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Supervisors Minutes Regular Meeting June 5, 2012

Westfall Township,Matamoras, PA

June 5, 2012

The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, June 5, 2012 at 7:35 pm. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Chairman,Robert Ewbank, Vice-Chairman,Paul Fischer; Supervisors, Raymond Banach,Larry Flansburg, andRobert Melvin; Solicitor, Robert Bernathy and Secretary,Lisa Green. Also present were Treasurer, Scott Myer; Zoning Officer, Mike Rendleman; Bill Schneider, Luis Bocaletti, Ann Marie Catalano, Chad Stewart, Jay Edwards, Bob Bostinto, Karl Flail, Walter Van Beers, Valerie Pedone, Mary Smith, Dr. & Mrs. Waldman, Mr. & Mrs. Robert DiLorenzo, Don Quick, Jolie DeFeis, and approximately 27 members of the general public.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TREASURER’s REPORT:Scott Myer gave the treasurer’s report for May stating that this time of year is as expected. We received $68,000 in grant money from FEMA for Hurricane Irene. Supervisor Banach thanked Chairman Ewbank and Bill Schneider for their part in receiving the grant funds.  Supervisor Banach moved to approve report. Motion seconded by Vice-Chairman Fischer and carries with all in favor.

POLICE REPORT: Police Chief Stewart gave the report for May stating there were 6,776 miles patrolled and 210 calls for service. As part of PennDOT’s seat belt enforcement for the month of May they did a presentation at the elementary school and in coordination with the school police and they did a seatbelt program for high school students. They did a seatbelt check on the bottom of Cummins Hill on  May 30 they’re going to do another one on June 6th between four o’clock and seven o’clock. Chief Stewart said just a reminder make sure your cars are locked the likelihood of somebody going through is increasing. Supervisor Flansburg said he would just like to publicly congratulate the chief and his wife on the birth of their child. Chairman Ewbank said he happened to be at the police station the other day and a woman came in stating her car was parked in her sister’s driveway and her purse was in it and she went in the house and came out and her purse was gone. Chairman Ewbank asked the chief if he had anything to offer about the training that they were doing. Chief Stewart said it went well. It goes above and beyond shooting on the stationary target, and he thanked the supervisors for letting them use the facility. Mrs. Green stated she checked with our insurance company and that as long as the Police Department provided their certificate of insurance which they have, our insurance company has no issue with them holding training on our property. Supervisor Melvin moved to accept the police report. Motion is seconded by supervisor Flansburg and carried with all in favor.

FIRE DEPARTMENT: Luis Bocaletti gave the Westfall Township Fire Department Report for May reporting 2 Mutual Aid structure fires, 1 Landing zones, 4 Motor Vehicle Accidents, 1 Auto Alarms – Commercial False, 1 Vehicle fire, 1 Standby, 1 Trees on wires, 1EMSassist. Total calls for May are 12. Westfall EMS calls 37 toWestfallTownship, 12 covering Squad 33, 3 covering Squad 19, for total of 52 calls. Mr. Bocaletti said they also held two classes.

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

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

BUILDING/ZONING REPORT: Mike Rendleman gave the report for May reporting 3 building permits, and 6 zoning permits, with fees of $988.89. Motion by Supervisor Flansburg to accept the report. Motion is seconded by Supervisor Melvin and carries with all in favor.

CORRESPONDENCE: On dais for review.

OLD BUSINESS:

Act 47 Monthly Report: Solicitor Bernathy stated they are hopeful that this is the last report and we will be removed from Act 47 in July. The Township is operating within the confines of its budget and continues to meet its financial obligations. The Township continues to provide essential services. Solicitor Bernathy says he still awaits word to see if we could remove this from the agenda as a required item. Supervisor Flansburg moved to approve report. Motion is seconded by Supervisor Melvin and carries with us all in favor.

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

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

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

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

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

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

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

Sale of Sewer Authority: Tabled

NEW BUSINESS:

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

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

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

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

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

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

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

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

Letter to Matamoras Council and EPRPC: Tabled

SUBDIVISION REVIEW AND ACTION:

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

ADJOURNMENT: Meeting was adjourned at 9:37 pm on a motion by Vice-Chairman Fischer. Motion seconded by Supervisor Banach and carried with all in favor.

Respectfully Submitted,

Lisa A. Green, Secretary

Supervisors 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

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

Public Hearing January 3, 2012

January 3, 2012

A public hearing was held on Tuesday, January 3, 2012 for the purpose of taking public comment on the proposed Burning Ban Ordinance for Westfall Township. The meeting was held at the Westfall Township office on Delaware Drive and LaBarr Lane, Matamoras, PA 18336 at 7:32 p.m.

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, Elaine Shewchuk, John Shewchuk, Debra Banach, Ken Adams, Donna Schutz , Landa Copertino, and approximately 15 members of the general public.

Solicitor Bernathy stated there was a notice placed in the Pike County Dispatch indicating that the supervisors would conduct a public hearing here today January 3, 2012 at the Municipal Building to take comments on the proposed Air Pollution Control Ordinance for the prevention and control of air pollution; defining certain terms used therein; providing for regulations, exceptions, enforcement orders, responsibility of owners and operators, penalties, unlawful conduct, public nuisances, and validity. Following public comment, it will be the Supervisors intention if they so desire to choose to adopt the ordinance. Again, Solicitor Bernathy stated that this ordinance and a summary of the ordinance was advertised in the Pike County Dispatch. Proof of publication will be made available to the public and made part of the record.

Solicitor Bernathy said this ordinance was prepared based on a model ordinance by the DEP. Further stating that it should be made clear that if this ordinance is adopted that no person may permit the open burning of material in the area of the Township which is immediately adjacent to Matamoras Borough bordering Tenth Street, said area containing substandard lots of fifty (50’) feet by one hundred (100’) feet in area. Any other area in the Township this ordinance is not applicable. In that specific area fires may be set for the following reasons:

1)     A fire set to prevent or abate a fire hazard:

2)     A fire set for the purpose of instructing personnel in fire fighting;

3)     A fire set for the prevention and control of disease or pests;

4)     A fire set for the purpose of burning clearing and grubbing waste with certain restrictions;

5)     A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation;

6)     A fire set solely for cooking food;

7)     A fire set solely for recreational or ceremonial purposes.

The Supervisors are trying to regulate complaints received for leaf burning and household waste burning.

Solicitor Bernathy asked for public comment from the residents of the township.

Ken Adams of 214 C Tenth Street questioned if this is only 100 feet deep off of Tenth Street. Solicitor Bernathy explained that there has to be some applicability of the ordinance and some reason why it would only be applicable to that area of the township and the reason why is that it is adjacent to Matamoras Borough which has a burning ban as well as leaf collection, but more importantly that’s a very dense area of the township and when someone burns it affects the neighboring parcels; that was the reasoning behind the ordinance. Mr. Adams said his sister’s home is 214 Tenth Street and the property goes back approximately 500 feet. He has been accumulating piles of trees and brush on the property that he has been waiting for a fire drill to burn it. Mr. Adams said he is a member of the fire department and he feels they could call that a drill to go down and burn the pile up. Solicitor Bernathy said he would defer to the chief to see if that would constitute an exception to the ordinance as far as a fire set for the purpose of instructing personnel in fire fighting. Solicitor Bernathy said without that if this ordinance is adopted he would not be permitted to do that. Mr. Adams said he has trees that are being killed by the Pine Bark Borer and he plans on cutting them down and letting them fall. He wants to burn the piles. But he does not want to burn them at this time. He does not want to be a nuisance. He wants to burn them in a safe manner. Solicitor Bernathy said he is looking at the fire chief now and does not want to put him on the spot but without comment from him, if the ordinance does pass he would not be permitted to burn those piles. Mr. Adams questioned how deep on Tenth Street this will be going. Solicitor Bernathy said this has to be discussed by the Supervisors. There has been some discussion and if you look at the zoning map there is a triangle there and as it goes back off of Tenth Street it gets narrower. It is his opinion to adopt the whole triangle.

Donna Schutz of 218 Tenth Street asked if it is only from the Avenue back to Avenue C which is Mr. Ewbank’s neighborhood that is being banned or is it the other side of the Avenue also. Supervisor Ewbank displayed the zoning map for the public to see and explained that the triangle begins where 84 and Tenth Street come together by the Airport goes all the way up Tenth Street to the Mountain then on to the Masurack property at one point in time back out to the firehouse and along 84 back out to where 84 meets Tenth Street. It was asked what they would do with four acres of leaves. Supervisor Ewbank said we are taking that into consideration. Ms. Schutz said compared to people who burn woodstoves and coal that happens everyday from October to March as opposed to three or four days the whole year. Ms. Schutz asked about a fire pit that they like to use and Solicitor Bernathy said that is an exception to the ordinance. Ms. Schutz said then the ordinance is just to prohibit leaves and garbage. Solicitor Bernathy said that is not correct. The applicability of the ordinance is you can’t burn anything with the exceptions of what is in the ordinance. Ms. Schutz asked about what is going to be done with the leaves further commenting on what Matamoras Borough does with their leaf pickup. Solicitor Bernathy said there has been some discussion that it would be done by township personnel. There also may be intermunicipal cooperation. Everything is up in the air at this time. Supervisor Ewbank said we have a history of borrowing each others equipment and that may be an option. Discussion followed.

Landa Copertino says that the DEP gives examples of yard waste and says when we had hurricane Irene we needed to burn the debris. The petition she gathered was showing no one was in favor of burning. They were also in that immediate area that is being proposed. Mrs. Copertino said she has gone to Matamoras board meetings and no one has contacted them as of today regarding the leaf situation. Supervisor Ewbank said they haven’t been approached because this is the first time the burning ban has been brought up. Mrs. Copertino feels that there section of town is being abused by not being allowed to burn. Supervisor Flansburg asked Mrs. Copertino if we struck a deal with Matamoras to pick up the debris would those people be happy who were against the burning ban.  Mrs. Copertino said yes they would be happy, there are a lot of seniors there who try to do it themselves or pay to have it done and they just can’t get it done.

Joseph Banach said he has come from Port Jervis and followed Commercial Companies with New York plates dropping stuff off at our composting site. If we are going to start picking up our leaves you are going to have to do something about the commercial companies or the landfill is going to be as big as the mountain behind you. Supervisor Ewbank said he is not sure how to police that issue. It is supposed to be for Matamoras and Westfall residents only. Mr. Banach said there are more New York plates going in there.

Elaine Shewchuk read the proposed ordinance in the dispatch and she wondered if it would leave us open to discrimination. Stating that area is a small percentage of the township. Solicitor Bernathy said he does not believe it is discriminatory. He said it may be challenged but he does not find it to be problematic. Supervisor Ewbank said he had a conversation with the chief today who told him that two people had said they built their homes in Westfall and that they were going to burn they did not care if the smoke went into Matamoras. Supervisor Ewbank said that is what they are trying to prevent. They are not trying to discriminate against anybody.

Debra Banach said there are penalty provisions set up in the ad. Are we setting them up tonight and have we budgeted for them, asking what will it cost for enforcement. Supervisor Ewbank said we have a zoning officer and a police department. Mrs. Banach commented that if the zoning officer is called out on a Saturday to enforce this it is outside of his normal working hours and asked if that has been budgeted for. Solicitor Bernathy said this duty can be assigned to a Supervisor, a code enforcement officer or a zoning ordinance; there is an enforcement order section in the ordinance which specifies who will enforce it but this is echoing the cart before the horse comment. This may not pass. The enforcement order is in section six.

Mrs. Copertino said initially the Delaware Drive section was included and it was not now. Why is that? Who decided to drop this part of town and that part is still active. Supervisor Ewbank said as Solicitor Bernathy read it is because the Tenth Street area is very densely populated and the Delaware Drive area is not and that is why. Mrs. Copertino questioned if we are going to have a new zoning map. Supervisor Ewbank said we have a new zoning map.

Supervisor Banach said we are putting the cart before the horse. This has been going on since 2009 and even before that. There have been issues with who is going to pick up the leaves, who is going to enforce it, how are we going to pay for it and so on. Mr. Ewbank’s at the last meeting said there was an e-mail in 2006 at which time there were four road employees and we were working together with Matamoras Borough. At this time we have two road employees and the burden of the Katz litigation on the taxpayers, we can’t get Matamoras to go to Mashipacong Island to cut trees, so how are we going to get them to work together with us. Supervisor Banach thinks this should be tabled until all these items can be worked out and corrected. Further adding that if his taxes have to go up to hire people to pick up leaves he wants his 68 acres of leaves picked up also.

Mr. Adams asked if he could burn his trees because they are diseased. Solicitor Bernathy said he would ask the opinion of someone who is an expert disease or pest control. Further stating that if Mr. Adams can get some declaration that it is a fire set for the prevention and control of disease or pests, that would be an exception and he would be allowed to do it. Supervisor Flansburg asked when he plans to burn it, stating that if we haven’t passed the ordinance yet maybe he should get it done. Solicitor Bernathy stated if you were clearing a lot to build a house that is an exception also.

A resident stated if you live on Tenth Street all around it there are 4 acre, 2 acre, 1 acre, 2 ½ acre, there are no 50 x 100 lots unless you go up another 300 feet up the road. Solicitor Bernathy stated his understanding is that there are substandard lots he did not say they were all substandard and you have to take that into consideration with proximity to Matamoras Borough.

Linda Schutz asked how many board members live in proximity to where the burning ban will be. Only Supervisor Ewbank. Ms. Schutz said it is a whole ordinance to accommodate for one person. Supervisor Ewbank said it is not only for him there are people in the audience who are in favor of the burning ban. Mrs. Schutz said we are already paying millions of dollars for something that supervisors did not want in there own back yard. Further stating if you are going to do it, it should be all of Westfall or none of Westfall. Solicitor Bernathy said it is one out of five Supervisors. Ms. Schutz said that maybe Supervisor Ewbank should not be allowed to vote on it.

Mr. Banach said he agrees with Supervisor Banach that the cart is before the horse. First we need to get control of the dump or we’ll be back to Katz again. Solicitor Bernathy said he hoped that mentioning Katz was in jest.

Supervisor Ewbank asked Mr. Schneider for confirmation that Matamoras was part of Mashipacong Island.

John Shewchuk said Supervisor Banach has summarized his opinion. He is against the burning ban, believing there could be different times to burn.

Dan Lawless said if we are going to do this you should go a little further and include the trash which has to stop. Discussion followed about the burning of trash which is already illegal.

Public hearing closed at 8:17 pm.

Respectfully submitted,

Lisa A. Green

Secretary