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Township Meeting - Minutes

HANOVER TOWNSHIP, LEHIGH COUNTY
REGULAR COUNCIL MEETING

November 1, 2006
7:30 P.M.

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

-------------------- Councilwoman Hayden participated in the meeting via telephone.

It should be noted for the record that Councilwoman Hayden attended the meeting via telephone conference as a result of a disability, which does not permit her attendance in person..

Absent: 0

Attendance: 5

Opening Bids: Bid No. 2006-2, Proposal of Municipal Solid Waste Collection and/or Recycling in Hanover Township.

Chairman Paulus proceeded with the opening of the two bids received relative to the collection of municipal solid waste. The results of the bidding are shown on the tabulation of the bid results attached hereto and made a part hereof. It should be noted that the bid specifications presented various options to the collectors. The options included a one, three or five year contract and as an additional option, recycling every week or every other week. The low bidder was J. P. Mascaro of Audubon, Pennsylvania. At this point in the meeting, Council entered into a discussion with a representative from J.P. Mascaro who was in attendance at the meeting. Mr. Robert Natkie advised the Board that he is the General Manager of J. P. Mascaro and recommended that the Board consider the five year contract which he noted most municipalities are utilizing due to the increased landfill costs. Mr. Natkie also noted that J. P. Mascaro has a 20-year capacity in their landfill and that he felt the Township could keep their garbage collection day as Thursday, as it currently is. Mr. Natkie further noted that his company would abide by all the terms of the current garbage contract, which is shown in the specs. There was discussion relative to whether or not the Township would opt for recycling every week or every other week. It was the consensus of the Board that recycling every other week would be the better option. It was noted that if for some reason a resident needed an additional recycling container that the Township would provide that resident with such container. In conclusion of this matter, the Board made the following motion.

Motion: --- I move that the Township accept the five-year contract proposal of J. P. Mascaro of Audubon, Pennsylvania, with recycling on an every other week basis, for a total amount of $796,500, subject to the review and approval of the Township’s Recycling Coordinator.

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

Courtesy of the Floor: None

Approval of Minutes: ------ October 18, 2006 Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the Regular Council Meeting of October 18, 2006 and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

The Township Manager advised the Board that she had no oral report to offer at this time.

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

The Township Engineer advised Council that he had nothing to report on at this time.

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

1.) The Township Attorney advised the Board that the Township Manager requested that he review information the Township has received relative to revisions to state law dealing with deed transfer tax. He advised that his office is looking into that matter at this time.

2.) With respect to the Cable Franchise Tax legislation, PSATS is proposing that the municipalities take a stand against such legislation. The legislation would eliminate the authority of the Townships to control franchises relative to cable service within the community. Attorney Eaton noted that many municipalities have franchise taxes which they impose at a rate of 5%. Some communities regulate the type of service and where you have to have service in the community. Attorney Eaton noted that Hanover does not do these things. Hanover does have a 5% cable franchise tax. However, after that, it is up to the cable companies to provide the service. Basically, the Township is a free market. Attorney Eaton advised the Board that this legislation would not have a significant effect on the Township tax and that there would be no material change to the Township if the legislation were passed. Councilman Atkinson commented that he thought the state eliminated exclusive rights. Attorney Eaton noted that may be true, but Hanover Township has limited its involvement to collection of the tax.

3.) The Township Attorney advised the Board that his office is still researching the issue of whether or not payment is required for moving utility poles in the public right of way.

4.) The Township Attorney advised the Board that he has a response to certain real estate issues discussed at the last meeting and would request an Executive Session with the Board after the meeting to review same.

John Lemos, Township Code Enforcement Officer, present at the meeting questioned the Township Attorney regarding the process of towing vehicles. Mr. Lemos noted that in a recent newspaper article, it was indicated that the City of Allentown simply tows vehicles under the theory of a safety issue. The Township Attorney advised that he is not familiar with any other method. He felt that the method the Township uses is set forth in the Motor Vehicle Code and that you still have to go through the process of notifying the owner. Councilman Atkinson commented that possibly Allentown is utilizing the safety issue as a result of all the drug related problems in the city and that they are putting the vehicles in a compound and then going through the motor vehicle code requirements. Mr. Lemos noted that there is a vehicle on Irving Street, that the State Police have actually tagged, but the tag has been removed and the car has not been moved. In any event, it was determined that the Township Attorney would get together with the Township Manager and Code Enforcement Officer and review the proper manner in which to handle towing vehicles within the Township.

Unfinished Business:

1.) Bill No. 2006-5, An Ordinance Amending Chapter 15 of the Statutory Code of Hanover Township to Prohibit Parking on Irving Street Except for Passenger Cars and Motorcycles in Certain Areas (Public Hearing)

Councilman Atkinson noted that the purpose of this legislation is two-fold. The legislation would prohibit parking in certain areas by commercial vehicles only allowing passenger cars and motorcycles in those areas. Additionally, the legislation would prohibit parking on Irving Street in other areas. In resolution of this matter, the Board made the following motion:

Motion: --- I move that Bill No. 2006-5, An Ordinance Amending Chapter 15 of the Statutory Code of Hanover Township to Prohibit Parking on Irving Street Except for Passenger Cars and Motorcycles in Certain Areas, be adopted as Ordinance No. 467.

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

New Business:

1.) Resolution No. 2006-38, A Resolution Amending the Fee Resolution of the Statutory Code of Hanover Township (Vote)

The Township Manager advised the Board that the Fee Resolution has been amended to increase the Notary Fee cost in accordance with the state law as well as to increase the cost for an appeal before the Hanover Township Zoning Hearing Board from $500 to $750. The Township Manager noted that the increase of the Zoning Hearing Board filing fees had been discussed at a prior Budget Hearing. In resolution of this matter, the Board made the following motion:

Motion: --- I move that Resolution No. 2006-38, A Resolution Amending the Fee Resolution of the Statutory Code of Hanover Township, be adopted as presented.
Kovacs, Hayden: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ------- Unan.
Courtesy of the Floor:

Mr. Joseph Feskanin, 1680 N. Irving Street, advised all in attendance that he would like to thank everyone involved in enacting Ordinance No. 467, since the situation on Irving Street directly affects him and his wife, who have barely been missed by cars coming down Irving Street due to the lack of visibility created by trucks and vehicles parked on the roadway.

At this point in the meeting, Chairman Paulus announced that the Board would be going into Executive Session and would not return to the meeting.

Adjournment:

The meeting was adjourned at 8:15 P.M.
Respectfully submitted,

Sandra A. Pudliner
Township Manager

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