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

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

Attendance: ---------- 2

Courtesy of the Floor:

Mr. George Young , 2090 Weaversville Rd., appeared before the Board to review with Council his request to connect his house to municipal sewer. Mr. Young indicated that he had spoken to the Township Engineer who directed him to Hanover Engineering, in particular, Mr. Birdsall, who is the engineer for Hanover Township, Northampton County. However, after conversation with Mr. Birdsall and attending a meeting in Hanover Township, Northampton County, Mr. Young advised that he needed to get approval from Hanover Township, Lehigh County, for the hookup. The Township Attorney advised Council that the fact that Mr. Young is in Hanover Township, Lehigh County, and wants to hook into the sewer line in Hanover Township, Northampton County, presents a legal problem as to whose customer he would be. The Township Attorney further noted that if Hanover Township, Northampton County, would serve Mr. Young as its customer, it would be subject to PUC regulations. Accordingly, Attorney Eaton felt that Mr. Young would be the customer of Hanover Township, Lehigh County, and would be billed by Hanover Township, Lehigh County, for his sewer usage. Attorney Eaton further felt that Mr. Young would need a sewer meter so that his sewer can be deducted back into our system. He noted that he would have to look to see if we have that option or if the option would be to agree to a flat rate. The Township Attorney said that he thought that maybe a meeting would be in order with the Township Manager, Township Engineer, Mr. Birdsall and himself to review these issues. Attorney Eaton also noted that he needed to speak to our engineer to get the background on this matter. Chairman Paulus commented that Mr. Young needs to know the best direction to take and that the Township Engineer would be told about his appearance at this meeting tomorrow. The Township Manager noted that she is not totally aware of the discussions but seemed to recall that the Township Engineer had indicated that it would be very expensive to make this connection. It was noted that the issue of the expense is something to be determined by Mr. Young and his engineer.

Approval of Minutes: ---------- July 7, 2004 Regular Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the July 7, 2004, Regular Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager advised the Board that she has spoken to the City of Bethlehem’s Mayor’s Office with respect to scheduling a meeting in August to discuss the Fuller swale located in the City of Bethlehem. The Township Manager also indicated to Council that she has provided them with a copy of correspondence from Attorney William Malkames representing Saylor’s Mobile Home Park directed to the City of Bethlehem’s solicitor also inquiring about the ongoing stormwater drainage problem originating in the City of Bethlehem on the former Fuller now F. L. Smidth property. Councilman Atkinson questioned the Township Attorney as to what legal authority the Township has in this matter. The Township Attorney noted that the Township does not have the same type of authority as a private resident to seek enforcement of a plan that is on record but the Township may have some authority. As Council will remember, the Township Engineer has indicated that the plan filed and approved by the City of Bethlehem is not the same as the current land development, which is not in compliance. Attorney Eaton further noted that it is his understanding that the citizens have a right to file a complaint and if the Zoning Board does not find in their favor the matter can be pursued further. Attorney Eaton also indicated that he felt that the Township may have authority to do likewise since this affects a section of the Township and ties into our stormwater system. Councilman Atkinson commented that his concern is whether or not we have rights in this matter and even if we do are we setting a precedence where, in essence, the Township is representing private citizens in a private matter. Chairman Paulus commented that all the Township is really doing is scheduling a meeting with Bethlehem officials to review the matter and thereafter the private property owners will go to the City of Bethlehem’s Council meeting and pursue the matter further at that time. There was discussion with respect to Attorney Malkames being aware of the Township Engineer’s position in this matter. The Township Manager advised that Mr. Malkames’ client received a copy of the Township Engineer’s letter outlining the Township’s position and accordingly she felt his attorney is aware of the issues.

2. The Township Manager advised Council that she has provided them with a copy of correspondence from the Board of Supervisors of Hanover Township, Northampton County, inquiring as to the Township being represented on a regional airport committee which they would like to form. Council discussed this matter briefly and as the letter indicated someone from the Airport Advisory Committee would contact the Chairman of the Township’s Board to discuss these issues. No final determination was made at this time.

3. The Township Manager advised the Board that their next meeting will be held on Monday, July 26, 2004 at 7:00 P.M. for the purpose of the Public Hearing on the Five Year Capital Improvements Program.

Councilman Kovacs questioned the Township Manager with respect to the closing of the Sure Fit facility in the Township as to what effect same had on the Township’s tax base. The Township Manager noted that she had previously provided the Board with those figures and being a manufacturing concern, Sure Fit is not subject to business privilege tax. The impact on the taxation base is minimal.

Councilwoman Hayden expressed her concern over the removal of the recycling container on the island at the main entrance to Chestnut Grove Towne Garden Development in the area of the mailboxes. Mrs. Hayden indicated she used to utilize the recycling container there for her junk mail. Mrs. Hayden further indicated that in conversations with the Township’s Crew Chief, he indicated that the recycling container was removed due to the fact that all types of garbage were being put into the container other than just recycling. There was a discussion with respect to this matter and Councilwoman Hayden asked the Township Manager to check to see if there is some sort of recycling container with a slot at the top where you could fit in junk mail but not large garbage items. Councilman Williams noted that one should be very careful to screen junk mail since if someone gets access to certain types of mailings, which include checks there could be problems.

Councilman Atkinson questioned the work currently being done on the swale by Allendale Apartments. The Township Manager indicated that she is unaware of the situation but knows the Township is doing no work in the area. The Township Manager indicated that she would look into the matter and report back to Mr. Atkinson. Councilman Atkinson also commented that he has taken a run through the Township after the extensive rain we’ve had in the past and saw no problems in any areas of the Township. Councilman Atkinson also inquired whether or not the bid for Road Program has been awarded and the Township Manager indicated that it has indeed been awarded. Councilman Atkinson then noted that since Breneman did not receive the bid award, who would be fixing the problems in the Troxell Street area. Chairman Paulus commented that he thought that was in the contract. Councilman Atkinson noted that he did not feel the Township should be paying for that work. It was discussed that Breneman should have done the repairs. The Township Engineer would need to be contacted with respect to how this matter is being handled.

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

The Township Engineer was not present at the meeting and offered no report at this time.

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

1. The Township Attorney advised the Board that they had previously authorized the Township Manager to sign the contract with Municipal Energy Managers as revised to take care of some of the issues to the Township’s satisfaction. There was correspondence back and forth between our office and Municipal Energy Managers and I provided Council with a summary regarding this matter. Basically, the agreement states that there is no charge unless the Township agrees to go through with Stage 2. If the Township does not agree, then the Township is prohibited to do this type of arrangement with someone else for five years..

2. As Council is aware, correspondence had been forwarded to Councilman Williams with respect to his inquiries as to residential preferences for public parks. Chairman Paulus noted that we have done research in the past and found that as many residents as nonresidents are renting the park pavilion facilities. Councilman Williams noted that does not really remedy the situation where the residents can rent the pavilion areas. As noted in the Township Attorney’s correspondence, in both Sherwood Park and Chestnut Grove Park, the Township could make arrangements to show preference for rental in the pavilion areas in those parks to residents.

Councilwoman Hayden commented on what gristmill components were found at Canal Park in the old Sportsmen’s Club facility. Councilman Atkinson commented that in the cleaning process the Township’s Public Works people found the gristmill components and they have been given to the Historical Society who were most appreciative of same.

4. Maintenance Report

5. Fire Company's Report

6. Code Enforcement Officer's 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 a written Building Inspector’s Report and same were noted for the record.

With respect to the Maintenance Report, Councilwoman Hayden questioned the cost to the Township to have Public Works personnel cleanup the park pavilion areas. It was noted that the cost is somewhere between $100 to $125 and only occurs when there are back-to-back rentals at one of the Township parks. It appeared that the rental fees charged are sufficient to take care of the Township’s cost. With respect to the Code Enforcement Officers’ Reports, there was discussion with respect to Mr. Yoder’s report regarding the problem at the Pocono Downs facility recently at the big horse race that was held at that time. The Township Manager commented that the Township can issue parking citations. In the report, Mr. Yoder noted that the state police indicated that this is the Township’s problem and the Township would have to deal with it. The Township Attorney noted that the Township could by ordinance provide very substantial fines for organizations, which allow individuals to park in non-parking areas. With respect to an approved land development plan, there is a certain amount of open space, which must be maintained. Councilwoman Hayden questioned whether the Township could send Pocono Downs a letter asking them to have their security do something to control these types of situations. Councilman Williams noted that the state police cannot arrest people for parking illegally. It was his feeling that The Downs’ own security should handle the situation and tow people away if necessary. It was further noted that the Township Manager should contact Mr. Yoder to have a discussion with respect to the comments made by the state police.

There was discussion with respect to the parking situation on the curb area on Ulster Street. It was the consensus of the Board that this area, which is approximately 80 feet should be signed for No Parking on both sides of the roadway. The Township Manager advised that such an ordinance could be prepared and be available for an upcoming Council meeting. There was also a discussion with respect to a notation in the Code Enforcement Officers’ Reports with respect to a property on Pennsylvania Avenue and the cleanup of garbage on that property. The Township Manager was requested to check same to make sure that there is compliance. Councilman Atkinson questioned the Township Manager as to whether or not there was any response to the correspondence she had sent to the parents of two individuals who were caught in Canal Park after dark with their skateboards in hand. The Township Manager advised that she has had no response.

8. Treasurer's Report

Motion: ------- I move we accept the computer printouts dated July 21, 2004, for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

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

Unfinished Business:

There was a discussion initiated by Councilman Atkinson as to whether or not the problem with the Recorder of Deeds involving the Microtel property had been resolved. The Township Clerk advised that there have been discussions back and forth and that the buyer of the property initially had not understood how to handle the matter but it had been resolved.

New Business: None

Payment of the Bills:

Motion: ------- I move Council authorize payment of Voucher Nos. 10455-10460 (6/30/04 EOM Prepaids), Voucher Nos. 10461-10462 (7/21/04 EOM Prepaids) Voucher Nos. 10463-10522, Payroll dated 6/18/04, Payroll dated 7/2/04, Payroll dated 7/16/04; BC Wire Transfer (July); Wire Transfer (August), from the General Fund Account in the amount of $691,131.60; Voucher Nos.1465 (7/21/04 Prepaids), Voucher Nos. 1468-1479, from the Capital Reserve Account in the amount of $119,311.69; Voucher Nos. 1206-1210, from the Escrow Account in the amount of $2,984.50; Voucher Nos. 1446- 1457 from the Water Account in the amount of $38,878.25; Voucher Nos. 2342-2355 from the Sewer Account in the amount of $32,236.83 for a Grand Total Expenditure of $884,542.87.

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

Courtesy of the Floor: None

Adjournment:

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

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager