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

Absent: ------------------ Councilwoman Hayden and Frederick W. Hay, P.E.

Attendance: ---------- 5

Courtesy of the Floor: None

Award of Bids: Bid No. 2005-2, Commercial Fire Rescue Truck

Chairman Paulus opened the discussions by inquiring of the Township’s Fire Chief, Robin Yoder, who was in attendance at the meeting if the specifications were satisfactory as same relates to the lowest bidder. Mr. Yoder advised that the low bidder, Emergency Vehicles, Inc. met the Township’s specifications 100%. He noted that the other bidder, Glick Fire Equipment Company did not meet the specs in certain areas.

There was a discussion with respect to the fact that the low bidder has provided paperwork to the Township for prepayment discount options. Payment of 50% would result in a $3,015 savings, a payment of 75% would result in a $5,333 savings and a payment of 90% would result in a savings of $6,724. The Township’s Fire Chief did note that no matter what the Township chooses to do, the Township will need to pay for the chassis in three months. Mr. Yoder also advised that he has an appointment with the low bidder scheduled for Wednesday, January 5, 2006. Mr. Yoder noted that he felt it was a good idea to have our Township Attorney look over the contract prior to that time. The Township Attorney commented that if the Township pays the money upfront and there is a financial reversal with the company, you don’t have your money. There was a discussion with respect to a performance bond for the work, but the Township Attorney felt that he would like to look at the agreement and then advise Township Council of his opinion. To finalize this matter, Council made the following motion:

Motion: --- I move we accept the bid for the purchase of a commercial fire truck, namely, Bid No. 2005-2 from Emergency Vehicles, Inc., in the amount of $264,900.

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

Approval of Minutes: ------ December 7, 2005 Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the December 7, 2005 Regular Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

The Township Manager advised the Board that she had no report at this time, but would be happy to answer any questions the Board might have. There were some questions regarding the Township’s recent Christmas Party at the Holiday Inn East and the Township Manager advised Council that next year the party will be held at the Sheraton Four Points on Airport Road.

2. Ryan Christman
For Frederick W. Hay, P.E.
Township Engineer

Mr. Christman advised that in the absence of the Township Engineer who is currently on vacation, he was in attendance at the meeting but offered no report at this time.

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

The Township Attorney advised that he had no report to offer at this time. Councilman Kovacs advised all in attendance that the Board had been provided with an insert from the Law Firm of Gross, McGinley, LaBarre & Eaton which states in part, “This year we had the honor of seeing two of our founding partners, Paul McGinley and Jackson Eaton, elected to the ranks of ‘Pennsylvania Super Lawyers’, a group selected by Philadelphia Magazine following a survey of more than 34,000 attorneys in Pennsylvania. The State Lawyers Group constitutes the top 5% of attorneys in the state and includes lawyers in private practice, government, corporations and public service.” Councilman Kovacs congratulated the Township Attorney for this accomplishment. The entire Board also acknowledged and congratulated the Township Attorney on this recent achievement.

4. Maintenance Report

5. Fire Company's Report

6. Code Enforcement's Report

7. Building Inspector's Report

Chairman Paulus acknowledged receipt of a written Maintenance Report, written Fire Company Report, written Code Enforcement Officers’ Reports and written Building Inspector’s Report and same were noted for the record. There was discussion with respect to the Building Inspector’s Report, in particular, the summary of violation status. The Board requested that the Building Inspector add to the report the date of the violation and the date of the resolution of said violation.

8. Treasurer's Report

Motion: ------- I move we accept the computer printouts dated December 21, 2005, for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

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

Unfinished Business:

1. Resolution 2005-34, A Resolution Granting Preliminary Land Development Approval to Airport Center, 1820 Airport Road, Allentown, PA 18109 (Vote) (Time Extension until January 31, 2006)

Chairman Paulus advised that the Township is in receipt of correspondence from the developer dated December 20, 2005 wherein the developer is granting an extension of time to the Hanover Township Council to act on the preliminary plan for this development until January 31, 2006. The Township Attorney commented that the Township can schedule this matter for any time in the month of January, but most likely the time for review would be the second meeting in January, which is scheduled for Wednesday, January 18, 2005, at 7:30 P.M. Council agreed that would be the most appropriate date to have the developer present the revised plans.

New Business:

Resolution No. 2005-34, A Resolution Allowing Hanover Township to Participate in the PACC (PA Capital City) Automotive and Equipment Contract. (Vote)

The Township Manager advised the Board that this resolution along with a letter of intent will be forwarded to PACC for utilization in the piggyback purchasing of a new Township vehicle in the year 2006. In resolution of this matter, Council made the following motion:

Motion: ------- I move that Resolution No. 2005-34, A Resolution Allowing Hanover Township to Participate in the PACC (PA Capital City) Automotive and Equipment Contract be adopted as presented.

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

Payment of the Bills:

Motion: ------- I move Council authorize payment of Voucher Nos. 11488-11491 (11/30/05 Prepaids), Voucher Nos. 11492-11504 (12/21/05 Prepaids), Voucher Nos. 11505-11562; Payroll dated 11/18/05, Payroll dated 12/02/05, Payroll 12/15/05, from the General Fund Account in the amount of $127,903.32; Voucher Nos. 1607-1610 from the Capital Reserve Account in the amount of $12,197.82; Voucher Nos. 1391-1396 from the Escrow Account in the amount of $14,903.75; Voucher Nos. 1591-1599 from the Water Account in the amount of $1,286.59; Voucher Nos. 2611-2622 from the Sewer Account in the amount of $5,885.08 for a Grand Total Expenditure of $161,451.33.

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

Courtesy of the Floor: NONE

Ms. Kay Thompson of 2749 Donna Jo Way approached the Board. She inquired as to whether Mr. Ryan Christman is a representative of the Township’s engineering firm or a new engineering firm. Council advised that Mr. Christman is a part of Keystone Consulting Engineers, the Township’s engineering firm, and is present in the absence of the Township Engineer, Frederick Hay. Ms. Thompson continued that she understands why the proposed shopping center on Airport Road is a commercial use and fits into the commercial activity on Airport Road. However, Ms. Thompson wondered if there were any other suggestions for the use of that land. Chairman Paulus advised that a developer came in and bought the property and that the Township does not have a choice as to the use of the property as long as it is a commercial use allowable in the Township. It was noted that the developer in question is a Pennsylvania developer. Chairman Paulus continued that the developer must meet all Township regulations for the project to go through. Ms. Thompson questioned that if there is no approval would the property be sold or redeveloped. The Township Attorney indicated to all in attendance that the development of land is subject to two Township ordinances which set the standards. The one ordinance is the Zoning Ordinance which deals with the uses allowed on the property and the other is the Subdivision and Land Development Ordinance which deals with the infrastructure. Attorney Eaton noted that if a developer can present plans meeting those requirements they are entitled to approval. He did note that the Township has some limited leeway to establish conditions but cannot set up a new set of regulations or turn down the plan if the Board doesn’t like it. In that event, the developer can take the Township to court. Attorney Eaton noted that if the development plan has met the requirements of the Township it must go forward. Attorney Eaton noted that the development on Catasauqua Road (Valley Plaza Shopping Center) received its initial approval by the court, it had been rejected by the Township.

Ms. Thompson opened up a discussion with respect to the continuing swale problem in the area of her home, commonly referred to as the Fuller swale. Ms. Thompson wondered if the same could happen with the mall. Attorney Eaton noted that regrettably the swale in her area is not in the Township. However, Attorney Eaton noted that his experience with the Township has always been that the Township is very strong when it comes to stormwater requirements. He noted that the City of Allentown had been required to rebuild portions of Lloyd Street for stormwater issues. Attorney Eaton felt that the Township has established stringent requirements for developers in that regard. Attorney Eaton further felt that it has been his experience as solicitor for the Township that the Township has enforced stormwater regulations and attempted to alleviate stormwater problems within its jurisdiction. Councilman Atkinson commented that the problem with the swale near Ms. Thompson’s home is that the Township has limited jurisdiction because it is not in the Township. There was also a discussion with respect to PennDOT and the reconstruction of Schoenersville Road and the piping of the water under the road contributing to the issue with the swale. In any event, the Township Manager advised that it was her understanding that the City of Bethlehem would be requiring the F.L. Smyth facility to perform the work which had been agreed upon on their property in an attempt to improve the swale in the Spring of 2006.

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:05 P.M.

Atkinson: Moved

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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