Present: --------------- Councilwoman Hayden; Councilmen Atkinson, Kovacs, Williams; Ryan Christman;
------------------------------- J. Jackson Eaton, III, Esquire; Sandra A. Pudliner; Vicky Roth

Absent: ------------------ Councilmen Paulus and Williams

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

Courtesy of the Floor: 1.) None

Approval of Minutes: ---------- November 5, 2003 Regular Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the November 5, 2003 Regular Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

1. With respect to the status of the PPL poles in the Township, the Township Manager advised the Board that she has been in touch with the Township’s customer service representative with respect to certain issues regarding poles down, leaning, and poles which are rusted and need to be maintained. The Township Manager advised Council that the customer service representative of PPL has indicated that these matters would be addressed and the Township would be contacted with respect to what action would be taken by PPL to correct the problems.

 

2. Ryan Christman for Frederick W. Hay, P.E.
Township Engineer

1. Mr. Christman advised that in the absence of the Township Engineer he is in attendance at this meeting on behalf of Keystone Consulting Engineers. He indicated to the Board that with respect to the Troxell Street Area Improvements Project, Council should be advised that the contractor has been back to take care of some of the ponding areas in the Troxell Street area.

Councilman Atkinson questioned whether or not they will be coming back to seal the roadsides. Mr. Christman indicated that they would do so with proper notice being given to all the residents in the area.

 

Councilman Atkinson questioned Mr. Christman as to the status of securing lighting at the Airport Road/Race Street intersection. A discussion ensued and it was noted that clearance from the FAA needs to be secured for the lighting installation. Another discussion initiated by the Township Manager indicated that there will be some changes with respect to opticom control units being installed at both the Airport Road and Race Street intersection and the Airport Road and Schoenersville Road intersection and additionally that a southbound left turn signal will be installed at the Airport Road and Schoenersville Road intersection. Mrs. Pudliner advised the Board that the opticom controller would be used by emergency personnel such as fire, ambulance, to change the control panel to green when they are in an emergency situation and need to move quickly. Mrs. Pudliner also noted that in accordance with the agreement with Hanover Township, Northampton County, the Township would seek 50% reimbursement with respect to the installations at the Airport Road and Schoenersville Road signal light.

There was a discussion relative to various signalized intersections in the Township and problems which Council felt existed at those intersections. It was noted that the Township Engineer should look into what can be done to secure PennDOT approval for changes at the following intersections:

1. Catasauqua Road and Pennsylvania Avenue – right turn off of Catasauqua Road onto Pennsylvania Avenue.

2. Airport Road and City Line Road – left hand turn going on Airport Road – opposing traffic has green light but should be red – also could have left hand turn going south.

3. Airport Road and Avenue A – left hand turn going south on Airport Road – left onto Avenue A. It was noted that possibly there is no stacking lane in place at the present time to accommodate this change.

Councilman Atkinson requested that Mr. Christman remind the Township Engineer that he should look at the sinkhole in the swale in front of the Honeywell facility in LVIP III. Mr. Atkinson noted there are two orange cones in the area. Councilman Atkinson also questioned Mr. Christman whether there is any further information on the Fuller swale situation. Mr. Christman indicated they have heard nothing as of this time.

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

1. Council should be advised that the brief of the Township, County and School District have been filed in the Airport Tax Appeal case. Attorney Eaton further noted that there has been no appeal taken from the Commonwealth Court decision in the Adams Outdoor Advertising case and therefore the decision by the Commonwealth Court stands. With respect to certain suggested changes to the Township ordinance, language with respect to the spacing between billboards, Attorney Eaton indicated that Council should speak with Attorney James Bartholomew who handled the case with respect to any such revisions. Attorney Eaton did note that there was a footnote in the Commonwealth Court decision that they had questioned the distance in the current Township ordinance. Councilman Atkinson felt that Council should get something from the Township Engineer as to the current location of the billboards and the spacing on Route 22 and at that point in time decide whether or not the Township’s ordinance should be revised and how it should be revised as same relates to the spacing between billboards.

4. Maintenance Report

5. Fire Company's Report

6. Code Enforcement Officer's Report

7. Building Inspector's Report

Vice Chairman Atkinson 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.

With respect to the Maintenance Report, it was noted that the manhole with respect to Pump Station No. 1 will need to be dug out and that a meeting was held with the contractor and the Township is currently waiting for them to dig it out. Councilman Atkinson questioned Mr. Christman as to why the manhole settled. Mr. Christman indicated that most likely there was a bad sub grade. With respect to the Code Enforcement Officers’ Reports, Councilman Kovacs commented that he noted that Mr. Yoder had introduced himself to the owners of the Yocco’s and Damon’s Restaurant. He also noted that Mr. Lemos had effectively handled a small fire that was started in Sherwood Park. Councilman Kovacs commended both of them for their actions. Councilman Atkinson also noted that Sherwood Park has been experiencing extreme littering, etc. The Township Manager indicated that she would be speaking with the head of the Code Enforcement Office. Since indications are that these occurrences are between the hours of 4:00 and 6:00 P.M., the Code Enforcement Office will have to stake out that area and when the individuals are in the park they are then in a position to call the State Police.

With respect to the Building Inspector’s Report, Vice Chairman Atkinson requested that the Township Manager speak to the Township’s Building Inspector to determine the status of the violations of Peskin Realty (Valley Plaza Shopping Center) to see if those issues have been resolved.

8. Treasurer's Report

Motion: ------- I move we accept the computer printouts dated November 18, 2003 for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

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

Unfinished Business:

1. Bill No. 2003-14, An Ordinance Amending Chapter 18, Part 8 of the Statutory Code of Hanover Township to Conform Standards of Wastewater Discharge into the Catasauqua Sewer District with Ordinances of the Borough of Catasauqua (Public Hearing).

Vice Chairman Atkinson opened the Public Hearing relative to Bill No. 2003-14. Attorney Eaton commented that the purpose of Bill No. 2003-14 is as a result of our sewer agreement with Catasauqua whereby we are required to conform our ordinance to their Wastewater Ordinance. The revisions which are part of Bill No. 2003-14 accomplish that purpose. In resolution of this matter, Council made the following motion:

Motion: ------- I move that Bill No. 2003-14, An Ordinance Amending Chapter 18, Part 8 of the Statutory Code of Hanover Township to Conform Standards of Wastewater Discharge into the Catasauqua Sewer District with Ordinances of the Borough of Catasauqua, be adopted as Ordinance 445.

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

2. Bill No. 2003-15, An Ordinance Amending Chapter 18, Part 7(B) of the Statutory Code of Hanover Township to Conform Disposal and Discharge on Industrial Waste Regulations Applicable to the Bethlehem Sewer District to Such Regulations of the City of Bethlehem (Public Hearing).

Vice Chairman Atkinson opened the Public Hearing relative to Bill No. 2003-15. The Township Attorney commented that the purpose of this Bill deals with the same issue as with the prior Bill No. 2003-14. However, Attorney Eaton noted that the amendments to the Catasauqua Sewer Ordinance were less voluminous. In the case of the City of Bethlehem, they had provided the Township with some 40 pages of their ordinance. Since we were unsure as to how much was changed we simply deleted the entire form of ordinance and adopted the new language. However, since the ordinance was written to the City of Bethlehem but some things were appropriate for the Township to be doing we made those necessary changes.

Mr. Thomas Keim, 1635 N. Halstead Street, questioned Vice Chairman Atkinson as to what these revisions are all about. Vice Chairman Atkinson indicated that by law you are only allowed a certain amount of certain levels in the sewer systems and some things are not allowed to be dumped at all. Basically, sewer treatment plants are regulated by the state and those regulations are passed down to the local level. It was noted that the sewer treatment plants do sampling and monitoring constantly to determine what is being placed in the system. Attorney Eaton commented that the City of Bethlehem ordinance deals with heavy duty things and permits that need to be acquired if you are an industrial user rather than a home owner. It was further noted that the Township has adopted the regulations with respect to all three sewer systems in the Township including the City of Allentown system. However, Attorney Eaton noted that the provisions of the Allentown ordinance have not changed. Vice Chairman Atkinson also commented that these types of revisions do not occur all the time. He also noted that certain standards apply differently to different municipalities and that there are different types of systems to process sewerage. He noted there are different ways that plants can be used to treat effluent. He also indicated that there are different rules because each sewer treatment plant facility can handle different levels of effluent of coming in. He further noted that there was a situation in the Township where there was a blockage of the sewer line somewhere east of Pennsylvania Avenue and Catasauqua Road intersection. The situation created a backup in the line and one of the Township residents who had an illegal hookup had sewage in the basement area of his home. There was an investigation. The City of Bethlehem claimed the problem was the Township’s and we indicated that the problem was not ours. That matter has yet to be resolved.

In resolution of this matter, Council made the following motion:

Motion: ------- I move that Bill No. 2003-15, An Ordinance Amending Chapter 18, Part 7(B) of the Statutory Code of Hanover Township to Conform Disposal and Discharge on Industrial Waste Regulations Applicable to the Bethlehem Sewer District to Such Regulations of the City of Bethlehem, be adopted as Ordinance No. 446.

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

New Business:

1. Resolution No. 2003-38, A Resolution Authorizing a Holiday Dinner for Recognition and Appreciation for Service Rendered (Vote)

The Township Clerk advised the Board that she could not locate the copies of Resolution No. 2003-38 at this time and accordingly Council tabled any action on this Resolution until a later date.

2. Resolution No. 2003-38, A Resolution Proclaiming “Dream Come True” Week in Hanover Township (Vote)

A discussion ensued with respect to Dream Come True. Councilman Kovacs noted that he will be representing the Township on RCN at the Westgate Mall at the Telethon to secure funds for the Dream Come True organization. Thomas Keim questioned the Board as to what the Township would be doing during Dream Come True Week. Chairman Atkinson indicated that other than adopting the resolution which will be presented to them at the time of the telethon and the fact that Mr. Kovacs would be there requesting support from Township constituents, the Township would be doing nothing else in that matter.

Councilman Kovacs commented that he had a nephew who had utilized Dream Come True and that he has been contributing to the organization for some 17 years. Mr. Keim commented that as he understands from this discussion the purpose of the telethon is to secure pledges for the organization and Councilman Kovacs confirmed that is the case.

In resolution of this matter, Council made the following motion:

Motion: ------- I move that Resolution 2003-38, A Resolution Proclaiming “Dream Come True” Week in Hanover Township, be adopted as presented.

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

3. Resolution No. 2003-39, Budget Transfers (Vote).

It was noted, in reviewing the Resolution that the word “encumbered” should be changed to “unencumbered”. There was a discussion as to whether or not the overage in the category of Planning & Zoning was caused by charges for the Airport Center, LLC, which were inappropriately charged to that account. If that is the case, it was noted that those charges should be removed and billed to the developer’s escrow. Attorney Eaton indicated that when those proceedings began it was made clear to the developer that all costs would be borne by the developer. The Township Manager advised that she would review the matter. In any event, in accordance with the provisions of the charter which states that a department cannot exceed the budgeted amount without a transfer being made after September into that department, the Board determined to adopt Resolution No. 2003-39.

Motion: ------- I move that Resolution 2003-38, A Resolution Proclaiming “Dream Come True” Week in Hanover Township, be adopted as presented.

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

Payment of the Bills:

Motion: ------- I move Council authorize payment of Voucher Nos. 9952-9962 (10/31/03 Prepaids), Voucher Nos. 9963-9971 (11/19/03 Prepaids), Voucher Nos. 9972-10030, BC/BS Wire Transfer (November), Payroll dated 10/24/03, Payroll dated 11/07/03, from the General Fund Account in the amount of $134,489.80; Voucher Nos. 1391- 1398, from the Capital Reserve Account in the amount of $24,341.39; Voucher Nos. 1151 (11/19/03 Prepaids); Voucher Nos. 1152-1156 from the Escrow Account in the amount of $21,112.75; Voucher Nos. 1380 (10/31/03 Prepaids), Voucher Nos. 1381 (11/19/03 Prepaids), Voucher Nos. 1382-1387 from the Water Account in the amount of $50,102.39; Voucher Nos. 2221- 2222 (10/31/03 Prepaids), Voucher Nos. 2223-2224 (11/19/03 Prepaids, Voucher Nos. 2225-2239 from the Sewer Account in the amount of $153,891.60 for a Grand Total Expenditure of $383,937.94.

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

Courtesy of the Floor:

Mr. Joseph Feskanin, 1680 N. Irving Street, brought to the Board’s attention his concern over the turn off lane on Postal Road and Airport Road making the exit to go onto the thruway. Councilwoman Hayden noted that is PennDOT’s intersection. Vice Chairman Atkinson noted that the Township has had concern over that for some time but the Township is bound by what the state will allow. To date, PennDOT has indicated that no such change would occur. Vice Chairman Atkinson also noted that area is only suppose to be a shoulder. Mr. Feskanin indicated that the traffic in that area at the peak travel hours makes for a congested situation and places people in jeopardy. Vice Chairman Atkinson advised that where the concrete median starts the Township had asked PennDOT to make a lane for turning right down there. That request had been submitted multiple times.

Mr. Thomas Keim questioned the prior discussion at the meeting with respect to the spacing of billboards. Vice Chairman Atkinson advised that the Township’s ordinance currently says that the spacing is 4,000 feet. However, Mr. Atkinson noted that the billboards had been in place on 22 for a long time and the current billboards are grandfathered.

Vice Chairman Atkinson indicated that the situation of Agere buying the land where two billboards had been located created an issue. There was one substitute put in place and then a second one was requested. The second request was denied and was appealed to the Commonwealth Court. As noted previously, the outdoor advertising company lost that appeal in the Commonwealth Court. With respect to a notation in the reports about the old Sportsmen’s Club, Mr. Keim questioned where this was located. He was advised that this was the county park adjacent to the Township’s Canal Park. However, the county deeded that land to include the open area, the Catasauqua Lake, and the old Sportsmen’s Club to the Township for a $1.00 consideration. With respect to plans for the building, upon questioning by Mr. Keim, Council advised that the intent of the Township is to use same for maintenance storage. Mr. Keim questioned the ownership of the house located next to the building and Vice Chairman Atkinson advised that is in private ownership and the owner does have perpetual access through the park area since PennDOT cut off their access from the roadway.

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:40 P.M.

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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