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Township Meeting - Minutes

HANOVER TOWNSHIP, LEHIGH COUNTY
REGULAR COUNCIL MEETING

February 21, 2007
7:30 P.M.

Present: ---------- Councilwoman Hayden; Councilmen Atkinson, Dreisbach, Kovacs, Paulus; Andrew H. Ralston, Jr.,
Esquire; Frederick W. 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: ------------------ J. Jackson Eaton, III, Esquire

Attendance: ---------- 6

Courtesy of the Floor: ------

Mr. Jeffrey Liedke, 51 Cleveland Street, Allentown, PA appeared before the Board. Mr. Liedke advised Council that he will be getting married on August 18 of this year and is interested in renting the Canal Park pavilion for that occasion. He indicated he called the Township office yesterday and was told that the pavilion would be available but that he would need to vacate the premises by sunset, which is 7:57 P.M. Mr. Liedke noted that he is here to request that Council consider extending the curfew. He also advised that he has checked with his homeowner’s insurance and they have indicated that they would cover any liability issues through his homeowner’s insurance. Chairman Paulus indicated that the Township has an ordinance, which sets forth that the park closes at sunset. He also indicated that they have never alleviated anyone from the curfew. Vice Chairman Atkinson reiterated Mr. Paulus’ thoughts on this issue. Chairman Paulus advised Mr. Liedke that the Township has concerns over traffic, parking, noise, etc. Vice Chairman Atkinson noted that there have been problems before with these types of functions down at the park pavilion. Councilman Kovacs questioned how many people were invited to the function and Mr. Liedke noted that 125 have been invited. At least 40 to 50 of those people are children. He indicated that only the adults would be present after the curfew. Councilman Kovacs also indicated that there have been drinking problems down at the park pavilion and that the restrooms have been destroyed at different times and in general people just created havoc down at the park. Mr. Liedke indicated that they had intended to have music and a catered affair and that they would restore everything to its original condition. Councilman Dreisbach also indicated that he felt that the Township should not deviate from its regulations. Unfortunately, Council as a whole felt that they were unable to grant relief to Mr. Liedke and advised him accordingly.

Attorney Blake Marles appeared before the Board on behalf of the Developer, New Pro II, Inc. and indicated to Council he is here to follow up on the conversation with the Board two weeks ago regarding sewer issues for the proposed land development. Mr. Marles advised they had appeared before the Planning Commission last evening and that his client satisfied the Planning Commission on all outstanding issues except the sewer pump station question. Attorney Marles noted that they have received a preliminary plan approval recommendation from the Hanover Township Planning Commission. He further advised the Board that they hoped to be back before Council at Council’s next meeting for preliminary plan approval. With respect to the open issue, Attorney Marles noted that the Township Engineer had previously indicated that the proposed pump station and sewer line be private. Attorney Marles indicated that as a result of discussions with Council, he felt that the Board in general felt it should not be private. Since our last discussions, Attorney Marles indicated that they have looked into another proposal for a low flow system with individual grinder pumps on the units. He indicated that this use is fairly common in this area. It would be a low flow line and each unit would have grinder pumps. Cumulatively, this scenario would be adequate to serve the purpose without the necessity of a pump station. Attorney Marles noted that grinder pumps are well established technology. He further indicated that the homeowner’s association should be able to deal with it. What Mr. Marles wished to discuss with the Board this evening is whether or not Council feels that the grinder pump, low flow system is a better option or the pump station is a better option.

Chairman Paulus noted that the Township Engineer has this type of system at his own residence. The Township Engineer commented that as soon as the line fills it will go into the pipe in the street. The street pipe would be full at all times if each pump provides the power. The Township Engineer noted that he would recommend 11-1/2 SDR polyethylene pipe butt fused. The Township Engineer further noted that each home would have a connection. Chairman Paulus indicated that each owner then would be responsible for the grinder pump not the homeowner’s association and Attorney Marles indicated that would be the case. Councilwoman Hayden questioned whether or not each homeowner would be advised of this scenario and Attorney Marles indicated that they would by way of disclosure regulations. Attorney Marles also indicated that the Developer would see if they could initially identify a maintenance service for the buyers should they encounter any problems. The Township Engineer noted that the only possible downside would be that when you pump long distances sometimes effluent goes septic in the pipe. However, when this development is build out with the 64 homes proposed there should not be a problem. The Township Engineer also indicated that the Township would require an 18 month maintenance period. Chairman Paulus commented that the Township would be responsible for the line in the street and the Township Engineer acknowledged that was the case and that it should not be a problem. Councilwoman Hayden questioned whether or not this system would require excessive maintenance and the Township Engineer indicated that it should not and that if the individual homeowners take care of the system it should last 20 plus years. Councilwoman Hayden noted that her concern is liability to the Township if this does not work. The Township Engineer indicated that this is just like your lateral. Councilman Kovacs noted that the original proposal would have caused the need to remove trees from the Township’s property and the Township Engineer confirmed that they would have eliminated most of the trees on the towpath. Attorney Marles advised that he would not be able to attend the Board’s March 7 meeting where the preliminary plan approval will be requested. He noted that if the Board has any further questions, which they would like addressed, he would like to do so this evening. In that regard, the Board did not have any further questions. However, Chairman Paulus questioned whether or not his client had determined the price of a proposed pump station. The Township Engineer indicated that he had supplied the Developer with the Township’s specifications. Attorney Marles noted that they felt that the size of the pump station would be smaller than what the Township Engineer provided to them. However, his client would prefer to consider the grinder pump installation. Council appeared to be in agreement with Attorney Marles on this issue. With respect to a necessary extension of time for action, the Board made the following motion:

Motion: --- I move we waive the reading of the Minutes of the Regular Council Meeting of January 17, 2007 and accept same as presented.

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

Approval of Minutes: ------ February 7, 2007, Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the February 7, 2007 Regular Council Meeting and accept same as presented.

Paulus, Atkinson: 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 they are in receipt of a copy of the opinion letter of Attorney William J. Fries with respect to a real estate matter before the Board. It was noted that the Board would hold a brief Executive Session after the meeting to review this matter with no decision being made at that time.

Councilman Atkinson noted that the Township did not declare a snow emergency after the recent snowfall and that some problems were caused as a result of individuals not moving their vehicles. The Township Manager acknowledged that the Township did not act to declare a snow emergency and that more diligence will be necessary in the future.

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

The Township Engineer offered no oral report at this time.
3. J. Jackson Eaton, III, Esquire
Township Attorney

In the absence of the Township Attorney, J. Jackson Eaton, III, Andrew Ralston, Jr., Esquire appeared before the Board and offered no oral report at this time other than items listed under New Business.

4. Maintenance Report (Written)

5. Fire Company Report (Written)

6. Code Enforcement Officer's 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.

With respect to the Maintenance Report, Council questioned an entry with respect to grease buildup on January 2, 2007 and the Township Engineer indicated that most likely that was a result of the entities in the area such as Waffle House and Damon’s. With respect to the Code Enforcement Officers’ Reports, there was a discussion regarding an individual who received a third ticket on Cedar Hill Drive. The Township Clerk advised the Board that she spoke to the gentleman and he indicated that he lost his ticket and that he was advised of what the fines are at this point in time. With respect to the Building Inspector’s Report, there was a discussion with respect to the coverage for the damage at the storage barn in Canal Park. The Township Manager advised that this matter has been turned over to the Township’s insurance carrier and they will pursue reimbursement from the individual involved in the accident. The damages were noted to be in the area of $20,000.

7. Treasurer’s Report (Written)

Motion: --- I move we accept the computer printouts dated February 21, 2007, 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, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ------- Unan.

Unfinished Business:

1.) New Pro Land Development, Sewer Lines, 1835 N. Dauphin St., Allentown, PA 18109 (Review and Discussion)

This matter was previously discussed under Courtesy of the Floor and therefore no further discussions occurred at this point in time.

New Business:

1.) Bill No. 2007-1, An Ordinance Amending Chapter 16, Part 3 of the Statutory Code of Hanover Township to Prohibit Ice Skating, Ice Fishing and Ice Hockey in Canal Park (Introduce)

The Township Manager advised the Board that there have been incidents of individuals ice skating, etc. at Catasauqua Lake. For liability purposes, the Township will need to post the area. The purpose of the proposed Ordinance is to prohibit such activity at the lake area. Bill No. 2007-1 was introduced at this time with a public hearing on same to be held on Wednesday, March 7, 2007 at 7:30 P.M.

2.) Bill No. 2007-2, An Ordinance Amending the Realty Transfer Tax Ordinance of Hanover Township to Authorize the Use of License Meters in Lieu of Documentary Stamps and to Authorize the Department of Revenue to Collect and Enforce Delinquent Tax Together with Interest and Penalties (Introduce)

Bill No. 2007-2 was introduced at this time with a public hearing to be held on Wednesday, March 7, 2007 at 7:30 P.M. Councilman Atkinson questioned Attorney Ralston regarding the provisions of this proposed Ordinance. Attorney Ralston indicated that the proposed Ordinance authorizes the Department of Revenue to collect and enforce delinquent tax together with interest and penalties. Attorney Ralston further noted that the fees for the collection process should be included in the penalties and that the Township’s revenues should not be diminished.

Payment of Bills:

Motion: --- I move Council authorize payment of Payroll dated 1/26/07, Payroll dated 2/9/07, Voucher Nos. 12371-12378 (Prepaids), Voucher Nos. 12379-12434, from the General Fund Account in the amount of $81,000.43; Voucher Nos. 1714 (1/31/07 Prepaids), Voucher Nos. 1715 (2/21/07 Prepaids), Voucher Nos. 1716-1720 from the Capital Reserve Account in the amount of $230,959.50; Voucher Nos. 1568-1570 from the Escrow Account in the amount of $300.00; Voucher Nos. 1716 (1/31/07 Prepaids), Voucher Nos. 1717-1723, from the Water Account in the amount of $38,900.76; Voucher Nos. 2800-2811 from the Sewer Account in the amount of $49,245.33 for a Grand Total Expenditure of $400,406.02.

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

Courtesy of the Floor:

Mr. Robert Hess, 1815 N. Dauphin St., questioned the grinder pump installation proposed by New Pro II, Inc. Since the system is powered by electricity, Mr. Hess questioned what would happen when the electricity goes out. It was generally noted that in that scenario the usage of the system should be stopped until power is restored. However, it was noted there would be some leeway with respect to that type of situation.

Adjournment:

The meeting was adjourned at 8:05 P.M..
Respectfully submitted,

Sandra A. Pudliner
Township Manager

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