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Township Meeting - Minutes

HANOVER TOWNSHIP, LEHIGH COUNTY
REGULAR COUNCIL MEETING

May 19, 2010
7:30 P.M.

Present: ---- Councilwoman Hayden, Councilmen Atkinson, Dreisbach, Kovacs, Paulus; J Jackson Eaton III, Esquire;
-------------------- Frederick P. Hay, P.E.; Sandra A. Pudliner; Vicky Roth

It should be noted for the record that Councilwoman Hayden attended the meeting via telephone conference as a result of a disability, which does not permit her attendance in person.

Absent: ---- 0

Attendance: ---- 4

Courtesy of the Floor:

In attendance at the meeting was Mr. Timothy Sessions of Felton, Pennsylvania, who advised the Board that he represented Monroe Muffler, which is currently conducting an operation at the BJ’s Wholesale Club located within the Township. He indicated that the facility at BJs is an auto repair facility to include a five bay garage area and that they have been replacing tires at that facility for the past six years. He noted that they have had a trailer parked on the BJ’s lot for used tires. Once the trailer is full, a company from West Virginia comes in to pick up the tires, which are then used for recycling purposes. Councilman Kovacs questioned the length of time on average it takes to fill the trailer and Mr. Sessions indicated that it most probably is somewhere around 30 days. Mr. Sessions further indicated to Council that BJ’s has informed his office of a new ordinance adopted by Hanover Township. Mr. Sessions noted that in discussions with the Township’s Manager/Zoning Officer, he has become aware that a permit for the trailer currently on the BJ’s site cannot be issued since the new ordinance is restricted in that it would only permit the storage trailer on the property for a maximum of 60 days during any calendar year.

Mr. Sessions further advised that his company could be forced to keep the tires inside where welding and other activities are conducted. Such conduct would most probably be in violation of OSHA regulations. Another alternative would be for his company to store the tires outside in the parking lot, which could become unsightly and also allows for water to accumulate inside the used tires. Mr. Sessions further noted that if they are required to store the trailers inside, that would reduce their ability to do business by one bay.

The Township Attorney indicated that if Council desires he can look at the adopted ordinance and determine if there are some alternatives. He noted that the Township Manager and he can get together and then present alternatives to the Board. Attorney Eaton noted that the Township must look at not setting a precedent in this matter. Chairman Paulus commented that he felt Mr. Sessions company has been caught up in something the Township was seeking to prevent but not necessarily applicable in his case. Mr. Sessions noted that he questioned the US Food Service operation and who would be going in there to verify if they move those trailers every five days. He also advised the Board that there are not a lot of companies that recycle tires such as the company they utilize and further that the company would not be willing to come up every five days for the tires. Mr. Sessions concluded that his company has 84 locations in BJs across the country and has never had an issue with respect to the storage trailers at their facilities. The Township Attorney concluded discussions by indicating that the Township will attempt to seek a favorable resolution to this problem. When a determination can be made, Mr. Sessions will be notified of the Township’s actions.

Approval of Minutes: ------ May 5, 2010, Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the May 5, 2010 Regular Council Meeting and accept same as presented.

Paulus, Kovacs: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ---------- Unan

Reports:

1. Sandra A. Pudliner
Township Manager

1.) The Township Manager advised the Board that she has provided them with a copy of an email from the Township’s architect regarding the proposed new Municipal Building construction. The architect has requested a meeting on June 1 at 10:30 A.M. to present to the Board current documents for the construction of the building and finish recommendations for both interior and exterior finishes. The Township Manager noted that she will be on vacation on June 1 and would be unavailable for the meeting. Council discussed same and determined that they would still hold the meeting on June 1, 2010 at 10:30 A.M. Since the majority of the Board would be in attendance, the meeting would be advertised. The Township Attorney and the Township Engineer would not be required to attend such meeting.

2. Frederick W. Hay, P.E
Township Engineer

1.) With respect to the Allendale Water Main Replacement Project, the Township Engineer advised that the water main is in and that they are now doing hookups. Work to be accomplished yet includes valve vaults and replacement of meters. The Township Engineer noted there would be two master meters.

2.) With respect to the Race St./Willowbrook Rd. Signal Light Project, the Township Engineer commented that if everything proceeds as planned, that project should be completed within three weeks. The Township Manager questioned why there is a restriction on Willowbrook Rd. for all traffic to funnel into one lane at the intersection. The Township Engineer indicated that Penn DOT made that requirement.

3.) With respect to the Catasauqua Lake Project, the Township Engineer noted that excavation has revealed a lot of boulders. In one area bedrock exists at a depth of 18 feet to 30 feet. He noted that it had been the intent to use clay in the pond area but since it has revealed the problem the Township has three options. The Township could do nothing. The Township could put in a bentonite liner, which would be so costly that it would most likely equal the cost of the total project. The third option would be to put down a half foot of fill mixed with bentonite. Mr. Hay advised that the airport has indicated willingness to give the Township the fill. This solution would probably cost around $20,000 and the geologist the Township has been dealing with thinks this would be a good idea. A discussion ensued. Council as a whole felt the alternative discussed by the Township Engineer for an approximate cost of $20,000 would be the way to go.

There was discussion with respect to work at the Irving Street culvert area. The Township Engineer noted that he has to sign an affidavit saying that DEP’s rules have been followed. Also, the Township Engineer indicated that easements have been required from Allendale Apartments, Agere and Balliet. With respect to the former Keim property, the Township Engineer noted that he met with them with respect to moving their trees. The Township Engineer also noted that Irving Street will need to be closed for probably one month. The Township Engineer also indicated that a water main and gas main will need to be lowered.

3. J. Jackson Eaton, III, Esquire
Township Attorney

1.) The Township Attorney advised that because of a drawing mentioned in a chain of title for the Township’s property to include the municipal building, garage area, etc. he had initiated a quiet title action. Search of records could not produce the drawing mentioned in the deed documents, but Attorney Eaton indicated that the Township Manager through contact with a property owner in the area has secured a copy of the drawing in question. Attorney Eaton noted that he just received the drawing this evening, but after he has an opportunity to review same; he noted that it may preclude the necessity of a quiet title action.

2.) The Township Attorney advised that the Hanover Township Planning Commission reviewed the Township’s proposed Zoning Map change and has made a recommendation in favor of said Zoning Map change and additionally has made a recommendation to the Zoning Hearing Board that the Special Exception Use Request of the Township be granted as same applies to the new municipal building.

4. Maintenance Report (Written)

5. Fire Company Report (Written)

6. Code Enforcement Officers’ Report (Written)

7. Building Inspector’s Report (Written)

Chairman Paulus acknowledged receipt of a written Maintenance Report, written Fire Company Reports, written Code Enforcement Officers’ Reports and written Building Inspector’s Report and same were noted for the record.

There was a discussion with respect to a leak at the waterfall at Canal Park. The Township Manager advised that she would look into that matter. It was noted that a sinkhole on the basketball court at Sherwood Park has been repaired. It was further noted that two Fire Company Reports have been submitted for March and April, 2010. Councilman Dreisbach questioned that with respect to false alarms when did the Fire Company charge for responding. The Township Manager noted that they charge after the third alarm and that those monies go directly to the Fire Company.

8. Treasurer’s Report (Written)

Motion: --- I move we accept the computer printouts dated May 19, 2010, for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

Paulus, Atkinson: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ---------- Unan

Unfinished Business: NONE

New Business:

Councilman Dreisbach brought to the Board’s attention a scholarship fund which has been set up in memory of Daniel D’Ambrosio. He noted that he thought the Board should consider placing something in the budget for 2011 in terms of a contribution to same. He further noted that both Mr. and Mrs. D’Ambrosio have served the Township on boards for numerous years and felt that the Township should make a contribution to this fund. Councilman Dreisbach further indicated that he had noticed when he came to vote that the new constable was at the Township Building the entire day. Chairman Paulus commented that he felt that the latest Township Newsletter was very informative and well done.

1.) Resolution No. 2010-27, A Resolution Designating an Area of Compliance in Accordance with Section 109.9 of the Building Code of Hanover Township (VOTE).

The Township Attorney commented that this resolution relates to the Township’s reinspection process, which is on a rotating cycle for five specific areas of the Township. In resolution of this matter, the Board made the following motion:

Motion: --- I move that Resolution No. 2010-27, A Resolution Designating an Area of Compliance in Accordance with Section 109.9 of the Building Code of Hanover Township, be adopted as presented:

Kovacs, Dreisbach: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ---------- Unan
.

2.) Resolution No. 2010-28, A Resolution Providing for the Appointment of J. Thomas Lerch to the Hanover Township Zoning Hearing Board (VOTE).

Chairman Paulus noted that this item would be tabled until the next Council meeting.

Payment of Bills:

Motion: --- I move Council authorize payment of Payroll (04/30/2010), Payroll (05/14/2010), Voucher Nos. 17100-17111 (Prepaids), Voucher Nos. 17220-17261, from the General Fund Account in the amount of $94,716.01; Voucher Nos. 66 from the Liquid Fuels Account in the amount of $5,512.77; Voucher Nos. 3568 (Prepaids); Voucher Nos. 3569-3573 from Capital Reserve in the amount of $125,710.39; Voucher No. 622 from Distribution Account in the amount of $4,049.71; Voucher Nos. 3590-3602 (Prepaids); Voucher Nos. 3603 from Escrow Account in the amount of $11,752.00; Voucher Nos. 3605-3610 from the Water Account in the amount of $36,605.34; Voucher Nos. 4580 (Prepaids), Voucher Nos. 4581-4589 from the Sewer Account in the amount of $14,038.32 for a Grand Total Expenditure of $292,384.54.

Paulus, Atkinson: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ---------- Unan.

Courtesy of the Floor:

The Township Attorney advised that due to his son’s marriage on June 5, 2010 he would not be available for the public hearing on the Zoning Map change scheduled for June 2, 2010. However, Attorney Eaton advised that a representative from his office will be in attendance.

At this point in the meeting, Chairman Paulus indicated that the Board would be entering into an Executive Session to discuss personnel issues and would not be returning to the meeting with any decisions.

Adjournment:

The meeting was adjourned at 8:30 P.M.
Respectfully submitted,

Sandra A. Pudliner
Township Manager
Hanover Twp. - Lehigh Cty. - Seal
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