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

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

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

Courtesy of the Floor: None

Approval of Minutes: ---------- April 21, 2004 Regular Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the April 21, 2004, Regular Council Meeting and accept same as presented.

Paulus, Kovacs: 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 information from Municipal Energy Managers, Inc. titled Executive Summary which outlines therein MEM’s proposal with respect to the turn key acquisition and management of the Township’s municipal street lighting system. As we have previously discussed, MEM has approached the Township with respect to their desire to take over the maintenance portion of the Township street lighting. In order to accomplish that goal, the Township would need to purchase back from PPL all the Township’s current streetlights. By looking at the information provided, it would appear that the Township would indeed in the future projections realize additional revenues from the conversion. At the present time, MEM is requesting that the Township execute a client agreement, which would allow them to negotiate with PPL relative to the purchase of the streetlights. There would be no obligation financially on the part of the Township at this time.

There was a discussion initiated by Chairman Paulus with respect to the fact that he had checked with a union principal to determine what Municipal Managers’ program entails and was advised that they were unaware of this entity. Chairman Paulus expressed his concern that by converting the maintenance of the streetlights to another entity, PPL employees may lose their jobs. In conclusion of discussion of this matter, it was noted that the Township Attorney would review the client agreement as well as the Executive Summary and report back to the Board with his opinion regarding same.

Councilman Kovacs questioned the Township Manager as to the status of her contact with Senator Boscola’s office regarding the $10,000 DCED Grant which the Township has still not received. The Township Manager advised that she had spoken with the representative from Senator Boscola’s office and was advised that he would report back to the Manager as to his findings. Councilman Kovacs requested that if the Township Manager did not hear from Mr. Derr by the end of the week, that she would contact him on Monday for further action.

Councilman Atkinson questioned the status of the well installation of Canal Park. The Township Manager advised that she was unsure as to whether or not the well is completely installed and Councilman Atkinson indicated he would speak with the Public Works Director.

At this point in the meeting, Council reviewed information provided to them by the Township’s Building Inspector who was in attendance at the meeting. They reviewed the Building Inspector’s Report. It was noted that there is a Dunkin Donuts facility, which will be constructed in the parking lot area of the Valley Plaza Shopping Center.

 

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

The Township Attorney advised the Board that all items in which he is involved are on the agenda and will be addressed at that time.

 

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 (Public Hearing)

Chairman Paulus opened the Public Hearing relative to Bill No. 2004-01. A discussion ensued with the Township’s Building Inspector, the Township Attorney, and the Board as to the adoption of the new statewide code known as Act 45 of the Pennsylvania Uniform Construction Code. Mr. Metzger indicated that this Township is of course way ahead of the game since the Township has had an existing Building Code for over 10 years. Council briefly reviewed the contents of the proposed ordinance and in resolution thereof made the following motion.

Motion: ------- I move that 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, be adopted as Ordinance No. 448.

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

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 Inspections 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, Collection of Fees and Penalties for Violation thereof (Public Hearing)

Chairman Paulus opened the Public Hearing relative to Bill No. 2004-02. Councilwoman Hayden questioned the Township’s Building Inspector as to the language contained in Section 402(b) 104.3.1 where it is noted that there is an exemption for one and two-family dwellings. Councilwoman Hayden questioned how that relates to townhouses. She further noted that in the Chestnut Grove Towne Garden Development the fire walls between the townhouses should have gone up to the roofline but that is not the case in that development. Michael Metzger commented that the Building Code continues to say that if something is legally built according to an existing code it is grandfathered. Furthermore, Mr. Metzger noted that as a result of his office’s inspections of the townhouses in question he is not sure that the firewall installation does not meet the roofline, and he would have to look further into that matter. Councilman Atkinson commented that the Township’s Building Inspector is taking a position that the townhouses are included as single-family dwellings. The Township’s Building Inspector also indicated that at the very least the townhouses in question have draft stopping which is maybe a one half hour firewall. Councilwoman Hayden and the Township Clerk reiterated that they felt that there is a space in the attic area of the townhouses where a person could crawl from one townhouse to another. With respect to this proposed ordinance, the Township’s Building Inspector noted to the Board that prior to the State Building Code, we had noted that the other codes were referenced. Now that has been put aside. The purpose of adopting this ordinance is to continue what we did in the past. Councilwoman Hayden commented that this proposed ordinance does not include apartments and Mr. Metzger confirmed that was the case. Councilwoman Hayden questioned what the Township would do about fire alarms in apartment buildings to make sure they are working. Mr. Metzger commented that was a good question and he would have to research through the records to see what was done by the prior building inspectors. He further noted that apartments have never been designated as a compliance area. The Township Attorney finalized the discussions by noting that items d and e were added to this proposed ordinance. The ordinance needed a penalty section and a section on appeals. Attorney Eaton further indicated he considered this a substantive change and that the Council should put off adoption of this ordinance until the next Council meeting. Accordingly, Bill No. 2004-02 was tabled at this time with the next public hearing to be held on Wednesday, May 19, 2004, at 7:30 P.M.

3. Bill No. 2004-03, 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 (Public Hearing)

Chairman Paulus opened the Public Hearing relative to Bill No. 2004-03. The Township Attorney advised the Board that this proposed ordinance relates to the fact that our current ordinance provides that when we have to collect delinquent charges for water and sewer the Township can recover collection costs but the Township must specify what those costs are. This proposed ordinance, Attorney Eaton stated, updates the cost to be current as same relates to the legal fees the Township is paying. Councilman Atkinson questioned whether or not this could be put in resolution form and the Township Attorney indicated it could not. In resolution of this matter, the Board made the following motion:

Motion: -------I move that Bill No. 2004-03, 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, be adopted as Ordinance No. 449.

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

There was a discussion at this point in the meeting relative to the subject of Eleanore Hayden entering the PSATS’ Hall of Fame. Eleanore Hayden indicated that she had no objection. In resolution of this matter, the Board made the following Motion:

Motion: -------I move that the name of Eleanore M. Hayden be forwarded to PSATS by the Township Manager for her nomination to the PSATS’ Hall of Fame.

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

Courtesy of the Floor:

Mr. Skip Keim, 1635 North Halstead Street, questioned the Board as to whether the Building Code which was adopted this meeting was the universal code for Pennsylvania. Mr. Metzger indicated that was the case. Mr. Metzger further noted that it would be the same code for all 2,700 municipalities in Pennsylvania. Mr. Keim questioned whether or not there would be a new Codebook and Mr. Metzger noted that those books would be available shortly.

Mr. Keim further noted to the Board that he currently owns approximately two acres of land in the Township and questioned what the procedure would be for him to build another home on his property. The Township Attorney commented that if the original property lines were recorded as part of a subdivision plan then there are individual lots and that he could sell them off individually. With regard to what use is put on the lot, Attorney Eaton further indicated that Mr. Keim might need land development approval. Mr. Keim further noted that he had some interest in getting a horse and possibly placing a stable on the property for the horse. It was brought to his attention that there is an animal ordinance in the Township. Mr. Keim also indicated that he might want to put a deck on his house and Mr. Metzger noted that he should submit a plan for such construction. The Township Zoning Officer commented that the zoning for Mr. Keim’s property is Medium Residential and does not allow the proposed use of a horse and stable or other animals on the property outright. Off the top of her head, she felt Mr. Keim might need to approach the Hanover Township Zoning Hearing Board for an interpretation of the Zoning Ordinance for such uses. The Township Manager noted that she would look into the matter further and report back to Mr. Keim.

Ms. Kay Thompson, 2749 Donna Jo Way, questioned the Township as to the progress with respect to the swale behind the Fuller property. Ms. Thompson further noted that something must have been done because some surveying has been done. Ms. Thompson further advised the Board of her concern that the continuing development in Hanover Township, Northampton County, will be bringing more and more water into this swale. She noted the area by the church property is becoming a small swamp. Now that spring has arrived Ms. Thompson felt that it is time that all the parties involved should be looking to do something. The Board advised Ms. Thompson that they would be speaking to the Township Engineer to make a determination as to the future progress of the swale improvement.

Mr. Joseph Feskanin, 1680 N. Irving Street, addressed the Board with respect to the Township’s Weed Ordinance. He indicated that the triangular cemetery property across from his home has weeds in excess of the ordinance and is in violation of the ordinance. Mr. Feskanin also provided pictures to the Township Zoning Officer. Mr. Feskanin was advised that the property owner would be sent a letter advising them of the violation and giving them a period of time to correct same. It was further noted that as standard practice Mr. Feskanin will receive a blind carbon copy of any correspondence sent out regarding this matter.

Adjournment:

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

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager