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

Absent: ------------------ 0

Attendance: ---------- 3

Courtesy of the Floor:

Mr. and Mrs. Joseph Feskanin of 1680 North Irving Street and Mr. Elwood George of 1579 East Race Street were in attendance at the meeting.

Mr. Feskanin approached the Board with respect to a clarification of information he noted in the July 21, 2003 Special Council Meeting relative to the Five Year Capital Program. He noted there had been a discussion about improvements to North Irving Street and Willowbrook Road. From reviewing the Minutes, Mr. Feskanin indicated that it appeared that Councilman Williams felt that improvements should be made to those two roadways. With respect to Willowbrook Road, Chairman Paulus commented that concerns were raised that once the Catasauqua School system is built out at the new location, traffic could be intense on Willowbrook Road and that possibly the Township should start putting aside monies for improvements in that area. Mr. Feskanin indicated to the Board that his main concern is what is intended for the North Irving Street area. Councilman Williams advised that it was his feeling that the industrial parks in the area of North Irving Street have created traffic buildups. He indicated he did not give a specific area on Irving Street and that his concern was just planning issues in general.

At this point in the meeting, Mr. Feskanin advised Council that he would like to show them photographs of some of the conditions which existed in the North Irving Street area from the recent heavy rainfall. He noted that he has calculated that there is a 35 foot drop between Route 22 and the swale. He noted that the area immediately in front of the Irving Street properties also has a channel of water coming down on both sides of Irving Street. Mr. Feskanin felt that the Board should give some type of consideration to the stormwater issues in his area. The photographs Mr. Feskanin provided noted the condition of the flow through the swale from the recent storm which was estimated to be between a 50 and 75 year storm. Mr. Feskanin also had pictures depicting the Skip Keim property where there was water in excess of four feet deep. There were additional pictures depicting the playground of the Allendale Apartments which was flooded and pictures of the home of Councilman Kovacs' son which is now in different ownership which as a result of the storm had four to five inches of water in the basement.

In conclusion, Mr. Feskanin indicated to Council that he has noted that there is an allocation in the Five Year Capital Program for Miscellaneous Stormwater Projects and he felt that some of those monies could be used to make improvements in his area. He noted that improvements are being made in the Troxell Street area and all that he was requesting was that some consideration be given to their neighbors downstream. Chairman Paulus indicated to Mr. Feskanin that they would have the Township Engineer look at the swale area and report back to the Board.

Mr. Elwood George of 1579 East Race Street spoke to the Board at this time. He advised Council that with respect to his septic system problem he has spoken to both of his neighbors on either side and that they have agreed to sign the necessary papers for a waiver to allow a new septic system on his property. Mr. George advised that one neighbor thought that possibly they might be interested in going for the public water and that he himself might be interested. With respect to the neighbor on one side, Mr. and Mrs. Schaller, Mr. George noted that they indicated they would not make any definite commitment but that they might be interested in the public water. They also indicated they have a concern about their well getting contaminated. In that regard, Mr. George informed Council that he had advised the Schallers that he wanted them to have their well tested at this time and provide Mr. George with those results.

Attorney Eaton advised Council and Mr. George that he has spoken with the City of Bethlehem and that Bethlehem has indicated that anyone requesting water in that area would be served by the City of Bethlehem. Attorney Eaton noted that the individual should go to Bethlehem directly to finalize those arrangements. The Township Engineer commented that Mr. George could call Mr. Carl Newswanger from the City of Bethlehem and he would try to provide Mr. George with a number where he can be reached. Mr. Hay also noted that Mr. George is now in a position where he can install a new septic system since we have releases here which indicate that the owners of the adjacent properties are aware of the septic system installation and the Township is released from liability. The Township Attorney provided Mr. George with the releases indicating that a notary would be required when same were signed. To facilitate the matter, the Township Clerk and Mr. George left the meeting to secure the neighboring property owner signatures on the releases. The Township Engineer advised Council that he would tell Christopher Noll, the Sewage Enforcement Officer, that we now have the waivers. The design for the system would then be forwarded to his office for approval and a permit would be issued for the septic system. It was further noted that Mr. George would get a contractor to do the work, the City of Bethlehem would do the approval, but the property owner would handle getting the contractor for the connection.

Approval of Minutes: ---------- July 21, 2003 Special Meeting Capital Budget Hearing

Motion: ------- I move we waive the reading of the Minutes of the Special Meeting of July 21, 2003 and accept same as presented.

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

General Business:

1. Continuation of Public Hearing - Five Year Capital Program 2004-2008 (Review and Discussion)

Chairman Paulus opened the Public Hearing relative to the Township's Proposed Five Year Capital Program.

Chairman Paulus opened the discussions with respect to the Canal Park Project. He advised the Board that there were back-to-back picnics at the Canal Park pavilion this past Saturday and Sunday. In this type of situation, the Public Works Director has indicated that it is necessary to clean up after the one affair before the next one begins. Chairman Paulus thought that the monies involved in this could possibly be charged to the Capital Program. There was some discussion with respect to the fact that the Township has a security deposit from the party using the facility and that could be used to cover cleanup cost. The Township Manager noted that it is not the norm for back-to-back picnics to be held at one of the Township's park pavilions. She further indicated that if the party using the facility fills the trash cans but that there is no disorder in the area, the security deposit should not be used. Councilman Atkinson suggested looking into placing more trash cans in the pavilion area, especially at Canal Park to see if that helps the situation.

With respect to the Deed ceremony for the Catasauqua Lake Acquisition, the Township Manager advised the Board that the ceremony has been scheduled for Friday, August 22, 2003 at 11:00 A.M. at Canal Park. She noted that the Township would provide refreshments and lunch and that same would be catered.

With respect to further discussions concerning Canal Park, Chairman Paulus indicated that he has spoken with the Public Works Director and he has indicated to him various items he would like to be addressed at Canal Park. The first item involves a new garage door with respect to the building on the County property which would be taken over by the Township. Mr. Paulus advised that it is his understanding from the Public Works Director that same would be used for storage for trucks and equipment but mostly for things that the Township would use for Canal Park. Another item the Public Works Director suggests is a walkway to the pavilion from the parking lot. Additionally, the Public Works Director had recommended possibly a gazebo, the restroom facilities, and a well. With respect to the restroom facilities, the Township Manager advised that although the cost of same in prior discussions was estimated at $75,000, it appears that the project could cost $100,000. It was noted that no work would be done until the Township has a grant in place to cover a portion of those costs. Councilman Atkinson commented that the National Heritage Corridor will eventually be in a position to proceed with the entire Canal renovation and the Township could pursue the restoration of the lock at that time. Councilman Williams questioned monies being set aside to clean up the Canal itself. The Township Manager and Township Engineer indicated that the Township has already cleaned the Canal to a degree. Chairman Paulus noted that was the purpose in the Township's purchase of the skid loader. Councilman Atkinson again commented that he felt that the monies appropriated in the Capital Program should remain as shown because he felt that the Heritage Corridor would be moving forward within the next two or three years and that the Township should have monies in place to be in a position to make a municipal contribution toward the lock, rebanking, etc.

There was discussion initiated by the Township Manager with respect to the program titled, Catastrophe Fund. The Township Manager indicated that in accordance with the Home Rule Charter, the funds in this program have not been expended for a period of almost three years. As stated in the Charter, if there is no expenditure in the year 2003, the funds would revert back to the General Fund. The Township Attorney confirmed the Manager's position indicated that anything appropriated in the Capital Program lapses after three years if it is not used. He noted that if the program were to lapse then those monies would come back in to the General Fund as surplus and can be reappropriated in the following year's budget.

Council determined to leave the program for the Canal Project as stated. If the funds are not utilized in the year 2003, then the Board would reappropriate the monies in the following year's budget.

At this point in the meeting, Council reviewed the final program in the Five Year Capital Program; namely, the program titled, Fire Apparatus-Squad Truck. There were some discussions as to the exact figure necessary for the purchase of the squad truck. After reviewing the prior minutes of last year's Capital Program hearings, it was noted that the total project cost was listed at $250,000. Council determined to make no changes to this program. It was noted that the adoption of the Five Year Capital Program with the changes made as a result of the public hearings would be held on Wednesday, August 20, 2003 at 7:30 P.M.

2. Resolution No. 2003-31, A Resolution Designating an Area of Compliance in Accordance with Section 109.9 of the Building Code of Hanover Township (Adopt)

Motion: --- I move that Resolution No. 2003-31, A Resolution Designating an Area of Compliance in Accordance with Section 109.9 of the Building Code of Hanover Township, be adopted as presented.

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

At this point in the meeting, Councilwoman Hayden initiated a discussion with respect to the Township's Road Program. She questioned the Township Engineer as to when the final paving of Grove Road would occur. The Township Engineer advised that he did not have an exact date. Councilman Atkinson commented the Troxell Street repaving would take place commencing next week. The Township Engineer noted that the piping and the trench work for Grove Road and Canal Park parking lot would also commence next week.

 

At this point in the meeting, the Township Attorney apprised the Board of the status of the off-track betting legislation involving slot machines. He indicated that a week ago the House passed legislation with respect to allowing slots at racetracks with a tag for $100,000 per year for Hanover Township and the other municipalities with off-track betting facilities in their municipality. After speaking with the Township Manager and Chairman Paulus, Attorney Eaton advised the Board that he proceeded to contact all the municipalities by phone except Philadelphia and find the right contact person. We then put together a packet of information which was forwarded to the various municipalities. He noted that some of the communities were aware of the proposed legislation and others were not. After the House passed the bill and it went to the Senate, Attorney Eaton indicated it was sent to the Rules Committee with the intention that it is not going to be reported out. That has been done so that the Senate can spend the months of August and September negotiating whether the bill is going to be supported by the Senate. The Township Attorney advised that he has spoken with State Senator Bascola. She had indicated that she thought there would be a leadership meeting today and hoped that by the end of this week she would be in a position to set up a meeting. Also, at Chairman Paulus' suggestion the Township Attorney indicated he spoke to Senator Dent. Senator Dent indicated that he is opposed to gambling and the slot bill, but would support the amendment to put $100,000 in.The Township Attorney indicated that he believed that the same thing would happen to other Senators. He advised Council that he would follow-up and explain the situation to the municipalities involved and asked them to make sure whatever bill is in the Senate that it still contains the tag for the $100,000 to go to municipalities with off-track betting facilities. The Township Attorney noted that he would speak with the Township Manager concerning the follow-up that needs to be done. Mr. Feskanin questioned Council as to their position with respect to slots in OTBs and Council informed Mr. Feskanin that the slots would not be in the off-track betting facilities but only at the tracks.

The Township Attorney indicated to the Board that at the prior meeting Council formalized a list of questions as same results to the proposed rezoning in the Township. One of the questions had to do with if there is a zoning change would the comprehensive plan need to be amended at the same time. Information provided by the developer indicated that a development could be contrary to the Comprehensive Plan. In any event, the Township Attorney noted that he had reviewed both positions and found a later amendment to the Municipalities Planning Code governing zoning which indicates that if a rezoning is inconsistent with the Comprehensive Plan then the Comprehensive Plan should be amended concurrently with the rezoning. Attorney Eaton reiterated that the act says that an amendment to the Comprehensive Plan should be done concurrently with any rezoning and should be brought to a compatible state. Accordingly, the Township Attorney advised that a proposed amendment to the Comprehensive Plan has been provided to the Board and that this matter should go to the Hanover Township Planning Commission, the Lehigh Valley Planning Commission and circulated among the adjoining municipalities and the school district. Council determined that they should move forward and proceed to have the reviews done with respect to an amendment to the Township's Comprehensive Plan. In that regard, Council made the following motion:

Motion: --- I move that the proposed amendment to the Township's Comprehensive Plan 1995 Update be circulated to the appropriate planning agencies and municipalities prior to same being considered by the Township Council.

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

Courtesy of the Floor: None

Chairman Paulus advised the Board that they would be going into an Executive Session to discuss Personnel issues after this meeting but would not return to the meeting.

 

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:30 P.M.

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager