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

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

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

Courtesy of the Floor: Dennis McCarthy, Esquirw - BJ's Wholesale Club

Mr. Phil Woodyatt and Attorney Dennis McCarthy appeared on behalf of BJ’s Wholesale Club with respect to a proposed expansion of the BJ’s building. Mr. Woodyatt explained to the Board that the proposal of BJ’s is for a 5,000 square foot expansion taking the existing tire storage area and tire display area which is currently inside on the sales floor and moving that out to the expansion area. Mr. Woodyatt noted that BJ’s feels that this scenario would provide a more harmonious operation for the tire sales business and allow the area that is being displaced to be expanded for produce, meats, etc. inside the current building. The representatives from BJ’s had for the Board’s review a mounted drawing depicting the proposed expansion. Mr. Woodyatt noted that with the expansion and the parking which would be created on the property there would still be a net gain of four spaces. It was noted that under the current variance which governs the property the site requires 542 spaces. Attorney McCarthy commented that BJ’s would go back to the Zoning Hearing Board and ask them to extend that variance. Attorney McCarthy further indicated that as a result of the proposed expansion BJ’s would lose 47 parking spaces but that they have created 30 new parking spaces along with the four that are already there and reconfigured other areas to result in a net increase of 8 parking spaces. Along the northern property line of the property, Attorney McCarthy advised that they could put in 17 new parking spaces. When you add up all the parking spaces, Attorney McCarthy noted that the property would have 51 parking spaces when they only need 47. Attorney McCarthy also indicated that BJ’s would not need any additional variance with respect to impervious lot coverage. They would, however, need a variance with respect to the 10 foot buffer from the parking area. Attorney McCarthy advised that with the new reconfiguration, the buffer would only be six feet. In the area of the buffer, Attorney McCarthy advised that there now is in place shrubbery and a stockade fence. Accordingly, Attorney McCarthy advised Council that BJ’s would require relief from the Zoning Hearing Board with respect to extending the 1989 variance and a set back variance with respect to the 10 foot buffer area. The end result, Attorney McCarthy noted, will be that BJ’s will have four more parking spaces than originally required. Attorney McCarthy indicated to the Board that their purpose here this evening was simply to present this proposal to the Board for their reaction. Councilman Atkinson questioned the Township Engineer as to whether this proposal excluded the parking required for the Waffle House facility and the Township Engineer indicated that there was no double counting of parking spaces relative to Waffle House. Accordingly, the Board advised Attorney McCarthy and Mr. Woodyatt that they had no problems with them pursuing a variance from the Zoning Hearing Board for this expansion.

At this point in the meeting, Chairman Paulus advised all in attendance that they would move forward on the Agenda to the first item under New Business.

New Business: -------

1. Resolution No. 2003-33, A Resolution Designating a Reserved Handicapped Parking Space (Adopt)

Mrs. Valerie Leon and the Manager of the Allendale Apartments appeared before the Board. Mrs. Leon provided Council with a drawing of the area in question. She indicated that there is a problem in her area because there is no parking allowed on the other side of the street near her apartment. At times she indicated she has to park a block away. Mrs. Leon indicated that she has numerous health problems, has had a heart attack, etc. and, accordingly, has requested Council to provide her with a reserved handicapped parking space in front of her apartment building. Chairman Paulus questioned the Manager of Allendale as to whether or not there are any other handicapped people in that area. Kathryn from Allendale indicated that there are no other handicapped individuals at that location.

The Township Attorney noted at the beginning of the meeting he had looked at the proposed resolution and felt that the language involving the use of this parking space for Mrs. Leon only should be removed. However, Attorney Eaton indicated the Township Manager has provided him with a copy of the ordinance governing this matter and the ordinance does indicate that a parking space can be designated for one individual’s use. Attorney Eaton suggested that the Board pass this resolution as originally drafted. He further indicated that he would check the law to make sure that the Board has the ability to reserve the parking space in this individual’s name. If for some reason that could not be done, then Attorney Eaton indicated it would just be designated as a handicapped parking space. There was some discussion with respect to putting Mrs. Leon’s address on the parking space. Councilman Atkinson suggested that possibly it would be better to utilize Mrs. Leon’s placard number as shown on her handicapped parking card. Hanover Township Council, in general, felt that it was a good idea to utilize Mrs. Leon’s placard number. In resolution of this matter, Council made the following motion:

Motion: ------- I move that Bill No. 2003-11, An Ordinance Amending the Statutory Code of Hanover Township to Remove Provisions Regarding the Construction of and/or Contribution to Off-Site Improvements as a Condition of Subdivision Plan Approval be adopted as Ordinance No. 440.

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

Approval of Minutes: ---------- September 17, 2003 Regular Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the Septmeber 17, 2003 Regular Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager advised the Board that she has provided them with proposed 2004 Operating, Capital, Liquid Fuels, and Water and Sewer Budgets. Mrs. Pudliner requested when the Board desired to schedule the Public Hearings on the Proposed Budgets. After discussion it was determined that the Budget hearings would be held on the following Mondays in the year 2003; namely, October 20, 27; November 3, 10, 17, 24 and December 1.

2. As Council will recall, at a recent meeting a discussion was held with respect to revising the Township’s Fee Resolution with respect to the security deposit required for the park reservation at Canal Park. At that time, Council indicated that the security deposit should be revised to be the same as the reservation fee; namely, $200.00. Mrs. Pudliner indicated that the Board did not discuss whether or not they desire to revise the security deposits required for reservation of Chestnut Grove Park and Sherwood Park. The Township Manager indicated that the security deposit for those parks is still $50.00. After considerable discussion, the Board determined that the security deposit required for reservation of Chestnut Grove Park and Sherwood Park would be revised to a figure of $100.00.

3. The Township Manager advised the Board that she had been contacted by the Manager of Allen Township with respect to their desire to prohibit truck traffic on Willowbrook Road. Allen Township’s Manager requested that this Board consider a sign placed at the intersection of Race Street and Willowbrook Road to indicate that truck traffic is prohibited ahead. The issue of enforcement with respect to the placing of this signage was discussed since the Township relies on the state police. Councilwoman Hayden also questioned the Township’s liability. Attorney Eaton indicated that the Township can install such signage even if there is no police force. The Township is not required to have a police force to enforce such signage. With respect to liability, Attorney Eaton noted that any municipality which has a road that is poorly maintained can be subjecting themselves to liability. With respect to the wording on the signage, Attorney Eaton suggested that wording be approved by the Township Engineer and Township Manager. In addition, since the cost of the signage appears to be minimal, Council determined that the Township would look into the installation of such a sign as requested by Allen Township at the Township’s cost and provide for the installation of the signage.

4. The Township Manager advised the Board that in the discussions involving the amendment to the Township’s Comprehensive Plan and the rezoning of various properties, correspondence had been received from the City of Allentown and they expressed their concern with respect to traffic issues resulting from development within the Township. With respect to this issue, the Township Manager indicated that the Chairman of the Board and she had spoken with respect to Allentown’s position and as a result of those discussions it was noted that when Allentown develops its road system and puts the bridge in they will be bringing traffic from the City of Allentown into Hanover Township. Councilman Atkinson commented that Allentown should be aware of the fact that they are responsible for their traffic as Hanover Township, Lehigh County, is responsible for traffic generated by our actions. Councilman Atkinson further noted that Allentown is responsible for the traffic generated by the extension of the American Parkway into the Township. Accordingly, it was determined that the Township Manager would correspond with the City of Allentown setting forth the Township’s position as same relates to traffic generation and control thereof.

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

1. Mr. Hay advised the Board that Mr. Ryan Christman who has just joined the firm was present at the meeting and introduced Mr. Christman to Council. The Township Engineer also noted to the Board that for the next Council meeting he would be on vacation and that Mr. Christman would be filling in for him at that time.

2. Council should be advised that on Friday at 10:00 A.M. a meeting will be held with myself, the Bethlehem City Engineer, Fuller Company and their engineer and their property maintenance manager to resolve the swale problem. As Council will recall, the Township Engineer indicated this is in response to the Bethlehem City Engineer’s letter to Fuller Company. The Township Engineer noted that the volleyball court will be going since it is obstructing the swale. Councilwoman Hayden questioned whether or not Mr. Miller of Saylor’s Mobile Home Court will be advised of what transpires and the Township Engineer indicated that he would talk to Mr. Miller after the meeting.

3. With respect to the 2003 Road Program, the Township Engineer advised the Board that the project is substantially completed. He indicated we are still working on a solution for the water which sits on the Piechota Auto Body property at the corner of Schoenersville and Grove Roads. He noted that some small yard inlets with an 8” pipe to the inlets at the edge of Schoenersville across from Feasta Italiana driveway would be installed. Additionally, the Township Engineer indicated that they would be building up the area on the other side of the light pole to get pitch down to the trench drain on Grove Road. The Township Engineer indicated that the Canal Park area is done and that the parking lot came out fine. With respect to the restoration of the sewer trench on Barness Drive, the Township Engineer indicated that the contractor is starting that tomorrow. The only thing left, Mr. Hay noted, is some sealing in the Troxell Street area, a couple of low spots in the Troxell St. area and some grading down at the Canal. Councilman Kovacs commented that there was another sinkhole in the Troxell Street area in front of Councilman Atkinson’s house, only a one to one-half foot square hole to be cut out. The Township Engineer further noted that with respect to the Bethlehem repair trench that opened up, the Township will be sending them a letter indicating that the fine for open cutting the new roadway is as set forth therein. Mr. Hay indicated he would give that figure to the Township Manager. Councilman Williams commented that when the contractor was sealing the Troxell Street area it appears they sealed right over the leaves in the curb area. The Township Engineer indicated he would look at that and report it to the contractor. The Township Engineer further noted that he would advise the contractor that they need to notify everybody in the whole neighborhood area when they are going to finish the sealing of the roadway and then the contractor would come in and finish the job. Councilman Atkinson noted that in general he is not happy with Breneman even though it is the subcontractor which has held up the project. He further indicated that he felt that they did not do the elevations right as same relates to the driveways, etc.

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

1. The Township Attorney advised the Board that the Township Manager had sent him a sample reservation form for the parks and that he is reviewing same.

2. The Township Attorney advised the Board that he had sent them a letter with respect to an adjustment of his fees. He noted that he did not think that it was a matter the Board needed to vote on.

Councilman Atkinson questioned the Township Attorney with respect to the Adams Outdoor Advertising Appeal. Mr. Atkinson acknowledged receipt of correspondence from the attorney handling the appeal on behalf of the Township dated September 12, 2003. Attorney Eaton indicated that he had an opportunity to speak with Attorney Perkins who argued the case on behalf of the Township. Attorney Perkins had advised that when he stood up in court and before he had a chance to begin the case the judge questioned how this could be exclusionary when there are 14 signs in a one mile area. Councilman Atkinson indicated that the suggestion has been made that the Township become more lenient with respect to the spacing between the signs as set forth in the ordinance. Attorney Eaton advised that he felt we should wait until the decision from the court is handing down and that then the Township may want to consider that.

Unfinished Business: ------- None.

New Business: -------

2. Bill No. 2003-12, An Ordinance Amending Chapter 18, Part 3 (Sewer Rates, Rents and Charges), Section 303 of the Statutory Code of Hanover Township (Introduce)

The Township Engineer indicated to the Board that the Township Manager, Township Clerk, Mr. Christman and he had met with respect to the proposed Water and Sewer Budgets for the year 2004. In reviewing the figures, the Township Engineer indicated he felt that the Bethlehem Capital Cost needed to be adjusted. This ordinance as proposed would bring the Bethlehem Capital Cost back to the original $.20 before the reduction to $.06 as shown in the current Budget. Accordingly, Bill No. 2003-12 was introduced at this time with a public hearing to be held on Wednesday, October 15, 2003 at 7:30 P.M.

Courtesy of the Floor:------- None.

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