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:

Chairman Paulus acknowledged the attendance at the meeting by two individuals. The first individual indicated to Council that she is a new resident of the Chestnut Grove Towne Garden Development and just wanted to see how a bigger municipality than the one from which she came operates. She noted that she was involved in government in her community of Riegelsville, Pennsylvania, and that their entire budget was $264,000 with a population of 900 plus people.

Also, in attendance at the meeting was Mr. Elwood George, a Township resident on Race Street who again reviewed with the Board the problem he is having with his septic system. He indicated to Council that as they may recall the Township Engineer came out to look at the problem and he was informed that his septic system was too close to the neighbor's wells on either side of his property. It was determined that public water would need to be brought in. Mr. George noted that there is water on properties up the road from his house. With respect to one of the properties, Mr. George indicated that the bank which owned the property brought water over to the house. The problem, Mr. George advised, involves bringing public water from there to his property. He stated that if he puts a septic system on his property he doesn't have the 100 feet distance from either neighbor's well. Mr. George also felt that he couldn't go to his neighbors and say that he is bringing water across the street. The Township Engineer advised that he has looked at the Township Ordinance which says that all properties within 150 feet of municipal water or sewer must hook in. However, the Township Engineer noted that this applies to the Township's municipal water and sewer systems. There is a question which arises as to whether or not the Township can make such a requirement when the water system is not the Township's but rather, in this instance, the City of Bethlehem's water system. He felt that the options available included everyone on that side of Race Street hooking into municipal water or Mr. George hooking up himself and his neighbor on either side to municipal water. Mr. George commented that his neighbors on the one side are Mr. and Mrs. Schaller and that they would be uncooperative in his opinion and that the neighbor on the other side does not have a steady job. The Township Engineer again noted that there are some issues out there. The one issue involved whether or not the Township can require the residents to hook up to municipal water. There would be an issue of getting a waiver from the neighbors on either side of Mr. George's property, but the Township Engineer did not feel that would be a viable option. The other option the Township Engineer felt could be considered would be for Mr. George to run the water for himself and his neighbors on either side and bear the cost for same.

The Township Attorney indicated that there is a question as to whether or not the Township has the authority to have these residents hook up to public water. Generally, when the Township uses the authority as set forth in the ordinance, it requires everyone in the area to hook up. Attorney Eaton noted that we could make inquiries with the City of Bethlehem. With respect to the Township's authority to require a hookup to another municipality's water system, the Township Attorney indicated to the Board that they have looked at the case law and could not find anything which addresses this situation. However, Attorney Eaton noted that there is a public health issue involved and between our Township and the City of Bethlehem he felt that the matter could be resolved. The question of who bears the cost in this situation is a different issue. The Township Engineer noted that the cost per hookup could be between $3,000 and $4,000. Mr. George indicated that when you include the necessary hookup into the house you could round the figure off to $5,000 per house. In conclusion of the discussions, the Township Engineer advised that he would check to determine an accurate cost for the connection to the public water system and the Township Attorney advised that he would look into the legal aspect of this matter. These issues would be resolved by the next public meeting.

Approval of Minutes: ---------- July 2, 2003 Regular Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the July 2, 2003 Regular Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager advised the Board that the finalization of the deed transfer for the Canal Park property is almost completed. In that regard, per Council's instructions, the Township Attorney has provided the manager with a name of the individual from Lehigh County who should be contacted with respect to setting up the time for the deed transfer and a ceremony for same at Canal Park.

A discussion ensued relative to providing the Lehigh County Executive's Office with several dates for such a dedication. It was ultimately determined that the dedication could be held on either August 12, 21 or 22, 2003 at 10:00 A.M. It was noted that refreshments would be provided and that the Township Manager should invite the State Senator and State Representative, Mayor Afflerbach, the Mayor of the Borough of Catasauqua, representatives of the press and Channel 69.

Councilwoman Hayden questioned the Township Manager with respect to the 2002 Audit, a copy of which she had received. She noted that in the body of same reference is made to the Hanover Township Council as the Board of Commissioners and that language should be corrected in future audits to reflect that the governing body in Hanover Township is a Council, not a Board of Commissioners. Mrs. Hayden also noted that there is language at the end of the audit indicating that the report is intended for the information and use of the management and Board of Commissioners of Hanover Township and is not intended to be and should not be used by anyone other than these specified parties. Councilwoman Hayden felt that such language was not appropriate due to the fact that this is public information. The Township Attorney commented that his interpretation of that language is that the content should not be relied upon for coming back to the accounting company. In other words, the municipality could sue the accounting company but no one else can.

Chairman Paulus acknowledged correspondence that the Township had received from Northern Lehigh Community Center in which they have requested the Township's support. Council reviewed same and determined that this facility was a considerable distance from the Township and that the Township would not provide any financial support. Chairman Paulus also acknowledged receipt of correspondence from the Community Action Committee of the Lehigh Valley and the Lehigh County Senior Citizens Center wherein they are thanking the Board for contributions to their cause. Chairman Paulus requested the Township Manager post those letters on the Township's Bulletin Board. Chairman Paulus also provided the Township Manager with an excerpt from the Pennsylvania Township News, July 2003 Edition, relative to the process to receive trees free.

Councilman Kovacs advised the Board that he spoke with the Township Solicitor with respect to a question raised in the Pennsylvania Township News, July 2003 Edition. In that publication, the question was raised as to whether or not it is legal for bodies to be buried on private property in the Township. The answer provided indicates that unless the Township has adopted ordinances regulating the location, operation and maintenance of cemeteries or burial grounds in the Township, the person may be buried on private property if all state laws are met regarding the burial of human remains. In response to this issue, the Township Attorney noted that the Township does have a zoning ordinance which designates cemetery uses but it does not prevent someone from burying a person on private property as long as that individual meets the state laws. The Township Attorney noted that he would look at the state law concerning the manner of burial required.

Councilman Atkinson called to the Township Manager's attention a problem with respect to the tree line at the northern edge of Sherwood Park. He noted that there are bread trays and various other articles in that area which would tend to indicate that possibly there are vagabonds inhabiting the area or that the material has been dragged in by kids in the area. In any event, Councilman Atkinson requested that the area be cleaned up.

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

1. With respect to the ongoing matter involving U.S. Foodservice, Council should be advised that I have checked the noise levels this past Sunday evening at Sherwood and Hoover and recorded a reading of 55.6 decibels. Also, I have checked the Tacoma and Hoover Street areas and recorded a reading of 54.7 decibels. Council should be advised that these readings meet the criteria under the noise ordinance. The readings were taken at 2:30 A.M. Mr. Hay indicated to Council that it appears they may have moved some of the vehicles to the other side or acquired quieter units. The only problem the Township Engineer felt remains is the replacement of dead trees on the berm area.

There was a discussion with respect to the water main repairs necessitated as part of the Troxell Street paving project. The Township Engineer indicated that he would look at these breaks to determine if they are fresh breaks or something that has existed for a period of time.

Councilman Kovacs questioned the disposition of the yard repair with respect to the Kipp property. The Township Engineer advised that a landscaper would be coming in tomorrow to correct the problem. The Township Engineer also advised that the contractor, E.J. Brenemen, will not start the pipe work for another two weeks and that he did not anticipate the paving until September. He advised the Board that the Township will also be paving the Township's parking lot and then rebuild and pave the Canal Park parking lot. With respect to the Canal Park parking lot, he noted that the Township would be widening the driveway toward Allentown and widening the parking lot toward Dauphin Drive. Councilman Williams commented that with respect to his property there is a drop off from his driveway to the road. The Township Engineer indicated that he would look at that problem.

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

1. With respect to the airport assessment appeals, Attorney Eaton advised that there was one last item at the county level where a stipulation was required regarding one of the parcels. Council should be advised that the airport has stipulated to that. We anticipate a formal appeal by the airport to the Commonwealth Court within the next month.

2. As Council may be aware, a brief has been filed in the Adams Outdoor Advertising Appeal by Attorney Bartholomew on behalf of the Township. The Township Attorney felt the Township Manager should provide the Board with a copy of that brief for their review. He noted that the argument would possibly be held in September 2003.

3. The Township Attorney advised the Board that he will be on vacation for the August 6 Council meeting and that Attorney Jack Gross from his office will attend in his absence.

4. With respect to the rezoning issues involving Airport Centers, LL.C., I provided the Board with a list of questions Council might want to consider given the fact that there were conflicting statements during the hearings. Chairman Paulus commented that the Board should have the Township Engineer and Township Attorney provide the information as set forth in the draft questions. Councilman Atkinson commented that he felt the main key that the Township has to look at is the worst case under medium residential zoning and the worst case under planned commercial zoning. The Township Engineer noted that he would look at the densities involving residential development. With respect to the traffic study which had been done by the developer, Chairman Paulus felt that the Township Engineer should review same. Mr. Hay indicated that he does have the traffic study. He noted that it is preliminary and that it did not include Irving Street. However, Mr. Hay had advised the developer's engineer that additional areas, including Irving Street needed to be studied. The Township Engineer also indicated that in his opinion most of the traffic will be going on Airport Road. Councilman Atkinson commented that once they build the American Parkway bridge, traffic may cut up Irving Street. The Township Engineer felt that might depend on the timing of the lights. Councilman Atkinson noted that in the mornings and afternoons when the new bridge opens the individuals from the Lehigh Valley Industrial Park will use Irving Street. Councilman Atkinson also commented that he was of the opinion that the Township should have choke points to keep traffic from coming in.

There was a discussion initiated by the Township Manager relative to a conversation with the applicant's attorney in that the attorney was of the opinion that Attorney Miles as an attorney cannot testify and therefore he himself offered no testimony at the public hearings. Attorney Eaton noted that indeed the objectors had no experts but that this was not a court hearing and therefore you could consider the statements made by Attorney Miles on behalf of his clients. Additionally, Attorney Eaton noted that certainly the expert testimony offered by the developers explain exactly what they are intending to do should be considered.

4. Maintenance Report

5. Fire Company Report

6. Code Enforcement Officers' Reports

7. Building Inspector Report

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

With respect to the Maintenance Report, Councilman Atkinson commented that he is aware of a new ultrasonic piece of equipment which obliterates mosquito larvae at a swath of five to six feet. He requested that the Township Manager have the Public Works Director look into the availability of such equipment.

8. Treasurer's Report

Motion: ------- I move we accept the computer printouts dated 07/15/03 for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

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

Unfinished Business: ------- None.

New Business: ------- None.

Payment of the Bills: -------

Motion: ------- I move Council authorize payment of Voucher Nos. 9697-9752, BC/BS Wire Transfer dated 6/20/03, Payroll dated 6/20/03, Payroll dated 7/7/03, from the General Fund Account in the amount of $70,700.26; Voucher Nos. 1348-1355 from the Capital Reserve Account in the amount of $22,640.84; Voucher Nos. 1128-1132 from the Escrow Account in the amount of $4,254.00; Voucher Nos. 1349-1355 from the Water Account in the amount of $1,300.16; Voucher Nos. 2177-2188 from the Sewer Account in the amount of $133,314.82 for a Grand Total Expenditure of $232,210.08.

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

Courtesy of the Floor:

The Township Clerk, Vicky Roth, advised Council that the current $1,000,000 CD the Township has with Embassy Bank will be expiring this month. Mrs. Roth noted that she has checked with a few banks in the area. The bank that currently has the CD will get back to the Township next week. Mrs. Roth noted that right now she can get between 1% to 1.1% for a six month period. Councilman Atkinson felt it would be a good idea to check with Commerce Bank and Council was of the opinion that the Township could take the certificate out for up to one year if the rate is reasonable

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:40 P.M.

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager