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Township Meeting - Minutes

HANOVER TOWNSHIP, LEHIGH COUNTY
REGULAR COUNCIL MEETING

December 3, 2008
7:30 P.M.

Present: ---- Councilwoman Hayden, Councilmen Atkinson, Dreisbach, Kovacs, Paulus; J Jackson Eaton III, Esquire;
-------------------- Frederick P. Hay, P.E.; 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: ---- 0

Attendance: ---- 1

Courtesy of the Floor: None

Approval of Minutes: ------ November 19, 2008, Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the November 19, 2008 Regular Council Meeting and accept same as present.

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

Reports:

1. Sandra A Pudliner
Township Manager

1.) Township Manager advised the Board that she has provided them with information regarding the 2009 Winter Convention of the Lehigh County Association of Township Officials. Mrs. Pudliner noted that the Convention would be held on Friday, January 9, 2009 at the Fogelsville Volunteer Fire Company, Fogelsville, Pennsylvania. Councilman Kovacs indicated he would attend the Convention. The Township Manager advised the other Board members that should they wish to attend she would register them along with Councilman Kovacs.

2.) The Township Manager reminded the Board that the adoption of the 2009 Budget is scheduled for Monday, December 15 at 4:00 P.M. It was noted that the end of year bill meeting would be held on Tuesday, December 30, 2008 at 4:00 P.M.

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

1.) The Township Engineer advised the Board that with respect to the low spot on Catasauqua Rd. as a result of the construction for the shopping center project, the Township has received the fourth redesign to correct the flooding issue on Catasauqua Rd. He noted that upon brief review it looks like the proposal will work. He noted that they have to fix the problem. The proposal to remedy the flooding problem is to raise the paving starting at the beginning of the bend in Catasauqua Rd. running toward Airport Rd.

2.) With respect to the Race St./Willowbrook Rd. Signal Light Project, the Township Engineer advised that Penn DOT has sent another review letter with 15 comments on it. There was considerable discussion with respect to the continual comments by Penn DOT on the Township’s proposed signalization of the intersection. The Township Attorney suggested that the Township document, all the submittals to Penn DOT from the conception of the project to the present time and after that has been accomplished a meeting could be scheduled with the State Senator to determine if anything can be done to expedite this matter. With respect to finalization of the right of way, the Township Engineer noted that it will be necessary to extinguish the easements and then execute a permit with the state. That has to be accomplished by PPL, UGI and Verizon.

3.) With respect to lighting at the Airport Rd./Schoenersville Rd. intersection, the Township Engineer noted that his firm has done a survey and has exact elevations for the runways. This information will be submitted to the FAA for their approval.

4.) With respect to the construction on Schoenersville Rd. within the City of Bethlehem which tied into the swale (F.L. Smidth formerly Fuller), the Township Engineer indicated that Penn DOT requires drainage release when going onto private property. In this instance, the property of Tri-City Powersports located within the Township was never approached for such drainage release. The Township Attorney indicated that he will speak with the Township Manager and Township Engineer regarding this matter and have a recommendation for the next meeting.

There was some general discussion with respect to the construction of the Airport Rd. Shopping Center. Councilman Atkinson raised a concern with respect to the two lanes southbound on Airport Rd. up to the entrance of the shopping center becoming one lane after that point. He noted that it appears nothing is being done to necessitate the one lane. There was also some discussion with respect to the owner of the Microtel meeting with Township staff and the engineer for the developer of the Airport Rd. Shopping Center to discuss his issues with respect to the entrance to his hotel and the impact of the construction resulting in loss of business to that establishment. That meeting it was noted is scheduled for Thursday, December 4, 2008 at 1:30 P.M. at the Township Municipal Building.
3. J. Jackson Eaton, III, Esquire
Township Attorney
1.) The Township Attorney advised that the Township has received the Letter of Credit for the Firestone project on Airport Rd.

2.) The Township Attorney advised that Liberty Property had appealed two parcels; namely, 974 and 944 Marcon Blvd. to the Lehigh County Assessment Office. No relief was granted and they have now taken an appeal to the County Court. The Township Attorney advised that it was his opinion that we follow our standard procedure and allow the county and the school district to fight this matter and that he would monitor that progress on behalf of the Township.

3.) The Township Attorney advised that no agreement could be reached with the Witkos relative to the Witko Condemnation, even though appraisals were exchanged between the parties. Accordingly, this matter will be going to a Board of Review for disposition.

There was discussion at this point in the meeting relative to the Woodlawn Cemetery property which had been proposed for rezoning. Additionally, there is the subject of the proposed new ordinance regarding the box stores. The Township Attorney noted that the Developer most likely felt that they would like to discuss with potential developers what is proposed by the Township. Attorney Eaton felt that possibly they thought it was a better idea to advise potential developers of what the proposed law is up front. It was noted that the Township does not need to take any action with respect to rezoning the property. The proposed ordinance regarding box stores also does not need to be acted upon at this time.

Unfinished Business: NONE

New Business:

1.) Resolution No. 2008-37, A Resolution Establishing an Open Records Policy in Hanover Township (Vote)

The Township Attorney advised that further revisions to the draft provided to the Board involves fees. The state has indicated that paper copies would cost between 10 and 25 cents. We have inserted 15 cents per page per side in the proposed resolution since that is the charge which currently exists in the Township’s Fee Resolution. With respect to certifications, the Township charges $2.00 and the state has indicated a $1.00 certification fee. The Township Attorney noted that he had called them and emailed them regarding this issue. If the state responds that the Township may charge $2.00 for a certification, then we can revise that figure. It was noted that the Township should review its Fee Resolution to make sure that same confirms to the fees. In resolution of this matter, the Board made the following motion:

Motion: --- I move that Resolution No. 2008-37, A Resolution Establishing an Open Records Policy in Hanover Township be adopted as presented.

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

At this point in the meeting, the Township Attorney gave Council a copy of a memo he has sent to Sandra Pudliner concerning the new Right to Know Law which will be effective January 1, 2009. The Township Attorney has reviewed the new law and noted new procedures must be followed. He has condensed this into a summary showing the applicable points for Hanover Township. A Resolution will need to be prepared to appoint an Open Records Officer. He also noted a standard form must be used of which he has given a copy to the Board.

2.) Resolution No. 2008-38, A Resolution Appointing an Open Records Officer and an Alternate Open Records Officer in Hanover Township (Vote)

It was noted that this Resolution will provide for the Appointment of a Records Officer, that being the Township Clerk and an Alternate Records Officer that being the Township Manager. In resolution of this matter, the Board made the following motion:

Motion: --- I move that Resolution No. 2008-38, A Resolution Appointing an Open Records Officer in Hanover Township and an Alternate Open Records Officer in Hanover Township be adopted as presented.

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

Courtesy of the Floor:

There was discussion with respect to an article which appeared in the Morning Call regarding surveillance cameras in the City of Allentown. The Township Manager was asked to look into that issue. There was discussion regarding the installation of surveillance cameras in the Township’s parks as well as the one currently in place at Canal Park. Chairman Paulus commented that if the police actually pulled the tape at the Canal Park location they would have a crystal clear picture depicted on same. However, it appears that the problem is the transmission. It was determined that the Township Manager schedule a meeting with the State Police to review these issues involving surveillance and that the Chairman of the Board and the Township Manager would attend such meeting. Councilman Kovacs commented on an incident in the Troxell Street area where the State Police had been called in noting that the State Police do have a presence in the Township.

Adjournment:

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

Sandra A. Pudliner
Township Manager
Hanover Twp. - Lehigh Cty. - Seal
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