Hanover Township, Lehigh County April 6, 2016

Regular Council Meeting- 1 -

HANOVERTOWNSHIP, LEHIGHCOUNTY

REGULAR COUNCIL MEETING

April 6, 2016

7:30 P.M.

Present:Councilmen Lawlor, Paulus, Woolley; J. Jackson Eaton, III, Esquire; Al Kortze, P.E.; Sandra A. Pudliner; Vicky Roth

Absent:Councilman Heimbecker, Wegfahrt

Attendance:8

Courtesy of the Floor:

Robin Yoder, Township Fire Chief, approached the Board with respect to the proposed

purchase of the new pickup truck for the Fire Company. He advised the Board that he

had gone to Milham Ford per their request and the salesperson reviewed the specs line by

line. There were a number of things different from the prior spec. Mr. Yoder noted he

had deleted the V8 engine and that the striping on the vehicle will be done separately.

There will be rear posi traction and he has added a rear camera. All in all Mr.

Yoder indicated the spec has gone down by $1,131. The new cost would be $29,752. He

noted that both this estimate and the prior one were both under the Costars Program.

Council indicated that they had no problem with Mr. Yoder proceeding with the purchase

of the fire truck at this time.

Opening of Bids:

1.Bid No. 2016-03, Postal Rd. Culvert Replacement

Council proceeded with the opening of the bids relative to the project titled, Postal Road Culvert Replacement. In that regard, in addition to a 10% Bid Bond, the following is a summary of the bids received:

JC Sons Excavating, Inc.Bid Amount - $262,505.00

Nimaris Construction, LPBid Amount - $297,947.59

Sikora Brothers Paving, Inc.Bid Amount - $356,875.00

CriLon Corp.Bid Amount - $362,886.97

Construction Masters Services, LLCBid Amount - $422,275.00

Doli Construction Corp.Bid Amount - $459,290.00

Chairman Paulus noted to all present that the apparent low bidder is JC Sons Excavating, Inc. of Allentown, PA, in the amount of $262,505.00 and, in that regard, the Board made the following Motion:

Motion:I move that Bid No. 2016-03, Postal Road Culvert Replacement, be awarded to JC Sons Excavating, Inc. of Allentown, PA in the amount of $262,505.00 subject to the review and approval of the Township Engineer.

Paulus, Lawlor: Moved and Seconded

Lawlor, Woolley, Paulus:AyeUnan.

Approval of Minutes: March 16, 2016 Regular Council Meeting

Motion:I move we waive the reading of the Minutes of the March 16, 2016 Regular Council Meeting and accept same as presented.

Paulus, Woolley: Moved and Seconded

Lawlor, Woolley, Paulus:AyeUnan.

Reports:

1.Sandra A. Pudliner

Township Manager

  1. The Township Manager advised the Board that she has provided them with an invitation from Troop M State Police regarding their Memorial Day ceremony on Monday, May 2, 2016 at 10:00 a.m. She requested that Council advise who would attend on behalf of the Township. Chairman Paulus noted that he would attend and that since some Councilmembers are absent from this meeting, we would have to check with them regarding attendance. Mr. Lawlor indicated he was not available and Mr. Woolley indicated he would need to check his schedule.
  1. The Township Manager advised Council that she has provided them with a list of the Resolutions which will be considered at the upcoming 2016 PSATS Convention which will be held in Hershey, PA. The Township Manager noted that she has indicated which items she felt were of particular importance to the Township.
  1. With respect to Council’s request regarding the ongoing status of Building Code issues, the Township Manager noted that she has provided the Board with copies of correspondence issued by the Township’s Building Code Official with respect to a property on Troxell Street and a property on Ulster Road which are in current violation of the Code.

2.Al Kortze, P.E.

Township Engineer

1.The Township Engineer advised the Board that with respect to the Willowbrook Road Sewer Interceptor Project, that project is close to completion.

2.With respect to the renovation of the Township’s Sherwood Park Tennis Courts, the Township Engineer noted that he is getting the paperwork together with respect to preparation for the work. He is in the process of going through the bids and providing a letter of recommendation regarding the low bidder.

3.J. Jackson Eaton, III, Esquire

Township Attorney

1.As Council may recall with respect to potential litigation against the City of Allentown by the Lehigh County Authority involving affected municipalities, the Township Attorney noted that an attorney has not been selected at this time to represent LCA and other municipalities. When an attorney is selected, the Township Attorney advised that he would provide the Board with that information.

2.The Township Attorney noted that as the Board may recall last year a question came up regarding insurance for release of confidential information. Attorney Eaton indicated that intentional release of information would be covered with the exception of certain officers of the Township, i.e. the Township Manager and Council Chairman, who would not be covered. At that time, the Township asked the Township’s insurance broker to seek insurance that would provide coverage to include the Chairman of the Board and the Township Manager. However, the broker has advised that the exception is standard in all insurance coverage policies and if the officers do something intentional, the Township would be liable.

3.As the Board may recall, the property on Race Street which recently went to a Magistrate’s hearing at which time the Defendant was found guilty has now been appealed to the Court of Common Pleas of Lehigh County. Accordingly, the Township will be required to file a Complaint in that matter in the Court of Common Pleas.

4.With respect to the FedEx Agreement, that Agreement has been signed. The Agreements attached to that Attorney Eaton noted are still going through fine tuning. The Township Attorney advised that PennDOT has given the Township a draft letter allowing us to withdraw our application for the traffic signals if the project would not go through. Attorney Eaton noted there is still discussion over taking over the road. The legislation for PennDOT to do so has been passed and is now going to the Governor.

5.Vice Chairman Heimbecker had raised issues involving the Township’s compliance with certain information they received from Fire Inspections. In that regard, the Township Attorney indicated he had met with the Fire Chief, the Building Code Official and the Fire Marshal but that he felt it best to wait until Mr. Heimbecker was present at the meeting to review that matter.

Unfinished Business:

1.Councilman Woolley raised the issue of the status of the installation of a soccer net in Sherwood Park. Jeff Mouer, Township Maintenance Supervisor, was in attendance at the meeting and reviewed with the Board at this time the current status of that matter. Mr. Mouer indicated that he did some research and also talked with the residents for clarification as to what they would need. Mr. Mouer noted there are different size nets, etc. Mr. Mouer noted that the south side of the tennis court in that area might be okay but that he also looked at center field back in the corner. He indicated that looking at GIS from home plate to that area is 395 plus feet. Currently, the ballfield is being used by adult softball teams, girl’s softball teams and little league. In Mr. Mouer’s opinion, either location described above would be okay but he noted that if the Township is purchasing a soccer net then he would suggest that a better one be purchased. The range that he has reviewed is anywhere from $2,000 to $9,000. He thought that something in the area of $3,500 might be acceptable. Chairman Paulus indicated that he thought the Maintenance Supervisor should do some more research with respect to the priceand get back to the Board at the next meeting.

New Business:

1.Resolution No. 2016-26, A Resolution Authorizing the Township Clerk to Sign the Designation of Agent Resolution for the Purpose of Obtaining Financial Assistance for the Severe Winter Snowstorm on January 22-23, 2016 (Vote)

In resolution of this matter, the Board made the following Motion:

Motion: I move that Resolution No. 2016-26, A Resolution Authorizing the Township Clerk to Sign the Designation of Agent Resolution for the Purpose of Obtaining Financial Assistance for the Severe Winter Snowstorm on January 22-23, 2016, be adopted as presented.

Paulus, Lawlor:Moved and Seconded

Lawlor, Woolley, Paulus:AyeUnan.

2.Resolution No. 2016-27, A Resolution Proclaiming May 2, 2016 as Pennsylvania State Police Day in Hanover Township (Vote)

In resolution of this matter, the Board made the following Motion:

Motion: I move that Resolution No. 2016-27, A Resolution Proclaiming May 2, 2016 as Pennsylvania State Police Day in Hanover Township, be adopted as presented.

Paulus, Woolley: Moved and Seconded

Lawlor, Woolley, Paulus:AyeUnan.

3.Bill No. 2016-01, An Ordinance Amending Chapter 15, Part 2 of the Statutory Code of Hanover Township to Declare the Operation of an Engine Brake Installation Upon or in a Motor Vehicle not Equipped with Exhaust Mufflers or Equipped with Inoperable or Modified Exhaust Mufflers so as to Permit the Creation of Excessive Noise Through the Employment of Said Engine Brake to be a Nuisance in Fact; to Establish Penalties for the Violation of Said Ordinance and to Establish Exceptions to the Enforcement of Said Ordinance in Emergency Situations (Introduce)

The Township Attorney advised the Board that he has provided them with a new copy of this proposed legislation which addresses an error in Section 209.2(b) where the word eastward should be “westward”. The Board acknowledged the amendment and Chairman Paulus introduced Bill No. 2016-01 at this time with a Public Hearing on same to be held on Wednesday, April 20, 2016 at 7:30 p.m.

4.Bill No. 2016-02, An Ordinance Amending Chapter 4, Part 4 of the Statutory Code of Hanover Township to Adopt the International Property Maintenance Code, 2015 Edition (Introduce)

The Township Attorney advised the Board that in discussions with the Township’s Building Code Official he has recommended that the Board adopt the new BOCA Building Code 2015 Edition. In the past, the Board has chosen to stay with the 2003 Code because subsequent revisions removed certain specific language that the Building Code Official felt still should be in place. The 2015 Edition places that language back into the Code. In resolution of this matter, Chairman Paulus indicated that Bill No. 2016-02 is introduced at this time with a Public Hearing to be held on Wednesday, April 20, 2016 at 7:30 p.m.

Courtesy of the Floor: None.

Adjournment:

The meeting was adjourned at 8:00 P.M.

Respectfully submitted,

Sandra A. Pudliner

Township Manager