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Township Meeting - Minutes

HANOVER TOWNSHIP, LEHIGH COUNTY
REGULAR COUNCIL MEETING

March 2, 2005
7:30 P.M.

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

Absent: ------------------ Frederick W. Hay, P.E.

Attendance: ---------- 4

Courtesy of the Floor: None

Approval of Minutes: ------ February 16, 2005 Regular Council Meeting
Motion: ------- I move we waive the reading of the Minutes of the February 16, 2005, Regular Council Meeting and accept same as presented.
Paulus, Kovacs: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus:------- Aye ------- Unan
Reports:
1. Sandra A. Pudliner
Township Manager

1.) The Township Manager advised the Board that they received a copy of correspondence notifying the property owner depositing mud on Marcon Blvd. of the violation. Mrs. Pudliner indicated to Council that the next time that the situation occurs, the owner will be cited.

2.) The Township Manager advised the Board that the Township has just received notification that the $10,000 DCED Grant, which Councilman Kovacs had been trying to secure for the Township has now been approved.
At this point in the meeting, there was some discussion with respect to Carmike Cinemas relative to the fact that the manager of Carmike has now been released and that a new manager will be taking his position. There was also some discussion with respect to the bankruptcy and the Township Attorney noted that the taxation relief would only apply to taxes prior to the bankruptcy. It was noted that the Township’s Tax Collector should be contacted regarding this matter.
2. Frederick W. Hay, P.E.
Township Engineer
The Township Engineer was not in attendance at the meeting and no report was offered at this time.
3. J. Jackson Eaton, III, Esquire
Township Attorney

1.) The Township Attorney advised the Board that a permit applicant had brought to the Township Manager’s attention changes in state law governing fireworks, which law was passed in the year 2004. Attorney Eaton noted that he is in the process of preparing an amendment to the Township’s ordinance. He noted the Township will not have any responsibility with respect to the regulation and sale of fireworks in the Township. In the meantime, he noted that the state law takes precedence over the Township’s ordinance. He further noted that enforcement would be handled by the state police. He indicated that the display of fireworks would still be covered by the Township. Councilman Atkinson questioned the Township Attorney as to the manufacturing of fireworks. Attorney Eaton indicated that it would be his recommendation to remove any language relative to the manufacture of fireworks from the Township’s ordinance.

2.) The Township Attorney advised the Board that as they will recall a land development had been approved for the former Moore’s property for the construction of a Dunkin Donuts on part of that tract. The developer was Airport Centre, L.P. The Township Attorney advised the Board that Airport Centre, L.P. will be filing for a condominium development for that property. This will allow the Dunkin Donuts building to be a condo unit and no subdivision will be required. State condominium law states that this is not a subdivision. The developer is permitted to sell that portion of the lot but it remains part of the condo, which includes the whole property. It will allow two separate property owners under the condominium development. Attorney Eaton noted that the other thing the property owner is requesting is that since this creates a new developer, that new developer will sign the developer’s agreement, post the bond, etc. Councilman Atkinson questioned whether or not the owners will have to have an association. The Township Attorney noted that they will indeed and that the two-member association will have to maintain the common areas, i.e., driveways, detention pond, etc.
There was some discussion at this point in the meeting relative to Carmike Cinemas. It was noted that a portion of the Carmike property had been subdivided some years ago. No development has occurred on the subdivided tract since that time. There was also discussion with respect to looking at the parking situation at the Carmike Cinemas property. The Township Attorney indicated he would like to discuss that issue with the Township Manager and Township Engineer at a later date.

Unfinished Business:

1. Bill No. 2005-02, An Ordinance to Include Long Weekends Within the Period During Which Employees May be Requested to be on Call. (Public Hearing).

Chairman Paulus opened the Public Hearing relative to Bill No. 2005-2. The Township Attorney noted that this matter involves the grievance, which had been filed with respect to the response time. The Personnel Board had made a recommendation of 60 minutes. He further noted that it is his opinion that Council needs to act on that recommendation. The Township Manager had proposed 45 minutes and since the Personnel Board did not agree with that recommendation, Council should act on the issue. The Township Attorney felt that the Township Council needs to determine whether they agree with an administrative policy of a 45 minute or 60 minute response time as same relates to being on call for beeper pay. In that regard, the Board made the following motion:

Motion: --- I move that the Hanover Township Council feels that a 45-minute on call response time will be required as same relates to beeper pay.

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

Motion: --- I move that Bill No. 2005-02, An Ordinance to Include Long Weekends Within the Period During Which Employees May be Requested to be on Call be adopted as Ordinance No. 457.

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

New Business: None

Courtesy of the Floor: None

At this point in the meeting, Councilman Kovacs made a motion relative to the upcoming PSATS Convention in Hershey, Pennsylvania, as same relates to who will attend on behalf of the Township.
Motion: ---I move that the Township authorize attendance at the PSATS Convention in April, 2005 for the following individuals; Randall Atkinson, Frank Dreisbach, William Kovacs, Bruce Paulus, Frederick W. Hay, P.E., Sandra A. Pudliner, and Bruce Pudliner
Kovacs, Atkinson: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ------- Unan.
Adjournment:
Motion: --- I move we adjourn this meeting of the Hanover Township Council at 7:55 P.M.
Hayden, Kovacs: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ------- Unan.
Respectfully submitted,

Sandra A. Pudliner
Township Manager

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