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

Absent: ------------------ Councilwoman Hayde

Attendance: ---------- 4

Courtesy of the Floor: None

Approval of Minutes: September 3, 2003 - Regular Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the Sept. 3, 2003 Regular Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

1. As Council may recall, some time ago, Council determined to create a fire lane on Hoover Avenue along the length of one side of the road. Since that time, the Township's Public Works Director has determined that such a fire lane would require 110 fire lane signs at a cost of approximately $3,000 just for the signage. The installation of the signs would most likely need to be subcontracted. The Public Works Director further advised that there is no approved PennDOT sign for roads with respect to fire lanes. The installation of such signs on the roadway would need to be at a depth which would necessitate contractor installation.

Councilman Williams questioned who had requested this fire lane signage and the Township Manager noted that the Township's Fire Chief had indicated he desired same for safety issues. The fire company felt that they might not be able to access the area with their fire vehicles when parking is on both sides of that roadway. The Township Attorney advised that he had previously indicated to the Board that it was feasible for the Township to create a fire lane on one side of Hoover Avenue. However, he noted that in most instances such as the shopping center, the fire lanes were established when the plans were approved. There are a few things that make it less clear as to whether or not the Township can make the property owners install such signage. The largest property owner in the area may make a claim that he is not required to put in a fire lane because he has another access and does not need a fire lane on Hoover Avenue.

After considerable discussion regarding this matter, it was the general consensus of the Board that the Township would not install fire lane signage on Hoover Avenue.

2. With respect to Canal Park, the Township Manager advised the Board that she was of the opinion that the Township security deposit for rental of the park should be changed from the $50.00 currently required to a larger amount due to the time which is sometimes necessitated when a function occurs and the cleanup is extensive and requires Public Works personnel to put in overtime when back-to-back functions are occurring at that facility. The Township Manager also advised the Board that as she reads the ordinance and the language contained therein is such that a resident would be charged nothing for the rental of the facilities but would post a security deposit. It is also noted therein that a group represented by a resident would also qualify for no charge for the rental of the pavilion. However, Mrs. Pudliner indicated to Council that it appears what has happened is that individuals are searching for residents in the Township to sponsor their rental of the park and using those residents names for the reservation but paying for the reservation with their own funds. In an attempt to resolve some of these issues, Council made the following motion:

Motion: ------- I move that the Township Fee Resolution be revised to reflect a refundable security deposit of $200.00 rather than the $50.00 stated for the rental of the Canal Park pavilion.

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

With respect to the issue of the rental of the Canal Park pavilion to a group represented by a resident, a discussion ensued at this time and it was determined that possibly the most reasonable course to take was to have an agreement prepared which would be signed by a resident renting the pavilion area on behalf of a group. The contents of such agreement would include the fact that the individual acknowledges that he or she is a resident, that he or she is a member of the organization which will be utilizing the pavilion, that the resident acknowledges that he or she will be responsible should it be necessary to keep the security deposit in the event of noncleanup of the park pavilion area, and that the resident would be responsible for any damage to the Township's property.

3. The Township Manager advised the Board that the Hanover Township Zoning Hearing Board will meet on Wednesday, September 24, 2003, at 7:00 P.M. for the purpose of hearing three separate zoning appeals. The Board will hear the appeal of B. Braun Medical, Inc. with respect to their request for the construction of two pad mounted plastic resin storage silos 32 feet high. The variance request is of the fact that such silos constitute accessory structures and under the ordinance are only allowed to be 20 feet high. The Township Manager further indicated that this matter has been discussed with the Lehigh-Northampton Airport Authority and that they received notice of the Zoning Hearing.

The Township Manager advised that the second appeal is the appeal of Lehigh Valley Sports Academy. The Township Manager indicated that as Council may recall a prior appeal was heard by the Zoning Hearing Board with respect to the applicant's desire to hold special events on the property and the necessity to secure a parking variance. That relief was granted, but in the course of the hearing, it was noted that there was an additional business operating on the second floor of the facility; namely, a fitness center. Due to the fact that both the Building Inspector and the Township Zoning Officer were unaware of the additional business, when the Board issued its ruling, it noted that relief for the fitness center was not part of this appeal and that any parking issues relating to that facility will need to be addressed in a separate appeal to the Board. The Township Manager indicated that is the purpose of the appeal before the Board on September 24; namely, to determine if a parking variance is required for the fitness center at the same location.

The Township Manager advised the Board that the third zoning appeal involves the property of Saylor's Mobile Home Park; in particular, an appeal for a variance from the requirements of the zoning ordinance relating to area and frontage and a variance from the parking requirements of the ordinance to allow a used vehicle sales facility including an office and a one bay garage on the property. Mrs. Pudliner indicated that the applicant as well as Mr. Miller indicated that it would be a very small, high-scale used car lot business with a maximum of 16 vehicles on the property. Councilman Williams raised the issue of whether or not the Township should have the Township Attorney look into PennDOT regulations for used car lots and how same would be applied to this issue. The Township Attorney felt, however, that the issue simply related to the zoning ordinance requirements. The Township Engineer brought to the Boards attention the fact that when the Township went through the condemnation process for the Airport Road Improvements Project, he was of the opinion that Mr. Miller was granted monies to create additional parking in the same general area of this proposed used car lot business, which was never done. Mr. Hay further noted that the issue raised at that time was that the area was necessary for turning around motor home vehicles for a display of mobile homes offered for sale. The Township Engineer felt that this would be double dipping. In resolution of this matter, Council made the following motion:

Motion: ------- I move that we direct the Township Attorney and Township Engineer to research these issues involving Saylor's Mobile Home Park as same relate to the proposed zoning appeal and should the information reveal that the property in question should not be utilized for the purpose requested in the appeal but for the purpose designated at the time of the Airport Road reconstruction project that the Township have the Township Attorney attend the Zoning Hearing and that the Township take a position on this matter.

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

4. Council has received correspondence from the Borough of Catasauqua inviting members of the Board to attend the Sesquicentennial Birthday of the Borough of Catasauqua to be held on October 4, 2003 commencing at 1:00 P.M. In the correspondence, the Borough invites the Board members to participate in a parade to celebrate Catasauqua's 150th Anniversary. Chairman Paulus indicated that he would check on his availability and get back to the Township Manager regarding this matter.

5. The Township Manager advised the Board that Halloween falls on Friday, October 31, 2003 and questioned whether the Board wished to schedule Trick or Trick Night that evening. Mrs. Pudliner noted that she believed that the Borough of Catasauqua would be holding Trick or Treat on the same night. Accordingly, the Township Council advised the Manager that Trick or Treat in Hanover Township would be held on Friday, October 31, 2003, between the hours of 6:00 and 8:00 P.M.

There was a discussion initiated by Councilman Atkinson with respect to his drive through of the Township after the recent heavy rainfall. He indicated that he did not see any cresting of the swale down at the Allendale Apartment complex. He did note some issues with other areas of theTownship but nothing of great consequence. At this point in the meeting, Chairman Paulus advised that if Council was not aware there had been an accident at the Canal Park area involving the maintenance building (the old Sportsmen's Club) where a vehicle had gone off the road and hit the building. As a result, a wall has been knocked down. It was noted that the Township is presently securing an estimate to pass on to the insurance company for the masonry work that would need to be done to repair the building.

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

1. With respect to the issue involving the swale adjacent to the Fuller Company, I have provided Council with copies of correspondence relative to this matter. The first is an email to Mr. DiSalva of the City of Bethlehem advising him of the problems with the Fuller swale. There was also correspondence which has been sen out by the City of Bethlehem to the Full Company informing them that they need to take corrective action to restore the swale and that grading of their property conform precisely to the approved plan. The Township Engineer noted that this matter came to a head after a newspaper article appeared after one of the Township's recent Council meetings wherein the swale was discussed. After the article appeared in the newspaper, Mr. Hay indicated he met on site with the Bethlehem Engineer and gave him a copy of the plan at which time it was agreed that the approved plan has not been enforced. The Township Engineer noted that he has spoken with the owner of Saylor's Mobile Home Park and told him what has transpired and that he is pleased with the result. Ms. Kay Thompson was present at the meeting and advised that she saw someone cleaning the swale out today and the Township Engineer indicated that was Mr. Miller of the Saylor's Mobile Home Park.

2. With respect to the 2003 Road Program, the Township Engineer advised that Grove Road has been completed as well as the Township parking lot. The contractor indicated that he will not start Canal Park until Monday of next week. Additionally, I also advised the contractor about the low spots in the Troxell Street area. They indicated they would look at same and cut them out. The Township Engineer did note that the low spots are all in the areas where he had originally designed catch basins. Councilman Kovacs noted that there are areas in the project where the sealing of the roadsides has been spotty and has not been completed. The Township Engineer indicated that he advised the contractor about that and that they would need to come back and seal the entire project area. Councilman Williams advised that his driveway has been completed but there were issues that the contractor get all exposed services and that they did not do that. The Township Engineer indicated that the contractor would do that and he would speak to them regarding that matter.

Councilman Williams also advised all present that he had a meeting on Grove Road generated by acomplaint by one of the residents on Grove Road. Mr. Williams felt that maybe the road should be widened and questioned the way the trench drain was installed and whether or not the storm drain couldn't come down to a point and then the water would naturally run. The Township Engineer commented that the resident, Mr. Hess, wanted to run all the water to Airport Road but that it is impossible because it is too flat. He noted that this area has always been a problem and was a problem when he first became Township Engineer back in 1996. He further indicated that when the state widened Schoenersville Road they cut off the access for the trucking company off of Schoenersville Road and thathe trench drain was placed on Grove Road to allow tractor trailer access for Mr. Van Why's business. The Township Engineer also indicated that the cartway is the same at the Schoenersville Road end of Grove Road as it is for the rest of Grove Road up to Airport Road. The Township Engineer also noted that Piechota Auto Body had suggested that the Township redo their lot at no cost to Mr. Piechota. The Township Engineer felt that he would be willing to meet with Councilman Williams at the site and they could look at it and discuss the matter further. Accordingly, Councilman Williams and the Township Engineer determined to meet Thursday morning at 9:00 A.M. at the location.

3. J. Jackson Eaton, III, Esquire
Township Attorney

The Township Attorney advised the Board that all items in which he is involved had been discussed and offered no further report at this time.

4. Maintenance Report

5. Fire Company's Report

6. Code Enforcement Officers' Reports

7. Building Inspector's Report

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.

Councilman Atkinson noted that in reviewing the Maintenance Report, he noticed references to sinkholes on Troxell Street. He was advised that there were two sinkholes in the area in front of the McCafferty property, one small sinkhole, which the Township repaired, and the sinkhole caused by the City of Bethlehem repair. It was further noted that there was an emergency repair required by the City of Bethlehem where they open cut the newly paved roadway and the Township would be backcharging the city for the emergency repair. The Township Engineer advised that he is calculating the charge for cutting a newly paved roadway in the Township and that Bethlehem would be advised that the monies are due and owing from them.

8. Treasurer's Report

Motion: ------- I move we accept the computer printouts dated September 16, 2003 for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

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

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 (Public Hearing)

Chairman Paulus opened the Public Hearing relative to Bill No. 2003-11. In resolution of this matter, the Board made the following motion:

Motion: ------- I move that 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 be adopted as Ordinance No. 440.

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

Payment of Bills:

Motion: ------- I move Council authorize payment of Voucher Nos. 9825 (8/31/03 Prepaids), Voucher Nos. 9826-9834 (9/17/03 Prepaids), Voucher Nos. 9835-9888, BC/BS Wire Transfer (September), Payroll dated 8/29/03, Payroll dated 9/17/03, from the General Fund Account in the amount of $108,656.55; Voucher No. 1372 (8/31/03 Prepaids), Voucher Nos. 1373-1374 (9/17/03 Prepaids), Voucher Nos. 1375-1384, from the Capital Reserve Account in the amount of $102,608.46; Voucher Nos. 1138-1142 from the Escrow Account in the amount of $8,572.59; Voucher Nos. 1363-1371 from the Water Account in the amount of $34,923.54; Voucher Nos. 2200-2209 from the Sewer Account in the amount of $7,608.48 for a Grand Total Expenditure of $262,369.62.

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

Courtesy of the Floor:

Ms. Kay Thompson, a resident of the Chestnut Grove Town Garden Development questioned Councilman Atkinson as to where the swale behind the Fuller Company actually goes. Councilman Atkinson noted that a large part of it is on airport property. It was noted that it goes to the Andretti Car Wash and it goes into the airport, goes under the airport, comes out by the post office. It then goes to the culvert at 22 behind Witko Mobile Home Park, goes down Irving Street at the Allendale Apartments, goes to a swale behind Allendale and eventually goes into the river. It was also noted that in the future the culvert at Allendale would be looked at in terms of improving same when development on Airport Road at the area of the Witko Mobile Home Park is accomplished one way or another.

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:45 P.M.

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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