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Township Meeting - Minutes

HANOVER TOWNSHIP, LEHIGH COUNTY
REGULAR COUNCIL MEETING

May 18, 2005
7:30 P.M.

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

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

Attendance: ---------- 14

Courtesy of the Floor:

Mr. Cliff Muthard of 2798 MaryAnn Way approached the Board at this time. Mr. Muthard advised that he has been experiencing a continuing problem with garbage accumulation in his yard including condoms, beer bottles, etc. and also that there have been kids in his yard in the late evening hours. Mr. Muthard indicated that he had called the Township but could not get in touch with anyone. The Township Attorney noted that the Township does not have a police department. Attorney Eaton further stated that with regard to Mr. Muthard particular problems residents have the state police and should contact them. Attorney Eaton further noted that the Township Code Enforcement Officers do not have arrest power and additionally do not have the authority to stop anyone. Mr. Muthard further noted that there are individuals congregating in the mailbox area at 2:00 A.M. Councilman Atkinson questioned Mr. Muthard as to whether or not he has contacted the state police. Mr. Muthard advised that he had done so a couple of times, but by the time they responded, the individuals were gone. Chairman Paulus commented that one of the Township Code Enforcement Officers, Robin Yoder, was present at the meeting and that Mr. Yoder is usually on duty around 2:00 A.M. Mr. Yoder commented that the Code Enforcement Officers could be likened to a paid crime watch. Councilman Kovacs commented that the Code Enforcement Officers can issue citations for parking violations, illegal parking, parking in handicap parking spaces, etc. Robin Yoder noted that the Code Enforcement Officers also can keep the people out of the Township’s parks. Councilman Kovacs noted that Mr. Yoder is one of the busiest Code Enforcement Officers and that if you look at his monthly report one-half to three-quarters of his time is spent chasing people out of the Township’s parks. Additionally, Mr. Yoder can, if he sees illegal action going on, contact the State Police by phone. Mr. Muthard questioned whether or not the Code Enforcement Officers can detain individuals and the Township Attorney advised Mr. Muthard to speak to his attorney. Further, Attorney Eaton noted that the Township has made a decision not to have a paid police force largely due to the small Township population. Chairman Paulus noted that the Township’s Code Enforcement Officers would keep an eye out for the problems outlined by Mr. Muthard. Mr. Muthard noted that ever since HUD people have come to the development there’s been more trouble. Councilwoman Hayden commented that if Mr. Muthard knew where they lived, the State Police could be called. Additionally, Mrs. Hayden noted that if you could mark down the name of the landlord, she would see what the Homeowner’s Association could do.

Mr. George Warren of 2760 Maryann Way approached the Board and commented that he does believe that the Code Enforcement Officers do a good job. With respect to the townhouse development, Mr. Warren noted that 90% of the kids are good kids and 10% are bad. Mr. Warren felt that the Township could be stricter when it comes to rental properties. He felt a Certificate of Occupancy should be issued. The Township Attorney noted that as far as meeting the BOCA Code standards if the Township wishes to expand its current inspection process for residential it can do so. He further advised that the City of Allentown within the last year or two developed a new ordinance with regard to rental properties. Attorney Eaton indicated he did not know all the particulars of this legislation, but he thought the responsibility could be placed on the landlord and that a fine could be applied. Mr. Warren noted that he is aware of two individuals coming in and buying up homes for cash. Mr. Warren asked the Township to look into this matter and noted he felt the Township could play a big part in monitoring the rental properties. Attorney Eaton reiterated that presently the Township’s inspection ordinance is limited to commercial properties. Councilman Atkinson commented that currently the Township is limited with respect to citing individuals for property maintenance in matters involving weeds, rubbish or situations dangerous to the public safety. He felt the Township could go in, if necessary, and do the work, bill the property owner and then lien the property.

Mrs. Linda Pursell of 2788 Maryann Way approached the Board at this time. Mrs. Pursell brought to the Board’s attention a situation involving the property directly across from her home where she believed a renter was involved in drug activities. Mrs. Pursell noted that although she has attempted to contact the State Police when these activities were occurring, by the time they arrived, the individuals were gone. Mrs. Pursell also felt that the Township should look into reinstating the Township’s Recreation Program since there are more young children in the development than there were years ago.

Mr. Scott Biery of 2796 Maryann Way approached the Board and reiterated Mrs. Pursell’s complaints with respect to drug activity. Mr. Biery also indicated that there had been an assault near his property. Additionally, Mr. Biery told the Board that he was fed up with the garbage thrown in his yard. The Township Attorney advised that with respect to the garbage situation he could talk to the Township Manager, but with respect to the assault, he would need to contact the State Police. Robin Yoder noted that if they could secure the license plate numbers of the vehicles involved in the drug activities and give those to the State Police they could run the numbers.

Chairman Paulus commented that the Township Manager and he would talk to the Captain of the State Police. He indicated that the Township would try to set up a meeting with the State Police and the residents of the townhouse development at the Municipal Building to discuss all these matters.

Ms. Joyce Feyock of 2794 Maryann Way approached the Board at this time. Mrs. Feyock confirmed the drug activities going on at the location referenced by Mrs. Pursell. She noted that before the family that is currently living there, there was another family selling drugs and she believes that the family before that was also selling drugs. However, Ms. Feyock noted that nothing has been done over the years. She also noted that years ago they had asked the Township to look into a curfew, but that nothing was done in that regard. Attorney Eaton commented that the State Police will not enforce a municipal ordinance. Any ordinance for a curfew by the Township would need to be enforced by the Township. Attorney Eaton further noted that to some degree he would liken the Code Enforcement Officers to a crime watch. He noted they have no enforcement authority and cannot interfere in criminal-type matters. They are limited to the issuance of citations. Councilman Kovacs commented the Township would do whatever can be done to help with these problems. He further noted that the Homeowner’s Association through Councilwoman Hayden and the Township Manager will do everything they can to enforce the Homeowner’s Association laws and the Township Ordinances.

Mr. Skip Keim of 1635 N. Halstead Street approached the Board at this time. He advised all in attendance that the Allendale Apartments area had some serious problems with crime and that one person cannot make a difference but that people need to get together. Mr. Keim said the first thing you need is anger and that when people are angry enough and get together you can have a lot of success just as has been experienced at the Allendale Apartments. It was noted that years ago Chestnut Grove had a crime watch. Mr. Keim advised that the Allendale Apartments Crime Watch is in the process of cleaning up and involving the youth in the neighborhood. They have had the state police come and talk to the youth and he noted that a Trooper Allen had been instrumental in assisting them. He indicated that there is a crime watch meeting set up for Saturday at 2:00 P.M. at Allendale. He noted that if they desire they could move the meeting up to the Chestnut Grove Area. Mr. Keim indicated that if some individuals are coming in there and buying up all the homes how many would they have to buy to be considered a commercial entity. Attorney Eaton felt that the current ordinances of the Township in terms of zoning the property residential would apply. He noted there is no restriction of home ownership in the Township. Mr. Keim noted that as far as HUD is concerned don’t they need a business license. Councilman Atkinson commented that it is no different than the HUD units at Allendale Apartments. Mr. Keim further questioned whether or not the Township issues a permit for the moving and relocating of grave sites in the Township. It was noted that the Township does not issue such a permit and that possibly talking to the Lehigh County Coroner’s office could be of some assistance. It appeared that there may be an issue of grave relocation at Woodlawn Memorial Park, but that the Township has not been contacted for any permitting process. The Township Manager noted that one individual did stop in at the Township office inquiring about the prior subdivision of the property and was advised that quite some time ago, a parcel of the cemetery property had been subdivided for a commercial use. However, at that point in time, it was indicated that all the grave sites in the area would remain where they were currently located. The Township Manager also indicated that the rezoning of the property in the Township was also rezoned in the City of Allentown to accommodate a commercial use.

Ms. Feyock questioned what the Township could do with respect to the purchase of large amount of properties in the townhouse development. Attorney Eaton noted that he would have to look up the Zoning Ordinance with respect to the levels of residential density. The Township Engineer commented that he knows of a developer who built a large development and retained 50% of the units and was renting them out.

Approval of Minutes: ---------- May 4, 2005, Special Council Meeting
-------------------------------- May 4, 2005, Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the May 4, 2005, Special 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

1. The Township Manager advised that she has provided the Board with a copy of correspondence from the City of Bethlehem, which indicates that the F. L. Smyth drainage swale will be restored to the grades in accordance with the originally-approved plans. As Council will recall, this is the area where a volleyball court had been put in place.

2. The Township Manager advised the Board that she has provided them with correspondence relative to a request from RCN proposing the Township adopt an ordinance to require all easements for cable TV to be granted on a nonexclusive basis. The Township Manager indicated that in accordance with the Township Attorney’s letter, she in conjunction with the Township Attorney, were of the opinion that the Township take no action with respect to this matter at this time. Councilman Atkinson questioned whether or not Allendale Apartments has an exclusive agreement with RCN and the Manager of the Allendale Apartments, Catherine Jennette, who was present at the meeting, indicated that they do.
2. Frederick W. Hay, P.E.
Township Engineer

1. The Township Engineer advised the Board that he had nothing to report on at this time. Councilman Atkinson questioned whether or not we heard anything from the Army Corp. of Engineers and Mr. Hay advised that they have heard nothing as of this time.

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

1.) The Township Attorney advised the Board that he had nothing to report on at this time.

4. Maintenance Report

4. Maintenance Report

5. Fire Company Report

6. Code Enforcement Officers' Report

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 Report and same were noted for the record.

Councilman Atkinson commented that there were a lot of fire calls involving automatic alarms. With respect to the Code Enforcement Officers’ Reports, Councilman Dreisbach commented that he felt that the Code Enforcement Officers did a good job. He felt the Code Enforcement Officers were instrumental in preventing things from happening and he personally thanks them for their efforts. Councilman Dreisbach also felt that now that the Township and the Code Enforcement Officers are aware of the problems in Chestnut Grove they will make an effort to patrol the area more heavily.

Mr. George Warren brought to the Board’s attention a problem he felt existed at the Pocono Downs facility with respect to the parking and exceeding capacity inside the building. He felt the Township should go after them. Robin Yoder commented when the Kentucky Derby was held at Pocono Downs, another Code Enforcement Officer was on duty but that there were no problems with parking by the fire hydrants or in the fire lanes. He also noted that they had parked cars on adjacent properties. There was considerable discussion with respect to monitoring capacity in buildings. It was noted that the Township’s Building Inspector and Fire Marshall had authority in that regard. Attorney Eaton noted that he would check on the legal ability of the Township to monitor the occupancy at The Downs facility. Mr. Yoder commented that with respect to The Downs facility there is not only one means of ingress and egress and that there are quite a few fire exits in the building. The Township Attorney commented that if residents have problems involving a violation of a Township Ordinance, they should speak to the Township Manager first and she may handle the matter personally or direct the matter to the Code Enforcement Officers or other staff to resolve the problems.

8. Treasurer's Report

Motion: --- I move we accept the computer printouts dated May 18, 2005, 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, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ------- Unan.

Unfinished Business: NONE
New Business:

1. Bill No. 2005-04, An Ordinance Authorizing Hanover Township, Lehigh County to Participate as a Member in the Invest Program for Local Governments of the State Treasurer of Pennsylvania for the Purpose of Purchasing and Redeeming Shares of Invest (Introduce).

Bill No. 2005-04 was introduced at this time with a Public Hearing on same to be held on Wednesday, June 1, 2005, at 7:30 P.M.

2. Resolution No. 2005-28, A Resolution Authorizing and Approving an Intergovernmental Cooperation Agreement Between Hanover Township, Lehigh County and the State Treasurer (Vote).

The Township Manager advised the Board that Resolution No. 2005-28 should be tabled at this time until Bill No. 2005-04 is adopted. Accordingly, Resolution No. 2005-28 was tabled.
 
Payment of Bills:
 
Motion: ------- I move Council authorize payment of Voucher Nos. 11103-11106 (Prepaids), Voucher Nos. 11107-11151; Payroll dated 04/22/05, BC/BS (May), BC/BS (June), from the General Fund Account in the amount of $72,862.49; Voucher Nos. 1545-1553 from the Capital Reserve Account in the amount of $9,899.19; Voucher Nos. 1260-1267 (Prepaids); Voucher Nos. 1268-1272 from the Escrow Account in the amount of $17,425.25; Voucher Nos. 1533-1540 from the Water Account in the amount of $2,426.95; Voucher Nos. 2513-2526 (Prepaids); Voucher Nos. 2527-2537 from the Sewer Account in the amount of $155,099.27 for a Grand Total Expenditure of $257,713.15.
Paulus, Kovacs: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus:------- Aye ------- Unan

Courtesy of the Floor: NONE

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

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager
Hanover Twp. - Lehigh Cty. - Seal
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