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

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

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

Courtesy of the Floor: None

Approval of Minutes: ---------- November 3, 2004 Regular Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the Regular Council Meeting of November 3, 2004 and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

The Township Manager advised the Board that Northampton Regional Emergency Medical Services has been contacted and will attend Council’s Monday, November 22, 2004, meeting which will be held at 7:00 P.M. Council should be advised that I have advised the ambulance corp. of the Township’s concerns over the lack of a presence in the Township and the fact that the response times have increased greatly as a result thereof. The Township Manager noted that it appears from the conversation with the President of the ambulance corp. that they are willing to accommodate the Township and will discuss details regarding same at Monday night’s meeting.

Council discussed the matter and determined that the Township Attorney should look over the files with respect to the Township’s agreement with the ambulance corp. The Township Attorney indicated he would be in touch with the Township Manager to review the matter.

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

1. The Township Engineer advised Council that his office is attempting to track down a gentleman they are familiar with to do the wetlands investigation for the Township as same relates to the Canal Project. Mr. Hay noted that the gentleman is on vacation and his office will be in touch with him upon his return.

2. With respect to the 2004 Road Program, the Township Engineer advised that the price for reflectors at centerline on Irving Street and Postal Road would be $8,700 for 250 reflectors. Council felt that was a good price. With respect to Troxell Street, the Township Engineer advised that the road program contractor has done the work on Troxell Street and that it was his opinion that the only way to get a better result would be to have inlets placed at those locations.

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

The Township Attorney advised the Board that he had no oral report to offer at this time and that items of his concern are listed on the agenda.

Maintenance Report

Fire Company's Report

Code Enformcement Officer's Report

Building Inspector's Report

Chairman Paulus acknowledged receipt of a written Maintenance Report, written Fire Company’s Report, written Code Enforcement Officers’ Reports and written Building Inspector’s Report and same were noted for the record.

With respect to the Maintenance Report, Councilman Atkinson questioned a notation in said report with respect to a meeting with representatives from United Laboratories to inspect grease in the wetwell at Pump Station 1. The Township Engineer commented that the Township always has grease issues at that location and that they utilize United Laboratories for services to remedy the situation.

With respect to the Code Enforcement Officers’ Reports, Councilman Kovacs noted that he counted a total of 18 citations in this month but that the previous months there were none issued. Councilman Atkinson brought up the issue of the lights being out on Postal Road and Marcon Blvd. The Township Manager noted that the lights had been turned into PPL and that she had spoken to our customer service representative about this problem. Council felt that a letter should be forwarded to PPL expressing the Township’s concern and requesting a credit be issued to the Township for the period of time that the lights have not been functioning.

Treasurer's Report

Motion: ------- I move we accept the computer printouts dated November 15, 2004, 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, Hayden, Kovacs, Williams, Paulus:------- Aye ------- Unan

Unfinished Business:

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

The Township Attorney advised Council that as they will recall this proposed resolution was introduced and tabled at his request at the last meeting. There had been issues of ownership, which had been clarified and I provided the Board with a motion regarding the ownership issue which should be handled prior to the vote on the resolution. In that regard, Council made the following motion:

Motion: ------- I move to amend the title of proposed Resolution No. 2004-33 to change the words “ARC Properties” to read “Allentown-Airport, L.P., Assignee of ARC Properties” and to add the following introductory clauses:

“WHEREAS ARC Properties a/k/a ARC Equities, Inc., an equitable owner commenced application for approval of a land development plan for the Airport Road Plaza development; and

WHEREAS ARC Properties has assigned its equitable interest and rights in the land development application to Allentown-Airport, L.P.”.

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

Motion: ------- I move that Resolution No. 2004-33, A Resolution Granting Preliminary/Final Plan Approval to Allentown-Airport, L.P., Assignee of ARC Properties, be adopted as amended.

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

New Business:

1. Resolution No. 2004-34, Budget Transfers (VOTE).

Motion: ------- I move that Resolution No. 2004-34, Budget Transfers be adopted as presented.

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

Payment of the Bills:

1. Resolution No. 2004-34, Budget Transfers (Vote).

Motion: ------- I move Council authorize payment of Voucher Nos. 10702-10704 (10/29/04 Prepaids), Voucher Nos. 10705-10707 (11/17/04 Prepaids); Voucher Nos. 10708-10752, BC/BS Wire Transfer (November); BC/BS Wire Transfer (December); Payroll dated 10/20/04, Payroll dated 11/05/04; from the General Fund Account in the amount of $72,128.25; Voucher Nos. 1512-1516, from the Capital Reserve Account in the amount of $15,757.07; Voucher Nos. 1223-1227, from the Escrow Account in the amount of $15,642.50; Voucher Nos. 1486-1492 from the Water Account in the amount of $489.87; Voucher Nos. 2438-2449 from the Sewer Account in the amount of $33,052.48 for a Grand Total Expenditure of $137,070.17.

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

Courtesy of the Floor:

Mr. Joseph Feskanin, 1680 N. Irving Street, advised the Board that he wished to thank the Township Manager for her prompt action with respect to the investigation of the ambulance corps. presence and response to calls in the Township. With respect to Councilman Williams, Mr. Feskanin noted that he would like to personally and publicly thank him for his objective and constructive viewpoints over the discussions he attended this past year. Lastly, Mr. Feskanin brought up the issue of Attorney Broughal who represented Mr. Posh in the Airport, L.L.C. matter questioning whether or not the proposed development approved this evening (Allentown-Airport, L.P.) is one and the same with the proposed shopping center development. The Township Attorney commented that his office had reviewed this matter upon receipt of copies of an Agreement of Sale from Boyertown Casket Company listing ARC properties as the buyer. Attorney Eaton also received a copy of an Assignment to Allentown-Airport, L.P. Allentown-Airport, L.P. is now the equitable owner. Attorney Eaton further noted that he believes that Mr. Charles Gallub may be a principal or owner of some type. Attorney Eaton further advised that his office has reviewed the documents with respect to ownership. With respect to the issue of whether or not the two corporations are the same, Attorney Eaton advised that he does not know. He further indicated that it is beyond the scope of his work to check into who owns corporations involved in land development in the Township.

Ms. Jill Salim, 1715 N. Irving Street, appeared before Council and indicated that she has noticed surveyors on the street where she lives and questioned whether there were any plans for the development of the shopping center property. The Township Engineer noted that a traffic study has been done and that he has talked to the engineering firm involved and they have indicated they will be setting up a meeting with PennDOT to go over the traffic study and that they will invite the Township Engineer and Township Manager to attend that meeting. Mr. Hay further indicated that it is his understanding that there might be two proposed developers, for example, like a Wal Mart buying the whole property or another developer. With respect to the traffic study, the Township Engineer advised that the developer had looked at everything from the intersection from 22 past the America Parkway including Congress Street. Now they will be going back to PennDOT for discussions but that it may take approximately one and one-half years before the PennDOT permit is issued. However, in the interim, the developer can submit development plans. The comment was raised that the development of the former Saxton property on Airport Road might be contributing traffic. The Township Engineer noted that this development would be on the other side of Airport Road. However, PennDOT might have them look at that. With respect to submitting plans to the Township, the Township Engineer commented that it could take five to six months for Township approval. He noted that the process is that the plans are submitted to the Township, the Township Engineer reviews them and then the plans go to the Hanover Township Planning Commission.

Mr. Skip Keim, 1635 N. Halstead Street, approached the Board at this time and advised that he had noted that there were 10 conditions for approval of the Allentown-Airport, L.P. development. He questioned whether this is standard. Chairman Paulus noted that for each site developed there are certain requirements, not always the same but they become conditions for the land development. Mr. Keim also questioned the situation involving the entity on Race Street that is under investigation for dumping hazardous materials into the sewer treatment plant. Attorney Eaton noted that the Township adopts the ordinance matching the municipality into which the effluent goes for treatment and that the municipality to which the sewage flows is involved in the investigation. That municipality proceeds to take whatever action is necessary to enforce the requirements of the ordinance. Mr. Keim also questioned the Canal Project and what is meant by hydric soils. The Township Engineer noted that hydric soils denote the presence of all river bottom soils. Such a situation involves not good clay. It was noted that it appears there are trees growing out of the water and Mr. Keim questioned whether or not they have detected any aquatic trees growing. The Township Engineer noted there are not aquatic trees growing at the Canal location. He indicated that what happened was that DEP and the Army Corp. of Engineers walked the site and determined that we need a study. Mr. Hay further indicated that the water is seasonal and that to qualify as wetlands you must have soil, water and plants (all three) at a particular location. Mr. Keim also thanked Councilman Williams for his service to the Township.

At this point in the meeting, Chairman Paulus addressed Councilman Williams and indicated to him that Hanover Township is very appreciative for his service to his community and that he wanted to personally thank him for filling an open seat on the Board when it became vacant and keeping that seat and serving the Township for a seven year period thereafter.

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:15 P.M.

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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