Present: ---------- Councilwoman Hayden; Councilmen Atkinson, Dreisbach, Kovacs, Paulus; J. Jackson Eaton, III,
-------------------------- Esquire; Frederick W. 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: ---------- 8

Courtesy of the Floor: NONE

Approval of Minutes: ------ February 21, 2007, Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the February 21, 2007 Council Meeting and accept same as presented.

Paulus, Kovacs: 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 the issue of small games of chance being permitted in Hanover Township had recently been raised to her by a business in the Township. As Council may recall, the Township has never placed a referendum on the ballot to allow small games of chance within the Township. The Township Manager questioned whether the Township would be interested in placing a referendum on the ballot for the appropriate election. The Township Attorney noted that technically state law prohibits gambling, but that legislation has changed to allow communities to decide whether or not to permit gambling activities. He further noted that the district attorney’s office would enforce any violation in a community where small games of chance are not permitted. In any event, the Township Attorney advised the Board that he would review the law and the time frame for placing a referendum on the ballot to allow small games of chance and report back to the Board.

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

The Township Engineer advised the Board that the he offered no oral report at this time other than items listed on the agenda.

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

1.) The Township Attorney requested an Executive Session with the Board after the meeting concerning the ongoing real estate discussions with Bethlehem Steel’s liquidating trustee.

2.) The Township Attorney advised the Board that the Township Manager provided him with various information to develop a proposed sign ordinance, with respect to permitting electric message signage for free standing signs and billboards in the Township. As Council may be aware, the current language in the ordinance does not permit signs, which flash, sparkle, twirl, or move in any fashion except for time and temperature. Council will note in reviewing same that Council may determine how many seconds transpire between changes in the signage. There are also additional provisions as to whether some of the time on the signage has to be used for community purposes; i.e. Amber Alert System, etc. The Township Attorney noted he is providing this proposed ordinance for Council’s review and not for introduction at this time.

The Township Manager advised the Board that with respect to the history of this matter they should be aware that the Hanover Township Zoning Hearing Board has granted variances for such message board signage to two entities in the Township, both situated in the Planned Industrial Office District. Additionally, the Township has received requests for message board signs from businesses located in the Planned Commercial Zoning District. As Council may recall, the Township Manager indicated that when Council became aware of the granting of variances, they had instructed her to look into creating provisions in the ordinance to allow message board signage under certain conditions within the Township. Additionally, the Township Manager advised that she had attended a seminar given by a local billboard company with respect to the trend for digital billboards in the future. In that regard, the Township Manager noted that it was her opinion that if the time between the changes on the billboards were restricted to 10 seconds, a motorist traveling on a major highway, would most likely only see the sign change once while they are traveling. In any event, the Board was provided with the proposed ordinance for their review and future comment.

4.) The Township Attorney advised that with respect to an issue regarding eminent domain as same relates to the proposed shopping center of Airport Centers, Council should be advised that PennDOT is requiring work along Airport Road extending through a number of signalized intersections. The property involved would be the property of PennDOT and serve the entire intersection. The Township Attorney advised that it may be necessary to condemn slivers of land along those intersections to accomplish the work. Attorney Eaton noted that the Township Manager had contacted him with respect to an issue regarding whether or not such condemnation by the Township would be allowable. The Township Attorney advised that it would be permissible since it entails improvements along public roads for public right of ways, even though, the monies would be paid for by the developer. The Township Manager advised all in attendance that the developer in question is still negotiating with some of the property owners and if the negotiations result in them acquiring the right of way personally then the Township will not need to get involved.

The Township Attorney also brought to the Board’s attention the issue of the vacation of Steelstone Road. As Council will recall, the new road would be opened and then Steelstone Road would be vacated. One of the requirements for building a new road is to secure the funds to build it. The banks want the road vacated. The developer has proposed simultaneously with giving the right of way over the new road that they also give the properties in questions rights over the existing Steelstone Road. The Township Attorney indicated he did not see any difference in that since it would require an access easement in both instances. Attorney Eaton also noted that Attorney Malkames, Counsel for all of the parties involved, finds it satisfactory. Councilman Atkinson commented that in essence we will be vacating Steelstone Road with the provision that all the property owners will have access. The Township Attorney noted that indeed there would be easements in place.

Unfinished Business: NONE

New Business:

1.) Resolution No. 2007-28, A Resolution Granting Preliminary Land Development Approval for New Pro II, 1815 Dauphin Street, Allentown, PA 18109 (Vote)

Mr. Rocco Gracciolo of Pennoni and Associates, the developer’s engineer, appeared before the Board. They advised Council that they are in receipt of the Township Engineer’s letter dated this date and that they would comply with all the conditions set forth therein for a preliminary plan approval. The Township Engineer noted that he had provided the letter this evening, but that the resolution before Council is based on the review of the Hanover Township Planning Commission per the Township Engineer’s February 19, 2007 letter. However, since that time, the developer determined not to go with the pump station but rather with the grinder pump system and accordingly I have given the Board a revised letter replacing all references to pump stations. Councilman Atkinson commented that he had passed out some information regarding grinder pump systems showing the types of systems available. Mr. Steve Goffredo, the construction manager for the project, noted that the developer will be going with outdoor units with duplex pumps. It was further noted that the prices shown on the information provided by Councilman Atkinson are the retail price.

Mr. Robert Hess, 1815 N. Dauphin St., questioned what will be done with the two onsite sewage system, one septic and one sand mound. Mr. Hess was advised that the Township would disable the systems in accordance with applicable regulations. Mr. Hess also indicated that there was an onsite gas pump and an underground tank on the property. The Developer noted that he was unaware of same but that the matter would be handled appropriately. Mr. Hess further questioned whether or not there is going to be a disclaimer for potential buyers with respect to the grinder pump system and what could happen when the power goes off. Mr. Steve Goffredo advised that those issues will be disclosed when the property is sold. Potential buyers will be told they are getting a sewer system of a certain type and what it entails.

In accordance with the Township Attorney’s review, the conditions for approval were revised by deleting some of the conditions set forth by the Planning Commission and adding conditions set forth in the Township Engineer’s letter. In resolution of this matter, Council made the following Motion:

Motion: --- I move that Resolution No. 2007-28, A Resolution Granting Preliminary Land Development Approval for New Pro II, 1815 Dauphin Street, Allentown, PA 18109, be adopted as presented

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

2) Bill No. 2007-1, An Ordinance Amending Chapter 16, Part 3 of the Statutory Code of Hanover Township to Prohibit Ice Skating, Ice Fishing and Ice Hockey in Canal Park (Public Hearing)

Chairman Paulus opened the Public Hearing relative to Bill No. 2007-1.

Motion: --- I move that Bill No. 2007-1, An Ordinance Amending Chapter 16, Part 3 of the Statutory Code of Hanover Township to Prohibit Ice Skating, Ice Fishing and Ice Hockey in Canal Park, be adopted as Ordinance No. 470.

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

2) Bill No. 2007-2, An Ordinance Amending the Realty Transfer Tax
Ordinance of Hanover Township to Authorize the Use of License Meters in Lieu of Documentary Stamps and to Authorize the Department of Revenue to Collect and Enforce Delinquent Tax Together with Interest and Penaltie (Public Hearing)

Chairman Paulus opened the Public Hearing relative to Bill No. 2007-2.
In resolution of this matter, Council made the following motion:

Motion: --- I move that Bill No. 2007-2, An Ordinance Amending the Realty Transfer Tax Ordinance of Hanover Township to Authorize the Use of License Meters in Lieu of Documentary Stamps and to Authorize the Department of Revenue to Collect and Enforce Delinquent Tax Together with Interest and Penalties be adopted as Ordinance No. 471

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

Courtesy of the Floor: NONE

Chairman Paulus advised that the Board would be going into Executive Session and would not return with any decision regarding a real estate matter.

Adjournment:

The meeting was adjourned at 8:10 P.M.

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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