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Township Meeting - Minutes

HANOVER TOWNSHIP, LEHIGH COUNTY
REGULAR COUNCIL MEETING

July 19, 2006
7:30 P.M.

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

-------------------- Councilwoman Hayden participated in the meeting via telephone.

Absent: Frederick P. Haye, P.E.

Courtesy of the Floor: None

Approval of Minutes: ------ July 5, 2006 Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the June 5, 2006, Regular Council Meeting and accept same as amended.

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

Reports:

1. Sandra A. Pudliner
Township Manager
1.) The Township Manager advised Council that she has provided them with a copy of a Memorandum sent to all Code Enforcement Officers relative to an incident, which occurred on Tuesday, July 11, 2006 where as a result thereof Canal Park had been totally trashed. However, it appears that the Code Enforcement officers were unaware of the situation and the Memo suggests that they will have to monitor the park more thoroughly and walk the park areas not just view the park from the car. The Township Manager noted that she has spoken to the head of the Code Enforcement Officers’ Department regarding this matter. Councilman Dreisbach expressed concern with respect to patrolling of Canal Park due to the fact that the park is so isolated. The Township Attorney noted that this function could be considered that of a watchman. If a problem is noted, the Code Enforcement Officers can phone the situation into the state police and have them take further action).

2.) Council has been provided with a copy of the upcoming Zoning Hearing Board hearing of New Pro II, Inc. This matter relates to a 1.19 acre tract adjacent to the tract for which New Pro has already sought relief before the Zoning Hearing Board for the expansion of a nonconforming use. This tract is being added to the existing tract and must go through the process with respect to the zoning issues. The Township Manager advised that the Hanover Township Planning Commission has already reviewed the Special Exception Use Request and made a recommendation to the Zoning Hearing Board that same be granted.

3.) Council has been provided with a copy of an incident report with respect to a resident on Pennsylvania Avenue. The incident report filed by a Code Enforcement Officer will be discussed in a short Executive Session after this meeting.

4.) Council has been provided with a copy of an incident report with respect to a resident on Pennsylvania Avenue. The incident report filed by a Code Enforcement Officer will be discussed in a short Executive Session after this meeting.

5.) The Township Manager advised the Board that the Township has been in receipt of a request for an Intermunicipal Liquor License Transfer. The entity in question is a restaurant known as On The Border, which is intended to be built in the proposed shopping center on Airport Road. The applicant has requested a Special Meeting on Wednesday, August 2, 2006 at 7:00 P.M. Council discussed the matter and determined that the Township Manager should schedule the meeting for the requested date.

2. Ryan Christman

The Township Engineer was not in attendance at the meeting and Mr. Christman of his office appeared on his behalf.

1.) Mr. Christman advised Council that shields have been placed on the traffic signal lights at Airport and Schoenersville Roads.

2.) Councilman Atkinson questioned Mr. Christman with respect to the manhole covers on Marcon Blvd. Mr. Christman indicated that he checked the situation the next day and did not see a problem. He also noted that he did not feel there was a problem with respect to roughness of the roadway. Councilman Kovacs commented that he also felt the road had a washboard affect. Councilman Atkinson still indicated that he felt there was a problem with the manhole covers on Marcon Blvd. around the curve and near the Sure Fit facility. Mr. Christman advised that he would check them out one more time and Councilman Atkinson noted that he thought that there were three manhole covers that were a problem..

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

1.) The Township Attorney advised the Board that he has provided them with a copy of an Addendum to Proposed Settlement Agreement as same relates to the Tax Assessment Appeals matter involving the Lehigh-Northampton Airport Authority. Attorney Eaton noted that the Agreement only involves the County and the Township and that he would request that the Board make a motion to approve same.

Motion: --- I move that Hanover Township, Lehigh County, approves the execution of the Settlement Agreement in the matter of Lehigh-Northampton Airport Authority versus Lehigh County Board of Assessment Appeals, et al., numbers 199-C-2931, 2932, 2933, 2935, 2937, 2938, 2940 and 2942 (the “Appeals”).

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

4. Maintenance Report (Written)

5. Fire Company Report (Written)

6. Code Enforcement Officers' Reports (Written)

7. Building Inspector's Report (Written)

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.

Councilman Atkinson questioned a notation on the Maintenance Report regarding a property on Barness Drive which was in violation of the Township’s Weed Ordinance and which the Township Personnel had cut the grass since the owner could not be located. The Township Clerk and Township Manager advised Mr. Atkinson that somebody is up there now. It was noted that the property had been cut off from water and sewer due to nonpayment. It appears that the property is being put in order, possibly for sale.

There was a discussion with respect to the flooding of the Canal Park property recently. Councilman Atkinson felt that possibly the Township should check on the PennDOT drainage in the area to see if that had been the cause of the flooding. It was noted that it appears that the water had been coming from the Canal bed and that the Public Works Department should be contacted for further discussion

There was discussion with respect to notations in the Code Enforcement Officers’ Reports regarding the baseball teams at Sherwood Park on two separate occasions being asked to leave the park after dark. It was noted that they were drinking beer and were somewhat uncooperative. The two dates in question were June 13 and June 29. The Township Manager was directed to check with the Township Secretary/Bookkeeper to determine the usage of the park at that time. Councilman Atkinson felt that language should be put in the agreement that violators should be blackballed from utilizing the ballfield.

With respect to Canal Park, there was a discussion regarding the excessive entry into the park property after dusk. Councilman Dreisbach noted that fishermen were removed from the park at 1:45 A.M. There was a discussion on how the Township could go about ticketing cars in the park. There was a discussion with respect to chaining the park entrance with a big ball chain. The Township Attorney noted that there is a motion sensor that could be utilized which is pressure sensitive and would alert the Code Enforcement Officers of entry into the parking lot area. The Township Attorney advised that he would look into the parking regulations and make any necessary amendments to provide for no parking in the Canal Park parking lot. Councilman Atkinson suggested posting signs that the park closes at dusk at the entrance to the parking lot and the entrance to the restrooms.

Councilman Kovacs inquired whether or not a determination had been made of the weed violation and the ownership of either BJs or Mesko Glass. The Township Manager advised that BJs had cut the property in question. Councilman Atkinson noted a situation, which had occurred at the fireworks tent located at Airport and Lloyd. It is noted in the Code Enforcement Officers Report that the owner of the tent had indicated that individuals could use the fireworks as long as they were 50 feet away from the tent and that he had a permit, which allowed that. The Township Attorney noted that was not the case and that language should be put on the permits that indicate that the permits will be revoked for violations.

There was a discussion initiated by Councilman Atkinson with respect to the Code Enforcement Officers finding cold bottles of beer in Sherwood Park. He questioned whether the state police are patrolling the area. He felt that there was a linkage between the Carmike facility, the shopping center and the park and that we should attempt to break that connection. The Township Manager advised that the State Police Captain had indicated that they would patrol the Sherwood Park area at her request. Upon questioning, the Township Manager advised that the Mike’s Deli sign which was located on Fashion Drive has been taken down and that the issue involving garbage at the Better Living facility on Race Street no longer exists since that facility has been vacated.

8. Treasurer's Report (Written)
Motion: --- I move we accept the computer printouts dated July 19, 2006, for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

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

Unfinished Business: None

New Business

1.) Resolution No. 2006-27, A Resolution Rescinding Resolution No. 2006-26, Designating a Reserved Handicapped Parking Space (Vote).

Motion: --- I move that Resolution No. 2006-27, A Resolution Rescinding Resolution No. 2006-26, designating a Reserved Handicapped Space, be adopted as presented.

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

Councilman Atkinson questioned the Township Attorney as to whether or not there was an easier way to handle these types of situations. The Township Attorney noted that something could be put in the Ordinance or Resolution. The Township Attorney will determine the best way to handle this matter and report back to the Board regarding same.

Payment of the Bills:

Motion: ------- I move Council authorize payment of Voucher Nos. 11930-11932 (7/19/06 Prepaids), Voucher Nos. 11933-11987; Payroll dated 6/30/06, Payroll dated 7/14/06 from the General Fund Account in the amount of $309,780.08; Voucher Nos. 1664 (7/19/06 Prepaids), Voucher Nos. 1665-1674 from the Capital Reserve Account in the amount of $333,488.20; Voucher Nos. 1449-1452 (6/30/06 EOM Prepaids), Voucher Nos. 1453-1468 (7/19/06 Prepaids), Voucher Nos. 1469-1473 from the Escrow Account in the amount of $40,441.50; Voucher Nos. 1657-1666 from the Water Account in the amount of $1,918.34; Voucher Nos. 2707 (7/19/06 Prepaids); Voucher Nos. 2708-2724 from the Sewer Account in the amount of $63,755.70 for a Grand Total Expenditure of $749,383.82.

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

It was noted for the record that the bill list contained large transfer amounts not expenditures.

Courtesy of the Floor:

Chairman Paulus advised all in attendance that the Township Manager, all Township employees and he had attended a class with respect to the defibrillator. All in attendance are now trained with respect to CPR and AED.

Mr. Joseph Feskanin, 1680 N. Irving Street, approached the Board as to whether or not any decision has been made with respect to the Township allocating some money for the improvement of the Allendale swale area as had been requested by the developer. Chairman Paulus advised that no conclusion has been made. He indicated the Township Engineer discussed the matter with the Board, but no conclusion had been reached. Mr. Feskanin commented that he had an opportunity to review the Township Engineer’s letter with respect to the proposed shopping center development and thought that the Township Engineer did an outstanding technical job. He felt that the review of the plans submitted was very detailed.

With respect to the issue of the Township contributing to the improvements of the Allendale swale issue, Chairman Paulus questioned Mr. Feskanin as to his position as to whether or not the Township should contribute monies. Mr. Feskanin commented that at first glance it might appear that the Township is assisting the developer, but in his view, he felt he would have no objection to the Township doing so. Mr. Feskanin felt that looking at the flood plain conditions, he thought that there should be some cooperative effort since it would be in the best interest for the entire Township and thought that the situation is a matter of safety. Mr. Feskanin also questioned the ownership of a rectangular section of property located right at the pipe. Mr. Christman indicated he would have to look at the plans to make any determination.

Adjournment:

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

Paulus: Moved

Respectfully submitted,

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