What the Westfall Township, Matamoras, PA
February 5, 2013
The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, February 5, 2013 at 7:00 pm. The meeting was held at the TownshipBuilding on Delaware Drive and LaBarr Lane, WestfallTownship.
Those present were Chairman, Robert Ewbank; Vice-chairman, Paul Fischer; Supervisors, Raymond Banach, Larry Flansburg, Robert Melvin; and Secretary, Lisa Green. Also present were Treasurer, Scott Myer; Zoning Officer, Michael Rendleman; Bill Schneider, Chad Stewart, Robert Mills, Tom Lamb, Luis Bocaletti, Rob Llewellyn, Beth Brelje, Lisa Mickles, John Dalton, Bill Jamros, Tom Pampelone, Brian Shaub, Louis Troiano, Darren Schwartz and 8 members of the general public. Solicitor, Robert Bernathy was not present.
An executive session was held on Monday, February 4, 2012 at 7:00 PM for the purpose of potential litigation.
AGENDA: The agenda was amended to add the Eastern Pike Regional Police Department letter under New Business as well as the EMA Office. Supervisor Flansburg moved to approve the agenda. Motion is seconded by Vice-chairman Fischer and carries with all in favor.
Chairman Ewbank announced that they will be tabling the Transaction Tax discussion tonight and apologized for any inconvenience this may cause anyone from either the cigarette or fireworks stores stating that our Solicitor could not be present tonight.
PUBLIC COMMENT: John Dalton addressed the board making the following statements: In regard to the Dombrosky settlement: I understand that the amount of $175,000 is to be paid in the 2014 budget as well as in the 2013 budget. Am I correct? Mr. Dalton was told that was not correct, the $175,000 was paid in 2012 and will be paid in 2013 and that there will be annual installments for 7-9 years but they are lesser payments. Mr. Dalton continued by stating “I am not happy about any potential dissolution of the Eastern Pike Regional Police Department (EPRPD) on account of their budget situation. I do understand the intent and purpose of the supervisors’ letter to Matamoras giving them a heads-up with regard to the budget situation. I do not wish to be face-to-face with a Pennsylvania state trooper who may not know me and my neighbors. Chances are they will not know that I am deaf while our own EPRPD and fire department do! I should also mention that my wife whom many have never met is deaf as well. All of us must be aware of the types of crimes that are occurring in nearby towns: Port Jervis, Middletown, Newburgh, and Kingston, NY; East Stroudsburg, Stroudsburg, Scranton, and Wilkes-Barre, Pa; and who knows where else. Port Jervis is moving in the direction to have a commercial Whitewater Park. Port Jervis just recently was given a $49,000 grant for its Whitewater Park by the state of New York, some time period after it received a $50,000 grant from the Orange County government. This Whitewater Park is certain to attract large numbers of economic participants and followers to our region. Generally speaking, along with the fire departments, the police are often among the very first responders in many types of emergency situations. The fire department personnel and the police chief or those in law enforcement can detail the various situations in which the police were first-responders. I wish to encourage you supervisors (and others) to please keep an open mind. The same goes for us Westfall taxpayers as well. I am speaking for some with regard to the EPRPD.” Chairman Ewbank told Mr. Dalton that the supervisors would be addressing the situation with the Eastern Pike Regional Police Department this evening. Mr. Dalton continued by stating “On the front page of The Times Herald Record, Sunday December 9, 2012, was an article: “Port is heroin hotspot”. This article covered the topic on drugs on the inside pages 4 & 5. It is not a pretty picture when drugs become the source of income for nearby drug sellers locally. The picture shown on that front page is of the tunnel under Interstate 84. A few months ago, I commented in jest, to Police Chief Chad Stewart about seeking a PENN-D.O.T. grant. Well, this is now a more serious proposal. The purpose of the grant is this: develop and install a computer-controlled sprinkler system and use it whenever potential drug transactions occur. Across from this tunnel on Reuben Bell Drive at the intersection of Rose Lane, is a fire hydrant indicating continuous water supply in that area. By tapping this water supply line under Reuben Bell Drive, a tunnel sprinkler system could be installed and be monitored by any authorized individuals within the Matamoras Borough hall building via the use of computer monitor or the like. However, there are possible liability issues along with insurance which could prevent any consideration for such a set up or arrangement and without any warning signs as well.
During the January 7th, 2013 meeting, one supervisor expressed a desire to have the split of 53% & 47% be more of a 50-50 split for Westfall township share of EPRPD costs. In the first place, any such division of police costs should have been and are apparently based upon the results of supporting mathematical or statistical proportions. I do not believe that a 50-50 split is achievable given the number of homes and the corresponding number of bathrooms, bedrooms, and garages; businesses of varying sizes; large and small ranches; vacant lots; the total of township and borough road mileage; and what-not can be ignored. You squirmed and struggled with this issue. Even Mr. Bernathy encouraged you to consider taking action on implementing an earned income tax. I suspect that at least one of you is opposed, but I ask that you step back and see how it would benefit the township and its residents regardless of whether they are owners or renters. We need an open workshop devoted to just this one subject: earned income tax. I will make every effort to be there and discuss my view points. When I made my presentation on the Earned Income Tax in January 2010, I was at that time being extremely careful while addressing this topic to the then sitting supervisors, of whom three of you are here. Not long afterwards did I become aware that Westfall was collecting local services tax aka LST. Upon learning of this, I sought some answers yet knowing some Westfall resident owners would be reluctant to answer any of my direct questions until I “hit upon” one party. The wife was unsure if LST was deducted from her paycheck, but her husband knew the answer immediately. You see, they own their home; they live in it; and they both work for different employer’s right here in Westfall. I then asked if there were any adjustments or credits for LST deducted from their paychecks or through adjustments in their property tax. Their reply was negative. In my opinion, this by itself amounts to double taxation. Think about it. While LST does not have a hit-’em in the pocket impact, it does provide some income to the township. I believe LST ought to be replaced by the earned income tax for all of those employed in Westfall along with a corresponding offset in property tax for Westfall residents who work in Westfall.
I note that Matamoras minimizes street plowing especially during some of the more recent very light snow falls. This is understandable. We in Westfall ought to revisit how we can save monies by doing the same but limiting the spreading activities to the more difficult sections of the many roadways within the township. An example is the stretch of Pond Drive from to slightly past the middle of the ponds before the upgrade begins. Discretion ought to be given to various sections of Westfall township roads to conserve the remaining amounts of road treatments thus better management of our road expenditures for now. Thank you! The board thanked Mr. Dalton for his comments and stated that they would take them under advisement.
Brian Shaub owner of Keystone Fireworks addressed the board stating that he spoke to Solicitor Bernathy yesterday regarding the transaction tax. Mr. Shaub said he would welcome the opportunity to get together with the Supervisors and the representatives of Phantom Fireworks and discuss options other than the transaction tax or ways the Township can benefit financially. Supervisor Flansburg said they certainly do not want to put Mr. Shaub off and would be willing to talk with him.
Thomas Pampelone asked the Supervisors if they will have public comment after they discuss the Eastern Pike Regional Police Department. The Supervisors told Mr. Pampelone that he could speak now. Mr. Pampelone said he spoke to a representative of the State Police and questioned if the board did the same. Vice-chairman Fischer said he spoke to the Commander and was told it would be business as usual meaning that the coverage would be the same. Mr. Pampelone said he was told by the liaison from Harrisburg that the State Police are trying to pass a cost of $55 per head for full coverage which would be just over $140,000 for Westfall Township. Further stating he had the budget from 2010 showing the police budget at $340,000 with actual figures of $360,000 which is $20,000 over budget. Mr. Pampelone said they are already in the red and we know from the past that they go over budget. Adding that the code enforcement line item is also over budget by $30,000 questioning how that could be. Mr. Pampelone used himself as an example saying if he priced a job for a certain amount of money and went over budget continuously he would be out of business. Supervisor Melvin said in that situation for code enforcement there’s increased revenue that comes in to offset the increased expenditures. Mr. Myer said that Eastern Pike Regional Police Department in 2010 showed an overage because there was back payroll due to Mr. Dombrosky. Discussion followed regarding the budget documents. Supervisor Flansburg told Mr. Pampelone that the Supervisors are working very hard to get things under control. Mr. Pampelone said the contract that he read for the Eastern Pike Regional Police Commission from 2008 is now void because it was a three-year contract and we did not re-sign another contract. Supervisor Flansburg said he would rather wait until Solicitor Bernathy was present to address that. Mr. Pampelone questioned the calls to Wal-Mart. Chief Stewart said 3% of all calls are retail and the majority of those go to Wal-Mart. Both Supervisor Melvin and Vice-chairman Fischer explained that Wal-Mart is the largest employer and probably one of the largest taxpayers in the Township. Mr. Pampelone feels they should be covered by the state police. Supervisor Flansburg said this is being worked on. Mr. Pampelone also commented on the number of police officers on duty at any one time claiming we on the have 3 mi.² to cover, stating that the budget could be cut in an amount to pay for the Dombrosky settlement for one year. He also questioned the suit to the EPRPD and was told that the judge found in favor of the Commission. Mr. Pampelone questioned why the insurance company didn’t cover the Dombrosky settlement stating he heard there was a misrepresentation on the application to the insurance company. He was told this is considered pending litigation and could not be discussed although the statement he had heard was untrue. Supervisor Banach said we are working diligently in trying to fund the Police Department and Road Department and have make cuts even with our staff, further stating we have tried to come up with ways of increasing revenue and reduce costs. Discussion followed regarding the state police. Chairman Ewbank said in the past the state police have tried the same thing but it was an escalating cost starting at $55 per resident and worked its way up. Supervisor Flansburg said that Chief Stewart said no one attends the police commission meetings and although the board appreciates his comments Mr. Pampelone should attend the commission meetings. Further discussion followed regarding the Police Department.
Bill Jamros said he read the Regionalization Agreement saying that it clearly states that all Matamoras and Westfall Township police officers will become part of the Eastern Pike Regional Police Department and asked how our solicitor misinterpreted that. Chairman Ewbank said it was up to the police commission to hire the officers. Vice-chairman Fischer said there was also a question of active duty. Chairman Ewbank said when that EPRPD was formed there was no Westfall Township Police Department to give him a job and suggested Mr. Jamros come back next month when our solicitor is present because he is the one that wrote the agreement. Mr. Jamros was told that Solicitor Bernathy was not our solicitor at the time the agreement was drafted. Gregory Chelak was. Supervisor Melvin said we cannot speak on this issue because there is pending litigation. Supervisor Banach commented that the Township never had their day in court. The attorneys we had were insurance company attorneys and the judge made a decision against us and we were never allowed to give our side of the story. Discussion followed.
Darren Schwartz, owner of Smokers Choice said they have two stores in the township and employ seventeen people. They have plans to make a major renovation to the store across from the Welcome Center by tearing down four existing structures and constructing a 6000 ft.² building. They have a problem with the cigarette tax for several reasons. If the board decides to adopt a local cigarette tax they may have to reconsider their idea to renovate and expand that location. A new cigarette tax will cause customers to make the short drive to a tobacco retailer (approximately 10) from the bridge to 10th St. which is outside of Westfall Township. When that happens they will lose business and as a result the employees could see hours reduced or even see their jobs eliminated. Mr. Schwartz continued by stating Pennsylvania is a fair trade state which means the cigarette taxes are uniform State wide. Fair trade cigarette laws started in the mid-20th century in order to prevent large retailers from coming into communities and using cigarettes as a loss leader. Cigarettes are very price sensitive items. There are about 25 states right now that have fair trade laws which dictate that the price of cigarettes can’t go below a certain amount. The Westfall proposal will change the market dynamics and cause tobacco consumers to make purchases where tobacco is cheaper. As best he can tell there are no other local cigarette taxes in the state of Pennsylvania. Mr. Schwartz said if this tax is passed it will give other municipalities an advantage over Westfall Township and stated that it is discriminatory and asked the board not to impose the tax and remain a business friendly environment that encourages residents to patronize their business. Mr. Schwartz said people come from New York and New Jersey to purchase cigarettes and feel said the tax goes up they would literally lose customers and their business would be destroyed. If the tax was being proposed from the bridge to 10th Street also Mr. Swartz would not have a problem because he does not feel he competes with Wilkes-Barre.
Supervisor Flansburg said when we proposed the amusement tax and transaction tax people felt that was unfair also, however they said they were never invited to come before the board which is why the board and invited the cigarette store owners to come in at this time and stated it would not be a cigarette tax but a transaction tax.
Supervisor Banach said our goal is for the County to place a countywide sales tax which would benefit the whole County. Chairman Ewbank said we welcome Mr. Schwartz’s input so they can make a wise decision.
Supervisor Flansburg questioned whether the other supervisors read the e-mail from Bob Bostinto regarding the Katz property, stating that it was a brilliant suggestion. Supervisor Melvin said there may be zoning issues that we need to look at. This item will be put on the agenda next month. Lisa Mickles asked if the board was going to re-zone the Katz property as commercial. Supervisor Banach said not at all, there was a suggestion from a resident looking at the dynamics of our municipality stating a corporate park would benefit the municipality and the Katz property could be available. Discussion followed.
MINUTES: Minutes of the January 7, 2013 public hearing were approved on a motion by Supervisor Banach. Motion is seconded by Vice-chairman Fischer and carries with all in favor.
Minutes of the January 7, 2013 regular meeting were approved on a motion by Supervisor Flansburg. Motion is seconded by Vice-chairman Fischer and carries with all in favor.
Minutes of the January 23, 2013 workshop meeting were approved on a motion by Supervisor Banach. Motion is seconded by Supervisor Flansburg. Supervisor Melvin abstained. Motion carried with four in favor and one abstention.
Minutes of the December 4, 2012 meeting were corrected on page seven (7) to say that Vice-chairman Fischer cannot speak for the Commission. In the original minutes it said “can.” Supervisor Banach moved to approve the minutes. Motion is seconded by Supervisor Melvin and carries with all in favor.
TREASURER’s REPORT: Scott Myer gave the treasurer’s report stating that January is a slow month as far as income. Expenses for the month were $101,000. Supervisor Melvin moved to approve report. Motion seconded by Vice-Chairman Fischer and carries with all in favor.
POLICE REPORT: Police Chief, Chad Stewart gave the report for January. There have been 176 calls for service and 5,360 miles patrolled for the month. Chief Stewart said they are still have burglaries in homes and in cars and cautioned people to keep doors locked and not leave purses or GPS devices in vehicles. Supervisor Flansburg questioned if the public drunkenness was from a side street in the Township or Borough or is that tied to an establishment. Chief Stewart said this month it is not from an establishment, this probably someone staggering on the street. Supervisor Banach moved to approve the police report. Motion seconded by Supervisor Flansburg and carries with all in favor.
FIRE DEPARTMENT: Robert Mills gave the Mill Rift Fire Department report for January stating they had their monthly meeting on 1/09, a work day on 1/17, mutual aid structure fire on 1/18, 1/23 cleaned main fire house and went over equipment at the station, 1/30 installed new shelves at the substation. They took their 1982 American LaFrance out of service and replaced it with a 1994 KME Pumper. Supervisor Flansburg asked if that is something new. Mr. Mills said it was something they have been working on, further stating that they bought Huguenot’s engine (1994 Pumper) so Huguenot does not have an engine now. They would like to take the 1982 that Mill Rift took out of service and borrow it until they get their new truck. Mr. Mills continued by saying he was not sure it was going to happen because they had to check with the insurance company as to the liability. Supervisor Banach said the vehicle is owned by the Fire Department so any arrangements they make would be strictly a fire department issue and not a township concern as the liability would lie with the fire department because they are a separate entity. Supervisor Flansburg suggested selling it for one dollar and buying it back for a dollar so that it would be their truck for the time they wish to use it. Supervisor Melvin suggested checking the legalities with an attorney to make sure they are covered.
Luis Bocaletti gave the Westfall Township Fire Department Report for January reporting 1 Motor Vehicle Accident, 10 Commercial Alarms, 1 Residential Alarm, 1 Outside Investigation, 1 Carbon Monoxide Alarm, 1 Brush Fire, 1 Structure Fire, and 4 Mutual Aid Structure Fires. They also had 12 members participate in CPR refresher course, 10 members receive their first aid certification, and 14 members receive training on blood-borne pathogens. Total man-hours for the month 218.4. For EMS there were 29 calls in Westfall Township, 17 in Milford Township and 3 in Port Jervis. Total calls for EMS were 49. Supervisor Flansburg questioned if Atlantic ambulance is now covering Westfall Township. Rob Llewellyn said a letter went to Comm. Center and they are trying to decipher the ALS lines. Supervisor Melvin questioned if there were any fundraisers either fire department was having right now. Mr. Bocaletti said they will begin in March. Supervisor Flansburg said he was at Home Depot today and was asked why the Westfall Fire Department did not participate in the fire field day for the kids. Mr. Llewellyn said Home Depot was approached two months before the date of the Fire prevention week requesting a date from them and the fire department was not contacted until one week prior which caused a scheduling conflict. Discussion followed. Motion to accept both reports made by Supervisor Melvin. Motion seconded by Vice-chairman Fischer and carries with all in favor.
HIGHWAY REPORT: Bill Schneider gave the report for January stating that they continue with equipment maintenance which is important due to the amount of storms they’ve had. Mr. Schneider attended the Road Task Force meeting. The crew worked on drainage on Heaters Hill and they’ve been removing brush and widening Bluestone Boulevard and Cummins Hill Road. They replaced the stop sign on Rose Lane, did some repairs on the sander and ordered 100 ton of anti-skid and 100 ton of salt. Mr. Schneider said he does not wait until the salt gets too low because sometimes there could be a 30 day delivery time. They cleared pipes and ditches due to heavy rain and Mr. Schneider met with Tim Balch from the DCNR concerning issues on Cummins Hill road and Bluestone Boulevard. Mr. Schneider also has a call into the conservation District to have them come down and discuss our road projects. He received a bid from one contractor for the base of Heaters Hill and will receive a few more. Mr. Schneider said the cost should be kept down if the work is done now. There were six snowstorms that required treating of roads and stated that if he did what Mr. Dalton suggested it could pose a problem having part of a road treated and part untreated. Supervisor Flansburg said he would like to tell Mr. Schneider and the crew that they are doing a great job and that it is apparent that he lives and works here and wants it to be the best they could make it. Stating it is not said enough. Supervisor Banach moved to accept the report. Motion is seconded by Vice-chairman Fischer and carried with all in favor.
BUILDING/ZONING REPORT: Michael Rendleman gave the report for January stating there were five building permits issued. In addition to that there were escrow fees received for a land development project. Total fees of $2356 were collected with fees of $1606 for building. Supervisor Flansburg moved to accept the report. Motion is seconded by Vice-Chairman Fischer and carried with all favor. Supervisor Flansburg told Mr. Rendleman he also does a good job.
CORRESPONDENCE: On dais for review.
Transaction Tax: Tabled.
Louis Troiano – Green Recycling: Louis Troiano addressed the board saying he lives in Milford Landing and understands the financial situation the board is facing. Mr. Troiano is in the recycling business and has been for the past 17 years and feels there is an opportunity with regard to the site the Township has behind the municipal building. Originally they were interested in wood recycling which could be very profitable but the pitfall of it is there would be the need for product, which would mean traffic and trucks. However Mr. Troiano also works with green recycling, (paper and plastics etc.) and said as the township knows the county shut down their recycling program last year but they did not do so according to DEP regulations. Now they need to revise their plan and must go to each municipality and have it signed off on. Mr. Troiano feels if Westfall wanted to be a catalyst in putting up a County Wide recycling project there could be revenue for that. Including DEP grants. Supervisor Flansburg asked if we were talking about a structure or building. Mr. Troiano said there would be no need for a building just the land. Supervisor Flansburg said if he’s not missing what Mr. Troiano is saying he sees an opportunity for himself as well. Mr. Troiano said that is untrue he would just give his help to the Township, explaining that the residents are already paying for recycling through their waste bills and now have to pay for curbside recycling. Mr. Troiano said there is revenue out there and it is a shame that was lost because residents are paying twice for recycling now. Supervisor Flansburg said if we took the number that Mr. Troiano threw out how much of that would come back to the township. Mr. Troiano said what they would do is put redesigned containers out there which would not be single stream recycling where everything is co-mingled together, saying that is what undermined the County plan because everything has to be torn apart at a single streamed recycling center. What other County’s do is separate the materials. Single stream was really meant for curbside pickup. If they offer a site they would have the residents sort the material and they would be doing it for free. Mr. Troiano said all they would do is set up a plan to condense it and market it and they don’t need a plant for that.
Mrs. Green asked about residents who use plastic bags which are not acceptable. Mr. Troiano said there will be some things that are still unacceptable but it would not be intolerable, explaining the recycling process and stating if we start this process we may be able to pay back municipalities for some of their material. Supervisor Banach questioned if we would have tractor-trailer loads of material coming in and dumping. Mr. Troiano said it would be condensed here and trucked out. Discussion followed about the condensing process. Mr. Troiano said they can also take in wood recycling. Further stating the detriment to the town would be truck traffic and if the board does not want that traffic than this is not for them. Supervisor Melvin questioned Mr. Rendleman if there would be a zoning issue. Mr. Rendleman said the area is zoned R-1 but he believes there may be an exemption for municipal land. Supervisor Flansburg said he thinks it’s a brilliant idea, doesn’t know if it will work but it’s something to look at. Mr. Troiano said no one in the County is doing this. Supervisor Flansburg asked why it’s not in the County if it is a lucrative thing. Mr. Troiano said because they were taking in $200,000 but they were spending $600,000. Supervisor Banach questioned who his County contact was. Mr. Troiano said we would have to go to the DEP because they are the ruling entity. Mr. Schneider said the traffic may be an issue because it already is a problem in Matamoras and if we have trucks coming up Delaware Drive it could be a problem. Further discussion followed. Chairman Ewbank said the board is definitely interested in this. Mr. Troiano will get in touch with Supervisor Banach.
Sale of Municipal Authority: Supervisor Banach said he saw an article in the paper which said that the County and Milford Township would like to get involved with the Municipal Authority and thinks we should send a letter to the County expressing our interest in negotiating a sale of the Municipal Authority. This would then offer inter-governmental control of the facility. Vice-chairman Fischer said he spoke to Commissioner Osterberg today who is a member of the Economic Development Authority and he said there is a potential funding stream for central sewage throughout the County. Supervisor Melvin said it is in the developmental stages. Discussion followed about getting the County involved in negotiations at the early planning stages of the central sewage issue. Supervisor Melvin said he spoke with Charles Miller who is against selling the Authority to a private entity. Supervisor Flansburg asked if the County would be able to increase the gallonage. Supervisor Melvin suggested they have the larger muscle to get that done. Vice-chairman Fischer said Commissioner Osterberg said there are grants available.
Robert Bostinto also a member of the EDA said he and Commissioner Osterberg spoke about this and there is funding available for about half the project. Mr. Bostinto said the total cost will be about $18 million and there is immediate funding for about $9 million. The catch is that Milford is out of compliance with the DEP and everybody is knee-deep in their septic systems. Supervisor Banach said his feeling is that this is a Westfall Township owned entity and that the Westfall Township residents should reap the benefit of the sale. Mr. Bostinto said he lives here and agrees that Westfall should reap the benefits, further stating that they are putting together a task force to pursue it. Supervisor Melvin said we need to make sure that we get our input into it. Expansion was discussed as well as capacity. Supervisor Banach said years ago it was made large enough for other communities to tie in and we lost capacity because they wanted no part of it. It is not fair for Westfall Township to now have to go back and make it larger again. Mr. Schneider explained once again what happened back in 2008 when neighboring municipalities wanted to join in and decided against it. Further stating the more capacity the plant holds the more expensive it is to treat. Supervisor Flansburg moved to send a letter to the County expressing our desire to be part of the planning and that we are open to discussing options with our Municipal Authority. Motion is seconded by Supervisor Banach and carries with all in favor. Mr. Bostinto suggested appointing a few supervisors to a task force to discuss this. Supervisors Melvin and Banach volunteered.
Lisa Mickles asked for clarification of sewage and water in Westfall Township. Supervisor Melvin said there is a private water company, Pennsylvania American Water Company which services a portion of the township and then there is the Westfall Municipal Authority which services certain areas for sewage. Mr. Bostinto said part of the plan is to expand municipal water into the Township by the trailer park on the three lane from the Milford Water Authority.
Home Depot Signs: Supervisor Flansburg said he received a map via e-mail showing three proposed sign locations however they did not say what size they wanted. Supervisor Flansburg continued by stating he requested the size of the sign from Home Depot. Discussion followed regarding the trimming of trees by their current sign.
Revise Employee Policy Manual: Supervisor Banach moved to adopt the amendments to the employee Policy manual. The first one being the addition of Martin Luther King Day as a Township holiday; and the second to change the language under benefit from “all regular full time and regularly employed employees” to “all regular full-time employees.” Supervisor Melvin questioned the definition of full-time employee. Mrs. Green said she did not change the definition of full-time employee she only took out the words regularly employed employees. Motion is seconded by Supervisor Flansburg and carried with all favor.
Letter to O & R about Poles in Rights-of-way: Supervisor Banach said Mr. Schneider supplied the board with a list of poles that are in the Township right-of-way and feels we should send a letter to Orange and Rockland, the phone company, and the cable company stating the poles are interfering with our operations and that they are in the town right-or-way. Supervisor Melvin asked if there were five poles explaining that each poll has 10 numbers. Supervisor Flansburg moved to send the letters. Motion is seconded by Supervisor Banach and carried with all favor.
Correspondence regarding Billboard: Chairman Ewbank said we have two letters of correspondence regarding the Billboard down by Wal-Mart for liposuction stating that the parties are upset with the content of the Billboard. They believe it is sexual in content and not fit for their children to view. Supervisor Melvin said he believes that’s protected by the First Amendment. Chairman Ewbank said the Township has no control over it and that they need to deal with Milford M.D. if they do not like it. Supervisor Flansburg confirmed with Mr. Rendleman that the sign had to border on obscene to disallow it. Supervisor Flansburg moved to send a letter to both parties stating as much as we would like to help them our hands are tied, we will offer to have them come and view our zoning ordinance. Motion is seconded by Supervisor Banach and carries with all in favor. The secretary will send the letters.
FEMA- Hurricane Sandy Reimbursement 2/10/13 Deadline: Supervisor Melvin said we should look into it and make sure we submit prior to the deadline. Chairman Ewbank said all we need to do is apply by that time and the Hwy., Department is working on it. Discussion was held as far as what the fire Department may have expended. Motion was made by Supervisor Banach to move forward and have this submitted prior to the deadline. Motion is seconded by Supervisor Flansburg and carries with all favor.
Mill Rift Fire Department Audit: This item is tabled until the solicitor is back.
Cleanup Day: Mrs. Green asked if we are having a cleanup day this year stating it is in the budget. The date of April 20, 2013 was chosen. Times will be from 8:00 am to 2:00 pm.
Eastern Pike Regional Police Department: Supervisor Flansburg said an executive session was held last night with the entire Police Commission, Borough Council and Supervisors and that without getting into the details the meeting went well. Supervisor Flansburg then moved to rescind the letter regarding withdrawal from the Eastern Pike Regional Police Department and said he would like Solicitor Bernathy to draft the letter for the Supervisors and give them the opportunity to review it prior to sending it in the event they would like to see something changed. Motion seconded by Supervisor Melvin and carries with all in favor. Beth Brelje asked for confirmation that the letter was not to withdraw from the department rather to rescind the letter that was sent with that regard.
EMA: Chairman Ewbank said the Westfall Township Fire Department requested to have the Township EMA office moved from the Matamoras EMA office to the fire Department and requested the township send a letter of request, which was done. In turn the Fire Department voted unanimously to have the office moved. The rent is $200 per month as opposed to a quarterly payment of $912. There will be a savings of approximately $1200 per year. Supervisor Flansburg said the board sees this as a way of giving money to the fire Department. Discussion followed regarding making contact with the Borough of Matamoras to thank them for the use of the facility and relating that this is strictly a financial matter. Supervisor Banach moved in favor of the relocating the office. Motion is seconded by Supervisor Flansburg and carries with all in favor.
SUBDIVISION REVIEW AND ACTION:
Municipal Authority Land Development: Mrs. Green said the board has a letter from the Westfall Township Planning Commission recommending approval of the plan with conditions, as well as a letter from the Township’s Alternate Engineer Al Handy. Mrs. Green stated this item was also discussed at the January 23, 2013 workshop meeting. Two of the conditions have been met and the existing condition to “address the details for the building as it relates to the gas” will be covered with the building permit application. There will be a need for separate motions for the land development approval and the Stormwater waiver request. Supervisor Melvin questioned whether or not Solicitor Bernathy has reviewed this. Solicitor Bernathy reviewed this at the January 23, 2013 workshop meeting. Supervisor Flansburg moved to accept the municipal authorities land development conditioned upon addressing the details for the building as it relates to gas. Motion is seconded by Vice-chairman Fischer and carries with all in favor. Supervisor Banach moved to approve the storm water waiver. Motion is seconded by Supervisor Flansburg and carries with all in favor.
ADJOURNMENT: Meeting was adjourned at 8:55 PM on a motion by Supervisor Flansburg. Motion seconded by Supervisor Melvin and carried with all in favor.
Lisa A. Green, Secretary