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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.


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


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


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 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.


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


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.


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