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

It should be noted for the record that Councilwoman Hayden attended the meeting via telephone conference as a result of a disability, which does not permit her attendance in person.

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

Attendance: ---------- 9

Courtesy of the Floor:

1.) Mr. Michael Metzger and Mr. Tim Edinger of Base Engineering appeared before Council to review with the Board 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.

The Township Attorney advised the Board that at the last meeting this proposed Ordinance was introduced. Subsequent thereto, Mr. Metzger and I had discussions regarding the Ordinance. There were enough changes that were necessary to constitute substantive changes to the Ordinance. Attorney Eaton indicated he thought it would be worthwhile to have Mr. Metzger present at this meeting to review the changes that have been made as well as any other additional changes that need to be made. Attorney Eaton noted that in the old Ordinance there was no language concerning a conflict of interest with private inspectors. He advised that there could arise a situation where you would have an inspector on the developer’s staff. Attorney Eaton noted that the first change relates to a definition, which has been added defining affiliate. He also noted that Item No. 7 under Section 4-504 is new. Attorney Eaton also advised Council that there had been an issue raised with respect to an appeal process. He advised that this proposed Ordinance gives the Township the right to appeal the decision of a private inspector.

Michael Metzger approached the Board and indicated that he is here this evening accompanied by Tim Edinger of Base Engineering to discuss this matter with Council. He indicated as Council was aware in 2004 the Uniform Construction Code was enacted. Hanover Township opted in. Hanover Township has opted to enforce the UCC through a third party agent, namely, Base Engineering. Because of language in the law, some entities in the State of Pennsylvania have filed lawsuits. Those lawsuits are working their way through the court system. An appeal had been overturned and as a result of same anyone certified by the Department of Labor and Industry can do work anywhere in the state. Mr. Metzger noted that he feels that the proposed Ordinance is a good thing and that the Township is being proactive since the issues raised by the courts could come knocking on our doors. Mr. Metzger also noted that he felt the Township Attorney’s proposed Ordinance is inclusive and as comprehensive as it can be.

Mr. Edinger advised the Board that different townships have handled this matter in different ways. He did note that no one has come under legal scrutiny as far as how to address this problem. He further noted that he felt that this fall there would be some legislation coming out of PSATS to address the problem. Whether there would be problems generated by the Pennsylvania Builder’s Association, he did not know. Mr. Edinger noted that his firm represents quite a few municipalities, but has not received a request for inspections by private parties. There are enough inspectors working for municipalities and he felt that they do not want to intrude in others areas of work.

Councilman Atkinson questioned where the challenge arose and Mr. Edinger noted that it came from the western part of the state. He noted that Hanover Township has had the Building Code a long time, where some of the other municipalities came in later. Those municipalities went out and hired third party inspectors, employees on staff that were certified, etc. Some firms were left out and they filed a lawsuit. They felt they should be able to do inspections in any community and the courts upheld that theory.

Mr. Metzger noted that the Township of Hanover has not received any requests as of yet. He noted that his firm is still permitted to mandate plan review, administration and enforcement, but not inspection. Some municipalities are making the fees for those things rather high to discourage other firms from coming in. The Township Attorney commented that he did not feel the Township should go that route. Councilman Atkinson indicated that his concerns are number one having incompetent people doing inspections and number two the conflict of interest situation where a builder could have his brother-in-law doing inspections. Mr. Edinger commented that just because you are licensed does not allow you to do inspections. The person must work for a third party agency. He noted the insurance requirements are very onerous, but if your brother-in-law works for a huge company, that issue may not be a concern. Chairman Paulus questioned the provisions of law regarding these issues and Mr. Edinger indicated that he would be happy to provide the Township Manager with the exact citation.

Mr. Edinger further stated that you can hire your own employee and he does not have to be a third party agency. In this situation, the employee is covered under the umbrella policy of the Township. Councilman Atkinson noted that the person must still have a certification. In conclusion of these discussions, the Township Council made the following motion to acknowledge acceptance of the amendments to the proposed Ordinance.

Motion: --- I move that we accept the changes in Bill No. 2007-7 and accept same for advertising.

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

It should be noted that Councilwoman Hayden was not available at this point in the meeting and did not participate in the vote. Councilwoman Hayden did not attend the remainder of the meeting.

Approval of Minutes: ------ July 18, 2007, Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the July 18, 2007 Regular Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

The Township Manager offered no oral report at this time.

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

The Township Engineer was not in attendance at the meeting and accordingly offered no report at this time.

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

1.) The Township Attorney advised that he has received some more inquiries with respect to the EMS sign issue. He noted that it appears that the sign companies have some problems between themselves.

2.) The Township Attorney advised the Board that he has received the appraisals for the condemnations for the Airport Associates project. He requested a brief Executive Session with the Board after the meeting for approval of those appraisals before beginning the negotiation with respect to the prices.

3.) The Township Attorney advised the Board that it is his understanding that at a special meeting this week, the Board introduced an Ordinance relating to a contract with Joao & Bradley Construction for the sewer project which had recently been bid. In accordance with the Charter, the Township Attorney advised that this Ordinance is necessary since the contract relates to a Capital Project.

Unfinished Business:

1.) Rocco Caracciolo, P.E., Pennoni Assoc., B. Braun Medical, Phase 3, 939 Marcon Blvd., Allentown, PA (Discussion).

Mr. Caracciolo of Pennoni Associates appeared before the Board and updated the Board as to the status of this matter. He noted that a meeting had been held with the Township Engineer to go over sewer allocation. He indicated that they are looking at capacity in Pump Station No. 3, but that he is confident that issue can be worked out. He also indicated that a meeting had been held with representatives of the Lehigh-Northampton Airport Authority. The project is below plane level for the building with the height of the building. There were a couple minor restrictions. For example, no reflective material on the building is permitted and landscaping is restricted in that you cannot attract certain species of birds. Mr. Caracciolo noted that all stormwater will be infiltrated and a green roof will be necessary. He further noted that they are reducing impervious coverage and recycling water.

Mr. Caracciolo advised the Board that he had a meeting with the Township’s Fire Chief. The Fire Chief has requested certain safety features on the building and they will comply with those requirements. Additionally, there will be a paved 24 foot wide road around the building which allows the Fire Company access everywhere. Chairman Paulus commented that he was advised that the steel beam on top of the tower brings this facility in compliance with California regulations, which are the toughest in the United States. Chairman Paulus also indicated that he had spoken to the Fire Chief and that everything seems to be in order. Chairman Paulus also noted that there is an elevator that goes all the way to the top of the facility and that could be used in an emergency situation. Mr. Ketterbaugh of B.

Braun Medical who was in attendance at the meeting advised Mr. Paulus that there are in fact two elevators in the building.

Mr. Caracciolo advised Council that as they are aware it is the intent of B. Braun Medical to file an appeal with the Zoning Hearing Board on Friday of this week for a hearing to be held before the Board on August 23, 2007. In that regard, Chairman Paulus noted that he was of the opinion that he did not like to put pressure on any of the Boards. Chairman Paulus did note, however, that as far as he was concerned he felt this was a safe project for the Township. Attorney Eaton advised he would like to suggest that if the Township is taking a position they explain same to the Zoning Hearing Board. Attorney Eaton further noted that as he understands the Township’s rationale in the height of the tower as constructed is that it is just open space for equipment and that there are no offices or gathering places for people. This situation is not the situation which is addressed by the Township’s height ordinance and that the restriction for height related to office facilities and was not really meant for this type of facility. Attorney Eaton advised that he is sure that the developer will express this at the meeting but that it might be a better idea for the Township to convey to the Zoning Hearing Board how the Township came to its conclusion.

There was a discussion with respect to Township Council’s position in making recommendations to the Zoning Hearing Board. The Township Attorney advised that state law requires that the Zoning Hearing Board have its own solicitor. He noted that the governing body is permitted to either send a representative to the Zoning Hearing Board hearing and additionally to go to the Board and give evidence. Attorney Tim Charlesworth, Counsel for B. Braun Medical, addressed the Board at this time and inquired as to whether the Township was in agreement with them that based on what has been described that the height of the tower is necessary for the process being accomplished in this building and that the Council feels that it is a reasonable height. Mr. Ketterbaugh interjected that the occupancy of the tower is minimal. You have one or two people mixing chemicals. There may be some people in lower levels. However, this is not a high occupancy area. Attorney Eaton noted that this is not an area where people gather. Mr. Ketterbaugh acknowledged that was the case. Mr. Ketterbaugh also stated that the 110 feet is a proposed height. In other words, the tower would be no taller than 110 feet but it could be less than 110 feet. Councilman Atkinson commented that the chemicals we are talking about are basically simply salt and sugar. Mr. Ketterbaugh noted that the closest thing to this type of facility would be the Nestle plant. Mr. Joseph Feskanin a resident of the Township and in attendance at the meeting questioned whether this was a continuing process or a batch and Mr. Ketterbaugh indicated it was a batch. Mr. Feskanin questioned the time intervals and Mr. Ketterbaugh noted that a batch runs about eight hours. In resolution of this matter, the Board made the following motion:

Motion: --- I move that the Hanover Township Council send the Township Manager to the Hanover Township Zoning Hearing Board hearing on August 23, 2007 with respect to the appeal of B. Braun Medical to present the Township Council’s position with regard to the tower height in this facility and its relationship to the Township’s height ordinance.

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

2.) 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 (Discussion).

The Township Attorney advised the Board that Bill No. 2007-8 was introduced at the last meeting. He noted that state law with regard to the vacation of roadways requires that the ordinance be published in its entirety. He noted that he has made some minor modifications to the ordinance. Because of the cost of the advertising, he has prepared a shorter version. With respect to the acceptance of the amendments to the ordinance, the Board made the following motion:

Motion: --- I move that we accept the revised ordinance as introduced in its entirety.

Dreisbach: Seconded

There was a discussion initiated by Councilman Atkinson with respect to the fact that he has some concerns with respect to blocking off Hoover Avenue and that it could be a problem because people use it for access. He questioned whether by virtue of the utility easement the Township is requesting, the Township could allow a pedestrian walkway. The Township Attorney advised that was not the case and that the Township might as well keep the property if the Township desired to go that route.

Atkinson, Dreisbach, Paulus: -------- Aye ------- Unan.

New Business:

2.) Bill No. 2007-10, An Ordinance Vacating Steelstone Road for its Entire Length (Introduce).

Bill No. 2007-10 was introduced at this time. The Township Attorney noted that the developer has given us an easement in the existing roadway until the new roadway is constructed. The Township Attorney further noted that there is a 30 day period before adoption can occur.

Courtesy of the Floor:

Ms. Kay Thompson, 2749 Donna Jo Way, approached the Board. Ms. Thompson advised that she is a resident in the Chestnut Grove Towne Garden Development and that she has been getting mice. She advised the Board that she has noticed in the development quite a few garbage cans do not have lids. She questioned whether the Township has a directive that garbage cans must have the lid on at all times. She noted that one of her neighbors is one of the individuals in the development that does not keep a lid on the garbage can. She advised the Board that she had called the City of Bethlehem and the City of Allentown and they have both indicated that they have an ordinance requiring that garbage containers have lids on at all times. The Township Manager reviewed the Township Ordinance at the meeting and advised all in attendance that there is a provision in the current ordinance requiring that lids be kept on the garbage cans at all times. Accordingly, the Township Manager was directed to prepare a notice to all residents within the Township that garbage and recycling cans must have a lid on them at all times. It should be noted that an inspection will incur and people in violation will ultimately be cited before the local magistrate.

Ms. Thompson also discussed with the Board a property in the development, which has five foot high weeds on the property. It was noted that the property is up for Sheriff’s Sale and has been abandoned more or less by the owner. Councilman Atkinson directed the Township Manager to take whatever action is necessary to clean up the property as soon as it is feasible to do so.

Chairman Paulus noted that the Township Council will be going into an Executive Session to review the appraisals the Township Attorney has received for a condemnation project and would not return to the meeting with any decision regarding that matter.

Adjournment:

The meeting was adjourned at 8:25 P.M.

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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