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: None

Approval of Minutes: ---------- January 21, 2004 Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the January 21, 2004, Regular Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager advised the Board that in response to a telephone conversation with State Representative T. J. Rooney she has filed the appropriate DCED Grant Application to secure $30,000 to be utilized toward providing permanent restroom facilities at Canal Park.

A discussion ensued initiated by Chairman Paulus with respect to the Township Manager contacting both State Representative T. J. Rooney and State Senator Lisa Bascola with respect to the slot machine legislation which has now again been resurrected and advising both of them that the Township appreciates their further efforts to secure passage of such legislation with the appropriate tag for the local municipality to receive monetary compensation. Chairman Paulus noted that the Township Manager should indicate that the Township would be more than happy to meet with either or both of them to again review the Township’s position in this matter.

2. The Township Manager advised the Board that she has been in touch with both the Superintendent of the Catasauqua Area School District as well as a council member of the Borough of Catasauqua Council concerning the formation of a liaison committee comprised of the municipalities in the Catasauqua School District. The Township Manager indicated that the first meeting is set for February 11, 2004 at 7:00 P.M. at Scheckler Elementary School. The Township Manager also indicated that in conversation with Mr. Spengler he indicated that this committee would meet most likely every two months or so to discuss issues relevant to the operation of the school district. It was noted, however, that the expansion of the school district was not an issue, which the liaison committee would address. After discussion, council determined that Councilman Atkinson would represent the Township on the liaison committee.

3. The Township Manager advised the Board that in response to a request from Councilman Williams, she has secured all necessary information with respect to the PSATS health insurance coverage plan. A review of same has indicated that the plan in effect is more expensive than the Township’s current coverage by a significant amount. The Township Manager advised the Board that she did not feel that the Township should pursue the health coverage plan provided through PSATS at this time.

4. The Township Manager advised the Board that she has met with representatives of an entity known as Municipal Energy Managers and that they have indicated that they would like the Township to consider them for the maintenance of the Township’s signal lights. PPL would still provide the energy but they would provide the maintenance for all the lights. They indicated that Allentown and Bethlehem have contracted their services. Mrs. Pudliner advised the Board that she has spoken to the Manager of Hanover Township, Northampton County, since the Municipal Energy Managers’ representatives had met with them and that they are not committed at this time but are awaiting other information to review regarding their proposal. Mrs. Pudliner also advised the Board that the representatives indicated that they would be back in touch with her within the next 10 days or so and that they would also like to meet with representatives of the governing body to review the matter.

Council discussed this matter and determined that the Township Manager should check with Allentown and Bethlehem to determine if they have indeed contracted with Municipal Energy Managers for their signal light maintenance. Additionally, Council directed the manager to check with the Township’s PPL customer service representative regarding various issues relative to the Township’s payment and the maintenance portion thereof.

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

1. The Township Engineer apologized to the Board for missing the last Council meeting. He noted that there had been some confusion with respect to the reorganization meeting and that he was not aware of the additional meeting.

2. The Township Engineer advised Council that he has spoken to the City of Bethlehem with respect to the signal light at Airport and City Line Road and the safety issues connected therewith.

3. The Township Engineer advised the Board that he has discussed the 2004 Road Program with the Township’s Public Works Director. Currently, Mr. Hay noted that the intent is to pave Irving Street from Dauphin to Marcon Blvd. and Postal Rd. from Airport Rd. to Marcon Blvd. The Township Engineer also noted that there would be shoulder-widening going toward the post office from Airport Road. Councilwoman Hayden questioned whether there would be extra work where the sinkholes are around the curve on Postal Road going down toward the post office. The Township Engineer indicated that work was done a few years ago. The Township Engineer also indicated that it is anticipated that part of the road program will be work related to the stormwater structure inlets on Postal Road and Irving Street. Those inlet structures will be done prior to the recycling of the roads and that there would be two separate contracts.

3. J. Jackson Eaton, III, Esquire
Attorney's Report

1. As Council will recall, at a prior meeting there was a discussion as to whether or not the Township Manager could sign contracts less than the bid requirement but more than $1,500 originally provided in the charter. The Administrative Code has been amended by ordinance to permit the Township Manager to sign any contract under $10,000. Although Council made a motion at that prior meeting to allow the Manager to sign a particular contract there was no necessity for same since she already had the authority.

2. Council should be advised that there is nothing further with respect to the Lehigh Valley International Airport Tax Assessment Appeal case. No decision has been handed down as of this time.

3. The anniversary of the CSI explosion is coming up and questions have been referred to me generated by the newspaper and I have made the appropriate responses on behalf of the Township. Attorney Eaton noted that he expects there will be a story in the newspaper in the near future regarding this matter.

4. Council should be advised that an individual had come into the Township Manager complaining about cable rates. This particular individual resides in an apartment complex and has three outlets but only one television which he uses. He indicated the Township has the authority to regulate cable rates and questioned why the Township does not do so. Attorney Eaton noted that he had a conversation with the Township Manager and that the Township Manager asked him to review the matter. Council should be advised that we did indicate to the resident that Council has never regulated those rates. In reviewing the matter, we have determined that the Township does have the authority to regulate rates by reason of the fact that it gives a franchise. We have never undertaken to regulate such rates. There is competition in the Township now since there are two companies operating within the Township limits. If the Township desires to regulate rates, the Township would have to file with the FCC a petition indicating that the Township does not think there is sufficient competition. If one of the cable television companies objected, then a hearing would be scheduled for the Township to make its case. If the Township sustains its position, then a commission would have to be established. There could be very protracted proceedings and appeals could be taken over a long period of time. Should the Township receive the authority to regulate cable rates, the Township would get nothing for that. The resident who approached the Township Manager was told that it might be better for him to take this matter up with his landlord.

Council discussed the options presented by the Township Attorney and determined that the resident should be advised that the Township has reviewed the matter and has made the decision to leave things as they are based upon the circumstances of such review.

 

Unfinished Business: None

New Business:

Councilman Kovacs apprised the Board of an article in the PSATS Township News publication with respect to the Treasurer’s Bond. The Township Manager advised Councilman Kovacs that she holds the Treasurer’s Bond and that the amount had recently been increased to a $500,000 limit. The Township Manager also noted that the article as written referenced the Second Class Township Code which does not apply to the Township because of its Home Rule Charter.

Councilman Atkinson questioned the Township Attorney as to whether or not he has heard anything further with respect to any legal issues involving the Witko Mobile Home Park. The Township Attorney indicated that there has been no further word from anyone regarding that matter.

Courtesy of the Floor: None

Chairman Paulus noted that the Board would be going into Executive Session after this meeting to discuss a personnel matter but would not return to the meeting after same.

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:05 P.M.

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

 

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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