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

Absent: ------------------ Frederick W. Hay, P.E.

Courtesy of the Floor: ---------- None

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

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

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

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager advised the Board that she has provided them with, various, information relative to the upcoming PSATS Convention.

2. As Council will recall, there was a discussion at a prior Council meeting relative to the closing of Willowbrook Road as noted in Robin Yoder, Township Code Enforcement Officer’s Report. After speaking with Mr. Yoder, I have determined that the reason for the road closing was at the request of the State Police who had contacted Lehigh County 911 and requested that the Township close the road due to two accidents, which had occurred as a result of icy conditions. Council noted that the concern they had, was that the road had been closed by a Code Enforcement Office but it is apparent now that the Township’s Fire Department closed the road at the request of Lehigh County.

3. The Township Manager advised the Board that she has provided them with information secured from the Township’s Tax Collector as same relates to the bankruptcy of the Sure Fit facility located in the Township.

4. As Council will recall, a discussion occurred at a prior meeting with respect to the Board reviewing the resolutions before PSATS at the upcoming convention. Council has been provided with a copy of those resolutions.

At this point in time, the Board proceeded to review the resolutions, which will be acted upon at the State Convention. There was a discussion with respect to the resolution to see legislation to prohibit slot machines at off-track wagering facilities. This resolution was supported by PSATS. Chairman Paulus commented that this would prohibit slots at off-track betting facilities. The Township Attorney noted that they are not allowed there now. He further indicated that there is one proposal before the legislature to allow the slots at the track and to allow three or four off-track sites at specified locations. Council entered into a discussion that there would be issues if the off-track betting facilities in the Township secured slot machines. They felt that there would be parking issues, crime issues, and noted that there was no room for further expansion of the existing facility. The Township Manager commented that as far as the “use” was concerned the slot machines would simply be accessory to the principal use. The Township Attorney noted that the ordinance calculates parking spaces by square footage of the facility not by the type of activities going on therein.

It was noted that there is a resolution to amend the Second Class Code to increase the required advertising and bidding limits from the current $10,000 to $20,000. This resolution is supported by PSATS. The Township Manager commented that the only reason she brought that to the Board’s attention is that even though we do not follow the Second Class Township Code, she thought that the Board should be apprised of same for information purposes. As everyone is aware, the Township Manager indicated the Township is a Home Rule Charter form of government and does not follow the Second Class Township Code.

With respect to the proposed resolution opposing the disbursement of local earned income tax revenue to the municipality where the employee works as opposed to the where the employee lives, it was noted that PSATS opposes this change. The Hanover Township Council agreed with PSATS’ position.

With respect to the resolution which notes that PSATS seeks legislation to require the commonwealth to disburse local earned income tax deducted from its employee’s wages to the employee’s place of residence as required by the Local Tax Enabling Act (Act 511 of 1965), the Township Attorney advised the Board that he would look into that matter. It was noted that PSATS supports this resolution.

With respect to the resolution, which requested that PSATS support the elimination of the property tax for school districts and replace the lost revenue with an increased state personal income tax, it was noted that PSATS opposes this resolution. Council noted their concerns that if the state would have control monies could largely go to areas like Philadelphia and Pittsburgh. Council indicated that they agree with PSATS’ opposition to this resolution.

With respect to the resolution supported by PSATS that noted that PSATS seek legislation to require utilities to remove facilities from rights-of-way within five weeks of notification or face daily fines and further that any utility completing the removal of their facilities must provide notice within 24 hours to any other utility and the municipalities where the rights-of-way are located, the Township Manager advised the Board that the Township Engineer had called PSATS regarding this resolution and was waiting to hear from them as same relates to an explanation.

With respect to the resolution opposed by PSATS that PSATS seek legislation to amend the retention and disposition schedule for records of Pennsylvania to reduce the number of years that bills and invoices must be retained from the current seven years to five years, Council discussed same and determined that they agree with PSATS opposition. The Township Attorney noted that IRS audits go back seven years.

Council in further review acknowledged that they also support the resolution which notes that PSATS seeks legislation to amend the Right to Know Law to allow municipalities to charge a reasonable fee for the cost of the labor necessary to search, gather and prepare records.

With respect to the resolution that PSATS oppose any legislation that would authorize a county planning commission to reverse the zoning decisions made by municipalities, Council noted that PSATS supports that resolution and the Hanover Township Council agreed with same.

With respect to the resolution supported by PSATS relative to PSATS seeking legislation to amend Section 9511 (G) of Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes to increase the $2,500 per mile yearly maintenance reimbursement on turn back roads, the Hanover Township Council also agreed with PSATS’ position.

With respect to the resolution that PSATS seek legislation to amend the Local Tax Enabling Act to restore the ability of a political subdivision to levy an annual sign tax which eliminated by Act 50 of 1998, it was noted by Council that the Township’s Large Sign Permit was a permit and not a tax and would not be affected by same.

With respect to the resolution that PSATS seek legislation to require the state legislature to provide municipalities with replacement revenues for revenues lost by the legislative elimination of a tax or taxes imposed by a municipality, Council discussed same and it was determined that the Township’s Business Privilege Tax is a grandfathered tax and was not affected by this proposed resolution.

With respect to the resolution that PSATS supports local tax reform legislation that: 1. Maintains that municipality taxes may only be levied by the municipal governing body that will use the taxes to fund municipal services and obligations, and 2) requires all tax revenues collected from the citizens of a municipality to be returned to that municipality if a county or regional tax collection is included, it was noted that this resolution simply permits the Township to do what we currently do under Home Rule.

Council acknowledged that they support the resolution also supported by PSATS, which seeks legislation to amend Section 702 of the Township Code to authorize townships to annually appropriate township funds, to recognize township employees and township committee members for their service to the township (i.e. recognition dinner or a party, flowers, plaque, etc.).

With respect to the resolution that PSATS seek legislation to require insurance carriers within Pennsylvania to include township supervisors in group health plans, disability plans, and pension plans regardless of the actual hours worked within any given week, it was noted by Council that this applies to township supervisors in Second Class Townships and not to the township’s Home Rule form of government.

At this point in the meeting, it was noted by Councilwoman Hayden that in response to correspondence from the Township Manager, a property owner in Chestnut Grove with a garbage problem has cleaned up his property. Councilman Kovacs noted that the trees are dying in the back of the shopping center and that the Township Manager should advise the owner of the shopping center with respect to same. Chairman Paulus advised the Board that the Public Works Director had discussed with him a fatality, which occurred on Canal Road. As a result of the accident, the Township storage building was again hit and this time the roof area was damaged. PennDOT came down the same day and installed a guardrail right in front of our building. Chairman Paulus also noted that the Township Manager and he had met with representatives from Lafayette College with respect to a survey, which is being conducted on Intermunicipal cooperation. During the course of the discussion, Chairman Paulus advised that he had mentioned the situation with the Township’s Lock, which needs to be restored down at the Canal Park area. They have indicated that they would look into whether or not they could be of some assistance in that regard. Councilman Atkinson questioned how many trees have been taken down at Canal Park and requested the Township Manager ask the Public Works Director.

There was also some discussion with respect to PennDOT surveying in the area of the 22- bridge. There was discussion with respect to the status of the company, which contacted the Township with respect to taking over the maintenance of the Township street lights. The Township Manager advised that a meeting had been held and there would be savings if the Township chose to go that way. However, initially the Township must purchase all the lights from PPL and the cost associated with that is unknown at this time. Councilman Atkinson expressed his concern that we are looking at apples for apples. He noted that our streetlights are freestanding and not the mast arm lights, which you can find on power poles.

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

The Township Engineer was not present at the meeting and no report was offered at this time.

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

1. Council should be advised that the Airport Authority has filed a Request for an Appeal with the Supreme Court with respect to the Tax Assessment Appeals case. We are waiting to see if the Supreme Court will respond. Additionally, the taxing authorities are filing a reply in opposition to this appeal next week.

2. Council should be advised that there is going be an amendment to the present portion of the code adopting the BOCA Code. We will now conform to the new state requirement for the Uniform Construction Code. That amendment should be available for Council to review at the next Council meeting.

3. As far as the issue involving the road closing, as previously noted, since Willowbrook Road was closed by the fire company as a result of the request of Lehigh County there are no issues with that. There would be more complex issues if a Code Enforcement Officer had done so. The Township Attorney indicated that he has prepared a memo and that there are many issues that the Board has to consider.

Councilman Atkinson initiated a discussion with respect to the fact that the Catasauqua School District is looking to an organization know as Portnoff for collection of delinquent taxes on a one year accelerated collection basis. He questioned the Township Attorney that if they go to a one-year cycle, what happens to the three-year tax cycle currently utilized by the county? The Township Attorney commented that when a property is sold, at the tax sale, the proceeds are divided. It was noted that there is no priority among the various taxing entities. The school district, the county, and municipality have taxes. The Township Attorney noted that there is a lien on the property and if there would be a tax sale there still would be a way to check to see what taxes are owed on the property. The Township Attorney felt that the only thing that would happen is that it would move up the Township’s payment. The Township Clerk commented that all the taxing authorities are on the same cycle and that they all close as of December 31 of a given year. With respect to this issue, the Township Attorney indicated that he would look into the matter more thoroughly and report back to the Board.

Unfinished Business: None

New Business:

1. Resolution No. 2004-27, A Resolution Appointing Mary Ferenchak to the Hanover Township Library Board (Vote)

Motion: ---I move that Resolution No. 2204-27, A Resolution Appointing Mary Ferenchak to the Hanover Township Library Board, be adopted as presented.

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

2. Resolution No. 2004-28, A Resolution Accepting Dedication of Hayden Circle in Hanover Township, Lehigh County (Vote)

It was noted that the description to be attached to this resolution has not as yet been prepared and accordingly the Township Attorney requested that this item be tabled at this time.

Courtesy of the Floor:

Mr. Joseph Feskanin of 1680 North Irving Street, questioned the resurfacing of a portion of Marcon Blvd. in the area getting close to Irving Street in front of Braun. The Township Manager advised that she would have to look into that matter. Mr. Feskanin also commented that he appreciated the enlightment of the relationship between the state and township governments. Mr. Feskanin also questioned the Board, the Township Manager, and Township Attorney as to whether or not there has been any communication from Airport Center, LLC. Mr. Feskanin was advised that as of this date there has been no further communication.

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:25 P.M.

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

 

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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