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

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

Attendance: ---------- 1

Courtesy of the Floor: NONE

Approval of Minutes: ------ May 17, 2006 Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the Regular Council Meeting of May 17, 2006 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 of the current status involving the tenants at Valley Plaza Shopping Center as same relates to garbage accumulation in the rear of their tenants’ spaces. The Township Manager noted that one citation has been issued and that more may be forthcoming. Mrs. Pudliner advised that the Township would continue to monitor the garbage situation in that area.

2.) At Council’s request, the Township Manager advised the Board that the State Police have been contacted and the Captain has assured the Township that they would patrol Sherwood Park on a regular basis.

3.) With respect to the situation concerning the tree line area between Sherwood Park and Valley Plaza Shopping Center, as Council will recall, there was a discussion with respect to contacting the property owner and asking if he would clean out that area. After contacting the shopping center owner, the shopping center owner indicated that they would prefer that they grant permission to the Township to thin out the problem area now and in the future. To that end, the Township has received a letter from the owner of Valley Plaza Shopping Center stating that the Township has permission to do the work. The Township Manager noted that she had discussed the matter with the Township Attorney and he was of the opinion that the Township could proceed. The Township Manager noted that the Public Works Department will begin the process of cleaning out the brush and other debris in the area in question.

4.) The Township Manager advised the Board that Chairman Paulus and she had attended a meeting with the Lehigh County Executive and other representatives from the municipalities in Lehigh County to discuss issues of concern with the County Executive’s Office. Mrs. Pudliner noted that all 25 municipalities in Lehigh County were in attendance at one of the two meetings that were held. With respect to Hanover Township’s position, the Township Manager advised all in attendance that the Township is basically a commercial/industrial Township and that the Lehigh Valley International Airport has acquired all the land the Township would have utilized for residential development. In essence, the only remaining parcels include the shopping center parcel on Airport Road as well as the small parcel for residential development on Dauphin Drive. It was noted that the Township really had no concerns at this time involving Lehigh County. Chairman Paulus noted that he had also indicated at the meeting that the Township had cut its millage rate recently from ½ a mill to ¼ mill.

There was general discussion held at the meeting involving the Manager’s Report. With respect to the citation process, Councilman Atkinson questioned the fines for citations. The Township Manager noted that for a first offense generally the magistrate’s fines are low but of course the court costs also need to be paid by the defendant. A discussion ensued and the Township Attorney noted that the ordinance provides a maximum fine of, for example, up to $250. In his capacity as part of the judicial process, the Township Attorney noted that the magistrate can set a fine or other penalties up to the maximum, allow for payment over time, etc.

Councilman Kovacs questioned the status of the incident involving a resident on Clarence Street’s tree limb being broken by Waste Management in their garbage collection procedures. The Township Manager was directed to find out the cost for repair of the resident’s tree and review the Township ordinance as to determine liability issues. Coucilman Kovacs also noted that he was of the opinion that the meeting with Lehigh County Executive Don Cunningham was part of the County’s support for regionalization. The Township Manager noted that the County Executive had indicated that he favored the sharing of services but it did not appear that he endorsed the full concept of regionalization.

2. Ryan Christman for
Frederick W. Hay, P.E.
Township Engineer

The Township Engineer was unavailable to attend the meeting and Mr. Ryan Christman of his office appeared before the Board in his absence.

1.) Mr. Christman advised the Board that final plans have been received for the proposed Airport Road Shopping Center. They will be coming before the Planning Commission and his office will be reviewing the plans over the next few weeks.

Councilman Kovacs questioned the status of a traffic signal at Race Street and Willowbrook Rd. Mr. Christman advised that the traffic counts were taken and warrants were justified and that we are now in the process of preparing plans which will be submitted to PennDOT for the construction of the signal light. Mr. Christman felt that the light may be in place by Fall 2006.

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

1.) At Council’s request, I have researched and provided correspondence detailing the results of the research as same relates to a slot machine parlor tax. With regard to revenue the Township might receive if slot parlors went in Lehigh County, the research has determined that the Township would not absolutely be entitled to revenues but grant monies may be available in Lehigh County. However, Attorney Eaton noted that if a slot facility is located in another county, the Township would not be eligible for grants even though it may be contiguous with another municipality in that county.

2.) With regard to the issue involving the possibility of refunding to Township residents the EMS tax paid by them to another municipality in which they work, the Township Attorney noted that he is still researching that issue. It was noted that in Hanover Township, Lehigh County, the tax is set at $10 and has not changed where as in other municipalities it has been raised as high as $52. The refund would be the difference between those two amounts.

3.) The Township Attorney advised the Board that Judge Brenner called a meeting of all the parties in the Airport Tax Appeal case. Settlement has not been completed as of this time. There is still question of the refund in terms of the amount and how soon it is to be paid. The school district has been taking the lead in this matter and the whole matter has really become more of a political issue between the county, the school district and the airport. The judge was not pleased that this matter is taking so long and has established a hearing date when the court will make a determination if the parties cannot agree. That hearing has been scheduled for some time in July.

Councilman Kovacs questioned the Township Attorney as to the status of the lawsuit initiated by two property owners against the Township relating to the proposed Airport Shopping Center. The Township Attorney advised that the hearing has been scheduled for June 14. The court will hear the argument on that matter and will make its decision after that time. The Township Attorney noted that the developer will be proceeding at his own risk. If ultimately the court determines that the Township was wrong in approving the plan before the boundary line issue was determined, developer will have to resolve the boundary line issue. If the court determines that the matter should have been heard in another forum the developer is at risk that he could lose and would have to file an amended plan.

Unfinished Business: None

New Business

Councilman Kovacs questioned the status of the new gazebo to be located near the pond in Canal Park. The Township Manager advised that the concrete slab is in place and the Township is awaiting the delivery of the gazebo.

Courtesy of the Floor: None

Adjournment:

Motion: ---I move we adjourn this meeting of the Hanover Township Council at 7:55 P.M.

Paulus: Moved

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