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

Absent: ------------------ Frederick W. Hay, P.E.

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

Courtesy of the Floor:

Councilwoman Hayden opened discussions with respect to the recently hand delivered notice sent to all residents of Hanover Township, which notice was unsigned but referenced the fact that the residents should attend the Township meeting scheduled for Tuesday, August 19, 2003. Mrs. Hayden advised all in attendance that the letter is an absolute lie and that she considered it libel and questioning her ethics. Councilwoman Hayden noted that she has served this community over 25 years and has never caved in to anyone. With respect to the issue which generated this notice, namely the amendment of the Township's comprehensive plan and consideration of rezoning relative to the Witko Mobile Home Park property, Councilwoman Hayden advised that she has not made up her mind. She noted that Council has never had a meeting where the pros and the cons of what the Board could do with that property were discussed. She noted that she is ashamed to be a part of this Township after dedicating her life to it and receiving this type of literature at her door.

Mr. Joseph Feskanin, a resident residing at 1680 North Irving Street in Hanover Township, Lehigh County, commented that he was unaware of the origin of that correspondence. Councilman Kovacs noted for the record that he is in total agreement with Councilwoman Hayden's statements. He further noted that everything that Mrs. Hayden said is the truth and that he also resents the implications in the literature sent to all of the Township residents. He further indicated that he also caves in to no one. Councilman Atkinson expressed the same sentiments. He noted that the notice was unsigned, which in his opinion says a lot about the people who sent it. He commented that the language is non-professional. He further expressed his dissatisfaction with the kind of thinking expressed in this notice. Councilman Williams noted that he is of the opinion that the good citizens of the Township realize that this type of literature is a lie and are not buying it. Chairman Paulus noted that in reviewing the notice there is language such as "trying to screw Township residents" and "behind closed doors." Chairman Paulus advised that what has been going on is a comprehensive plan amendment and has nothing to do with Witko. He further noted that there was an executive session held recently by the Board that was purely involving a personnel matter. Chairman Paulus further noted that Council has held no secret meetings and abides by the Sunshine Law. Councilman Atkinson commented that the Hanover Township Home Rule Charter makes the Township more open than other Townships. He further noted that Eleanore Hayden and he worked for years on the body of the Township's Home Rule Charter as part of the Government Study Commission. Mr. Leo Keim, 1610 North Irving Street, Hanover Township, Lehigh County, noted that he was of the opinion that most of the residents agree with Council. Mr. Feskanin commented that he has recently visited the Township's website and brought up several points to the Township Clerk. He noted that if the Township pursues the information which he provided it is definitely open information. Mr. Feskanin indicated that he is supportive of the way the Township Council deals with issues in the Township. He indicated, however, that he does have some serious issues since some of these changes which have been proposed lately would directly affect his future, not only financially but as a citizen of the Township. However, Mr. Feskanin noted that he is still very supportive of the Township Council.

The Township Attorney stated for the record that at the very beginning of the process involving Airport Centers and the proposed rezoning of the Witko Mobile Home Park tract, when the developer brought in their proposal there was a discussion about the process. Council agreed they would have no discussions until after everything procedurally was concluded. They have followed that. There are questions that come up from time to time, but there has not been a sitting down to exchange views on the proposals. The focus has only been on getting everything together and getting all of the information we wanted. Councilman Atkinson noted that the Township has been in the process of doing an analysis of all of the information provided from both sides, including information provided by Attorney Donald Miles with respect to his contention regarding the condemnation of public property. Mr. Feskanin commented that he knows the Township is probably asking good questions, but he did have some issues which came to light at the Township's Planning Commission meeting of August 19, 2003. One of the questions Mr. Feskanin noted involves the Township's commitment to the Catasauqua sewer plant with respect to allocation. He wondered why there was not some methodology available for the Township to get around that. The Township Attorney noted that one of the issues in the draft comprehensive plan amendment indicates that the Airport had purchased Township land north of Race Street, which would make the sewer capacity the Township had acquired from the borough of Catasauqua unnecessary. However, the Township still has the cost of payment for that capacity, the capital costs, which are payable by way of a bond issue which will go on for a long time. Attorney Eaton noted that the Township has sold and transferred some of its capacity to other municipalities when they needed it, and that those municipalities have taken over the payment of the capital costs for the capacity transferred. By way of the agreement in place with the borough of Catasauqua, Attorney Eaton advised that there was no way that the Township can say that we will not pay the capital cost. There were discussions with respect to the refinancing of the bond issue and the term left with respect to the payment. The Township would check on the same and report back to the Board.

Mr. Feskanin also questioned the million dollar Certificate of Deposit the Township Clerk was refinancing. Mrs. Roth advised that the Certificate of Deposit has been refinanced at a 2 percent interest rate. With respect to the Township's website, Mr. Feskanin commented that the Planning Commission minutes were not posted. He also indicated that he had the pleasure of walking the toe path with his wife at the Township's Canal Park the other day and felt that the Township has done a fabulous job with the park.

At this point in the meeting there was a lengthy discussion with respect to the sinkhole problems in the Township. Nancy Perelli, 2774 Suzanne Way, Hanover Township, Lehigh County, indicated her concern over sinkhole issues and noted that one just opened up right next door to where she is living. She questioned what type of land was in the area where she lives prior to the residential development. Councilman Atkinson noted that it was all farm land. He further indicated that the Lehigh Valley has a heavy limestone underlayment. There are acids in the water with minerals in the rock creating caves, and these caves get larger and larger and larger. Ms. Perelli questioned whether or not the water is down there yet. Councilman Atkinson noted not necessarily. The water would funnel out in all different directions and that the Township has a process of plugging sinkholes, when the eye has been discovered, with concrete. Councilwoman Hayden commented that the sinkhole next to Ms. Perelli's property was discovered and the Township came in with the Township's Building Inspector and determined that an emergency existed and that the sinkhole needed to be repaired. Ms. Perelli indicated that she had been advised that there is such a thing as sinkhole insurance. Councilman Atkinson noted that that type of insurance is a rider on an insurance policy. Councilman Kovacs noted that, with respect to sinkhole insurance, coverage is provided for the actual structure but the back of the property or the front of your property is not covered. Councilman Kovacs also noted that Mr. and Mrs. McCafferty of 2074 Troxell Street, also present at this meeting, had a large sinkhole in the front of their home in the street as a result of a City of Bethlehem water break. When the water break was repaired, the area was not tamped down properly and heavy rainfall, which ensued, opened up the sinkhole. After the heavy rainfall, the following morning the City of Bethlehem was on the site and found the eye of the sinkhole, noting that is was going in the opposite direction from the McCafferty house and the sinkhole was filled properly with concrete.

Approval of Minutes: ---------- July 16, 2003 Regular Council Meeting
-------------------------------- July 21, 2003 Special Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the July 16, 2003 Regular Council Meeting and accept same as presented.

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

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

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

 

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager provided the Board with a schematic regarding a proposed freestanding sign for the Township Municipal Building. The Board reviewed the schematic and indicated that they approve of the installation of such sign with lighting and to finalize the discussion made the following motion:

Motion: ------- I move we approve the purchase and installation of a Township Municipal sign with lighting as proposed.

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

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

1. The Township Engineer was not in attendance at this meeting and accordingly no report was offered at this time. Chairman Paulus advised the Board he had spoken to the Township Engineer prior to the meeting with respect to the Troxell Street area paving project. Chairman Paulus noted that the sealing has to be completed and that it more than likely that one driveway still needs to be repaired. The standard used, Mr. Paulus indicated, was that anyone with more than a one and one-half inch drop from their driveway to the road would receive a ramp. He indicated to Council that the driveway repairs were made after the roadway paving because it was his understanding from the Township Engineer that the machine utilized couldn't accommodate doing the driveway ramps as part of the job. He indicated that they could not adjust the machine to do everything at one time. Mr. McCafferty questioned whether the extension caps on the gas lines would be taken care of, and Mr. Paulus indicated that they would. Mr. McCafferty further noted that scrap was left in the yard which had to be picked up. He felt that some of the driveways had been destroyed. He noted that he still has a sewer smell in his house. He felt that somehow the gasses got into his home. Chairman Paulus indicated that possibly his lateral could be broken. Mr. Feskanin questioned whether or not when the Troxell Street Project is completed the Township will still have a savings of $100,000 as indicated in prior meetings. The Board advised that they felt that that was still the case. It was further noted that the contractor would need to complete all of the work required by the Township before payment of his bill.

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

1. The Township Attorney advised the Board that in one of the recent meetings the Board had requested information regarding the State regulations for the disposal of human remains. A memorandum has been prepared and distributed to the Board. Upon reviewing the memorandum, the Board will note that a permit would be required for the disposal of a dead body or fetal remains before an individual can do so. The Township Attorney noted that the Township could pass an ordinance amending the zoning ordinance to make a cemetery the only place where a burial of human remains can occur. The Board considered the matter and determined that no amendment to the zoning ordinance would be proposed.

2. With respect to the proposed legislation involving slots at racetracks and to secure payment of $100,000 to each municipality with an Off Track Betting parlor within their limits, Council should be advised that a meeting has been scheduled for tomorrow with me, Chairman Paulus, and Senator Boscola to further discuss the $100,000 OTB municipality benefit in the Senate version of the Bill which had been passed by the House of Representatives. Councilman Kovacs commented that he had attended the Lehigh County convention and a representative of the Pennsylvania State Association of Township Supervisors was at the same convention and indicated that PSATS does not condone gambling but will support this benefit to the municipalities. Senator Charles Dent, also in attendance at the convention, went on to explain that he was also opposed to gambling and felt that there would be a watered-down version of the Bill in the Senate and that he would support the Township on the $100,000 issue.

3. Council should be advised that in the communications back and forth and the procedures regarding rezoning and the changes to the comprehensive plan, Attorney Miles has made a Right To Know request. Some of the issues relate to my communications with Council. Technically, that does not fall within the type of document subject to release under the Right To Know act. At the same time, a Memorandum Of Law to the Board involving the amendment to the comprehensive plan was discussed publicly. Accordingly, Attorney Eaton noted that he sees no reason why the Memorandum Of Law could not be provided to Attorney Miles but that he would make it clear that future items may be different. In resolution to this matter, Council made the following motion:

Motion: -------I move that the Township waive the client/attorney privilege as same relates to the Memorandum of Law dated July 17, 2003 and that said document be provided to Attorney Donald Miles.

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

 

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 raised several issues. Councilman Atkinson questioned the repair of the air conditioning unit and the Township Manager advised that the air conditioning unit in the Council meeting room, which was a new installation, was repaired. Councilman Atkinson questioned the chemicals used for trimming weeds in the medians in the Township. Councilman Atkinson wanted to know what type of product was used, i.e. Scorcher, Round-up Pro., etc. Councilman Atkinson questioned the location of filled sandbags down at the Catasauqua lake property. Councilman Atkinson also felt that we should keep a black list of people who park in the grass at the Township's pavilion at Canal Park and that signage indicating no parking on the grass should also be put in place.

With respect to the Code Enforcement Officers' Reports, Council Kovacs commented that he had worked with Code Enforcement Officer Ray Seiling with respect to an incident that occurred at 1960 Troxell Street. He noted that within a short time, Mr. Seiling was at the scene and that he handled the complaint between the property owners in an amicable fashion. Councilman Kovacs felt that Mr. Seiling should be commended for same.

8. Treasurer's Report

Motion: ------- I move we accept the computer printouts dated August 4, 2003 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, Hayden, Kovacs, Williams, Paulus: ------- Aye ------- Unan.

Councilman Atkinson commented that in review of the Code Enforcement Officers' Reports he noted that there are many incidents involving kids being found in the Township parks after hours and that he felt that the incidents have increased greatly.

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

New Business:

1. Resolution 2003-32, Adoption of the 5-year Capital Program for the Years 2004- 2008 (Adopt). In resolution of this matter, Council made the following motion:

Motion: ------- I move that Resolution 2003-32, Adoption of the 5-year Capital Program for the Years 2004-2008, be adopted as presente

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

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

Motion: ------- I move Council authorize payment of Voucher Nos. 9753-9767 (7/31/03 Prepaids), Voucher Nos. 9768-9769 (8/20/03 Prepaids), Voucher Nos. 9770-9824, BC/BS Wire Transfer (August), Payroll dated 7/18/03, Payroll dated 8/1/03, Payroll dated 8/15/03, from the General Fund Account in the amount of $275,416.34; Voucher Nos. 1356 (Prepaids), Voucher Nos. 1357-1371, from the Capital Reserve Account in the amount of $21,286.26; Voucher Nos. 1133-1137 from the Escrow Account in the amount of $14,697.66; Voucher Nos. 1356 (7/31/03 Prepaids), Voucher Nos. 1357-1362 from the Water Account in the amount of $2749.86; Voucher Nos. 2189-2199 from the Sewer Account in the amount of $6,455.61 for a Grand Total Expenditure of $320,605.73.

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

Courtesy of the Floor:

Mrs. Ellie McCafferty, 2074 Troxell Street, Hanover Township, Lehigh County, questioned why storm drainage was not placed at the lower end of Troxell Street but storm drainage was installed at Sherwood Park in that area. Chairman Paulus noted that there was ponding in the park area and it was felt that it should tie into the street above that and then it would go into the Carmike Detention Pond. Councilman Atkinson noted the land in the park is flat and by tying it in the water goes to an outlet in the Carmike Detention Basin. Councilman Kovacs advised Mrs. McCafferty that in order to install storm drainage in front of her home the Township would have to install an entire storm water system in the area, which was too costly. Mr. McCafferty noted that the Township Council should be aware of the sinkhole in the street in front of their home. He questioned what was more important to the Township, storm drainage in the Township's Park or the residents. Chairman Paulus noted that no homes in their area flood out, but Mrs. McCafferty indicated that everything floods down her street and all the debris from the upper end comes to them. She requested that the Township put something in the newsletter about residents cleaning up the debris in the curb area. The McCafferty's also brought to the Board's attention that when the Township maintenance crew was painting the curbs that paint was spilled in the street on Troxell Street and that the paint should be cleaned up.

Mr. Weisenbacher of 3350 Airport Road, Lot 63 A, Hanover Township, Lehigh County, brought to the Board's attention the continuing problem with the swale behind Saylor's Mobile Home Park. He thought that possibly building up the berm on their side might be helpful. He also advised the Board that after one of the heavy rains there was an actual fish found in the swale. Councilwoman Hayden questioned the Township Attorney as to what action the Township could take, and the Attorney advised that he would talk to the Township Engineer regarding the swale and attempt to determine what the Township's position would be in that matter.

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:50 P.M.

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager