Present: ---------- Councilwoman Hayden; Councilmen Atkinson, Dreisbach, Kovacs, J. Jackson Eaton, III, Esquire;
-------------------------- 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: ------------------ Paulus and Hay

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

Courtesy of the Floor:

Mr. Charles Unangst of Hanover Engineering and Mr. Dennis McCarthy of Pineville Properties appeared before the Board with respect to the proposed development of Airport Center. Mr. Unangst, the Developer’s Engineer for this project advised the Board that they are in attendance this evening to bring the Board up to date with respect to a breakdown of where they are at and also make the Township aware of a bump in the road. Mr. Unangst indicated that they are working on the PennDOT requirements for improvements which basically start at Catasauqua Road and require improvements down to the American Parkway to include signalization, widening, etc. He noted that there are 11 properties affected. He informed the Board that they have been dealing successfully with most of the property owners involved obtaining necessary easements, grading easements, right of way, etc. However, Mr. Unangst advised that there are three properties all owned by the same person down on Lloyd Street where there has been a problem with respect to acquiring the necessary property since their appraisals his client believes are unrealistic. The purpose for attending the meeting this evening, Mr. Unangst indicated, is to bring this matter to the Township’s attention.

At this point in the meeting, Mr. Unangst handed out to members of the Board plans depicting existing right of way, proposed right of way and grading easements, which will be necessary to the project. He indicated that his client will use these plans to prepare the documents and then turn everything over to PennDOT. With respect to the location of the properties which are causing difficulty, Mr. Unangst advised that the property is located at the corner of Lloyd and Airport Rd. and that right of way and grading easements will be necessary totaling approximately 3,930 square feet for all three parcels which is less than .1 of an acre. Mr. Unangst indicated that they are still trying to negotiate with the property owner but may be requesting some assistance from the Township to obtain the right of way for them. Mr. Unangst further advised Council that they have resubmitted to PennDOT for the third time. He also advised that all the other property owners involved in this matter either have finalized an agreement with the shopping center developer or are on their way to doing so.

The Township Attorney questioned Mr. Unangst as to whether or not the area shaded on the plans presented will ultimately be owned by PennDOT. In that regard, Mr. Unangst noted that the ownership would either be by PennDOT or the Township. The Township Attorney questioned what improvements are proposed and Mr. Unangst advised that either paving or curbing will be required. The Township Attorney questioned whether or not paving was there now and Mr. Unangst indicated there was no paving in the areas and further noted that anything that they are showing on the plan is required by PennDOT. He elaborated that the shopping center developer must construct the corner of Airport Road and Lloyd Street to the limit shown on the plan at PennDOT’s request. The Township Attorney questioned Mr. Unangst relative to the drawing labeled L12, in particular, what there is on that property that is being taken. In that regard, Mr. Unangst advised that the property is vacant with the exception of the Township Sanitary Sewer Pump Station located on the tract. Mr. Unangst further noted that the property owner is presently interested in getting the pump station property currently owned by the Township back to his ownership. It was noted that the Township is looking to vacate that anyway and then the property would revert back to the original property owner.

With respect to the plan labeled L13, Mr. Unangst advised that there is a two-story building on that property. With respect to the plan labeled L13, Mr. Unangst noted that there is a single-family home on that tract. Mr. Unangst noted that PennDOT is requiring that they acquire a sliver of property for the purpose of paving in the area where you come out on Lloyd Street to get to the right turn lane.

In conclusion of these discussions, Vice Chairman Atkinson acting as Chairman in the absence of the Chairman, questioned the Township Attorney as to whether or not the Council needed to make a motion to assist the Developer in this matter. The Township Attorney indicated that he thought the thing to do would be to indicate that the Township would be willing to assist the Developer in this matter but that no final determination can be made until a specific proposal is provided to the Township and that any costs associated with such assistance should be born by the Developer. The Township Attorney further advised all in attendance that this matter had been discussed at the last meeting basically as far as the legal authority of the Township. In particular, the discussion related to the authority of the Township to enter into condemnation where property is going to become part of the right of way even though the cost for the condemnation would be borne by the Developer. Chairman Atkinson confirmed that the issue had been brought up as a result of staff requesting the attorney to research the legality. It was noted that the research revealed that the Township does have that authority. Councilman Kovacs noted that Mr. Unangst had indicated that there were a few others that had not agreed and Mr. Unangst noted that indeed they have not acquired 100% of the necessary property but are very confident that the other property owners will enter into agreements with the Developer.

In resolution of this matter, the Board made the following motion:

Motion: --- I move that the Hanover Township Council would be willing to assist the Developer of the proposed Airport Center Development with acquiring necessary property to be utilized for easements, right of way, grading easements, etc. but that no final determination can be made regarding this matter until a specific proposal is provided to the Township and further that any costs associated with such assistance shall be borne by the Developer.

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

Approval of Minutes: ------ March 7, 2007, Regular Council Meeting
--------------------------------------------March 7, 2007, Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the March 7, 2007 Special Council Meeting and accept same as presented.

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

Motion: --- I move we waive the reading of the Minutes of the March 7, 2007 Regular Council Meeting and accept same as presented.

Atkinson, Hayden: Moved and Seconded

The Township Attorney noted that Page 3 of the Minutes should be corrected to indicate that Attorney William Malkames represented all the parties involved rather than one of the parties involved. In addition, on the last page of the Minutes the Township Attorney felt that the language relating to an Executive Session should include after Executive Session, “regarding a real estate matter.”

Motion: --- I move that we waive the reading of the Minutes of the Regular Council Meeting of March 7, 2007, and accept same as amended.

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

Reports:

1. Sandra A. Pudliner
Township Manager

1.) The Township Manager advised the Board that she has provided them with all information in her possession regarding the upcoming PSATS State Convention as well as other mailings, which the Board might find of interest.

2.) The Township Manager noted that she has had an opportunity to review the proposed ordinance prepared by the Township Attorney relative to permitting signs with changing images or messages in PIO and PC Zoning Districts. In that regard, the Township Manager indicated that she has some recommendations regarding the proposed ordinance and that the Board may want to consider introducing the ordinance at the next Council meeting. Council agreed that matter would be introduced at the first meeting of April of 2007.

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

It was noted that the Township Engineer was not in attendance at the meeting and no report was offered at this time. Councilman Dreisbach questioned the Township Manager as to the status of the Race Street and Willowbrook Road signal light. The Township Manager advised that the Township Engineer had met with representatives of PPL and they have agreed to move back the 10 utility poles which need to be moved as part of the widening which will be required by PennDOT for the signalization of that intersection. The Township Manager also noted that a work order has been issued by PPL for that project. Council requested that the Township Manager check with the Township’s PPL representative to determine the status of that matter.

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

1.) The Township Attorney advised the Board that he has received no response with regard to the real estate matter currently under discussion.

4. Maintenance Report (Written)

5. Fire Company Report (Written)

6. Code Enforcement Officer's Report (Written)

7. Building Inspector's Report (Written)

Chairman Atkinson acknowledged receipt of a written Maintenance Report, written Fire Company Report and written Code Enforcement Officers’ Reports and same were noted for the record. It was noted that a Building Inspector’s Report has not been received. It was further noted, that the first page of the Maintenance Report needs to be corrected to reflect that the dates in question are February dates not March. Chairman Atkinson also questioned why the Township had to replace the front tires on the relatively new Township car. The Township Manager indicated she would check into that matter. With respect to the matter involving the accident at the Township’s storage barn on Dauphin Drive, Chairman Atkinson questioned whether or not the Township had kept track of the Township’s costs for repairs and the Township Clerk advised that the Township did indeed do that and forwarded that information to the insurance company. Councilman Kovacs commented that he noted in the Code Enforcement Officer’s Report of Mr. Seiling that there had been 27 individuals evicted from the lake area for ice-skating, etc. on the lake. There was also a discussion with respect to a warning ticket given out to a car on Irving Street with an expired inspection sticker. The issue was raised concerning at what point towing could occur and the Township Attorney indicated he would look into that issue. The Board also commented on a notation in the Code Enforcement Officer’s Report of Robin Yoder relative to a single female found with all four tires flat and that the Code Enforcement Officer acted in the right fashion by contacting the State Police.

8. Treasurer’s Report (Written)

Motion: --- I move we accept the computer printouts dated March 21, 2007, for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

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

Unfinished Business: NONE

Councilwoman Hayden excused herself from further proceedings at the meeting at this time.

New Business:

1.) Resolution No. 2007-29, A Resolution Designating an Area of Compliance in Accordance with Section 109.9 of the Building Code of Hanover Township (Vote)

Chairman Atkinson noted that this resolution is in accordance with the Township’s property maintenance whereby the Township reinspects properties on a five-year basis for fire and safety issues. In resolution of this matter, the Board made the following motion:

Motion: ---I move that Resolution No. 2007-29, A Resolution Designating an Area of Compliance in Accordance with Section 109.9 of the Building Code of Hanover Township, be adopted as presented

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

2) Bill No. 2007-3, An Ordinance Amending Chapter 13, Part 6, Section 602(5) of the Statutory Code of Hanover Township to Comply with the Standards of the Pennsylvania Liquor Code for Municipal Approval of Transfer of Certain Liquor Licenses (Introduce)

Chairman Atkinson introduced Bill No. 2007-3 at this time with a Public Hearing to be held on April 4, 2007 at 7:30 P.M. Chairman Atkinson noted that the proposed bill is in response to the change in the state law, which actually strengthens a municipality’s ability to deal with liquor license transfers.

Payment of Bills:

I move Council authorize payment of Payroll dated 2/23/07, Payroll dated 3/09/07, Voucher Nos. 12435-12439 (2/28/07 Prepaids), Void Voucher No. 12436, Voucher Nos. 12440-12449 (3/21/07 Prepaids), Voucher Nos. 12450-12503, from the General Fund Account in the amount of $111,471.23; Voucher Nos. 1721-1725 (Prepaids), Voucher Nos. 1726-1728, from the Capital Reserve Account in the amount of $32,008.71; Voucher Nos. 1571-1576, from the Escrow Account in the amount of $12,041.50; Voucher Nos. 1724-1730, from the Water Account in the amount of $946.92; Voucher Nos. 2812-2813 (Prepaids); Voucher Nos. 2814-2826 from the Sewer Account in the amount of $31,376.31 for a Grand Total Expenditure of $187,844.67.

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

Courtesy of the Floor: NONE

Adjournment:

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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