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

Absent: ------------------ 0

Attendance: ---------- 8

Opening Bids:

1. Bid No. 2004-3, Sale of 1989 International 10 Ton Dump Truck

Chairman Paulus proceeded with the opening of the six bids received relative to Bid No. 2004-3. A tabulation of the bid results is as follows:

Rick Zongora $17,560.00

Anthony Trunzo $15,501.00

Ron Miller $16,900.00
Chansford Township

Joseph Keglovits $16,600.00
North Catasauqua Borough

Patrick Walsh $20,709.00

Mike Divers $19,120.00
PA Lawn and Landscape.

Chairman Paulus noted that the high bid received was the bid of Patrick Walsh in the amount of $20,709. In that regard, Council made the following motion:

Motion: ------- I move that the award for the sale of the 1989 International 10 Ton Dump Truck be made to Patrick Walsh for the amount of $20,709.00.

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

It was noted for the record that if there would be a problem with the high bidder then the next highest bidder would be considered at that time.

Courtesy of the Floor: None

Approval of Minutes: ---------- November 20, 2004 Regular Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the October 20, 2004, Regular Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager advised the Board that we have received a response from the United States Post Office with respect to the removal of the collection box at Taft Street and Pennsylvania Avenue. As Council will note in reviewing said correspondence, the Post Office has indicated that the decision to remove the collection box from service at that location will remain in effect. However, they do note therein that the carriers will collect outgoing mail directly from the business or from individual receptacles whenever there is a delivery.

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

1. The Township Engineer advised the Board that the paving for the Road Program has been completed except for a short stretch at the intersection of Postal and Airport Rds. The line striping and sealing has been scheduled for Friday. The Township Engineer also indicated that the Township Manager had advised him that the Board is interested in reflectors in the roadway and that those reflectors are not part of the contract. Councilman Atkinson questioned the expense and the Township Engineer advised he would have to check but he didn’t think it was a big deal. He noted that the worst areas are where you don’t have curbing.

2. The Township Engineer advised the Board that the wrong pumps, which were shipped to the Township for Pump Station 3 have been returned. Councilman Atkinson questioned when the correct pumps would be forthcoming and the Township Engineer noted that they have been ordered and should be available in the near future.

3. The Township Engineer noted that as Council will recall a meeting had been held at Canal Park a few weeks ago. The entire stretch of the property had been walked and it appears the Army Corps. of Engineers feels we are dealing with wetlands. They are qualifying the entire length of the Canal as such. With respect to qualification as wetlands, there are three items of concern; namely, water, soil and plant life. Accordingly, the Township Engineer indicated that the Township will need a professional wetlands person to go in to the area and then a report will need to be submitted to the Army Corps. of Engineers. The Township Engineer is of the opinion that they will not find hydric soil. He advised the Board that the Township will pursue this matter and that he felt it was a good thing that this issue came out now. He also advised Council that if there was a determination that the property is wetlands the Township could not mitigate that situation.

Chairman Paulus questioned the Township Engineer as to the status of the repairs in the Troxell Street area. The Township Engineer noted that the Road Program contractor will mill those areas out and pave same at no cost to the Township. Councilman Atkinson questioned whether or not there are any other meetings scheduled for the Canal Park project. The Township Engineer noted that the next step would be to submit to the Historic Museum Commission and Councilman Atkinson noted that the Township can still submit at this time.

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

1. As Council will recall, I have sent the Board a letter indicating that the Pennsylvania Supreme Court has granted the airport’s request for an appeal from the decision of the Commonwealth Court as same relates to assessments. Attorney Eaton noted that he did not have a date for argument. However, briefs are due by the end of the year. Attorney Eaton advised Council that he would keep them informed of further developments.

Unfinished Business: None

New Business:

1. Resolution No. 2004-33, A Resolution Granting Preliminary/Final Land Development Approval, Charles Gallub, ARC Properties, 1751 Airport Rd., Allentown, PA 18109 (VOTE).

Attorney James Broughal appeared before the Board and advised Council that he represents the developer of this project; namely, Allentown Airport, L.P., the equitable owner through an assignment of the Agreement of Sale from ARC Properties. Attorney Broughal and the developer, Charles Gallub, approached the Board and the Board reviewed the land development plan which had been submitted and reviewed by the Hanover Township Planning Commission. It was noted that there are two pad sites and that originally the concept was for a restaurant and bank at that location but the economy and the users drove the developer back to the concept of two sit down restaurants. It was noted that the two restaurants would create tax revenue and fulfill a service need in the community. Councilwoman Hayden questioned whether or not the developer has any particular restaurants in mind. Mr. Gallub noted that one of the pad sites would be a Longhorne Steakhouse, an upscale steak house. The second use Mr. Gallub felt would be more on a casual theme but would be a sit down restaurant. Various options include an entity know as Max and Irma’s out of Ohio or an Italian concept or Mexican sit down restaurant. Mr. Gallub noted that they are leaning more toward Max and Irma’s or the Mexican sit down restaurant. There was a discussion with respect to the numerous hotels in the area and that the restaurants would help satisfy the need for restaurants in the Airport Rd. location. Mr. Gallub noted also that he would own the land and that the restaurants would have a lease for the buildings. Mr. Gallub further noted that the Longhorne Steakhouse is based out of Atlanta and has a heavy presence in the south but is now moving north and west.

There was a discussion with respect to a proposed cross easement with the Rudy’s Car Wash property. It was noted by the developer that the cross easement did not relate for the need of additional parking since the site can stand alone and meet the Township’s parking requirements. As a result of discussions, the developer determined that they would not enter into any cross easements with the adjacent property owner.The Township Attorney noted that he would suggest that Council put a motion on the floor to adopt Resolution No. 2004-33, but table it until the next meeting so that he and the developer’s attorney can work out who the owners are. The developer had no problem with that approach. He did note that an early spring construction is anticipated. With respect to the conditions for approval, the following are said conditions:

1. Each condition must be rejected or accepted in writing by the applicant within thirty (30) days of the date of this approval, or in the absence of such acceptance, this approval shall be deemed rescinded as of the expiration of the thirty (30) day period or the date of receipt of the rejection of any such condition, whichever first occurs.

2. All plans shall be entitled “Preliminary/Final”. Curbing and roadway widening shall be provided along the entire length of Lloyd Street.

3. The parking calculations shall be revised to reflect two restaurants. The number of seats for the northern restaurant shall be provided

4. Fire hydrants shall be provided at both Lloyd Street driveway entrances. Hydrant detail with 6-inch line shall be shown on the plans. The Fire Chief shall review and approve the hydrant and fire lane locations. Fire lane striping and signage shall be shown on the plans.

5. The plan shall show a location for a dumpster at each facility. The dumpsters shall be located within reasonable access to the facilities.

6. Sanitary Sewer: a) A revised sanitary sewer planning module shall be submitted; b) A lateral wye detail shall be shown on the plan.

7. Storm Water; a) The required impervious rate of 1 x 10 cm/sec shall be added to the liner note for the underground detention; b) Trench bedding shall be 2A modified

8. All certifications and acknowledgements shall be executed. Developer shall execute all standard municipal improvements agreements.

9. Developer will comply with LVPC storm water review letter of October 26, 2004.

10. Additional signature lines will be placed on the plan for the equitable owner’s signature.

Motion: ------- I move that the Hanover Township Council approves of Resolution No. 2004-33 with the changes as discussed as same relate to Item Nos. 3, 5 and 9 of said resolution.

Atkinson, Williams: Moved and Seconded

Motion: ------- I move that we table the adoption of Resolution No. 2004-33 until the Township’s next regular Council Meeting.

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

Courtesy of the Floor:

Mr. Joseph Feskanin, 1680 N. Irving Street, advised all in attendance that he has been a resident of the Township for 35 years. He noted he has some concerns regarding the proposed land development on the agenda. He commented that Mr. Gallub did a very good job in his presentation. He noted he has looked at the plans. Mr. Feskanin also commented that the letter from the Lehigh Valley Planning Commission specifically sets forth that they have a condition for their approval and have not issued their final approval. The condition relates to stormwater review. The Township Engineer commented that one of the conditions for approval set forth in Resolution 2004-33 is that the developer must comply with the Lehigh Valley Planning Commission stormwater review letter dated October 26, 2004. The Township Engineer further noted that the developer is using underground detention, which means there will be pipe installation underneath the parking. Mr. Feskanin noted that there needs to be sufficient capacity and the Township Engineer advised that he will look at it and make sure that it is sufficient. Mr. Gallub noted that they will completely comply with the requirements of the Lehigh Valley Planning Commission and the Township Engineer as same relates to detention. He noted that underground detention is less maintenance sensitive than aboveground detention. As long as it is engineered properly, Mr. Gallub noted it works. Mr. Gallub further stated that the runoff rate will be less than exists today. Mr. Feskanin questioned where the water would discharge and the Township Engineer noted that it would go into the PennDOT facility on Airport Road.

Mr. Skip Keim, 1635 N. Halstead Street, questioned whether the Township has heard anything from the proposed developer of the former Witko property. The Township Engineer noted that a few months ago the Township received a revised traffic study. He further noted that the developer had met with PennDOT. PennDOT had comments and the traffic study was revised and given to us. Mr. Keim was advised that the study was at the Township Building should he wish to review same. Mr. Keim also noted an incident that occurred on his property where someone was performing survey work and when he approached the individual and asked him who he was he indicated he could not tell him. Mr. Keim questioned the Township Attorney whether or not the individual has to divulge who he is. Attorney Eaton indicated that if someone is on your property you can tell them to get off. The Township Engineer commented that some times field people are told not to tell anyone who they are working for but noted that rudeness such as that shown by this individual is not acceptable. The Township Engineer also indicated that there are only two possible developers that would be down there doing work. One would be someone involved in the former Witko Mobile Home Park property or people involved in the 22 project.

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:20 P.M.

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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