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MINUTES ARCHIVE
Township
Meeting - Minutes
HANOVER
TOWNSHIP, LEHIGH COUNTY
REGULAR COUNCIL MEETING
October
15, 2003
7:30 P.M.
Present: --------------- Councilwoman Hayden; Councilmen Atkinson, Kovacs, Paulus, Williams;
------------------------------- J. Jackson Eaton, III, Esquire; Ryan Christman; Sandra A. Pudliner; Vicky RothAbsent: ------------------ 0
Attendance: ---------- 12
Courtesy of the Floor: Kay Thompson, 2749 Donna Jo Way
Kay Thompson of 2749 Donna Jo Way approached Council and indicated that she had been here a few weeks ago with concerns over the swale, which runs by her property and has now had the opportunity to write down certain questions which she would like to address to the Board. The first item Ms. Thompson brought to the Board’s attention was a question as to whether or the not the swale as it exists is a result of actual construction or a natural depression. She inquired as to whether it was something that formed naturally or has been enhanced. Councilman Kovacs indicated that approximately six to eight years ago a cleanup of the swale area occurred from the church property going down to the end area where Fuller Company is located. The swale was opened up and made twice as wide as its original form. Mr. Ryan Christman in attendance at the meeting on behalf of the Township Engineer noted that when the Fuller Company developed the parking lot at their facility, the result of that construction has caused problems with the swale. As Council and others may be aware, Mr. Christman noted that a meeting had been held recently with the City of Bethlehem Engineer, the Township Engineer and representatives from Fuller Company and the result of that meeting is that a plan will be prepared to regrade that area. Ms. Thompson questioned when that would occur indicating that she felt it most likely would not be handled until Spring. Mr. Christman acknowledged that due to the lateness of the year he was of the opinion that the work would be done in the Spring.
Continuing with the issues Ms. Thompson raised she indicated to Council that as they are aware there is a large pipe coming under Schoenersville Road. She indicated she had an opportunity to look at the pipe and measure it. She noted that the pipe coming into the area of the church property is oval and is 5-1/2 feet wide and 3-1/2 feet deep. She wondered whether or not the size has some relation to the fact that the pipe is going under a five-lane road, namely, Schoenersville Road. Mr. Christman responded that as a result of the widening of Schoenersville Road the Pennsylvania Department of Transportation would have sized the pipe to handle runoff. Chairman Paulus commented that he would assume that since the pipe is going underneath the road it would be a standard culvert pipe. Mr. Christman agreed with that assessment.
The next question raised by Ms. Thompson involved the Lehigh Valley Corporate Center, the area being developed on the opposite side of Schoenersville Road. Ms. Thompson questioned whether the Township will be getting additional drainage from that development. Council commented that the Township Engineer had the actual stormwater calculations and that the issue should be addressed by him.
Ms. Thompson further inquired as to whether or not Hanover Township, Northampton County, is aware of the amount of water, which is coming into our Township as a result of their development on Schoenersville Road. Ms. Thompson further noted that she had an opportunity to speak with the Lehigh Valley Planning Commission and that they have indicated that their drainage plan (Hanover Township, Northampton County) was inconsistent with Act 167. The gentleman Ms. Thompson spoke to from the Lehigh Valley Planning Commission also indicated that his report went to Mr. Birdsall, the engineer for Hanover Township, Northampton County. Ms. Thompson questioned whether the Township was also provided with those facts. Ms. Thompson raised the issue as to whether or not that report is a matter of public record. Attorney Eaton advised Ms. Thompson that with respect to the plan for a development in Hanover Township, Northampton County, he felt that she could get quicker results by speaking to the Manager in Hanover Township, Northampton County, and asking if she and their Township Engineer could meet to talk about the plans. Attorney Eaton further noted that Hanover Township, Northampton County, has strict standards and would have in their files the plans for stormwater runoff and drainage as same results from their development on Schoenersville Road.
Councilman Kovacs questioned Mr. Christman as to what would result from the regarding of the Fuller Company swale. He inquired as to whether or not Mr. Christman felt it would alleviate the tremendous backup of water. Mr. Christman advised that it would not totally eliminate the water but would greatly reduce it. Chairman Paulus noted that in his last conversation with the Township Engineer the Township Engineer had indicated that the volleyball court on the Fuller property would have to go. Mr. Christman noted that it will be regraded. Ms. Thompson commented that she recollected a comment that was made that when the Schoenersville Road Project was going on PennDOT was asked to upgrade the swale but indicated it was too expensive. Ms. Thompson questioned whether or not the Township had a voice in receiving the stormwater runoff for that development. The Township Manager indicated that the development of that area required detention ponds in place to detain the water longer so that the flow would not be increased. It was noted that the Township does not have a choice in matters such as these.
Ms. Thompson questioned the Board as to whether or not any concerns regarding the planned development on Schoenersville Road was discussed with PennDOT. The Township Attorney indicated that it was his understanding that PennDOT had discussions with the Township Engineer and the Township Public Works Director. Ultimately, he noted PennDOT makes the final determination on the design of the road. Ms. Thompson responded by inquiring as to whether or not there was any documentation between Hanover Township and PennDOT noting that there might be a problem with this. The Township Attorney advised that the Township Engineer is not present this evening but he is the individual who carried on the communications with PennDOT. Upon his return, he can go back and review his files and respond to that issue. Attorney Eaton further noted that the drainage problem in this area has existed for many years. The Township Attorney also felt that if there are any problems they would relate to developments which occurred and whether or not they have met their responsibilities to restrain stormwater runoff. Ms. Thompson commented that the Township Engineer for Hanover Township, Northampton County, indicated to her that with respect to their development on Schoenersville Road, they have in actuality three large detention ponds to detain the stormwater runoff. Mr. Christman noted that a release rate for the stormwater cannot be more than before development.
Ms. Thompson advised Council that since Mr. Hay is not present at this meeting what would be her best course of action to secure answers to her questions. Chairman Paulus advised Ms. Thompson that the Township would have Mr. Hay call her upon his return from vacation. Chairman Paulus also noted that it is his understanding that when the volleyball court on the Fuller Company property is removed said removal will be a big factor to alleviate the problem. Chairman Paulus also noted that as everyone is aware the swale actually lies in the City of Bethlehem but the Township has continually tried to work with all the parties involved to remedy the situation. Mr. Joseph Feskanin also present at the meeting commented that to clarify comments made by the Township Attorney he is aware that in deeds going way back you will find that this is a natural water course not a swale.
Approval of Minutes: ---------- September 29, 2003 Special Council Meeting
-------------------------------- October 1,2003 Regular Council MeetingMotion: ------- I move we waive the reading of the Minutes of the Septmeber 29, 2003 Special 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 October 1, 2003 Regular Council Meeting and accept same as presented.
Paulus, Kovacs: Moved and Seconded
Atkinson, Hayden, Kovacs, Williams, Paulus: ------- Aye ------- Unan.Reports:1. Sandra A. Pudliner
Township Manager1. The Township Manager advised the Board that per their request she has corresponded with the City of Allentown as same relates to their comments regarding the Township’s Comprehensive Plan Amendment. A copy of that correspondence has been given to the Board.
2. The Township Manager reminded Council members that the first hearing relative to the proposed 2004 Budgets is scheduled for Monday, October 20, 2003, at 7:00 P.M.
2. Frederick W. Hay, P.E.
Township EngineerIt should be noted that the Township Engineer, Frederick W. Hay, P.E., was not present at this meeting. Ryan Christman of Keystone Consulting Engineers attended the meeting on behalf of the Township Engineer. Mr. Christman noted that he had nothing to report but would be happy to take any questions back from this meeting to the Township Engineer.
There was a discussion initiated by Councilman Atkinson as to what action would be taken to improve the swale by the Fuller Company. Mr. Christman indicated that they will shoot grade, survey the whole area and come up with a plan. Councilman Kovacs noted that the corner area is still at an upgrade and Mr. Christman indicated that they had looked at that area and will shoot the grades from the outlet pipe all the way down. Chairman Paulus questioned Mr. Christman as to what it took to fill the sinkhole in front of Councilman Atkinson’s house. Mr. Christman indicated that the sinkhole was approximately 3 ft. by 3 ft. and it took two yards of concrete to fill the hole.
3. J. Jackson Eaton, III, Esquire
Township AttorneyAs Council will recall at the last meeting at the request of a resident the Township passed a resolution to designate a handicap parking space at the resident’s home for that particular resident. At that time, Councilman Atkinson questioned whether or not the Township could designate the parking space for one specific individual. Our ordinance indicated you could do so. However, Attorney Eaton noted that at the time the ordinance was passed in 2001 the state law permitted you to designate a space for “the” person who made the request. In June, 2002, the law was changed and the word “the” was struck from the language contained therein and the new wording generally provided that a space could be provided for a disabled person. Accordingly, I have provided Council with a proposed ordinance to make that change to the Township’s current ordinance and other changes indicated in the new law. Council determined they would introduce the new ordinance as the last item under new business.
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.
Upon questioning with respect to a call listed on the fire company report, John Lemos, Township Code Enforcement Officer, who was present at the meeting indicated that the reason their truck was at Fountain Hill was because they needed a ladder to fight a fire and requested mutual aid from the Township.
Councilman Kovacs opened the discussion relative to an item under the Code Enforcement Officers’ report indicating that they have removed the sign which was part of the memorial at the intersection of Airport and Catasauqua Roads with respect to the pedestrian who was killed at that location. Councilman Kovacs indicated that he felt that the sign should not have been removed. Councilwoman Hayden commented that she felt that it was a distraction and it would slow down traffic at that location for individuals who wanted to read the sign. Councilman Kovacs questioned the size of the sign. Councilman Atkinson noted that the sign was approximately the size of a standard piece of poster board. Chairman Paulus questioned an item on the Code Enforcement Officers’ report with respect to garbage being dumped at Pacific Pride. The Township Manager advised that she would look into that matter. Councilman Atkinson questioned an item on the Code Enforcement Officers’ report relative to the lights out on Roble Road. Councilman Atkinson felt that lights have been out throughout the Township on a long-term basis in various areas. The Township Manager advised that she would look into the matter by talking to the Township’s Customer Service Representative. With respect to the Building Inspector’s Report, Councilman Kovacs commented that he felt that the report provided by the Township’s Building Inspector was extremely well done.8. Treasurer's Report
Motion: ------- I move we accept the computer printouts dated October 15, 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 ------- UnanUnfinished Business: -------
1. Bill No. 2003-04, An Ordinance Amending Chapter 27, Part 16 of the Statutory Code of Hanover Township, the Hanover Township Zoning Map, By Changing a Portion of the Zoning District Designated Limited Use Along North Irving Street to a Designation of Medium Residential (Adopt)
The Township Attorney opened a discussion at this time by advising the Board that as they are aware they had passed this Bill along with Bill No. 2003-5 at a prior meeting. He noted that the Municipalities Planning Code requires an advertisement for a meeting where these types of ordinances are considered for passage, which is slightly different than the Township’s usual notice. The notice the Township published in this case had all the information in it indicating consideration of these ordinances and describing same. The Municipalities Planning Code also indicates that the notice must contain the time and place of the meeting. Our notice did have the time and place but we did not indicate that passage of the ordinances would occur at that time. Attorney Eaton indicated that he is not sure if the advertisements previously provided were sufficient or not. Accordingly, we have readvertised and indicated that the proposed ordinances will be considered for passage this evening. He advised the Board that these are the same proposed ordinances. He further noted that these actions are just for the purpose of eliminating any possibility with respect to challenging same. At this point in the meeting, Council made the following motion:
Motion: ------- I move that Bill No. 2003-04, An Ordinance Amending Chapter 27, Part 16 of the Statutory Code of Hanover Township, the Hanover Township Zoning Map, By Changing a Portion of the Zoning District Designated Limited Use Along North Irving Street to a Designation of Medium Residential be adopted as Township Ordinance No. 441.
Atkinson, Kovacs: Moved and Seconded
Atkinson, Hayden, Kovacs, Williams, Paulus: ------- Aye ------- Unan2. Bill No. 2003-05, An Ordinance Amending Chapter 27, Part 16 of the Statutory Code of Hanover Township, the Hanover Township Zoning Map, By Changing a Portion of the Zoning District Located South of Route 22 From a Medium Density Residential to Planned Commercial (Adopt)
As noted previously, Bill No. 2003-05 represents the other ordinance which had previously been adopted and has been readvertised for passage at this time.
Motion: ------- I move that Bill No. 2003-05, An Ordinance Amending Chapter 27, Part 16 of the Statutory Code of Hanover Township, the Hanover Township Zoning Map, By Changing a Portion of the Zoning District Located South of Route 22 From a Medium Density Residential to Planned Commercial be adopted as Ordinance No. 442.
Atkinson, Williams: Moved and Seconded
Atkinson, Kovacs, Williams, Paulus: ------- Aye
Hayden: ------- NayNew Business: -------
1. Bill No. 2003-12, An Ordinance Amending Chapter 18, Part 3 (Sewer Rates, Rents and Charges), Section 303 of the Statutory Code of Hanover Township (Public Hearing)
Chairman Paulus opened the Public Hearing relative to Bill No. 2003-12. It was noted that Bill No. 2003-12 relates to an increase in the Bethlehem Capital Costs bringing it back up to the previous rate since a reduction in same was determined by the Township Engineer to be insufficient.
Motion: ------- I move that Bill No. 2003-12, An Ordinance Amending Chapter 18, Part 3 (Sewer Rates, Rents and Charges), Section 303 of the Statutory Code of Hanover Township be adopted as Ordinance 443.
Hayden, Kovacs: Moved and Seconded
Atkinson, Hayden, Kovacs, Williams, Paulus: ------- Aye ------- Unan2. Bill No. 2003-35, A Resolution Amending the Fee Resolution of the Statutory Code of Hanover Township (Adopt)
Councilman Atkinson commented that this Resolution increases the security deposits required at the various Township parks for the costs incurred for cleanup in the event the individual renting the park does not do so. However, if the individual reserving the park cleans up the property, the security deposit is refundable.
Motion: ------- I move that Resolution No. 2003-35, A Resolution Amending the Fee Resolution of the Statutory Code of Hanover Township be adopted as presented.
Kovacs, Hayden: Moved and Seconded
Atkinson, Hayden, Kovacs, Williams, Paulus: ------- Aye ------- Unan
3. Bill No. 2003-13, An Ordinance Amending Chapter 15 of the Statutory Code of Hanover Township Which Provides for Parking Spaces for Handicap Persons and Severely Disabled Veterans to Conform With State Laws (Introduce)
Chairman Paulus introduced Bill No. 2003-13 at this time. The Public Hearing on same will be held on Wednesday, November 5, 2003 at 7:30 P.M.Payment of Bills:
Motion: ------- I move Council authorize payment of Voucher Nos. 9889-9890 (9/30/03 Prepaids), Voucher Nos. 9891-9898 (10/15/03 Prepaids), Voucher Nos. 9899-9951, BC/BS Wire Transfer (October), Payroll dated 09/26/03, Payroll dated 10/10/03, from the General Fund Account in the amount of $122,803.74; Voucher Nos. 1385- 1390, from the Capital Reserve Account in the amount of $10,116.16; Voucher Nos. 1143-1144 (9/30/03 Prepaids); Voucher Nos. 1145-1150 from the Escrow Account in the amount of $15,179.46; Voucher Nos. 1372-1379 from the Water Account in the amount of $2,709.93; Voucher Nos. 2210-2211 (10/15/03 Prepaids); Voucher Nos. 2212-2220 from the Sewer Account in the amount of $4,329.38 for a Grand Total Expenditure of $155,138.67.
Paulus, Williams: Moved and Seconded
Atkinson, Hayden, Kovacs, Williams, Paulus: ------- Aye ------- UnanCourtesy of the Floor:
Mr. Joseph Feskanin approached the Board at this time and opened discussions with respect to the rezoning issues involving the two ordinances passed by the Board at this meeting. He indicated that he did not understand how the Council had handled the fact that the Hanover Township Planning Commission had made no recommendation regarding said rezoning. Attorney Eaton noted that the Board had indeed made no recommendation and that Council received copies of those minutes. Mr. Feskanin indicated that there was no discussion with respect to the fact that the Township’s Planning Commission had made no recommendation. During the Public Hearing, Mr. Feskanin indicated there was no discussion regarding the Township’s Planning Commission’s actions. Chairman Paulus indicated that since the Planning Commission had made no recommendation they had in effect left the matter up to the governing body. Mr. Feskanin indicated that he felt that this was a case of .3% of the population making a decision for 99% of the population. Councilman Kovacs commented for the record that it was his feeling that the Planning Commission may have been affected by some frightening statements made by the attorney for the Witko residents. He felt that they may have been actually frightened and therefore transferred the matter over to the governing body. Chairman Paulus commented that the Hanover Township Council cannot not make a decision. Mr. Feskanin indicated that the Board could make a timely decision. He felt a greater length of time should have been given before Council made their decision. Chairman Paulus did not agree and indicated that in his opinion the Board had received all the information over a considerable period of time and discussed the information openly at a public meeting. Councilwoman Hayden questioned Mr. Feskanin as to whether or not he is talking about the Comprehensive Plan Amendment or the rezoning issues. Mr. Feskanin indicated he was talking about both. Mr. Feskanin in addressing Chairman Paulus noted that Mr. Paulus had referred to discussion that evening but in his opinion the discussion that occurred on September 29 was a very short period of time for discussion. Chairman Paulus indicated that leading up to the meeting on September 29 the Board had received all the information over a period of time. That evening, there was a discussion and his impression was that the Board members were in a position to vote that evening. Councilman Kovacs agreed in that the Board had received information over the course of many meetings from individuals such as Feskanin and others. Mr. Feskanin indicated that he felt there remain some serious questions as to the analysis work done versus what appears to be the position of the Lehigh Valley Planning Commission and others and a major portion of residents in the Township who opposed the rezoning and Comprehensive Plan Amendment. Mr. Feskanin further indicated that he attended all those meetings and that it is his opinion that Council voted hastily and that his opinion is supported by a large number of other people. He concluded by indicating to Council that he appreciates the time to interact with them and will attempt to work with them at their Budget hearings, etc.
Ms. Jill Salim approached the Board and indicated that she had a question for the Township Attorney. She questioned Attorney Eaton as to whether or not the vote tonight is the vote that will stand. Attorney Eaton indicated that the Board has voted this evening to adopt the ordinances in question. And as with all ordinances same will take affect 30 days after this date.
Adjournment:Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:25 P.M.
Hayden, Kovacs: Moved and Seconded
Atkinson, Hayden, Kovacs, Williams, Paulus: ------- Aye ------- Unan.Respectfully submitted,
Sandra A. Pudliner
Township Manager
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