Westfall Township, Matamoras, PA

December 4, 2017

The Regular meeting of the Westfall Township Board of Supervisors was held Monday, December 4, 2017 at 7:00 pm. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Chairman, Robert Melvin, Vice Chairman, Jerry Dotey; Supervisors; Lester Buchanan and Robert Bostinto; Solicitor, Robert Bernathy; and Secretary, Jodi Hulse. Also present were Treasurer, Scott Myer; Road Master, Bill Schneider, Chief, Chad Stewart, Mill Rift Fire Chief, Tom Lamb; Westfall Township Fire Chief, Rob Llewellyn, Tom Holmes, Davis Chant, John Dalton and approximately 6 members of the general public.

Supervisor, Paul Fischer, was absent. Zoning Officer, Wayne Rohner, was absent.  Emergency Management Coordinator, Robert Ewbank, was also absent.

The Pledge of Allegiance took place.

EXECUTIVE SESSION: The last executive session was held October 2, 2107 at 7:51 pm for personnel matters

APPROVAL OF AGENDA: Chairman Melvin added “Gambling Ordinance-schedule/advertise continuance” as Old Business #5.

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

PUBLIC COMMENT: No comment from the public. 

MINUTES: A motion was made by Vice Chairman Dotey to approve the October 10, 2017 Budget Workshop  minutes.  The motion was seconded by Supervisor Bostinto and carries with three in favor and one abstention.  Supervisor Buchanan abstained due to his absence at the meeting.

A motion was made by Supervisor Buchanan to approve the November 6, 2017 Regular Meeting minutes. The motion was seconded by Vice Chairman Dotey and carries with three in favor and one abstention.  Chairman Melvin abstained due to his absence at the meeting.

TREASURER’S REPORT: Mr. Myer gave the report through the month of December, 2017. Mr. Myer noted the budgeted income has been met for the year.  Also, delinquent tax income is $150,000 over budget and transfer tax is $50,000 over budget.  He also noted expenses are under budget.

Chairman Melvin explained the changes made to the Non Uniformed Pension Plan Ordinance earlier in the evening at 6:15 pm at the public hearing. A motion was made by Vice Chairman Dotey to make a payment of $80,000 to fund the plan properly.  The motion was seconded by Supervisor Bostinto and carries with all in favor.

Chairman Melvin directed Ms. Hulse to contact Roth & Roth, Actuary to obtain paperwork to be submitted to Mr. Myer for payment in accordance with the motion.

The Treasurer’s Report through December, 2017 was approved on a motion by Supervisor Buchanan. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

POLICE REPORT:  Chief Stewart read the report for November, 2017 which reads as follows:

Significant Happenings:

♦ Toys for Tots Drop Off Box at Police Station Lobby

♦ December 10^th-Tri-State Chamber X-Mas parade 1 pm

Miles Patrolled: 5,348

YTD: 55,008

Motor Vehicle Accidents: 14

YTD: 205

Calls for Month: 168

YTD: 2,218

Westfall: 124

Matamoras: 44

A motion was made by Supervisor Buchanan to accept the Police Report for the month of November, 2017. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

FIRE DEPARTMENTS: 

Westfall Fire Department: Chief Llewellyn gave the report for the month of November, 2017, which stated as follows:

FIRE REPORT: 6 Automatic Fire Alarms; 9 Motor Vehicle Accident; 1 Gas Leak, 1 Stand By, 3 Chief Investigation, 3 Utility Wires Down, 2 Unattended Burn and 3 Structure Fires, for a total of 28 calls for November; 256 Calls YTD

EMS Calls for November, 2017: 54 Calls in Westfall Twp; 9 calls in Dingman Twp; 8 calls in Milford Twp; 13 calls in Milford Borough; 13 calls in Matamoras Borough;   3 calls in Shohola Township; 4 calls in Orange County, NY for a total of 104 calls for November, 2017;  989 calls YTD

Combined YTD calls: 1,245

Training for the Month: Four drills/In-house training sessions held for 106 hours

Fund Raising: Thanksgiving Coin Toss completed

Other: American Red Cross Blood Drive hosted by WTVFD on November 6

Roy Rogers is missing the knox box-notified zoning officer

Best Western dry hydrant requires repairs-notified zoning officer

Discussion followed regarding ambulance service coverage.

A motion was made by Supervisor Buchanan to approve the Westfall Fire Department Report for the month of November, 2017. The motion was seconded by Supervisor Bostinto and carries with all in favor.

Mill Rift Fire Department: Chief Lamb gave the report for the month of November, 2017, which stated as follows:

11/01/17: Work Night-Ran and checked all vehicles

11/04/17: Structure Fire-Milford Landing-Tanker

11/08/17: Monthly meeting

11/15/17: Work Night-Driver Training-Engine and Tanker

11/29/17: Work Night-went over pump truck and Engine

Total Man Hours: 61

Total Equipment Hours Year to date: 238

Total Man Hours for the Year: 905

Chief Lamb confirmed the department has approximately ten certified drivers at this time.

Chairman Melvin directed the department to submit their Article 7 Report to the Township Secretary by December 20, 2017 for the file.

A motion was made by Supervisor Buchanan to approve the Mill Rift Fire Department Report for the month of November, 2017. The motion was seconded by Supervisor Bostinto and carries with all in favor.

HIGHWAY DEPARTMENT: Mr. Schneider gave the report for November, 2017. The Department continued clearing the township right of way from trees and brush. They cleared culvert pipes throughout the township.  Mr. Schneider and the department cleared debris from shoulder of roads on Roberts Lane, Phillips Lane, Old Milford Road and Pine Hill Farm Road.  They also maintained the compost area.  The department installed the last spreader for the winter season and maintained equipment.  Mr. Schneider attended the Road Task Force Meeting for November, 2017.  He also met with Joe Hudak and Will Whitehead, Kiley Associates and Ellen Enslin, Pike County Conservation District to discuss drainage issue on Decker Lane.  The department installed matting directed by the PCCD on Decker Lane.  The project is to be continued.

A motion was made by Supervisor Buchanan to approve the November, 2017 Highway Report. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

BUILDING/ZONING REPORT:  Wayne Rohner was absent.  Chairman Melvin read the report for November, 2017 which reflected 1 building permit and two zoning permits for the month which fees totaled $634.50.

A motion was made by Supervisor Bostinto to approve the Building/Zoning Report for November, 2017. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

EMERGENCY MANAGEMENT: Mr. Ewbank was absent.  The report submitted reflected no calls for the month of November, 2017.

A motion was made by Supervisor Buchanan to accept the Emergency Management Report for November, 2017. The motion was seconded by Supervisor Bostinto and carries with all in favor.

CORRESPONDENCE:  Chairman Melvin stated the file is in the office if anyone would like to review. 

OLD BUSINESS:  

1. Adoption of 2018 Budget-Resolutions 2017-4 and 2017-5: Chairman Melvin read Resolution 2017-4. He noted the total mils have been reduced by 9.7% from last year and that the total mils are down 27% from 2015.

A motion was made by Supervisor Bostinto to approve Resolution 2017-4 to adopt the 2018 Budget. The motion was seconded by Supervisor Buchanan and carries with all in favor.

Chairman Melvin read Resolution 2017-5. A motion was made by Supervisor Buchanan to approve Resolution 2017-5 to adopt the 2018 Budget.  The motion was seconded by Vice Chairman Dotey and carries with all in favor.

• Proposed Fire Code Enforcement Ordinance:  This matter was tabled.

• Emergency Access Road-Township Property-Delaware Drive to Decker Lane: Solicitor Bernathy asked if the survey has been completed with the metes and bounds description. Ms. Hulse stated she would find out the status from Kiley Associates, LLC.

• Decker Lane Drainage Issue: Mr. Schneider explained the flooding problem in the Decker Lane area. He met with Kiley Associates and the Pike County Conservation District on site. He said an engineering/study is needed which Kiley Associates submitted a cost estimate for the engineering study (dated November 30, 2017) in amount of $5,250.

A motion was made by Supervisor Buchanan to approve the payment of the engineering cost estimate not to exceed $5,250 and to direct Kiley Associates to move forward with the service. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

• Gambling Ordinance-Schedule/Advertise continuation: A motion was made by Supervisor Bostinto to schedule and advertise the continuation of the Gambling Ordinance Public Hearing for February 5, 2018 at 6:30 pm. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

NEW BUSINESS:

• Resolution 2017-6-Prohibiting Category 4 Casinos: This matter was removed from the agenda since the matter is not applicable to Pike and Wayne Counties.

• Informal Presentation-Art Park Lodge-Ernie Bertuzzi-Short Term Rental Cabins: Representatives: Tom Holmes and Davis Chant, Advisor

Solicitor Bernathy noted he had previously represented this applicant in a different township so if matter becomes a formal application before the Board, this matter would be referred to conflict counsel. He confirmed this was an informal presentation only at this point.

Mr. Holmes explained the proposed project to the Board. The located is at Laurel Acres which is located off of Cummins Hill Road and is an existing subdivision with a total of 123 acres. The proposal is for 20 short term rental cabins.    He noted the following would be proposed:

1. Art Park
2. Recreational use
3. Hot tubs and sauna areas
4. Short term tourist use
5. Cabins 400 to 600 square feet
6. 1.3 acre lots
7. Roads are in good shape and gravel
8. Could change back to one large piece if needed
9. There is a draw for short term rentals from Philadelphia and NYC areas
10. Modern design
11. Architecturally distinct design
12. Echo flow septic systems
13. Minimal use of water
14. Single bath, bedroom and kitchenette
15. Sculptures on property
16. Two small ponds on property
17. Minimal disturbance
18. No campground activities
19. No shooting or ATV activity
20. Romantic atmosphere
21. Float tanks
22. Conservation bird theme
23. Ice events in winter months
24. Two to three million dollar investment over 3 to 4 years
25. Tax revenue will be created
26. CD Zone

Mr. Holmes noted short term rentals are not a use provided for in the ordinance in a CD Zone. He said this may fit as a conditional use as a resort.

The following was also noted:

1. Office, garage/storage, tower house and library would be proposed
2. Caretaker on site and cleaning staff as needed
3. Private roads
4. Open 365 day a year
5. $250 to $300 per night

No comment was made by Chief Llewellyn or Chief Stewart.   Solicitor Bernathy suggested that Mr. Holmes check with Wayne Rohner, Zoning Officer, for the procedure of variance which would go through the Zoning Hearing Board.  He stated they may want to consider an ordinance amendment rather than variance since there may be no hardship to prove.  Solicitor Bernathy said this sounds like it may be a conditional use with land development and variance or ordinance amendment for square footage minimum issue.  Mr. Holmes thanked the Board and will proceed accordingly.

• Appointment of Deputy Tax Collector: A motion was made by Supervisor Buchanan to appoint Zachary Pearce as Deputy Tax Collector. The motion was seconded by Supervisor Bostinto and carries with all in favor.

• Tax Collector Bank Account-Act 38: A motion was made by Supervisor Buchanan to approve providing the Township Tax Identification Number and listing Westfall Township on the tax collector bank accounts for the collection of township taxes and school district taxes. The motion was seconded by Supervisor Bostinto and carries with all in favor.

The Board directed Ms. Hulse to provide a letter to Mrs. Pearce to confirm this approval.

• Flood Insurance Renewal Policy:   A motion was made by Supervisor Buchanan to approve the payment in the amount of $2,746.00 (Option 2 on invoice) for Flood Insurance Policy to American Bankers Insurance Company of Florida. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

• Mid-Hudson Interpreter Service Agreement: A motion was made by Supervisor Buchanan to sign the 2018 Mid-Hudson Interpreter Service Agreement. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

• Route 6 and 209-Penn DOT Revitalization-Lack of Adequate Funding: A motion was made by Supervisor Buchanan to provide a letter of support to Mr. Mrozinski at the Pike County Planning Office to assist in adding this project to the Transportation Improvement Program. The motion was seconded by Supervisor Bostinto and carries with all in favor.

• Retail Liquor License #R-19761 Transfer-Garris to Patel (1002 Pennsylvania Avenue)-Schedule/Advertise Public Hearing: A motion was made by Supervisor Bostinto to schedule a public hearing for this liquor license transfer application for January 2, 2017 at 6:30 pm and to advertise accordingly. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

SUBDIVSION/LAND DEVELOPMENT/CONDITIONAL USE-REVIEW AND ACTION:

• Paddlers Point-Garden Apartments: Flood Plain Development Permit

1. Chairman Melvin read the recommendation letter from the Westfall Planning Commission. A motion was made by Supervisor Buchanan to approve the Paddlers Point Flood Plain Development Permit. The motion was seconded by Supervisor Bostinto and carries with all in favor.
2. Paddlers Point-Garden Apartments: Stormwater Management Agreement and Declaration of Easement
3. Chairman Melvin read the recommendation letter from the Westfall Planning Commission. A motion was made by Supervisor Buchanan to approve the Stormwater Management Agreement and Declaration of Easement between Westfall Township and Paddlers Point. The motion was seconded by Vice Chairman Dotey and carries with all in favor.

EXECUTIVE SESSION: None held.

Supervisor Buchanan asked Mr. Schneider to obtain estimates for parking lot lighting at the Township Building. He suggested obtaining quotes to add a pole with an extension arm.  The cost, up to $10,000, for this was approved at the most recent Regular Supervisor Meeting.

Chairman Melvin thanked Supervisor Buchanan for his service to Westfall Township and noted that he has been a treasure to the Township. Vice Chairman Dotey, as well as Supervisor Bostinto, thanked Supervisor Buchanan.

ADJOURNMENT: Meeting was adjourned at 8:03 p.m. on a motion by Supervisor Buchanan.  Motion seconded by Supervisor Bostinto and carries with all in favor.

Respectfully Submitted,

Jodi Hulse

Secretary