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Supervisors Minutes Public Hearing June 5, 2012

Westfall Township, Matamoras, PA

June 5, 2012

A public hearing was held on Tuesday, June 5, 2012 for the purpose of taking public comment on the proposed Fire Loss Ordinance forWestfall Township. The meeting was held at the Westfall Township Building onDelaware DriveandLaBarr Lane,Matamoras,PA18336at 7:30 p.m.

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, Valerie Pedone, Mary Smith, Dr. & Mrs.  Waldman, Mr. & Mrs. Robert DiLorenzo, Don Quick, Jolie DeFeis and approximately 27 members of the general public.

Solicitor Bernathy stated this ordinance has been advertised for public hearing at 7:00 PM however the board was in executive session and it is now 7:30 PM. In any event the ordinance has been advertised and the proposed ordinance is an ordinance of Westfall Township pursuant to act 98 of 1992 providing that in fire losses the insurance company, association or exchange shall transfer insurance proceeds to a designated officer of Westfall Township as a portion of the insurance proceeds to be held as security against the total cost of removing, repairing or securing the damaged structure, providing for fees, providing for penalties for violation and establishing procedures and requirements regarding insurance proceeds and to the implementation of Act 98 of 1992, as amended by Act 93 of 1994 inWestfall Township.

Solicitor Bernathy opened the floor to public comment.

Karl Flail asked if his house burned down and he has access to his insurance company does that mean that the town has access to his insurance funds. Solicitor Bernathy said yes that is the case. That is what this ordinance is about to see that the properties are cleaned up. That is if they are not implemented accordingly.

Solicitor Bernathy said we want to make sure that properties are cleaned up in that blight is managed. Further stating there are claims out there that are not honored and there’s no way for the Township to get money to help clean up the property. Mr. Flail questioned if it affects properties that are decades old and the owner has just disappeared. Solicitor Bernathy said no because there is no entity to get the money from.

Bob Bostinto asked if the money would be placed in an escrow account. Solicitor Bernathy said yes and the insurance proceeds will be held as security and used to repair or replace the home.

Public hearing closed at 7:33 pm on a motion by Supervisor Flansburg. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.

Respectfully submitted,

Lisa A. Green

Secretary

Supervisors Minutes April 3, 2012

WestfallTownship, Matamoras,PA

April 3, 2012

The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, April 3, 2012

at 7:00 pm. The meeting was held at theTownshipBuildingonDelaware Drive and LaBarr Lane,WestfallTownship.

Those present were Chairman,Robert Ewbank, Vice-Chairman,Paul Fischer; Supervisors, Raymond Banach,Larry Flansburg, andRobert Melvin; Solicitor, Robert Bernathy and Secretary,Lisa Green. Also present were Treasurer,Scott Myer; Building Inspector,Shawn Bolles; Zoning Officer, Mike Rendleman; Police Chief, Chad Stewart; Roadmaster, Bill Schneider; Luis Bocaletti, Jay Edwards, Lisa Mickles, Twila Decker, Jerry Dotey, Nate Oiler of R.K.R. Hess, Jonah, Mandelbaum and approximately 13 members of the general public.

AGENDA: The agenda was amended to add litigation to the executive session. Supervisor Flansburg moved to approve the agenda. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.

Public Comment: Jerry Dotey from Mill Rift said that last night he met with Michael Green who is opening Jakes Wayback Burgers in theWestfallTownCenter and he said that he saw a completely different man than the one he met a year ago who was so excited to be opening a business. Mr. Green seemed despondent now saying that his plans and drawings were being sent toArizona and he was being held up. Further stating that every time he turned around there was a new charge for something else. Mr. Dotey said here is a man who wants to come and open a business and hire people from around here and it’s taking a year to open. He sees tobacco stores opening in six weeks all around us, asking what is the difference. Chairman Ewbank said he knows they go to a third party inArizona. Mr. Dotey asked whyArizona? Shawn Bolles said the third party plan reviewer who we have been using for sixteen years has a ten day turn around time and the ICC does plan reviews in 30 days. Further stating that the applicant chose to do deferred submittals which meant they wanted the permit reviewed and issued so that they could do the walls first, than a month later do the underground plumbing, than mechanical, than electrical system etc. They were told back in September that doing the review this way would be a nightmare for them but they decided to do it that way with deferred submittals. Mr. Green said his architect had been jerking him around since July. Mr. Bolles said the smoke shops have everything on their plans at one time and have the plans reviewed at one time.  Mr. Bolles further said he had decided after this project that we would not accept anymore deferred projects. Supervisor Flansburg said 14 days seems a little long for a plan review. Mr. Bolles said we offer expedited review at an increased cost to the developer if they choose. Supervisor Flansburg asked if this is something our own engineer can review. It is not. He does not have the certifications. Supervisor Banach asked if these drawings are designed by an engineer with a PE Stamp and if we are sending them out to be looked at by an engineer. Mr. Bolles said we are sending them out to be looked at by a certified plan reviewer with a state license. Supervisor Banach also questioned why we were having someone else going out on inspections. Mr. Bolles said because he was out on Medical leave and has been for the last year and a half. Supervisor Flansburg questioned the plumbing that needed to be ripped out. Discussion followed. Supervisor Melvin said he felt we should do everything that we can do to expedite the openings on these stores. Mr. Bolles said we are doing that. Supervisor Melvin questioned if we can use a firm inPennsylvania and streamline the process. Supervisor Melvin asked if it was 30 days each time they came in with new plans. Mr. Bolles answered yes technically it is. Chairman Ewbank said that is 30 business days. There was no more public comment.

MINUTES: The Minutes of the March 6, 2012 regular meeting were approved on a motion by Supervisor Banach. Motion is seconded by Supervisor Melvin and carries with all in favor.

Minutes of March 21, 2012 workshop meeting were approved on a motion by Supervisor Flansburg. Motion is seconded by Supervisor Melvin and carries with all in favor.

TREASURER’s REPORT:Scott Myer gave the treasurer’s report for March stating that this time of year is slow financially. Tax money starts coming in in April. We are where we expect to be this time of year. Supervisor Flansburg said we would like to speak to Mr. Myer after the meeting if he could stick around. Supervisor Melvin said we spent 20% of the budget through 25% of the year. This is a good thing. Discussion followed. 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 March stating there were 6,711 miles patrolled for the month and 190 calls for service. Chief Stewart said they did a few traffic studies for speed. Two of the roads done wereCummins Hill Road and theOld Milford Road. They found cars doing 65 plus onOld Milford Road and have been enforcing that road based on the traffic studies. The department is using a radar box which shows the lanes, date, time, and speed. This data is printed on a graph and is available to the Supervisors. Chief Stewart said they’ve also been doing constant patrols on the bike tunnel and did some investigating and found that there is a geocaching site in the tunnel. There are 176 people that found the site and 16 people did not. This is bringing a lot of traffic to the area. Chief Stewart said he found a lot of people who walk to work and he does not see any reason to close the tunnel. He looked into getting cameras but did not get a quote back yet, however he was told that it was going to be expensive because they do not have a line of sight from the tunnel to the police department and they do not have a direct connection. Chairman Ewbank asked if the Chief could give us any information on the robberies that happened onCummins Hill Road.  Chief Stewart said they put out a Nixle alert. There were two burglaries, one at the top of the hill and one at the bottom and there was a vehicle broken into as well. Chief Stewart said they are following up on several leads and they are processing evidence from the scene. Supervisor Flansburg said they are getting a lot of positive comments about the tunnel and people are feeling really good about it and asked the Chief if the department can keep on doing that until we can get the answers. Also questioned on the back road toMilford if we are thinking it is kids getting out of school beating the school bus. Chief Stewart said it is around after school hours and the four people that were cited were young adults. Supervisor Banach said he wanted to thank the Chief also for taking care of that stating it is also nice to have the police presence there. Supervisor Banach said the Westfall Township Police Department was formed in the 1960’s because of a burglary in Mr. White’s house on Cummins Hill. Supervisor Banach said the more we see the Police department out there the more we like them. Chief Stewart said they are trying to keep a happy medium. Supervisor Banach moved to approve the report. Motion seconded by Supervisor Flansburg and carried with all in favor.

FIRE DEPARTMENT: Luis Bocaletti gave the Westfall Township Fire Department Report for March reporting 2 Mutual Aid structure fires, 2 Commercial Auto False Alarms, 1 Standby, 3 Motor Vehicle Accidents, 1 Vehicle Fire, 2 Mutual Aid to 32, 1 Smoke Investigation, for a total of 13 calls for the month. There were 40EMS calls for the month, 28 in Westfall, 11 covering squad 33, 1 covering squad 26. Supervisor Flansburg asked to speak to Mr. Bocaletti after the meeting and asked if he had the numbers for the Hepatitis C tests. Mr. Bocaletti will get them to us. Supervisor Melvin commented on the fundraising event the fire department was going to have on April 13, 2012. Mr. Bocaletti said it is a take out dinner only and tickets are on sale for $10.00 each.

Jay Edwards gave the Mill Rift Fire Department report stating they did driving training for the month of March. Their monthly meeting was 3/13, they prepped trucks on 3/20, had a controlled burn along theDelawareon 3/21 and assisted atMatamorasAirportParkon 3/24, and the township on 3/28. They had 260.5 man hours for the year. Supervisor Melvin questioned if the two fire departments met this past month. They did. Supervisor Flansburg said he will brief Supervisor Melvin after the meeting. Motion to approve the reports made by Vice-Chairman Fischer. Motion seconded by Supervisor Melvin and carried with all favor.

HIGHWAY REPORT: Bill Schneider gave the report for March stating that they worked on Heater’sHill Road,Sand Pit Road,Old Milford Road andSchneider Lane by Luhr’s. They worked on pot hole repair and cold patch on various township roads, as well as working on removal of anti-skid and loose stones from intersections around the township. They performed regular maintenance on the composting facility, and serviced the 2008 Freightliner Dump Truck and 2008 Chevy Pick-Up. The men also worked on Glass House Hill Estates replacing culverts with new plastic pipes and cleaned and redefined ditch area and shoulders on Glass House Hill. Mr. Schneider sent a letter to Jean Pomager of the Delaware River Joint Toll Bridge Commission for possible use of their broom inWestfallTownship. They will be assisting us with their broom.  Lisa Green and Mr. Schneider composed and sent a letter to Steve Cunningham from Jacobs Engineering on the 6 & 209 upgrade project; who passed it on to the other engineering firms involved with this and is coordinating what items have already been addressed and will tweak the letter, make recommendations as to how the letter should be addressed. Mr. Schneider spoke to a representative from the Nelson Tree Service about the disposing of wood chips at the compost area. He wanted to know if the chip material was from Westfall or Matamoras if it could still be disposed of in the compost area. Lisa Greencontacted a representative from Home Depot and they said that they would do the painting of the tunnel sometime in May. Mr. Schneider attended the Road Task Force meeting.  Lisa Greensaid “Team Depot” is going to come in and paint the tunnel in May or early June. Joe Popowycz Manager of Home Depot will be at our May 1st meeting and said they are having the paint donated so it will not cost the township anything. They will have a certificate of liability insurance dropped off. Supervisor Flansburg questioned Mr. Schneider about the tree company and if we are getting chips from outside sources. Supervisor Melvin asked if we have heard anything from the FEMA representative. We have not. Supervisor Melvin also questioned if we have a lot of winter material left over going into next year. Mr. Schneider said he has to check. Supervisor Banach moved to accept the report. Motion is seconded by Vice-Chairman Fischer and carried with all in favor.

BUILDING/ZONING REPORT: Mike Rendleman gave the report for March reporting six building permits, one sign and two zoning permits, with fees of $ 1,668.00. Motion by Supervisor Banach to accept the report. Motion is seconded by Supervisor Melvin and carries with all in favor.

CORRESPONDENCE: On dais for review.

OLD BUSINESS:

PA DCNR Greenway Plan: Chairman Ewbank said Nicholas Dickerson was here from the County and explained what they are looking for which is a commitment of in kind contribution of hours. They are not looking for monetary support. Supervisor Banach moved to send a letter of support. Motion is seconded by Supervisor Flansburg and carries with all in favor.

Shredding Services: Chairman Ewbank said he andLisa Green met with Mike Wincovitch of Cintas to discuss the shredding of documents either on site or offsite. Supervisor Banach said we had discussed this at our workshop also. Chairman Ewbank said they have an option of leaving a 65 gallon container here on a 12 week cycle. If we are not ready to have it picked up we could postpone it. Robert Bostinto asked who from the Township would certify that the documents were destroyed. You would have to have someone verify it. The supervisors decided to have it done on site and said the Secretary would most like verify it. Mr. Bostinto asked if the township had a document retention policy. We do. Supervisor Banach moved to hire Cintas to perform the on site destruction of documents. Motion is seconded by Supervisor Flansburg and carries with all in favor.

Alternate Attorney ZHB: Chairman Ewbank said at our workshop we had interest from Tony Magnotta to be our Alternate Attorney at a rate of $125.00 per hour and since then we have had interest from Eric Hamill who said he would serve at the rate of $100.00 per hour. Chairman Ewbank said Douglas Jacobs said in twenty years of serving as Zoning Hearing Board Solicitor he has only had one conflict and Anthony Waldron has agreed to do that hearing at $100.00 per hour for that case. Supervisor Banach moved to hire Eric Hamill at a rate of $100.00 per hour. Motion is seconded by Vice-Chairman Fischer and carries with all in favor. The secretary will send a letter to Attorney Hamill notifying him of his appointment.

Composting Facility: Supervisor Melvin said this was discussed at the workshop, we are trying to figure out a way to police the facility. Supervisor Banach said back in 2009 a load of chips for a commercial company was $20.00 per mason dump and $30.00 for a larger truck. According to the minutes the secretary sent a letter to Matamoras Borough notifying them of the fees. Supervisor Banach asked Mr. Myer if he knew how much had been collected for the composting facility. He did not know. Mrs. Green said it was not a lot. Discussion was held. Supervisor Banach suggested using some money from the road department budget to hire someone to man the gate while they are watching for people to come in. Mr. Schneider said he does need to be careful with his budget because he has a lot to accomplish in the upcoming months where he will need an extra man.  Mrs. Green said she knows that several businesses are not paying and she has called a few but they have not come in and paid. Supervisor Melvin said the first step may be to send a letter. After further discussion the Supervisors decided to close the compost facility on Monday, Tuesday and Wednesday and open it Thursday, Friday and Saturday from 9:00 am to 5:00 pm. This will take place from Monday, April 30th through Saturday, May 12th. This change will be posted on the website. Supervisor Flansburg moved to change the regulation for the compost facility. Motion is seconded by Supervisor Banach and carries with all in favor.

Draft Road Use Maintenance Agreement: Tabled

NEW BUSINESS:

Pike County PennDOT / Conservation Meeting May 4th 9-11 RSVP by April 16th: Chairman Ewbank said he will attend as Emergency Management Administrator and Bill Schneider will attend as Roadmaster. The secretary will notify PennDOT.

 Employee Working Hours: Tabled.

 Employee Policy Manual Correct Medical Benefits: Supervisor Banach said it was brought to our attention by a part time employee that a correction needs to be made to our employee policy manual to correct medical benefits with regard to regularly employed employees. It was stated that this language needs to be stricken from the policy manual and the Supervisors will amend the policy manual at a later time.

Abatement of Taxes: Palestra Milford: Lisa Green said a correction is being made. They were being taxed for the Dialyses Center. This is part of the Milford Landing Property. Supervisor Banach moved to approve the abatement of taxes. Motion is seconded by Supervisor Flansburg and carries with all in favor.

 Additional Assessment: Biasbas, Betty C. Trust: Lisa Green said this is also a correction of an additional assessment. Supervisor Banach moved to approve the additional assessment. Motion is seconded by Supervisor Flansburg and carries with all in favor.  

 Rental of Downstairs Office Space: Chairman Ewbank said there is a letter from Faith Family Fellowship requesting the rental of the municipal building. They had met previously in the Milford Borough hall from 2010 – 2012 as part of the Lost & Found Bible church. Supervisor Flansburg asked Matt Osterberg if there was any reason why we would not rent to them. Mr. Osterberg said no. Supervisor Banach asked what they paid in rent. Mr. Osterberg said they paid $5.00 per hour. Chairman Ewbank said they want to use the building two hours per week. Supervisor Flansburg said he has no problem with them using it. Solicitor Bernathy said this must be subject to the execution of a lease and a certificate of insurance. Discussion was held regarding the amount to charge for the lease and whether they would have their own keys. The supervisors said they needed to cover their expenses. The amount of $20.00 for two hours was agreed upon. Jay Edwards asked if there is maximum occupancy for the downstairs. Solicitor Bernathy said there are provisions in the lease that would address that. Supervisor Flansburg moved to approve the rental for $20.00 per day each Sunday between 10:00 am – 12:00 pm. Motion is seconded by Supervisor Melvin and carries with all in favor.

 Nate Oiler R.K.R. Hess / Westfall Senior Apartment Project: Nate Oiler of R.K.R. Hess introduced Mr. Jonah Mandelbaum of Warwick Properties, Inc. and said they wanted to address the board to give them some information regarding the Westfall Senior Apartment Project which they felt would be beneficial to the township to provide affordable senior housing. Solicitor Bernathy said the record will reflect that this is informal, the Supervisors are not bound by any representations that are made and Mr. Oiler is not to rely upon them going forward. Solicitor Bernathy further stated that he does not want there to be any misunderstanding regarding our prejudging what would amount to be our terms and conditions of the townships ordinances. Asking do we have an understanding. Mr. Oiler and Mr. Jonah Mandelbaum said yes we do. Mr. Oiler said the site that has been selected is the Paddlers Point Phase II and Mr. Mandelbaum has an agreement to purchase five acres of that site. He has looked all overPikeCounty for a site and has found this spot. This meets all the criteria of the PA Housing Finance Agency. The issue they have is that there are two types of senior housing that are permitted in our zoning ordinance. An independent living retirement center and an age restricted housing. The project they are proposing is somewhat of a combination of the two and also is an increased density because we are a one bedroom apartment and the units are small. They are proposing .7 spaces per dwelling unit for parking and in Mr. Mandelbaum’s experience this tells him it is enough. Not everyone has a car. They are trying to keep down the impervious area and be consistent with cluster housing and conservation and subdivision design. Maximum building height is 35 feet it is a 3 story building. Age restriction is 55. However, it does require zoning relief. Solicitor Bernathy asked what type of zoning relief a variance? Questioning Mr. Rendleman if a use is not specifically provided for it is a conditional use by definition. Mr. Rendleman answered yes. Solicitor Bernathy said it is not the up to the Supervisors to fashion some type of regulation to suit this particular use. They may need to get a zoning variance or come forward for a conditional use. Supervisor Banach asked how you monitor the age. Mr. Mandelbaum answered it is very simple. It is handled through the management team. Discussion was held about finances and what people earn. Mr. Mandelbaum said no one knows who makes more or less. All tenants are treated equally. Supervisor Fischer questioned how this differs from Heritage Pointe. It differs somewhat in that there would be different income limits and different qualification limits. This project may be able to get lower rents. Chairman Ewbank questioned what would happen if grandchildren want to come to visit. Mr. Mandelbaum said they would have a three night maximum. The management and the neighbors would monitor that. Mr. Gregory says he has experience with the Port Jervis facility and it is an excellent facility and is very well maintained. Supervisor Flansburg asked about flooding and said if they have no cars how will they evacuate. Mr. Mandelbaum said they will work out an evacuation plan with the fire department.

Supervisor Flansburg decided to have a meeting on April 26, 2012 to discuss the Westfall Senior Apartment Project. Motion is seconded by Supervisor Melvin and carries with all in favor.

 SUBDIVISION REVIEW AND ACTION: None

EXECUTIVE SESSION:  Called at 8:37 for Personnel and litigation.

ADJOURNMENT: Meeting was adjourned at 9:18 pm on a motion by Supervisor Melvin. Motion seconded by Supervisor Banach and carried with all in favor.

Respectfully submitted,

Lisa A. Green, Secretary

Supervisor’s Annual Reorganization Meeting 1/3/2012

TO:    The Auditors of Westfall Township, Pike Co., PA

FROM:  Board of Supervisors, Westfall Township, Pike Co., PA

RE:    Supervisor’s Annual Reorganization Meeting 1/3/2012

The Supervisors of Westfall Township held their Annual Reorganization Meeting on Tuesday, January 3, 2012 at the Westfall Township Municipal Building and the following Officers were elected.

Temporary Chairman: Supervisor Fischer moved to appoint Robert Ewbank as Temporary Chairman. Motion was seconded by Supervisor Banach and carried with all in favor.

Temporary Secretary: Supervisor Flansburg moved to appoint Lisa Green as Temporary Secretary. Motion is seconded by Supervisor Fischer and carried with all in favor.

Chairman of the Board: Robert Ewbank – The position of Chairman was approved on a motion by Supervisor Fischer, seconded by Supervisor Melvin. Motion carried with all in favor.

Vice-Chairman: Paul Fischer – The position of Vice-Chairman was approved on a motion by Supervisor Ewbank, seconded by Supervisor Melvin. Motion carried with all in favor.

Supervisor Pro Tem: Raymond BanachThe position of Supervisor Pro Tem was approved on a motion by Supervisor Fischer, seconded by Supervisor Melvin. Motion carried with all in favor.

At this meeting, the Supervisors appointed and filled the following positions.

 

Secretary: Lisa Green – Salary shall be set at the rate of $ 37,675.00 yearly. Hours are 8:00 am – 4:00 pm daily including Supervisors Meetings.  Mrs. Green’s appointment made upon motion of Supervisor Fischer, seconded by Supervisor Melvin. Motion carried with all in favor.

Treasurer: Scott Myer – Compensation set at $21,300 yearly. Mr. Myers appointment made upon motion of Supervisor Banach, seconded by Supervisor Flansburg. Motion carried with all in favor.

Supervisors Meetings: The Supervisors set the following schedule for regular meetings for

the year 2012. Regular meetings will be held on the first Tuesday of each month. Motion to approve schedule made by Supervisor Banach, seconded by Supervisor Melvin. Motion carried with all in favor.

Special Meetings: The Supervisors set two special meetings to be held on Monday,

November 19, 2012, and Wednesday, December 19, 2012, for the purpose of adopting the tentative budget and actual budget for the upcoming year. Motion to approve schedule made

by Supervisor Fischer, seconded by Supervisor Melvin. Motion carried with all in favor.

 

Supervisors Workshops: Supervisors Workshops will be scheduled as needed.

Designated official Bank Depositories for all Township funds shall be with the Citizens Bank, Wachovia Bank, Pennstar Bank, Wayne Bank, P.N.C. Bank, the Pennsylvania Local Government Investment Trust, Honesdale National Bank and Dime Bank. Motion to appoint banks stated made by Supervisor Banach, seconded by Supervisor Flansburg. Motion carried with all in favor.

 

Board of Vacancy Chairman:  Vacancy

Township Solicitor: Robert Bernathy – Salary shall be at the rate of $100.00 per hour for attendance at a Regular or Special Township meeting and Workshops. All development work is reimbursed by the developer prior to final approval. Payable from the Township General Fund. Motion to appoint made by Supervisor Melvin, seconded by Supervisor Fischer. Motion carried with all in favor.

Planning Board Solicitor:  Robert Bernathy  – Salary shall be at the rate of $100.00 per hour for attendance at a Regular or Special meeting or Workshop of the Planning Board. Payable from Township General Fund. Motion to appoint made by Supervisor Ewbank, seconded by Supervisor Flansburg. Motion carried with all in favor.

Township Engineer: There were seven proposals received from various engineers that were only given to the supervisors on Tuesday. The board discussed tabling this item until the next meeting. Supervisor Banach suggested that each supervisor go over the proposals and select 2 or 3 and contact the secretary to set up interviews. Supervisor Banach moved to appoint Kiley Associates on a temporary basis. Motion is seconded by Supervisor Fischer and carries with all in favor.  

Zoning Hearing Board: 3 year term

Member –  Vacancy – January 1, 2012 – December 31, 2014   Ann Marie Catalano

Alternate – Vacancy            – January 1, 2012 – December 31, 2014

Alternate – Vacancy – January 1, 2012 – December 31, 2012

Motion to appoint Ann Marie Catalano made by Supervisor Fischer, seconded by Supervisor Flansburg. Motion carried with all in favor.

Planning Board: 4-Year Term

Member – January 1, 2012 – December 31, 2015  William Mullery

Member –  January 1, 2012 – December 31, 2015   Marge Tonkin

Member –  January 3, 2012 – December 31, 2012  Joseph Banach

Motion to appoint  William Mullery, Marge Tonkin and Joseph Banach is made by Supervisor Banach, seconded by Supervisor Flansburg. Motion carried with all in favor.

Auditors: 6-year term  –  One Vacancy

January 1, 2012 – December 31, 2012       Elaine Shewchuk

Motion to appoint Elaine Shewchuk is made by Supervisor Flansburg. Motion is seconded by Supervisor Banach. Motion carried with all in favor.

 

Building Appeals Board: 3-year term

January 1, 2012 – December 31, 2014   Allen Johns

Member –  Vacancy   January 1, 2012 – December 31, 2013

Member – Vacancy   January 1, 2012 – December 31, 2014

Member – Vacancy  January 1, 2012 – December 31, 2015

Motion to appoint Allen Johns made by Supervisor Fischer. Motion is seconded by Supervisor Banach and carries with all in favor.

Municipal Authority: 5 year term  –  January 1, 2012 – December 31, 2016 Ellsworth Smith

 

Motion to appoint Ellsworth Smith to a five-year term is made by Supervisor Banach                       seconded by Supervisor Fischer. Motion carried with all in favor.

 

Zoning Hearing Board Attorney: Douglas Jacobs – Salary of $100.00 per hour payable from Township General Fund, as required. Motion to appoint made by Supervisor Melvin, seconded by Supervisor Ewbank. Motion carried with all in favor.

 

Alternate Zoning Hearing Board Attorney: Anthony Waldron – Salary of $100.00 per hour payable from the Township General Fund, as required. Motion to appoint made by Supervisor Banach, seconded by Supervisor Fischer. Motion carried with all in favor.

 

Building Appeals Board Attorney: Douglas Jacobs – Salary of $100.00 per hour payable from

Township General Fund, as required. Motion to appoint made by Supervisor Ewbank, seconded by Supervisor Melvin. Motion carried with all in favor.

 

Police Commission: 2-Year Term – Two Appointments Needed.

1/1/2012 – 12/31/13  Supervisor Melvin moved to nominate Supervisor Fischer. Motion is seconded by Supervisor Ewbank. Motion carried with all in favor.

1/1/2012 – 12/31/13  Supervisor Fischer moved to nominate Supervisor Melvin. Motion is seconded by Supervisor Flansburg. Motion carried with all in favor.

Open Records Officer: Lisa Green – Motion to appoint open records officer made by Supervisor Fischer, seconded by Supervisor Banach. Motion carried with all in favor.

Voting Delegate to the State Convention: May 6 – 9, 2012 Hershey, PA. Supervisor Melvin nominated Supervisor Flansburg. Motion is seconded by Supervisor Fischer and carries with all in favor.

 

Upper Delaware Council: 1 – Year Term – 1/1/2012 – 12/31/2012        Alex Cena

Motion to appoint Alex Cena made by Supervisor Banach. Motion seconded by Supervisor Flansburg and carries with all in favor.

 

Planning Board Meetings:  Shall be held the fourth (4th) Tuesday of every month at 7:00 PM. Motion by Supervisor Banach to approve schedule, seconded by Supervisor Fischer. Motion carries with all in favor. Motion carries with all in favor.

Planning Board Workshops:  Shall be held the second (2nd) Thursday of every month at 7:00 PM. Motion by Supervisor Ewbank to approve schedule, seconded by Supervisor Fischer. Motion carried with all in favor.

 

COG Representative: Supervisor Fischer moved to appoint Lisa Green as Council of Governments representative. Motion is seconded by Supervisor Melvin and carries with all in favor.

 

Road Task Force Representative:  No appt needed at this time. Albert Schneider is appointed.

 

Official Newspapers: A motion was made by Supervisor Flansburg to designate The News Eagle, and the Pike County Dispatch as official papers. Motion is seconded by Supervisor Banach and carries with all in favor.

 

Adjournment: Supervisor Fischer moved to adjourn at 7:24 pm. Motion is seconded by Supervisor Melvin and carries with all in favor.

Special Meeting January 10, 2012

January 10, 2012

The Westfall Township Board of Supervisors held a Special Meeting on Tuesday, January 10, 2012 at

7:12 p.m. 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 Scott Myer, Michael Rendleman, Shawn Bolles, Bill Schneider, Luis Bocaletti, Chad Stewart, Eric Stewart, John & Elaine Shewchuk, Debra Banach, and Sharlene Flansburg.

 

Chairman Ewbank apologized for the meeting starting late and announced that the board was in executive session for personnel.

 

Agenda: Agenda was amended to add the sale of the Sewer Authority.  Motion to approve the agenda was made on a motion by Supervisor Flansburg, seconded by Vice-Chairman Fischer. Motion carries with all in favor.

 

Public Comment:  None

 

New Business: 

 

Consideration of 2012 Budget Amendment: Solicitor Bernathy asked if there are any motions on the floor amend the budget. The board decided to move this item to the end of the agenda.

 

Zoning Hearing Board Appointment – John Shewchuk: Supervisor Flansburg moved to appoint John Shewchuk to the Zoning Hearing Board. Motion is seconded by Supervisor Banach and carries with all in favor.

 

Marcellus Shale Task Force Planning and Government Committee Appointments: Supervisor Ewbank offered to fill in for the interim until someone else steps forward and asked if Supervisor Banach would be the alternate. Vice-Chairman Fischer moved to appoint Chairman Ewbank as member and Supervisor Banach as alternate. Motion is seconded by Supervisor Flansburg and carries with all in favor.

 

November Meeting Date: Chairman Ewbank said our November meeting date falls on Election Day, therefore the date needs to be changed. After some discussion it was decided to change the date to Thursday, November 8, 2012. Vice-Chairman Fischer moved to select that date. Supervisor Melvin seconds the motion. Motion carries with all in favor.

 

Re Signing of Monroe Optical Lot Improvement Maps: The board will sign them after the meeting.

 

Sale of Municipal Authority: Bill Schneider said Herbert, Rowland and Grubic would have to come up with a value and that there is always a problem because there is reserved gallonage for the Katz property. Plus we are using the grants to run the lines down Rose Lane. Supervisor Banach asked if the extra gallonage is gone forever or is it still marketable. Mr. Schneider said it is gone and there is a letter to that effect. Right now we have 374 gallons per day but the 820 per day is gone. Mr. Schneider said the 374 gpd is actually quite a bit. Supervisor Banach questioned if it is sold if a private person can go through the red tape to get it back. Mr. Schneider said it would be a big investment for a private individual. Supervisor Banach said he would like to get a value for it and see if we could sell it. Mr. Schneider said it is not a bad idea but they would like to wait until they are done in 2012 with the project. Lisa Mickles asked if the board is considering selling the sewer treatment plant. Supervisor Flansburg said yes that is the idea. Adding if we could do something to relieve the Katz tax or pay off some loans or something like that it would be the idea behind it. Supervisor Banach moved to have the Municipal Authority appraised. Motion is seconded by Supervisor Flansburg and carries with all in favor.

Vice-Chairman Fischer moved to amend the agenda to add Township Engineers. Motion is seconded by Supervisor Banach and carries with all in favor.  

 

Township Engineers: Chairman Ewbank said we have seven proposals for township engineer and asked the board what their feelings were. Supervisor Banach would like to interview Kiley Associates. He has knowledge with them through the Conservation District. Chairman Ewbank would like to interview Al Handy stating he has worked for the township before with HRG. He knows the township and the Planning Commission has recommended him. Vice-Chairman Fischer asked to interview McGoey, Hauser and Edsall. Discussion was held regarding the date and time of the interviews and the way in which they will be conducted. Vice-Chairman Fischer moved set the time and date of the executive session for the purpose of the interviews for Tuesday, February, 7, 2012 beginning at 6:00, 6:15, and 6:30 pm. Marge Tonkin, Chairperson of the Planning Commission will be in attendance. Motion is seconded by Supervisor Melvin and carries with all in favor.

 

2012 Budget Amendment: Chairman Ewbank said we are back to item one, consideration of the 2012 budget amendment. Supervisor Banach asked if there was a way to move some stuff around to give more service and have a third person on the road department even if it is not full time; saying that our roads are falling apart and we are required by law to maintain them. Supervisor Banach feels we should move some stuff around and find some money. Chairman Ewbank asked if he wants to find money tonight. Supervisor Banach asked if the Police Department can do without that 15th guy. Chief Stewart said they will do whatever the board asks them to do but it will make the overnight shifts difficult to staff. Supervisor Flansburg asked about 10 full time officers. Supervisor Melvin said that is assuming the extra full timer is hired. Supervisor Flansburg said he heard at a meeting that a grant ran out and they are looking to cover the chief’s salary. Chief Stewart said that was not true that his salary is covered. Discussion followed. Supervisor Flansburg asked where it is going to stop and where are we now from the point when the regional department was first formed. Questioning at what point in time will the police department stop asking for money. Chief Stewart said this is the first year in five years that they have asked for more money. Supervisor Flansburg said there is a growing concern with the public who are not happy with the police department. Further discussion followed regarding the police department. Assistant Chief Stewart added that each municipality saved a great deal the first several years since they merged. This is the first year that they have come to the municipalities for additional money. Supervisor Melvin asked what the fines have been running at historically. Supervisor Ewbank questioned the status of the Bill in Harrisburg regarding the Police Tax. Stating that if that comes and we didn’t have a department we would be paying a whole lot more for State Police coverage. Chief Stewart asked for the unhappy people to come to the Police Commission meetings so that their concerns can be addressed. Vice-Chairman Fischer said that letters will be going out to other municipalities to offer them to join the department which will reduce all the municipalities’ budgets. Supervisor Melvin asked the board of Milford Landing and they favored the additional police officer in the budget 3-1 especially with all the new commercial activity.   Supervisor Banach said the overall consensus of the board (not speaking for them) is that we need to be at 14 mills. We need to lessen the impact in the community. Everyone has to pitch in. Further discussion followed regarding the 24 hour police coverage. Assistant Chief Stewart said it is part of their mission statement to make sure they are doing the very best they can. Supervisor Flansburg asked that we keep the lines of communication open. Lisa Mickles asked the difference in the budget from last year to this year $41,368. It was stated that the Milford Borough budget needed to be increased for the Police Department. Chairman Ewbank said we haven’t raised taxes, we have kept the budget level for the past few years and have cut as much as we could stating there is only so much you can do. Discussion followed regarding the joining of other municipalities to the police department. Supervisor Banach said there are departments that we need to look at because we can not get bills for $100,000.00 for the roads. Bill Schneider said they need to take another road inspection. Supervisor Melvin said we can make it a commitment to try to get a third person in June or July or even next year. Further stating that although we are looking at the budget now, we need to manage our money accordingly. Supervisor Ewbank asked what they have to do to go back in and look at the Earned Income Tax again, stating it was booted out because everyone did not know what it was all about. Solicitor Bernathy said he would really like to present it again. He gave an opinion letter and that was put on the back burner. Supervisor Banach said the School District will then take a percentage. Discussion followed. Solicitor Bernathy will give the new Supervisors the estimated income which is approximately $180,000.00. Solicitor Bernathy said it is commonplace for the municipalities to implement it. We are in the minority for not having it. We can ultimately drop real estate taxes approximately 4 mills. Solicitor Bernathy further stated he would really like to with Mr. Myers assistance bring it to the Board’s attention again and show the board the money it generates and more importantly how it provides for a more evenly distributed tax among people who use the township. Stating that the tax burden is upon the property owners and there are so many other people using the townships roads. Supervisor Flansburg asked if the EIT would get rid of the Katz Tax. Solicitor Bernathy said probably not but it would reduce the property taxes. Chairman Ewbank said it may cut more than

4 mills. Further discussion followed. Supervisor Melvin questioned if we can determine how many of our own residents are working in Westfall Township. Supervisor Banach wants to look at each department and see if we can find a savings. Solicitor Bernathy said at this point there is no motion to amend the budget. The supervisors were in agreement to work through the budget and see if there are any savings in there. Chairman Ewbank said it should be clear to everyone that we have not actually gone for a tax increase. Mr. Myer will start researching the EIT again. Supervisor Flansburg questioned why we didn’t move forward with the tax. Solicitor Bernathy said the timing was not right. Supervisor Flansburg said it makes sense if all the other townships are doing it. Further stating it would really help the older and lower income earners if their taxes come down. Debra Banach questioned if there is any other municipality in Pike County that has Earned Income Tax. Solicitor Bernathy answered Lehman Township has an EIT.

 

Bill Schneider said that the Municipal Authority has the ability to obtain grants whereas private individuals would not have that ability. Also the municipal authority does not pay taxes and a private individual would need to.

 

Adjournment: Vice-Chairman Fischer moved to adjourn at 8:17 pm. Motion is seconded by Supervisor Flansburg and carries with all in favor.

 

Respectfully submitted,

 

 

 

Lisa A. Green

Secretary

 

 

Regular Supervisors Meeting – January 2012

January 3, 2012

The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, January 3, 2012

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 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; Building Inspector, Shawn Bolles; Zoning Officer, Mike Rendleman; Bill Schneider, Bill Koferl, Jay Edwards, Mark Spatz, Dan Lawless, Joseph Banach, and approximately twenty one members of the general public.

AGENDA: Supervisor Flansburg asked to add the re-opening of the budget to the agenda. Supervisor Banach moved approve the agenda. Motion is seconded by Supervisor Flansburg and carries with all in favor.

 

Public Comment: None.

MINUTES: The minutes of the December 6, 2011 meeting were discussed. Supervisor Banach would like to have the minutes amended to include Supervisor Muir’s comments about him. Solicitor Bernathy said the minutes should reflect what happens at the meeting as far as who made the motion, who seconded, and who voted. There is no requirement that the minutes are verbatim. Legally the voting is all that is required. Solicitor Bernathy went on to say the board needs to decide on policy of what the minutes should reflect and that they could become very cumbersome for the secretary. Supervisor Flansburg suggested a public apology for the people who had to sit and listen to the comment, stating it has no place on this board. Going on to offer an apology for the language used at that meeting. Supervisor Flansburg then offered Supervisor Banach an apology from the township. Supervisor Banach thanked Supervisor Flansburg and moved to approve the minutes of December 6, 2011. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.

The minutes of the December 21, 2011 meeting were reviewed and approved on a motion by Vice-Chairman Fischer, seconded by Chairman Ewbank. Supervisor Banach abstains. Supervisor Flansburg and Supervisor Melvin were not in office at the time. Motion carried with two in favor and one abstention.

TREASURER’s REPORT: Scott Myer gave the treasurer’s report for December stating that all things considered 2011 was a good year. Income was 10% over budget. Expenses were in line with the budget. As a result of the solid year we were able to pay off a cash flow loan two years early. Supervisor Banach moved to approve the report. Supervisor Melvin seconds the motion. Motion carried with all in favor.

POLICE REPORT: Police Chief Stewart gave the report for December stating that there were 5,693 miles patrolled for the month and 172 calls for service. Chief Stewart reminded everyone to keep their cars locked because there have been people going through cars recently. Supervisor Flansburg asked about the 172 calls for service not adding up with the top report number. Chief Stewart said the 2nd page breaks everything down and that he only gives the number of crimes reported to the FBI. Supervisor Banach moved to approve the report. Motion is seconded by Vice-Chairman Fischer and carried with all in favor.

FIRE DEPARTMENT: Bill Koferl gave the Westfall Township Fire Department Report for December reporting 3 structure fires, 3 mutual aid calls, 3 motor vehicle accidents, 1 smoke investigation, 3 auto alarms for a total of 13 calls for the month, and 301 calls for the year. Total man hours for the year 3,602. There were 42 ambulance calls for the month, total calls year to date 665. Chief Koferl asked permission to attend the three parades in 2012 Port Jervis, Middletown and Holiday in July, October and December. Supervisor Flansburg moved to approve the department going to the parades. Motion is seconded by Supervisor Banach and carried with all in favor. Supervisor Flansburg moved to approve the Westfall Fire Department report. Motion is seconded by Supervisor Banach and carried with all in favor.

Jay Edwards gave the Mill Rift Fire Department report stating that on 12/8/11 they had a monthly meeting, on 12/17/11 they had a Mutual aid in Sparrowbush, 12/18/11 they had a structure fire and on 12/29/11 they ad a drill where they pumped new engine to tanker. They had a total of 42 man hours for the month and 821.25 for the year. The purchased a new “used” 1990 truck at a cost of $20,000.00. Motion to approve the report made by Supervisor Flansburg. Motion seconded by Vice-Chairman Fischer and carried with all favor.

HIGHWAY REPORT: Bill Schneider gave the report for December stating that the department had been out for light snow on 12/7 & 12/8. Robert Howard started work on 12/15/11. They have been clearing culvert pipes and drainage. There was light snow last night that caused them to put material down on Mountain Avenue. They’ve worked on the compost area. Had a tree down on Philips Lane. Mr. Schneider explained that on occasion they take care of Delaware Drive because it is a 3rd rate road for Penn Dot and at times it could take six hours for Penn Dot to get back to that road. Mr. Schneider asked the board if it was okay for the department to continue to take care of Delaware Drive on those occasions. Supervisor Flansburg asked Mr. Schneider’s opinion and whether or not they would be doing it on their way to plow Mill Rift anyway. Supervisor Flansburg said he would not have a problem in that case as it would improve ambulance calls and such. Supervisor Banach asked if Lisa Green should send a letter and have us keep track of how many times we are maintaining the road and possibly keep it even with Penn Dot. Mr. Schneider said he could address it at the Road Task Force. Vice-Chairman Fischer moved to approve report. Motion is seconded by Supervisor Flansburg and carried with all in favor.

BUILDING/ZONING REPORT: Mike Rendleman gave the report for December reporting two building permits, one sign permit and three zoning permits issued with fees of $ 1,192.00. Motion by Supervisor Banach to accept the report. Motion is seconded by Supervisor Melvin and carries with all in favor.

CORRESPONDENCE: On dais for review.

OLD BUSINESS:

Act 47 Monthly Report: Solicitor Bernathy stated that the township is coming up on the two year anniversary of the Federal Bankruptcy Courts signing the order confirming the Townships Bankruptcy Plan as well as the Act 47 Recovery Plan which amounts to final disposition of the bankruptcy plan. The Township is operating within the confines of its budget and continues to meet its financial obligations. The Township continues to provide essential services. Vice-Chairman Fischer moved to accept the report. Motion is seconded by Supervisor Melvin and carries with all in favor.

 

NEW BUSINESS:

Burning Ban Ordinance: Supervisor Banach moved to table the burning ban ordinance until we understand

it a little bit more clearly in regard to enforcement and what is going to be relative to participation and cooperation with Matamoras Borough. Also how this will impact the residents of that area and the taxpayers. Motion is seconded by Supervisor Flansburg and carried with all in favor.
Heaters Hill Emergency Culvert Repairs: The following three bids were received for the Heaters Hill Project. 1) Kobalt Construction, Inc. @ $168,000.00 2) Pioneer Construction Co. Inc. @ $ 77,000.00

3) Morgan Site Contractors LLC @ $62,512.97.  Supervisor Banach asked Scott Myer about funding. Mr. Myer said there is funding for the project. Supervisor Flansburg asked if this would take care of all of the problem areas or just the one part. Mr. Schneider said it will take care of the emergency repairs to the culverts but there are other areas that the township road crew are working on also. Mark Spatz with Herbert, Rowland & Grubic, Inc. explained the project and how it will replace both culverts with one box culvert. Discussion followed. Supervisor Flansburg asked how we are going to accommodate people going to and from work. Mr. Spatz said that was clear to the contractor. Supervisor Banach questioned whether or not Mr. Spatz discussed the bids with the two lowest bidders. He did. Morgan also gave a day to day breakdown of construction schedule. Supervisor Melvin asked in the event of a major snow storm will they be able to plow Heaters Hill. Mr. Schneider said yes, this could still be done. Supervisor Banach asked if HRG would have someone there to monitor the progress. Mr. Spatz said HRG was not contracted to do that. Mr. Schneider was going to handle that; however they would be happy to do that if necessary. Dan Lawless asked if this had to do with the hurricane. Mr. Spatz said the culvert has been in the ground for a long time. The weather and storm did not cause it. There has been deterioration. Mr. Lawless asked about the increased size of the pipe. Mr. Spatz said they are being increased to 73 x 55 and 73 x 55. Joseph Banach asked about life expectancy of the galvanized pipe. The life expectancy is sixty seven years. Supervisor Flansburg moved to accept the bid from Morgan Site Contractors LLC subject to the Solicitors review. Motion is seconded by Supervisor Banach and carried with all in favor.

Advertise for Services:  Supervisor Banach said this has been mentioned last year. It is a good idea to see if we could cut costs. Supervisor Melvin asked if we had a formal list of contracts. We do not have that. After a brief discussion the secretary was directed to compile a list of services by the next meeting for the Supervisors to review and decide upon which services they will begin to advertise for.

Reopen Budget: Supervisor Flansburg expressed his desire and right to reopen the budget. Supervisor Banach stated he believed it needs to be advertised by the 15th of February. Vice-Chairman Fischer stated that a lot of work went into the preparation of the budget. Solicitor Bernathy stressed the fact that the board is under a time constraint and this needs to be done within a timely manner as he checked the 2nd class township code. Solicitor Bernathy said the Court also gave approval of 15.7 mils. Discussion followed. Motion is made by Supervisor Flansburg to hold a special meeting for the purpose of amending the budget. The meeting will be held the following week, Tuesday, January 10, 2012 at 7:00 pm. Motion is seconded by Supervisor Banach and carries with all in favor. In the meantime Supervisor Flansburg and Supervisor Melvin will be given all budget worksheets.

 

SUBDIVISION REVIEW AND ACTION: None

Mr. Spatz stated that he needed the Easement Agreements for the Heaters Hill Projects.

Pike County Power & Light Advisory Board: Motion to appoint Supervisor Flansburg to the Advisory Board made by Vice-Chairman Fischer. Motion is seconded by Supervisor Banach and carries with all in favor.

Mr. Lawless wished to thank the Supervisors for passing the speed limit on Cummins Hill Road and for getting Penn Dot to fix the bottom of Cummins Hill Road.

 

ADJOURNMENT: Meeting was adjourned at 8.52 pm on a motion by Supervisor Banach. Motion seconded by Supervisor Flansburg and carried with all in favor.

Respectfully submitted,

Lisa A. Green

Secretary