Present: --------------- Councilwoman Hayden; Councilmen Atkinson, Dreisbach, Kovacs, Paulus;
------------------------------- J. Jackson Eaton, III, Esquire, Frederick W. Hay, P.E.; Sandra A. Pudliner

Absent: ------------------ 1 - Vicky Roth

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

Courtesy of the Floor:

Councilman Dreisbach advised the Board that he would like to take this opportunity to recognize and congratulate Councilwoman Hayden with respect to her inclusion in the Pennsylvania State Association of Supervisors Hall of Fame. He noted that an article with respect to this appears in the September issue of the Pennsylvania Township News and commended Mrs. Hayden for her 27 years of service to the Township. Councilman Dreisbach also felt that it would be a good idea to have an Eleanore Hayden Day in the Township. In that regard, the Township Manager noted that a Proclamation by way of resolution can be prepared to commend Councilwoman Hayden on her accomplishments and set forth a day in her honor.

Approval of Minutes: ------ August 15, 2005, Special Council Meeting
-------------------------------------------- August 17, 2005, Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the Special Meeting of August 15, 2005 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 Regular Meeting of August 17, 2005 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 she has provided them with a memorandum with respect to a recent meeting held with U.S. Foodservice to discuss the Township’s concerns over a violation of the Township’s Noise Ordinance. Mrs. Pudliner noted that at the request of U.S. Foodservice the Chairman of Council, the Township Engineer, and she attended a meeting on August 31, 2005. It was noted by U.S. Foodservice that they have reduced the window time during which a truck loads and until it leaves. They are instituting a plan for less, reefer-running time on a nightly basis. They also advised that they continue to acquire the new Whisper King units, which reduce noise significantly and that it is their intent to replace their fleet with these units. Currently, the new units comprise approximately 40% of their fleet. U.S. Foodservice noted that they have spoken to their personnel and have indicated that they do not want their trucks running. Furthermore, U.S. Foodservice has contracted to extend the berm and vegetation at the end of their property adjacent to the end of the Carmike fence in the rear of the Carmike property. This is the area where the Township resident who most recently complained of the noise disturbance lives. U.S. Foodservice intends to locate large, mature trees on the new berm and replace the dead trees on the current berm. Additionally, the Township Manager advised that she has sent Mr. Kistler correspondence with respect to updating him as to the Township’s progress to date and that the Board has a copy of that letter before them. Chairman Paulus who was in attendance at the meeting with U.S. Foodservice confirmed the issues, which were addressed at the meeting.

Councilman Kovacs advised Council that his church, Christ Evangelical Lutheran Church, located on Grove Road had been burglarized between midnight and 3:00 A.M. He noted that the State Police are of the opinion that the people involved were professionals and that there have been other incidents of isolated churches, which have been burglarized in the area. He requested that the Township’s Code Enforcement Officers patrol the area on a more periodic basis. John Lemos, Township Code Enforcement Officer, who was present at the meeting, advised Councilman Kovacs that he would advise the other Code Enforcement Officers of the situation.

Councilman Atkinson questioned the weeds on the lot behind the Microtel and whether or not they have been put on notice. He felt that action should be taken. If they were notified, they should be cited and if they have not been notified then notification should be sent to them. Additionally, Councilman Atkinson raised an issue with respect to the property on Irving Street, which had previously received notice of junk cars on the property. Councilman Atkinson felt that only one car has been removed and that some action should be taken in this regard. Councilman Atkinson also questioned the former slag property on Dauphin Drive. He noted that there are numerous trailers on the lot and skids of concrete colored block. He questioned whether or not the zoning allowed this type of usage. The Township Manager indicated she would look into the matter.

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

The Township Engineer offered no report at this time.

Councilman Kovacs questioned the Township Engineer as to whether or not he has made the determination regarding the low bidder of the Township’s Proposed 2005 Road Program. Mr. Hay indicated that it is the same contractor who performed the work last year. The Township Engineer had no problem with the contractor. Councilwoman Hayden questioned whether or not PPL would be taking out the light poles on Willowbrook Road. The Township Engineer indicated that PPL has done a PA One Call but that because of PUC regulations they cannot remove the poles but merely relocate them. The Township Engineer advised that it had something to do with giving up a service area. Councilwoman Hayden indicated that she had spoken to Mr. Daday regarding the PPL situation. The Township Engineer felt that when the Road Program begins the contractor will start with Marcon Blvd. first and then Willowbrook Road will follow. He noted that the agreements have been sent to the contractor but they have not been returned as of yet. After they return, work will commence. Councilman Atkinson questioned the location of facilities by a PA One Call on Postal Rd. right around the bend on the runway. The Township Engineer noted that PPL is running cable in that area and that they have a permit for same. He noted that the work is being performed by the airport and that the airport is mandated to have two feeds. Councilman Atkinson also noted that Allendale has graded the Allendale swale. He questioned whether or not the Township should have been advised and the Township Engineer noted that the only time the Township got involved was when the Township performed the work and billed Allendale for cleaning the swale. The swale, the Township Engineer noted is Allendale’s property. In any event, the Township Engineer indicated he would check on the situation.

3. J. Jackson Eaton, III, Esquire
Township Attorney

The Township Attorney advised that his items are on the agenda.

Unfinished Business:

1.) Bill No. 2005-06, An Ordinance Amending the Zoning Ordinance of Hanover Township to Permit Building Signs on Buildings Facing Expressways (Public Hearing).

The Township Manager advised the Board that inadvertently this matter which involves a zoning change should have been forwarded to the Hanover Township Planning Commission and that the Township will now do so. Accordingly, this matter would need to be tabled until comments are received and proper advertisements are placed in the newspaper regarding the zoning amendment. In a discussion regarding Bill No. 2005-6 , Councilman Atkinson noted that he had a concern that the signage on the buildings which face the expressway not include any advertising and that it be limited to either identifying the owner or tenant of the building. The Township Attorney advised that he would amend Bill No. 2005-6 to include such language.

New Business:

1.) Residential Inspections in Hanover Township (Review and Discusson).

The Township Attorney opened a discussion by indicating that the Township Council began an investigation in response to some inquiries by residents who wanted to know if there was anything the Township could do concerning what they believed were problems caused by nonowner-occupied houses. It was noted that the Township has no police department, but, at that time, I mentioned that the City of Allentown had an ordinance which contained disruptive tenant provisions and which required building owners to evict tenants after certain number of complaints during a year. At that time, Council asked that the Township Attorney look into the ordinance provisions on behalf of the Township. Subsequently, Attorney Eaton advised that his office took the Allentown Ordinance and tried to make adjustments to it. Since the Township has no police department, Attorney Eaton stated that he had a meeting with John Lemos of the Township’s Code Enforcement Office and Michael Metzger, the Township’s Building Inspector to discuss their roles in such a process. This matter, Attorney Eaton indicated could be broken down into two sections. The first involves inspections, which would be more frequent inspections of nonowner-occupied housing. The second part involved the disruptive tenant provisions, which the Code Enforcement Officer would enforce. The Township Building Inspector was willing to undertake this process. It would have been handled by moving the inspections into the same cycle of review for commercial properties. There was a discussion as to whether or not this ordinance would involve just homes or also apartments. The Township Engineer commented that with respect to apartments their enforcement currently is strictly a CO with the state. Attorney Eaton noted that the City of Allentown Ordinance focused on all residential units, which were rented. With respect to the disruptive tenant ordinance, the Township Attorney noted that this ordinance would not seem to address most of the problems raised by residents at a recent meeting since that seemed to relate to activity outside the house from people possibly involved in drug activity, etc. It was noted that the Township already has a nuisance ordinance, which covers the items set forth in the Disruptive Tenants Ordinance. Attorney Eaton also noted that there could be problems with the owners of properties with respect to them attempting to bar the Township from enforcement of the ordinance. The Township would be required to set up an appeals board and the process for making reports will be more stringent. The Township Attorney also noted that by undertaking this type of process, the landlords might fight the process and appeal eviction notices, etc. Chairman Paulus questioned Mr. Lemos as to whether or not there has been an improvement in the situation in Chestnut Grove since the State Police have become more apparent in their patrol of the area. Mr. Lemos noted that things have been better and he has not heard anything from the residents in that development. In conclusion of the discussions, the Board felt that the Township Ordinance should be reviewed to make sure it includes a provision that owners must notify the Township of any new tenant coming in or going out of the Township. Furthermore, Township Council determined that they would not proceed with adoption of these proposed ordinances and take no action at this time.

Courtesy of the Floor: NONE

Adjournment:

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

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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