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Township Meeting - Minutes

HANOVER TOWNSHIP, LEHIGH COUNTY
REGULAR COUNCIL MEETING

April 4, 2007
7:30 P.M.

Present: ---- Councilwoman Hayden; Councilmen Atkinson, Dreisbach, Kovacs, Paulus; J. Jackson Eaton, III,
--------------------- Esquire; 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: ------------------ 0

Attendance: ---------- 11

Courtesy of the Floor:

1. Joe Samanka, President of Han-Le-Co Volunteer Fire Company No. 1

Mr. Dave Huber, Assistant Chief of Han-Le-Co Volunteer Fire Company No. 1 appeared before Council and presented the Board with correspondence dated April 4, 2007 from Mr. Joseph Samanka, President of Han-Le-Co Volunteer Fire/Rescue. Mr. Huber initiated discussion with respect to the potential of the Township enacting an EMS tax. Mr. Huber noted that they are experiencing an approximate $4,800 per year reduction in revenues which the fire company had raised from coin tosses held in the Township. However, the fire company has discontinued said coin tosses due to the push to enforce current laws prohibiting that type of fundraising. Mr. Huber noted that on average 75% of the calls within the Township relate to the businesses and industry in the Township and not the residents. He noted that the fire company does send out an annual newsletter requesting donations and the average donations from the residents over the last seven years had been approximately $3,200 and the businesses approximately $4,627. Councilman Kovacs questioned the $4,800 loss in revenue from coin tosses being an average and Mr. Huber indicated that it was. Councilman Kovacs questioned how many residents were responsible for the annual donations of $3,200 and Mr. Huber indicated he did not have that number but he could get it. Councilwoman Hayden questioned what would happen if the Township enacted the EMS tax. In particular, she inquired as to whether or not the fire company would then cease asking residents for donations. Mr. Huber indicated that the fire company could do that. There was discussion with respect to what type of revenues would be raised from an EMS tax. Mr. Huber’s figure of $900,000 to $1,000,000 was challenged by the Township Manager. Mrs. Pudliner noted that the Township currently has such a tax at a rate of $10.00 per individual and if the Township would opt to increase that to the maximum of $52.00 the revenues would not be in the area of $900,000 to $1,000,000 but rather somewhere around $260,000 per year.

There was a discussion initiated by Jeff Fuehrer of the fire company regarding the fire company’s policy of reimbursement to their fire fighters for the services they provide. Initially, the annual reimbursement was $1.00 per call. In 2004 and 2005, the fire company had increased the reimbursement to $2.00 per call and included, therein training sessions, meetings, etc. When the fire company had particularly good income from coin tosses, the payout would be $3.00 per call. However, in the year 2006, because of the lack of the coin tosses, the fire company is back to $1.00 per call. Mr. Fuehrer indicated to Council that the fire company feels that it would be appropriate for Council to include a budgeted figure in the 2008 Budget to compensate for the lack of revenues that had been generated by coin tosses. He noted that the fire company members are, in his opinion, in fact employees of the Township. He further stated that the fire company felt that the rate of $3.00 per call would be reasonable. Mr. Fuehrer also indicated that the fire company would provide detailed information to the Township for the payout of those funds and further felt that the budgeted amount to compensate for these payments should be approximately $9,000 per year. Mr. Fuehrer noted that Han-Le-Co is in competition with surrounding communities to recruit. Of the 35 members of the fire company, only five live in Hanover Township.

Chairman Paulus noted that it would appear that the fire company is asking the Board to replenish money that can no longer be collected at coin tosses at a rate of $3.00 per call or approximately $9,000 per year. Mr. Huber indicated the Township could also utilize the EMS tax to replenish those revenues. Councilman Atkinson questioned whether or not the base amount was paid out of the Township’s Budget and Mr. Huber indicated it was paid out of the fire company’s revenues. Chairman Paulus commented that with respect to the EMS tax the Township was happy to be in a position to keep the rate at $10.00 for each individual that worked within the Township. Councilman Dreisbach questioned how many times a year the fire company held coin tosses. Mr. Dreisbach was advised that coin tosses were held three days a year around the holidays. Upon questioning by Chairman Paulus, Mr. Huber noted that the Township’s fire company held no other fundraising activities other than the newsletter wherein they requested donations. Councilman Kovacs questioned how much money was in the fire company’s treasury at the present time and Mr. Huber noted that right now there is approximately $6,000 which the fire company uses to pay certain bills, to operate their office, to cover paperwork expenses, cell phones, to purchase some minor equipment and to make certain minor repairs to the fire station building. Councilman Kovacs questioned what their normal balance is in their account and Mr. Huber indicated they usually average about $6,000 throughout the year. Mr. Fuehrer commented that the fire company tries to maintain a $6,000 balance in their account and they do utilize some of the funds for community activities, i.e. trick or treat, Easter Egg Hunt, Santa Claus, etc. In conclusion of these discussions, Chairman Paulus advised that Council would discuss the further handling of this matter and advise the fire company when a determination has been made.

Approval of Minutes: ------ March 21, 2007, Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the March 21, 2007 Regular Council Meeting and accept same as presented.

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

Paulus: ------- Abstained

Reports:

1. Sandra A. Pudliner
Township Manager

1.) The Township Manager advised the Board that she has provided them with a copy of the notice of the upcoming Zoning Hearing Board hearing to be held on Thursday, April 26, 2007, in the matter of Tri-Outdoor, Inc. Mrs. Pudliner noted that this matter involves the request of the applicant for either a special exception or a variance as same relates to billboards and the dismantling and reconstruction of same in strict conformity with the ordinance. The Township Manager and Zoning Officer, Mrs. Pudliner indicated to the Board that in her opinion this matter involves a violation of the Township’s requirements of 4,000 feet between billboards and accordingly she was of the opinion that the Township should object to this application and have an attorney, not the Township Solicitor, present at the time of the Zoning Hearing because of a conflict of interest involving one of the interested parties in this application also being a member of the Township Attorney’s firm. Mrs. Pudliner requested that the Board approve the services of Attorney James Bartholomew to represent the Township at both the Planning Commission Meeting as same relates to the Special Exception and at the Zoning Hearing to oppose the application. In resolution of this matter, the Board made the following motion:

Motion: --- I move that the Hanover Township Council authorizes Attorney James Bartholomew to represent the Township in opposition to Zoning Appeal No. 2007-1 at both the Hanover Township Planning Commission Meeting where the application will be heard, as well as the Zoning Hearing Board hearing scheduled for April 26, 2007.

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

2.) At Councilman Dreisbach’s request, the Township Manager advised that she has been in touch with PPL with respect to the relocation of 10 light poles in order for the Township to proceed with the signal light at Race Street and Willowbrook Rd. As a result of discussions with PPL, the Township Manager noted that PPL has prepared a work order but is awaiting PennDOT approved plans and will not proceed until those plans have been forwarded to them. The Township Engineer commented that as a result of PennDOT’s moving their offices, they have not reviewed plans for a period of time and are somewhat backlogged. Vice Chairman Atkinson suggested the Township Manager contact PPL and ask them if they could at least begin the process of contacting the utilities other than themselves that are located on the light poles in question to secure their permission for the relocation.

3.) The Township Manager advised the Board that she has provided them with additional information regarding the PSATS Convention and has also included with that information the resolutions, which have been proposed for consideration at the convention.

Vice Chairman Atkinson questioned whether the repairs of the storage facility of the Township at Canal Park have been completed and the Township Clerk noted they have been completed and payment has been made to the contractor.

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

The Township Engineer advised the Board that the he had nothing to report at this time.

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

1.) The Township Attorney advised that he has had no response from Mittal Steel, but it is his understanding that they are still working on the matter.

2.) The Township Attorney advised that at a prior meeting the Board questioned the authority of the Township to ticket vehicles that did not have current tags or plates. In that regard, the Township Attorney advised that he has provided research regarding same and the conclusion is that it is not an offense under the Motor Vehicle Code. Attorney Eaton noted it is not subject to citation. Vice Chairman Atkinson questioned whether or not a Township could make it an offense under the Township Ordinance and the Township Attorney advised he would look into that matter.

Unfinished Business:

1.) Bill No. 2007-3, An Ordinance Amending Chapter 13, Part 6, Section 602(5) of the Statutory Code of Hanover Township to Comply with the Standards of the Pennsylvania Liquor Code for Municipal Approval of Transfer of Certain Liquor Licenses (Public Hearing).

Chairman Paulus opened a Public Hearing relative to Bill No. 2007-3. The Township Attorney commented that the original bill had a typo in it in that the part that was stricken from the Ordinance simply was not there. However, the Township Attorney advised that it was not a substantive change and accordingly the Township could proceed at this time. Vice Chairman Atkinson commented that this proposed Ordinance broadens the Township’s abilities to approve or disapprove a Liquor License Transfer. In resolution of the matter, the Board made the following motion:

Motion: ---I move that Bill No. 2007-3, An Ordinance Amending Chapter 13, Part 6, Section 602(5) of the Statutory Code of Hanover Township to Comply with the Standards of the Pennsylvania Liquor Code for Municipal Approval of Transfer of Certain Liquor Licenses be adopted as Township Ordinance No. 472.

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

New Business:

1.) Resolution No. 2007-30, A Resolution Granting Preliminary/Final Subdivision Approval to Grundfos Pumps, 2211 Hangar Place, Allentown, PA 18109 (Vote)

In attendance at this meeting on behalf of the applicant was a representative from North Star Construction Company and Barry Isett & Associates. With respect to the application, the Board was presented with plans regarding the proposed subdivision and expansion of the current Grundfos facility. With respect to the subdivision, it was noted that it is simply the removal of a lot line and accordingly the Board made the following motion:

Motion: --- I move that Resolution No. 2007-30, A Resolution Granting Preliminary/Final Subdivision Approval to Grundfos Pumps, 2211 Hangar Place, Allentown, PA 18109 be adopted as presented.

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

2.) Resolution No. 2007-31, A Resolution Granting Preliminary/Final Land Development Approval to Grundfos Pumps, 2211 Hangar Place, Allentown, PA 18109 (Vote)

With respect to this land development, representatives on behalf of the developer reviewed plans for the 64,000 sq. ft. addition with Council. They also reviewed the comments and conditions set forth for approval as shown on Resolution No. 2007-31. On behalf of the developer, their representatives acknowledge that the conditions were acceptable to them. In resolution of this matter, the Board made the following motion:

Motion: --- I move that Resolution No. 2007-30, A Resolution Granting Preliminary/Final Subdivision Approval to Grundfos Pumps, 2211 Hangar Place, Allentown, PA 18109 be adopted as presented.

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

3.) Bill No. 2007-4, An Ordinance Amending the Statutory Code of Hanover Township to Permit Signs with Changing Images or Messages in PIO and PC Zones (Introduce)

There was discussion with respect to Bill No. 2007-4 at this time. The Township Attorney noted that as the Board will note there are several blanks in the Ordinance and the Township needs to determine what standards would apply. A representative from a billboard company in the Township, namely, Tri-Outdoor, Inc. appeared before the Board. Mr. Bakos noted that the standard with respect to the change in billboard messages is six seconds. He noted that a cost factor is a major consideration since digital billboards are very expensive. The Township Manager noted that having attended a seminar regarding digital billboards, she was of the opinion that a ten second change would be more appropriate. There was also discussion with respect to the spacing of billboards. Attorney Paul Harek in attendance at the meeting on behalf of Tri-Outdoor, Inc. questioned how the Township would decide who gets a digital billboard if some restriction were placed on billboards being spread out in some fashion so that they are not in line with one other.

It was determined that further discussion would occur regarding this proposed ordinance at the Council’s next meeting to be held on Wednesday, April 18, 2007 at 7:30 P.M.

4.) Bill No. 2007-5, An Ordinance Amending Part 8, Appendix C of Chapter 22 of the Statutory Code of Hanover Township Regarding Stormwater Management in the Catasauqua Creek-Monacacy Creek Watersheds (Lehigh River Sub Basin 4) to Establish Stormwater Management Standards, Districts, Review Procedures, Operation and Maintenance Responsibilities and Penalties (Introduce)

Bill No. 2007-5 was introduced at this time with a public hearing to be held on Wednesday, April 18, 2007 at 7:30 P.M.

Courtesy of the Floor: NONE

At this point in the meeting, the Township Clerk brought to the Board’s attention an error which had occurred in the March 21, 2007 Bill List. Mrs. Roth advised the Board that the General Fund Total had included a voided check and accordingly the General Fund Total and the Grand Total Expenditures were incorrect. In resolution of this matter, the Board made the following motion:

Motion: --- I move that Council authorize the correction to the Summary of Payment Vouchers for the Bill List Dated March 21, 2007 to correct the General Fund Total as well as the Grand Total Expenditures.

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

Adjournment:

The meeting was adjourned at 8:45 P.M.
Respectfully submitted,

Sandra A. Pudliner
Township Manager

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