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

Courtesy of the Floor: None

Approval of Minutes: December 30, 2008 - End of Year Meeting

Motion: I move we waive the reading of the Minutes of the December 30, 2008 Special Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager advised the Board that she had provided them with a copy of correspondence which the Township had received from a nonresident questioning how the Township determined the increase in Local Services Tax to $52 rate. After discussion, the Board determined that they would not respond to the correspondence.

Councilman Atkinson brought to the Township Manager’s attention that one of the pumps at the Pacific Pride Gas Station located in front of the BJs Wholesale Club is completely down and the Township Manager was directed to determine what happened.

Councilman Kovacs reported to the Board on the Winter Convention of the Lehigh County Association of Township Officials which had been held on January 9, 2009. Councilman Kovacs noted that there was an attendance of 80 members, 11 townships and representation from PSATS. He noted that he had advised the attendees that Keystone Consulting Engineers should be commended for their contributions to the Association.

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

1.) The Township Engineer advised that lighting of the intersection at Airport and Schoenersville Roads is in the works. The Township will be utilizing the same equipment that was utilized at Airport Road and Race Street to light up that area.

2.) The Township Engineer noted that as Council will recall, the Township had agreed to contribute $100,000 to the Irving Street culvert. The owner of the shopping center development would be liable for the difference. However, Mr. Hay noted that because of the increase of the cost of materials since this matter was first reviewed many years ago, he felt that the Board should consider approving an additional $50,000 as a Township contribution. The Township Engineer noted that originally the estimates had been in the area of $200,000, but that now the cost would be much higher. Councilman Dreisbach questioned the Township Engineer as to whether or not if the Township agrees to an additional $50,000 contribution what are the chances that the developer would need to come back because the costs are even more. Mr. Hay indicated that he felt that the prices are stabilized at this time. It should be noted that Councilman Kovacs began to make a motion for the $50,000 contribution, but indicated that he would withdraw that motion until an exact increase amount is available. Chairman Paulus questioned whether or not the work would be bid and the Township Engineer indicated that the Township would bid the culvert and the Township’s contribution plus the remainder of the monies coming from the developer would pay for the work. It was the consensus of the Board that the Township would defer an additional contribution at this time until an exact cost figure is available.

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

1.) The Township Attorney advised that as Council will recall he had previously discussed with them the desire of Airport Associates to have a one-time reduction in the Letter of Credit on the work being done. At the same time, they would provide the Township with a maintenance bond in the same amount of the reduction which is $2,660,061. Attorney Eaton indicated that discussions with the Township Engineer have indicated that the reduction to the lower amount is sufficient for the work which needs to be completed. With respect to this matter, Attorney Eaton noted that he has provided the Board with a First Amendment to Escrow Agreement, as well as a Second Amendment to Five Party Agreement. The Township Attorney noted that these agreements provide for the lowering of the amount of the Letter of Credit and the change to the Maintenance Agreement. With respect to the First Amendment to the Escrow Agreement, the Township Attorney noted that there is a blank on Page 2 which will be $8,314,285.37. The Township Attorney further noted the Township will be the last to sign the agreements.

In resolution of this matter, the Hanover Township Council made the following motion:

Motion: --- I move that the Township Manager is authorized to sign the proposed First Amendment to the Escrow Agreement and Second Amendment to the Five Party Agreement between the Township, Developer and other parties related to the Airport Associates, L.P. Development subject to the following provisions:

1.) The amount of $8,314,285.37 shall be inserted as the figure in paragraph e.
2.) The Township shall be the last party to sign the Agreements of Amendment.
3.) If when the Agreements of Amendment are presented to the Township for signature, any further reduction in the Letter of Credit has been approved by the Township Council beyond the amount approved in Release No. 5 then, before Township signature, paragraphs b and e shall be revised to reflect the change and the Township Engineer shall confirm the accuracy of his determination in paragraph e at the revised numbers.

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

2.) The Township Attorney advised that he would have the ordinance with respect to the lay by on Irving Street for introduction at the next Council meeting.

Unfinished Business: NONE

New Business:

Councilman Kovacs advised the Board that he read an article in the PSATS magazine regarding energy costs. He noted that projected increases could be between 20 to 50%. He further noted that according to the article lighting should not be on in areas in municipal buildings which are not in use.

Courtesy of the Floor:

Mr. Joseph Feskanin appeared before the Board and advised Council that with respect to the shopping center project he has been observing the construction of the detention pond and the effects of rainfall. He presented the Board with photographs he had taken of that area. The Township Engineer noted that his firm has also observed the effects of the rainfall which have been heavy at times in that area and felt that there is no need for concern with respect to flooding from what his office has observed. Mr. Feskanin questioned the status of the detention pond at this point in time and the Township Engineer noted that all work will be completed when the site is built out. With respect to reviews of the detention pond, the Township Engineer noted that his office has reviewed the plans as well as the Lehigh County Conservation District and the Department of Environmental Protection. He indicated that the plans are in accordance with Federal Law. Councilman Atkinson commented that from the pictures Mr. Feskanin provided he felt it showed how the culvert basically acts as a detention pond. The Township Engineer commented that the road does not top as it had done in the past with flooding.

Mr. Feskanin also advised that Keystone’s inspector had been with him the day PPL was running a high tension line up to the B. Braun facility. Mr. Feskanin felt that this should have been brought to the attention of the residents in that area. He noted that if the pole would be knocked down, it could land in his yard. There was a lengthy discussion with respect to the rights of the utility company, PPL, to install poles and the Township Engineer took the position that they have the right to do so.

Mr. Feskanin questioned the height of the arborvitaes being planted as a buffer and the Township Engineer indicated he would need to check the plans regarding that matter.

Mr. Feskanin expressed his concern with respect to traffic control on Irving Street. He noted that he anticipated the road to become the Indianapolis Speedway. He questioned whether there were any plans to install stop signs. Councilman Atkinson commented that the Township had previously discussed this matter and determine to wait to see what happens in that area when the shopping center is in full force. The Board noted that there had been discussion with respect to a four way stop and there was also a concern that it could cause traffic backups. Chairman Paulus noted that the Township is introducing an ordinance not to allow parking in the lay by on Irving Street to alleviate a potentially dangerous situation in that area. With respect to the installation of any stop signs it was noted that Penn DOT has the control and the Township will need to provide traffic counts prior to any stop sign installation.

Mr. Feskanin further noted that it appeared to him that Sam’s Club has come to a halt. He questioned what the delay is and the Township Engineer indicated that he did not have information regarding that matter.

Adjournment:

The meeting was adjourned at 8:15 P.M.