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

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

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

Courtesy of the Floor: None

Approval of Minutes: ---------- April 7, 2004 Regular Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the Regular Council Meeting of April 7, 2004 and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager advised the Board that she has provided them with a copy of correspondence regarding the lawsuit instituted against the Township and other parties by Vicky Olsen. As Council will note, in reviewing the correspondence, it appears the Township will be removed from this suit in the near future since the accident did not occur in the Township.

2. Council has been provided with correspondence from Waste Management with respect to a proposal by the Governor, which would create a situation where there would be a $5.00 more per ton tax on the disposal of municipal solid waste and an additional $4.00 per ton tax on the disposal of residual waste. Waste Management has asked that correspondence be sent to the Governor and the state elected officials expressing concern over the excessive tax and spend program.

Council discussed the issue but determined not to take any action at this time.

3. The Township Manager also advised the Board that correspondence has been received confirming the $30,000 grant, which the Township will receive through the efforts of State Representative T. J. Rooney. As Council will recall, these grant monies will be utilized toward the permanent restroom facilities, which will be constructed in Canal Park.

Councilman Kovacs questioned the status of the grant money that Senator Boscola had indicated would be forthcoming to the Township some time ago. The Township Manager advised that in researching that matter she has discovered that grant application had been denied. Councilman Kovacs also indicated that as a result of his attendance at the PSATS Convention he has been made aware of PSATS’ creation of a Hall of Fame for elected officials who have been serving their community for a period of over 24 years. Councilman Kovacs felt that Councilwoman Hayden should be submitted for consideration due to her extensive years of service for the Township. The Township Manager noted that she would contact PSATS to secure the details involved in this new process.

Councilman Atkinson advised the Township Manager that he had an opportunity to view the new landscaping at Canal Park. He expressed his concern over two dwarf lilacs which he felt were too close to the walkway and asked that the Township Manager advise the Public Works Director to look at that situation. Mr. Atkinson also noted that on the west side of the lake following the towpath halfway up the lake there is a log hanging in one of the trees which he felt could fall at any time and could be a safety issue. Councilman Atkinson requested the Township Manager to have the Public Works Department look at that situation. Councilwoman Hayden requested that the storm drains in the Chestnut Grove Towne Garden Development should be cleaned.

2. Ryan Christman
Township Engineer

1. The Township Engineer advised the Board that the sinkhole on Hoover Avenue will be repaired tomorrow.

2. With respect to the 2004 Road Program, the Township Engineer noted that his office is working on the plans and specifications and hopes to wrap that up by the end of next week.

Councilman Atkinson questioned the Township Engineer as to when Breneman will be coming back out to check out the bump at the intersection at Taft Street and Clarence. Councilman Atkinson also questioned the status of replacing the electrical gas unit, which is located at the intersection of Catasauqua Rd. and Troxell Street. Councilman Williams expressed his opinion that the curbs have not been completely sealed as same relates to the Troxell St. repaving project. He noted that there is a problem at the bottom of some of the driveways. Mr. Christman advised that he would pass this information along.

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

1. The Township Attorney advised the Board that at the last meeting a question had been raised by Councilman Atkinson concerning accelerated real estate tax collection. Attorney Eaton noted that the Pennsylvania Law does allow a municipality to proceed with a private collection for any tax. The Township Attorney further noted that other than for some major delinquency with regard to real estate tax he did not think it made sense to go to that cycle. It was noted that the issue arose with respect to the school district utilizing the services of a company known as Portnoff for such accelerated tax collection. The Township Attorney commented that Portnoff does this across the state and has systemized such collection process. The Township Attorney questioned whether the Township’s process and cycle needs improvement. It was commented by the Township Manager and Township Clerk that the Township’s collection process works very well and that the delinquency is very low. Councilman Atkinson advised the Township Attorney that his real concern was the fact that the school district would be dealing with an accelerated process, which would be off cycle from the other collection processes of the Township and County. The Township Attorney noted that if there was a sale their lien might have priority.

2. The Township Attorney advised that he has been reviewing with the Township Clerk the notices, which are sent to delinquent customers with respect to water and sewer bills. He advised that certain information must be included in the notice to collect attorney fees. One of the things is that the Township has to have an adoption of the attorney’s rate to collect the fees. Attorney Eaton noted that we did have something back in 1997-1998. However, Attorney Eaton noted that in order to be able to collect through the court system, the Township should bring those provisions up to date and to do so he has prepared an ordinance for introduction at this meeting to address this issue.

3. With respect to the proposed development of Airport Centers, L.L.C., the Township Attorney advised that it has come to the Township’s attention that a small portion, less than 1/10th of an acre was not included in the rezoning process. In reviewing the law, the Township Attorney indicated that he feels that this is an immaterial, non-substantial error in the description and that it is not necessary to go through hearings to correct the matter. Attorney Eaton also indicated that he has been in contact with the owners of the property and has received a letter from them, indicating that the Township should proceed to go ahead with the corrective process. The Township Attorney further advised that in the ordinance itself there is a plan attached. There is an error in description. I am requesting they prepare a corrected exhibit. The Township can then proceed to adopt an ordinance.

Councilman Kovacs questioned the Township Clerk as to how many individuals are still residing at the Witko Mobile Home Park. Mrs. Roth advised that there is no one in residence at the present time. In fact, the Township Clerk indicated that there had been a gas leak at the former mobile home park this weekend. Mr. Witko has been notified and he has indicated that as far as he was concerned there was no one on the property. The Township Clerk also noted that by the 15th of next month all structures have to be removed or become the property of Mr. Witko.

Councilman Atkinson called to the Township Manager’s attention that there is a Winnebago down at the shopping center parked between the ramp from the movie theater and the Red Roof Inn. Councilman Atkinson felt that the owner of the shopping center should be contacted regarding same.

4. Maintenance Report

5. Fire Company's Report

6. Code Enforcement Officer's 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’s Report and same were noted for the record.

8. Treasurer's Report

Motion: ------- I move we accept the computer printouts dated April 21, 2004, 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 ------- Unan.

Unfinished Business: None

New Business:

1. Bill No. 2004-01, An Ordinance Establishing Regulations Governing the Design, Construction, Alteration, Enlargement, Repair, Demolition, Removal, Maintenance and Use of all Buildings and Structures, Providing for the Issuance of Permits, Collection of Fees, Making of Inspections, Providing Penalties for the Violations Thereof, Known as Act 45, the Pennsylvania Uniform Construction Code, by Amending Part 2 of Chapter 4 of the Statutory Code of Hanover Township (Introduce)

Chairman Paulus noted that Bill No. 2004-01 was introduced at this time with the Public Hearing to be held on Wednesday, May 5, 2004, at 7:30 P.M. Council was advised that the Building Inspector will be here when this matter comes up for adoption to answer any questions. The Township Attorney indicated that the new code is similar to the current Township code. A lot of the things have been tweaked and some have changed.

2. Bill No. 2004-02, An Ordinance of Hanover Township, Lehigh County, Commonwealth of Pennsylvania, Adopting the 2003 edition of the International Property Maintenance Code Published by the International Code Council Governing the Conditions and Maintenance of all Property, Buildings and Structures; by Providing the Periodic Standards Thereof, the Standards for Supplied Utilities and Facilities and Other Physical Things and Conditions Essential to Ensure that Structures are Safe, Sanitary and Fit for Occupation and Use, and the Demolition of such Existing Structures in Hanover Township; Providing for the Issuance of Permits and Collection of Fees thereof (Introduce)

Chairman Paulus noted that Bill No. 2004-02 was introduced at this time with a Public Hearing to be held on Wednesday, May 5, 2004, at 7:30 P.M. The Township Attorney commented that in reviewing same the Board will see that some of the provisions for reinspections have been moved into this section.

3. Bill No. 2004-3, An Ordinance Amending Provisions of the Statutory Code of Hanover Township Regarding Collection of Attorney’s Fees Incurred in the Collection of Sewer Rentals and Charges and Water Rates, Rents and Charges (Introduce)

Bill No. 2004-3 was introduced at this time with a Public Hearing to be held on Wednesday, May 5, 2004 at 7:30 P.M.

Payment of Bills:

Motion: ------- I move Council authorize payment of Voucher Nos. 10283-10289 (3/31/04 EOM Prepaids), Voucher Nos. 10290-10299 (4/21/04 Prepaids), Voucher Nos. 10301-10350, BC/BS (March), Payroll dated 3/26/04, Payroll dated 4/8/04, from the General Fund Account in the amount of $471,008.67; Voucher Nos.1441 (Prepaids), Voucher Nos. 1442-1446, from the Capital Reserve Account in the amount of $67,954.58; Voucher Nos. 1182-1187, from the Escrow Account in the amount of $35,817.74; Voucher Nos. 1418-1430 from the Water Account in the amount of $43,346.68; Voucher Nos. 2300 (Prepaids), Voucher Nos. 2301- 2314 from the Sewer Account in the amount of $117,483.04 for a Grand Total Expenditure of $735,610.71.

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

Courtesy of the Floor:

Nancy Perelli, 2774 Suzanne Way, questioned the Board as to the grant monies received and Chairman Paulus explained that the Township had submitted an grant application through State Representative T. J. Rooney and that the $30,000 received would be utilized toward permanent restroom facilities at Canal Park.

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:10 P.M.

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager