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

Absent: ------------------ Councilwoman Hayden; Councilman Kovacs; Frederick W. Hay, P.E.

Attendance: ---------- 11

Opening Bids:

1. Bid No. 2007-2 – 2007 Road Program

Council proceeded with opening the bids relative to Bid No. 2007-2. The tabulation of the bid results are as follow:

Contractor ---------------------- Bid Bond Bid ------------------------- Amount

Bracalente Construction -------------------------------- 10% ------------------------------------------------- $120,075.00

Grace Industries ------------------------------------------- 10% ------------------------------------------------- $ 88,495.00

Eastern Industries ----------------------------------------- 10% ------------------------------------------------ $104,565.00

Lehigh Valley Site ----------------------------------------- 10% ------------------------------------------------- $ 98,786.25

Council acknowledged that it appeared that the lowest bidder was Grace Industries. In resolution of this matter, the Board made the following Motion:

Motion: --- I move that Bid No. 2007-2, 2007 Road Program be awarded to Grace Industries of Bath, Pennsylvania, in the amount of $88,495, subject to the review and approval of the Township Engineer.

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

2. Bid No. 2007-3, Lloyd Street Corridor Sanitary Sewer Installation

Council reviewed bids received for Bid No. 2007-3. A tabulation of the results is as follows:

Contractor ---------------------- Bid Bond Bid ------------------------- Amount

N. Abbonizio Contractors -------------------------------- 10% ------------------------------------------------ $414,213.00

Joao & Bradley ---------------------------------------------- 10% ------------------------------------------------- $356,476.01

Dagostino Company --------------------------------------- 10% ------------------------------------------------ $501,616.00

J.C. Sons ------------------------------------------------------ 10% ------------------------------------------------- $396,501.00

Council acknowledged that the low bid for this contract was that of Joao & Bradley in the amount of $356,476.01. In resolution of this matter, the Board made the following motion:

Motion: --- I move that we award the contract for Bid No. 2007-3, Lloyd Street Sanitary Sewer Installation to Joao & Bradley of Bethlehem, Pennsylvania, for the amount of $356,476.01, subject to the review and approval of the Township Engineer.

Paulus, Dreisbach: Moved and Seconded
Atkinson, Dreisbach, Paulus: ------- Aye ---------- Unan

Courtesy of the Floor:
Fox, Williamson, Mattioli, P.C., Vacation of Hoover Avenue

The Township Attorney advised Council that the party listed under Courtesy of the Floor regarding the vacation of Hoover Avenue is not present this evening. Attorney Eaton noted that he has been going back and forth with them and suggested that they wait until the next meeting to appear before Council. Attorney Eaton further noted that he would like to discuss this matter further with the Board under New Business.

Approval of Minutes: ------ June 20, 2007, Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the June 20, 2007 Regular Council Meeting and accept same as presented.

Paulus, Atkinson: Moved and Seconded
Atkinson, Dreisbach, Paulus: ------- Aye ---------- Unan

Reports:

1. Sandra A. Pudliner
Township Manager

1.) The Township Manager advised the Board that they have received the proposed Five Year Capital Improvements Program and questioned when the Board would like to schedule hearings on that matter. Council discussed the matter and determined that hearings would be held on Monday, July 30, 2007, and again if necessary on Monday, August 13, 2007 at 7:00 P.M.

2.) The Township Manager advised the Board that she has provided them with a copy of a resignation involving a member of the Hanover Township Recreation Commission.

3.) The Township Manager advised the Board that they are in receipt of information regarding the upcoming Lehigh County Association of Township Officials’ Summer Convention which will be held on August 3, 2007. Mrs. Pudliner questioned whether any of the Board members would attend and Council advised that none of the Board Members present would be attending the convention.

4.)The Township Manager advised Council that she has provided them with a notification from the State Association that the PSATS Convention which has historically been held in April will be held in the month of May, in the year 2008, in particular, May 11 through May 14, 2008.

2. Ryan Christman

1.) Mr. Christman advised the Board that with respect to the sinkhole on the Carmike Cinemas property’s detention pond, they will be beginning work on repairing the sinkhole tomorrow. Mr. Christman noted that the sinkhole is quite large and that the excavation will determine the extent of the work required.

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

1.) The Township Attorney advised the Board that with respect to the vacation of Steelstone Road, it appears that the developer does not own land on both sides of the road. Currently, the developer’s engineer is going back and looking at all the documents to this point to determine if that is the case. The Township Attorney advised that this could have an effect on the final plan.

4. Maintenance Report (Written)

5. Fire Company Report (Written)

6. Code Enforcement Officer's Report (Written)

7. Building Inspector's Report (Written)

Chairman Paulus acknowledged receipt of a written Maintenance Report, written Code Enforcement Officers’ Reports and written Building Inspector’s Report and same were noted for the record. A written Fire Company Report was not received. With respect to the Maintenance Report, Councilman Atkinson questioned several items listed on the Maintenance Report. In particular, Councilman Atkinson questioned what type of repair was necessary on the new Township truck. The Township Manager advised that she would inquire and report back to the Board on that matter. Additionally, Councilman Atkinson questioned gravel deposits on Willowbrook Road and the cause for same and the Township Manager indicated she would also report back on that item. Finally, Councilman Atkinson questioned the Public Works Department’s repair of picnic tables in Chestnut Grove. The Township Manager noted that as a matter of regular maintenance, Public Works replaces picnic table tops at the pavilion areas in the parks.

8. Treasurer’s Report (Written)

Motion: --- I move we accept the computer printouts dated July 17, 2007, for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

Paulus, Atkinson: Moved and Seconded
Atkinson, Dreisbach, Paulus: ------- Aye ---------- Unan

Unfinished Business: NONE

New Business:

1.) Resolution No. 2007-35, A Resolution Granting Preliminary/Final Land Development Approval, B. Braun Medical, Phase 2, 901 Marcon Blvd., Allentown, PA 18109 (Vote).

On behalf of B. Braun Medical, various representatives appeared before the Board. Bruce Anderson of the Pidcock Company, as well as representatives of B. Braun and their attorney, provided the Board with a sketch of the proposal for review. It was noted that Phase 2 of the B. Braun project consists of two building additions on the campus. One would be located on the north end of the campus for an ejection mold facility. The facility would be a two-story building where approximately 20,000 square feet on the first floor of the building would be the machinery for the ejection mold process and on the second floor mechanical equipment that feeds the process. With respect to the other building addition it was noted that there would be two wings. The OEM part would be 72,000 square feet for a manufacturing facility and a two story office building for support staff which would be approximately 24,000 square feet.

The Township Attorney commented that it is his understanding that there were a substantial number of conditions set forth in the Planning Commission’s recommendation for approval. Furthermore, Attorney Eaton indicated that it is his understanding that a substantial number of those conditions have been satisfied. Mr. Christman noted that the Township’s Attorney assessment was correct in that revised plans sent to his office have substantially reduced the number of outstanding items.

In that regard, the Township Attorney felt that the Township Council should consider revising the Resolution for approval to eliminate items, which have been satisfied on the revised plans forwarded to Keystone Consulting Engineers. The Township Manager questioned the practice in that it was her understanding that the plan, which is reviewed by the Planning Commission is the plan which the Hanover Township Council considers for approval. The Township Attorney noted that although that may be general practice the Township could consider this option.

At this point in the meeting, Council reviewed the proposed Resolution for Preliminary/Final plan approval before the Board, in particular, Resolution No. 2007-35. In that regard, Council and the Township Engineer and the Developer determined that the Resolution be revised as follows:

It was noted that the plan review date should be changed from May 30 to July 11, 2007. Further, items number 2 through 10 on the proposed resolution were eliminated as a result of being satisfied to the Township satisfaction on the revised plan submitted to Keystone Consulting Engineers. Item No. 11 on the proposed resolution would remain but would read, “Fire Chief shall review and approve plans.” Items no. 12 through 14 have been satisfied on the new plans. Item no. 15 remains outstanding but language should be added to same to indicate that these items were subject to the approval of the Township Engineer. Item no. 16 had been satisfied. Item no. 17 remained and a notation shall be placed on same saying that these items are subject to the approval of the Township Engineer. Item no. 18 had been satisfied. Item no. 19 and 20 remain outstanding. Item no. 21 remains outstanding and language shall be added to indicate that it is subject to the approval of the Township Engineer. Items no. 22 and 23 have been satisfied. Item no. 24 would remain.

With respect to the remaining conditions, the developer acknowledged they were acceptable to them. In resolution of this matter, the Board made the following motion:

Motion: --- I move that Resolution No. 2007-35, Preliminary Final/Plan Approval of B. Braun Medical, Inc., Campus Expansion, Phase 2, 901 Marcon Blvd., Allentown, PA 18109 be adopted as presented based on revised plans dated July 11, 2007, with the following conditions:

1.) Each condition must be rejected or accepted in writing by the applicant within thirty (30) days of the date of this approval, or in the absence of such acceptance, this approval shall be deemed rescinded as of the expiration of the thirty (30) day period or the date of receipt of the rejection of any such condition, whichever first occurs.

2.) Fire Chief shall review and approve plans.

3.) Show the cooling tower pipe and discharge sizes, materials, inverts, slopes,
etc. Detail of the pump intake structure shall be shown on the detail sheet.
Pump specs, alarm, size of cooling tower, etc. shall be provided. Approval
by the Township Engineer is required.

4.) The storm sewer calculations shall be signed and sealed by a Pennsylvania Professional Engineer. The Dillon detention pond outlet control structure shall be analyzed/ routed with the increase in the acre-feet. The predevelopment tributary area plan was missing from the stormwater management report. The freeboard requirements (1.5’) are not met for detention pond “D”. The stormwater review will be completed upon receipt of this information. Approval by the Township Engineer is required.

5.) The City of Bethlehem shall provide approval for the future water usage.

6.) The DEP planning module shall be submitted.

7.) A Post Construction Stormwater Management Plan shall be submitted and
approved by the Township Engineer.

8.) . All fees shall be paid to the Township and Developer shall execute land
development improvement, maintenance, and security agreements to secure the construction and maintenance of required improvements in a form satisfactory to the Township Attorney.

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

2.) Resolution No. 2007-36, A Resolution Declaring Tuesday, August 7, 2007, as National Night Out in Hanover Township (Vote).

Motion: --- I move that Resolution No. 2007-36, A Resolution Declaring Tuesday, August 7, 2007 as National Night out in Hanover Township be adopted as presented:

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

3.) Resolution No. 2007-37, A Resolution Providing for the Appointment of Douglas Baillie as a Member of the Hanover Township Planning Commission (Vote).

Chairman Paulus advised that as the Board is aware there is a vacancy on the Hanover Township Planning Commission as a result of retirement of one of the Board Members. The Township has received a letter from Mr. Baillie indicating his interest in being appointed to fill that vacancy. In resolution of this matter, the Board made the following motion:

Motion: --- I move that Resolution No. 2007-37, A Resolution Providing for the appointment of Douglas Baillie as a Member of the Hanover Township Planning commission be adopted as presented:

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

4.) Resolution No. 2007-38, A Resolution Providing for the Appointment of Priscilla Fiore as a Member of the Hanover Township Recreation Commission (Vote).

It was noted that there is a current vacancy on the Hanover Township Recreation Commission as a result of the resignation of a member of that Board recently. In that regard, Priscilla Fiore has expressed an interest in serving as a member of the Hanover Township Recreation Commission. In resolution of the matter, the Board made the following motion:

Motion: --- I move that Resolution No. 2007-38, A Resolution Providing for the Appointment of Priscilla Fiore as a Member of the Hanover Township Recreation Commission be adopted as presented:

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

5.) Bill No. 2007-4, An Ordinance Amending the Statutory Code of Hanover Township to Permit Signs with Changing Images or Messages in PIO and PC Zoning Districts (Public Hearing).

Attorney James Bartholomew appeared before the Board and reiterated the history of this matter to Council. Attorney Bartholomew noted that he had been before them several months ago with a draft ordinance. As Council will recall, there were gaps in the ordinance and he again appeared before Council on May 16, 2007 with a proposed ordinance satisfactory for circulation to the necessary parties. Attorney Bartholomew advised that the proposed ordinance needed to be submitted to the Hanover Township Planning Commission, the Lehigh Valley Planning Commission, and neighboring municipalities. All the necessary steps have been taken and the proposed ordinance has been advertised for a public hearing this evening. Attorney Bartholomew indicated that he appeared before the Hanover Township Planning Commission on June 19, 2007. As a result of that meeting, there was discussion with respect to requiring a portion of each 60 minute loop on an electronic message sign to be devoted to public service. Attorney Bartholomew advised Council that he thought that probably the Township could not make that obligatory. The Planning Commission suggested that to the extent unsold message time is available, that the sign companies would consider utilizing the unsold time for public service matters. Attorney Bartholomew noted that the ordinance still retains the provisions regarding Amber Alert or other government signs. Attorney Bartholomew advised Council that they have received copies of that proposed change to the ordinance. With respect to the Lehigh Valley Planning Commission, a submission was made to that body and they have responded by indicating that they have no comments. Additionally, the neighboring municipalities that were given notice of this proposed ordinance have not responded Attorney Bartholomew further advised the Board that as a result of recent discussions with a representative from Adams Outdoor Advertising, he is also suggesting to the Board a revision to Section 703(1). Historically, Attorney Bartholomew indicated the Zoning Officer has had difficulty with the issue of repair. He further noted that repair could result in complete reconstruction or replacement. At that point, the ordinance incorporated certain changes in the language involving the rebuilding of signs. Attorney Bartholomew further noted that it was made clear that the only work for rebuilding could be done by the sign owner. Attorney Bartholomew advised that all these issues were part of the Zoning Hearing Board case involving Tri-Outdoor which was heard by the Zoning Hearing Board on July 10, 2007. Council should be aware that the Zoning Hearing Board sustained the Township’s objection to that application and ruled in our favor. After considering different issues, Attorney Bartholomew advised Council that he felt that the Township would be better served to keep the language already existing in the ordinance as originally set forth in Section 703(1). However, it would be necessary to add the new last sentence, which I am suggesting which as you will note removes the word rebuild and replaces same with structural reinforcementAttorney Bartholomew further advised the Board that as a result of recent discussions with a representative from Adams Outdoor Advertising, he is also suggesting to the Board a revision to Section 703(1). Historically, Attorney Bartholomew indicated the Zoning Officer has had difficulty with the issue of repair. He further noted that repair could result in complete reconstruction or replacement. At that point, the ordinance incorporated certain changes in the language involving the rebuilding of signs. Attorney Bartholomew further noted that it was made clear that the only work for rebuilding could be done by the sign owner. Attorney Bartholomew advised that all these issues were part of the Zoning Hearing Board case involving Tri-Outdoor which was heard by the Zoning Hearing Board on July 10, 2007. Council should be aware that the Zoning Hearing Board sustained the Township’s objection to that application and ruled in our favor. After considering different issues, Attorney Bartholomew advised Council that he felt that the Township would be better served to keep the language already existing in the ordinance as originally set forth in Section 703(1). However, it would be necessary to add the new last sentence, which I am suggesting which as you will note removes the word rebuild and replaces same with structural reinforcement.

In summary, Attorney Bartholomew advised Council that they could enact the ordinance this evening or wait until he could provide them with a clean copy incorporating these few changes into the body of same. Attorney Bartholomew indicated that if there is a substantial change in an ordinance, there is a necessity to readvertise. However, he did not feel that these changes were of a substantive nature. The Township Manager commented to the Board that she felt that Attorney Bartholomew should be commended both for his work on this proposed ordinance as well as his representation of the Township in the recent Zoning Hearing Board Appeal. Council determined that enactment of the ordinance this evening would be acceptable to them and in that regard made the following motion:

Motion: --- I move that Bill No. 2007-4, An Ordinance Amending the Statutory Code of Hanover Township to Permit Signs with Changing Images or Messages in PIO and PC Zoning Districts be adopted as Ordinance No. 475:

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

6.) Bill No. 2007-7, An Ordinance Amending the Statutory Code of Hanover Township to Provide for Administrative and Enforcement Procedures Regarding the Building and Construction Codes Adopted by the Township and Prescribing Penalties for Violations (Introduce).

By way of history, the Township Attorney explained to Council that recent court action has necessitated that the Township consider the proposed ordinance which is before them this evening. He noted that, when the Uniform Commercial Code became the state code, across the state those municipalities with exclusive inspectors or staff doing the inspections continued to utilize those individuals to enforce the UCC. As a result of recent court actions, a determination has been made that a municipality could not prohibit other inspectors from performing the inspection activities on behalf of a developer or contractor. As a result of circumstances in a matter in Allegheny County, the higher court read the language very narrowly and it appears that now if someone has a certification, theoretically, contractors could have someone on their payroll doing inspections. This issue is currently under appeal. The purpose of the proposed ordinance before the Board for introduction is to recognize a change in the law so that the Township is in conformity and it further provides for the Township to be notified so that its inspector can be there at the time of the inspection. Attorney Eaton noted that the Township does not get to collect fees for the inspection from the developer. With respect to the ongoing appeal, the Township Attorney noted that the Township could submit a brief should the Township wish to become involved in the court case. Chairman Paulus questioned the Township Attorney as to what action PSATS is taking and Attorney Eaton noted that they have been trying to do some things but they don’t want to take it up and get knocked down again. Attorney Eaton did note that he would double check with PSATS on this matter. Councilman Atkinson questioned what would happen if the Township Building Inspector disagreed with the other party’s inspector. Attorney Eaton indicated that that issue has not been raised yet. Attorney Eaton further noted that he would see if he can look at that issue and redraft it in the ordinance.

Motion: --- I move that Resolution No. 2007-38, A Resolution Providing for the Appointment of Priscilla Fiore as a Member of the Hanover Township Recreation Commission be adopted as presented:

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

7.) Bill No. 2007-8, An Ordinance of the Township of Hanover, Lehigh County, Pennsylvania Providing for the Vacation of Hoover Avenue Between Pennsylvania Avenue and Ulster Road (Introduce).

The Township Attorney advised Council that this matter arises as a result of the owner of the property located at 1834 Pennsylvania Avenue requesting that Hoover Avenue be vacated. Attorney Eaton noted that Hoover Avenue is a 25-foot right-of-way as shown on the plans of the Mary Panach property. However, that development only owned the area north of the centerline. The issue at the present time, which is causing difficulty, is what exactly is to be vacated. Attorney Eaton noted that only part of Hoover Avenue was formerly dedicated. Determination has to be made as to what can be vacated. Additionally, the Township desires to retain a utility easement. The Township Attorney advised that he would like the Board to introduce the ordinance this evening and if the southern portion was never dedicated we would only consider the northern portion for vacation. The Township Attorney advised Council that he would request a brief executive session after the meeting to review some issues regarding this matter. With respect to the vacation, the Township Attorney advised the Board that this matter would require three advertisements one week apart and that a public hearing be held within 30 days.

Payment of the Bills:

Motion: --- I move Council authorize payment of Payroll dated 6/29/2007; Payroll dated 7/13/2007; Voucher Nos. 12709-12712 (6/30/07 EOM Prepaids), Voucher Nos. 12713-12718 (7/18/07 Prepaids), Voucher Nos. 12719-12758, from the General Fund Account in the amount of $136,940.67; Voucher Nos. 1749 (7/18/07 Prepaids), Voucher Nos. 1750-1759 from the Capital Reserve Account in the amount of $20,135.30; Voucher Nos. 1630-1644 (6/30/07 EOM Prepaids), Voucher Nos. 1645-1657 (7/18/07 Prepaids), Voucher Nos. 1658-1662 from the Escrow Account in the amount of $18,654.13; Voucher Nos. 1755 (6/30 EOM Prepaids); Voucher Nos. 1756-1767 from the Water Account in the amount of $6,146.15; Voucher Nos. 2871-2872 (6/30/07 EOM Prepaids), Voucher Nos. 2873-2883 from the Sewer Account in the amount of $39,643.52 for a Grand Total Expenditure of $219,519.77.

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

Courtesy of the Floor:
Rocco Caracciolo, P.E., Pennoni Assoc., B. Braun Medical Phase 3, 939 Marcon Blvd., Allentown, PA

Mr. Rocco Caracciolo of Pennoni Associates appeared before the Board on behalf of B. Braun Medical to review with Council their proposal for B. Braun on the property located at 939 Marcon Blvd. Mr. Caracciolo noted that this is the former Sure Fit property and that B. Braun would like to construct a manufacturing plant on the property. The plant would be approximately 240,000 square feet and there would be a portion of the construction, which exceeds the maximum height regulations of the Township’sOrdinance. In that regard, his client would like to seek a variance from the Hanover Township Zoning Hearing Board and submit by August 3, 2007 to appear before that Board at their meeting on August 23, 2007.

Mr. Joseph Ketterbaugh of B. Braun approached Council and provided them with renderings of the proposed building construction. Mr. Ketterbaugh noted that the property will be primarily a manufacturing facility with a small office area. He noted that B. Braun anticipates employment of approximately 250 new people for this operation. The property he noted is designed to be a tourable facility where people can be brought in to observe the operation. There was discussion relative to the operation being conducted in the facility incorporated in the structure for the manufacture of the product which is the area that would be no higher than 110 feet and would be the subject of the variance request of B. Braun. It was noted that this area housed equipment and product necessary for the final product being manufactured. Representatives of B. Braun provided the Board with photographs depicting a like facility in Germany which is also owned by B. Braun. There was discussion with respect to Lehigh Valley Industrial Park being contacted and that the developer is working with them regarding this facility. There was a discussion with respect to the Township’s current rescue truck having a capacity and height of 75 feet. Mr. Caracciolo noted that in discussions with the Township’s Fire Chief, they were looking at safety hooks being placed on the building to accommodate the additional height issues. It was noted that the operation would be handled with three shifts, but that other than an occasional maintenance person there would be no individuals housed in the large tower area where the manufacturing process is being conducted. There were discussions regarding truck traffic being increased from this type of facility and how that would be handled. The developer noted that they have done some traffic counts and will be continuing to look at that issue. With respect to target dates, it was noted that the demolition of the existing Sure Fit facility could be accomplished this Fall and construction could commence the end of January, 2008, with a building completion projected by the Winter of 2010 and the start of product production sometime in 2011.

The Township Attorney commented that if Council is in favor of supporting a variance that they could make a motion to that extent. Attorney Eaton noted that the 65 feet was put in the ordinance for consideration involving office buildings. The thought was that an office building over 65 feet would be a problem to service with fire equipment. Attorney Eaton felt this situation is different since you are dealing with an area housing equipment that is visited from time to time by maintenance personnel. The following motion was placed on the floor.

Motion: --- I move that Council support the grant of a height variance for B. Braun Medical based on the information provided that the area in question is an industrial space not continuously occupied by people and is different than any height concerns of buildings which arise where the area in question is office space.

The Motion was not seconded. Chairman Paulus advised all in attendance that he wanted to have a discussion with the Township’s Fire Chief before taking an official position on this matter.

Adjournment:

The meeting was adjourned at 9:05 P.M.

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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