Supervisor Minutes November 8, 2012

WestfallTownship, Matamoras, PA

November 8, 2012

The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, November 8, 2012 at 8:15 pm following a public hearing on the Amusement Tax. 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 and Robert Melvin; Solicitor, Robert Bernathy and Secretary, Lisa Green. Also present were Treasurer, Scott Myer; Zoning Officer, Michael Rendleman; Bill Schneider, Luis Bocaletti, Ken Zielazny, Michael Barth, Lisa Mickles, Beth Brelje, John and Tina Hess, Marvin Eversdyke, Chris Lordi,  and approximately 6 members of the general public.

AGENDA: Supervisor Flansburg added possible litigation for Eshelman to the agenda under executive session.  Chairman Ewbank said we will be deleting the Amusement Tax under new business. The amended agenda was approved on a motion by Supervisor Flansburg. Motion is seconded by Supervisor Melvin and carries with all in favor.


MINUTES: Minutes of the following meeting were approved on a motion by Supervisor Banach: October 2, 2012 Public Hearing, October 2, 2012 Regular Meeting, October 9, 2012 Budget Meeting, October 17, 2012 Public Hearing and October 17, 2012 Special Meeting. Motion is seconded by Supervisor Flansburg and carries with all in favor.

TREASURER’s REPORT: Scott Myer gave the treasurer’s report for January – October stating that income is in line with where we expect to be which is 100% of budget and expenses were in line until we made the first settlement payment. While other line items are in line. Supervisor Banach moved to approve report. Motion seconded by Vice-Chairman Fischer and carries with all in favor.

POLICE REPORT: Supervisor Melvin said Police Chief, Chad Stewart was unable to attend the meeting. Chairman Ewbank said we have the Eastern Pike Regional Police Department report if anyone would like to see it stating that it is here on file.  Supervisor Flansburg moved to approve the police report. Motion seconded by Vice-Chairman Fischer and carries with all in favor.

FIRE DEPARTMENT: Ken Zielazny gave the Mill Rift Fire Department report for October stating they had a Monthly Meeting on the 9th, a standby with Hugenot on the 13th, a work night on the 18th, storm preparations on the 28th, utility wires on Burger Ct and Cottage Ct on the 29th, storm damage as well as a fire on the 29th, Main firehouse was out of power on the 29th and they were powered by a generator. They provided water, device charging, and hot food to the public. Total man-hours for the month were 141, total equipment hours the year or 125.

Luis Bocaletti gave the Westfall Township Fire Department Report for October reporting 1 possible commercial structure fire, 1 Landing zone, 3 Motor Vehicle Accidents, 3 Auto Alarm – Commercial false, 1 standby, 1 search, 1 CO2 incident, 1 gas leak, 1 vehicle fire, 36 Tree/wires, 2 telephone poles on fire, 1 tree into a house, 1 Standby, 1 public service call, 2 smoke investigation. Total calls for October are 55, year to date 218. Squad calls for the month are 49 calls in Westfall Township, 9 calls covering squad 33, and 2 calls covering squad 19. Members also attended various training courses. Mr. Bocaletti thanked the Township, the road department, Mill Rift Fire Department and Orange and Rockland for their help during the storm, stating that everyone worked well together. Mr. Bocaletti also thanked everyone for attending the open house on October 21st.  The department is also partnering up with Picatinny Arsenal to help victims of hurricane Sandy. They will be taking food, clothing, diapers, formula, until Sunday. Chairman Ewbank said he was out during the storm and wanted to thank both fire departments for doing an excellent job. Motion to accept both reports made by Vice-Chairman Fischer. Motion seconded by Supervisor Melvin and carries with all in favor.

HIGHWAY REPORT: Bill Schneider gave the report for October stating that they worked on equipment as well as lawn mowing for the Township properties. Paving was completed on Glass House Hill. They set up for Election Day, two drivers attended a safety driver training class put on by PennDOT, worked on storm cleanup from Hurricane Sandy. Heaters Hill was the most hardly hit area. Trees were down on most Township Roads, however between the highway department and the Mill Rift and Westfall fire departments they had all roads open by 2:30 AM on Tuesday morning, including PennDOT roads, which were Delaware Drive to Mill Rift and Cummins Hill Road. Mr. Schneider thanked both fire departments for their assistance commenting that it is the volunteers who were out in the middle of the storm that should be thanked. Chairman Ewbank said that the fire department was able to borrow a hot stick from the Matamoras fire department to check wires that were down blocking their truck. With that they were able to determine that the wires were dead and they were able to remove the tree from the roadway and move their equipment. Mr. Schneider explained that even though wires are dead it is still dangerous to cut a tree on wires because if someone hooks their generator into their fuse box while you are cutting the tree the electric feeds through the lines and can kill you. Supervisor Melvin said it’s important to wait until Orange and Rockland is there because the majority of generators are hooked up improperly and there is a proliferation of generators out there now. Adding that the fire departments and highway department did an excellent job, and stated that it should be remembered during donation time when fundraisers are held. Supervisor Flansburg moved to approve the report. Motion is seconded by Supervisor Banach and carried with all in favor.

BUILDING/ZONING REPORT: Michael Rendleman gave the report stating there were four building permits, two electrical permits, one sign and one zoning permit issued. Total fees of $4399.12 were collected. Supervisor Banach moved to accept the report. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.

CORRESPONDENCE: On dais for review.


Act 47 Monthly Report: Solicitor Bernathy stated the Township anticipates being removed from the plan by January of 2013. The Township continues to operate within the confines of its budget and continues to meet its financial obligations. The Township continues to provide essential services.  Supervisor Melvin moved to approve report. Motion is seconded by Vice-Chairman Fischer and carries with all in favor.


Ordinance # 158 –Amusement Tax: Tabled.

Building Permits -1000 Square-Foot Exemption: Lisa Green stated that the building inspector suggested that we reduce the exemption to 250 ft.² because this is what most municipalities have done and he feels the 1000 ft.² is too high. Discussion followed. Solicitor Bernathy said the average is 200 ft.². The board had mixed feelings. Supervisor Banach wanted to see how this affects people. He would like to have the building inspector give us more information. Mike Rendleman said this is set by the state and this has to be registered with the Department of Labor and Industry. Supervisor Melvin suggested having Solicitor Bernathy look into it while were waiting for information from the Building Inspector.

Non Uniform MMO: Mrs. Green said this is something that has to be done every year. The MMO has been prepared by our Actuary Ron Roth and this year’s obligation is zero, which means the plan is doing well. Supervisor Banach moved to accept the MMO for 2013. Motion is seconded by Supervisor Melvin and carries with all in favor.

VVA Veterans Day Celebration: Chairman Ewbank said we have a letter from the Vietnam Veterans Administration that they will be hosting a service at the Soldiers and Sailors Memorial in Milford on November 11, 2012 at 11:00 AM, reminding everyone that all gave some, some gave all-and others are still giving.

Letters to Fire & Police Departments re: 6 month report of funds: Supervisor Banach said he would like a letter to go out to the three departments we fund, Mill Rift and Westfall Township fire departments as well as the police department, requesting a six and nine month report of funds allowing us see where the departments are at well before budget time. Supervisor Flansburg said he thought that was a good idea. Supervisor Melvin said the police department reports on a monthly basis to the commission and they could share that with the board. Supervisor Flansburg moved to have the secretary send letters to the police and fire departments requesting the report of funds. Motion is seconded Vice-Chairman Fischer and carries with all favor.

Resignation of Alex Cena – Upper Delaware Counsel: Chairman Ewbank said we received a letter from Alex Cena resigning from the Upper Delaware Counsel as he is moving to Texas. He will be keeping his house here but will only be here on a part-time basis. Chairman Ewbank commented that he is our webmaster and questioned what would happen with that. Mrs. Green said she spoke to Mr. Cena about that and as he has taught her how to post minutes and such on the website that he didn’t feel it would be a problem to continue as webmaster. Mrs. Green said she just posted the no parking for winter hours on the website and that the times are from 6 PM to 6 AM stating that should be changed as this was discussed in the past. The board asked to put that on the agenda for the next meeting. Supervisor Melvin moved to accept Mr. Cenas’ resignation and send a letter of thanks. Motion is seconded Supervisor Banach and carried with all in favor. There is now vacancy created that we need to fill.


Delaware Valley School District Gym Addition: Mrs. Green said we have the NPDES permit that we were waiting for. Solicitor Bernathy questioned whether or not Al Handy has seen the permit. Chris Lordi  representing the Delaware Valley School District said he has seen it and they have a letter of credit in the amount of $50,020 to pose in lieu of a bond for the sidewalks. Solicitor Bernathy said a motion needs to be made to approve the Delaware Valley School District gym addition land development plan with the acknowledgment that the NPDES permit has been received, in addition to accepting the letter of credit in the amount of $50,020 in lieu of the bond. Supervisor Banach questioned if the letter of credit will be updated annually. It will be. Supervisor Flansburg moved to approve the motion stated by Solicitor Bernathy. Motion is seconded by Supervisor Banach and carries with all favor.


Smokers Choice: Chairman Ewbank said that Smokers Choice will be tabled to December 4, 2012. Solicitor Bernathy said he had a conversation with the attorney for Smokers Choice who said he was submitting a letter extending the Township’s general extension for purposes of deemed approval. Mrs. Green said she does have the letter. Solicitor Bernathy said the Township is obligated to act on plans within a certain period of time. Only the applicant can extend the time. Vice-Chairman Fischer move to accept the letter waiving the time restriction. Motion is seconded by Supervisor Flansburg and carries with all in favor. Mr. Hess questioned if
there would be a workshop Smokers Choice. Solicitor Bernathy answered no and said they will be heard at the December 4, 2012 meeting.

Monroe LBL LLC: Mrs. Green said she does not have a letter from the planning commission however we have the minutes of October 23, 2012 where they heard on their agenda the third revision for Monroe LBL LLC. Solicitor Bernathy said Planning is recommending the third revision be approved based upon correspondence from American Water dated October 12, 2012. Solicitor Banach moved to approve the plan. Motion is seconded by Supervisor Flansburg and carried with all favor.

Mr. Barth asked if there is a requirement of Smokers Choice to notify the neighbors and whether or not the berm needs to be added. Mr. Barth also questioned if you were able to see the plan. Solicitor Bernathy answered that is public record and that will be on the supervisors agenda on December 4, 2012.

Tina Hess questioned if Smokers Choice was here at the October 19 meeting. Mrs. Hess was told there was no meeting on October 19th and that Smokers Choice has not been before the supervisors yet. Chairman Ewbank said for the record at the October 23, 2012 meeting of the planning board there were two members in favor and two abstained votes and one member absent so there is no recommendation for Smokers Choice yet.

Executive Session: called and 8:40 PM for possible litigation for Eshelman.

Back in session: 8:50.

Solicitor Bernathy directed Mrs. Green to send a letter to the district attorney’s office indicating that it is the Supervisors understanding that charges have been filed against the previous treasurer for the Mill Rift Fire Department and that it is the township’s position with that said that those funds that may have been improperly or illegally taken may be in fact taxpayer dollars and we would like to be listed with their office as a victim for purposes of impact.

ADJOURNMENT: Meeting was adjourned at 8:51 pm on a motion by Supervisor or Banach. Motion seconded by Vice-Chairman Fischer and carried with all in favor.

Respectfully Submitted,

Lisa A. Green, Secretary