Monthly Archives: March 2014

WESTFALL CLEAN UP DAY

“WESTFALL TOWNSHIP RESIDENTS”

CLEANUP DAY
SATURDAY, MAY 3, 2014

8:00 AM – 2:00 PM

WESTFALL TOWNSHIP BUILDING
DELAWARE DRIVE & LA BARR LANE

$10.00 PER CAR LOAD

$20.00 PER TRUCK LOAD

$30.00 PER LARGE TRUCK LOAD

Cash or Checks ACCEPTED

WE WILL NOT ACCEPT
Tires, Refrigerators, Air-Conditioners,
Asbestos, Paint, Propane Tanks
Building Materials or Brush

NO HOUSEHOLD GARBAGE

Any questions can be answered by calling the Township
Office at 491-4065 during normal business hours.
Thank you!
Jodi Hulse
Secretary

Supervisor Regular Meeting-February 11, 2014-Minutes

Westfall Township, Matamoras, PA
February 11, 2014

The regular meeting of the Westfall Township Board of Supervisors was held Tuesday, February 11, 2014 which was rescheduled from Monday, February 3, 2014 due to winter weather. The meeting started at 7:02 pm. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall Township.

Those present were Chairman, Larry Flansburg and Vice Chairman, Robert Melvin; Supervisors, Raymond Banach (attended meeting by speaker phone), Lester J. Buchanan and Jerry Dotey; Solicitor, Robert Bernathy, and Secretary, Jodi Hulse. Also present was Zoning Officer, Michael Rendleman; Bill Schneider, Chad Steward, Luis Bocaletti, Ed Isaacson, Lisa Mickles, John Dalton, Joe Demalderis, William Koferl and approximately three members of the general public.

APPROVAL OF AGENDA: Three items were added to new business on the agenda which were as follows: Scheduling Paddler’s Point Workshop Meeting, Authorization of time for Secretary to organize files in the office, and PPL Rate Hike Letter.

Agenda approved on a motion by Supervisor Buchanan. Motion is seconded by Supervisor Dotey and carried with all in favor.

PUBLIC COMMENT: NONE

MINUTES:

December 3, 2013-Public Hearing- Minutes- Approved on a motion made by Supervisor Banach and seconded by Vice Chairman Melvin and carried with two in favor and three abstentions. Chairman Flansburg, Supervisor Buchanan and Supervisor Dotey abstained.

December 3, 2013-Regular Meeting-Minutes- Approved on a motion made by Vice Chairman Melvin and seconded by Supervisor Banach and carried two in favor and three abstentions. Chairman Flansburg, Supervisor Buchanan and Supervisor Dotey abstained.

December 18, 2013- Tabled

December 27, 2013 – Special Meeting-Approved on a motion made by Vice Chairman Melvin and seconded by Supervisor Banach carried with three in favor and two abstentions. Supervisor Buchanan and Supervisor Dotey abstained.

January 6, 2014-Organization Meeting-Approved on a motion made by Supervisor Buchanan and seconded by Supervisor Dotey and carried with all in favor.

January 6, 2014-Regular Meeting-Approved on a motion made by Vice Chairman Melvin and seconded by Supervisor Banach and carried with all in favor.

January 26, 2014-Special Meeting-Approved on a motion made by Supervisor Buchanan and seconded by Supervisor Dotey and carried with all in favor.

TREASURER’S REPORT: Scott Myer was not present. Vice Chairman Melvin gave the report. He said we closed on the $100,000.00 Tax Anticipation Note in January. The quarterly payment to EPRPD was paid in January. The real estate taxes do not start coming in until March therefore balances are low. This is the reason we needed the Tax Anticipation Note. Everything else appears to be in line at this point in time.

A motion was made by Supervisor Buchanan to accept the Treasurer’s Report. The motion was seconded by Supervisor Dotey and carried with all in favor.

POLICE REPORT: Chad Stewart gave the Police Report. The report was for the month of January. The monthly count of offenses known to police were 15 larceny theft, 1 motor vehicle theft, 1 fraud, 2 vandalism, 1 weapons offense, 4 drug abuse (3 possession and 1 sale), 1 DUI, 1 Drunkenness, 3 disorderly conduct and three all other offenses for a total of thirty two. The monthly count of persons charged for offenses are 16 larceny theft, 1 motor vehicle theft, 1 possession of stolen property, 2 drug abuse, 1 DUI and 2 all other offenses for a total of 23. The miles patrolled for the month were 5,697. Year to date miles patrolled were 5,697. Motor Vehicle Accidents for the month were 20 and year to date 20. Calls for service for the month were 173 and year to date were 173.

Supervisor Dotey moved to approve the Police Report. Motion was seconded by Supervisor Buchanan and carries with all in favor.

Chief Stewart brought up an issue at Belle Manor. He said there has been a couple of accidents and that the four way intersection does not have stop signs. He asked if the Township could look into this. There was additional discussion regarding resolving the issue. Supervisor Banach and Solicitor Bernathy agreed a traffic study would need to be done by an engineer. It would then need to advertise and make a township regulation. Bill Schneider said he thinks the problem is with the trees. There needs to be removal of trees and vegetation which are in the township right of way. Vice Chairman Melvin suggested once we get through the winter and the storms slow down that the highway department start the trimming and vegetation removal process. The Supervisors requested Chief Stewart provides a list of the intersections which need to be addressed. Solicitor Bernathy said it will be a lot less expensive than doing a traffic study with engineers involved.

Chief Stewart also brought up the issue of hydrants not being cleared of snow. He said he has seen many hydrants which are almost all covered in snow. Solicitor Bernathy said we need a list of property owners so that notice can be given to clear all hydrants. There was discussion regarding who is responsible for the snow removal. Mr. Koferl said it is the responsibility of the Matamoras Water Authority. Supervisor Buchanan said this was brought up years ago and they did nothing about it. Solicitor Bernathy said the Water Authority has not been responsive. Supervisor Banach said we are paying for these hydrants and we have been asked to be put on the board of the Matamoras Water Authority. He said we need to send a letter and they need to start shoveling the hydrants out as part of the responsibility of the maintenance of the hydrants. If they do not we need to start reducing the amount of money they are being paid.

Solicitor Bernathy asked if the Board would like him to send a notice. Vice Chairman Melvin said that is good but he is concerned about the immediate safety issue. Supervisor Banach said we should have the highway department shovel them out and add up the time and send the Matamoras Water Authority the bill. Solicitor Bernathy said that would be part of the notice. There was additional discussion. Mr. Koferl said there are approximately 37 hydrants in the township. He confirmed they are all buried. Mr. Isaacson said we should check the arrangement since in the borough it is the property owner’s responsibility. Solicitor Bernathy said this is not the borough code, it is the second class township code and there are maintenance agreements in place.

A motion was made by Supervisor Buchanan to authorize Solicitor Bernathy to send a notice to the Matamoras Water Authority. The motion was seconded by Supervisor Dotey and carried with all in favor.

Mr. Schneider said if the highway department will be shoveling out the hydrants there will be a liability issue in case they miss a hydrant and there is a fire. Solicitor Bernathy said that will be included in the notice. Our liability will be eliminated if we have to shovel out the hydrants. Supervisor Banach asked Solicitor Bernathy if he could draft the letter tomorrow and we can pick it up and have someone had deliver it to the Water Authority. Solicitor Bernathy said sure.

FIRE DEPARTMENT:

The Westfall Fire Department report was given by Luis Bocaletti. He stated there were 6 automatic fire alarms, 5 motor vehicle accidents, 1 stand-by transfer, 2 chimney fires, 1 tree wires down, 1 gas leak, 1 search/asst PD, and 3 structure fires. The total calls for January were 20 and total calls year to date are 20. Mr. Bocaletti said for EMS there were 42 calls for Westfall Township, 25 calls to cover Squad 33 and 5 calls to cover Squad 19. Total EMS calls for December were 72 and 72 calls year to date for EMS. He said one member completed 8 hours of ice rescue training. Four drills/in-house training sessions held for 122.5 hours.

Vice Chairman Melvin questioned if the fire alarms were false alarms. Mr. Bocaletti said they were. Vice Chairman Melvin showed concern regarding the equipment going out for no reason especially in the bad weather. There was discussion regarding the false alarms. Chairman Flansburg asked Mr. Bocaletti to write down where the false alarms are being called so that it could be monitored.

Chairman Flansburg brought up the letter which the Supervisors received from the Westfall Fire Department regarding the request for a meeting with the Supervisors. Mr. Bocaletti said they would like to meet to discuss the 84 project with PennDOT. He would like to have a meeting with the Supervisors, Matamoras, Police, Fire, Emergency Management and PennDOT regarding the impact of the project.

Supervisor Buchanan said the Route 6 and 209 project will be postponed as per the project manager. He said they do not have enough funds.

Chairman Flansburg said he would talk to PennDOT and schedule a meeting and make everyone aware of it.

A motion was made by Supervisor Buchanan to accept the Westfall Report. The motion was seconded by Vice Chairman Melvin and carried with all in favor.

The Mill Rift Fire Department report was given by Ed Isaacson. He said on January 2, 2014 they had a work night and ran all of their engines. On January 8, 2014 they had a work night and checked all pumps and started the generator. They held their monthly meeting on January 15, 2014. They had training on thermal camera on January 16, 2014. They received a donation of thermal cameras which will be in service by the end of the month. A Special Meeting was held on January 22, 2014. On January 25, 2014 they had training for Attics and Basements at the Pike County Training Center. They had another Special Meeting on By Laws on January 29, 2014 and on January 30, 2014 they had a work night and ran all engines. Total man hours were 182 and total equipment hours were 5. The total man hours for the year are 182.

A motion was made by Vice Chairman Melvin to accept the Mill Rift Fire Department Report. The motion was seconded by Supervisor Dotey and carried with all in favor.

HIGHWAY DEPARTMENT: Bill Schneider gave the report for January. Mr. Schneider said most of their work this month was snow storms. He said there were eighteen different storms. He said there was quite a bit of overtime due to the storms. There has been a shortage of salt but we have had deliveries and have been able to keep up with it. Mr. Schneider said the equipment is all holding up but these storms really take a toll on the equipment. He is concerned if one truck goes down that we will not have enough equipment to handle the storm. Supervisor Buchanan asked if we have a contract with any outside companies. Mr. Schneider said we do not.

Vice Chairman Melvin asked if we take care of any of the PennDOT roads. Mr. Schneider said we are contracted to do two miles of PennDOT road which is Avenue C out to the firehouse. He said we plow the hills around the mountain so we do not get our equipment stuck.

Mr. Schneider said he provided a list of poles to Aileen Sullivan for the poles which need to be removed from the Township Right of Way. Chairman Flansburg said he has been speaking with her regarding the street light account. Mr. Schneider said the two street lights on the tunnel are the responsibility of the township. One of the lights on the list is in Matamoras. He said he feels there is no need to keep the lights lit other than the ones in the tunnel.

Supervisor Banach asked Solicitor Bernathy if we are responsible for providing the lighting at the tunnel or is the state responsible. Solicitor Bernathy said he will look into that.

Supervisor Buchanan moved to approve the Highway Report. Motion was seconded by Vice Chairman Melvin and carried with all in favor.

BUILDING/ZONING REPORT: Michael Rendleman reported that there were two building permits issued in January and one zoning permit. Total permit fees were $479.00 with $200.00 outstanding.

Supervisor Buchanan moved to approve the report. Motion was seconded by Supervisor Dotey and carried with all in favor.

Vice Chairman Melvin asked if there was any comment regarding the shelving at the “old Skate land”. Mr. Rendleman said he went and spoke with the tenants. They are putting in shelving for wholesale sales. He said he advised the tenants to coordinate a meeting with the building inspector to discuss any permits required. Mr. Rendleman also made the commercial inspector, Paul Bunnell aware of the situation. He acknowledged receiving his message. Mr. Rendleman said the skating rink as it exists, is not sprinkled. Vice Chairman Melvin asked if they started building anything yet. Mr. Rendleman said the shelving they have installed is temporary.

Mr. Koferl said if they obtain a permit for change of use they must then obtain a building permit to address the fire code issues. Mr. Rendleman said he advised the applicant to contact the building department to find out if there is a need for a building permit. Sometimes there is a need and sometimes there is not.

Mr. Koferl said he thinks the Zoning Department should make the Building Department aware of a change of use to make sure the proper building permits and fire codes are addressed. Mr. Rendleman said he did make the Building Department aware of this situation. He said he will check with them again to see if the tenants or owners have been in contact.

Mr. Koferl said he thinks the Building Department should enforce the fire code of the Township.

CORRESPONDENCE: On desk for review.

OLD BUSINESS:

Township Newspaper Subscription: Vice Chairman Melvin said he received some complaints from some of his elderly neighbors in Milford Landing. They are not happy about the Township making the Pocono Record the official paper for the Township. He said he explained that one of the reasons was that we needed to advertise in a daily paper. Vice Chairman Melvin said he wanted to bring this up for discussion.

Chairman Flansburg said he received a few complaints also. Supervisor Banach asked if the complaints were that the people are looking for our legal posts or that they could not find the stories. He said he believes the stories will still be covered. Vice Chairman Melvin said they were concerned they would have to buy the paper every day to see if something was posted. They really do not want to buy a costly subscription to the daily paper. Supervisor Banach said another reason we chose the Pocono Record is that the whole paper is available on line. The Dispatch only provides certain sections on line. He said we also needed the daily paper in the case of the last Special Meeting we had. It allows the township to do business on a daily basis. Vice Chairman Melvin suggested we use both papers. Supervisor Banach said it is too confusing to have two newspapers since the people will not know which paper to look in.

Lisa Mickles said she attends many township meetings. She said Westfall Township only meets once per month and the township has the most business.

Supervisor Buchanan said he agrees with Supervisor Banach. Mr. Dotey said he thinks we should keep it the way it is and to keep the Pocono Record for the official Township newspaper. Chairman Flansburg said he agrees with Vice Chairman Melvin.

Miss Hulse said the subscription is between $200.00 and $250.00 per year. Solicitor Bernathy said we need to subscribe to the newspaper. Supervisor Banach said we receive the certified notice that the notice was placed so he feels we do not need to bear the extra expense of the subscription. Solicitor Bernathy said the township should have the subscription as a history of what is going on within the township. Supervisor Banach asked where all of the old Dispatch papers are filed in the office. Miss Hulse said the most current ones are on the shelf in the office but she has not seen any other than those. The Supervisors decided not to purchase the subscription to the Pocono Record.

Chairman Flansburg said he would like to introduce Mr. Joseph Demalderis who is our applicant for the Upper Delaware Council Vacancy. He said he would like to discuss this now so that Mr. Demalderis does not have to sit through the meeting.

A motion was made by Supervisor Banach to appoint Mr. Demalderis as Upper Delaware Council Representative. The motion was seconded by Supervisor Dotey and carried with all in favor.

Mr. Demalderis said the last meeting was mainly regarding an economic study that was done for the upper river. There was also some discussion on grant money to improve certain boat launches which were not located in Westfall Township. Supervisor Dotey asked who takes care of the boat launches here. Mr. Demalderis said the Pennsylvania Fish and Boat Commission. He said the Upper Delaware starts at the bridge two in Mill Rift.

Emergency Service Equipment Application-Verizon Wireless Cell Tower: Chairman Flansburg said he and Miss Hulse forwarded the information to Mr. Swartwood and we have not heard back from him as of yet.

Chairman Flansburg said we also received a call from a representative from Orange County Emergency Services asking about adding an antenna to the tower on Cummins Hill. Solicitor Bernathy said we need to make sure there is room first for the township’s needs. Mr. Isaacson said the Mill Rift Fire Department has applied for space on the proposed Verizon Tower in Mill Rift. He said he spoke with someone in Pittston regarding the application and they said they would let Mill Rift and Westfall have one common frequency. He said there would be two spaces, one for the Township and one for the County. Solicitor Bernathy asked if Mill Rift has filled out the application. Mr. Bocaletti said yes but they have not received a response as of yet. Solicitor Bernathy said they need to follow up with it. Supervisor Banach asked if we could reserve the space so they do not give it to someone else. Solicitor Bernathy said yes.

Mr. Koferl suggested the Township Highway Department apply for space on the tower. Chairman Flansburg said the funds for the equipment probably are not available. Mr. Koferl said they have the equipment in the truck and it would cost about $500.00 for the other equipment.

Solicitor Bernathy suggests we apply for space for the Highway Department.

MJS Engineering Bills: Solicitor Bernathy asked this matter be addressed in Executive Session.

Act 47-Resolution 2014-14: Solicitor Bernathy read the Resolution to remove the township from Act 47 Plan.

A motion was made to approve the Resolution by Supervisor Buchanan. The motion was seconded by Vice Chairman Melvin and carried with all in favor.

PennDOT Drainage and Sidewalk Agreements-Resolutions 2014-12 and 2014-13: Miss Hulse said that these agreements were already signed by the Supervisors but that PennDOT sent the wrong agreements the first time and these are the revised agreements.

A motion was made by Supervisor Buchanan to approve the Resolutions 2014-12 and 2014-13. The motion was seconded by Vice Chairman Melvin and carried with all in favor.

Thomas Smith Property-Enforcement Notice-Box Containers: Solicitor Bernathy said an enforcement notice has been forwarded to the owner regarding containers which were being used for a permitted activity. Mr. Rendleman said the containers have been there since June and there is not storage allowed overnight. The containers are not permitted. Solicitor Bernathy said the owners have not responded or complied as far as the enforcement notice is concerned.

A motion was made by Supervisor Buchanan to approve the institution of enforcement proceedings against Thomas Smith who failed to comply with the enforcement notice. The motion was seconded by Supervisor Dotey and carried with all in favor.

Letter from Westfall Emergency Management Agency-request for appointment of Robert Howard: A letter was received from Robert Ewbank to request the Supervisors to reconsider the appointment of Mr. Howard as Assistant Emergency Management Coordinator. Supervisor Banach questioned a conflict between Highway Department Employee and Emergency Management Assistant Coordinator. Ms. Hulse informed Supervisor Banach that PSATS had responded to her information request and that it is not a conflict. He said this may be a conflict with the Employee Manual. Mr. Schneider said his first priority will be the township. Chairman Flansburg said he thinks what Supervisor Banach is saying is that if we authorize him to leave work for a fire and pay him, do we authorize him to leave work for an emergency other than a fire and pay him. Supervisor Banach confirmed. He does not want for Mr. Howard to have to leave for an emergency and leave the Road Master hanging and the Road Master not having any recourse because it is in the Employee Manual.

A motion was made by Supervisor Dotey to appoint Robert Howard as Assistant Emergency Management Coordinator conditional upon no conflict of terms in the Employee Manual and if Employee Manual is silent it will be revised that the Road Master has the authority to release the appointee and that the Township has priority over the Emergency Management position. The motion was seconded by Supervisor Buchanan and carried with all in favor.

PSATS Conference: Chairman Flansburg said he may be able to attend and if so Supervisor Dotey will also attend. Solicitor Bernathy said he may be interested in attending.

A motion was made by Supervisor Banach to approve Chairman Flansburg and Supervisor Dotey attending the PSATS Convention in Hershey, PA. The motion was seconded by Supervisor Dotey and carried with all in favor.

NEW BUSINESS:

Letter of Interest from Joseph Demalderis-Upper Delaware Council Vacancy: This was discussed previously in the meeting.

Orange and Rockland Street Light Bill: This was discussed previously in the meeting.

Schedule Executive Session for Highway Department Application Review: An application was received from an applicant for part time Highway Department (on call) Employee. Mr. Schneider said we need one more person available for storm coverage/plowing. Solicitor Bernathy said we will need a driver’s license check and driving record check. Supervisor Banach suggested we start looking for people with a CDL License. Chairman Flansburg said the hiring of this employee will not cost the township any more since he will be replacing one of the drivers who needs to take a break from long hours of plowing and maintaining the roads during a storm. Mr. Schneider said we can only go out for so long during a twenty four hour period without needing relief.

A motion was made by Supervisor Banach to hire Glendon Miller as part time Highway employee subject to a valid driver’s license, history check and training. The motion was seconded by Supervisor Dotey and carried with all in favor.

Richard Conklin-Stop Work Order-Building Permit Fee returned for Insufficient Funds: Solicitor Bernathy said he needs authority to proceed with criminal complaint. He said there is a much better chance of restitution if we through the criminal proceedings that if we go through the civil proceeding.

A motion was made by Supervisor Buchanan to proceed with the criminal complaint against the contractor. The motion was seconded by Supervisor Dotey and carried with all in favor.

Email from ITS Engineer-regarding overhead street name signs on traffic signal supports:

A motion was made by Vice Chairman Melvin for Miss Hulse to send a letter to ITS Engineering to approve the signage on the traffic signal supports. The motion was seconded by Supervisor Buchanan and carried with all in favor.

Christian Fellowship-Request to install projector/black water issue:

A motion was made by Vice Chairman Melvin to have Miss Hulse send a letter to the Christian Fellowship to approve the installation of the projector hook and that we do not represent the water to be potable and it is in the process of being tested. The motion was seconded by Supervisor Dotey and carried with all in favor.

Fire Protection Contract: Solicitor Bernathy provided a draft of a Fire Protection Contract for the Supervisors to review and discuss at a Workshop meeting. He explained the Contract to the Supervisors and suggested to put it on the next Agenda.

Paddler’s Point: Solicitor Bernathy said that after speaking to the applicant’s attorney they have agreed to continue the court proceedings and not proceed with the appeal pending them coming back to the township and presenting a new plan on an informal basis. If there is an agreement made on their new plan and informal submission then they agree to withdraw the appeal that they filed against the township. Chairman Flansburg said he sat with Mr. Wertz on an informal basis and he suggested some changes they propose.

There was discussion regarding scheduling a workshop meeting. Solicitor Bernathy said to invite Mr. Wertz to the next regular meeting to present his informal proposal. The Supervisors agreed.

Authorization of Secretary to organize office: A motion was made by Supervisor Dotey to approve Miss Hulse to work and be paid for twenty four hours over her normal business hours to organize the office. The motion was seconded by Supervisor Buchanan and carried with all in favor.

Letter to Public Utility Commission regarding rate hike: There was discussion regarding the rate hike and who would be the township representative if need be. Supervisor Banach agreed to attend any meetings necessary.

A motion was made by Supervisor Dotey to send a letter to the Public Utility Commission regarding the Supervisor’s concern regarding the rate hike. The motion was seconded by Supervisor Buchanan and carried with four in favor and one abstention. Vice Chairman Melvin abstained.

SUBDIVISION REVIEW and ACTION: None

EXECUTIVE SESSION: An Executive Session for personnel and litigation was called at 8:49 pm and back in session at 9:07 pm.

ADJOURNMENT: Meeting was adjourned at 9:08 p.m. on a motion by Supervisor Buchanan. Motion seconded by Vice Chairman Melvin and carried with all in favor.

Respectfully Submitted,
Jodi Hulse
Secretary

Supervisor Special Meeting-December 18, 2013-Minutes

Westfall Township, Matamoras, PA
December 18, 2013

The Westfall Township Board of Supervisors held a Special Meeting on Wednesday, December 18, 2013 at 7:00 pm. The meeting was held at the Westfall Township Municipal Building on Delaware Drive and LaBarr Lane.

Those present were Chairman Robert Ewbank; Vice-Chairman, Paul Fischer; Supervisor, Robert Melvin; Solicitor Robert Bernathy; Treasurer, Scott Myer; Secretary, Jodi Hulse; Roadmaster, William Schneider; Zoning Officer, Michael Rendleman; John Fuller, Ray Tonkin, Twila Decker and approximately fourteen members of the general public.

Supervisors Raymond Banach and Larry Flansburg were not present.

Approval of Agenda: Chairman Ewbank asked if there were any additions or deletions to the agenda. A motion was made by Supervisor Melvin to approve the agenda. Motion was seconded by Vice Chairman Fischer and carried with all in favor.

Public Comment: Twila Decker addressed the board and stated that today she hand delivered a petition to the Westfall Township Board of Supervisors regarding the Burning Ordinance. She said she is aware the Public Hearing will not be on the agenda this evening. She said she would like to bring it up now. She said it has to do with the particular zoning in the triangle area. She stated the petition is seven pages of signatures which were obtained at random. She said it seems to be spot zoning and she believes it should be all of Westfall or none of Westfall. Chairman Ewbank said this will be taken into consideration when the public hearing for the burning ordinance takes place. He said the hearing was scheduled for tonight but it was not properly advertised so it will need to be rescheduled.

Vice Chairman Fischer said he would like to clear something up which was in the Dispatch last week regarding the proposed vacation of Pond Drive. Mr. Fischer said the article stated that he was in favor of the vacation of Pond Drive and he wants to record to reflect that he is not in favor of it. He wanted to vote since he thought it would get knocked down at the last hearing.

APPROVAL OF MINUTES:

A motion was made by Supervisor Melvin to approve the minutes of the October 21, 2013 Meeting. Motion was seconded by Vice Chairman Fischer and carried with all in favor.

A motion was made by Supervisor Melvin to approve the minutes of the November 7, 2013 Meeting. Motion was seconded by Vice Chairman Fischer and carried with all in favor.

A motion was made by Vice Chairman Fischer to approve the minutes of the November 18, 2013 Meeting. Motion was seconded by Supervisor Melvin and carried with all in favor.

OLD BUSINESS: NONE

NEW BUSINESS:

Reschedule Public Hearing for Burning Ordinance: Tabled until January 6, 2014 meeting.

Adoption of 2014 Budget:

A motion was made by Supervisor Melvin to approve Resolution 2013-6. Motion was seconded by Vice Chairman Fischer and carried with all in favor.

A motion was made by Supervisor Melvin to approve Resolution 2013-7. Motion was seconded by Vice Chairman Fischer and carried with all in favor.

Tax Anticipation Note: Solicitor Bernathy said a hearing has been scheduled for an ordinance which has been advertised to approve a Tax Anticipation Note which will be proposed to be issued by The Dime Bank in the amount of $100,000.00 at an interest rate of 1.68%. He said the hearing will take place on December 27, 2013 at 6:00 at the Westfall Township Building. All are invited to attend for comment.

A motion was made by Vice Chairman Fischer to approve the Special Meeting on December 27, 2013 at 6:00 for the Tax Anticipation Note Ordinance. Motion was seconded by Supervisor Melvin and carried with all in favor.

Supervisor Melvin said to clarify; the Tax Anticipation Note is not an addition to the budget. It is to fill the gap until the tax revenue comes in March. It is not in addition to any spending.

GO 24 STORE:

Chairman Ewbank said we have a letter from the Planning Commission regarding the GO 24 Store. Solicitor Bernathy asked if the representative for the GO 24 Store would come forward and give a general over view of the proposal as far as the land development is concerned. Mr. John Fuller introduced himself as a licensed civil engineer representing the applicant. He said the current owners and proprietors of GO 24, through his engineering, have presented an amended land development plan/new land development plan to provide for the expansion of the existing store as well as some site features. He said the store will double in size from its current size in the form of an addition to the existing building. Mr. Fuller said they will be adding two additional pumps which will be designed for CNG (Compressed Natural Gas). He said the site will employ an area for the equipment that supports natural gas for the pumps. Some other additional features to the property which do not currently exist will be underground storm water contention and controls for the additional impervious surface. The site has none at present. The site currently has its own septic but the proposed plan brings sewer from the existing municipal line at the exit of Price Chopper bringing it through the right of way onto the property. Mr. Fuller said those are the major features. He said he has gone through an extensive review with the Planning Commission and the Township Engineer. He said he is open to questions or comments that the board or public may have in regards to this application.

Solicitor Bernathy stated that the Planning Commission of Westfall Township has recommended approval of this Land Development which is subject to a number of conditions which he will go through. He said the conditions are set forth in correspondence from Kiley Associates dated November 11, 2013 which is followed up with additional comments as set forth in correspondence dated December 17, 2013 from Kiley Associates. Solicitor Bernathy stated we have also received a letter from Pike County Community Planning dated December 17, 2013. He read the letter. He then recited some of the major conditions which are outstanding. A letter of adequacy from the Pike County Conservation District for Erosion and Sedimentation control in needed which is required to be provided before any earth disturbance on the site. We are still in need of approval of the Sanitary Sewer System design which is required. We are also still in need of confirmation from the Pennsylvania Department of Transportation that the connection from the underground infiltration basin and the piping within the Penn DOT right of way complies with their requirements. Solicitor Bernathy said we are also in need of a copy of the Highway Occupancy Permit from PennDOT once the permit has been issued. In addition, there was some concern raised regarding the compressor for the CNG fuel. He said there is specific concern as to the decibel levels which will be generated by the compressor. He said pursuant to the research conducted by Kiley Associates, that research indicates that the noise level for the compressor varies according to its size but on an average would be approximately between fifty and eighty decibels within ten feet of the compressor. The compressor should be enclosed in a steel housing which can reduce the noise level by ten to fifteen decibels in order for the compressor to be in compliance with the Township Ordinances. The area for the fuel compressor should be twelve feet from the east property line and fifteen feet from the south property line. He said according to the Official Zoning Map of Westfall Township the subject property and all of the abutting properties located in a C1 Zoning District according to Ordinance 505 the maximum sound level is 70 dba at any lot line not for residential use and not in a residential district given the potential for 80 dba at ten feet from the compressor. The compressor is recommended to be in a steel housing to reduce the noise level by approximately ten to fifteen decibels. He said the Supervisors may also wish to reserve the right to have the applicant provide a noise study after the facility is constructed to verify compliance with the aforementioned section of the Zoning Ordinance as well as requiring mitigation if the facility is not in compliance in addition to any Zoning issues which may be raised as indicated by the ordinance. Solicitor Bernathy said these are the major conditions and the other conditions are set forth in the two letters which he referenced earlier. He asked if there are any questions or comments regarding the subject plan.

Tina Hess asked if there have been any traffic studies done in that area. She said is it very congested in the area already. Solicitor Bernathy said no, it has not been required. Mrs. Hess said she realizes the area is not much of a residential area anymore but it is still a residential area to her. She said she does not want to hear any type of noise all night long. She said it is not fair what is being done to us with this township. They are allowing everyone to do what they want to do and they are forgetting about the residents in that neighborhood. Solicitor Bernathy said he can assure Mrs. Hess, on behalf of the Township, we are not allowing anybody to do whatever they want to do. He said we are going to make sure they are in compliance with the requirements of the ordinance. He confirmed this is one of the reasons he just went through the decibel requirements. He said this applicant will be held to the requirements as any other applicant would. There are standards that are applicable to these applications and we are going to make sure that they are adhered to. Solicitor Bernathy said we are not allowing anyone to do whatever they want. Mrs. Hess said the Township allowed the new entrance at the cigarette store across from her property. She said why that happened, she has no idea. She said it has been a sore subject with her after that happened. Solicitor Bernathy said he can appreciate that but that is not relevant to these proceedings. Mrs. Hess said she understands it is not relevant but she said Solicitor Bernathy brought up the Township doing everything right and she does not believe it. She said it is bad enough there is gasoline there. Do we really need more things put there. She asked if they are they trying to drive us out of the neighborhood. She said apparently they are. Solicitor Bernathy said he cannot speak for the applicants. He said he is here to make sure there is compliance with the Township Ordinances. Mrs. Hess said the applicant does not live there and she lives there. Solicitor Bernathy said we know and you have been very vocal at all of our meetings. Mrs. Hess said she will continue to be. Solicitor Bernathy said she is entitled and we like to hear from her.

Landa Coppertino addressed the board. She said when the tanker trucks pull into the site they go in Stella and turn right. This blocks the first two pumps and she has seen them ask the customers getting gas to move so they can pull their truck in. Meanwhile the back end of the tanker is blocking Stella Street so cars cannot go in or out. She asked if that would still be the same entrance. Mr. Fuller said this was discussed at the review of the Planning Commission. Mr. Hudak asked to demonstrate that the tanker could come in off of Route 6 & 209 and sit and fill up the existing underground tanks without sitting out on the roadway. He said, yes it is part of the application. Ms. Coppertino said the truck drivers can do that but will they do it is the question. She asked if the delivery truck drivers would be notified of the traffic pattern. Solicitor Bernathy said as far as compliance is concerned the applicant will be aware of the conditions of approval and if the Supervisor approve this tonight, which is up to them, as far as enforcement is concerned they will be placed on notice of the conditions and if the applicant is not being compliant the issue needs to be brought to the Township’s attention. The Zoning Officer will issue a notice accordingly for violation. Ms. Coppertino said thank you to Solicitor Bernathy. Mr. Hess asked if the road is blocked after 6:00 pm who can be called. Solicitor Bernathy said to take a picture or a video on a cell phone and call the township the very next day to inform the enforcement officer. There will be an enforcement notice issued. He asked that the person who took the pictures to testify in case a hearing needs to take place. Mrs. Hess asked why we should be doing the township’s job. Solicitor Bernathy said he is trying to answer the questions. He does not believe there is any municipality that has a zoning officer that works 24/7. He said just like enforcement of the law is concerned; if someone were to violate a criminal statute, at times prosecutors and police need the help of witnesses in the prosecution of a particular charge. Solicitor Bernathy said we cannot afford to pay someone to sit on a twenty four hour basis to look for violations.

Edward Isaacson asked if the Township could enforce time limitations on the use of the CNG pumps so residents do not have to hear the compressor. Solicitor Bernathy said as far as the noise is concerned the applicant needs to address it. He said we are doing everything we can so that this does not become a nuisance. Mr. Fuller said the noise will be equivalent to the noise of a vacuum cleaner which is about 50 to 70 decibels about ten feet from the compressor. He said we will put it in some type of container to help muffle the sound. They are also open to a post construction study. Mr. Fuller confirmed with Solicitor Bernathy he agrees to that as a condition. Mrs. Hess asked if the noise will be similar to the station compressor at the service station next door to her. She said she can hear that compressor when it is being used. Mr. Fuller said the pumps that are already there will remain. The site is not set up to accommodate large vehicles. He said the site is set up only to handle small passenger cars and standard pick up trucks. He explained the way the compressor works which is similar to an air compressor for power tools. He said the compressor would only run at night if someone is stopping to fill up overnight. He said the equipment will be fed from natural gas which is at the street which will be supplied by the local utility company. Mr. Fuller added there is no tanker trucks involved with the component of the site design. Mrs. Hess said she sits outside in the summer and she will be hearing the noise. She feels it is not fair that they cannot enjoy the outdoors. She said it is going to create a problem. Mr. Fuller said they will comply with the township ordinance for sound decibels. Mrs. Hess said it will take forever for any studies to be done. Mr. Fuller said it can be a condition for a Certificate of Occupancy for the post construction study to comply with the ordinance for noise. Mrs. Hess brought up the question of fire trucks being switched over to run on CNG. She said they are a much bigger vehicle than a passenger car and a pick up truck. Mr. Fuller said the site is designed for passenger vehicles only. Mrs. Hess said she has seen big trucks such as garbage trucks and electric company trucks going in and out of the site.

Ray Tonkin asked Mr. Fuller how he is defining “large”. Mr. Fuller said the site currently the site only has unleaded gas and no diesel. He said it will remain that way. He stated the Planning Commission did not put a condition of the approval as to the size of the vehicle. He believed passenger vehicles will be the ones who will come and use the facility. Mr. Tonkin said Mr. Fuller has not answered his question as to his definition of a large vehicle. He asked if he is using the actual size of the vehicle or weight rating. Mr. Fuller said he has not defined it in the plans. He said he is using the term large loosely to mean over the road eighteen wheelers and large dump trucks. He said there is no reference to the exact size of the vehicles in the plan but the site has always been designed for only unleaded gas and we are proposing to add a CNG component to that with the hope for the demand of passenger vehicles looking for CNG fill up.

Mr. Tonkin asked what the applicant’s position is on the expansion of the use and how it fits within the Westfall Township Zoning Ordinance. Solicitor Bernathy said that is one of the conditions and a zoning permit will need to be obtained from the Zoning Officer. No zoning permit has been issued at this time. He said any approvals will be granted upon zoning approval if required. Mr. Fuller said the use is compliant with the zoning. Mr. Tonkin said there are certain uses within the ordinance and asked Mr. Fuller what use he is defining this. Mr. Fuller said the retail component and the gas distribution are permitted used within the C-1 zone. Solicitor Bernathy said he does not want to get too far into the zoning issue since it is not within the Supervisor’s jurisdiction. He said as far as his limited comment, if it is a convenience store with gas pumps, it is a permitted use within a C-1 zone. If it is an auto service station then that is not a permitted use in a C-1 zone. That may raise a requirement which may require a Special Exception hearing by the Zoning Hearing Board. Mr. Tonkin said his concern is that Mr. Fuller seems to believe the zoning issues have been addressed as part of the Planning Commission review which is inaccurate. Solicitor Bernathy said he has made it crystal clear that this is out of our jurisdiction and there are obvious zoning issues which need to be addressed by our zoning officer and the Zoning Hearing Board. He said we do not have the authority to make zoning decisions. We do have the authority to make it one of the conditions of the site being developed. Mr. Tonkin asked Mr. Bernathy if the questions are being limited only to land development. Solicitor Bernathy said that is correct. Mr. Tonkin asked if the sound issue is a zoning issue. Mr. Bernathy said he would defer that to the engineer. He said he has asked the engineer to address that since the adjacent residents have raised that as an issue. He is doing that for their benefit even though they may not think so. Mr. Tonkin questioned again the issue of asking zoning questions. Solicitor Bernathy said he can ask whatever he would like but he wants to make it clear that the zoning issue remains outstanding. He also confirmed with the applicant that the zoning issue is still outstanding and it is a condition moving forward. Mr. Tonkin questioned the term mitigation regarding the sound issue. Mr. Fuller said the engineer did refer to the enclosed unit as mitigating the sound. Solicitor Bernathy said we have asked they do a subsequent study in case of the sound being over the decibel limits. Mr. Tonkin said he is concerned with the term mitigated. Solicitor Bernathy said he is making it clear that it needs to be compliant and not mitigated.

Mrs. Hess asked if they will be entering and exiting on Stella Street. Mr. Fuller said both entrances on Stella Street will remain. Both entrances will be in and out. Solicitor Bernathy said the Planning Commission requested the entrance/exits be widened. Mrs. Hess said there is an issue with lights, if you look back in your minutes. So this is another issue for her. Solicitor Bernathy said we have discussed this issue at the Planning level and we are very sensitive regarding the impact this has as a pre-existing use regarding the shining of headlights. Mrs. Hess said when you open something up there is more light brought in. Mr. Fuller said all of the fences that currently exist will remain to mitigate the light that Mrs. Hess is referring to. He said widening of the entrance is to mainly facilitate the inflow and outflow of traffic. Mr. Fuller said it will be widened by just several feet and should not affect the lighting. Mrs. Hess disagreed. Mr. Fuller said this is why the fencing will remain. Mrs. Hess said they will not be remaining the same if it will be changing. Mr. Fuller said the entrances will be about five feet wider to allow for progression of traffic. They will be losing one entrance and the other will be a right turn only due to the PennDOT requirement. PennDot has agreed due to the history of the property to allow one right turn only off of the main highway otherwise both entrances would be off of the township road. Solicitor Bernathy asked Mr. Fuller to explain the difference on the plan to show where the vehicles will be coming out as to where they come out now. Mr. Fuller said the entrance will remain in the same spot but will just be a bit wider to improve the turning radius for vehicles going in and out. Mrs. Hess said she understands this but it is not staying the same if it is being made bigger. Mr. Sigretto explains the issue to Mrs. Hess. Mrs. Hess said the space is being made bigger so there will be more lights shining on her house. Solicitor Bernathy said we understand. Mrs. Hess said she does not think he understands.

Mr. Tonkin asked if there has been any research done regarding the previous plan being expanded and any conditions for that expansion which may affect this proposal. Solicitor Bernathy said he is not aware of any conditions but if Mr. Tonkin is aware of any to please bring them to the Supervisors attention. Mr. Tonkin asked if there has been any research to see if there were any conditions. Solicitor Bernathy said not to his knowledge. Mr. Tonkin asked that it be a condition of this approval. Solicitor Bernathy said absolutely as long as that is not in conflict with this application.

Peter Sigretto asked if they will be tapping into the natural gas line which is already there. He confirmed with Mr. Fuller there will be no deliveries due to this. He said there will not be any trucks sticking out in the middle of the road so there will not be any more congestion which is already created. He said Mr. Tonkin raised the issue of the size of the vehicles. Mr. Sigretto said he is on the Matamoras Borough Council and if this goes through they are looking into purchasing a natural gas garbage truck since the diesel fuel is much more expensive than CNG. He said it is about 1/3 of the cost and there are grants available now. Solicitor Bernathy asked the size, weight and height of the truck. Mr. Sigretto said he does not know. Mr. Fuller said the truck would fit on the site and under the canopy. Mr. Sigretto said this will be helpful to Matamoras and Milford Borough. He said he has been to a couple of seminars with Matt Osterberg. He said there is enough natural gas in Marcellus Shale to supply the world with about five hundred years with natural gas. This country is the only one still using gas and diesel. The price of natural gas at Coburn Oil in Susquehanna County is ninety nine cents per gallon. He said their whole fleet runs on natural gas. Solicitor Bernathy asked Mr. Fuller if a standard sized garbage truck could get in and out of the site. Mr. Fuller said that a standard size garbage truck will be able to drive in and out of the site. Mr. Bernathy asked Mr. Sigretto what the alternative will be if the garbage truck cannot maneuver on the site. Mr. Sigretto said what we do depends on what you do. Solicitor Bernathy asked Mr. Fuller if there is any way we could accommodate this. Mr. Fuller said it could be set up to where the garbage trucks would be able to go to a specific pump. Solicitor Bernathy asked Mr. Fuller if we could agree to some type of schedule for the truck. Mr. Fuller said absolutely. Solicitor Bernathy said to Mr. Sigretto that there will be a schedule or a time that the attendants would put out cones to block the pump so that the garbage truck can be accommodated. Solicitor Bernathy asked if Mr. Losee would like to add any comment. Mr. Losee said he would like to echo Mr. Sigretto’s thoughts. He said the county would like to change their entire fleet to natural gas. Mr. Sigretto said the state of Pennsylvania is giving away free money right now for this changeover. Bruce Selneck said it is not free. We are all taxed for it and it is not free. Mr. Sigretto said it is coming out of his tax dollars too.

Chairman Ewbank asked how much space is on the plan between the store and the pumps. Mr. Fuller said there is about twenty five feet. He confirmed there would be enough room to get a garbage truck in and out. Mr. Fuller added that they have eliminated much of the parking on the site to allow for better traffic flow in front of the store.

Mrs. Hess said there is talk about Matamoras and Milford using the site. She asked if anyone realized the amount of traffic this will create on Stella Street going in and out. She said it is going to be horrendous and there has not been a traffic study. Solicitor Bernathy said a traffic study was not required. He said the volumes of the driveways will be regulated by PennDOT which is a condition of approval. Mr. Tonkin asked if the volumes of traffic on Stella Street will be regulated. Solicitor Bernathy said only on the State Highway. Mrs. Hess asked who would do the study on Stella Street. Solicitor Bernathy said he does not know if we can regulate that. Mrs. Hess said she is concerned only about what is going up and down Stella Street and not so much what is going up and down Route 6 & 209. Solicitor Bernathy said he just does not know if this will take off. Mrs. Hess asked Solicitor Bernathy to confirm there will be no traffic study required. He said there is no traffic study required by the ordinance. He said the reason you are asking to have this done is based on speculation that this site will generate volume as it relates to the alternative fuel source and he does not know that is the case.

Chairman Ewbank said he thinks we need to take into consideration the statements of Mr. Sigretto. He feels that if this takes off all of the cigarette stores will be selling CNG as well. He said they will not only be going to this facility. They will be going all up and down the road.

Mr. Selneck brought up the point that if one hundred cars are pulling in per week to get CNG then that means there will be one hundred cars that are not filling up with unleaded. He said except for the initial rush, it will not be that much difference in volume. He feels the volume will even out eventually.

Nancy Buchanan addressed the Board. She said if they are concerned about the environment, odors and emissions, that CNG is very clean. Mr. Sigretto commented. He referred to three major cities converting all of their buses to natural gas. He said this will cut down on smog by 85%. Natural gas burns very clean. He feels it is the wave of the future.

A motion was made by Vice Chairman Fischer to approve the Land Development application with all of the conditions that have been enumerated and also the conditions that have been specifically in the correspondences which have been incorporated by Solicitor Bernathy and stated for the record. The motion was seconded by Chairman Ewbank and carried two in favor and one abstention. Supervisor Melvin abstained due to the fact he is employed by Pike County Light and Power who sells CNG in the Borough of Matamoras and Westfall Township.

SUBDIVISION AND REVIEW: Chairman Ewbank we have nothing to discuss.

Supervisor Melvin stated this is Chairman Ewbank and Vice Chairman Fischer’s last meeting and we have cake and coffee and all are invited to stay.

ADJOURNMENT: The meeting adjourned at 8:10 pm on a motion made by Supervisor Melvin. The motion was seconded by Vice Chairman Fischer and carried with all in favor.

Respectfully submitted,
Jodi Hulse
Secretary

Planning Workshop Meeting-Thursday, March 13, 2014-Cancelled

The Planning Workshop Meeting which is scheduled for Thursday, March 13, 2014, has been cancelled due to lack of agenda.

Thank you,
Jodi Hulse
Secretary

Westfall Township Board of Supervisors-Special Meeting-March 5, 2014

Please take notice that the Westfall Board of Supervisors will hold a Special Meeting on Wednesday, March 5, 2014 at 7:00 pm to meet with Warwick Properties, Inc. to informally discuss the previously approved Land Development Plan for Senior Housing located on Hulst Drive and potential changes to said plan including, but not limited to, subdivision.

Thank you,
Jodi Hulse
Secretary