2012 Budget Workshop

The Westfall Township Board of Supervisors convened their first 2012 budget workshop on Thursday, October 13, 2011 at 7:00 pm. The meeting was held at the Westfall Township Municipal Building in the downstairs office.

 

Those present were Chairman, James Muir; Supervisors, Robert Ewbank, Paul Fischer, Raymond Banach; Treasurer, Scott Myer and Secretary, Lisa Green. Also present were Ken Zielazny, Bill Schneider, Luis Bocaletti, Chad Stewart, Shawn Bolles, and three members of the general public. Vice-Chairman, Lester Buchanan was not present.

 

Scott Myer distributed worksheets to the board, explaining that the first was a sheet showing approved budgets of the last three years. The next shows the Debt Service Budget for 2012. The board reviewed the worksheets.

 

Ken Zielazny presented the Mill Rift Fire Department budget. Supervisor Banach commented that they are pretty much under budget and questioned if they were still looking for the $10,000 LST contribution to which Scott Myer answered they have already received. Chairman Muir asked Mr. Zielazny where they are at with discussions about consolidating the two fire departments. Mr. Zielazny said they met with Rob Brady from the State Fire commission and they put together a research committee and they will be getting together with the Westfall committee. Supervisor Fischer asked if there was any kind of timeline. Luis Bocaletti said the average timeline is twelve months from start to finish. Chairman Muir said they have done a pretty good job on their budget. Mr. Zielazny said they do need a new truck but they will be looking at something in the 1990’s not something new. He said the budget of $36,000 presented is the minimum that they can deal with. They try to stay within anything the board can give them. Supervisor Banach questioned the $3,200 from RC Lain. Supervisor Ewbank commended Mr. Zielazny on the budget by saying the department could show the board how to do their budget.

 

Luis Bocaletti said he did a budget with the building and one without. The first page shows where all the township money has been spent. The next page showed calls with fire tax allocation and percentages between Westfall and Mill Rift. Supervisor Ewbank questioned why they compared Mill Rift to Westfall. Mr. Bocaletti said they do so every year to show what they have received. The additional sheets showed the proposed budget for 2012. Chairman Muir commented the new building cost of $507,000. Mr. Bocaletti agreed. Chairman Muir stated the actual cost for ALS service was $7,800 and the projected cost is $15,000. Mr. Bocaletti said the proposals from ALS are $100 per call. Supervisor Ewbank asked what the ALS does other than follow Westfall around. Mr. Bocaletti said its protocol depending on what the call comes in at. It’s mandated by the state. Discussion was held about truck maintenance. Mr. Bocaletti said the reason he separated out the building is because they have saved money for it and they are getting a 2% loan of $200,000. Supervisor Ewbank said it looks like they are going ahead with the building anyway because they have the material sitting on the ground. Mr. Bocaletti said since 2008 they have spent $120,000 on the building. Chairman Muir said he didn’t have any questions and asked the rest of the board if they had any questions. Mr. Bocaletti added that this year is the first year that they haven’t been able to manage expenses. They have been short this year. Usually they are able to make it through fundraising. Supervisor Banach questioned if there are funds available if state mandates the ALS. Mr. Bocaletti said there are matching programs that they have taken advantage of. For example if you buy ten pagers they will pay for half.

 

Chad Stewart presented the Eastern Pike Regional Police Department Budget for 2012, stating that they are looking at a $41, 358 increase over 2011. Chief Stewart said the township has saved $25,877 from their 2007 budget. Unfortunately everything has increased. There are salary increases and another full time officer added on, this due to the problem with a relief factor such as sick time or vacation time. The FCC has a requirement to be narrowband compliant. Discussion was held regarding the radios. This must be done by January 1, 2013. However comm. Center will not be changing over until June 1, 2013. Grants have been sparse this year. Supervisor Ewbank asked what the percentage split was between Matamoras and Westfall. Chief Stewart answered it is 53% Westfall / 47% Matamoras. Mr. Myer said part of the reason they are asking for more money is because they lost grants. Chief Stewart said yes that last year they lost the Police Chief grant of $30,000. Chief Stewart said the cost per person in Westfall Township to have police coverage is $0.40 cents

per day, or $148.21 per year. Cost per taxable lot is $249.67. Chief Stewart said the total increase they are asking for is $41,358. Unless another township comes in they are not eligible for another grant. Matamoras share is $35,185. Chairman Muir asked how much the 3% increase is costing the township. Patrolman is going from $38,192 to $39,334. Supervisor Banach questioned the Police officers who do not take insurance. Chief Stewart said those that do not take the insurance are offered a $2,000 buyout option which saves the department $8,000. Supervisor Fischer questioned how many guys were doing that now. Chief Stewart answered four.  Supervisor Banach asked if they can live without the new patrolman. Chief Stewart said if the new patrolman is in there for the relief factor and if they did not have him then they could not cover the shifts and they will have to go on call for midnights. Supervisor Fischer added that this will increase overtime. Supervisor Banach asked whether the Part timers just handled special events or do they run regular shifts. Discussion followed. Supervisor Banach questioned if it would be worth getting rid of the part timers and hiring the full timer. Further discussion was held. Supervisor Banach questioned how many guys they are running on a shift. Chief Stewart answered three. Supervisor Ewbank stated they may have a guy leaving. Chief Stewart said they may have two leaving but he hasn’t had the word yet.

 

Chairman Muir asked who was next. Lisa Green said they planned for Fire and Police so it was up to the board what they wanted to discuss next. Supervisor Banach asked Shawn Bolles if he had his budget. Mr. Bolles explained that he doesn’t do a budget, the building department is included in the administrative budget. Chairman Muir asked when the next budget meeting was. It is Thursday, October 20, 2011 at 7:00 pm.

 

Mr. Myer said he is looking for guidance from the board to prepare the budget. Supervisor Ewbank said before Mr. Myer begins that he will be needing a budget for the EMA, something that he hasn’t had. Mrs. Green said she had a call from Erwin Guberman of Cellular One who would like to compete for our Cell Service and he is going to include a quote for an air card for the computer for the emergency management agency.

 

Mr. Myer gave a general overview of the previous actual budgets for 2009, 2010, and 2011. Explaining that a mil is worth about $40,000. There has been no mil allocated to the Capital Road fund in two years. Special tax is debt service which Mr. Myer would like to go over next. Mr. Myer said that the proposed Debt Service Budget for 2012 shows three loans outstanding; the $2,000,000 loan, the cash flow loan and the truck loan. When doing the budget for 2011 we had certain mils in anticipation of having to do the pump station. We were not sure if we had to do the pump station so we started to prepare to pay for that and thankfully the Grant came through and paid that for us. In the meantime we had collected $106,000 on those mils. That money can be used on any special service tax. It can not be used in the general fund. There is also a cushion from the delinquent taxes. Mr. Myer suggests using this money to pay the Authority’s line of credit in the amount of $83,333 and the truck loan of $65,500. If that was done if would free up 4 mils.

 

Chairman Muir commented that the Highway Department will need additional funds in 2012 as there hasn’t been any additional money given to extra projects in years. Supervisor Ewbank asked if Mr. Myer is suggesting lowering the Special Tax Mils. Supervisor Ewbank commented that we could move the tax mils back to fire and road where they were before the supervisors made the cuts. Supervisor Banach suggested cutting the general fund millage so we didn’t have to go to court. Mr. Myer said that the general fund needs to stay where it is at unless other cuts are made. Special tax mils do not impact the general fund at all. Mr. Myer further stated we budgeted $75,000 for legal fees due to the Township Attorney and payments to Pepper Hamilton. Those payments are done now, so there is an extra $50,000 so the additional money for the Police Department is actually a wash. The board was in agreement with paying off the loans but could not make any decisions until having the rest of the budget in front of them. Bill Schneider stated that the highway budget will be increasing about $30,000. The cost of the new employee will be $10,000 alone, the radios will cost about $5,000, traffic signs and supplies will cost $6,000, plus additional costs. There is a problem with the two culverts on Heaters Hill from the heavy rains. Mr. Schneider said back in 2008 HRG recommended that the pipes be replaced within five years. The walls are starting to collapse now. Chairman Muir asked Mr. Schneider how much of a section of Pond Drive needed to be dredged out. Mr. Schneider said he is guessing between 600 and 1000 feet.

Chairman Muir and Supervisor Fischer asked if there is money available stating Susan Beecher said there was funding available for sand & gravel projects. Supervisor Ewbank also said there is going to be money available for Irene and Lee but no one knows when or how much yet. Mr. Schneider said most of that is going to be for communication. Chairman Muir asked realistically if they were to go into the brook and dredge it out how hard would it be to get a permit from DEP. Further discussion followed about the pond. Chairman Muir said he would give the highway department the equipment to use as long as they had the trucks to haul the material out with. Supervisor Banach said we may be able to get an emergency permit by having pictures of everyone’s yards flooded.

 

Mr. Myer said if you look at the public works department budget it was at $223,000 in 2009 and $186,000 in 2010 and 2011. You are down $40,000 in both years. Supervisor Ewbank asked how far behind are we on our ten year road plan. Mr. Schneider said we did Pond Drive this year and will do Glass House Hill next year and then it will be on schedule aside from the back section of Cummins Hill Road. Chairman Muir said the board looked forward to seeing Mr. Schneider’s budget. Mr. Myer asked what direction the board wanted him to go in for the next budget meeting. Supervisor Banach wants to cut the general budget. Chairman Muir would like to get back on track with the highway department and fire department and Supervisor Ewbank would like to consider the idea that Mr. Dalton mentioned about the Earned Income Tax. Mr. Myer said it can not be put in place for 2012. Further discussion followed. Chairman Muir asked Mr. Schneider to give the board the numbers on what needs to be addressed for the road department and the projects as far as an order of priority and cost. Mr. Schneider spoke about the wall that is coming down on Heaters Hill by the Tonkin property. Supervisor Banach asked if that is something that the department can handle or does it have to be bid out. Mr. Schneider said it comes to a point of it being done safely with only two men. Discussion followed. Mr. Schneider invited the board to take a ride around town with him to see the projects that need to be done.

 

ADJOURNMENT: The meeting adjourned at 8:07 pm.

 

Respectfully submitted,

 

 

 

Lisa A. Green

Secretary

April Workshop

April 27, 2011

The Westfall Township Board of Supervisors held a workshop meeting on Wednesday, April 27, 2011 at 7:00 pm at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Chairman, James Muir; Vice-Chairman, Lester Buchanan; Supervisors, Robert Ewbank and Raymond Banach; Solicitor, Robert Bernathy and Secretary, Lisa Green. Also present were Roadmaster, William Schneider; Zoning Officer, Michael Rendleman; Bill Koferl, Township Engineer, Jamie Keener; Peggy Miller, John Stieh, Debra Banach and approximately 17 members of the general public. Supervisor, Paul Fischer was not present.

AGENDA: The agenda was amended to add the “Deed of Dedication Agreement” to old business. Amended agenda approved on a motion by Supervisor Ewbank and seconded by Vice-Chairman Buchanan. Motion carried with all in favor.

PUBLIC COMMENT: Bill Koferl stated that back in early March the EMA director and his assistant went behind K Mart and saw that the retention pond was flooded. This was at the river elevation of 13 feet which is not flood stage. Chairman Muir asked if they were supposed to put a gate valve on there. Mr. Koferl said they were supposed to repair the wall and they have not done that. Vice-Chairman Buchanan asked Jamie Keener if he was aware of that. He was not. He said that some improvements were done and drawings were sent to him, but he was not aware it flooded again. He thought an emergency spillway was put in there. Supervisor Ewbank said it didn’t flood again but when the river gets to 13 feet the water pours in there. Mr. Koferl said their action plan begins at 14 feet. Further discussion followed. Mr. Keener will take a look at it and give a report back.

OLD BUSINESS:

Deed of Dedication Agreement: Vice-Chairman Buchanan asked Solicitor Bernathy where we stand on this. Solicitor Bernathy said he hasn’t had any information on it in several months. Vice-Chairman Buchanan said that the Sewer Authority is done with it and is waiting on us. The Water Authority is waiting for it to be completed. Solicitor Bernathy will have something for us by the next meeting.

NEW BUSINESS:

Cable Franchise: Chairman Muir asked for a motion to have Solicitor Bernathy approach Cablevision and see if we can reach an agreement with them. Vice-Chairman Buchanan moved in favor of the motion. Motion is seconded by Supervisor Ewbank. Supervisor Banach asked that we negotiate with the cable company to take the 3-5% fee from their profits and not tack it on to the residents in the form of another tax. Vice-Chairman Buchanan asked that something be added about the maintenance of their lines. Motion carried with all in favor.

Fire Loss Ordinance: Solicitor Bernathy stated this ordinance is in accordance with Act 98 of 1992, as Amended by Act 93 of 1994 directly to provide that in fire losses the insurance company, association or exchange shall transfer insurance proceeds to a designated officer of Westfall Township a portion of the insurance proceeds to be held as security against the total cost of removing, repairing or securing the damage structure, providing for fees, providing for penalties for violation and establishing procedures and requirements regarding insurance proceeds. Vice-Chairman Buchanan moves to advertise the ordinance for public hearing on June 7, 2011. Motion is seconded by Supervisor Ewbank and carried with all in favor.

Burning Ban: Chairman Muir said we have a lot of information to review and therefore we should table this. Vice-Chairman Buchanan said we need to find out if we should even go forward with this.  Vice-Chairman Buchanan said he is opposed to a burning ban. It is just another law that needs to be enforced to tell people what they can do with their property. Supervisor Ewbank said part of the idea behind the burning ban is health issues and the fact that many municipalities surrounding Westfall Township have burning bans and are affected by the people burning in Westfall. He doesn’t want a total ban, rather to regulate it. Solicitor Bernathy said he tried to give the board a draft to regulate burning. There are other ordinances to regulate more or less. Supervisor Banach is totally against a burning ban and stated that if you take something away you need to provide a service. We don’t have the finances available to do that. Supervisor Banach said you need to work with your neighbors if you have a problem with burning. Supervisor Ewbank commented that all we need is a leaf sucker and we could borrow that from Matamoras, stating we are only talking Bell Manor. Vice-Chairman Buchanan asked if you only want to ban burning in Bell Manor. How are you going to do that? Supervisor Ewbank stated he is thinking of banning the R-1 and C-1 Zones. Bill Schneider stated that Matamoras does not borrow our equipment, only the chipper and that is a shared piece of equipment. The leaf sucker is kept very busy in the fall by Matamoras alone. Bill Koferl asked who is going to enforce it and who is going to put out the fires? Further stating that to bring out a $350,000 fire truck on a tight budget to put out a leaf pile is senseless with fuel at $4.00 per gallon. Vice-Chairman Buchanan recapped the vote of two supervisors against, one not quite sure, and one in favor. This item will be tabled.

Mule: Vice-Chairman Buchanan said this was brought up at the last meeting. This is an ATV that needs a trailer and has not been used in several years. The Westfall and Mill Rift fire departments have agreed to take it over and maintain it. Solicitor Bernathy stated as he said at the last meeting there are exemptions allowing us to make such a transfer to a non profit agency. Vice-Chairman Buchanan moved to transfer ownership of the mule to the Westfall Township Volunteer Fire Department and Mill Rift Volunteer Fire Departments for the price of $1.00. Supervisor Banach asked about the training and insurance that was mentioned in the past and questioned if Supervisor Ewbank needed to use it as EMA Coordinator how would the township be affected. Solicitor Bernathy stated that responsibility transfers with ownership. If he borrowed it we would check with our carrier. Bill Koferl stated that as EMA Coordinator Supervisor Ewbank is the head of the fire department and can use any piece of equipment he wants. Motion is seconded by Supervisor Banach and carries with all in favor. Solicitor Bernathy questioned the legal names of the fire departments for the purposes of transferring the title.

Rivers Edge – John Stieh: Attorney Stieh stated he was asked to come before the board to discuss the visitation of children and grandchildren of any resident. Currently there is a limitation of 30 days of children under the age of 18. Mr. Stieh said the first step would be relief from the board of supervisors. After that they would need to change their public offering statement and get approval from the current residents who live there. Solicitor Bernathy asked what type of relief they are requesting. Mr. Stieh said something along the lines which would allow those residents who had temporary custodial visitation rights with children or grandchildren to be able to stay on a non permanent basis so that it would not establish residency. Vice-Chairman Buchanan asked if he could give us an amount of days such as 60, 90, or 100 days. Mr. Stieh said does not have a number of days at this time. He could ask his clients for that. However he said the community has the obligation to enforce it. Further stating that if anyone tried to register a child for school a loud bull horn would go off. That is not the intention. The objective is to allow for more time with children or grandchildren. Supervisor Ewbank questioned if a resident wanted a grandchild for a month at a time that is not allowed. Mr. Stieh answered it is for 30 days per year only. If they stayed one month in April they could not come back in July or at Christmas. Supervisor Banach asked if this is the same developer and if he received any tax credits for age restricted housing. Mr. Stieh answered it is the same developer and there were no tax credits given. Supervisor Banach said the people who bought the units were aware of the regulations and now Mr. Stieh is here trying to change things. Supervisor Banach further stated that it had been said that there should not be a burden to the school district. Vice-Chairman Buchanan said there will not be a burden to the school as that is not what they are asking for. Mr. Stieh said that is not what anyone is proposing. Supervisor Ewbank said they are just looking to have their children or grandchildren visit more frequently. Vice-Chairman Buchanan requested that Mr. Stieh come back with a number of days that they are requesting. Mr. Stieh said right now the public offering statement has the limitation of visitation in there and it has turned away a few sales. Supervisor Banach questioned how many have sold with that restriction. Mr. Stieh said ten or eleven units. Mike Rendleman commented that this project is in an R-1 single family residential zone and it was originally not allowed in that zone. It only became allowed in that zone when we wrote the change to the ordinance for the age restricted housing.  Supervisor Banach said his feeling is that the concessions were made up front and the developer was here, the developer knew the ramifications now they want to change; stating “as the boy said they played basketball there, now they want to play lacrosse.” Vice-Chairman Buchanan said he is not that firm, if he had a number of days he would be willing to entertain it. Chairman Muir and Supervisor Ewbank agreed. Solicitor Bernathy requested it be done in the form of a proposed ordinance change. Mr. Stieh said if there are any costs his clients would be happy to pay for it.

Decker Lane Road Construction – Cost of $6,000: Chairman Muir stated that approximately $2,000 has been paid in engineering fees. Bill Schneider stated there is a stream involved and therefore it needed to be designed by an engineer and the DEP and Conservation District is involved; which is why it is more money. There is one pipe on Heaters Hill, two on Pond Drive, and two on Glass House Hill that are in similar condition that will need to be fixed. Supervisor Banach asked if we have spare funds to funnel for this. Further commenting that we are obligated to provide for roads. Vice-Chairman Buchanan said we will be paying for this out of liquid fuels. Supervisor Ewbank asked if the pipe was going to go in straight or curved. Mr. Schneider said it will go in the same way. Chairman Muir asked if they will be doing the work themselves. They will be. Supervisor Banach asked if any of them are a safety hazard. Mr. Schneider said they are watching them and they are okay for now. Chairman Muir offered to loan the township a larger machine if one was needed to do the job. Supervisor Ewbank moved to do the Decker Lane road repair. Motion is seconded by Supervisor Banach and carries with all in favor.

Plans for Rose Lane Component 3M and Act 537 Special Study: Jamie Keener and Peggy Miller from Herbert, Rowland and Grubic, Inc. were both present representing The Municipal Authority of the Township

of Westfall. Mr. Keener stated that back in 2009 they had presented a draft of the Act 537 special study to the board and at the time there was a plan to go to 820,000 gpd. Currently the plant is at 300,000. There was a reduction in the capacity with the plan changing to 374,000 gpd, which requires a revision to the special study. Mr. Keener said they are here tonight to give a brief review of all of the details and ask for a quick review to get it out to the planning commissions. The need for the expediency is to get all of the work done by 2012 so as not to lose the EPA Grant. Vice-Chairman Buchanan commented that when the study was originally proposed the other four supervisors had a problem with the mandatory hookup and that has been taken out. Mr. Keener said yes that will go away. The residents at Rose Lane are in favor of the hookups. Mr. Keener introduced Peggy Miller who will go over the details of the project and the Rose Lane Component 3M Planning Module. Ms. Miller stated they have backed the flow down from 820,000 gpd because there is no longer the need for that amount. They were originally looking at building a new sewerage treatment plant; they do not need to do that now. Alternatively they are looking at taking the equipment that is there and doing a hydraulic regrade. The authority is currently permitted at 300,000 gpd and they believe that the permitting capacity could be brought up to 374,000 gpd. The second component of the special study is to build a second pump station. It is only treating 67,000 gpd.  Solicitor Bernathy questioned if the original pump station was not designed correctly in the first place. Ms. Miller said she did not know if she could answer that as that pump station was a part of the original sewerage treatment facility. One of the other things they would like to do is maximize every penny of the EPA Grant and do grit improvement at the plant. That will be bid as an add on or an addendum. The mandatory connection is being removed. Ms. Miller stated they are not extending the sewer service area, save Rose Lane (which will be discussed) they are not putting new lines in areas that presently do not have public sewer. They are maximizing the efficiency of the sewer treatment plant, maintaining the current lines and upgrading a pump station. The last thing they have to do under the special study is to make things balance. They had Docket Approval from the Delaware River Basin Commission for 820,000 gallons to discharge into the Delaware River and currently DEP gave approval for the same. They have to back that down to 374,000 gallons. DEP has explained what needs to be done and they have said that the DRBC needs to come down as well. The Authority is requesting that the DRBC memorialize the docket approval for the 820,000 gallons, so that if the need arises to require additional gallonage in the future they will not need to go through significant scientific effort to regain the approval. This is as long as regulation, laws and water quality regulations have not changed. Chairman Muir commented that it is not realistic to think that things will stay the same. Solicitor Bernathy stated the discharge permits are very difficult to get and the Authority is asking them to reduce them significantly to 374,000 gpd; commenting that the Supervisors are giving up a position to discharge. Solicitor Bernathy asked for some comfort level in reducing the gpd. Bill Schneider explained that they are asking to keep the approval for 820,000 and backing down the gallonage to 374,000. Ms. Miller said they are reducing the docket approval to 374,000 and memorializing the 820,000 encapsulating the language that it was approved. Mr. Keener said he will forward correspondence from Chad Pindar from the DEP to the board which described about what can be discharged into the river. Chairman Muir asked what the BOD loading limits are. Ms. Miller said they are 10 milligrams per liter for CBOD (5), 10 TTS (Total Suspended Solids) 10 milligrams per liter for TN (Total Nitrogen) 2 milligrams per liter for TP (Total Phosphorus).

The Rose Lane is a sewer extension. The purpose of the Rose Lane project is to use the EPA Grant money prior to the timeline to do the special study improvements such as the new pump station and the regarding of the plant as well as putting a sewer extension to the Rose Lane development. There are 27 homes and 2 vacant lots. This is not a mandatory connection. Most of the homes are in favor of it. There was a sewer needs study done and it was documented that there was a problem in that area. That sector will be submitted under a Component 3M Planning Module. Ms. Miller asked for questions on either project. Chairman Muir asked about the new pump station if that will be the same as what was put in for Katz. Mr. Keener said no it will not be the same. Ms. Miller said the pump station will be built to 550,000 gpd. By building to 550,000 we are projecting for the future. Ms. Miller said they are now finalizing the plans. According to the schedule the need to have substantial completion by December 31, 2012. That pushes everything else into place. They would like to ask permission to give the plans to the Township and County Planning Commissions by May 10, 2011. This way the County would be given their 60 day review period which would put us into the August meeting approval. The other part of that is the public comment period which is 30 days that will be opened at the June meeting. Both projects will move forward at the same time period. So to recap Ms. Miller said there will not be multiple public meetings. They are asking for the following: 1) Move forward providing documents to the County and Township Planning Commissions by May 10th. 2) Open public comment period 3) Respond to public comment, respond to County and Township Planning Commission Comments look for adoption at the August meeting. Vice-Chairman Buchanan moves to forward this to the planning commission. Motion is seconded by Supervisor Ewbank and carries with all in favor. Bill Schneider added that it looks like they are trying to crowd in a quick decision but that is not how it is. This has been going on for two years. Chairman Muir asked if the grant is a matching grant. It is.

Zoning Change: Chairman Muir stated we have had some requests for zoning changes. These are for properties that were once commercial and were changed to residential. The property owners are asking for them to be changed back. One of the gentlemen is Bill Barnes who has multiple family dwellings and the other is Dave Jones of Kittatinny Canoes down on Route 6 & 209. Solicitor Bernathy stated that the board had brought this to the attention of the planners during the comprehensive plan leaving the door open. There are legal procedures involved to do a zoning map change which are a bit more involved. The next step would be to refer that directive to the Planning Commission asking that the map be changed through recommendation. Solicitor Bernathy also stated the board has the option of adding permitted or conditional uses within those zones. If the board wants to change those zones back to commercial they need to do a zoning map change and or an ordinance change and that would be sent to planning for recommendation and it would come to the board for approval and than it would be advertised and go forward with public input. Supervisor Banach questioned if the Jones Partners/Sherlock already did so. Vice-Chairman Buchanan said the main problem was the Sherlock property. Lara Doddsworth of Schneider & Doddsworth submitted the letters on behalf of Jones Partners and Sherlock stating that she understands that the case is under appeal at this time but if the supervisors were to change one or the other properties it would make the appeal no longer necessary. Supervisor Banach asked if the Jones property is operating within our guidelines as a livery right now. Ms. Doddsworth said it was commercial and it was changed, it needs to be changed back. Vice-Chairman Buchanan said it needs to be changed back. Supervisor Banach said it is CD now. Vice-Chairman Buchanan asked why they changed the zoning. Supervisor Banach said you would have to look in the minutes to find out. The Supervisors are considering a zone change of the Delaware Drive strip from the Highway Township Building to the last canoe livery. The change would be R-1 to Commercial. In addition to the Jones property on Route 6 & 209. The change would be from CD to Commercial. Debra Banach questioned how deep the zone change would be. Vice-Chairman Buchanan said approximately 1600 feet from Delaware Drive back but that has to be researched. Supervisor Banach commented that none of these properties have had any violations against them and if you change them it is not against the flavor of the past and present boards wanting to keep scenic and rural and now we want to have commercial. Vice-Chairman Buchanan said Supervisor Banach would have to keep him out of that because he is definitely for building saying a property owner should be able to do what they want with their own property. Supervisor Banach said that we should go back then and rezone the whole township. Chairman Muir said that is not necessary. Vice-Chairman Buchanan moved to forward this on to the planning commission. Motion is seconded by Supervisor Ewbank and carries with three in favor. Supervisor Banach is opposed.

HIGHWAY DEPARTMENT: Bill Schneider said the board may want to give consideration if money becomes available to put pipe under Pond Drive & Glass House Hill before blacktopping. Vice-Chairman Buchanan said we were on a ten year plan for paving and we have not paved for two years now. Further stating we have a lot of mountain roads in Westfall Township. The roads are deteriorating and only so much can be done with patching. Mr. Schneider stated their 550 Masonry Truck is down now and needs approximately $6,000 worth of repairs. Most of the repairs are done at the shop. Mr. Schneider said he thinks we are good with our equipment right now.

BUILDING / ZONING: None

SUBDIVISION REVIEW AND ACTION: None

 Have a Hoot: Tabled until May 3, 2011.

Adjournment: Meeting adjourned at 8:21 pm on a motion by Vice-Chairman Buchanan, seconded by Supervisor Ewbank. Motion carried with all in favor.

Respectfully submitted,

Lisa A. Green

Secretary

February Minutes – Workshop

February 24, 2010

The Westfall Township Board of Supervisors held a workshop meeting on Wednesday, February 24, 2010 at 7:00 pm at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Vice-Chairman, Lester Buchanan; Supervisors, Robert Ewbank and Raymond Banach; Solicitor, Robert Bernathy and Secretary, Lisa Green. Also present were Roadmaster, William Schneider; Zoning Officer, Michael Rendleman; Building Inspector, Shawn Bolles; Bill Koferl, John Dalton, and Debra Banach. Chairman, James Muir and Supervisor, Paul Fischer were not present.

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

PUBLIC COMMENT: None

OLD BUSINESS: None

NEW BUSINESS:

Landowner-Grantee Agreement: This is an agreement from the Northeast Pennsylvania Alliance for the traffic signal conversion program. The Supervisors need to sign off on the agreement as the landowner; NEPA will be the grantee. This is part of the grant process. Solicitor Bernathy stated he has reviewed the agreement and found it to be acceptable. This will be placed on the March 2nd meeting agenda.

Letter from Commissioner Forbes – Issues of Importance: Vice-Chairman Buchanan asked the board members to submit their list to the secretary so that a letter can be forwarded to Commissioner Forbes who is going to Washington on March 6th. Bill Koferl asked for a letter of support for the fire department grant. Supervisor Banach asked for a tracking number for the grant. Mr. Koferl will get the information to the secretary.

Bid Proposal for Anti-Skid: Vice-Chairman Buchanan said we need to go out for anti-skid since we have gone over $10,000 in the past two years. Lisa Green questioned the Solicitor regarding the language in the bid packet which calls for a performance bond and bid bond. Solicitor Bernathy stated it would not be needed. The language will be removed. This item will be added to the March 2nd meeting agenda.

Township Vacancies: Vice-Chairman Buchanan stated we have a letter of interest from Peter Kenny for the Upper Delaware Council. This will be added to the March 2nd meeting agenda.  There are also vacancies for alternate to the UDC, alternate to the Zoning Hearing Board and three members for the Building Appeals Board.

Discuss Questions brought up in public comment from February 2nd meeting: Supervisor Banach said the board should follow Alan Mottles suggestion of selling the sewer treatment plant. He said he mentioned it before and the board got upset, however they were not upset when Mr. Katz suggested it. Supervisor Banach said the treatment plant and M & S Sanitation are the only two discharge points and therefore it has great value. By making it private again we would have additional taxes coming in to the township. He feels they may serve residential properties if it is expanded. Bill Schneider said there is also a lot of debt in the treatment plant. They are having a study done on what the value of the plant is and it will be provided to the board.

Supervisor Banach also mentioned road permits and overweight permits for roads. Solicitor Bernathy stated an engineering study may be necessary to do an ordinance.  Supervisor Banach suggested changing the SALDO so there are generators for the traffic signals. This way the road department or the Police Department does not have to go out and service the lights with a generator. Lastly there was a question from Bill Jamros about inspections.

Supervisor Banach said he made a phone call to Mitch Hoffman with the Governors Center for Local Government Services and he said we are able to have an alternate building inspector. Shawn Bolles said we have an alternate; Mike Rendleman is the alternate building inspector.

Bill Schneider said the docket approval for the Sewer Authority for 820,000 gallons has a time limit.

Mr. Bolles asked if the Sewer Treatment Plant served River’s Edge, Paddlers Point and Milford Landing.

Solicitor Bernathy stated they are commercial properties. Supervisor Banach was referring to residential properties. Discussion followed about Matamoras hooking up to the treatment plant.

Bill Schneider said the Liquid Fuels money will be released March 1st.

Supervisor Banach questioned Shawn Bolles as to whether or not the Mill Rift Inn had a C/O. Mr. Bolles said the original building did not have a C/O because it was built in the 1800’s. They did have a C/O for the new stairwell they had installed.

HIGHWAY DEPARTMENT:

BUILDING / ZONING:

SUBDIVISION REVIEW AND ACTION:

Adjournment: Meeting adjourned at 7:20 pm on a motion by Supervisor Ewbank, seconded by Supervisor Banach. Motion carried with all in favor.

Respectfully submitted,

Lisa A. Green

Secretary

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January 2010 Minutes – Workshop

January 27, 2010

The Westfall Township Board of Supervisors held a workshop meeting on Wednesday, January 27, 2010 at 7:18 pm at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Vice-Chairman, Lester Buchanan; Supervisors, Paul Fischer, and Robert Ewbank; Solicitor, Robert Bernathy and Secretary, Lisa Green. Also present were Roadmaster, William Schneider; Zoning Officer, Michael Rendleman; Building Inspector, Shawn Bolles; Sewage Enforcement Officer, Chris Wood; Bill Koferl, Robert Brown, John Dalton, Larry Paolillo, Corinne Tonkin, Marge Tonkin, Debra Banach and Marilyn Rosenthal. Chairman, James Muir and Supervisor, Raymond Banach were not present.

AGENDA: The agenda was approved with all in favor.

PUBLIC COMMENT: None

OLD BUSINESS: None

NEW BUSINESS:

Chris Wood Sewage Regulations: Chris Wood addressed the board with regard to the following information relating to new sewage regulations. Mr. Wood said the good news is the proposed sewage regulations (chapter 71a, 72a, and 73a) have been officially withdrawn by DEP.  They expect to rewrite them and resubmit them through the regulatory process in about 18 to 24 months. The bad news is that recently the Environmental Hearing Board (an environmental appeals court) issued three decisions that will affect sewage and stormwater activities in the Township.  DEP has reacted to the decision with regional policies designed to prevent stream water degradation in EV and HQ streams.  (All of Pike County is in either an EV or HQ watershed.) Region 1 (SE part of state) and Region 3 (SC part of state) have imposed measures that would increase the average price of a new sewage system by $15,000.  Some could cost even more.  This in addition to maintenance and operation costs estimated to be in excess of $2000 per year. Region 2 (NE part of state) is getting off pretty easy.  DEP’s policy for NE PA is to require each municipality to enact M&O plans. (Also referred to as O&M plans.) Until the municipality adopts a Maintenance & Operations plan, DEP will not approve any planning modules submitted by the municipality. The plan may either be by ordinance or by deed agreement.  Ordinances would be preferable as deed agreements would create too much administrative confusion. The Township may make the ordinance as broad as it wants, but DEP is only going to require that it apply to new structures built on new lots created after a specific date.  That is, the Township does not have to impose M&O on existing structures or structures built on lots that were created prior to that date. The M&O plan must call for the septic tank to be pumped and inspected 1.) at least once every three years or 2.) as needed.  As needed would require that the tank be checked on a regular basis and would result in higher administrative costs.  Therefore, pumping every two or three years would be preferable for the Township.

If the Township adopts such an ordinance, it would be a minimum of three years before the Township would have to take any action.  It is conceivable that 10 years may pass before even 10 houses are affected by the program. The Township’s permit package may already be equipped to administer such a program.  If not, it can be amended with an add-on module. Although DEP has not yet formally conveyed this to the Board, I would suggest that the Board start working to enact the necessary ordinance.  The Board will not want to be caught unprepared when the next planning module is submitted. There is some question regarding the validity of DEP’s interpretation of the EHB decisions.  It is also questionable if DEP has proceeded properly in adopting and implementing these policies.  The Township may wish to pursue legal action, or join others in legal action against DEP.  (And, there will be others pursuing it.)  However, since the DEP policy is fairly inexpensive and non-burdensome, I would suggest adopting an ordinance now and fight after the fact.

Bill Schneider questioned if this will affect anyone that does a subdivision. Mr. Wood answered it would only affect the newly created lots of the subdivision. That is the minimum state requirement. Supervisor Ewbank asked if anyone who has an existing lot is exempt. Mr. Wood answered that was correct. Robert Brown questioned who will be enforcing this?  Mr. Wood answered the secretary would be enforcing it because the sewage maintenance program would be the boards responsibility.

Newspapers for legal advertisement: Vice-Chairman Buchanan stated in the beginning of the year we named the Pike County Dispatch and the News Eagle as official papers, however we have been having problems with the News Eagle. The Times Herald Record has a circulation of approximately 2500 for Pike County. Solicitor Bernathy stated the only law is that it has to be a paper of general circulation in the township. Solicitor Bernathy will research this further and the secretary will get rates for the Record. Marilyn Rosenthal stated at the last meeting two newspapers were named as official papers, questioning if the ads have to be in official papers? Solicitor Bernathy stated the township doesn’t need to designate official papers. The municipalities do that, however it is not necessary. Vice-Chairman Buchanan said it is done so the residents know where to look for legal ads.

Kuharchik Signal Proposals: Bill Schneider stated the proposals have gone up somewhat from last year. Solicitor Bernathy asked what we have designated in the budget. Mrs. Green said traffic signal maintenance is not designated in the budget. Most of the signals are paid out of escrow funds from the developers. The only light the township pays for is the Best Western light and that was not a significant cost in 2009. Mrs. Green stated there is one proposal for preventative maintenance for $822.00 per intersection which the township has not participated in before. Vice-Chairman Buchanan stated we will remain reactive as opposed to proactive.

Liquid Fuels Report: Mrs. Green stated this report was prepared by Myer & Myer. The report needs to be signed by three supervisors and filed by the 31st of January, 2010.

Office of Public Safety Radio Services- Site Location / Master License Agreement: Vice-Chairman Buchanan stated the gentleman from the state was here several times regarding the pole that they want to put on Cummins Hill Road. The first site was supposed to go on Fire Tower Road, but the site was not in our township. The next site they selected was Cummins Hill Road and that is in a residential zone. Solicitor Bernathy stated he let Mr. Moore know that there was a zoning issue and they could pursue a variance but there was no guarantee. Vice-Chairman Buchanan directed the secretary to call Major Watson who is now handling the project and update him on the matter. Robert Brown said his father in law has a piece of land off of Pine Hill Farm Road that they could use. Vice-Chairman Buchanan stated that they come with their equipment that finds the best locations in the area. Bill Koferl asked if they were aware there is a tower on Cummins Hill Road that is probably for sale that they would be able to use.

HIGHWAY DEPARTMENT:

BUILDING / ZONING:

SUBDIVISION REVIEW AND ACTION:

Adjournment: Meeting adjourned at 7:47 pm on a motion by Supervisor Ewbank, seconded by Supervisor Fischer. Motion carried with all in favor.

Respectfully submitted,

Lisa A. Green

Secretary

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