Present: --------------- Councilmen Atkinson, Kovacs, Williams, Paulus; Frederick W. Hay, P.E.
------------------------------- J. Jackson Eaton, III, Esquire; Sandra A. Pudliner; Vicky Roth

Absent: ------------------ Councilwoman Hayden

Attendance: ---------- 3

Courtesy of the Floor: None

Approval of Minutes: ---------- May 5, 2004 Regular Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the Regular Council Meeting of May 5, 2004 and accept same as presented.

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

At this point in the meeting, William Kovacs, commended the Township Manager for her prompt action in having the grass cut down at the Valley Plaza Shopping Center. He noted that quite a few of the Township residents were concerned over the grass growth and that upon advising the Township Manager of same, the owner had the grass cut shortly thereafter.

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager advised the Board that the Hanover Township Zoning Hearing Board will meet this month to hear the appeal of Philip Witko with respect to his desire to alter a nonconforming use by removing a current garage at a residential property on Lloyd Street and replacing same with a larger facility. The Township Manager noted that the current use of the property as a residence is nonconforming and that the area is currently zoned Planned Commercial. By reason of the fact that Mr. Witko is altering the nonconforming use, he will be required to go to both the Hanover Township Planning Commission and the Hanover Township Zoning Hearing Board with a request for a special exception. Upon questioning the Board as to their position in this matter, Council advised the Township Manager that the Board had no position with respect to this hearing.

2. The Township Manager advised the Board that she has been touch with the Pennsylvania State Association of Township Supervisors with respect to the Hall of Fame issue previously discussed. The Township Manager noted that the Hall of Fame which is set aside for individuals who have served their municipalities in excess of 24 years is representative of a column which will appear in one of the editions of the Pennsylvania Township News. In that regard, the Township Manager has been in touch with PSATS and has submitted Eleanore Hayden for consideration.

3. With respect to the issue involving Municipal Energy Manager’s, Inc., the Township Manager advised the Board that since the Township Attorney has prepared a memo for their review regarding that matter that issue could be discussed at the time of his report.

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

1. The Township Engineer advised Council that he will be reviewing drawings for the 2004 Road Program tomorrow and shortly thereafter the Road Program can go out to bid.

2. With respect to the Fuller swale issue, the Township Engineer indicated that he has spoken to the engineering firm of Martin, Bradbury & Griffith, who have prepared a plan on behalf of Fuller and will be presenting that plan to Fuller in the near future after which the plan will be submitted to the City of Bethlehem and our office for review. Council should be advised that part of the arrangement made with the City of Bethlehem was that both the City of Bethlehem and the Township would approve whatever is done on the Fuller property. With respect to the concerns raised regarding this matter, by Kay Thompson, a Township resident, the Township Engineer felt that Ms. Thompson could contact the City of Bethlehem directly, in particular, Mr. Steve DeSalva of the City. Councilman Kovacs also noted that the Township Manager could call Ms. Thompson and bring her up-to-date as to what has transpired.

Councilman Atkinson advised the Township Engineer that a sinkhole has opened up in the 2000 block of Troxell Street. After discussion, it was determined that the sinkhole was in the area of the gas trench which was the item of previous discussion. The Township Engineer indicated he would look into the matter.

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

1. The Township Attorney advised the Board that he has provided them with a memo regarding the recording of public meetings.

2. With respect to the matter involving Municipal Energy Managers, the Township Attorney advised that, he had been provided by the Township Manager with a document known as an Executive Summary and a contract, which consists of two parts. The first part is an analysis, which would be done by MEM. The second part is a description of what the project would be like going forward. Attorney Eaton further noted that he felt it would be relatively easy to review the matter and bring it in accordance with the Township’s understanding. The Township Attorney indicated that it is his understanding that the $3,700 figure noted for the preparation of a study in the amount of $3,700 should in reality be $1,200. Furthermore, it should be made absolutely clear that after the Phase 1 analysis is done, there should be no cost to the Township of any kind if the Township would decide not to go forward. Chairman Paulus advised Council that to bring them up to date the Chairman and Vice Chairman of the Board attended a meeting with representatives of Municipal Energy Managers at their request. The Township Attorney noted that he felt the initial study was not a problem. The second stage, however, would lock the Township into a longer, term agreement. He noted there are issues involving how they calculate the savings and what it is based upon. He further noted that the agreement says that MEM will be the adviser for all electrical needs. It seems to state that the Township must accept that and if you don’t accept it you can still be billed for same. Based upon the fact that MEM has indicated that the City of Allentown and the City of Bethlehem have entered into agreements with them, the Township Attorney felt he could ask the City of Allentown for a copy of their agreement. Chairman Paulus noted that as a result of the meeting, it was his understanding that MEM will do a study of the whole Township. The Township would be brought up to the current electrical code. He further noted that the employees utilized were all union employees. The savings issue, Chairman Paulus advised, results from the fact that a different rate will be applied if the Township owned all of its streetlights and in addition that MEM’s charges for maintenance would be less. Councilman Williams commented that he thought for example in a disaster-type situation, PPL could bring people in from other states for assistance. There was a discussion with respect to the Township incurring debt service for the purchase of the lights and that the initial savings would be minimal until the debt service is satisfied. However, after that period of time, the savings would increase. The Township Attorney noted that if the Township proceeds at this time, MEM would survey the Township and after that study is accomplished and should the Township wish to go forward, then a final agreement would be negotiated. Councilman Kovacs commented that if the Township is only saving a minimal amount for the period of the debt service, he did not see that this approach appears too inviting. Councilman Atkinson noted that what is inviting is the service the Township would receive as opposed to the current service maintenance issues with PPL. It was noted that MEM would perform monthly inspections and that monthly replacement of small maintenance items will provide long-term savings. The Township Attorney commented that he felt that he could draw up an agreement but it is still up to the Township as to whether or not you want to go forward with this. The Township Attorney also noted that if you allow MEM to do the study you are restricted for five years from going to someone else. Councilman Atkinson noted that this issue only involved the streetlights. Councilman Williams felt that the Township should seek out someone who has this maintenance outfit for a period of time and has been using their services to determine if they are acceptable. The Township Attorney indicated that the Township could indeed talk to municipalities who are currently negotiating with MEM and also speak to those who already have their services in place. In the interim, Council determined to move forward with the study portion and with that regard made the following motion:

Motion: ------- I move that we authorize the Township Manager to sign the Client Agreement with Municipal Energy Managers’, Inc., subject to the changes made to same by the Township Attorney which will assure that the Township will not have any obligation should the Township decide not to go forward with the project.

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

4. Maintenance Report

5. Fire Company's Report

6. Code Enforcement Officers' Reports

7. Building Inspector's Report

Chairman Paulus acknowledged receipt of a written Maintenance Report, written Fire Company Report, written Code Enforcement Officers’ Reports and same were noted for the record. With respect to the Building Inspector’s Report, it was noted that the Building Inspector’s Report was reviewed at the last meeting.

Councilman Kovacs commented that on Saturday, May 15th, he witnessed a number of youths running across the roof of the pavilion at Sherwood Park. He called the Code Enforcement Officer’s number. He also indicated that he realizes that the Township cannot do too much other than chase the individuals off the roof.

8. Treasurer's Report

Motion: ------- I move we accept the computer printouts dated May 4, 2004, for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

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

At this point in the meeting, Councilman Atkinson questioned the Township Engineer as to the Troxell Street Road Improvement Project and whether or not the contractor will be coming back to correct the dips in the road. The Township Engineer indicated that he thought those issues would be taken care of as part of the road program.

Unfinished 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)

Motion: ------- I move that Bill No. 2004-2, 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 be adopted as Ordinance No. 450.

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

New Business: NONE

Payment of the Bills:

Motion: ------- I move Council authorize payment of Voucher Nos. 10300 (4/30/04 EOM Prepaids), Voucher Nos. 10356-10403, BC/BS (May), BC/BS (June), Payroll dated 4/23/04, Payroll dated 5/7/04, from the General Fund Account in the amount of $431,076.28; Voucher Nos.1447-1448 (Prepaids), Voucher Nos. 1449-1456, from the Capital Reserve Account in the amount of $36,056.00; Voucher Nos. 1188-1192, from the Escrow Account in the amount of $5,336.00; Voucher Nos. 1431-1439 from the Water Account in the amount of $52,569.95; Voucher Nos. 2315-2316 (5/19/04 Prepaids), Voucher Nos. 2317-2326 from the Sewer Account in the amount of $118,774.82 for a Grand Total Expenditure of $643,813.05.

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

Courtesy of the Floor:

Mr. Joseph Feskanin, 1680 N. Irving St., appeared before Council and commended the Township Manager for her expedience in contacting the property owner in his area whom he felt was in violation of the weed ordinance. Mr. Feskanin noted that he did not think the work has been done and that the property owner should be cited. The Township Manager noted that she had been advised that the work had been done and that she would have to look into the matter.

There was also some discussion with respect to discussions at prior meetings regarding the property of Airport Center, L.P., involving a small portion of the property which was not included in the zoning change process. At this point in the meeting, Council reviewed with all in attendance drawings regarding that project and noting the small portion of Steelstone Road, which was the subject of the inquiry.

There was also a discussion initiated by Mr. Feskanin with respect to the location of property lines and that an adjoining property owner, Ms. Jill Salim’s property could be encroached upon by the shopping center developer. It appeared that Ms. Salim felt that the property line affected her lane to access her property. The Township Engineer indicated to Mr. Feskanin that the small drawing, which he had brought to the meeting was unreadable and that the surveyor who worked on the project was the proper contact person. He noted to Mr. Feskanin and Ms. Salim that Hanover Engineering, in particular, Mr. Charles Unangst, should be contacted regarding the property line issue. It was noted that the shopping center developer could not block access to Ms. Salim’s property. The Township Attorney commented that legally what the Township did in approving that plan cannot change whatever a party owns or add anything to it. As the Township Engineer noted, Mr. Eaton stated the Township made normal reviews of a drawing which had a surveyor seal on it. If there is any question, Attorney Eaton indicated they might go out and stake the property for you. Ms. Salim commented that she has been hearing that the lane cannot be blocked and that she uses Mr. Witko’s property to back out. Attorney Eaton noted that this is a legal issue and that Ms. Salim has certain rights and that the other property owners would be subject to those rights. There are issues involving how long a person has used a property and the circumstances in which it is used.

Mr. Thomas Keim, 1635 N. Halstead Street, approached the Board and offered comments regarding Municipal Energy Managers. He noted that he felt the Township should look into a background check on this entity and find the municipalities they have dealt with for 10 years or more. It was noted that the entity has not even been in existence for 10 years. Mr. Keim also questioned the masonry sign down at the storage building at Canal Park. He was advised that the building had been hit and that it is being repaired at the present time.

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:30 P.M.

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager