Category Archives: Minutes

February 1, 2016-Supervisor Regular Meeting Minutes

Westfall Township, Matamoras, PA

February 1, 2016

The regular meeting of the Westfall Township Board of Supervisors was held Monday, February 1, 2016 at 7:04 pm. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Chairman, Robert Melvin, Vice Chairman, Jerry Dotey; Supervisors; Robert Bostinto and Paul Fischer; Solicitor, Robert Bernathy; Secretary, Jodi Hulse and Treasurer, Scott Myer. Also present were Road Master, Bill Schneider, Chief, Rob Llewellyn, Chief, Ed Isaacson, Chief, Chad Stewart, Zoning Officer, Wayne Rohner, Emergency Management Assistant, Michael Fischetta, Bill Koferl, Charles Pranski, John Dalton, and approximately 8 members of the general public.

Supervisor Lester Buchanan was not present.

APPROVAL OF AGENDA:  

Chairman Melvin added #11 under New Business as “Fire Hydrant Review”. 

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

PUBLIC COMMENT: 

Mr. Dalton addressed the Board. He stated he was surprised that the two Supervisors appointed to the Police Commission were two which were not on the Commission previously.  He stated the meeting went well with the new Commission Members.  Discussion followed.

Mr. Dalton also brought up the Cable Vision Franchise matter in Matamoras Borough. Discussion followed.  Mr. Dalton suggested the Board work with Matamoras.  He also offered information to the Board regarding electricity rates and tree trimming issues.  He suggested there be a public session.  Chairman Melvin stated that Orange and Rockland held a meeting which local representatives were invited which consisted of discussion regarding air compressor stations.  Supervisor Bostinto said the electricity rates are governed by the Public Utilities Commission.

Mr. Pranski suggested a Franchise Agreement. Solicitor Bernathy stated he has suggested this in the past and it needs to be added to an agenda for discussion.  Supervisor Fischer said if enacted, the cost will be passed on to the customer/resident.

Supervisor Fischer gave the details of the Pond Eddy Bridge meeting which he and Supervisor Bostinto attended.

Chairman Melvin stated the reason for appointing the two Supervisors which were not previously on the Police Commission is so all Supervisors on the Board have the experience of serving on the Commission. 

MINUTES:

January 4, 2016 Organization Meeting Minutes: A motion was made by Vice Chairman Dotey to approve the minutes. The motion was seconded by Supervisor Fischer and carries with all in favor.

January 4, 2016 Regular Meeting Minutes: A motion was made by Vice Chairman Dotey to approve the minutes. The motion was seconded by Supervisor Bostinto and carries with all in favor.

TREASURER’S REPORT: Mr. Myer gave the report for January, 2016 which is on file at the Township Office. Mr. Myer stated that all is in line for this time of year.  He discussed the Earned Income Tax income for January.  Mr. Myer said the Police Department payment was paid in full and not on a monthly basis at the beginning of the year as in the past.

Supervisor Fischer moved to approve the Treasurer’s Report. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

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

Monthly Count of Offenses known to police:

1 Homicide/Murder, 2 Rape, 1 Assault, 1 Burglary, 13 Larceny Theft, 3 Fraud, 3 Vandalism, 2 Drug Abuse (sale), 8 Disorderly Conduct and 4 all other offenses. Total 38

Monthly Count of Persons Charged for offenses:

1 Murder, 5 Larceny Theft, 1 Fraud, 1 Vandalism, 2 Drug Abuse, 1 DUI, 1 Disorderly Conduct and 1 all other offenses. Total 13

Miles patrolled for the month: 5,931 Year to Date:  5,931

Motor Vehicle Accidents for the month: 14 Year to Date: 14

Calls for Service for the month: 176 Year to Date:  176

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

Chief Stewart stated the 2015 Annual Report is on file with Secretary Hulse and is also on line for review.

FIRE DEPARTMENT:

Mill Rift Fire Department: Chief Ed Isaacson read the report which stated the following for the month of January, 2016:

January 1, 2016: Mutual Aid to Station 39-Tanker to possible structure fire at Wendy’s

January 1, 2016: Mutual Aid to Station 39-Landing Zone of Cummins Hill

January 6, 2016: Work detail Sub Station –Driver Training-Engine 1

January 8, 2016: Middletown, NY-Funeral detail for Silver Lake Fire Department (Middletown)-Firefighter Justin Speights

January 12, 2016: Monthly Meeting @ Mill Rift Fire House

January 20, 2016: Work detail Sub Station-Driver Training Engine 1

January 31, 2016: Motor Vehicle Accident-General area of Lost Camp

Total Apparatus Hours for January: 8.75

Total Man Hours for January: 44.75

Chief Isaacson stated the Department is involved in driver training since they have a lack of drivers. Chairman Melvin asked about the safety of our residents without drivers available.  Mr. Pranski stated that the Westfall Fire Department is on automatic response.

Westfall Fire Department: Chief Llewellyn gave the report for January, 2016: 3 Automatic Fire Alarms, 3 Motor Vehicle Accidents, 1 Landing Zone, 1 Brush Fire, 1 CO Alarm, and 5 Structure Fires.   The Total calls for January were 14.  The total fire calls year to date are 14.

The EMS Report for the month of January was as follows: 36 Calls in Westfall Township, 5 Calls in Dingman Township, 5 calls in Milford Township, 3 calls in Matamoras Borough, and 9 calls in Orange County, New York.  Total calls for January were 58.  Total EMS calls year to date are 58.

The combined Year to Date calls are 72.

Training for the month: Four drills/In-house training sessions held for 128 hours and one member completed 16 hours of Incident Safety Officers Training.

Other: 3rd Annual Golf Outing at High Point Country Club will be held on May 16; Westfall Fire Department Tricky Tray will be held on July 23, 2016 at DV School Complex; Pulled Pork Take Out Dinner will be held on August 12, 2016; Westfall Fire Department Hunters Raffle will be drawn on September 10, 2016 and Turkey Shoot Raffle will be held October 16, 2016.

Chief Llewellyn confirmed with Chairman Melvin the Department is sufficiently staffed with drivers.

A motion was made by Vice Chairman Dotey to approve both Fire Department Reports for the month of January. The motion was seconded by Supervisor Bostinto and carries with all in favor.

HIGHWAY DEPARTMENT:  Bill Schneider gave the report for January, 2016. Mr. Schneider stated the department handled three storms in the month of January, two snow and one ice.  Sign replacement was done.  Mr. Schneider said that 100 tons of salt was ordered/delivered and 92 tons of anti-skid was ordered/delivered.  The department did maintenance on equipment and building.  Mr. Schneider attended the Road Task Force meeting and the meeting at Shohola regarding the Pond Eddy Bridge Project.  He informed the Board there will be a Penn DOT repair on SR 1017 in Mill Rift which will start in June and that Penn DOT will keep one lane open which traffic will be controlled with a light.  He recommended the Board schedule a workshop meeting to discuss the 12 year plan for the township roads.  He also reported that James D. Morrissey, Inc. installed a culvert pipe on Reuben Bell Drive.  The permit fees were paid and bond provided.

The Highway Report was approved on a motion made by Supervisor Fischer. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

BUILDING/ZONING REPORT:  Wayne Rohner gave the report for January, 2016.  He reported one zoning permit and one building permit for January, 2016.  The fees totaled $248.00 for the month.

A motion was made by Vice Chairman Dotey to approve the Building/Zoning and to approve the payment of extra hours to Mr. Rohner to audit current outstanding files. The motion was seconded by Supervisor Fischer and carries with all in favor.

EMERGENCY MANAGEMENT: Mr. Fischetta presented the report for January, 2016.  He said that January was a relatively quiet month.  The EMA staff responded to a shooting incident on January 1, 2016 on Cummins Hill Road.  He requested Supervisor contact numbers.  Also, that all Supervisors complete necessary NIMS Courses.

A motion was made by Vice Chairman Dotey to approve the EMA Report for January, 2016. The motion was seconded by Supervisor Bostinto and carries with all in favor.

CORRESPONDENCE:  On desk for review.   

OLD BUSINESS:  

1. Township Building Generator-Specifications from Buchholz Electric, Inc: Advertise for Bids:

A motion was made by Supervisor Fischer to approve the advertising for the Township Building Generator installation and bids will be opened at the March 7, 2016 Supervisor Meeting. The motion was seconded by Vice Chairman Dotey and carries with all in favor. 

NEW BUSINESS: 

1. Parking Issue-The Grill Restaurant-Mr. Michael Bowe: No representative present. Discussion followed.

 

A motion was made by Vice Chairman Dotey to approve Solicitor Bernathy to move forward with the enforcement and to send a final notice. The motion was seconded by Supervisor Bostinto and carries with all in favor.

2. Appointment of Alternate Zoning Hearing Solicitor: A motion was made by Supervisor Fischer to appoint Attorney Stacey Beecher as Alternate Zoning Hearing Board Solicitor. The motion was seconded by Vice Chairman Dotey and carries with all in favor. 

3. Advertise Township Vacancies: A motion was made by Vice Chairman Dotey to approve the advertisement of all township vacancies. The motion was made by Supervisor Fischer and carries with all in favor. 

4. Approval of new road name-Mill Rift-Smith and Schmid property: A motion was made by Supervisor Fischer to approve the new road in front of the Smith and Schmid property in Mill Rift as “Farmview Court” which has been approved by the Pike County Communications Center. The motion was seconded by Supervisor Bostinto and carries with all in favor.

5.  Tort Liability-Township Roadways: Solicitor Bernathy explained some of the Tort Liability procedures and stated the Supervisor should review and incorporate into the Township Policy and Procedures. Mr. Schneider also added comment. Chairman Melvin said the Board will schedule a workshop meeting at the March Supervisor Meeting. No action was taken. 

6. Approval of Storage Tank Insurance Coverage: Chairman Melvin stated the policy needed to be renewed in between meetings therefore was renewed with the same coverage as last year. No action required/taken. 

7. Letter from the National Park Service-Historic Properties Management Plan: Chairman Melvin read the letter. Discussion followed regarding the Pierce House and the cemetery near there. No action was taken. 

8.Letter from North Castle Acres-Request for use of meeting room: Discussion followed. The Board decided not to approve the request. Chief Llewellyn suggested that the Board forward his phone number to the representative so that he could discuss use of the Fire House. The Board thanked Chief Llewellyn. No motion made therefore no action was taken.

9. Close Circuit Television Camera for bridge for Eastern Pike Regional Police Department: Supervisor Bostinto suggested this matter for discussion. Chief Stewart stated that this would be a large expense. Chairman Melvin stated this is an item for the Police Commission budget. Discussion followed. No action taken.

10. Township bill approval process and signatures: Discussion followed. Chairman Melvin advised Secretary Hulse to put this matter as a line item on the next meeting agenda for approval. 

11. Fire Hydrant Review: Solicitor Bernathy stated this matter needs to be addressed for the purposes of fire hydrant maintenance and repair. Discussion followed. A motion was made by Vice Chairman Dotey to approve Solicitor Bernathy to begin negotiating a resolution with the Municipal Authority of Matamoras to place, replace, operate, maintain and repair fire hydrants and water supply. The motion was seconded by Supervisor Bostinto and carries with all in favor. 

SUBDIVISION REVIEW and ACTION:  

NONE 

EXECUTIVE SESSION: 

NONE

ADJOURNMENT: Meeting was adjourned at 8:45 p.m. on a motion by Vice Chairman Dotey. Motion seconded by Supervisor Fischer and carries with all in favor.

 

Respectfully Submitted,

Jodi Hulse

Secretary

Joint Meeting-August 17, 2015

Westfall Township, Matamoras, PA

August 17, 2015

Joint Meeting-Westfall Township and Matamoras Borough

A Joint Meeting between the Westfall Township Board of Supervisors and the Matamoras Borough Council was held Monday, August 17, 2015 at 7:00 pm. The meeting was held at the Westfall Township Municipal Building located at 102 LaBarr Lane, Westfall Township, PA.

Those present were Chairman Robert Melvin, Vice Chairman Jerry Dotey, Supervisors Lester Buchanan and Robert Bostinto; Councilmen Joseph Sain, David Clark, Kevin Rose, Pete Sigreto, Dayne Losee, Thomas Greiner and Mark Madsen; Secretaries Jodi Hulse, Robert Fitch and Barbara Gilette; Chief Chad Stewart and approximately 9 members of the general public.

Supervisor Raymond Banach was not present. Mayor Clark was not present.

PUBLIC COMMENT: No public comment.

OLD BUSINESS: None

NEW BUSINESS: 

  1. Eastern Pike Regional Police Department-Proposed 2016 Budget-Discussion: Chairman Melvin stated the meeting is for informational purposes only and that no decisions would be made. All officials introduced themselves.

Chad Stewart presented the Proposed (DRAFT) 2016 Eastern Pike Regional Police Department Budget.

The Board and Council asked Chief Stewart questions regarding the budget. Discussion followed.

ADJOURNMENT: The meeting adjourned at 7:25 pm.

Respectfully Submitted,

Jodi Hulse

Secretary

Supervisor Regular Meeting Minutes-July 6, 2015

Westfall Township, Matamoras, PA

July 6, 2015

The regular meeting of the Westfall Township Board of Supervisors was held Monday, July 6, 2015 at 7:00 pm. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Vice Chairman, Jerry Dotey; Supervisors, Lester Buchanan and Robert Bostinto; Solicitor, Robert Bernathy, and Secretary, Jodi Hulse. Also present Bill Schneider, Michael Rendleman, Chad Stewart, Rob Llewellyn, Chuck Pranski, Robert Weintraub, Barry Heim, Mr. Buchholz, Twila Decker and approximately 15 members of the general public.

Chairman Robert Melvin, Supervisor Raymond Banach and Treasurer Scott Myer were not present.

APPROVAL OF AGENDA: 

Supervisor Buchanan added Number 5 under “Old Business”-Truck Purchase.

Vice Chairman Dotey added Number 11 under “New Business”-Addition to Mill Rift Fire Company requested by Chuck Pranski by phone call just prior to the meeting.

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

PUBLIC COMMENT: Mr. Buchholz addressed the Board. He lives near Tri-State Roofing on Route 6 and 209 and addressed his concern regarding the cutting of trees in a CD Zone. Discussion followed. The Board asked Mr. Rendleman to look into the matter.

MINUTES:

A motion was made by Supervisor Buchanan to approve the June 1, 2015 Supervisor Meeting Minutes. The motion was seconded by Supervisor Bostinto and carries with all in favor.

TREASURER’S REPORT: The report is on file. A motion was made by Supervisor Buchanan to approve the report. The motion was seconded by Supervisor Bostinto and carries with all in favor.

POLICE REPORT: Chad Stewart gave the Police Report (on file at the township office). The report was for the month of June, 2015. The following are the monthly count of offenses known to Police: 1 Rape, 7 Assault, 1 Burglary, 21 Larceny Theft, 2 Fraud, 5 Vandalism, 1 Recovery of Stolen Property, 2 Weapons Offense, 3 Drug Abuse, 2 DUI, 1 Liquor Law, 1 Drunkenness, 11 Disorderly Conduct and 5 all other offenses. The following is the monthly count of persons charged for offenses: 2 Assault, 15 larceny theft, 1 fraud, 3 drug abuse, 4 DUI, 2 Liquor Law, 1 Drunkenness and 2 disorderly conduct. Miles patrolled for the month were 5,443. Year to Date 27,256.  Motor vehicle accidents for the month were 17. Year to Date 102. Calls for service for the month were 218 Year to Date 1106.

Supervisor Buchanan moved to approve the Police Report. Motion was seconded by Vice Chairman Dotey and carries with all in favor.

FIRE DEPARTMENT:

Westfall Fire Department: Chief Llewellyn gave the report for June, 2015. The following was reported:

6 Automatic Fire Alarms, 1 Chief Investigation, 2 Utility Wires Down, 1 Public Service, 1 Vehicle Fire and 4 structure fires.   15 Calls for June. 105 Man hours for June. 152 Fire Calls Year to Date. 1,325 Man Hours Year to Date.

The EMS calls for the month of June were as follows: 36 calls to Westfall Township, 15 calls to cover Squad 33, and 19 calls to cover Squad 19. The total EMS calls for June were 63. There were 156.75 total man hours for June. 446 Total EMS calls Year to Date. 963 Man hours Year to Date.

Training: Four drills/In-house training sessions held for 172 hours. Four members completed 16 hours Basic Vehicle Training through PCTC totaling 64 hours training.

Other: WTVFD purchased a used 2009 Chevy Tahoe Command Vehicle from Warwick Fire Department. WTVFD is working with two manufacturers to spec a replacement for the 1986 Pierce Arrow Engine. The replacement unit being specified will be a Rescue Engine.

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

Mill Rift Fire Department: Chuck Pranski gave the report as follows:

6/8/15 Mutual Aid Station 39-Price Chopper-Tanker

6/08/15 Mutual Aid Station 39-Price Chopper-Tanker

6/10/15 Pump Drill-Engine 2

6/17/15 Public Service-Pool Fill

6/19/15 Monthly Meeting

6/24/15 Shed Fire-White Birch Road-Engine and Tanker

6/26/15 Driver Training-Brush

6/30/15 Driver Training-Tanker

Total Man Hours: 402

Total Equipment Hours Year to Date: 118

Total Man Hours for the Year: 784

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

HIGHWAY DEPARTMENT:  Bill Schneider gave the report for June, 2015. He met with Scott Maciak regarding Bluestone Boulevard paving. The department performed clean up after storms. They put material on Pond Drive and cleaned culvert pipes throughout the township. Fire Tower Road was repaired from washout. The department attended the tick born disease class at the Pike County Training Center. Mr. Schneider attended the Road Task Force Meeting. The price of salt will be increasing from $72 per ton to $83.20 per ton for the upcoming season. Mr. Schneider also met with the contact for the Route 84 & 6/209 regarding the drainage issue on Reuben Bell Drive. He received a call from Chad Stewart regarding the back up of traffic at the Walmart Light. Mr. Schneider said he has a call into PennDOT regarding the timing regulation. He has no update on the Delaware Drive issue as of yet. The department is replacing culvert pipes on Cummins Hill Road and Bluestone Boulevard. Base repair will also be done on Bluestone Boulevard before paving.

Mr. Schneider thanked the Mill Rift Fire Department for washing the pedestrian tunnel. He said he was also called out a few times to reset the traffic lights due to power surges.

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

BUILDING/ZONING REPORT: Michael Rendleman gave the report for June, 2015. There were 8 building permits, 1 Driveway Permit, 2 Electrical Permits and 4 zoning permits issued for the month. The fees totaled $2,042.00 with $425.00 outstanding.

Supervisor Buchanan moved to approve the report. Motion was seconded by Supervisor Bostinto and carries with all in favor.

EMERGENCY MANAGEMENT: No report was submitted. Discussion followed. A motion was made by Supervisor Buchanan to send a letter to Mr. Ewbank requesting he attend each Supervisor Meeting to submit the Emergency Management Report monthly. The motion was seconded by Supervisor Bostinto and carries with all in favor.

CORRESPONDENCE: On desk for review. 

OLD BUSINESS:  

    1. Bluestone Boulevard Culvert Replacement Project Bids: A motion was made by Supervisor Buchanan to award the bid to Morgan Site Contractors (since local contractor) subject to legal review since the bid was slightly higher than Rutledge Excavating, Inc. If not permissible by law, the bid would be awarded to the lower bidder, Rutledge Excavating. The motion was seconded by Supervisor Bostinto and carries with all in favor.
    2. Bluestone Boulevard Stream Bank Stabilization: Discussion was held. The matter was tabled.
    3.  Contractor List: A motion was made by Supervisor Buchanan to accept the proposal from Buchholz Electric, Inc. and add to the approved contractor list for the township. The motion was seconded by Vice Chairman Dotey and carries with all in favor.A motion was made by Supervisor Buchanan to reject the proposal from The Ey Group, Inc. due to unacceptable hourly rate. The motion was seconded by Vice Chairman Dotey and carries with all in favor.
    4.  Fence Estimates (Fence along side of Highway Department Building): A motion was made by Supervisor Buchanan to award the bid to the lowest bidder to specification which was TNT Fence Company. The motion was seconded by Supervisor Bostinto and carries with all in favor.

5. Truck Purchase: A motion was made by Supervisor Buchanan to purchase the Dodge Mason Dump (ready to go) from Powell’s Dealership at a price of approximately $2,500 higher than the previous Ford Truck Order (due to delivery time). The motion was seconded by Vice Chairman Dotey and carries with all in favor.

NEW BUSINESS: 

1.  Bluestone Boulevard Paving: A motion was made by Supervisor Buchanan to advertise for bids. The motion was seconded by Supervisor Bostinto and carries with all in favor. 

2.  Cpl. Bryon Dickson Memorial Garden: Robert Weintraub from The Penn State Extension-Pike County Master Gardners gave presentation requesting donations for the garden.

3.  Pike County Humane Society: Barry Heim gave presentation. A motion was made by Supervisor Buchanan to appropriate $1,200.00 to the Pike County Humane Society. There was no second and motion did not carry.

Discussion followed.

A motion was made by Supervisor Buchanan to appropriate $2,400.00 to the Pike County Humane Society. The motion was seconded by Supervisor Bostinto and carries with all in favor.

4. Local Service Tax: Discussion followed. No action taken.

5. Amusement Tax: A motion was made by Supervisor Buchanan approving Solicitor Bernathy to advertise a Public Hearing to repeal the Amusement Tax Ordinance. The hearing will be advertised for August 3, 2015 at 7:00 pm. The motion was seconded by Supervisor Bostinto and carries with all in favor.

6.  Exoneration of Taxes/Judicial Sale: A motion was made by Supervisor Buchanan to approve the exoneration of 2015 taxes for Tax Map 067.03-01-45.002, owner Patricia Perretti. The motion was seconded by Supervisor Bostinto and carries with all in favor.

7. Flood Insurance Policy Renewal: A motion was made by Supervisor Buchanan to approve “Option B” of the Flood Insurance Renewal Policy. The motion was seconded by Supervisor Bostinto and carries with all in favor.

8. Resignation Letter from Chuck Pranski: A motion was made by Supervisor Buchanan to accept Mr. Pranski’s letter of resignation from the Upper Delaware Council. The motion was seconded by Supervisor Bostinto and carries with all in favor

9. Letter from Twila Decker regarding “Junk Ordinance”: Discussion followed. The Board tabled the matter.

10. Mill Rift Fire Department Raft Storage:   A motion was made by Supervisor Buchanan to approve the storage of the Mill Rift Fire Department Raft in the one garage bay in the lower level of the Township Building with the condition of the department changing the lock on the walk through door and supplying the Township with a key. The motion was seconded by Supervisor Bostinto and carries with all in favor.

11. Addition to Mill Rift Fire Department Sub-Station: A motion was made by Supervisor Buchanan allowing the Mill Rift Fire Department to add on to the Sub-station located next to the Township Building conditioned upon the department obtaining the proper permits. The motion was seconded by Supervisor Bostinto and carries with all in favor.

Discussion held regarding repair of large holes at Pennsylvania Fish Commission property out in front of Township Building.   

SUBDIVISION REVIEW and ACTION: None 

EXECUTIVE SESSION: None

ADJOURNMENT: Meeting was adjourned at 8:27 p.m. on a motion by Supervisor Buchanan. Motion seconded by Supervisor Bostinto and carries with all in favor.

Respectfully Submitted,

Jodi Hulse

Secretary

Supervisor Regular Meeting Minutes-June 1, 2015

 

Westfall Township, Matamoras, PA

June 1, 2015

The regular meeting of the Westfall Township Board of Supervisors was held Monday, June 1, 2015 at 7:05 pm. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Chairman, Robert Melvin (arrived at 7:07 pm), Vice Chairman, Jerry Dotey; Supervisors, Raymond Banach, Lester J. Buchanan and Robert Bostinto; Solicitor, Robert Bernathy, and Secretary, Jodi Hulse. Also present were Scott Myer, Bill Schneider, Michael Rendleman, Chad Stewart, Paul Bunnell, Rob Llewellyn, Elias Muhlrad, Steve Ovens, John Dalton, Michael Sullivan, Karl Wagner, Bill Koferl, Ross Banach, Philip Smith, and Jane Brace.

Vice Chairman Dotey started the meeting and Chairman Melvin took over upon his arrival at 7:05.

APPROVAL OF AGENDA:  

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

PUBLIC COMMENT:   Steve Ovens of the Milford Landing POA Board of Directors addressed the Supervisors.  He stated he would like to comment of the Fire Department Report when addressed in the meeting.

MINUTES:

A motion was made by Supervisor Banach to approve the April 6, 2015 Public Hearing (Ordinance #163) Minutes and the April 6, Regular Meeting Minutes.  The motion was seconded by Supervisor Buchanan and carries with all in favor.

A motion was made by Supervisor Buchanan to approve the March 2, 2015 minutes revision.  The motion seconded by Chairman Melvin and carries with all in favor.

A motion was made by Supervisor Buchanan to approve the May 4, 2015 Regular Meeting Minutes.  The motion was seconded by Vice Chairman Dotey.  The motion carried with three in favor and two abstentions.  Chairman Melvin and Supervisor Banach abstained since they were not present at the May 4, 2015 meeting.

A motion was made by Supervisor Buchanan to move #2 under “Old Business” up.  The motion was seconded by Supervisor Bostinto and carries with all in favor.

LERTA (Local Economic Revitalization Tax Abatement):  A presentation was given by Michael Sullivan from the Economic Development Authority and Karl Wagner, Pike County Commissioner.  Several comments were made.

A motion was made by Supervisor Buchanan to put the program in effect.  The motion was seconded by Supervisor Bostinto.  Supervisor Banach, Vice Chairman Dotey and Chairman Melvin were in opposition.  The motion did not carry.

TREASURER’S REPORT:  Mr. Myer gave the report.  All in in line with budget for this time of year.

A motion was made by Supervisor Banach to approve the report for May, 2015.  The motion was seconded by Supervisor Buchanan and carries with all in favor. 

POLICE REPORT:  Chad Stewart gave the Police Report (on file at the township office).  The report was for the month of May, 2015.   The following are the monthly count of offenses known to Police: 3 Assault, 1 Burglary, 22 Larceny Theft, 1 Forgery, 2 Fraud, 3 Vandalism, 1 Sex Offense, 3 Drug Abuse, 1 DUI, 5 Disorderly Conduct and 5 all other offenses.  The following is the monthly count of persons charged for offenses:   1 Assault, 1 Burglary, 12 Larceny Theft, 1 Drug Abuse, 1 Disorderly Conduct, 1 DUI and 2 all other offenses.  Miles patrolled for the month were 5,876 Year to Date 21,813.    Motor vehicle accidents for the month were 23 Year to Date 85.  Calls for service for the month were 221 Year to Date 888.

Supervisor Buchanan moved to approve the Police Report.  Motion was seconded by Vice Chairman Dotey and carries with all in favor.

FIRE DEPARTMENT:

Westfall Fire Department:  Chief Llewellyn gave the report for May, 2015.  The following was reported:

1 Landing Zone, 8 Automatic Fire Alarms, 11 Motor Vehicle Accidents, 4 Chief Investigations, 2 Water Rescue, 3 Standby, 1 Public Service, 6 Brush Fires, 3 Vehicle Fires, and 3 Structure Fires.  42 Calls for May.  218 Man hours for May.  137 Fire Calls Year to Date.  1,220 Man Hours Year to Date.

The EMS calls for the month of May were as follows:  63 calls to Westfall Township, 7 calls to cover Squad 33, and 6 calls to cover Squad 19.  The total EMS calls for May were 76.  There were 147 total man hours for May.  383 Total EMS calls Year to Date.  806.25 Man hours Year to Date.

Chief Llewellyn state there were Four drills/in house training sessions held for 168 hours and 15 members completed 16 hours of “Response to Active Shooter” training.

Mr. Ovens commented on the Milford Landing Fire Loss.  Solicitor Bernathy advised Mr. Ovens to submit a “Right to Know” request directly to the Fire Department to obtain any reports.

A motion was made by Supervisor Banach to approve the Fire Department Report.  The motion was seconded by Supervisor Buchanan and carries with all in favor.

Mill Rift Fire Department:  No representative was present.

HIGHWAY DEPARTMENT:   Bill Schneider gave the report for May, 2015.  He stated the department did cold patching, maintenance on township building and lawns, maintenance on equipment, painted plows and put in storage, prepared spreaders for next winter season.  May 10, 2015 the department was called out for a tree down on Doug Miller Road.  They worked on storm drains, culverts and shoulders.  The department continued sign installation.  Mr. Schneider addressed the Board regarding fencing at the Highway Department Building on the Eshelman side.  The Supervisors suggested Mr. Schneider obtain three quotes.  Mr. Schneider stated that he was unable to speak to Susan Hazleton (Project Engineer) at the Penn DOT District 4 office so therefore he had no new information regarding the Route 1017 road erosion.

Mr. Schneider said he provided to the Board a “Record of Site Visit” from the Pike County Conservation District.

A motion was made by Supervisor Banach to hire Kiley Associates at an hourly rate to provide an estimate to the Board for engineering fee cost for #5 on the “Record of Site Visit” which is Bluestone Boulevard Bank Stabilization.  The motion was seconded by Supervisor Buchanan and carries with all in favor.

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

BUILDING/ZONING REPORT:  Michael Rendleman gave the report for May, 2015.  There were 4 building permits and 3 zoning permits issued for the month.  The fees totaled 4,335.30.

Supervisor Banach moved to approve the report. Motion was seconded by Supervisor Buchanan and carries with all in favor.

EMERGENCY MANAGEMENT:  Secretary Hulse said that the report submitted by Mr. Ewbank states that he provided assistance on May 8, 9, 10, 11 to the Milford Landing Fire Loss victims.  He made sure they had lodging and were taken care of.  He kept tabs on when they could return home.  On May 21, 2015 he helped install the antenna for the Emergency Management Office radio.

Supervisor Buchanan moved to approve the Emergency Management Report.  The motion was seconded by Vice Chairman Dotey and carries with all in favor.

CORRESPONDENCE:  On desk for review.   

OLD BUSINESS:   

1. Bluestone Boulevard Culvert Replacement Project Bids: The following bids were received: 

Morgan Site Contractors:  $37,549.00

Kobalt Construction:  $93,300.00 (lump sum bid)

Rutledge Excavating:  $36,954.00

Chairman Melvin stated the bid would be awarded at the July 6, 2015 Supervisor Meeting.

2. Loan Agreement for truck purchase-Westfall Municipal Authority: A motion was made by Supervisor Buchanan to approve the Board signing the agreement subject to attorney review. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

3. Delaware Drive Road Erosion: This matter was addressed in Mr. Schneider’s Report.

 

4. Noise Issue in Mill Rift: A motion was made by Supervisor Banach to schedule a meeting with Deer Park Police, New York State Police, Upper Delaware Council, National Park Service and one or two Supervisors. The meeting will not be advertised since there will be no quorum. The motion was seconded by Supervisor Buchanan and carries with all in favor. 

 

NEW BUSINESS:  

1. Milford Landing Fire Loss: Discussion was held and comments made. 

A motion was made by Supervisor Buchanan to grant access to owner of units affected and tenants of units affected without supervision from the Township with the stipulation that the Indemnification Agreements are signed and notarized by the owner, tenants and Supervisors.  The motion was seconded by Vice Chairman Dotey and carries with all in favor.

Additional discussion followed.

2. LERTA: Was moved up earlier in the meeting.

3. Employee Salaries: A motion was made by Supervisor Banach to put employee 3% pay increases in effect as of July 1, 2015. The motion was seconded by Vice Chairman Dotey and carries with all in favor. 

4. Letter from HDR Engineering –SR 1017-Roadway Reconstruction and Retaining Wall: Discussion took place. Comment was made by the Board with concern to keeping one lane open during construction. No action taken. 

5. Small Jobs/Maintenance: The Board requested Secretary Hulse send a letter to local contractors to compile a list of willing contractors to provide services to the Township. The Board will review at the July 6, 2015 meeting. 

6. Painting of Trim on Township Building: Tabled 

7. New Lights in Township Meeting Room: Tabled 

8. Wiring for Emergency Generator for Township Building/pole at tunnel /re-piping of fuel tanks: The generator matter was tabled. No action was taken regarding the pole at the tunnel. The re-piping and wiring of fuel tanks was tabled until Mr. Schneider could obtain information regarding relocation of tanks. 

9. Change Locks on Township Building: A motion was made by Supervisor Buchanan to obtain three quotes to have the entrance door to the Township Building repaired and locks changed/new keys. The motion was seconded by Vice Chairman Dotey and carries with all in favor. 

SUBDIVISION REVIEW and ACTION: None 

EXECUTIVE SESSION:  An Executive Session was called at 8:26 pm for personnel matters.

The meeting was back in session at 8:36 pm.  Chairman Melvin stated no action required.

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

Respectfully Submitted,

Jodi Hulse

Secretary

Supervisor Regular Meeting Minutes-May 4, 2015

Westfall Township, Matamoras, PA

May 4, 2015

The regular meeting of the Westfall Township Board of Supervisors was held Monday, May 4, 2015 at 7:00 pm. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Vice Chairman, Jerry Dotey; Supervisors, Lester J. Buchanan and Robert Bostinto; Solicitor, Robert Bernathy, and Secretary, Jodi Hulse. Also present were Scott Myer, Bill Schneider, Chad Stewart, John Dalton, Marge Tonkin, Pete Sigretto and approximately 6 members of the general public.

Chairman Robert Melvin and Supervisor Raymond Banach were not present.

APPROVAL OF AGENDA:  

Supervisor Buchanan added #9 under New Business as “Bill Signing”.  A motion was made by Supervisor Buchanan to approve the agenda.  The motion was seconded by Supervisor Bostinto and carries with all in favor.

EXECUTIVE SESSION:  NONE

PUBLIC COMMENT:    Marge Tonkin addressed the Board asking if they have considered a “No Loitering” Ordinance.  She also showed concern regarding the wall at the location of her property on Heaters Hill.  Discussion followed.

Mr. Dalton addressed the Board regarding the responsibility of fire hydrant snow removal.  He also suggested the Board consider paying the Matamoras Water Authority invoice without having representation on the Board.  Discussion followed.

Mr. Dalton also suggested the Board correct the minutes of the March 2, 2015 Supervisor Meeting to reflect that Supervisor Banach was not present after the executive session which was held during the meeting.

Mr. Sigretto addressed the Board suggesting the importance of having a defibrillator in every police car at the Eastern Pike Regional Police Department since the police are usually first on the scene of an emergency call.  He hoped the Board decides to purchase one.

Mr. Sigretto also stated he was confused regarding Supervisor Banach’s statements at the Earned Income Tax Public Hearing held on April 6, 2015.  He wanted the press to reflect the proper shares of  Eastern Pike Regional Police Department funding being paid by Matamoras Borough and Westfall Township.  He also commented on Supervisor Banach’s statements regarding officers leaving the State Police Force to come back to the Eastern Pike Regional Police Department.  Discussion followed.

MINUTES:

4/6/15-Public Hearing #163–Tabled

4/6/15-Regular Meeting Minutes–Tabled

3/2/15-Regular Meeting-Revised–Tabled

TREASURER’S REPORT:  Scott Myer gave the report.   The report is on file at the township office.  Mr. Myer stated that taxes payments are coming in.  The second quarter payment to the Eastern Pike Regional Police Department has been made as well as the Dombrosky settlement payment.  All is in line for this time of year.

A motion was made by Supervisor Buchanan to accept the Treasurer’s Report.  The motion was seconded by Supervisor Bostinto and carries with all in favor.  

POLICE REPORT:  Chad Stewart gave the Police Report (on file at the township office).  The report was for the month of April, 2015.   The following are the monthly count of offenses known to Police: 4 Assault, 18 Larceny Theft, 1 Motor Vehicle, 1 Forgery, 2 Receiving Stolen Property, 4 Fraud, 5 Vandalism, 2 Weapons Possession, 1 Drug Abuse, 1 DUI, 6 Disorderly Conduct and 3 all other offenses.  The following is the monthly count of persons charged for offenses:   1 Assault, 15 Larceny Theft, 2 Drug Abuse and 1 DUI.  Miles patrolled for the month were 5,497 Year to Date 21,813.    Motor vehicle accidents for the month were 17 Year to Date 62.  Calls for service for the month were 198 Year to Date 665. 

Supervisor Buchanan moved to approve the Police Report.  Motion was seconded by Supervisor Bostinto and carries with all in favor.

FIRE DEPARTMENT:

Both Mill Rift and Westfall Fire Department Representatives were not present due to high volume of brush fires on this date.  The reports are to be submitted to the township within the upcoming week.

HIGHWAY DEPARTMENT:   Bill Schneider gave the report for April, 2015.   He stated the department worked on cold patching throughout the township and sign replacement as well.  The department used the rented sweeper on the roadways due to the high volume of materials from the winter maintenance.  He apologized about the dust.  Mr. Schneider said cleanup day went well.  He attended the Road Task Force meeting for the month of April.  Risk Management was a subject he discussed with two Supervisors.  Mr. Schneider also had a meeting with the Pike County Conservation District.  He thanked the Mill Rift Fire Department for spraying off the Township Building Parking Lot.  The department removed spreaders from trucks and performed maintenance on equipment.  All hydraulic lines on Freightliner were replaced by Powell Equipment.  The department will be doing maintenance on Mashipacong Island on Friday, May 8, 2015.

Discussion was held regarding Mashipacong Island.

The Highway Department Report was accepted by a motion made by Supervisor Bostinto.  The motion was seconded by Supervisor Buchanan and carries with all in favor.

BUILDING/ZONING REPORT:  Secretary Hulse gave the report since Michael Rendleman was not present.  She said there were six building permits and eight zoning permits for the month of April.  The total fees collected were $2,419.12 with $200.00 outstanding.

Supervisor Buchanan moved to approve the report. Motion was seconded by Supervisor Bostinto and carries with all in favor.

EMERGENCY MANAGEMENT:  Secretary Hulse said that the report submitted by Mr. Ewbank states that Assistant James Ellison responded to a possible structure fire at Heritage Point on April 30, 2015.

Supervisor Buchanan moved to approve the Emergency Management Report.  The motion was seconded by Supervisor Bostinto and carries with all in favor.

CORRESPONDENCE:  On desk for review.   

OLD BUSINESS:   

1. Purchase of Defibrillator for Eastern Pike Regional Police Department: A motion was made by Supervisor Buchanan to approve the purchase of the defibrillator. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

NEW BUSINESS:  

  1. Delaware Drive Road Issue: Discussion held regarding issue. No motions/decisions were made. 
  2. 2016 F550 Truck Purchase: Solicitor Bernathy said the purchase would be through the State so no bidding required. A motion was made by Supervisor Buchanan to approve the purchase of a 2016 F550 Truck at a cost of approximately $77,000 with financing through the Westfall Municipal Authority at a rate of 2.5 % at an amount of years to maintain the current payment amount. The motion was seconded by Vice Chairman Dotey and carries with all in favor.
  3. Financing Offer from Westfall Municipal Authority for Truck Purchase: Included in motion for #2 under New Business.
  4. Bluestone Boulevard Road Project-Grant from PCCD-Contract: A motion was made by Supervisor Buchanan to approve the signing of the 2015 Low Volume Road Program Contract for grant and to advertise for project bids for same project according to Kiley Associates “Invitation to bid”. The motion was seconded by Vice Chairman Dotey and carries with all in favor.
  5. Bluestone Boulevard Road Project-Advertise for bids: Included in motion for #4 under New Business.
  6. Resolution 2015-2 Berkheimer Delinquent Cost Resolution: A motion was made by Supervisor Buchanan to approve the Resolution. The motion was seconded by Supervisor Bostinto and carries with all in favor.
  7.  Resolution 2015-3 Berkheimer Confidential Contact Resolution: A motion was made by Supervisor Buchanan to approve the Resolution. The motion was seconded by Supervisor Bostinto and carries with all in favor.
  8. Resolution 2015-4 Corporate and Unincorporated Organization Resolution (Biondo Group): A motion was made by Supervisor Buchanan to approve the Resolution being signed in front of a Notary by Mr. Dalton as Non-Uniform Pension Plan Member. The motion was seconded by Supervisor Bostinto and carries with all in favor.
  9. Bill Signing: Discussion was held. A motion was made by Supervisor Buchanan to approve the township bills to be signed by one Supervisor and the Township Secretary. The motion was seconded by Supervisor Bostinto and carries with all in favor.

SUBDIVISION REVIEW and ACTION: None

EXECUTIVE SESSION:  None

ADJOURNMENT: Meeting was adjourned at 7:56 p.m. on a motion by Supervisor Buchanan. Motion seconded by Supervisor Bostinto and carries with all in favor.

Respectfully Submitted,

Jodi Hulse

Secretary

Supervisor Regular Meeting Minutes-April 6, 2015

Westfall Township, Matamoras, PA

April 6, 2015

The regular meeting of the Westfall Township Board of Supervisors was held Monday, April 6, 2015 at 7:25 pm. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Chairman, Robert Melvin; Vice Chairman, Jerry Dotey; Supervisors, Raymond Banach and Lester J. Buchanan; Solicitor, Robert Bernathy, and Secretary, Jodi Hulse. Also present were Scott Myer, Bill Schneider, Mike Rendleman, Chad Stewart, John Dalton, Rob Llewellyn, Charles Pranski, and approximately 20 members of the general public.

Supervisor Bostinto was not present.

APPROVAL OF AGENDA:  

Approval of the agenda took place in the public hearing held just before the meeting.  Chairman Melvin moved the vote on the proposed Earned Income/Net Profit Tax Ordinance to the public hearing and removed it from Old Business.

A motion was made by Supervisor Buchanan to approve the agenda.  The motion was seconded by Vice Chairman Dotey and carries with three in favor and one opposition.  Supervisor Banach was in opposition.

EXECUTIVE SESSION:  NONE

PUBLIC COMMENT:    No public comment took place.

MINUTES:  A motion was made by Supervisor Buchanan to approve the March 2, 2015 Regular Supervisor Meeting Minutes.  The motion was seconded by Vice Chairman Dotey.  The motion carries with all in favor.

TREASURER’S REPORT:  Scott Myer gave the report.   The report is on file at the township office.  Mr. Myer said all is in line as expected.

A motion was made by Supervisor Banach to accept the Treasurer’s Report.  The motion was seconded by Vice Chairman Dotey and carries with all in favor.  

POLICE REPORT:  Chad Stewart gave the Police Report (on file at the township office).  The report was for the month of March, 2015.   The following are the monthly count of offenses known to Police:  1 Burglary, 17 Larceny Theft, 1 Forgery, 4 Fraud, 1 Vandalism, 2 Weapons Possession, 3 Drug Abuse, 6 Disorderly Conduct and 1 all other offenses.  The following is the monthly count of persons charged for offenses: 9 Larceny Theft, 1 Recovery of Stolen Property, 2 Weapons Possession, 1 Sex Offense, 1 Liquor Law, 5 Drug Abuse, 3 Disorderly Conduct and 1 all other offenses.  Miles patrolled for the month were 5,984 Year to Date 16, 316.    Motor vehicle accidents for the month were 12 Year to Date 45.  Calls for service for the month were 184 Year to Date 467.

Supervisor Buchanan moved to approve the Police Report.  Motion was seconded by Supervisor Banach and carries with all in favor.

FIRE DEPARTMENT:

Westfall Fire Department:   Rob Llewellyn gave the report for March, 2015.  It was as follows:

1 Assist EMS, 2 Automatic Fire Alarms, 1 CO Alarm, 1 Gas Leak, 4 Motor Vehicle Accidents, 3 Chief Investigations, 1 Spill Control, 1 Stand By, 2 Chimney Fires, 3 Vehicle Fires, and 6 Structure Fires. Total calls for March were 25.  Total man hours for March were 133.75 and total man hours ytd are 858.75.

EMS Report for March; 21 calls in Westfall Township; 1 call to cover Blue Ridge, 34 calls to cover squad 33 and 17 calls to cover Squad 19.  73 calls for March.  176.25 man hours for March.  226 EMS calls ytd.  491.25 Man Hours ytd.

Four drills /In house training were held for 136 hours.  Three members received CPR/AED Teaching Certification.

Mill Rift Fire Department Report:   Charles Pranski gave the report.  The report for March is as follows:

3/03/15 Work Night-Ran and checked all vehicles-12 man hours and 10 equipment hours

3/10/15 Monthly Meeting-24 man hours

3/17/15 Wires Down-Jay Court-4 man hours and 1 equipment hour

3/17/15 Work Night-Went over Scott Packs-12 man hours-1 equipment hour

3/18/15 Mutual Aid Station 32, Structure Fire-Tanker 1-2 man hours and 1 equipment hour

3/25/15 Cleaned firehouse-14 man hours and 1 equipment hour

3/28/15 Mutual Aid Station 32-Structure Fire-Tanker 1-2 total man hours and .5 equipment hours

Total Man Hours: 70

Total Equipment Hours: 28

Total Man Hours for the year: 283

The Fire Department Reports were accepted by a motion made by Supervisor Banach.  The motion was seconded by Vice Chairman Dotey and carries with all in favor.

HIGHWAY DEPARTMENT:   Bill Schneider gave the report for March, 2015.   He stated the department worked on pot hole patching throughout the township.  They installed road signs also.  Equipment maintenance was performed.  Mr. Schneider said there were two small storms for which they plowed and put down material.  He said he met with the Conservation District regarding grant application for Cummins Hill Road.  He also spoke with the DCBR regarding work to be done on Machipicong Island.  He finalized the pole list for the letter to the Public Utilities Commission.  Mr. Schneider said he has the street broom scheduled for use the last week of the month.  The department plans on replacing the culvert pipes on Bluestone Boulevard.  The large culvert pipe by the Polatnik Bridge on Cummins Hill will be replaced.  This is the area which the grant was applied for.  He said if whether the township receives the grant or not, the work will be put out for bid in May. He said as soon as the spreader is removed from the mason dump, the department will start to do hot patch on the roads.

The Highway Department Report was accepted by a motion made by Vice Chairman Dotey.  The motion was seconded by Supervisor Banach and carries with all in favor.

BUILDING/ZONING REPORT:  Michael Rendleman gave the report for March stating there were two building permits and three zoning permits totaling $2,214.60 of which $75.00 is outstanding.

Supervisor Buchanan moved to approve the report. Motion was seconded by Vice Chairman Dotey and carries with all in favor.

EMERGENCY MANAGEMENT:  Secretary Hulse said that as per Mr. Ewbank, there was nothing to report for the month of March.

CORRESPONDENCE:  On desk for review.   

OLD BUSINESS:    

1. Ordinance 163-Membership in Pennsylvania Township Health Insurance Cooperative Trust and the PSATS Unemployment Compensation Group Trust (Amending Ordinance #161): A motion was made by Supervisor Buchanan to approve the ordinance. The motion was seconded by Vice Chairman Dotey and carries with all in favor. 

2. Ordinance 164-Earned Income Tax/Net Profit Tax Ordinance: This was removed from agenda since action was taken during the public hearing which was held at prior to the meeting.

NEW BUSINESS:   

1.Schedule Spring Clean-Up Day: A motion was made by Supervisor Banach to schedule the clean-up day for May 2, 2015 from 8:00 am until 2:00 pm with the same fee schedule as last year. The motion was seconded by Vice Chairman Dotey and carries with all in favor. 

2. Office Storage Issue: Discussion was held regarding the lack of storage in the township office. No action was taken. Discussion followed regarding the length of time documents are required to be kept by law.

 3. Cyber Risk Insurance Quote Application: The Board decided the coverage was not needed at this time. No action was taken. 

4. Purchase Defibrillator for Eastern Pike Regional Police Department: A motion was made by Supervisor Buchanan to purchase a defibrillator for the Department. There was no second therefore the motion did not carry. Discussion followed.

5. Eastern Pike Regional Police Commissioner Terms-Letter from Commission requesting stagger of terms: A motion was made by Supervisor Banach to approve the amendment of the Regionalization Agreement to reflect the stagger of terms recited in the letter. The motion was seconded by Vice Chairman Dotey and carries with all in favor. 

6. Kuharchik Construction Rate Increase Proposal: A motion was made by Supervisor Buchanan to sign the proposal from Kuharchik with the rate increase only through the end of 2015 and to put on agenda in September of 2015 to advertise for other proposals. The motion was seconded by Vice Chairman Dotey and carries with three in favor and one opposition. Supervisor Banach was in opposition. 

Solicitor Bernathy advised Secretary Hulse to add the term of time to the proposal.

7. Noise Pollution-Hawk’s Nest: Discussion was held regarding the noise from the vehicles and motorcycles in the Hawk’s Nest area which echoes through Mill Rift. A motion was made by Supervisor Buchanan to send a letter to the National Park Service and to the Upper Delaware Council for their help in the matter. The motion was seconded by Supervisor Banach and carries with all in favor. 

SUBDIVISION REVIEW and ACTION: None 

EXECUTIVE SESSION:  None

ADJOURNMENT: Meeting was adjourned at 7:58 p.m. on a motion by Supervisor Banach. Motion seconded by Vice Chairman Dotey and carries with all in favor.

Respectfully Submitted,

Jodi Hulse

Secretary

Supervisors Meeting June 4, 2013

Westfall Township, Matamoras, PA

June 4, 2013

The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, June 4, 2013 at 8:05 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 and Robert Melvin; Solicitor, Robert Bernathy, and Secretary, Lisa Green. Also present were Treasurer, Scott Myer; Zoning Officer, Michael Rendleman; Bill Schneider, Bill Jamros, Luis Bocaletti, Lisa Mickles, Beth Brelje, Lisa Babcock, Reginald Gardner, Mike Barth, Twila Decker, Steve Height, Chuck Pranski, John Schneider, and approximately 15 members of the general public.

Chairman Ewbank announced that an executive session was held on May 13, 2013 at 7:00 pm for the purpose of personnel and litigation.

AGENDA: The agenda was approved on a motion by Supervisor Flansburg. Motion is seconded by Vice-chairman Fischer and carries with all in favor.

PUBLIC COMMENT: Attorney John Schneider representing Have a Hoot said he had raised a legal issue during the public comment for the Amusement Tax which exempts places that have fitness, exercise and weight control and continued by stating they had sent a letter to the Township claiming the exemption and have continued to receive notices from Berkheimer Associates the townships tax collector to comply with the tax. In their cover letter Berkheimer indicates if you claim an exemption you are to notify them, however they have done that along with forwarding the letter that was sent to the township and they have not received a response. The letter they sent to the Township and to Berkheimer date back several weeks ago yet they have received no response on their determination of an exemption. Berkheimer told Mr. Schneider that they are the tax official that is appointed to make determinations of tax issues yet he does not know the next step. He does not want his client to be sued or have criminal charges brought against him for failure to comply with the tax. Since he has received no response he has come before the board to try to get the matter resolved. Solicitor Bernathy said he can’t speak for Berkheimer but the Township can get in touch with them and as far as the Township is concerned we do not feel that his client is exempt as was brought up during the hearing. Mr. Schneider said there are many inconsistencies relating to the tax, and he is not sure what is covered. Mr. Schneider brought up Malibu Dude Ranch who was in favor of the amusement tax and questioned if they would pay the tax if they are renting a horse or only for the rodeos that they hold, and continued by stating there are inconsistencies and who would determine what is an amusement. Solicitor Bernathy said that is a determination that should be left for the Court because this ordinance has been upheld by the court and Have a Hoot is not involved in interstate commerce and is not exempt from the ordinance. Mr. Schneider said he understands that this is going to go to a court that he needs to know what the next step is. Solicitor Bernathy said he doesn’t want to advise his client however if they say they are exempt then don’t pay the tax and a collection proceeding will be instituted and we will end up in court and they can raise the defense that their client is involved with fitness or weight control and that will be a determination map is made by the court. Mr. Schneider said he would like to see if there was an administrative proceeding in which they could make that argument. Solicitor Bernathy said that is already defined in the ordinance and that the determination is made by the court. Discussion was held. Supervisor Flansburg asked Mr. Schneider if he is saying that laser tag and hotdogs etc. are considered exercise. Mr. Schneider said no one here knows the rehabilitation that takes place there. Further discussion was held. Solicitor Bernathy said we will make sure that Berkheimer gets in touch with Mr. Schneider.

Mike Barth said rather than going to Court over the ordinance wouldn’t it make sense to have an appeals process before the board. Solicitor Bernathy said that is not the case because we have already had this discussion before the ordinance was enacted. Supervisor Flansburg asked Mr. Barth if everyone in the room raised their hands and said that Have a Hoot was not a place of exercise did he think that that would satisfy Mr. Schneider. Stating that it probably would not and they would end up in court. Further stating he agrees that there should be a better process but he doesn’t know of one.

Vice chairman Fischer said it is his feeling that it is in Berkheimer’s hands right now and they need to make that determination.

Bill Jamros said he doesn’t understand it because it’s only a 1% tax and several other townships have greater taxes. He did not see the problem with a pass thru tax.

Chuck Pranski said if Berkheimer is the appeal officer he feels that this a conflict of interest since they are earning a commission on the tax, further questioning at what point this Township will draw the line on how much money they are willing to spend. Solicitor Bernathy said we are duty bound to enforce the ordinance that was passed. Mr. Pranski feels we should do away with the ordinance because it is costing too much money. Solicitor Bernathy said it can be repealed if the supervisors decide.

Mr. Pranski said at last months meeting it was stated that this board was notified of something only a few minutes before a town resident made a complaint against an officer of the Police Department and he finds it hard to believe. Solicitor Bernathy said we are not here to discuss the complaint against Police Department. Mr. Pranski said this is about the Township possibly getting sued again because of the inadequacy of the board. Solicitor Bernathy said this is about the police and complaints that he has and this is up to the Police Commission. Mr. Pranski wants to know why it was brought up before the board rather than the Commission and stated the resident happened to be the brother-in-law of one of the board members. Solicitor Bernathy said he has reviewed the record and he stated it needed to be brought up before the commission. Mr. Pranski questioned why it was stated that people have been stopped by the police and questioned about what was said at the Township meeting. Solicitor Bernathy said he does not believe those comments are in any way impactful on the running of the Police Department. Discussion followed. Solicitor Bernathy said Mr. Pranski has gone to the Commission and he knows that they are investigating this complaint. Supervisor Banach questioned whether Mr. Pranski does work for the Police Department, commenting that he has a vested interest in the department. Solicitor Bernathy said he sees that somebody is recording Mr. Pranski’s comments and they do not have the permission of the Township. Reporter, Beth Brelje said she is audio and video recording and she has the right to do that. Supervisor Flansburg addressed Mr. Pranski and said isn’t it safe to assume that they are here to listen to complaints just like they’re listening to his complaint. Stating that the resident did not want to go to the Commission however there were two Commission members sitting on the board that evening. Further discussion followed. Solicitor Bernathy asked if the public had anything further to comment on.

Mr. Jamros said two years ago he went to a Police Commission meeting and said his piece and they immediately went into executive session afterward. Vice-Chairman Fischer stated that was because they were scheduled for an executive session at the end of the meeting and that Mr. Jamros could asked for an agenda and he would have known that.

Ms. Babcock said she is submitting petitions to the board as she was instructed last month and that she would like to see them forwarded on. Supervisor Banach moved to send a letter to PennDOT. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.  Chairman Ewbank said since they are discussing Interstate 84 that he went to a meeting recently and for 24 months beginning January 2014 there’s going to be one lane of traffic on I 84 and both directions from New York to the Milford exit. Ms. Babcock said not before she gets her sound barriers. Discussion followed. Mr. Bostinto said that with regard to the bridge New York State owns 75% of that and PennDOT owns 25%. Chairman Ewbank said he was told NY owned 2/3 and PennDOT 1/3.

Steve Height said the last time he was here they were talked about the situation with his garage and he had the building inspector come up and found out they did not need a permit because the change did not involve a loadbearing wall. Supervisor Flansburg confirmed that was his understanding as well. Mr. Height said the second thing they needed to take care of was proving that the business had continued as a nonconforming use for the past several years. He has records going back to 2008 but not previously because the state doesn’t require him to keep earlier records. Solicitor Bernathy questioned if Mr. Height is asking for his business to be registered as a nonconforming use. Mr. Rendleman and Supervisor Banach both said he already is a nonconforming use. Solicitor Bernathy suggested that Mr. Height present his receipts to the board and that they will be reviewed.

Mr. Jamros that he felt there was something missing from the building when he observed on primary day people driving up and down Delaware drive passing the building with no idea what was going on and suggested the Township put in an illuminated sign notifying the public of meetings and special events.

Reginald Gardiner stated he lives next to Interstate 84 and if they’re going to do extra work and tear the barrier from the side of 84 the noise volume is going to be much worse than it currently is and he is requesting to have the full weight of the board behind the residents to request a sound barrier be installed. Vice-chairman Fischer suggests the weight of the public would probably be greater than the weight of the board. Mr. Jamros said he is not sure but he believed that sound barriers are a federal issue. Chairman Ewbank said we will send their petition out and see what can be done. Supervisor Banach that we will copy the County on the letter. Mr. Pranski asked if a sound study could be done saying he can hear the trucks going by from his home on Pennsylvania Avenue.

Marge Tonkin questioned if they’re going to repave I 84. Chairman Ewbank confirmed that. Mrs. Tonkin said she believes that once they pave there will be less noise. Discussion followed.

Mr. Jamros said he is extremely concerned about the lawsuit that has been filed from Mr. Lamac. Chairman Ewbank said they could not comment on that.

MINUTES: Minutes of the May 7, 2013 regular meeting were approved on a motion by Supervisor Flansburg. Motion is seconded by Supervisor Banach. Motion carries with all in favor.

TREASURER’s REPORT: Scott Myer gave the treasurer’s report for January through May stating that the majority of real estate tax has been collected and from the income standpoint were exactly where we should be. The same can be said for expenses. Mr. Meyer said things will be tight in December. Last week he met with new representatives from the Department of Community and Economic Development regarding the Act 47 plan. Discussion followed as to what benefits the Township receives from act 47. Mrs. Green said she spoke with Jonathon Hendrickson earlier in the day and he would like to schedule another meeting to possibly have the township removed from Act 47. Mr. Pranski questioned if the act 47 status affected our credit rating. Mrs. Green said she couldn’t answer that. Supervisor Banach moved to approve the treasurer’s report. Motion was seconded by Supervisor Melvin and carries with all in favor.

POLICE REPORT: Chief Stewart gave the report for May.  There were 220 calls for service and 5,516 miles patrolled for the month. Chief Stewart said this Friday they have a buckle up checkpoint at the bottom of  Cummins Hill and they have been working with the FBI and state police on robberies that have occurred over the last several years. Several arrests have been made. Supervisor Flansburg moved to accept the report. Motion is seconded by Supervisor Melvin and carries with all in favor.

FIRE DEPARTMENT: Luis Bocaletti gave the Westfall Township Fire Department Report for May reporting 3 automatic fire alarms, 7 motor vehicle accidents, 1 vehicle fires, 3 wires down, 3smoke investigations, 1 brush fire, 1 Haz Mat, 2 water rescues, 2 asst police, 2 public service, 1 stand by, 1 search and 4 mutual aid to scene for a total of 31 calls for the month. For EMS there were 44 calls for Westfall, 12 covering squad 33 and 5 covering squad 19 and 1 covering Blue Ridge. Mr. Bocaletti said they are having a golf outing on September 23rd and are looking for sponsors. Supervisor Banach moved to approve the report. Motion is seconded by Supervisor Flansburg and carries with all in favor.

HIGHWAY REPORT: Bill Schneider gave the report for May stating that they continue with equipment maintenance, the guide rails have been installed on Heaters Hill. Kiley Associates is working on the DEP permit. They are also doing work on Bluestone Boulevard. There was a tree down across wires on Phillips Lane. They’ve worked on compost site and maintenance on the Township grounds. He attended the road task force meeting and discussed work that is being done on Interstate 84. The crew painted the tunnel and attended a risk management strategy course for Roadmaster’ s and road crew of which material was supplied to the supervisors. Mr. Schneider said last month they discussed Fire Tower Road and he doesn’t believe it is going to work with the highway crew doing the work. Supervisor Flansburg asked what the price would be. When they were going to rent the roller it was approximately $4800. Discussion followed. Supervisor Banach suggested giving Mr. Schneider the authority to check things out with Leeward. Supervisor Flansburg moved to allow the Roadmaster to move forward. Motion is seconded by Supervisor Melvin and carries with all in favor.

BUILDING/ZONING REPORT: Michael Rendleman said there were five building permits and three zoning permits for the month of May with fees of $1630. In addition 24 of violation notices were sent out. Twenty three for signs and one for illegal storage. Vice-chairman Fischer moved to approve the report. Motion is seconded by Supervisor Melvin and carried with all in favor.

CORRESPONDENCE: On dais for review. Chairman Ewbank said we also have two letters from Chris Wood concerning the DEP and nitrate issues. Chairman Ewbank said there are House Bills and Senate Bills introduced to make this area exempt from the rules and regulations that DEP is trying to impose.

OLD BUSINESS: None

NEW BUSINESS:

Water Extension – Milford Water Authority: Chairman Ewbank said the Milford Water Authority would like to extend their waterline past Orange & Rockland to the Pierce building. Supervisor Flansburg questioned if they had permission to go as far as O & R. Mrs. Green said she believes they did request and receive permission. Supervisor Banach said he feels that the Township should pass an ordinance and receive monetary compensation for allowing them to come into the Township. Mr. Schneider said the Township should have representation on the Milford Water Authority. Rob Llewellyn said they need to inform the water authority that their fire hydrants do not conform to the configuration that was specified for the Matamoras Water Authority. Discussion followed. Mrs. Green questioned what she should relay to the water authority. There was the issue of drafting an ordinance, hydrant compatibility, hydrant maintenance, return consideration, rights-of-way questions, hydrant tax and a hydrant maintenance agreement. This item will be tabled.

Deputy Constable: Chairman Ewbank said during the primary the Constable that was filling in for Michael Barth was sent home without pay after being here for approximately 6 hours because he was told he was not a township resident. Chairman Ewbank said they need to come up with a Deputy Constable that is the Westfall Township resident to fill-in for Constable Barth when he cannot make it. Mr. Barth said there was never any concern in the past to have a constable who is not a resident but he will make sure he uses a resident in the future.

Change July Meeting Date: Supervisor Flansburg moved to change the meeting date to Tuesday, July 9, 2013 at 7 PM. Motion was seconded by supervisor Melvin and carries with all in favor.

Matamoras Rod & Gun Club – Amusement Tax: Chairman Ewbank said we have a letter from the Matamoras Rod & Gun Club regarding the amusement tax. They are requesting to pay a flat tax in the amount of $65 for the year as opposed to having to spend an immense amount of time with record keeping for such a small amount of money. Solicitor Bernathy said this would need to be referred to Berkheimer Associates. Further stating that as long as this was a correct representation of the amount of funds they would have to pay he has no problem with it. The Supervisors agreed that they also do not have a problem with this.

Resolution 2013-3 – Prevailing Wage Act of 1961: Mrs. Green said this resolution was sent from the Pennsylvania State Association of Township supervisors and she has just retyped it. This resolution would support the State raising the prevailing wage rate. Motion to accept the resolution made by Supervisor Melvin. Motion is seconded by Vice-chairman Fischer. Supervisor Banach abstained. Motion carried with four in favor and one abstention.

Sewage Malfunction – Mitchell 1036 Delaware Drive: Chairman Ewbank read a letter from Chris Wood explaining that he is working on a malfunction in which the new system would be less than 100 feet from the neighbors well. He is notifying the board prior to a waiver being requested. Supervisor Banach questioned if this would mean having to be responsible for having to drill a new well down the road.  

EXECUTIVE SESSION: Litigation – Kittatinny & Indian Head Canoes / William Lamac: Called at 9:17. Back in session 9:32.

SUBDIVISION REVIEW AND ACTION:

ADJOURNMENT: Meeting was adjourned at 9:32 p.m. on a motion by Supervisor Banach. Motion seconded by Supervisor Flansburg and carried with all in favor.

Respectfully Submitted,

Lisa A. Green, Secretary

Supervisors Minutes December 19, 2012

Westfall Township, Matamoras, PA

December 19, 2012

The Westfall Township Board of Supervisors held a Special meeting on Wednesday, December 19, 2012 at 7:00 PM. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Chairman, Robert Ewbank; Vice-chairman, Paul Fischer; Supervisors Raymond Banach and Robert Melvin; Solicitor, Robert Bernathy and Secretary, Lisa Green. Also present were Scott Myer, Bill Jamros, John Stieh, John & Tina Hess, Thomas Mincer, Scott Quinn, Beth Brelje, and seven members of the general public. Supervisor Larry Flansburg was not present.

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

PUBLIC COMMENT: Bill Jamros said he is in favor of the amusement tax however in his research he found that most municipalities were charging upwards of 5% and that 1% is very low. Solicitor Bernathy said that was noted during the hearing.

NEW BUSINESS:

Adopt 2013 Budget: Chairman Ewbank said we have resolution 2012-5 and 2012-6 for the purpose of adopting the 2013 budget.

Resolution 2012-5: Solicitor Bernathy read resolution 2012-5 fixing the millage rate for the 2013 budget year. Supervisor Melvin moved to adopt resolution 2012-5. Motion is seconded by Vice-chairman Fischer and carries with all in favor.

Resolution 2012-6: Solicitor Bernathy stated resolution 2012-6 is for the revenues and expenditures of the fiscal year 2013, the amounts shown on the attached 2013 Budget are hereby appropriated from the funds, equities, revenues, and other financing sources available for the year 2013 for the specific purposes set forth.

Supervisor Melvin moved to adopt resolution 2012-6. Motion is seconded by Supervisor Banach and carries with all in favor.

Set Pay Rate for Robert Howard $15.60 Per Hour: Supervisor Banach moved to approve the increase in salary for Robert Howard to $15.60 per hour. Vice-chairman Fischer asked what Mr. Howard is currently making. He is making $15 per hour. Motion is seconded by Supervisor Melvin and carries with all in favor. This pay increase will be effective January 1, 2013.

Hiring of full-time Highway Employee: Supervisor Melvin moved to hire Dick Mai from part time to full time effective January 1, 2013. This will include all full-time benefits as set forth in Westfall Township employee policy manual. Motion is seconded by Supervisor Banach and carries with all in favor.

Berkheimer Associates Resolutions: Chairman Ewbank said we have four resolutions from Berkheimer Associates for the collection of the Amusement Tax. These have all been reviewed by our solicitor and found to be acceptable. Supervisor Banach questioned if the two-year term is standard, and asked if we found the Amusement Tax was not beneficial for us and we backed out would we be penalized by Berkheimer. Solicitor Bernathy said there are provisions in there for placing either party on notice; however this is a two-year contract unless there’s cause. Solicitor Bernathy further stated part of the resolution is the contract which is on the agenda and he is going task that the contract be subject to his review as there are a few things in the contract that he would like to bring to the supervisors attention. Supervisor Melvin moved to approve the four following resolutions. Motion is seconded by Vice-chairman Fischer and carries with all in favor.

Resolution 2012-7 Approved

Resolution 2012-8 Approved

Resolution 2012-9 Approved

Resolution 2012-10 Approved

Berkheimer Associates Agreement: Chairman Ewbank said that we have an agreement from Berkheimer for the collection of the Amusement Tax. Solicitor Bernathy asked to make that subject to his review. Vice-chairman Fischer said he is not clear on the answer to the question raised by Supervisor Banach regarding the two-year term. Solicitor Bernathy said there are a number of things in the agreement that need to be addressed. One being parent authority by execution of the agreement, meaning they have settlement authority to resolve accounts in court. There is also jurisdictional concern and concern of the two-year term. Lastly they referred to approving their rules and regulations and Solicitor Bernathy does not know what they are.  Solicitor Bernathy said with those four changes the board can approve the agreement. Supervisor Banach moved to approve the agreement subject to solicitor Bernathy’s review and with the stated changes. Motion is seconded by Supervisor Melvin and carries with all in favor.

Review Zoning as per Signage – Off Site Signs – Size Limits: Mrs. Green said Supervisor Flansburg had asked to place this on the agenda and the board members each have a copy of the sign section of the zoning ordinance. Supervisor Melvin questioned if it would make sense for the board to review the information because there is concern from some of the businesses in town. Supervisor Banach said we need to review the sign information and hold a workshop to discuss the changes so they can be done all at one time. For example the Home Depot needs a sign and our sign ordinance is very restrictive. Supervisor Melvin said one thing that he has heard from Home Depot is that they have the signage from Interstate 84 but no one knows where they’re located off the Interstate. Supervisor Melvin said the last thing that anyone wants is for Home Depot to lose money and go out of business and the Township to have a big box store that sitting vacant. Further stating that he wants to make sure that those businesses can advertise and thrive. Supervisor Banach said we need to have a workshop in order to talk about that and get with the zoning officer. Further commenting that Phantom Fireworks just had a zoning hearing to get signs approved and they had to pay several hundred dollars for an exception. This item will be tabled until January 7, 2013 when we can schedule a workshop meeting to discuss it.

DVSD – Salt / Antiskid: Supervisor Banach said that this came about when he spoke to Bill Schneider. Further stating that he just signed the bills for the month and we are losing money. Supervisor Banach said a previous supervisor made a deal with the school district to allow them to get winter material from us and their maintenance workers come to the township garage use our backhoe and load their truck’s with our antiskid for the school. Supervisor Banach said if he falls it could be a lawsuit. Mrs. Green asked what is the difference between a yard and a ton because we are billing them per yard but we get billed per ton. Discussion followed. Supervisor Banach feels this is a practice that we should disband. Supervisor Melvin asked if this is because the school district does not have their own facility to store it. Vice-chairman Fischer suggested our road crew load it for them. Solicitor Bernathy said a non-township employee should not be operating our equipment and we need to take action on that. There’s also the disparity between what we are paying and what we are charging. Further discussion followed. Mrs. Green will call Marvin Eversdyke, Director of Support Services for the school district in the morning. Mr. Jamros said as a taxpayer he pays school tax and Township tax and questioned why is the school district taking anything from the Township. Solicitor Bernathy said sometimes there are inter-governmental cooperative agreements. In this case a stop will be put to it immediately.

Letter for Sales Tax: Supervisor Banach said he feels we should get the ball rolling again on the County sales tax. Thomas Mincer said that issue has been raised at the Supervisors convention a few years ago and as long as it was directed on the municipal level to reduce property taxes everyone seemed to be in favor of that but it died. Mr. Mincer said the county was supposed to get half and the municipality would get half and he feels if we send a letter to every Township and Borough in the County that a lot of municipalities would get behind us. Mr. Mincer said he is on the board at Dingman Township and if we send them a letter he will make sure we get their support.

SUBDIVISION REVIEW AND ACTION:

Smokers Choice: Representatives – Attorney, Thomas Mincer

Engineer, Scott Quinn – McGoey, Hauser and Edsall

Owner, Doug Nolan

Solicitor Bernathy acknowledged that we have counsel here for Smokers Choice and gave the Supervisors some background by stating that the record should reflect that the application for land development as well as for the lot improvement has been reviewed first by the Office of Community Planning and they have no adverse comments and find that the plan as submitted is consistent with the Pike County Comprehensive Plan update and municipal ordinances. The record should also reflect that the application has been reviewed by the Pike County Conservation District. They have determined that the plan is adequate and valid for two years from the date of issuance to address erosion and sediment pollution control. It meets compliance with DEP rules and regulations. The record should also reflect that the application has been reviewed by the Township Engineer, Kiley Associates and the comments as contained in the October 22, 2012 letter have been addressed in the plan that is pending before the Supervisors. Finally and most importantly the board has a letter before them from the Westfall Township Planning Commission that indicates a motion was made with two members in favor and two abstentions with one member absent on October 23, 2012 to recommend approval of the application with the conditions that there is adequate water and sewer, that a Lot Combination Deed be submitted, the Township Engineers comments of October 22, 2012 be addressed and finally approval from the Pike County Conservation District.  Solicitor Bernathy said sitting in with Planning on this review that Planning did its best under the circumstances to ask for alternatives for purposes of ingress and egress as far as the adjacent streets are concerned. They did ask and did receive through the applicant from PennDOT their note that they would not consider one of the existing accesses on Route 6 and 209 as anything other than an exit. Planning did consider that, hoping that maybe that would be an entrance and exit however PennDOT representative Kevin Miluszusky said PennDOT was not interested in allowing an entrance to that property off of Route 6 & 209. Again that review came from planning’s concerns about the impact that that would have on adjacent residential areas. The plan that’s presented to the board now has an exit onto US Route 6 and James St. and away from Elizabeth Street. Other than that it is up for the boards review and consideration.

Attorney Mincer said he is here on behalf of the applicant and he has two witnesses to call. Attorney Stieh asked to be granted standing on behalf of Mr. and Mrs. Hess. Solicitor Bernathy replied that as the Hess’s are adjacent property owners they have standing. Attorney Mincer called Scott Quinn as his first witness. Mr. Quinn brought plans to the Supervisors for their review, stating that the first sheet shows the existing conditions and that this is a lot combination. Four existing lots will be consolidated and the applicant owns all four properties. Supervisor Melvin questioned if this is where the brown house is located and if it will remain. Solicitor Bernathy said that is where the brown house is located but it will not remain and the supervisors will be shown from the plans what to expect. Mr. Quinn said the future plan shows there will be one entrance going in across from the Hess residence and they will be maintaining the existing exit off of Route 6. Solicitor Bernathy said currently the exit is coming out onto Elizabeth Street and lights are shining into the Hess’s house and planning did not want there to be an exit onto Elizabeth Street. Attorney Stieh said there are no headlights shining into their house and disputed where the exit was. For purposes of order Attorney Mincer requested to continue questioning his witness and then allowing Attorney Stieh to do the same. Mr. Quinn and Attorney Mincer reviewed the plans with the supervisors showing the current conditions and the proposed plan. Mr. Quinn spoke of the two drive thru windows that they are proposing and stated the furthest car from Elizabeth Street is about 190 feet. Vice-chairman Fischer questioned if there is a simple way to prevent cars from exiting onto Elizabeth Street. Mr. Quinn answered that they have limited the width of the entrance for the purpose of restricting it to an entrance only and will place curbing & signage off Elizabeth Street. Attorney Mincer said this is one of the agreements the applicant made was to restrict that drive to entrance only. Attorney Mincer asked that the map and everything that has been recorded be made part of the record. Attorney Mincer asked Mr. Quinn if he received technical comments from the Township engineer and whether he has met or exceeded all of those comments. Mr. Quinn said he did receive technical comments and they have been addressed. Attorney Mincer asked if the plans that have been provided for tonight are the final plans. Mr. Quinn said that is correct. Attorney Mincer asked if these plans meet all of the zoning and planning ordinances. Mr. Quinn said yes. Attorney Mincer asked if the applicant has met or exceeded all of the screening requirements. Mr. Quinn answered yes they do. Attorney Mincer asked if there will be better handicap access to the building and handicap parking. Mr. Quinn answered yes that is correct. Attorney Mincer questioned if parking and traffic flows with the new plan will be safer and superior than the traffic flows that currently exist. Mr. Quinn answered yes. Attorney Mincer questioned if PennDOT has made it very clear that there would be no entrance off of Route 6. Mr. Quinn answered that is correct. Attorney Mincer asked if there has to be an alternate entrance. Mr. Quinn answered yes. Attorney Mincer asked if the current entrance onto Elizabeth Street is an entrance and an exit. Mr. Quinn answered yes. Attorney Mincer questioned if that will be restricted to only an entrance now and there will be no headlights coming the other way. Mr. Quinn answered that is correct. Attorney Mincer questioned if James Street is currently an exit and an entrance. Mr. Quinn answered James Street is not a part of the existing plan. Attorney Mincer questioned who owns the properties on the other side of James Street. Mr. Quinn answered the fireworks store. Attorney mincer asked if there were only commercial properties there. Mr. Quinn said that is correct. Attorney Mincer questioned if the zone is appropriate for the use. Mr. Quinn answered yes. Attorney Mincer asked if there were any objections from the Township Planning Commission or the Township Engineer as to any portion of the project. Mr. Quinn answered not to his knowledge. Attorney Mincer said he has no further questions of Mr. Quinn.

Attorney Stieh asked Mr. Quinn if there was anything in the Township ordinance that required an entrance off of Elizabeth Street. Mr. Quinn answered not to his knowledge no. Attorney Stieh questioned if the Township chose not to approve this plan you could still acquire access off of James Street and have both an access and an exit off of James Street and not interfere with the Hess’s property. Mr. Quinn said they looked at just that and it just doesn’t work with this building with the drive thru windows. Attorney Stieh said if you change the configuration of the building you could have access off of James Street isn’t that correct. Mr. Quinn said not with this building. Attorney Stieh questioned if there is a problem with the building or a problem with the parking as it is laid out. Mr. Quinn said he doesn’t understand the question. Attorney Stieh said suppose you move the entrance off of James Street to the south you could still have your drive-in going into the drive-in window couldn’t you. And you can have an exit on Route 6 couldn’t you? Mr. Quinn said possibly. Attorney Stieh said you could have traffic circulation for an exit off of James Street. Mr. Quinn said you couldn’t still have two way traffic off of James Street. Attorney Stieh questioned what Mr. Quinn had up in the front. Mr. Quinn said there is a 30 foot setback to the property line. Attorney Stieh questioned if there is any prohibition to having a driveway there. Mr. Quinn said not to his knowledge. Attorney Stieh stated they could have a driveway across the front of the property have traffic circulate in and out of James Street go through the drive in and not interfere with the use of the Hess’ property on Elizabeth Street. Chairman Ewbank said the only problem he sees with that is the traffic would be going backwards from the way the building is designed. Attorney Stieh said he would have to circulate around. Supervisor Banach said you probably could not have a driveway in the state right-of-way. Attorney Stieh questioned how close a certain parking spot was to the property line. Mr. Quinn answered approximately four to five feet. Attorney Stieh questioned the side yard setback. Mr. Quinn said the back yard setback is 20 feet and each of the three sides must be considered a front yard setback. Attorney Stieh asked if Mr. Quinn looked that section 505.202 of the SALDO which says ‘the total lot area shall be sufficient to provide adequate space for required yards, proposed buildings, off street parking and loading, landscaping, sewer and water systems, and other facilities. And a. Each lot or area plotted for industrial and/or commercial use shall provide, inside of the required yards, an area at least equal to the projected horizontal area of the proposed building, plus such additional area as is required for parking.’ Attorney Stieh said this parking is in fact in the setback. Supervisor Melvin questioned the equation. Attorney Stieh said there was no equation. And reread section 505.202 a. of the SALDO. Plans were reviewed. Solicitor Bernathy said additionally the board needs to note that this is an pre-existing business that has been there for some time and as far as setbacks are concerned you can tell by the pre-existing drawings those setbacks as far as applicability is concerned are superseded by the fact that this is a pre-existing business. So as far as setbacks are concerned you need to take into consideration that this is not an undeveloped parcel and rather this is a parcel that is pre-existing and we have close proximity to US Route 6 and Elizabeth St. so you need to take that into consideration. And of course that business is going to be demolished. Attorney Stieh said this is not a prior nonconforming use. Solicitor Bernathy said it is a pre-existing use and that is exactly what it is and as far as Attorney Stieh’s position is concerned it is a pre-existing use and the setbacks as applicable are already, using your argument, being violated by the conditions of the property. And that is the whole idea behind an existing pre-existing use. Attorney Stieh said this is a new development proposal. Solicitor Bernathy said you have a pre-existing business with the pre-existing footprint and pre-existing parking. Attorney Stieh said that this building is not being built on the same footprint. Solicitor Bernathy said it does not matter it is the parking as it exists now, just so the supervisors are aware. Further stating the attorneys have both made their points. Attorney Stieh questioned if there has been a traffic study done to review the impact of this proposal on the neighborhood. Solicitor Bernathy said there has not been a formal traffic study done. Attorney Stieh questioned if there has been any determination made by anybody other than the applicant’s engineer that this does not constitute a hazard to traffic. Solicitor Bernathy said yes by the Township engineer and he referred to his letter which is the October 22, 2012 letter from Kiley Associates. And if there were they would bring it to the Supervisors attention so therefore it is not an issue. Attorney Stieh questioned how Solicitor Bernathy knows it is not an issue. Solicitor Bernathy answered if it were an issue it would be in his letter. Attorney Stieh questioned what has been done to ensure that there will be no conflicts with homes. Mr. Quinn said he believes they will be making a better situation than what is existing there now by making the building setback further from the home, making the window further from the home, by providing additional stacking that is provided by this plan, and they are taking measures to prevent people from exiting onto Elizabeth Street. Attorney Stieh questioned if he is correct in that the traffic will now pass their clients home and then turn into the store which does not do that now. Mr. Quinn said they can come from Elizabeth Street and also from James Street. Attorney Stieh said that amplifies his point that there is no need for an entrance off of Elizabeth St. Mr. Quinn said that is not correct. Attorney Stieh said his clients’ home is directly across the street from the entrance to the store and questioned if Mr. Quinn knew how long the Hess’s have owned their home. Mr. Quinn said he didn’t know. Supervisor Banach questioned if all of these lots that are being incorporated are in the commercial zone not residential. Mr. Quinn answered yes they are all commercial. Supervisor Banach asked the Hess’s is if their property was in a commercial zone. Mrs. Hess answered neighborhood commercial. Attorney Stieh asked if the lots are nonconforming lots. Mr. Quinn answered it is an existing nonconforming lot combining four lots to make it closer to the requirement it will be just over an acre. Attorney Stieh said that correspondence reflects that is a nonconforming lot. Mr. Quinn answered it is an existing nonconforming use and building but the proposed building was laid out to be conforming with all setbacks. Attorney Stieh questioned what the applicant is going to do to prevent traffic from exiting onto Elizabeth Street. Mr. Quinn said they’ve taken a number of measures to try to prevent people from exiting. They’re installing curbing and signage showing one way and have narrowed the entrance. Attorney Stieh said they have done nothing to create traffic devices to preclude cars from going through there such as tire deflating devices. Mr. Quinn said no they have not. Attorney Stieh said then cars will be able to pull out there if they choose to do so. Mr. Quinn said that is possible. Attorney Stieh questioned if there is anything in connection with this application where the Township is passing an ordinance dealing with traffic signage and enforcement of it. Mr. Quinn said no. Attorney Stieh questioned what the enforcement is. Mr. Quinn answered it would be up to the applicant. Attorney Stieh questioned if Mr. Quinn was the applicant and he saw somebody going out of the entrance onto Elizabeth Street what would he do. Attorney Mincer said he is not the applicant he’s the engineer and he believes that everybody understands Attorney Stieh’s point. Supervisor Banach questioned if these matters were before the planning board. Solicitor Bernathy answered yes over a period of several meetings that were well attended where the Hess’s were present and participated actively and planning tried to answer all of their questions and work with them. Further stating these are not new issues these are issues that were kicked around and discussed somewhat at length. Supervisor Banach asked if there were any concessions made. Mr. Quinn answered there were many concessions. Moving the building as far away as they could within the setback line, the signage, the curbing, the screening, fencing. Solicitor Bernathy said he does not believe the type of fencing that is on the plan was required however the applicant agreed as part of the approval process to install that to create a buffer from the adjacent parcel and the house that is existing there. Supervisor Banach questioned the landscaping plan to create a buffer between the store and the Hess’s. Further questioning the lighting which Mr. Quinn answered was addressed. Solicitor Bernathy said that was asked of planning, and the question is whether the plan as presented is going to cut down on traffic that’s going to appear on the adjacent street. Mr. Quinn answered yes because now it will be entrance only. Mr. Quinn showed the board the landscaping and lighting plans. Solicitor Bernathy said the woman that lives adjacent to the parcel on lot 17 attended the planning board meetings and requested fencing and she was satisfied with that. Supervisor Banach suggested sidewalks down the side of the property for future planning and questioned the storm water basins. Supervisor Melvin questioned if a drive thru entrance sign could be placed along with the main entrance sign to cut back on the traffic flow on Elizabeth Street. Attorney Mincer questioned Mr. Quinn if the Township has any authority to close down an existing access. Mr. Quinn said not that he is aware of. Attorney Mincer said they’ve voluntarily agreed to an entrance only to cut down on the traffic flow and will voluntarily place the signs. Attorney Mincer said there was a question regarding a sidewalk on the side of the property and the applicant has agreed to it as long as the Township engineer agrees that it is safe. Bonding was proposed. Attorney Stieh asked about section 505.301 which states ‘traffic movements in and out of commercial and industrial areas should not interfere with external traffic, nor should it create hazards for adjacent residential areas.’ Questioning what traffic study has been done to determine whether or not there would be any hazard. Attorney Mincer said it has already been noted that no traffic study was done. Attorney Stieh said he believes it is up to the supervisors to determine whether a traffic study is required. Solicitor Bernathy said it is not necessary under these conditions. Attorney Mincer asked if the Township engineer required a traffic study. Mr. Quinn said he did not. Attorney Mincer asked if the Township engineer had any questions regarding the SALDO and their reviews. Mr. Quinn said no there were no further questions as Mr. Stieh has raised. Attorney Mincer asked if the Township engineer made any recommendations as to the existing blacktop as regards to setback on the property. Mr. Quinn stated he had no concerns. Attorney Mincer said he noticed there was no technical review or comment where this has violated any zoning ordinance and in fact they are hoping by this plan to alleviate potential traffic issues. Mr. Quinn answered yes. Attorney Mincer asked if with the money available they have done everything possible to try to make this a safe to the community as possible. Further questioning if the fencing was planned to put the non-permeable light fence in to keep light away from the other side. Attorney Mincer said the Supervisors have now requested a sidewalk along the side of the property as long as the Township engineer says it can be done for safety purposes and questioned Mr. Quinn if he would assist the applicant in doing so. Mr. Quinn answered yes.

Attorney Mincer asked if there were any other concerns that anybody brought up from the Township or the Township zoning officer or other property owners regarding the project. Mr. Quinn answered not to his knowledge. Attorney Mincer had no further questions. Attorney Stieh asked if Mr. Quinn has ever been involved with a situation where the engineer has overlooked something. Mr. Quinn said he does not disagree with that. Attorney Stieh said just because the Township engineer did not raise the issue of the traffic study… Mr. Quinn said it was talked about and determined that it was not warranted. Attorney Mincer asked to make a brief statement to the board stating the plans as presented have been studied and reviewed by all Township officials including the Township Engineer and the Solicitor and the applicant has done everything the Township has asked him to do. The Township does not have the authority to tell them you have to shut the entrance down, further stating it is an existing access way and he could’ve left it both ways however in an attempt to try to accommodate one of the neighbors he has limited that to one-way traffic. It is possible that people are going to violate the signage but the applicant has done everything humanly possible and it will be a much better situation than is there currently. They created a second in and out off of James Street to alleviate some of the traffic. PennDOT will not let them do anything else on Route 6. Attorney Mincer said the applicant has gone above and beyond on a permitted use to be a good neighbor as possible, pointing out that there is a fireworks store right next to the building and the gas station is two buildings down. The majority of property straight up-and-down is commercial in a neighborhood commercial District. They are trying to be at good neighbor and that there will be a more aesthetically pleasing building for the neighborhood. It will be better from the standpoint of lighting and they have met or exceeded every single requirement. Attorney Mincer said Attorney Stieh wants to bring these issues up now and the time for that would’ve been long before when it was in the planning process. The applicant has done everything possible with the exception of closing down the access. Attorney Mincer asked the board to approve this tonight so that they could move forward with the project.

Attorney Stieh said this has been the Hess’s home for 40 years it was a residential neighborhood when they moved in there. The zone was created as a C-1 neighborhood commercial zone, not a C-2 or C-3. The idea the neighborhood commercial District was to create a reasonable interface between the commercial use and residential use. In the zoning ordinance it says the objective of that zone is to avoid intensive commercial uses that are most likely to conflict with the scenic rural character and most likely to cause conflicts with homes and to provide for smaller scale uses that will not be intrusive; to carefully locate commercial areas and commercial driveways and minimize traffic safety congestion problems along the roads. Mr. and Mrs. Hess do not have a traffic congestion problem by their property now. This project Attorney Stieh submits will create that and that will be contrary to the intent of the zoning ordinance. Attorney Stieh further states that the SALDO speaks in several places about the need to look to and be careful about traffic hazards. Attorney Stieh states there is nothing in the world that says they have to have the access off of Elizabeth Street. There is nothing that requires that. It is a matter of their choice and desire and they have to prove that it does not cause a traffic hazard as the SALDO talks about in section 505. The ordinance also speaks to when a traffic impact study is required. Attorney Stieh said that is exactly what they’re asking the board to do is to look at a traffic impact study. Because the applicant has not done so does not mean it’s correct or follows the black letter of the law. Attorney Stieh said this also comes forward without the support of the planning commission because it only had a two member out of five member vote in favor and if he remembers the law correctly that would be a no vote. Attorney Stieh asked that the board would please give consideration to the Hess’s home which has been there for 40 years.

Attorney Mincer said Attorney Stieh made an incorrect statement that out of a five member board the planning commission had two that voted affirmatively and two that abstained and one member was absent. That is not a no vote. Solicitor Bernathy said both attorneys know that the planning commission is a recommending body and asked to move on. Further discussion was held.

Mr. Hess said everybody that comes before the board promises the world and they are saying that they will be better off however he does not feel he’s going to have less traffic down there. Attorney Mincer said now was not the time for this the time for this would’ve been three months ago when I was up planning stage.

Mrs. Hess said she brought this up several times during the planning stage.

Attorney Stieh said this is the first time this public hearing has been before the supervisors and more importantly it is the time for the supervisors to hear the applicant and to hear his clients’ position. Attorney Mincer said that is why they have the planning commission and asked that the board takes action tonight to move this project along this evening.

Solicitor Bernathy said he notes the general extensions granted by the applicant and as far as the traffic study is concerned that is only if required. It is discretionary and you have the opinion of the Township engineer stating it is not required. It is a pre-existing and arguably nonconforming use as it relates to setbacks. There is no record of an existing traffic problem and as far as this creating additional problems you would be engaged in speculation. The record should reflect this being less impactful on Elizabeth Street currently proposed rather than more impactful. If the board desires they could request a traffic study however it was not recommended by the planning commission, the Township engineer, or at Pike County Planning Commission. However the board has options. It could be approved with conditions, it could be denied and those are some of the options the board has at this time.

Supervisor Banach said he believes this to be an asset and with the driveway being all the way down there will be less people backing up onto Route 6 and 209. Mrs. Hess said there’s not going to be any signs or curbing that’s going to stop them. Supervisor Banach asked if there would be a maintenance agreement going along with this project. Solicitor Bernathy said the applicant would be required to have all the signs as stated on the plan and if they do not they would not be in compliance and would get a violation notice from the Township. Mrs. Hess asked who would enforce the traffic. The board answered the Township would enforce the signage but not the traffic. Chairman Ewbank said everything is designed to keep people from exiting onto Elizabeth Street. Further discussion followed. Mrs. Hess questioned where they were going to put the snow. Supervisor Banach questioned Mr. Quinn if the whole area in the right-of-way will be put back to grass and they can use that for snow removal. Further stating the sidewalk there would alleviate parking on the road.

Supervisor Banach moved to approve the Smokers Choice land development and Lot Combination with the following conditions: 1) Water and sewer adequacy 2) Lot Combination Recorded Deed 3)  Comments from October 22, 2012 Township Engineer letter 4)  Approval from Pike County Conservation District 5) Shrubbery added and 6) Sidewalks as agreed with Township engineer. Motion is seconded by Vice-chairman Fischer and carries with all in favor.

ADJOURNMENT: The special meeting adjourned at 8:26 pm on a motion by Supervisor Banach.  Motion is seconded by Vice-chairman Fischer and carries with all in favor.

Respectfully submitted,

Lisa A. Green, Secretary

Supervisors Minutes Regular Meeting June 5, 2012

Westfall Township,Matamoras, PA

June 5, 2012

The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, June 5, 2012 at 7:35 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; Bill Schneider, Luis Bocaletti, Ann Marie Catalano, Chad Stewart, Jay Edwards, Bob Bostinto, Karl Flail, Walter Van Beers, Valerie Pedone, Mary Smith, Dr. & Mrs. Waldman, Mr. & Mrs. Robert DiLorenzo, Don Quick, Jolie DeFeis, and approximately 27 members of the general public.

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

Chairman Ewbank stated executive sessions were held on May 8, 2012 for personnel, May 10, 2012 for real estate, May 30, 2012 for litigation and tonight prior to the meeting for the purpose of litigation. Supervisor Banach said just so the public knows they met with BIU on May 8th to review their fee schedule and contract, they met with the Municipal Authority on May 10th to discuss the sale of the Sewer Authority, and May 30th was litigation that the supervisors had to discuss. Supervisor Banach expressed to the public that the board is not trying to hide anything.

PUBLIC COMMENT: Dr. Albert Waldman said last week we went through the exercise of approving the fireworks display and he knows that people and animals from miles around were disturbed by those fireworks. He feels this should never be repeated.

Chairman Ewbank said he was not at the special meeting for that and asked what was resolved.

Dr. Waldman said having fireworks is one thing and we probably aired in making an assumption on thinking we were having fireworks but we had 8 and 9 inch shells. Supervisor Flansburg said the last thing Mr. Ryan said to him was they were going to try to scale it down to 4 inch shells and apparently that didn’t happen. Supervisor Flansburg thanked Dr. Waldman for his comments.

Robert DiLorenzo is a Foster Hill resident in Milford Township. He stated his concern is the safety on the road and the vehicles that travel it. Saturday he encountered a truck driver driving in the middle of the road carrying the Bulls for the rodeo. He said there are also the delivery trucks that come and go. Supervisor Flansburg asked how many people were there. The residents said between 1,500 and 2,000 people. Chairman Ewbank commented that Foster Hill was a Milford Township Road. Mr. DiLorenzo said part of it is and part of it is a State road. Supervisor Flansburg asked if Mr. Quick would like to chime in since he is the Chairman of Milford Township Board of Supervisors. Mr. Quick said the entity itself Malibu Dude Ranch is inWestfallTownshipbut that there are only a few Westfall Township houses that are affected. The rest are inMilfordTownship. Mr. Quick said they had their meeting last night and there were a number of people in attendance. For the record fromW. Harford St.all the way to the top is a PennDOT road and they do not have the road trimmed back in any way shape or form. Mr. Quick said they are not opposed toMalibubeing a successful business but he doesn’t know if the rodeo presents a conditional use application before the planning commission.

Solicitor Bernathy asked to give some assurances to the public regarding the fireworks display of which the Supervisors had a public meeting about on May 22, 2012. Solicitor Bernathy read from his letter of May 10, 2012 to Mr. Robert Nast of Interstate Fireworks listing the seven requirements his company needed to meet prior to hosting this event. Solicitor Bernathy went on to say the supervisors were concerned about safety. This event was regulated. Mr. Quick said he does not dispute that at all and he is not criticizingWestfallTownship, saying that by and large the traffic going by was uneventful. However the impact appears to be the large trucks for various deliveries as well as one ton pickups that are pulling horse trailers and such. Mr. Quick asked forWestfallTownshipto write a letter to PennDOT asking them to trim back the trees on the state portion of the highway.

Solicitor Bernathy said he was born and raised in this area and has been riding horses at the Malibu Dude Ranch since the 1960s when he was eight years old which predates any zoning ordinance the Township ever had. So he wants people to know that we need to look into the conditional use issue. Mr. Quick said this is not an adversarial conversation. He wants to see how they could grow their business but not at the Township’s expense. Chairman Ewbank wished him luck at trying to get PennDOT to trim the trees, stating they don’t cut them in Westfall either. Supervisor Banach asked Bill Schneider if at the road task force meeting he could mention the trimming of the trees and also said since Foster Hill Rd. is a narrow road that possibly Malibu could schedule their deliveries at night to alleviate some of the problem.

Carmen Williams who lives on Foster Hill Roadsaid they have no objection to the Malibu Dude Ranch that it is a wonderful business however they are concerned about the amount of traffic that comes up and down the street at a fast rate. Ms. Williams said the rodeo is starting Memorial Day weekend through the end of the summer every weekend and the residents have to be exposed to it. What they’re asking is that they house the Bulls up at Malibu with the Cowboys or limit the amount of rodeos that they have. Mary Smith said she lives right by the Malibu Ranch and there were over 100 horse trailers that came up and down all day Saturday. She says that it is not so much the deliveries with the soda trucks. Further stating that she just had a fire at her home and she could’ve lost her house if it caught on fire about half an hour later because they had dump trucks and delivery trucks at the same time. Mrs. Smith said if this is going to happen every weekend she is going to have to move. Supervisor Fischer asked if the dump trucks are a steady thing up there. Mrs. Smith said they’ve been there for a year and a half. Mrs. DiLorenzo said it appears as though they’re trying to sneak something and furthermore did they have to apply for a conditional use to have the rodeo up there every weekend. Solicitor Bernathy said that is something that he needs to look into. Because he is not sure what control they have over the ingress and egress over that property. The supervisors can regulate uses if in fact it is a conditional use but you have to be careful about off premise regulation. What we can understand is the impact that has on the road that is the only artery to that property which has been pre-existing for very long period of time. So there are some hurdles. The question is what has been in existence for a long period of time. Is it just a stable did they have other functions up there and for how long those facts have not been determined yet. Mrs. DiLorenzo said it is affecting her quality of life she is afraid for her children on that road, she is afraid for her husband being run off the road by people speeding. Solicitor Bernathy questioned if there’s ever been police presence there. Mrs. DiLorenzo said they have to call the state police because it is a state road. Mr. DiLorenzo said although there is not much that can be done about the road there are safety conditions that must be addressed. Don quick stated that Mr. DiLorenzo is speaking as an individual. Solicitor Bernathy stated he also knows that Mr. DiLorenzo is the code enforcement officer for other townships and lives in the affected area.

Valerie Pedone asked if there is a noise ordinance in Westfall. Mrs. Pedone with stating there are issues during the rodeos with the loudspeakers. Solicitor Bernathy said that we may need to get the history of this property he said we need to use Mike Rendleman our zoning officer to investigate this property and get a position on it within a reasonable period of time. Solicitor Bernathy said that the Township needs 30 days to investigate. The public was not pleased that three or four rodeos would go by within that time. Mr. Rendleman said his office hours are Tuesday and Wednesday evenings between 5:00 – 7:00 PM. Mrs. Smith said for the last 20 years that she’s lived up there the old owner had four rodeos per year that were guest participation rodeos. They were held on the following four holidays: Memorial Day, July 4th, Labor Day, and Columbus Day. Mrs. Pedone said they were ecstatic when Doc Detweiler bought the property and when the fireworks went off while they could think was where were the supervisors? Supervisor Flansburg said he heard them from his house. An unnamed resident said it was like an assault. It was horrible there were stampeding horses out of their minds freaked out and it was dangerous. She said she is begging the supervisors never to let this happen again. Supervisor Flansburg said as far as he’s concerned this was a one-time deal. Dr. Waldman said the rodeos up there before were like kiddie rodeos and these are sanctioned American Rodeo Association business rodeos. Dr. Waldman said the tickets are $20 a person and $15 for children it is on their brochure. Mrs. Waldman asked if Mr. Nast who was performing the fireworks show met all of the requirements that they were supposed to meet. And who pays for all of the public services. Solicitor Bernathy says Malibu Dude Ranch pays taxes just like everybody else. Mrs. Waldman said number one they have loudspeakers that go all away down foster held that you can hear and they have huge buses not little buses and when Mrs. Smith had her fire at our house Doc Detweiler was upset because his buses were delayed by the fire trucks. So does it take the month and four more rodeos? Solicitor Bernathy said all we can do is determine if this is a conditional use and attach conditions if it is in fact a conditional use. We need to investigate and 30 days is a reasonable period of time. Bob Bostinto asked if there was any restriction on the individual homeowners to have discussions with Malibu Dude Ranch themselves. Solicitor Bernathy said there are no restrictions against that at all. Further discussion followed. Chairman Ewbank said they received an unsigned complaint which is not worth the paper it’s written on. Further stating that if someone wants to us send a complaint they need to sign the letter and put their name on.

Ann Marie Catalano from Milford landing wanted to talk to the board about Taco Bell where there is a large mound of dirt on the property. Mrs. Catalano said you can’t see in either direction at the intersection coming in and going around the dirt pile, stating there is a big problem. Mrs. Catalano said she went out and asked them to move the dirt pile herself and they did move the pile some. Mrs. Catalano also stated there is a missing a stop sign by McDonald’s and Wal Mart. The only stop sign is by the Milford landing side. Chairman Ewbank said he understands the problem however those are private roads and we have no control over any of those roads. Supervisor Banach said however we could have the secretary look at the agreement to the land development to see what signs are supposed to be there and send a letter to have the signs put back up. Solicitor Bernathy said he’s spoken to the police department about policing that area as well. Discussion followed. Chief Stewart said they should be able to enforce the stop signs there because it is commercial property and as long as it meets Penn DOT regulations. Mrs. Catalano asked if there was any other business coming on that Taco Bell property. Chairman Ewbank said he heard there was a bank but we have no plans. Supervisor Banach told Mrs. Catalano that the secretary was going to contact the contractor and request that they move the dirt pile.

John Graef who lives in Crawford Hill Estates, President of the Homeowners Association is here about the potential gas line disruption of Cummins Hill road. The neighbors have compiled a dossier of letters, maps and figures etc. Mr. Graef said he has a wife with severe asthma and if he has to get an ambulance to her and they have to travel all through Mill Rift it is quite a distance to go. Jolie DeFeis wants to know why we are allowing them to re-create the seven mile detour why can’t we appeal it. Questioning why can’t we have them go the one-mile that’s already there. Mrs. DeFeis said they have people that are ready to fight. Chairman Ewbank said their worst enemy in all of this is the Superintendent of the National Park Service John Donohue. Mrs. DeFeis said she understands that but he is only one person. The latest information from Tom Marino’s office is the reason that John Donohue is not allowing it to go through is the commission has found the possible presence of the Federally Listed Endangered Dwarf Wedge Mussel. Supervisor Flansburg said “let’s cut to the chase because we know what you’re here for, what do you want from us.” Mr. Flail said they want the supervisors to take a position on this. Tracy Hoffman said they have to find out if we have any endangered species in our neck of the woods and they have until June 27, 2012 to make an appeal. Ms. Hoffman said the real question as to gas lines that we have existing or 56 years old is disintegrating and John Donohue should be grateful that they want to replace them when there are 56 years old and save the 7 miles of forest. Mr. Flail said when they start blasting the town is going to be very upset. Chairman Ewbank asked if they have contacted the conservation district. The supervisors said they will be willing to send a letter to Superintendent John Donohue and FERC. Mrs. DeFeis said sending a letter is not going to do it. She believes that we are an interested party and they need somebody that is an interested party to back and fight the appeal. The residents that are in attendance at tonight’s meeting are not interested parties.

Bob Bostinto questioned if Cummins Hill Road was going to be shut down there is not going to be an alternate route. Solicitor Bernathy asked how long that road is going to be closed. Supervisor Banach said when Tennessee came here a few years ago Mr. Humphreys gave a presentation and said that they would close Cummins Hill Road drop the pipeline and open the road again assuring us they would take care of the citizens to keep them safe. They said that they would meet with all EMS. Supervisor Banach said this is a federally mandated project. In the end the federal government will say yes or no. Even though the Conservation District is fighting them tooth and nail. Mrs. DeFeis said she understands that and she read the 84 page judgment and knows they went by the book she just thinks they have the opportunity to appeal now and she is hoping that common sense prevails. She said during hurricane Irene they were trapped because the road was closed on both ends. Mrs. DeFeis said she met with Robert Winter ofTennesseegas who said they will try not to close the road. Mrs. DeFeis wants to know the position the board is taking on this. Supervisor Flansburg we cannot litigate this but that he would lend his name to any letter that the Township was going to send out.

Bill Wall said he and his wife own the Village Diner and they lives on Cummins Hill road so they are doubly affected by this pipeline and he asked where it is going to go, asking if they were putting the pipeline next to the school. Chairman Ewbank said he has heard from the people who live behind the diner that they were offered money for a right-of-way for the pipeline. Mr. Wall has concerns for the safety of the people in the convalescent home and the children as far as evacuating for emergencies etc. Mr. Bostinto asked if anybody’s invited Tennessee to come here to talk to us. Supervisor Banach said they’ve been here and they’ve been at the Best Western for a public meeting. Supervisor Melvin questioned who we send a letter to because this is a federal thing. Asking if we should send it to the White House. Solicitor Bernathy questioned if they’ve hired an attorney. The residents stated they are not directly affected they live a half a mile to a mile above the area. Supervisor Banach said the pipe is supposed to go by Have a Hoot. Mr. Wall asked if anybody had any idea how much it will cost to fight this. Solicitor Bernathy said he is guessing a retainer for an attorney like that would be between $25 and $50,000. Supervisor Melvin said there’s a similar situation in Minisink, New York, and they have obtained representation. Discussion followed. Solicitor Bernathy stated we do not have the funds to file an appeal. Mrs. DeFeis said we have until June 27, 2012 to file an appeal and asked if there was anyone on staff or anyone from the bar association that would take this fight on. Solicitor Bernathy said you could contact Pennsylvania State Association of Township Supervisors. Debra Banach asked if the people that are impacted are fighting it. Mr. Flail said that Mr. Peckham has been fighting this for two years. Mr. Flail asked why the Township and our politicians are not fighting for us. Lisa Mickles said all she’s ever heard for the last two years is that it would take an act of Congress to get it to go to the one-mile loop. Mr. Wall asked if they are within the legal right to put this loop within the school and the senior care center. Solicitor Bernathy said he is not licensed to give an opinion on federal practice. Supervisor Banach said there are gas lines that go all over the place. National Park Service took over property and ruined people’s lives. Route 209 is our main artery and we can’t travel down that with commercial vehicles. Chairman Ewbank asked Mrs. DeFeis for a letter because the Township has not received anything. Supervisor Flansburg added that there are the dwarf wedge muscles wherever they’re going to cross. And he has seen them close off miles of road because of an Eagles nest and now we are going to drill underneath the road. Supervisor Melvin asked when the start and end dates were on construction. Mrs. DeFeis said the construction is due to begin in 2012 and ended in 2013. Solicitor Bernathy said the Township would have to commit to filing an appeal and we don’t have the resources for that. We need the legal expertise and Solicitor Bernathy doesn’t have that. He believes the appeal needs to be filed with the court of law. Walter van Beers asked that a letter be sent from the Township to file the appeal stating it would mean more coming from the Township and an individual resident. Solicitor Bernathy did not want the residents to believe that by the Township sending that letter it would constitute a legal and binding appeal. Supervisor Melvin said that Lisa will look into drafting the letter tomorrow. Chairman Ewbank asked for any other public. Twila Decker said she wanted to discuss parking by stop signs. In trying to get out ofMaple Avenue making a left-hand turn with Sue’s Café car there and the clap board advertisement sign you can’t see cars coming. Ms. Decker said according to Penn DOT specifications you’re supposed to park 15 feet away from a stop sign. Supervisor Flansburg asked that Ms. Decker show her pictures to the Chief on her way by. She said she nicely went into the café explained her situation and asked them to move them. They did for three hours. Chief Stewart said he knows what she is saying that the road goes in the parking lot. Supervisor Banach said we could look at the development plan and see who approved the parking but it’s probably been grandfathered in because the polar bear has been there forever. Supervisor Banach said possibly the parking spot would need to be moved over. Ms. Decker also wanted to speak about the Verizon building stating she’s contacted Verizon Corporate offices. Saying it was an eyesore and a disgrace to the Township and no way to advertise their business. They said to send them the photos and they would take care of it immediately. She said the last and final thing was the junkyard behind the Apple Grill. This is designated as a parking facility. Bob Bostinto said we addressed this same issue two years ago. Residents stated that because of the junk dumped there people can’t park there. Supervisor Banach asked to dig out the letter or complaint that was sent regarding the garbage.

MINUTES of the April 26, 2012 special meeting were approved on a motion by Vice-Chairman Fischer. Motion is seconded by Supervisor Flansburg and carries with all in favor.

Minutes of May 1, 2012 regular meeting were approved on a motion by Supervisor Flansburg. Motion is seconded by Supervisor Melvin and carries with all in favor.

Minutes of May 22, 2012 special meeting were approved on a motion by Supervisor Flansburg. Motion is seconded by Vice-Chairman Fischer and carries with four in favor. Chairman Ewbank abstains.

TREASURER’s REPORT:Scott Myer gave the treasurer’s report for May stating that this time of year is as expected. We received $68,000 in grant money from FEMA for Hurricane Irene. Supervisor Banach thanked Chairman Ewbank and Bill Schneider for their part in receiving the grant funds.  Supervisor Banach 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 May stating there were 6,776 miles patrolled and 210 calls for service. As part of PennDOT’s seat belt enforcement for the month of May they did a presentation at the elementary school and in coordination with the school police and they did a seatbelt program for high school students. They did a seatbelt check on the bottom of Cummins Hill on  May 30 they’re going to do another one on June 6th between four o’clock and seven o’clock. Chief Stewart said just a reminder make sure your cars are locked the likelihood of somebody going through is increasing. Supervisor Flansburg said he would just like to publicly congratulate the chief and his wife on the birth of their child. Chairman Ewbank said he happened to be at the police station the other day and a woman came in stating her car was parked in her sister’s driveway and her purse was in it and she went in the house and came out and her purse was gone. Chairman Ewbank asked the chief if he had anything to offer about the training that they were doing. Chief Stewart said it went well. It goes above and beyond shooting on the stationary target, and he thanked the supervisors for letting them use the facility. Mrs. Green stated she checked with our insurance company and that as long as the Police Department provided their certificate of insurance which they have, our insurance company has no issue with them holding training on our property. Supervisor Melvin moved to accept the police 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 May reporting 2 Mutual Aid structure fires, 1 Landing zones, 4 Motor Vehicle Accidents, 1 Auto Alarms – Commercial False, 1 Vehicle fire, 1 Standby, 1 Trees on wires, 1EMSassist. Total calls for May are 12. Westfall EMS calls 37 toWestfallTownship, 12 covering Squad 33, 3 covering Squad 19, for total of 52 calls. Mr. Bocaletti said they also held two classes.

Jay Edwards gave the Mill Rift Fire Department report stating they had engine maintenance on 5/2, monthly meeting on 5/8, O&R natural gas training in Matamoras on 5/9, hard suction draft on 5/16, CPR AED refresh training on 5/17, fire report bonfire on beach 5/27, pump drill on 5/31, mutual aid fire Milford on 6/1, Fire Police Training Center Blooming Grove on 6/3. Equaling 95 man hours for the month 75.5 equipment hours. Supervisor Banach moved to approve fire department reports. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.

HIGHWAY REPORT: Bill Schneider gave the report for May stating that they worked on Bluestone Boulevard removed trees from brook area, secured bank and stabilized with rip-rap, re-did ditch and shoulders, reordered and received 540 inch culvert pipe. Installed eight cross-section culvert pipe 450 feet clear shoulders ditch line on Glasshouse Hill. Mr. Schneider said a decision needs to be made on whether or not we were going to pave the rest of Glasshouse Hill. Supervisor Banach asked if would have the money for that. Mr. Myer said we should have approximately $109,000. Mr. Schneider said there is an issue and Pond Eddy and he inspected the road with Mr. Ewbank. Clearing brush from the right-of-way and intersections cold patch and Township roads. A letter was sent to the Delaware Joint Toll Bridge Commission thanking them for the use of their broom. Performed maintenance on the Township properties as well as on the equipment. They worked with Nelson tree spotting and removing trees and Township right-of-way. Repaired guide rails on bridge on Cummins Hill road damaged by down trees. Supervisor Banach moved to approve the report. Motion is seconded by Supervisor Melvin and carried with all in favor.

BUILDING/ZONING REPORT: Mike Rendleman gave the report for May reporting 3 building permits, and 6 zoning permits, with fees of $988.89. 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 they are hopeful that this is the last report and we will be removed from Act 47 in July. 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. Supervisor Flansburg moved to approve report. Motion is seconded by Supervisor Melvin and carries with us all in favor.

Compost Facility: Chairman Ewbank said we have one estimate for putting a controlled gate on the compost facility and we’re waiting for second proposal. For anyone that doesn’t know it yet, the facility is locked on a daily basis. If you live in Westfall you come up and see Lisa and give her your drivers license and you will get the key to the gate. If you live in Matamoras you will see Nancy and get a key from her. On Saturday we have somebody manning the facility from 9 to 1. Chairman Ewbank said we sent a letter to the Borough of Matamoras regarding paying half of the cost for these things and hopefully they will approve it at their meeting tonight. Chairman Ewbank said we’re going to apply for grant for the controlled access gate however we may not be able to obtain the grant alone without Matamoras because we don’t meet the median income level.  Supervisor Flansburg asked what information he found out about the gate. Mrs. green questioned if we are going to ask for a different type of gate and a different type of arm besides the wooden arm. Chairman Ewbank said he would contact the gentleman and get new proposal.

Amend Vacation Request for Lisa Green: Chairman Ewbank said there is a letter from Lisa green requesting her vacation to be amended from the original date of 7/14/12 through 7/20/12 to add the dates of 7/ 13 and 7/23 instead of 3/28 and 4/6 that were already approved and not taken. Mrs. Green’s total vacation will be seven business days. Supervisor Banach moved to approve the request. Motion is seconded by supervisor Flansburg and carries with all in favor.

Affidavit for Emergency Responders: Chairman Ewbank said we have an affidavit this will be for both the Westfall and Mill Rift fire departments. Luis Bocaletti asked Solicitor Bernathy if they could use their own affidavit that they had prepared. Solicitor Bernathy asked if it was substantially similar to the one he prepared.

Mr. Bocaletti has a copy of one for solicitor Bernathy’s review. Supervisor Banach questioned the fire chief as to whether or not they contacted PennDOT to see if each member had a valid driver’s license when they enroll. Vice-Chairman Fischer moved to approve a motion that an affidavit shall be required on an annual basis by each member of each of the Fire Departments. Motion is seconded by Supervisor Banach and carries with all in favor.

Fire Protection Contract: Solicitor Bernathy said this is something that he proposed. Understanding we’ve had some discussions. It is common to a lot of municipalities. Solicitor Bernathy suggests we give this to each of the fire departments to digest. Tabled to July meeting.

Ordinance # 147 Holding Tank Ordinance: Supervisor Banach said this came up after a discussion with Chris Wood. This fee schedule does not match the holding tank ordinance. Solicitor Bernathy said you could always change the fee schedule. Supervisor Banach said that the ordinance is lower than the fee schedule. We want to make sure that Chris Wood’s fees are covered. Solicitor Bernathy said usually what he puts in there is that the fee will be determined by the Supervisors. Vice-Chairman Fischer moved to advertise the revision of ordinance #147 for July 3, 2012 at 7 PM. Motion seconded by supervisor Flansburg and carries with all in favor.

Township Cell Phone: Mrs. Green said we have Shawn’s cell phone that we are paying for and not using. Supervisor Banach asked if the Rd., Department needed a phone. The phone will go to the Rd., Department. Supervisor Banach asked that they review the telephone policy.

Sale of Sewer Authority: Tabled

NEW BUSINESS:

Fire Loss Ordinance # 156: Solicitor Bernathy said we need a motion to approve the fire loss ordinance as presented. Mrs. Green said there is a typo on page one and asked if can she correct that. The word against is spelled incorrectly. Supervisor Flansburg moved to approve ordinance # 156. Motion is seconded by supervisor Melvin and carries with all in favor. The record will reflect that this approval follows a duly advertised public hearing that was held at 7:30 PM this evening at which no adverse comment was made.

Draft Road Use Agreement: Chairman Ewbank asked to table the Road Use Agreement. Mrs. Green said she had revised the road use agreement that was received from Joe Hudak and believed that was going to be approved this evening. Supervisor Banach moved to approve the Road Use Agreement that was received and revised from Joe Hudak. Motion is seconded by supervisor Flansburg and carries with all in favor.

Fee Schedule: Supervisor Banach moved to approve the fee schedule to include all the changes that were made. Supervisor Melvin asked if this included the changes that were made during the executive session. Supervisor Banach said it is. Motion is seconded by Supervisor Melvin and carries with all in favor

Zoning Application: Zoning Officer Mike Rendleman said we had revised the zoning application. There are two different forms but they are exactly the same. One is on the long form (legal size) and one is front and back of the shorter form (letter size). Chairman Ewbank stated that the main revision to this permit is the following language “Issuance of this permit authorizes the code enforcement officers of the Township access to the Project/Site during the hours of 7 AM to 9 PM.” Supervisor Melvin asked if that meant that the owner of the property doesn’t have to be there. Mr. Rendleman said this is for inspections on the project and not for any other reason. Supervisor Banach voiced his opinion stating that he does not believe that any Township official has the right to be on the person’s property. He’s had issues with building inspectors going on his property, with Police Department going on his property without permission stating we don’t allow anyone else on private property. Supervisor Banach also stated we should not have the permit expiring in six months. He believes it should be a year. Supervisor Banach said that is just his personal opinion. Chairman Ewbank asked for any other comment. Vice-Chairman Fischer asked if Supervisor Banach was opposed to the way it was written. He is. Solicitor Bernathy said we are asking for peoples’ permission that is the nature of having the language on the application. Discussion followed regarding trespass and liability. Supervisor Banach wants the language emphasized said that the resident needs to sign off on it. Mr. Rendleman also stated the zoning permit is void within six months of date of issue unless the work has started. Mr. Rendleman stated the permit will not expire until July 2013 because of the Senate Bill 1042 that was in place since 2008. Further discussion was held. Chairman Ewbank asked for a motion for the following changes on the zoning permit. Where it states this permit is for the within six months of date of issue unless work has started a block will be added to that where it can be initialed by the permittee and “Issuance of this permit authorizes the code enforcement officers of the Township access to the Project/Site during the hours of 7 AM to 7 PM.” A person can initial this if they want to allow this or not. Supervisor Flansburg moved to approve that motion. Motion is seconded by supervisor Banach and carries with all in favor.

Floodplain Manager: Lisa green stated she needs to speak to Mike Mrozinski about exactly what the floodplain manager needs to do. Right now all she knows is thatRobert Ewbank is that our representative. Supervisor Banach asked if one can be shared. Chairman Ewbank asked Mrs. Green to gather more information.

Tunnel Painting: Chairman Ewbank stated that the Highway Department was out today painting the tunnel. Home Depot supplied the paint but was not able to do the job for us because they could not name us as an additional insured on their insurance policy.

Hiring Of Gary Babb-Man Compost Facility Saturday 9 -1: Chairman Ewbank stated Gary Babb has been manning the compost facility on Saturdays between 9-1. He has been there for the past three Saturdays. Matamoras borough is going to share the cost with us a 50-50. Supervisor Flansburg moved to hire Gary Babb at a rate of $10 per hour to man the compost facility on Saturdays between 9 AM and 1 PM as needed. Motion is seconded by Supervisor Melvin and carries with all in favor.

Letter to Municipal Authority Re: Act 537 Sewage Plan Update: Mrs. Green stated this letter is for the board to sign so that the sewer authority gets reimbursement for the Act 537 plan update. Supervisor Flansburg moved to sign the letter. Motion is seconded by Supervisor Melvin and carries with all in favor.

Letter to Matamoras Council and EPRPC: Tabled

SUBDIVISION REVIEW AND ACTION:

Delaware Valley School District Gym Addition: Mrs. Green stated theSchool District has waived the 90-day requirement for deemed approval and provided us with that letter. Supervisor Melvin moved to approve the extension for the DelawareValley school district gym addition. Motion is seconded by Supervisor Flansburg and carries with all in favor.

ADJOURNMENT: Meeting was adjourned at 9:37 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

Supervisors Special Minutes May 22, 2012

Westfall Township, Matamoras, PA

May 22, 2012

The Westfall Township Board of Supervisors held a Special meeting on Tuesday, M ay 22, 2012 at 7:05 PM.   The meeting was held at theTownshipBuilding on Delaware Drive andLa Barr Lane,WestfallTownship.

Those present were Vice-Chairman,Paul Fischer; Supervisors Raymond Banach,Larry Flansburg, andRobert Melvin; Solicitor, Thomas Farley and Secretary,Lisa Green. Also present were Debra Banach, Thomas York, Tom & Debbie Ryan, Dr. and Mrs. Waldman, Mary Smith, Evelyn DiLorenzo, and Valerie Pedone. Chairman,Robert Ewbankand Solicitor, Robert Bernathy were not present.

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

PUBLIC COMMENT: Supervisor Banach suggested the public wait until the people fromMalibu give their presentation stating there is only one item on the agenda this evening.

NEW BUSINESS:

Veterans Charity Rodeo Roundup: Tom Ryan introduced himself to the board as the gentleman who has put this event together with Doc at the Ranch. He said they do a lot of charity work for Veterans organizations. This event is called “Hunts for Healing.” Luzerne Foundation Hunts for Healing gets no public funding. They take wounded veterans and veterans with PTSD and give them an opportunity to experience the outdoors like we do here inPennsylvania, they take them hunting, on hikes, trips, fishing etc. Mr. Ryan had them on his boat last year. Mindy the proprietor of Hunts for Healing purchased a barn and converted it into living quarters. She was aVietnam vet and a nurse inVietnam she houses 5-7 wounded Vet’s at a time. They come with mentors out ofBethesdaMaryland or Walter Reed. Mr. Ryan said if you’ve ever been around severely disabled veterans they are living longer due to the field hospitals and it is a struggle to live. Not having the experience of coming home to overwhelming joy from the Vietnam War, he and other vets have said this is never going to happen again. So this is one thing they are doing with having the rodeo to support to raise money for Hunts for Healing. We’ll have the rodeo, the bounce house, the mechanical bull, the pro-rodeo, food, The Cowboy Larry Show, and if the Township approves the fireworks we’ll have the fireworks show. It will be 4:00-9:30 event. Mr. Ryan said as of recipient of the Purple Heart it’s an honor to help fellow veterans. Supervisor Flansburg thanked Mr. Ryan for his work with the veterans.

Dr. Waldman of Foster Hill Road said he is a veteran and veterans don’t need fireworks. It scares them with bombs going off with PTSD, he is opposed to the fireworks stating it makes no sense. Supervisor Banach clarified that this is one event.

Valerie Pedone commented that the country and fireworks don’t mix she is married to a veteran as well.

Mary Smith said she lives right next to the Malibu Dude Ranch she will personally have to move her horses, as fireworks to not mix with horses. Mrs. Smith said she cannot lose a horse they are very dear to her and they’re dear to the ranch also. Her father is 92 years old and a WWII vet.

Supervisor Banach questioned if the ranch ever had fireworks before. Manager, Thomas York answered they’ve had fireworks on Fourth of July and New Year’s. Supervisor Banach asked if they’ve ever had permits. Mike Rendleman said they’ve never come to us for permits. Mrs. Smith is concerned if we approved this event we will set a precedent. Mrs. Pedone asked why they need the fireworks. Supervisor Flansburg said he believed the fireworks would entice more people to come. Mrs. Pedone said they need to leave the fireworks out. Supervisor Flansburg asked if we could reach a compromise. Mrs. Pedone answered Fourth of July because that is to be expected. Further discussion followed. Solicitor Farley questioned the zoning officer as to whether or not there is anything in the zoning ordinance regulating fireworks. There is not it is all regulated under the state law.

Thomas York said there is not going to be fireworks on Fourth of July nor the weekend before or after. Supervisor Flansburg asked if a compromise could be reached since there was no fireworks planned for the Fourth of July could they let this it then go for June 2, 2012. Supervisor Banach asked if the ranch would be able to help Mrs. Smith move her horses. They agreed to help anybody who needed it. Mrs. Smith asked how would they be assured that they were not going to have fireworks. Supervisor Melvin said there is a list of criteria that they need to follow that the state of Pennsylvania imposes, such as being registered with the Attorney General, having a $1,000,000 insurance policy. That the fire chief is ultimately responsible who is there for fire safety. Mrs. Smith said she is under the assumption that if it’s dry they will not have the fireworks. The fire chief said their setbacks are well within their property line. They need a 500 foot setback. Mrs. Waldman asked if all the requirements have been met and how many events does this cover. Supervisor Melvin said yes they have been met. Vice-chairman Fischer said this is for this one event. Supervisor Banach asked if they’ve contacted our police department, the state police, and Milford Borough to make sure traffic is flowing. Mr. Ryan said he has contacted John Curran the constable at Dingman who has spoken to Eastern Pike Regional Police Department and will be meeting with the State Police and Milford Borough. They also need to get the ambulances which Milford covers. Supervisor Banach asked for the anticipated number of people. Mr. Ryan said due to the cause were expecting a fairly large crowd and every dollar is going to the cause. Supervisor Flansburg directed his comment to Mrs. Waldman saying although he did not speak to Mrs. Dubinsky he delivered packages to Dr. and said there would be public comment tonight if they had any concerns whatsoever and Dr. Dubinsky said that the horses heard gunshots all the time, that there is a shooting range there and for the benefit of the veterans they have no problem with their horses. Mr. Ryan said that Interstate is the one that’s doing the fireworks and they are very professional organization.

Supervisor Banach questioned if they have done everything on the letter that we have asked them to do. Solicitor Farley said he believes everything is being sent to his office. Supervisor Melvin said before Bob left on vacation he received the insurance certificate and the letter from the Attorney General. Solicitor Farley said when he was President of the Chamber many years ago They used interstate to do fireworks atMatamorasAirportParkeach year and never had a problem.

Supervisor Flansburg said if he could ask everyone who came in objection if we could reach a compromise to not do fireworks for the Fourth of July and allow this event on June 2, 2012. Discussion followed. The public wanted to be assured that if the event was approved for June 2, 2012 that they would not do fireworks on July 4 or any other day. Evelyn DiLorenzo  asked if Milford Township could be notified because everything that’s going on up at the ranch with the rodeo is going to affect Milford Township.

Supervisor Melvin moved to approve the Fireworks event conditioned upon the May 10, 2012 letter prepared by Robert F. Bernathy, and that no other fireworks will be displayed unless they come before the Westfall Township Board of Supervisors for approval in the future. Motion is seconded by supervisor Flansburg and carries with all in favor.

Supervisor Flansburg said he will speak to Milford Township tomorrow.

The fireworks display will go off at 9:30 PM. Mrs. Smith asked why the fireworks were being displayed at 9:30 PM. Mr.Yorksaid they needed to get the Bulls out prior to the show.

Mr. Ryan said thank you on behalf of the veterans.

Supervisor Banach asked for a report back from the neighbors to get feedback on how it went, to see what was good, what was bad, what could be changed with or without fireworks in the future. Supervisor Melvin invited the public to our June 5, 2012 meeting saying this will help shape us in what we do in the future. Maybe it’s not Malibu but will be somebody else doing something in the future. Mrs. Waldman said she will come back, she does not live on Foster Hill Road that there is a house there that is owned by someone who is not here this evening and is being rented on June 1, 2012 to a fine tenant, a new priest of the Episcopal Church and Milford. Mrs. Waldman is concerned that she will be waking up on June 2 finding out about this rodeo. Supervisor Banach suggested flyers be made and circulated. Supervisor Melvin said hopefully the landlord clued the tenant in on that. Dr. Waldman asked if we had a website for people that were not able to come to post their comments. Supervisor Flansburg said on the website is his e-mail address and cell phone number and he tries to answer all of them within 24 hours. Mrs. Green said the addresses www.westfalltownship.org .

ADJOURNMENT: Supervisor Melvin moved to adjourn at 7:34 PM. Motion is seconded by Supervisor Flansburg and carries with all in favor.

Respectfully submitted,

Lisa A. Green, Secretary