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Township Meeting - Minutes

HANOVER TOWNSHIP, LEHIGH COUNTY
REGULAR COUNCIL MEETING

July 6, 2005
7:30 P.M.

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

Absent: ------------------ J. Jackson Eaton, III, Esquire

Attendance: ---------- 5

Courtesy of the Floor:

Mr. John Hricak of 2077 Troxell Street, Allentown, PA 18109, appeared before the Board to express his concern over the Township sewer bills. One of Mr. Hricak’s concerns was the fact that his consumption may be 4,000 gallons per quarter but that the Township’s minimum charge based on 11,000 gallons is still applied to his account. He questioned whether something couldn’t possibly be done to alleviate his having to pay for gallonage, which is not used by him. Councilman Kovacs questioned the Township Engineer as to whether or not any other townships grant relief of that nature and the Township Engineer noted that there are different minimum charges but he has no knowledge of relief being granted. Chairman Paulus commented that the minimum is there to keep the sewer account afloat. He noted if there was no minimum the Township would have to raise the rates. It was noted that the item under new business, Bill No. 2005-05, provides for an increase for all the Township sewer rates of 50 cents for each sewer system in the Township. The Township Engineer noted that the treatment charges are what we pay to treat the sewerage. He also noted that the Township just received an adjustment bill from the Borough of Catasauqua, which is $50,000 more than what the Township anticipated. The Township Engineer also noted that in addition to paying for the treatment in the various systems, the Township must maintain the sewer lines within the Township and the pump stations located within the Township. Chairman Paulus commented that the Township recently constructed a new pump station next to the Township Municipal Building. The Township Engineer noted that the cost for the new pump station was $1,000,000. Councilman Atkinson questioned the Township Engineer as to whether or not the Township sewer rates are some of the lower sewer rates in the area. Mr. Hay noted that the Township’s sewer charges are lower than what many of the municipalities charge. Councilman Atkinson explained that it is not the Township’s intent to make money from the sewer billings but that in addition to the Township’s cost for treatment at the various sewer treatment plants, the Township must maintain the lines, the pump stations, and maintain a capital reserve for repairs. Mr. Hricak commented that he had visited the City of Bethlehem Water Department and told them what the Township sewer charges are. He claimed the City of Bethlehem indicated that the charges were much higher than the city rates. Councilman Kovacs noted that the City of Bethlehem charges lower rates for city residents and higher rates for those consumers outside of the city. Councilwoman Hayden commented to Mr. Hricak that she also uses much less than the minimum Township sewer charge.

Approval of Minutes: ------ June 15, 2005, Regular Council Meeting
-------------------------------------------- June 27, 2005, Special Council Meeting

Motion: --- I move we waive the reading of the Minutes of the June 15, 2005, Regular Council Meeting and accept same as presented.

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

Motion: --- I move we waive the reading of the Minutes of the June 27, 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 the Board that they are in receipt of the Proposed Five Year Capital Program and questioned the Board as to when they would like to schedule hearings on same. After discussion, it was determined that Capital Program hearings would be held on August 8, August 15, and August 22, 2005 at 7:00 P.M.

2. The Township Manager advised the Board that she is in receipt of information regarding the Summer Convention of the Lehigh County Association of Township Officials, which is scheduled for August 5, 2005 at the Schnecksville Fire Company. Upon questioning of the Board with respect to attendance, Councilman Kovacs indicated that he would attend. No other members of the Board would attend.

Councilwoman Hayden brought to the Manager’s attention an issue regarding a property on Dorothy Way with respect to having the Building Inspector send a letter concerning the condition of the roof and gutters at said property. The Township Manager advised that she would be in touch with the Building Inspector to determine if he has sent correspondence to this location.

The Township Code Enforcement Officer, John Lemos, was present at the meeting and reported to the Board regarding the U.S. Foodservice facility in the Township. Mr. Lemos noted that the Township Manager had been in touch with his office with respect to doing a study of the U.S. Foodservice facility as well as extra surveillance of Sherwood Park due to the vandalism at that location. Mr. Lemos indicated to the Board that he had spoken to the other Code Enforcement Officers about U.S. Foods. Mr. Rusyn, he noted, has not been working. Mr. Lemos further noted that he has not received feedback from Mr. Yoder. However, he and Mr. Seiling have been going there at different times of the night. He noted that an irritating hum is emanating from the dock area. It was noted that the trucks parked along the north wall are not running. If residents had their windows closed or air conditioner running, there would most likely be no problem. Mr. Lemos felt that listening to the noise from the Sherwood Street area, he found it to be a mildly irritating hum. Councilman Atkinson commented that there is also a hum from the apartment complex’s air conditioning system located in that area.

With respect to the Sherwood Park area, Mr. Lemos indicated that they have videotaped the teenagers there. He felt that they should be able to identify them should the occasion arise. Mr. Lemos noted that he talked to these individuals on two occasions. He also noted that they have been able to secure license plate numbers of two vehicles that belong to them. Mr. Ray Seiling, another Township Code Enforcement Officer who was in attendance at the meeting, commented that he also secured another license plate number. Mr. Seiling noted that he also talked to the individuals involved and that since they are aware that the Township has the license plate numbers, he hasn’t noticed any problems with the area. Councilman Kovacs questioned if it’s the same group and Mr. Lemos noted that it was and that there are also three girls involved. Chairman Paulus commented that someone had come to him and indicated that they would be able to provide a list of names of these individuals.

Mr. Seiling reiterated for Council the vandalism, which occurred in Sherwood Park recently. Mr. Seiling noted that he received a call on the Township cell phone. Fireworks were being set off in the park. Mr. Seiling noted that normally he pulls in to Weis Markets and goes up the bank. He saw the trash can in the park blazing. He called 911. The fire company was dispatched. He utilized a fire extinguisher to put out the fire. He also notified the Pennsylvania State Police. Mr. Seiling noted that they then encountered the same gang hanging around in the area and the State Police talked to them. The individuals told the State Police that they had seen a white Chevy with silver paint in the area and thought it was them. Mr. Seiling felt it was these individuals and not anyone else who had caused the damage. Mr. Seiling observed the individuals riding bikes and eventually they went down toward Weis Markets. The whole gang was in front of the Subway facility. Eventually, they all went away in a Dodge vehicle, which license plate number he secured and noted that they drove the vehicle into Allentown. It was noted that in addition to the fire, the basketball court has been totally littered and that fish hooks have been found all over the grass area in the park. Also, the picnic tables under the pavilion have all been gauged out. Mr. Seiling further advised the Board that about a month ago the individuals were trying to build a hut of some sort in the back. While investigating same the Pennsylvania State Police pulled up and questioned Mr. Seiling as to what he was doing. In any event, he explained the situation to the police and left a note for the Public Works Department and they cleaned up the area.

Councilman Atkinson questioned the status of weed letters. He indicated he noticed that the new building on Marcon Blvd., the Witko Property and the property between the Post Office and the Naval Reserve Center should receive weed letters. Additionally, Councilman Atkinson felt that the four story building in the Park’s detention area on the slope coming down to Postal Rd. also should receive a weed letter.

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

1. The Township Engineer advised the Board that he has spoken to Mr. Kistler regarding the noise disturbance from U.S. Foodservice. He explained to Mr. Kistler that the decibel level changes and that between 7:00 A.M. and 10:00 P.M. it is higher. Mr. Kistler wanted the Township Engineer to come to his house and he indicated that he would be back in touch with him to make arrangements to take a decibel reading on Monday morning between 3:30 and 4:00 A.M. at his property, specifically, off his back porch.

2. The Township Engineer indicated that along with the Township’s sewer rate discussions he felt that the Township also needs to address the issue of the payback by the sewer account to the General Fund from the Troxell Street Project. Mr. Hay noted that the project in question was done just because of the Troxell Street Road Project. He further indicated that he felt that the money already paid back to the General Fund should be reverted back to the Sewer Account. Mr. Hay advised that the Township records reveal that the Sewer Account has made a $70,000 payment to the General Fund Account. In resolution of that matter, Council made the following motion:

Motion: --- I move that the $70,000 paid from the Sewer Account to the General Fund for Troxell Street work should be returned to the Township Sewer Account.

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

3. The Township Engineer advised the Board that their research now reveals that speed bumps are illegal. Speed humps are allowable but the cost for same is approximately $3,000 a piece. Mr. Hay advised that there is a liability issue for installing these devices and should any damage occur to a vehicle the person putting in the speed humps is liable. Councilman Atkinson noted that from reading through the material provided regarding this matter, he was concerned over the increased liability and the fact that the guidelines seem to indicate that when you make such an installation it should be in an area where you have a minimum of 1,000 vehicles per day. Councilman Atkinson also noted that he realizes there are problems involved with emergency equipment as a result of such installations. He felt that such installations decrease emergency response time. Councilman Kovacs quoted from materials provided to them, which stated, “traffic calming measure should typically be considered only after education and enforcement efforts have failed to produce the desired results.”

4. The Township Engineer advised that the Township has still not heard from PPL with respect to the removal of the poles on Willowbrook Road.

Councilman Atkinson requested the Township Manager have the Public Works Director check Canal Park in the area behind the house adjacent to the park. Mr. Atkinson noted the individual residing there had been cutting down some trees and wanted to make sure that they were not on the Township’s property.

3. William J. Fries, Esquire

In the absence of the Township Attorney, his partner, Attorney William Fries, appeared at the meeting and offered the following report.

1.) With respect to the speed bump issue, Attorney Fries noted that he spoke to the Public Works Director and was provided with the information, which the Board has also received. Attorney Fries noted that when you look at the entire process the Township must go through to include a study, planning development, installation and evaluation, it appears that the installation of the speed humps may not be worthwhile. Attorney Fries noted that from the information received from the Public Works Department (research of the FHA and PennDOT regulations), it is apparent that the speed bumps are illegal. Attorney Fries concluded that the Township does not have a duty to install the speed humps but if the Township pursues that then the Township must meet all the conditions required. Councilman Atkinson noted that possibly a three way stop sign at the entrance of Chestnut Grove should be considered. The Township Engineer noted that he would have to do a traffic study and that they would proceed to do that. Councilman Atkinson also raised an issue with respect to the Lehigh-Northampton Airport Authority placing “No Truck Parking” signage on the parking lot between Postal Rd. and Airport Rd. He questioned the ownership of that area. It appeared that PennDOT owns the area, but the Township Engineer would look into that matter. Councilman Atkinson also raised an issue with respect to the tractor of an 18-wheeler parked too close to the intersection of Cedar Hill Drive and Irving Street. Councilman Atkinson said this is a definite visibility issue and requested the Code Enforcement Officers to look into that matter.

Unfinished Business: NONE

New Business:

1. Bill No. 2005-05, An Ordinance Amending Chapter 18, Part 3, (Sewer Rates, Rents and Charges), Section 303 of the Statutory Code of Hanover Township (Public Hearing).

Chairman Paulus opened the Public Hearing relative to Bill No. 2005-05. It was noted that with respect to Section b therein, the language should read, “per 1,000 gallons” and that amendment would need to be made. In resolution of this matter, the Board made the following Motion:

Motion: --- I move Bill No. 2005-05, An Ordinance Amending Chapter 18, Part 3, (Sewer Rates, Rents and Charges), Section 303 of the Statutory Code of Hanover Township, be adopted as amended as Ordinance No. 460.

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

Councilman Atkinson questioned the Township Engineer as to what the increased rates will provide and the Township Engineer noted that the Township is trying to get an Operating Balance and then buildup the Capital Reserve. He further noted that the Sewer System is 30 plus years old.

Courtesy of the Floor:

Mr. Joseph Feskanin, 1680 N. Irving Street, Allentown, PA 18109, questioned whether or not the PPL lights have been repaired in the industrial park. The Township Manager noted that she had been told by PPL that all the repairs were made.

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

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

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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