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

Absent: ------------------ 0

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

Courtesy of the Floor: None

Approval of Minutes: ---------- Sept. 1, 2004 - Regular Council Meeting
-------------------------------- Aug. 30, 2004 - Special Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the Regular Council Meeting of September 1, 2004 and accept same as presented.

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

Motion: ------- I move we waive the reading of the Minutes of the Special Council Meeting of August 30, 2004 and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager advised the Board that she has provided them with copies of correspondence relative to the finalization of the case of Olsen vs. Hanover Township. She advised the Board that as they will note the Township has been dismissed from any claims “without prejudice” to the other party’s rights to rejoin the Township in the event that subsequent discovery were disclosed that the Township has some potential culpability in this matter. However, it was extremely unlikely that will ever occur.

2. The Township Manager advised the Board that she has provided them with a copy of correspondence from the City Engineer of the City of Bethlehem relative to the ongoing concerns over the F.L. Smidth (Fuller) drainage swale issue. The Township Engineer commented that it appears that Bethlehem is blaming the problem on the increase of stormwater from Schoenersville Road, which the Township Engineer indicated is not the case. It was noted that the City Engineer suggest that a meeting be scheduled to further discuss and elaborate on the city’s conclusions in this matter. In that regard, the Township Manager was directed to contact the City’s Public Works Director, Mr. Alkhal to determine the feasibility of such a meeting and who would attend said meeting.

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

1.) The Township Engineer advised the Board that Vice Chairman Atkinson, Ryan Christman from his office, and he attended a meeting with the Department of Environmental Protection in Wilkes-Barre to review the Township’s plans for the Canal Park area. Mr. Hay noted that this was a preapplication meeting for them to introduce themselves to DEP. We had provided them with aerial photos and GIS information at the time of the meeting and received direction from them as to who to contact, which parties included the Army Corps. of Engineers, the Pennsylvania Fish Commission, the Pennsylvania Historic Commission, and the Heritage Corridor. Vice Chairman Atkinson noted that they didn’t appear to have any problems from their end. The Township Engineer noted that some issues include conveyance capacity for 100-year storm and bank stability. The Township Engineer also advised that a meeting has been scheduled for the Fish Commission next Thursday. Mr. Hay advised that his office would also contact a representative from the Army Corps. of Engineers to schedule a meeting. It was noted that in the course of the meeting with DEP, the Township corrected their misunderstanding that Catasauqua Lake was part of this project. It was also noted that the Borough of Catasauqua, also appears to have an interest in the County-owned property in the area of this project. However, the Township has no idea what Catasauqua’s idea of improving that area would be.

2.) With respect to the 2004 road program, the Township Engineer advised that there will be some extras. He noted that when the contractor removed some of the inlets it was apparent that the concrete had deteriorated and needed to be replaced. With respect to the widening of Postal Road, some damage occurred and buried facilities were hit.

3.) Council should be advised that the Troxell Street gas ditch has been filled. .

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

1.) The Township Attorney noted that he had very little to report at this time. He did note, however, that there is no further information on the airport tax assessment appeals. As Council will recall, the airport filed an appeal to the Supreme Court, but the Supreme Court has not yet ruled on the matter.

Councilman Atkinson brought to the Township Attorney’s attention the recent article in the newspaper regarding the slot legislation possibly being reopened. The Township Attorney indicated his feeling that he thought it might be unlikely. However, if a bill is going through, the Township could try to get a rider on it. He advised the Board that he would like to review the article and speak to Senator Boscola and State Representative Rooney again.

4. Maintenance Report

5. Fire Company's Report

6. Code Enforcement Officer's Report

7. Building Inspector's Report

Chairman Paulus acknowledged receipt of a written Maintenance Report, written Code Enforcement Officers’ Reports and a written Building Inspector’s Report and same were noted for the record. Due to the holiday occurring at the same time as the Fire Company’s monthly meeting, the Fire Company offered no report at this time. The report would be available at a later date

It was noted that the Maintenance Report commented on the purchase by the Township of several tables from the Christ Evangelical Lutheran Church. Councilman Kovacs noted that the tables were like brand new and could be utilized by the Township for various purposes. With respect to the Building Inspector’s report, there was a discussion regarding the openings of Amazon Café and the Dunkin Donuts. Councilman Atkinson noted his concern over the stormwater inlet which has dropped near the driving lane of the Dunkin Donuts facility. It was determined that the Township Engineer would look at that situation.

8. Treasurer's Report

Motion: ------- I move we waive the reading of the Minutes of the Regular Council Meeting of September 1, 2004 and accept same as presented.

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

Unfinished Business: None

New Business:

1.) Resolution No. 2004-30, A Resolution Designating an Area of Compliance in Accordance with Chapter 4, Part 4, Section 402, 104.3.2(B), of the Statutory Code of Hanover Township (Vote)

The Township Attorney commented that by way of resolution the Township may designate an area of the Township for reinspection and everything in that area would be reinspected for fire/safety issues during the time period designated in the resolution. He noted the Township cannot randomly send people out to inspect the facilities in the Township since same would be in violation of the constitution and accordingly the Township adopts a resolution to designate a particular area at a time. In resolution of this matter, Council made the following motion:

Motion: ------- I move that Resolution No. 2004-30, A Resolution Designating an Area of Compliance in Accordance with Chapter 4, Part 4, Section 402, 104.3.2(B), of the Statutory Code of Hanover Township be adopted as presented.

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

2.) Resolution No. 2004-31, Adopting the Capital Program for the Years 2005-2009 (Vote)

The Township Manager advised that the attached Capital Program represents all the changes made by the Board to the proposed program during the course of the public hearings held on this matter. In resolution of this matter, Council made the following motion:

Motion: ------- I move that Resolution No. 2004-31, Adopting the Capital Program for the Years 2005-2009 be adopted as presented.

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

Payment of Bills:

Motion: ------- I move Council authorize payment of Voucher Nos. 10583-10585 (Prepaids), Voucher Nos. 10586-10638, Payroll dated 8/27/04, from the General Fund Account in the amount of $131,530.74; I move Council authorize payment of Voucher Nos. 10583-10585 (Prepaids), Voucher Nos. 10586-10638, Payroll dated 8/27/04, from the General Fund Account in the amount of $131,530.74; Voucher Nos. 1495-1502, from the Capital Reserve Account in the amount of $6,408.46; Voucher Nos. 1214-1218, from the Escrow Account in the amount of $12,695.00; Voucher Nos. 1468-1476 from the Water Account in the amount of $2,875.96; Voucher Nos. 2368-2379, from the Sewer Account in the amount of $40,048.19 for a Grand Total Expenditure of $193,558.35.

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

Courtesy of the Floor:

Mr. Joseph Feskanin, 1680 N. Irving St., Allentown, PA, approached the Board at this time and noted that he attended all the public hearings on the Township’s Five Year Capital Program and requested that he be provided with a copy of same.

Mr. Skip Keim, 1635 N. Halstead St., Allentown, PA, appeared before the Board and advised that he had an opportunity to utilize the Township’s pavilion area at Canal Park for a picnic sponsored by his church. Mr. Keim further noted that he has a problem with trying to dispose of yard brush and yard debris. He noted that other Townships have an agreement with other municipalities to use their recycling yard. Chairman Paulus commented that we never had that type of situation because the Township’s garbage collector will take such debris. Mr. Paulus further noted that the Township Manager could ask the Public Works Director what he would recommend. Mr. Keim further advised that the other Hanover Township in Northampton County uses Bethlehem and the residents are charged between $20.00 and $25.00 and receive a card and they can then dispose of their yard waste at the Bethlehem Recycling Yard. There is an agreement in place between Hanover Township, Northampton County, and the City of Bethlehem regarding this matter. The Township noted that Hanover Township has no such agreement with either the City of Allentown or the Borough of Catasauqua.

Mr. Keim questioned whether the $10,000 grant, which the Township is still looking to receive for Canal Park is a state grant. It was noted that it is a state grant. Mr. Keim also noted that the fire company recently received a grant. Council advised that the fire company did indeed receive a $10,000 grant, which they received solely as a volunteer fire company from the state.

Mr. Keim also questioned the Board as to whether or not the Township has a tree committee. Chairman Paulus advised that the Township does not have such a committee but does have a tree ordinance for street plantings. Anything on your property would be up to the individual, Mr. Paulus commented. The Township Engineer noted that Lehigh Valley Industrial Park has its own landscape architect. Mr. Hay also noted that the Township lists different species of trees in the Subdivision and Land Development Ordinance.

Mr. Keim also brought to the Board’s attention his concern over the need for the Township to reevaluate the rip rap area located in the area of Lehigh Fuels on Irving Street. Mr. Keim felt that the rip rap is backing up the topsoil. The Township Engineer commented that he would look at it, but also that the Township needs to protect the bank.

Mr. Keim questioned the adopted resolution for reinspections and asked if that matter could be explained to him. The Township Attorney advised that Hanover Township has a building code. There is a provision that all commercial/industrial properties be reinspected every five years. The Township has been divided into areas and every year the Township designates one area and reinspects the properties at that location.

At this point in the meeting, the Township Manager provided the Board with a copy of a description of a piece of equipment which the Township could utilize to cleanout the Canal as well as other areas in the Township. The Township Engineer noted that there would be other uses for the equipment, for example like cleaning out the swale on Lower Lloyd Street. Mr. Keim noted that he is somewhat familiar with this type of equipment and that it does have a long life span of 15 to 20 years. What wears on the equipment in his opinion would be the hydraulics and he noted there is a need to change air filters constantly. Mr. Keim did question the rotation of the head of the equipment to be able to cut trees, etc. at different angles. The Township Manager noted that she would check with the Public Works Director regarding same.

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:10 P.M.

Hayden, Kovacs: Moved and Seconded

Atkinson, Hayden, Kovacs, Williams, Paulus: ------- Aye ------- Unan.

Respectfully submitted,

Sandra A. Pudliner
Township Manager