Present: --------------- Councilwoman Hayden, Councilmen Atkinson, Dreisbach, Kovacs, Paulus;
------------------------------- William J. Fries, Esquire; Frederick W. Hay, P.E.; Sandra A. Pudliner; Vicky Roth

Absent: ------------------ 0

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

At this point in the meeting, Councilwoman Hayden requested an Executive Session after the Regular Council Meeting. Chairman Paulus acknowledged that the Board would have an Executive Session after the meeting to discuss Personnel issues, wages, benefits, etc. Attorney Fries noted that he would suggest that rather than adjourn the meeting that the meeting be recessed for the discussion which would give the opportunity for the Board to come back into the meeting and possibly take any action they felt necessary.

Chairman Paulus welcomed aboard Mr. Frank Dreisbach as the newly appointed Council person filling the vacancy created by the resignation of William Williams. He noted it is good to see a Township resident taking an interest in the Township and willing to give up his time for the benefit of the Township.

The Township Clerk noted that she would like to make the Board aware of the fact that all the residents of Hanover Township, Lehigh County, had been mailed a Homestead and Farmstead Exclusion application from the county. This directly relates to the slots legislation being passed and the purpose of the application is to register so that revenues can be directed for the reduction of property taxes. If the form is not submitted, then that particular property owner would not be a recipient of the property tax reduction. The Township Clerk requested that Council put out the message that the form needs to be filled out properly and returned to the county. She also noted that she has secured blank forms which the residents can pick up at the Township Building.

Courtesy of the Floor: None

Approval of Minutes: ---------- November 17, 2004 Regular Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the November 17, 2004, Regular Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

The Township Manager advised the Board that with respect to the recent correspondence she had provided them from the Township of Upper Moreland relating to the Business Privilege Tax collection, the Township Manager had the opportunity to speak with Berkheimer Associates, the Township’s Tax Collector, regarding same. Berkheimer Associates has indicated that they have always utilized the proper procedure as outlined in the letter for the collection of the Township’s Business Privilege Tax unlike the Township of Upper Moreland, which did not utilize that procedure. Accordingly, it would appear that the Township would not be supporting their cause monetarily to file a Petition for Certiorari on to the United States Supreme Court in challenge of the Supreme Court Decision. The Township Manager did indicate that the Township Solicitor is providing a written memorandum regarding this matter.

As Council will note, I have provided the Board with copies of correspondence, the first being a letter to the Public Works Director of the City of Bethlehem regarding the Township’s concern over water line repairs, in particular, in an area on Troxell Street. As you will note in reading the letter, the City of Bethlehem does not secure the necessary right-of-way permits for such work and the Township has asked Bethlehem’s cooperation in repairing the area in question as well as securing permits in the future. Additionally, noted therein is the fact that Mr. DeSalva, the City Engineer, has yet to respond to numerous phone calls from the Township Engineer to set up a meeting regarding the Fuller swale issue.

Council has also been provided with a copy of correspondence sent to U.S. Foodservice regarding complaints involving excessive noise. The Township Manager noted that she has also spoken to the manager of U.S. Foodservice who has indicated that he will make every attempt to have the trailers moved to the other side of the facility away from the residential area as they have done in the past. He felt that there may have been some problems with new people or people not moving the vehicles as quickly as possible, but that they would make an attempt to accommodate the Township.

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

1. The Township Engineer advised the Board that the Road Program has been completed with the exception of the center line markers which Council had requested be installed and some regrading. He noted the change orders totaled $36,611.60. Mr. Feskanin, 1680 N. Irving Street, questioned the Township Engineer with respect to the pipe installation on Postal Rd. The Township Engineer advised that was a change order and included in the $36,000 figure. The Township Engineer noted that he had estimated that work at approximately $15,000, but the pipe work actually cost $23,061.60. He noted that the pipe was installed because water was draining into a ditch. The installation included putting in two runs and inlets.

Chairman Paulus advised the Township Engineer that the gas cap, which had been placed in Troxell Street has now been dug out. He noticed an environmental truck that came and removed same. Anyway, he advised the Township Engineer that we are back to square one. The Township Engineer indicated that he would have the area repaired.

Councilman Atkinson questioned the Township Manager as to whether or not she knew what the problem was with the lights on Marcon Blvd. that have now been repaired. The Township Manager indicated she was simply advised by the PPL Customer Service Representative that the lights were now operational but that she could find out the exact cause. Councilman Atkinson felt that was not necessary.

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

Attorney William Fries appeared before the Board in place of his partner, Attorney Jackson Eaton due to Jackson Eaton’s unavailability as a direct result of an emergency situation, which had arisen at the firm.

A.) Attorney Fries advised that he has provided the Board with correspondence regarding the Township’s Personnel Board. Said correspondence is for Council’s information and can be discussed at a later date.

B.) With respect to Occupational Privilege Tax, Attorney Fries indicated to the Board that he understands that a question was raised with respect to the impact of this recent legislation, which potentially authorizes increasing Occupational Privilege Tax from $10 to $52. Attorney Fries indicated that he has not listened to the news today to see if the Governor has signed this legislation into law. If the legislation becomes law, then it would authorize the Township to provide for an increase in the tax up to $52. The Township could increase the tax from $10 to $11 or anywhere in between up to a total tax of $52. The Township is also not required to impose any tax. The only thing the Township could not do is impose a tax between $1 and $9. The current law, Attorney Fries stated, prohibits or provides an exemption for individuals with low income of $1,000. Under the new legislation, the exemption for low wage owners has increased to $12,000. He further noted that the Township can assume the legislation the legislation is going to be passed, but Council can defer any action to see what the Governor is going to do. Chairman Paulus noted for the record that what he understands is that the Township could allow the tax to stay at $10, could go down to zero dollars or raise the tax somewhere in between $10 and $52. Councilman Atkinson questioned whether or not because of the exemption for low income the Township would be required to amend our code to put that in. Attorney Fries indicated that the Township would need such amendment.

Unfinished Business: None

New Business:

1. Resolution No. 2004-36, A Resolution Authorizing a Holiday Dinner for Recognition and Appreciation for Service Rendered (Vote).

Motion: ------- I move that Resolution No. 2004-36, A Resolution Authorizing a Holiday Dinner for Recognition and Appreciation for Service Rendered be adopted as presented.

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

2. Resolution No. 2004-37, A Resolution Proclaiming Dream Come True Week in Hanover Township (Vote).

Motion: ------- I move that Resolution No. 2004-37, A Resolution Proclaiming Dream Come True Week in Hanover Township, be adopted as presented.

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

It was noted that the Township has not received any written correspondence from Dream Come True with respect to their annual telethon. Councilman Kovacs did acknowledge receiving something in the mail after he made his yearly contribution. However, the Township has not received any formal information regarding the telethon.

3. Bill No. 2004-07, An Ordinance Amending Chapter 1, Part 7, Section 744, of the Statutory Code of Hanover Township, to Eliminate Employee Contributions for the Payment of Healthcare Insurance Premiums (Introduce).

Chairman Paulus introduced Bill No. 2004-07 at this time with a Public Hearing on same to be held on Wednesday, December 15, 2004, at 7:30 P.M.

Courtesy of the Floor:

Mr. Joseph Feskanin, 1680 N. Irving Street, advised the Board that as they will recall at Monday night’s meeting he had raised an issue with respect to the recent less than three inches of rainfall which had caused flooding conditions in his area. He advised that he had taken pictures and that in his opinion this is a long-standing problem. Said pictures were shown to interested parties at the meeting. The Township Engineer commented that there are issues in the area as a result of the box culvert and the Dillon Floral pond. Upon showing the pictures to the Township Engineer, Mr. Feskanin commented that the water exits right in front of Mr. Keim’s property. The Township Engineer noted that he has viewed Mr. Keim’s property under water in the past. Mr. Feskanin expressed his concern of an even worsening situation with respect to additional water from additional development in the Township. He felt that a solution to the problem must be found. Mr. Hay expressed his opinion that a solution to the problem would be difficult. He noted that the pipe underneath the thruway was installed in 1954. Then in the 1980s, development occurred including Dillon Floral. He felt that if you throttle back the water you will flood out Dillon Floral. Councilman Atkinson commented that if he understood Mr. Feskanin his concern is that there will be more water after further development. Mr. Feskanin expressed his opinion that he felt there should be an open discussion about what possibilities exist. He advised the Board that he has secured a copy of the Comprehensive Plan from Hanover Township, Northampton County, which he felt was very thorough and complete and contained comments and a plan as well as the acoustical noise study involving the Lehigh Valley International Airport. He noted he did not see that noise study in our plan. Mr. Feskanin quoted sections of the Comprehensive Plan which related to flood plain issues and dedication of land for open space as a result of development, etc. The Township Engineer commented that he was aware of what the Northampton County, Hanover Township’s plan stated. However, he felt this Township is one of the most unique townships in the area. He indicated he has been here for eight years and that you cannot compare the contents of a Comprehensive Plan of a municipality that is two-thirds developed with a township that is developed as in the case of Hanover Township, Lehigh County. Mr. Feskanin reiterated that what he is asking and asked for previously is a more open discussion of predevelopment plans that we the citizens can participate in. The Township Attorney noted that anyone can go to the Hanover Township Planning Commission to review plans submitted. Chairman Paulus noted that the Hanover Township Planning Commission gets the plans first. They review same, make recommendations and then it goes to the governing body for review of their recommendations. Mr. Feskanin noted that he has been provided with a copy of the traffic study for the proposed development on Airport Rd. He also noted that he has a letter from the Lehigh Valley Planning Commission regarding that development making certain recommendations. He felt that kind of information should be made available to the residents. The Township Manager commented that all these issues are a matter of public record and that Mr. Feskanin can secure copies of any information he desires from the Township. Councilman Atkinson commented that by virtue of the Township’s Home Rule Charter which was adopted in the 1970s, this Township still has the most open forum in the Lehigh Valley if not in the state. Attorney Fries noted that he felt that was a true statement.

At this point in the meeting, the Board recessed to go into an Executive Session and noted they may not return with a decision.

Council returned from their Executive Session at approximately 8:55 P.M. No decision regarding the Executive Session was made at this time.

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 9:00 P.M.

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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