Westfall Township, Matamoras, PA



Westfall Township, Matamoras, PAAugust 3, 2020The Regular meeting of the Westfall Township Board of Supervisors was held Monday, August 3, 2020 at 7:01 pm. The meeting was held in person will all following CDC Guidelines.Those present were Chairman Melvin, Vice Chairman, Jerry Dotey; Supervisors; Paul Fischer, Robert Bostinto and Paul Schaldonat; Solicitor, Robert Bernathy; and Secretary, Jodi Manheim. Also present were Road Master, Keith Rodriguez; Westfall Township Fire Department President, Bill Koferl; Jeff Cammerino, Zoning Officer; Treasurer, Scott Myer; Officer Repecki, Eastern Pike Regional Police Department; Bill Schoenagel, Julie Roeser, Corinne Tonkin, Patti Coombs and Bob Roche. There were approximately 15 members of the general public present. The Board maintained 25 people maximum in the room at one time to comply with the CDC Guidelines. Mike Fischetta, Emergency Management Coordinator was absent. APPROVAL OF AGENDA: A motion was made by Supervisor Schaldonat to move #2 under Old Business to just after the approval of the agenda. The motion was seconded by Supervisor Bostinto and carries with all in favor.A motion was made by Vice Chairman Dotey to approve the revised agenda. The motion was seconded by Supervisor Fischer and carries with all in favor. Old Business #2Resolution 2020-5 Second Amendment Sanctuary ResolutionSolicitor Bernathy explained the Resolution was previously approved subject to his legal review. Chairman Melvin read Solicitor Bernathy’s legal review letter dated July 7, 2020. After his review and conduction of legal research, Solicitor Bernathy found the Resolution to be unconstitutional and does not recommend the passing of Resolution. The Board agreed to follow Solicitor Bernathy’s recommendation and not pass the Resolution. A motion was made by Vice Chairman Dotey to decline passing Resolution 2020-5. The motion was seconded by Supervisor Fischer.Mr. Roche, Founder of the Second Amendment Sanctuary Group, addressed the Board. His concern is that of using tax payer monies to infringe upon the tax payer rights. Brief discussion followed. Solicitor Bernathy confirmed with Ms. Coombs that he would provide a copy of the PSATS article regarding this matter. Mr. Roche disagreed with Solicitor Bernathy’s opinion. Solicitor Bernathy stated he is proud of his position and that he stands by his opinion which is based on the law. He also noted that his opinion is not politically motivated.Discussion followed. Solicitor Bernathy stated he is open to review of contrary decisions made by other Township Solicitors. He stated Board may reconsider at a later date if they choose. Chairman Melvin stated his decision is nothing personal and that he appreciates Solicitor Bernathy’s opinion which protects the township tax payers from lawsuits. He stated that Solicitor Bernathy has done a great job keeping Westfall Township out of court. Chairman Melvin also noted that he supports Second Amendment Rights. He said his job as Supervisor is to keep the township out of trouble and to keep taxes low. No further comment. The motion carried with all in favor. PUBLIC COMMENT: Corinne Tonkin addressed the Board. She referred to a small sink hole, which is growing in size, on the township side of her driveway/bridge on Heaters Hill. She wanted the Supervisors to be aware of the issue. She also noted an issue with the wall caving in just up from her driveway. She stated that Bill Schneider, previous Road Master, told her “things were in the works” to fix it. Keith Rodriguez, Road Master, stated he needs to confirm the right of way boundary. Ms. Tonkin stated that in the records, it shows the subject area being on the township property.Mr. Rodriguez stated the issue may be involving the bridge abutment. Discussion followed. Ms. Tonkin stated if the problem gets worse she will not be able to get into her driveway. Chairman Melvin directed the township Secretary to look in the township records for a map of the subject property. No further comment. Robin Waizenegger, Field Stone Ridge, addressed the Board. She stated that Penn DOT left the field on the project on Cummins Hill Road which consisted of stone baskets, barriers and repaving. She stated the homeowners association has put Penn DOT on notice of a drain which was installed too high for the connecting pipe. So, heavy rain waters wash down the roadway instead of running into the culvert pipe. Ms. Waizenegger stated this is a hazard in the winter due to the ice formation. Chairman Melvin said he was sorry to hear this and that he is glad that Penn DOT is on notice. No further comment. MINUTES: A motion was made by Supervisor Schaldonat to approve the July 6, 2020 Regular Meeting Minutes. The motion was seconded by Supervisor Fischer and carries with four 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 August, 2020. Mr. Myer noted the following:$112,000 Building permit fee was received. Expense will show up to third party agency once billing is received$12,122 UDC Grant was received for parking lot paving reimbursement$43,600 has been spent so far for ambulance serviceEarned Income Tax income is down $30,000 which is fairly reasonable with all things considered Real Estate Tax Collection is in line for this time of year A motion was made by Vice Chairman Dotey to approve the Treasurer’s Report through the month of August, 2020. The motion was seconded by Supervisor Fischer and carries with all in favor. POLICE REPORT: Officer Repecki gave the report for the month of July, 2020 which reflected the following:*ALERRT Training DVES*Multi-Disciplinary Task Force Training HQ*Aggressive Driving Enforcement 7/6-8/23*Conducted a TEZ Enforcement Delaware Drive at Avenue CMiles Patrolled: 6,799YTD: 42,712Motor Vehicle Accidents: 15YTD: 77Calls for the Month: 240YTD: 1276Westfall: 186Matamoras: 54A motion was made by Supervisor Fischer to approve the Eastern Pike Regional Police report for the month of July, 2020. The motion was seconded by Supervisor Bostinto and carries with all in favor. FIRE DEPARTMENT: Mr. Koferl gave the report for July, 2020 which reflected the following: Assist Police Dept: 1; Brush Fire: 1; Fire Alarms: 2; Investigation Fire Chief: 3; Investigation Outside: 1; Landing Zone: 1; Structure Fire: 1; Trash Fire: 1; Vehicle Accident: 4; Water Rescue: 2; Wires Down: 1; Total: 18Year to Date: 140Man Hours: 39Man Hours YTD: 390EMS Calls for July, 2020:Dingman Township-5; Matamoras Borough-2; Milford Township-4; Orange County-1; Sussex County-1; Westfall Township-49Total Calls for July: 64Year to Date: 544Man Hours: 50Man Hours YTD: 924EMS Report for Westfall Township and Matamoras Borough:-Westfall Ambulance covered 11 calls in Westfall-Port Jervis Ambulance covered 38 calls in Westfall-Westfall Ambulance covered 2 calls in Matamoras-Port Jervis Ambulance covered 11 calls in MatamorasThe Department had a total of 60 in house training hoursThe annual pulled pork dinner is Friday, August 7, 2020Brief discussion followed regarding ambulance services.A motion was made by Supervisor Fischer to approve the Westfall Fire Department for the month of July, 2020. The motion was seconded by Vice Chairman Dotey and carries with all in favor. HIGHWAY DEPARTMENT: Keith Rodriguez gave the report for July, 2020 which reflected the following: Extended culvert on Heaters Hill, across from Henchel Road with 45 degree elbow and added stone to prevent erosion.Cut brush over guard raid on Reuben Bell DriveShoulder work was done on Reuben Bell Drive and Rose LaneDead trees were cut down on Rosa Switch Road in Pond EddyHot patching was done on Bluestone Boulevard and Roberts LaneCleared culvert pipes connecting ponds on Pond Drive Cleaned up and replaced 18” culvert pipes with 24” on Decker Lane and Peach Court and Pear Court after rain stormMowed shoulders and Township BuildingDiscussion followed regarding Decker Lane drainage. Mr. Rodriguez stated Kiley Associates will be revisiting the Pond Drive area. Discussion followed regarding the line painting on Reuben Bell Drive. Chairman Melvin directed Mr. Rodriguez to do an assessment on any areas in need of line painting and to obtain an estimate for the September Supervisor Meeting. A motion was made by Vice Chairman Dotey to approve the Highway Department report for July, 2020. The motion was seconded by Supervisor Fischer and carries with all in favor. BUILDING/ZONING DEPARTMENT: Jeff Cammerino gave the Building/Zoning Report for the month of July, 2020 which reflected the following:12 Building Permits totaling $113,404.503 Electrical Permits totaling $373.507 Zoning Permits totaling $650.00A motion was made by Supervisor Schaldonat to approve the Building/Zoning Report for July, 2020. The motion was seconded by Supervisor Bostinto and carries with all in favor. EMERGENCY MANAGEMENT: The Emergency Management Report for July, 2020 is on file at the Township Office. CORRESPONDENCE: On desk for reviewOLD BUSINESS: Westfall Township Welcome Signs: A design was submitted by Sign Here Sign Company. The Supervisors would like to make changes. This matter was tabled. No action taken.Resolution 2020-5 Second Amendment Sanctuary Resolution: This matter was moved up on the agenda and discussed earlier in the meeting.Correspondence from Milford Township-Development of Joint Comprehensive Plan: Chairman Melvin directed Jodi Manheim to contact Milford Township to set up a meeting with Supervisors Schaldonat for preliminary discussion. NEW BUSINESS:Proposal for Utility Cabinet Replacement-Township Building: A motion was made by Chairman Melvin to approve the Voltron Electric proposal in the amount of $3,168.00 for the replacement of the utility cabinet in the Township Building. The motion was seconded by Vice Chairman Dotey and carries with all in favor. Decker Lane Drainage: Chairman Melvin stated this matter was discussed during the Highway Report earlier in the meeting. The Rosa Switch Road issue was also discussed. Mr. Rodriguez stated he will be going over the assessment of the area with Kiley Associates. This matter will be placed on the September 15, 2020 Supervisor Meeting agenda. Resignation Letter-Allen Johns-Westfall Municipal Authority Board: A motion was made by Supervisor Fischer to accept Mr. John’s resignation as Board Member of the Municipal Authority of Westfall Township. The motion was seconded by Vice Chairman Dotey and carries with all in favor.Letter of Interest-Robert Llewellyn-Westfall Municipal Authority Board: A motion was made by Supervisor Fischer to appoint Mr. Llewellyn to the Municipal Authority Board with term ending December 31, 2022. The motion was seconded by Vice Chairman Dotey and carries with all infavor. Resignation Letter-Robert Bostinto, Supervisor: A motion was made by Supervisor Schaldonat to accept Supervisor Bostinto’s Resignation effective August 31, 2020 with regret. The motion was seconded by Supervisor Fischer and carries with all in favor. The Board thanked Supervisor Bostinto for his service to Westfall Township and wished him the best. Resignation Letter-Linda Bostinto, Zoning Hearing Board Member: A motion was made by Vice Chairman Dotey to accept Mrs. Bostinto’s resignation with regret. The motion was seconded by Supervisor Fischer and carries with all in favor. The Board thanked Mrs. Bostinto for her service to the Township. Letter of Interest-Peter Dynda, Zoning Hearing Board Member: A motion was made by Supervisor Fischer to accept Mr. Dynda’s resignation as Alternate Zoning Hearing Board Member and to appoint Mr. Dynda as Regular Zoning Hearing Board Member with term ending December 31, 2022. The motion was seconded by Vice Chairman Dotey and carries with all in favor. Mill Rift Fire Department-Insurance Invoice: A motion was made by Vice Chairman Dotey to approve the payment of the Mill Rift Fire Department Invoice in the amount of $2,090.00 to RC Lain Insurance. The motion was seconded by Supervisor Bostinto and carries with all in favor. SUBDIVISION/LAND DEVELOPMENT/CONDITIONAL USE-REVIEW AND ACTION: Warwick Properties, Inc.-Westfall Senior Housing-Conditional Use Application-Schedule Hearing: A motion was made by Chairman Melvin to schedule/advertise the Conditional Use Hearing for Warwick Properties, Inc. for Tuesday, September 15, 2020 at 5:30 pm. The motion was seconded by Supervisor Fischer and carries with all in favor. Skytop Ranch, LLC-Revised Subdivision and Lot Combination Application: Representative: Bill Schoenagel, Schoenagel Surveying and Julie Roeser, Relative of OwnerMr. Schoenagel explained that the Planning Module approval through the DEP has been delayed due to the COVID-19 situation and that the previously approved plans were not recorded within the 90 day deadline. He stated the only change to the plans, which is required by the DEP, is to change to the non-building waiver to a residual tract waiver. The revised plans reflect this change. The applicant is also asking for a fee waiver since the delay is due to the COVID-19. A motion was made by Chairman Melvin to approve the revised Subdivision and Lot Combination plan showing the waiver change and to approve the waiver of application fees. The motion was seconded by Vice Chairman Dotey and carries with all in favor. Skytop Ranch, LLC-Planning Module Application-Plan Revision: A motion was made by Vice Chairman Dotey to approve the revised Planning Module application for Skytop Ranch, LLC reflecting the waiver change. The motion was seconded by Supervisor Schaldonat and carries with all in favor. EXECUTIVE SESSION: An Executive Session was called at 8:07 pm for potential litigation matters. The meeting was called back in order at 8:26 pm. No further action taken. ADJOURNMENT: A motion was made by Supervisor Fischer to adjourn the meeting at 8:27 p.m. The motion was seconded by Vice Chairman Dotey and carries with all in favor. Respectfully Submitted,Jodi ManheimSecretary ................
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