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

Absent: ------------------ Councilwoman Hayden and Vicky Roth

Attendance: ---------- 9

Courtesy of the Floor: Kay Thompson, 2749 Donna Jo Way

Prior to discussions under Courtesy of the Floor, Chairman Paulus advised all in attendance that the Hanover Township Personnel Board is present at the meeting this evening for the purpose of an Executive Session after the meeting to discuss personnel matters.

Kay Thompson, 2749 Donna Jo Way, appeared before the Board and indicated that she wished to discuss with Council the problem with the swale running behind the Fuller Company property. She noted that in her opinion the drainage of water through the swale has increased as a result of the development in Hanover Township, Northampton County, began since their water is draining across Schoenersville Road into the swale. She noted there are issues with overflowing of the swale and backing up of the water creating a water settling problem at the end of the parking lot where she resides. Ms. Thompson indicated she had been in touch with the Lehigh Valley Planning Commission and they have indicated they are only a recommending body. Ms. Thompson further advised that she had contacted Hanover Township, Northampton County's manager who directed her to other people. As a result of that the Hanover Township, Northampton County Engineer was in touch with her. The engineer advised her that water does not run uphill and that they have drainage ponds on the properties in their Township which eventually do enter into this swale. Ms. Thompson further advised the Board that she has had discussions with individuals in the Township office and also understands that the problem with the water in the swale affects the Saylor's Mobile Home Park located in the Township. In that regard, Mr. Tom Miller of Saylor's Mobile Home Park has informed her that even though he has been in the Township to voice his concerns over the swale, nothing has ever been done. Additionally, Ms. Thompson advised Council that she had been in touch with the gentlemen in charge of maintenance at the Fuller Company. That gentleman advised her that Fuller Company has a maintenance contractor. With respect to the extent of the Fuller Company's responsibility for the swale, Mr. Gully indicated that he was going to have the property surveyed. Ms. Thompson noted to the Board that her major concerns involve the area behind the mobile home park and the Fuller Company.

Chairman Bruce Paulus advised Ms. Thompson that the swale in question is not in Hanover Township, Lehigh County. Chairman Paulus further noted that the Fuller Company owns the swale and that the City of Bethlehem should be citing them if they are in violation. Chairman Paulus also advised that the Township has written the City of Bethlehem numerous letters with respect to the upkeep of this swale and that our attorney has been in contact with them. Councilman Atkinson noted that the Township is constantly being questioned about this swale which is not in the Township. Ms. Thompson noted that it would appear to her that the Township should have more pull in dealing with another municipality. Councilman Atkinson advised that the Township has discussed the swale with them but the Township cannot force them to take action.

The Township Solicitor advised all in attendance that at Council's direction he has looked into what the Township's authority, if any, would be with regard to this swale issue. Attorney Eaton noted that the swale is in the City of Bethlehem. He advised the Board that he has spent some time looking at the legal issues involved and that the Township Engineer went back to review all the development plans available. The Township Engineer indicated that when the Fuller Company built their addition in 1994, proposed grading was supposed to be in place and instead there was a volleyball court in an area where it should not be located. Mr. Hay noted that he met with the maintenance person in charge at the Fuller Company last year and showed him where the property corners were and at that time the Township Engineer told him to tell his landscaper to clean out the area. He noted that there is an approved plan and it is a legal document. Not going by their approved plan Mr. Hay felt is a violation. He noted that whole corner should drain behind the outlet structure. All the water from the church property and the Chestnut Grove Townhouse development property should be going behind the weir. Mr. Hay further noted that the Township could go back to the City of Bethlehem and say that there is an approved plan and that they should follow that plan. Attorney Eaton noted that we looked at the law. He further noted that it looks like they built the volleyball court in the swale which may be obstructing the natural water courses. Ms. Thompson noted that when she walked the swale area she saw tree trunks, large pieces of wood, etc. obstructing the swale. The Township Engineer commented that whole area has not been cleaned out for many years. Chairman Paulus questioned whether the City of Bethlehem approved the volleyball court on the property. The Township Attorney advised that it does not appear on the plans. Attorney Eaton noted that the Township wants to go back and look at the actual documents. There might be something in the plans filed and what was actually done which would give the Township some leverage. Attorney Eaton noted that possibly a long-term agreement could be reached between the Township, the developer and the City regarding the maintenance of the swale property. Councilman Kovacs commented that he is a member of the church property which abuts the swale and the church experiences the same problems as described by Ms. Thompson.

Ms. Thompson commented that when the road improvements went in on Schoenersville Road and construction began in the other Hanover Township, PennDOT was involved and indicated that the swale worked downstream. The Township Engineer noted that that occurred after the swale had been cleaned out. Ms. Thompson noted she had concerns over mosquitoes, especially with the influence of the West Nile Virus. Chairman Paulus noted that if the swale is in the Township, the Township could go out and get the swale cleaned, but that the Township does not have authority over an adjoining municipality. He advised Ms. Thompson that the Township is currently attempting to go through the history of this matter and look at the law to see what additional leverage we can use in this situation.

Ms. Thompson advised Council that she knows that the Township is trying to do the best it can. She questioned who she would go to if she wanted to go to the City of Bethlehem herself to discuss this matter and the Township Engineer advised her that the City Engineer is a Mr. Steve DiSalva. The Township Engineer further indicated that now the Township knows that the grading is not per the approved plans. Chairman Paulus commented that Ms. Thompson could go before the City of Bethlehem Council. If that occurred, the Township Engineer felt that the City of Bethlehem could direct their engineer to look into the matter. Councilman Atkinson noted that the City of Bethlehem has leverage over the property owner. Attorney Eaton advised that the Township not only has its Subdivision and Land Development Ordinance but maintenance provisions under our ordinance which requires that a property owner maintain stormwater facilities. The Township's ordinance has enforcement mechanisms. He noted that the Township is in the process of trying to see what effect these plans have. Concluding these discussions, Ms. Thompson advised the Board that she would come back in a few months to see what progress has been made in this matter.

Mr. Steven Seier, 1804 Tacoma Street, appeared before the Board and questioned whether or not the Township has determined the sound levels for the U. S. Foodservice facilities. The Township Engineer advised that he had taken decibel readings on a Sunday/Monday morning and that the readings now fall within the allowed limits as set forth in the City of Allentown ordinance, which ordinance the Township agreed would be the measurement used to determine the sound levels allowable. Accordingly, the Township Engineer indicated that they are in compliance for their development. Mr. Hay noted that there is still the issue involving replacement of dead trees. Mr. Seier commented that actually from what he could determine they have replaced most of the dead trees as of this time.

Mr. Joseph Feskanin, 1680 North Irving Street, appeared before the Board and advised that he has recently attended a Lehigh Valley Planning Commission meeting where the Township's Proposed Amendment to the 1995 Comprehensive Plan was reviewed. Mr. Feskanin indicated that Attorney Eaton has clarified for him many of his issues with respect to communications to him and he is satisfied with those discussions. He did indicate to the Board that he observed something at the Lehigh Valley Planning Commission meeting with respect to the fact that the traffic study provided by the developer did not include any issues concerning North Irving Street. Mr. Feskanin questioned the Board as to whether or not an additional traffic study was available. The Township Engineer indicated that the developer was contacted and told to study the Irving Street area and that they indicated that they would do so. However, the Township Engineer noted that it appears the auxiliary traffic study is still not available. Councilman Atkinson indicated whether or not at this point in time the Township should be talking about development plans. The Township Engineer noted that originally the developer had prepared a concept plan. The firm of Gannett Fleming was engaged to do a traffic study. Hanover Engineering performed other work for the developer. The Township Engineer agreed that usually a developer does not worry about these issues for rezoning but rather at the development stage. However, Mr. Hay felt that the developer did so as part of a due diligence. The Township Attorney commented that the difference in traffic and use generated by different categories of development (i.e. residential versus commercial) would be a matter to consider with respect to any change in zoning. For example, if a property is zoned commercial you can assume it can produce certain types of traffic. You cannot tie these issues to a specific development. It is still reasonable for the Lehigh Valley Planning Commission to ask what traffic would be generated. Councilman Atkinson noted, however, that the actual planning process with respect to a given use would not take place until later in the development stage.

Approval of Minutes: ---------- Aug 20, 2003 Regular Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the Aug 20, 2003 Regular Council Meeting and accept same as presented.

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

 

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager advised the Board that she has forwarded correspondence to all the municipalities hosting off-track wagering facilities with respect to the Senate Bill dealing with slot machines at racetracks and also providing a $100,000 per year payment to municipalities hosting off-track wagering facilities. In the correspondence, the Township is requesting their support and the support of their senators with respect to including the $100,000 per year payment in whatever Senate Bill is finally adopted with respect to this issue.

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

1. With respect to the Road Program, the Township Engineer advised that he had a meeting with Breneman last week. He informed the Board that he voiced his concerns to the contractor about the driveways which need to be brought up to grade and the seal coating of the roadway. The Township Engineer further indicated to Council that he requested a timetable for the Grove Road trench drain, paving of Grove Road and the work to be done down at Canal Park. Breneman indicated that they intend to do the trench drain on Grove Road and the paving of Grove Road and then the work at the Canal. The Township Engineer noted that he has received cut sheets for the work and that the work so far in his opinion has been a good job. However, Breneman is having difficulty with the subcontractor which is apparently backed up on their work due to the rainy weather conditions. The Township Engineer did indicate, however, that they have staked out the trench drain, the materials have been approved and the catalogs have been approved. Chairman Paulus questioned when all the caps would be placed in the roadway in the Troxell Street area and the Township Engineer noted that some caps still needed to be placed as same relate to the water and gas valves. Councilman Williams brought to the Engineer's attention a low spot right in front of the Pierce property at Hoover and Troxell Streets where water settles. The Township Engineer indicated he would look at it. Councilman Atkinson indicated that at Clarence and Troxell Streets at the southeast corner there is a low spot. It was also noted there is a low spot on the southwest corner of Taft and Troxell Street right by the fire hydrant.

Councilman Kovacs advised all in attendance that he wanted to take this opportunity to commend the Township Manager for the fine job that was done with respect to the Deed Dedication Ceremony at Canal Park.

Councilman Atkinson questioned the Township Engineer as to the status of the construction of the Waffle House. Mr. Hay advised that they are again proceeding with the construction but that they had a problem getting water from the BJ's road to their drainage system. They have a concrete pipe under their footing. They had their structural guys look at it since I indicated that I will not certify same. It seems to be working. The Township Engineer noted that Waffle House was forced to replace their entire storm system. Councilman Atkinson also questioned the Township Engineer as to the construction of the Damon's Restaurant. Mr. Hay noted that the work is progressing. They are currently working on the inside of the facility. Mr. Hay also noted that the problem of the adjoining property owner, Mr. Faust, was rectified and that they have swept Mr. Faust's driveway to eliminate all mud on his driveway.

Chairman Paulus then noted that the situation on the shoulder of the road by Denny's where a memorial has been created for the individual who was killed on Catasauqua Road recently should be looked at. Councilman Kovacs commented that this is the first fatality this year on Catasauqua Road; however, Mr. Paulus indicated there was a sign placed there that indicates that shoulder traffic causes deaths.

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

1. 1. The Township Attorney advised Council that all the items in which he is involved have been addressed. However, Attorney Eaton indicated that in the matters involving Airport Centers, there has been a request for a change in the Comprehensive Plan. In that regard, Attorney Eaton indicated that the proposed amendment was submitted to the appropriate municipalities for comment. It is required that the Council hold a public hearing before voting on the matter. That meeting should be held prior to the meeting for the zoning change request of the developer. Chairman Paulus noted that the Township has compiled all the information necessary and suggested that a meeting on the public hearing on the Comprehensive Plan Amendment be held on Monday, September 22, 2003 at 7:00 P.M. With respect to the rezoning issue, after discussion it was determined that a meeting with respect to that issue would be held on Monday, September 29, 2003 at 7:00 P.M.

Councilman Atkinson questioned the Township Attorney as to the status of the appeal of Adams Outdoor Advertising. Attorney Eaton indicated that he spoke to Attorney James Bartholomew who is handling the matter on behalf of the Township and he indicated that he expected the argument to be held in September. Attorney Eaton noted it would be a month or two after that for the decision to come down by the court.

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

New Business:

1. Bill No. 2003-11, An Ordinance Amending the Statutory Code of Hanover Township to Remove Provisions Regarding the Construction of and/or Contribution to Off-Site Improvements as a Condition of Subdivision Plan Approval (Introduce)

The Township Attorney advised the Board that many years ago the Township had in place an ordinance to have developers pay for costs of traffic improvements not immediately adjacent to their development. Subsequent to that, a state law passed which said that a municipality could not impose impact fees off-site unless an extensive traffic study was completed. Council considered the matter and decided not to do that. Therefore, this provision of the Subdivision Ordinance was simply not enforced. The Township Manager noticed it when revising the packet for developers and it was determined that this ordinance should actually have been repealed. Councilman Atkinson questioned whether the state law has changed regarding this matter and the Township Attorney indicated that it has not. Accordingly, Chairman Paulus introduced Bill No. 2003-11 at this time with a public hearing on same to be held on Wednesday, September 17, 2003 at 7:30 P.M.

Courtesy of the Floor: ------- None.

 

Adjournment:

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

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager