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

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

Attendance: ---- 4

Courtesy of the Floor: None

Approval of Minutes: ------ December 30, 2009 Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the December 30, 2009 Special Council Meeting End of Year be adopted as presented.

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

At this point in the meeting, Chairman Paulus advised all in attendance that the Board would address the first item under New Business at this time.

New Business:

1.) Inter-Municipal Liquor License Transfer – Roma Ristorante, 925 Airport Center Drive, Allentown, PA 18109. (Public Hearing).

In attendance at the meeting on behalf of the applicant appeared Attorney George M. Baurkot, as well as the applicant, Nicolo Grisafi. Attorney Baurkot presented the Board with the layout of the proposed restaurant. He noted that this transfer is from Whitehall Township into Hanover Township and that his client needs the Township’s approval for same. Attorney Baurkot noted that his client has operated A Taste of Italy also located in the Township for eight years and never had any issues with the Liquor Control Board regarding that facility. Hours of operation, seating capacity, etc. were stated for the record. It was noted that the menu choices would basically be the same as the current A Taste of Italy restaurant. There would be no B.Y.O.B. A full transcript of the proceedings for the hearing on the Inter-Municipal Liquor License Transfer is available for review at the Township Municipal Building. In resolution of this matter, the Board made the following motion:

Motion: --- I move that Resolution No. 2010-22, A Resolution of the Township of Hanover, County of Lehigh, Commonwealth of Pennsylvania, approving the transfer of Restaurant Liquor License No. R-13791 into Hanover Township from Whitehall Township be adopted as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

1.) 1. The Township Manager advised the Board that she has been in contact with the architectural firm of Kimmel Bogrette with respect to moving forward with the proposed construction of a new municipal building. As Council will recall, sometime ago Kimmel Bogrette provided the Board with a proposal for all the work and a copy of same has been provided to the Board. Representatives from Kimmel Bogrette would like the Township to authorize the Township Manager if said proposal is acceptable to execute same in order that the matter can proceed. There was discussion with respect to a recent meeting held with Kimmel Bogrette also attended by Chairman Paulus and Vice Chairman Dreisbach and the Township Manager with respect to Kimmel Bogrette’s bids which had been put out for civil engineers as well as MEP engineering and structural engineering. Mr. Kimmel of Kimmel Bogrette advised that the first bids were way out of line and that he had gone back with the firms involved and indicated it appeared that they had misjudged the scope of the work that would be required. Accordingly, new bid amounts were secured which were more in line with what the scope of the project encompasses. It is the intent of Kimmel Bogrette to proceed but they acknowledge that the Board needs to approve the final selection of the civil engineer, as well as execute a contract with Kimmel Bogrette. There was also discussion with respect to the fact that the architectural firm had provided the Township with plans and indicated that if they wish to do so they should indicate on same the placement of outlets in the various rooms. If the Township did not wish to do so, then the architectural firm would use their best judgment to do so.

The Township Attorney advised that he would appreciate the opportunity to look over all the documents prior to execution of a contract by the Township. However, to move the matter forward, the Board made the following motions:

Motion: --- I move that Hanover Township accept the firms to be engaged by Kimmel Bogrette for civil engineering, MEP engineering, and structural engineering.

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

Motion: --- I move we accept the proposal of Kimmel Bogrette with respect to architectural and engineering services for the Hanover Township new administration and public works building and authorize the Township Manager to execute same subject to approval of the Township’s Attorney.

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

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

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

At this point in the meeting, Councilman Kovacs provided the Board with a report regarding the recently held Lehigh County Association of Township Officials Winter Convention. Councilman Kovacs indicated that two representatives of PSATS attended the convention. He noted that Keystone Consulting Engineers had been generous enough to provide for the entertainment at the convention which was very enjoyable. Councilman Kovacs further noted that it was an enjoyable time for all with good food, good entertainment and a good source of information which can be utilized by municipalities.

Councilman Kovacs also indicated that he and Councilman Atkinson signed up for attendance at a workshop on natural resource inventory and indicated that if any of the other Board members wish to attend, they should simply advise the Township Manager to have them registered.

Councilman Kovacs also indicated that he feels that the contractor has done a good job to date on the Race St./Willowbrook Rd. project. Councilman Kovacs, however, felt that the intersection of Airport and Catasauqua Rds. is a problem and he is of the opinion that they have expanded the time for cars traveling from Route 22 to Catasauqua Rd. and depleted some of the time for cars traveling east to west. Councilman Kovacs felt that the light at the new shopping center on Airport Rd. seems to be fine. Councilman Atkinson commented that he feels that the timing is variable during the day time hours.

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

1.) The Township Attorney advised that the animal control services contract has been resolved and executed by the Township Manager. He noted that other items are on the agenda.

Unfinished Business: NONE

New Business:

3.) Bill No. 2010-01, An Ordinance to Regulate Use of Temporary Utility Trailers Storage Containers, Job Site Construction Office Trailers and Job Site Sales Office Trailers in the Township. (Introduce).

The Township Attorney advised the Board that he has attempted to redraft this proposed ordinance in light of discussions at previous Council meetings. Attorney Eaton noted that he has provided that the trailers or containers as defined in the ordinance are allowed there for a period of five days and if there for more than five days a permit is required. With respect to permitting an extended seasonal use, Attorney Eaton noted that the ordinance contains a provision to allow same for a period of up to 30 days for the number of storage containers or temporary utility trailers otherwise permitted on such lot; however, no more than two such extended use periods may be granted for any lot during any calendar year. Attorney Eaton further indicated there is a provision that the trailers are only allowed in the rear of buildings. No stacking is permitted. The Township must establish fees and determine how the Township wants to distinguish between the types of trailers. Mr. Dean Hausman, Constable, questioned the Township Attorney as to whether or not this ordinance would also apply to residential properties. Attorney Eaton noted that it is applicable anywhere in the Township. Mr. Hausman indicated that he is aware that certain residential properties may utilize cargo trailers for storage of snow mobiles in the off season. Attorney Eaton noted that the Township could put an exception for residential in the category of temporary utility trailers. Upon further review of the ordinance; however, it was noted that Section 702(j) would appear to take care of concerns regarding residents since it would allow a storage container of one per lot for the first 20,000 square feet. There was discussion with respect to the fact that the Township’s Code Enforcement Officers would have to enforce these provisions set forth in the proposed ordinance. The Township will need an application form and stickers which would indicate the dates for which the trailer is allowed to be on a property. There was also a discussion regarding the Township Attorney checking on the status of pods under this proposed ordinance. In any event, Bill No. 2010-01 was introduced at this time with a public hearing on same to be held on Wednesday, January 20, 2010 at 7:30 P.M.

4.) Resolution No. 2010-23, A Resolution Granting the Requirement of the Reduction of the Letter of Credit, Airport Center, L.P. (Vote).

The Township Manager noted that this represents Release No. 9. It was noted by the Board that considering the remaining work left on this project and the approval of said reduction by the Township Engineer they had no problem with the adoption of this resolution. Accordingly, the Board made the following motion.

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

Motion: --- I move that Resolution No. 2010-23, A Resolution Granting the Requirement of the Reduction of the Letter of Credit, Airport Center, L.P. be adopted as presented.

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

5.) Bill No. 2010-02, An Ordinance Authorizing the Transfer of Approximately 625 Square Feet of Property (Introduce).

The Township Attorney advised that this proposed ordinance is required to transfer the real estate which relates to the approved settlement of the condemnation regarding the Witko property. Bill No. 2010-02 was introduced at this time with the public hearing on same to be held on Wednesday, January 20, 2010 at 7:30 P.M.

At this point in the meeting, there was a discussion relative to a proposed amendment to the Zoning Ordinance to add the definition of pole building and to restrict its use in residential zones. The Township Attorney advised the Board that at their direction he had prepared this proposed amendment to the Zoning Ordinance. There was a discussion with respect to the definition of pole building contained therein and the Township Attorney would check with the Building Code Official regarding same. It was noted that there are provisions that no pole building in the PR, MR or PUD Zoning District may exceed the height of nine feet including pad. Further provision in the ordinance sets forth that accessory buildings in a PR, MR or PUD Zoning District should not exceed nine feet in height except a building used as a garage for motor vehicles with a garage door opening not exceeding a height of eight feet. There was also a discussion that language be added to require vertical walls in such buildings. Councilman Kovacs questioned the status of the removal of the Avon sign on the property on Pennsylvania Avenue. The Township Manager noted that she has corresponded with the property owner indicating that if they are taking a position regarding grandfathering, she needs to be provided with an affidavit indicating the length of time the sign has been in existence. No response has been received to date.

There was also a discussion regarding correspondence from the Township Attorney to the Township Manager’s questions regarding enforcement of ordinances on private property. The Township Attorney noted that the Township Code Enforcement Officers cannot police conduct on private property. They can enforce passive Township ordinances.

Adjournment:

The meeting was adjourned at 8:30 P.M.

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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