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: ---------- 2

Prior to opening the discussions at this meeting Chairman Paulus congratulated Councilwoman Hayden and Councilman Kovacs on their reelection to the Hanover Township Council. It was noted that Councilwoman Hayden has served as a Council member on the Council for approximately 25 years.

Courtesy of the Floor: 1.) Victor Scomillio, Esquire
--------------------------Melick Property, 131 Lloyd Street

Attorney Victor Scomillio approached the Board at this time and advised that he represents Evelyn Melick the owner of the property located at 131 Lloyd Street. He indicated the present tenant at that facility is The Humane Trust. He indicated to the Board that in 1920 there had been a subdivision known as Beth-Allen Manor of which the Melick property was a part. He advised the Board that said subdivision dedicated certain roads and alleyways to the Township. However, Attorney Scomillio indicated that since 1920 said roads and alleyways have not been dedicated or accepted. Attorney Scomillio noted that there is an ongoing dispute between Mrs. Melick and Benderson Trust which owns the adjacent property “BJ’s Wholesale Club” over who has ownership of what is currently the parking lot area of Humane Trust. Attorney Scomillio further indicated that under the law after 21 years goes by without dedication and acceptance the municipality loses its interest in the roadway. What he is seeking Attorney Scomillio stated is a recognition from the Township that the Township has no interest in this property. Such formal recognition Attorney Scomillio advised would be utilized by him in his action against Benderson Trust to quiet title in favor of his client. Attorney Scomillio indicated that he has and will provide to the Township Engineer the original survey of this particular area done by Hanover Engineering as well as a copy of his client’s deed. He noted that he has specific concerns over Curtis Avenue and a 20 foot alley. Attorney Scomillio requested that the Board formally recognize that the Township has no interest in the referenced areas.

Attorney Eaton advised Council that Attorney Scomillio has correctly stated his understanding of the law. If not accepted or opened within 21 years, the Township’s rights are vacated. He further indicated that it is not necessary for the Township to do

anything but that in the past the Township has given the type of affirmation Attorney Scomillio has requested. For example, Attorney Eaton noted that Mr. Joshi had concerns over some streets on the plan and we acknowledged that the Township has not opened or accepted dedication and relinquished any rights. As far as how the Township describes what we are giving up, the Township Attorney indicated that the Township can look at the plans and we can provide Attorney Scomillio with his affirmation by way of a Resolution at the next meeting. Attorney Eaton further noted that we want to make sure that what the Township states officially is not beyond what is appropriate.

The Township Engineer noted that when the Waffle House land development came into the Township a survey was done and Benderson Development located the existing property lines. Mr. Hay indicated that was when the problem began since from that survey it appeared that the entire parking lot of the Humane Trust was within the property boundaries of Benderson Development. Attorney Scomillio noted that it is his understanding that the Waffle House property is at an approximate 3-4 foot higher elevation then the Humane Trust property. Attorney Scomillio also indicated that the BJ’s Wholesale Club is at a 4-5 foot higher elevation then the Humane Trust. Attorney Scomillio also noted that permanent curbing has been installed to separate the properties. Councilman Atkinson commented that if the Township is going through the descriptions why not indicate the Township has no interest in all of the Beth-Allen Manor property. The Township Engineer should look at the whole thing and the Township should relinquish its rights in any and all roadways and alleys connected with the Beth-Allen Manor subdivision. Attorney Scomillio commented that when drafting the Resolution he thought that language should be incorporated therein to indicate that the dedication existed in 1921 and lapsed in 1941. Attorney Eaton noted that if Attorney Scomillio had any particular language he would like incorporated in the Township’s Resolution he should fax a copy of same to his office and that he would incorporate that language to the extent the Township can. Councilwoman Hayden questioned what rights all the abutting property owners had with respect to this particular area. The Township Attorney noted that first of all the abutting property owners had rights from the very beginning. Such rights were those of the private property owners since 1920. The Township Attorney further advised that through a legal process known as Adverse Possession the property owners in the area could take possession of the property; however, to be recognized, they have to go through a court proceeding to recognize their ownership. Councilman Atkinson noted that he assumes that the properties in question are properly fenced and curbed. Attorney Scomillio indicated that is the case.

Approval of Minutes: ---------- October 15, 2003 Regular Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the October 15, 2003 Regular Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager advised the Board that an application has been filed for an Intermunicipal liquor license transfer on behalf of the entity known as A Taste of Italy located in the Valley Plaza Shopping Center. With regard to that application the Township Manager noted that a hearing has been scheduled for Wednesday, November 19, 2003 at 7:00 P.M.

2. The Township Manager also advised the Board that she has provided them with a copy of correspondence from Dream Come True relative to their 18th annual Telethon to be held at the Westgate Mall on December 5, 2003. As usual, Mrs. Pudliner noted that they are requesting a representative from the Township to make an appearance urging the Township constituents to donate to their organization. After discussion it was noted that Councilman Kovacs would represent the Township and contact Dream Come True to set up an appropriate time for his appearance.

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

1. The Township Engineer advised Council that E.J. Breneman is going to do all of its subcontractor’s work since Breneman has been unable to get the subcontractor to complete the job. Breneman will do the cutout work, seal everything, install the inlet on Grove Road and some additional paving at the Piechota Auto Body location, landscaping required, etc.

There was a discussion at this point in the meeting with respect to a pipe located off of Grove Road and the depression which is directly off the road. Councilman Williams indicated that he has a concern over liability in that cars could run off the road into that depressed area. The Township Attorney suggested the possibility of guardrail. The Township Attorney also advised the Board that there is always a problem of potential liability when there is anything that is out of the ordinary. He further noted that the question is how severe might the damage be. He also indicated that the Township might want to put up something there to indicate that there is no shoulder. Councilman Williams commented that the Public Works Department did install posts in the area. The Township Engineer indicated that the area in question does not meet the criteria for guardrail. He noted that the depression is only approximately 15 inches. Councilwoman Hayden noted that it appears that the posts that were installed are crooked. The Township Engineer indicated that they are not crooked but are positioned on a slant because of the slope. It was finally determined that the Township Engineer would look into the installation of a cow catcher at that location.

2. The Township Engineer advised the Board that they have received a copy of the letter from the Lehigh Valley Planning Commission as same relates to the Fuller Company swale. As Council may recall a township resident Kay Thompson had called the Lehigh Valley Planning Commission. Whoever Ms. Thompson had spoken with had pulled out the first review letter of the Lehigh Valley Planning Commission which indicated that their plan was inconsistent with Act 167. At the time Ms. Thompson met with me and the Township Manager recently the Township Manager called the Lehigh Valley Planning Commission. As a result of that phone call the Lehigh Valley Planning Commission forwarded to the Township Manager the more recent review letter that indicated that the plans for the Lehigh Valley Corporate Center Phase II revised met the criteria of Act 167. Ms. Thompson was advised of the second letter and a copy of same was forwarded to her. The Township Engineer further noted that the status of the matter right now is that the Fuller Company is in the process of going back to the City of Bethlehem to advise them how they are going to do the work to correct the problem. Certain members of Council indicated to the Township Manager and Township Engineer that Ms. Thompson had recently spoken to them and indicated that she was led to believe that the Township Manager and Engineer had attended meetings regarding these problems and still appeared to be uninformed as to what has been going on and is going on. Both the Township Manager and the Township Engineer refuted that statement indicating that there had been no meetings other than one meeting with representatives from the church property on Grove Road. There was also a discussion at this point in the meeting between the Township Engineer and Councilman Kovacs disputing the amount of water going through the swale. The Township Engineer felt that the amount of water going through that swale has not substantively changed and Councilman Kovacs felt that there is now more water coming through the swale area.

Councilman Atkinson called to the Township Engineer’s attention a situation involving Postal Road and a swale along there between Surefit and further east. He noted that he had seen two orange cones straddling a sinkhole in the swale. The Township Engineer indicated he would check into the matter.

3. J. Jackson Eaton, III, Esquire
Attorney's Report

1. The Township Attorney requested a brief executive session with the Board after this meeting in order to respond to a request from Mr. Dougherty’s attorney.

2. The Township Attorney advised the Board that he is possession of the Brief and Record in the Lehigh-Northampton Airport Authority tax appeal case. He noted that the matter would be argued in December possibly in the first week of December and that he expected to have a decision early next year. Attorney Eaton advised Council that there are a couple of legal issues involved in this matter. The first issue the Airport is claiming is that because they are a Municipal Authority they are immune from taxation. The second issue that the Airport is arguing is that if there are hangars that are partially public and partially private that the entire hangar should be tax exempt. As Council may recall the Courts have held that the Air Products hangar is taxable. Last time this issue was argued the Court held that commercial areas in the hangar were taxable. Now however the Airport is leasing out the hangars by apportioning a certain amount of square feet for each user and then moving the areas around when required and that is the reason they are requesting an exemption. With respect to Charter Aircraft Services there is an issue with respect to whether or not you have to demonstrate that you serve the Lehigh Valley area. Some of these services don’t pick anyone up here. The largest one for Madison Square provides no services to the Lehigh Valley. Attorney Eaton noted that some of these issues are right on the edge as to where you move from public to private. He also noted that some authorities have sovereign immunity but in those cases those authorities have been appointed by the State. Our position is that the Airport Authority has not been appointed by the State and therefore sovereign immunity does not apply.

3. As Council is aware the Courts have handed down a favorable decision in the Adams Outdoor Advertising appeal. Adams now has thirty days to file an appeal from that decision. As Council is aware Attorney Bartholomew who handled this case has recommended that the Township consider certain changes to the Zoning Ordinance and the Board can consider those changes after the thirty day appeal period has lapsed.

4. I am providing the Township with a format for a Park Reservation agreement as same relates to the Township’s parks.

Chairman Paulus questioned the Township Attorney as to whether or not the Township has the ability to recoup legal fees in the tax appeal’s case of the Lehigh-Northampton Airport Authority or the Adams Outdoor Advertising appeal. The Township Attorney advised that legal fees are not recoverable in these types of cases.

Unfinished Business:

1. Bill No. 2003-13, An Ordinance Amending Chapter 15 of the Statutory Code of Hanover Township Which Provides for Parking Spaces for Handicapped Persons and Severely Disabled Veterans to Conform with State Laws (Public Hearing).

Chairman Paulus opened the Public Hearing relative to Bill No. 2003-13. In resolution of this matter Council made the following motion.

Motion: ------- I moved that Bill No. 2003-13, An Ordinance Amending Chapter 15 of the Statutory Code of Hanover Township Which Provides for Parking Spaces for Handicapped Persons and Severely Disabled Veterans to Conform with State Laws be adopted as Ordinance No. 444.

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

New Business:

1. Resolution No. 2003-35, A Resolution Designating An Area of Compliance in Accordance with Section 109.9 of the Statutory Code of Hanover Township (Vote)

Motion: ------- I move that Resolution No. 2003-35, A Resolution Designating An Area of Compliance in Accordance with Section 109.9 of the Statutory Code of Hanover Township be adopted as presented.

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

2. Bill No. 2003-14, An Ordinance Amending Chapter 18, Part 8 of the Statutory Code of Hanover Township to Conform Standards of Wastewater Discharge into the Catasauqua Sewer District with Ordinances of the Borough of Catasauqua (Introduce).

The Township Attorney requested that Bill No. 2003-14 be tabled at this time.

At this point in the meeting a discussion ensued relative to the upcoming Township Christmas Party and the passage of a Resolution by the Township regarding same. There was a discussion initiated by Councilman Kovacs wherein he indicated that he felt the procedure utilized last year which required that an individual be present to win a prize was in his opinion unfair and that he felt that a guest need not be there to collect a prize. Chairman Paulus disagreed with that assessment. He was of the opinion that people tended to stay longer at the party since the Township initiated the procedure wherein you had to be present to be eligible to win a prize. As a result of this discussion it was determined that the procedure would remain as it had been and that those in attendance would be eligible to collect a prize.

A discussion ensued with respect to the Christmas Party as to the age requirement for attendance at the Township’s Christmas Party. The Township Attorney noted that minors under 21 cannot be served at the cash bar. He noted that the Township can set the rules as to who is invited. His suggestion however would be that the Township not try to indicate who an invitee brings as a guest. Councilman Williams noted that there are Junior Firefighters. Councilwoman Hayden indicated that they are volunteers. There was a discussion and it was noted that the Junior Firefighters had to be at least 16 years of age. Finalizing the discussions it was determined that an attendee at the Township’s Christmas Party would need to be 16 years of age or older. This restriction would apply to everybody, the invitee and their guest.

At this point in the meeting Councilman Atkinson advised all in attendance that after seeing the results of yesterday’s election he had jotted down some thoughts he had with respect to the campaign. Councilman Atkinson went over his thoughts with the Board. He noted that his feelings are that Council’s past actions were based on what the Board believed was best for the future of the majority of the residences and businesses of the Township. Councilman Atkinson indicated he wanted to fine-tune his comments and possibly forward same to the Morning Call to be included in the Letters to the Editor. Attorney Eaton noted that such a communication should come from one of the Council members not from the Administrative Office

Courtesy of the Floor: None

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:50 P.M.

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager