Westfall Township_ Matamoras_ PA.doc by shenreng9qgrg132


									Westfall Township, Matamoras, PA
November 4, 2010

The regular meeting of the Westfall Township Board of Supervisors was held Thursday, November 4, 2010
at 7:00 pm. The meeting was held at the Township Building on Delaware Drive and LaBarr Lane, Westfall

Those present were Chairman, James Muir; Vice-Chairman, Lester Buchanan; Supervisors, Robert Ewbank,
Paul Fischer and Raymond Banach; Solicitor, Robert Bernathy and Secretary, Lisa Green. Also present were;
Zoning Officer, Michael Rendleman; Building Inspector, Shawn Bolles; Bill Schneider, Luis Bocaletti,
Christina Robin, Eric Stewart, Chad Stewart, Roland McDonald, Larry Paolillo, Debra Banach, Lisa Mickles,
John Dalton, Marge Tonkin, Alex Cena a approximately 5 other members of the general public. Treasurer, Scott
Myer was not present.

AGENDA: The agenda was approved on a motion by Vice-Chairman Buchanan. Motion was seconded by
Supervisor Ewbank and carries with all in favor.

PUBLIC COMMENT: Eric Stewart said that he and his family were singled out by Mr. Banach asking for
zoning, building, and sewage permits. He does not know why this happened stating his contact with Mr. Banach
has been minimal. With that Mr. Stewart said he would like to bring attention to issues on Mr. Banach’s
property such as placing it in Act 319 in December of 1997. A barn was placed on the tax records September
24, 2010 although Mr. Stewart has documentation that the barn existed long before that. Upon further
inspection the whole top of the mountain has been clear cut with buildings all over it. Mr. Stewart said he would
like to turn his findings over to the Supervisors and have them do what they have to do. Chairman Muir asked if
he has copies of his information. Solicitor Bernathy said that would be directed to the code enforcement
officers. Mr. Stewart said he is alleging that there are zoning violations and tax issues. Also stating that there is
no C/O for the barn.

Christina Robin asked if there has been any consideration to separating the zoning issues from the
comprehensive plan. Solicitor Bernathy said that Carson Helfrich provided the board with additional language
to the comprehensive plan and that the plan is available to review online. Mrs. Robin asked if there is any
chance that the zoning will be separated out. Vice-Chairman Buchanan said even though it is in the
comprehensive plan the process remains the same and it will be handled separately. The property needs to be
posted, neighbors will be notified and there will be a public hearing.

Mrs. Robin asked if there has been any more on the investigation regarding the Katz matter. Solicitor Bernathy
said he has had an opportunity to process and give thought to the request that was made at previous meetings
and at this point it is against his legal advice that the township supervisors proceed any further with any
involvement in this matter. Solicitor Bernathy said he is concerned that Mrs. Robin is alleging that someone
who was either employed by this township or worked for the township was involved with criminal activity and
in order to allege that someone has committed a crime you need to have facts. Mrs. Robin said she has never
alleged that someone committed a crime she said someone made a mistake. Solicitor Bernathy said when you
ask the District Attorney to get involved, the DA investigates crimes. A mistake would be a civil matter.
Solicitor Bernathy said with that said he cannot advise the Board of Supervisors to proceed in that matter any
further. If the District Attorney would like us to cooperate with an investigation we would do that, but there are
no facts that any Solicitor or Board Member has been involved with any criminal matter. Further stating when
you infer or allege that someone has committed a crime that is subject to liable resulting in litigation and
hundreds of thousands of dollars in damages and with that said that will be the end of it. Mrs. Robin said she
never accused someone of committing a crime she asked that it be looked into because something went wrong
somewhere. Mrs. Robin further said she resents that she gets attacked by Solicitor Bernathy at every meeting.

Solicitor Bernathy said that he is not attacking her. Chairman Muir said if Mrs. Robin wants it to go any further
she needs to do that on her own.

MINUTES: The minutes of the October 5, 2010 regular meeting were reviewed and approved on a motion by
Supervisor Ewbank, seconded by Supervisor Fischer. Motion carried with all in favor.

TREASURER’s REPORT: Supervisor Banach moved to accept the treasurer’s report for September. Motion
seconded by Vice-Chairman Buchanan and carries with all in favor.

POLICE REPORT: Chief Stewart gave the Police Report for October reporting 208 total calls for service and
7,811 miles patrolled. Chief Stewart cautioned residents to keep their vehicles and homes locked as there has
been an increase of thefts to motor vehicles and there have also been burglaries in the areas. Supervisor Fischer
moved to accept the police report. Motion was seconded by Supervisor Ewbank and carried with all in favor.

FIRE DEPARTMENT: Luis Bocaletti gave the Westfall Township report for October reporting 22 calls, 181
man hours, and 34 ambulance calls for the month. Vice-Chairman Buchanan said that the fire department asked
the board to look into charging fees for emergency services and that there is no authority to charge for services
and PSATS advises against doing so because if it is challenged in court we will lose. Luis thanked the board for
looking into it. Vice-Chairman Buchanan moved to approve the report. Motion is seconded by Supervisor
Ewbank and carries with all in favor.

HIGHWAY REPORT: Bill Schneider gave the report for October stating that the lines were painted on the
road at Wal Mart traffic signal area. The department has done regular maintenance around the township
buildings. Shoulder work was done at Rod & Gun Club Road, Cummins Hill Road and Heaters Hill Road.
Regular maintenance was done of the compost area. They have performed normal maintenance on equipment
along with installing a new starter on sander, new tires on the Chevy Pickup, and new tires on the Ford Pickup.
They cleaned leaves and debris from culvert pipes and drains, and Mr. Schneider attended the Pike County
Road Task Force meeting. Supervisor Ewbank moved to accept the highway report. Motion seconded by
Supervisor Fischer and carries with all in favor.

BUILDING/ZONING REPORT: Mike Rendleman gave the report for October reporting that there were four
building permits and three zoning permits issued. Fees were $2,518.00. Shawn Bolles stated that the tenant
moving into the Hollywood Video store had started work without a permit. They were told one month ago to
stop working and they continued to work. There was a discussion last week when they began to change the
signs and they were told once again to stop work. Mr. Bolles said that he has spoken to Mr. Charles Miller and
that the fees for starting work without a permit are three times that of the normal building permit fee. Solicitor
Bernathy suggested that a violation notice be sent and that in the alternative request that fees be paid.
Supervisor Banach moved to accept the Building / Zoning report. Motion is seconded by Supervisor Ewbank
and carries with all in favor.

COMPREHENSIVE PLAN: Vice-Chairman Buchanan said the next meeting is tentatively set for December
13, 2010 at the Matamoras Borough Annex. This will be to discuss the open space plan and any changes made
to the comprehensive plan.

CORRESPONDENCE: On dais for review.


Act 47 Monthly Report: Solicitor Bernathy stated that as he has reported at the past few meetings as of March
2, 2010 the Federal Bankruptcy Court signed the order confirming the Township’s bankruptcy plan as well as
the Act 47 Recovery Plan which amounts to final disposition of the bankruptcy plan. The Township is operating
within the confines of its budget and continues to meet its financial obligations. The Township continues to
provide essential services and is otherwise compliant with the Recovery Plan, which has been approved by the
Bankruptcy Court on March 2, 2010. The Township is otherwise in compliance with the settlement agreement
reached with Katz and now an order of the Court, which was approved by the United States District Court. In
addition there will be some consideration regarding additional funding for the pump station. Once the pump
station is installed in December the Township will have complied with all its non-monetary obligations to Mr.
& Mrs. Katz.

Cable Franchise: Tabled

Fire Loss Ordinance: Tabled


Resolution 2010-4: Chairman Muir stated this resolution is to amend the fee schedule to include fees and a
bond for street openings. The proposed fee is $50.00 for the first 10 feet and an additional $100.00 for each 100
feet thereof. The bond will be set at $10,000.00. Supervisor Banach moved to adopt the fee schedule. Motion is
seconded by Supervisor Fischer and carries with all in favor.

Planning/Government Committee Appointment: Vice-Chairman Buchanan moved to appoint James Muir to
this committee. Motion is seconded by Supervisor Ewbank and carries with all in favor. This is regarding the
Marcellus Shale Task Force.

Commitment Letter for 2010 Audit: Chairman Muir stated we have a commitment letter for the 2010 Audit
from Kirk, Summa & Co. LLP at a rate of $4,800, which has increased from last year by $200.00. Vice-
Chairman Buchanan moved to accept the proposal. Motion is seconded by Supervisor Ewbank and carries with
all in favor.


ADJOURNMENT: Meeting was adjourned at 7:31 p.m. on a motion by Vice-Chairman Buchanan. Motion
seconded by Supervisor Banach and carried with all in favor.

Respectfully submitted,

Lisa A. Green


To top