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

Absent: ---- 0

Attendance: ---- 1

Courtesy of the Floor: None

Approval of Minutes: ------ December 07, 2011, Regular Meeting
-------------------------------------------- December 14, 2011, Regular Meeting

Motion: --- I move we waive the reading of the Minutes of the December 7, 2011 Regular Council Meeting and accept same as presented.

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

Motion: --- I move we waive the reading of the Minutes of the December 14, 2011 Special Council Meeting and accept same as presented.

Paulus, Kovacs: Moved and Seconded
Dreisbach, Kovacs, Woolley, Paulus: ------- Aye
Atkinson: ---------------------------------------------- Abstained

Reports:

1. Sandra A. Pudliner
Township Manager

1.) The Township Manager advised the Board that she has provided them with a written Manager’s Report dated December 15, 2011.

2.) The Township Manager advised the Board that at the most recent construction conference with respect to the New Municipal Building Construction; a discussion took place regarding the concept of construction management. It was determined that Kimmel Bogrette acts in the capacity of a construction administrator enforcing the contract terms with the general contractor. With respect to construction management, the Township itself is acting as its own construction manager. The Township Manager noted that she is only bringing this to the Board’s attention due to the fact that in the event a dispute would occur which cannot be resolved between the contractor and the architect, the Township Council would then need to make a determination as to the resolution of such disputes. After discussion, Council indicated that there was an understanding of the Township’s responsibility to resolve disputes when the parties involved are at an impasse and causing delay to the project.

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

1.) The Township Engineer advised that the sinkholes on Irma Drive within the Chestnut Grove Towne Garden Development have been repaired and that the residents are back in their homes as of last Wednesday. There was a discussion regarding an article in the newspaper interviewing one of the residents involved. The resident expressed their deep appreciation to the Township for stepping in and assisting them in saving their homes.

2.) The Township Engineer noted that with respect to the New Municipal Building Project, some time ago an abandoned well had been discovered. The site design team at that time determined to remedy the problem at a cost of approximately $500. The Township Engineer noted that the architect does not want to pay the contractor for the cost noting their reason being that the contract provides that they must remove existing utilities. The Township Engineer advised the Board that in his opinion this well that no one knew of was not an existing utility. Council directed the Township Engineer to advise all parties that the Township would pay for the cost of the abandoned well remediation.

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

1.) The Township Attorney advised that a meeting had been held today with representatives of the Lehigh Valley International Airport, the Township Manager, the Chairman of the Board and himself concerning the airport’s intentions with respect to the land they own north of Race Street within the Township boundaries. The Township questioned the airport officials as to whether or not it is their intent to sell that land. Those in attendance on behalf of the airport made it very clear that they may sell land contiguous to that property but they are not selling the land within the Township. They feel that property may be necessary for future runways. However, they acknowledged that is not in the horizon and that those plans may not fall into place for many years. Chairman Paulus commented that one of the attendees at the meeting on behalf of the airport is the new airport manager who will be taking over in January 2012. Chairman Paulus noted that he did not say a word at the meeting and let the other two gentlemen who are currently running the airport explain the airport’s position. Chairman Paulus noted that he felt like it was business as usual and talking to them was the same as dealing with the former airport management team. He questioned why the soon-to-be new airport manager didn’t comment on anything. He also questioned whether maybe he was not of the same opinion as the current airport management. The Township Attorney felt that was not the case, but that gentleman has not yet taken over the airport management and most likely is being very careful as to any comments at this time.

There was some general discussion as to how the airport would produce the revenues necessary to pay off their current debt to WBF Properties. The sale of the Queen City Airport could be extremely difficult due to restrictions in place, which would require a new location. It was noted that the airport has land in Allen Township, East Allen Township and Hanover Township, Northampton County, which could be sold. It was also noted that in their long-term plan, the airport is showing Willowbrook Road basically being totally gone and relocated in another area entirely. Additionally, the entire Industrial Park known as LVIP II would also be gone.

The Township Attorney noted that at the meeting there was also a discussion with respect to an Airport Hazard Ordinance. Attorney Eaton advised that he told them that a long time ago the Township was ready to move forward with same but that the Township cannot undertake it by itself. They indicated at the meeting that they would provide the Township with samples to work with.

2.) With respect to the Irma Drive sinkhole matter, the Township Attorney noted that as soon as all the costs have been received he would proceed with putting liens on the properties of the individuals involved. The Township Attorney noted that the property owners have sought legal counsel and that he felt there will be a cooperative effort going forward after the City of Bethlehem. Although the Township will have liens on the properties involved, obviously the Township would prefer cash and working with the legal representation of the properties owners would be a good idea. Additionally, the Township Attorney noted that the property owners have talked to an expert hydrologist to provide testimony. The issue here is whether a sinkhole occurred underneath the main and caused it to break or the water main broke and caused the sinkhole. Additionally, the Township Attorney advised the Board that his office is currently conducting interviews of the property owners in that area to attempt to establish a timeline of problems in that area prior to the actual discovery of the sinkhole.

Councilman Atkinson questioned the Township Engineer as to whether or not he had an idea of what the costs are involved in this matter. The Township Engineer indicated he still did not have all the figures but that the sinkhole repairs took a lot of concrete. He did note, however, that his associate kept really good notes as to what work was done on each of the houses involved. Accordingly, it should be relatively easy to determine how the costs for the repairs should be proportioned.

There was some general discussion initiated by Councilman Kovacs referencing the fact that he had noticed in reports that Catasauqua Lake was being named instead of Lake Hanover. The Township Attorney noted that the Township has changed the name but there are still the formal channels that we must go through to finalize same. There was some discussion regarding the fact that the fish are growing in the lake. Councilman Atkinson indicated that he had noticed that they are growing and the Township Engineer indicated that is the case. The Township Engineer advised that the Public Works Director had told him that he just saw another hatch of minnows. Additionally, the Township Engineer noted that the aerators are working fine.

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 Report, written Code Enforcement Officers’ Reports and written Building Inspector’s Report and same were noted for the record.

Councilman Kovacs commented that the report issued by Base Engineering with respect to the Chestnut Grove/Irma Drive Sinkhole issue was in his opinion an excellent report.

8. Treasurer’s Report (Written)

Motion: --- I move we accept the computer printouts dated December 21, 2011, for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

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

Unfinished Business:

1.) Bill No. 2011-19, An Ordinance Electing to Amend the Township’s Municipal Pension Plan Administered by the Pennsylvania Municipal Retirement System Pursuant to Article IV of the Pennsylvania Municipal Retirement Law and the Municipal Pension Plan Funding Standard and Recovery Act, all as Amended; Agreeing to be Bound by all Provisions of the Pennsylvania Municipal Retirement Law as Amended and as Applicable to member Municipalities; Authorizing Execution of an Amended Municipal Pension Plan Contract and Repealing Superseded Provisions Regarding the Pension Plan by Amendment to Chapter 1, Part 7(E) of the Statutory Code of Hanover Township (Public Hearing)

The Township Attorney indicated that in the ongoing process regarding the changes to the Pension, PMRS had indicated that changes to the Ordinance they would like included adding headings and adding a Section 1.796. Same has been accomplished and the Township Attorney noted that the Board would need to make a motion approving those amendments prior to adoption. Accordingly, in resolution of this matter, the Board made the following motions:

Motion: --- I move that Council approve the Amendments to Bill No. 2011-19 as presented.

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

Motion: --- I move that Bill No. 2011-19, An Ordinance Electing to Amend the Township’s Municipal Pension Plan Administered by the Pennsylvania Municipal Retirement System Pursuant to Article IV of the Pennsylvania Municipal Retirement Law and the Municipal Pension Plan Funding Standard and Recovery Act, all as Amended; Agreeing to be Bound by all Provisions of the Pennsylvania Municipal Retirement Law as Amended and as Applicable to member Municipalities; Authorizing Execution of an Amended Municipal Pension Plan Contract and Repealing Superseded Provisions Regarding the Pension Plan by Amendment to Chapter 1, Part 7(E) of the Statutory Code of Hanover Township, be adopted as Ordinance No. 528.

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

New Business:

1.) Bill No. 2011-20, An Ordinance Amending Chapter 7, Part 8 of the Statutory Code of Hanover Township to Require that Rapid Entry System Boxes Contain Elevator Fire Service Keys (Introduce).

Bill No. 2011-20 was introduced at this time with a Public Hearing on same to be held on Monday, January 9, 2012, at 7:30 P.M.

2.) Resolution No. 2011-46, A Resolution Approving Budget Transfers for the Year 2011 (Vote).

The Township Manager advised the Board that in accordance with the Township’s Home Rule Charter it has become necessary to make a Budget Transfer into the Administration Department since the Department cannot run in the red within a calendar year. Accordingly, the Board made the following motion:

Motion: --- I move that Resolution No. 2011-46, A Resolution Approving Budget Transfers for the Year 2011 be adopted as presented.

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

Payment of Bills:

Motion: --- I move Council authorize payment of Payroll (12/9/2011), Payroll (11/23/11), Voucher Nos. 18368-18385 (Prepaids), Voucher Nos. 18386-18440, from the General Fund Account in the amount of $135,919.47; Voucher Nos. 85 from the Liquid Fuels Account in the amount of $5,795.35; Voucher Nos. 3782 (Prepaids), Voucher Nos. 3783-3788 from Capital Reserve in the amount of $574,051.20; Voucher Nos. 3832-3833 from the Escrow Account in the amount of $7,609.00; Voucher Nos. 3738 (Prepaids), Voucher Nos. 3739-3742 from the Water Account in the amount of $570.42; Voucher Nos. 4787 (Prepaids), Voucher Nos. 4788-4797 from the Sewer Account in the amount of $27,100.69 for a Grand Total Expenditure of $751,321.13.

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

Courtesy of the Floor:

Vice Chairman Dreisbach requested a brief Executive Session after the meeting to discuss a personnel matter. It was noted that the Board would not return to the meeting and that no decisions would be made.

Adjournment:

The meeting was adjourned at 8:10 P.M.

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