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

Absent: ------------------ J. Jackson Eaton, III, Esq.; Frederick W. Hay, P.E.

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

Courtesy of the Floor: NONE

Approval of Minutes: ---------- April 6, 2005, Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the April 6, 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 she has provided them with copies of various correspondences sent to various parties in an attempt to resolve outstanding issues and violations of Township ordinances.

2. The Township Manager advised the Board that the Intermunicipal Liquor License Transfer Hearing for Feasta Italiana has been scheduled for Wednesday, May 4, 2005 at 7:00 P.M. at the Township Municipal Building.

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

1. Council should be advised that the airport’s real estate tax appeal was argued last Wednesday before the Pennsylvania Supreme Court with representation on behalf of the Township, the School District, and Lehigh County. With respect to said tax appeal, as Council is aware, the Supreme Court granted the airport’s request to review the Commonwealth Courts and Lehigh County Court’s exemption test as opposed to the immunity test. Attorney Fries noted that he would anticipate two to four months for a decision and also noted that there was no indication given at the time of the argument as to the outcome of this matter.

3. William J. Fries, Esquire
Attorney's Report

In the absence of the Township Attorney, Attorney William Fries of his office appeared before the Board and offered the following report.

1.) He noted that he has spoken to Olev Taramae of the Lehigh Valley Planning Commission who is aware of the Law but not adjustments to other laws to deal with it. Attorney Eaton further noted that he has a meeting scheduled with the Township Engineer and the Township Manager tomorrow to review these matters.

2.) With respect to the issue regarding possible revisions to the Township’s ordinances regarding condominiums, Attorney Fries noted that the Township Attorney has reviewed the matter and is of the opinion that the Subdivision and Land Development Ordinance needs no revision, but that the Township Zoning Ordinance could be improved. In that regard, Attorney Fries noted that the Township Attorney is proceeding to draft some proposed changes to the Zoning Ordinance.

4. Maintenance Report (Written)

5. Fire Company's 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 Fire Company Report, written Code Enforcement Officers’ Reports, and written Building Inspector’s Report and same were noted for the record.

8. Treasure's Report (Written):

Motion: --- I move we accept the computer printouts dated April 20, 2005, for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

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

Unfinished Business:

1. Bill No. 2005-03, An Ordinance Amending Chapter 7, Part 4 (“Fireworks”), of the Statutory Code of Hanover Township to Comply with Act 2004-204 (S.B. No. 856) Regulating the Sale of Fireworks (Public Hearing).

Chairman Paulus opened the Public Hearing relative to Bill No. 2005-03. Attorney Fries noted that after Council’s last meeting revisions had been made to the proposed bill. Attorney Fries indicated that even though the state law addresses the issue of sale, Attorney Eaton still felt the Fire Chief could confiscate fireworks. Additionally, Attorney Fries indicated there were some minor editorial changes made to the ordinance. He further noted that the language in Section 406 dealing with penalties was clarified. With respect to the issue whether the changes were substantive, Attorney Fries indicated that they felt the changes were minor and not of a substantive nature.

Council indicated to the Township Manager that she advised the Township Fire Chief of the language in the ordinance directly affecting him. There was also a discussion with the Township Manager relative to the entity, which had applied for a fireworks permit. The Township Manager advised that that entity was granted a permit due to the fact that the items in question were novelties and were not covered under the new fireworks law. The novelties are not included in the “display fireworks” or “consumer fireworks” which are covered in the state law. In resolution of this matter, Council made the following motion:

Motion: --- I move that Bill Nos. 2005-03, An Ordinance Amending Chapter 7, Part 4 (“Fireworks”), of the Statutory Code of Hanover Township to Comply with Act 2004-204 (S.B. No. 856) Regulating the Sale of Fireworks be adopted as Ordinance No. 458.

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

2. Parks and Recreation in Hanover Township (Review and Discussion).

Councilman Atkinson initiated a discussion relative to the rental of the pavilion in Canal Park. Councilwoman Hayden indicated her concern over the number of parking spaces available and the number of people allowed to attend functions at the Pudliner Pavilion. The Township Manager noted that currently the Township is limiting the number of people to 150. Councilman Atkinson felt that including an area for overflow parking 80 to 90 cars could park in the parking facilities without parking all over the grass. There was discussion over revising the fee schedule, in particular, increasing the fees for the usage of the Pudliner Pavilion. Chairman Paulus indicated his desire to see this year’s bookings in an attempt to determine what types of function were being held (i.e., picnics, parties, etc.). There was a lengthy discussion involving the weddings being held at the pavilion. The Township Manager was of the opinion that if the fees were to be increased that possibly the increase could apply only to weddings since weddings have a greater impact on the facilities than any other function. Councilman Atkinson reiterated that he felt that there is additional parking available at the top of the hill by the sportsmen’s club area and felt that signage could be placed in the park directing people to the overflow area. Councilman Atkinson also felt the Township should look at the restriction the Board placed indicating that 30 people or less would not be charged the fee but only the security deposit. Attorney Fries noted that he would look at the fee schedule currently in effect and other ordinances relative to the parks and attempt to provide the Board with something prior to their next meeting.

New Business: NONE.

Payment of Bills:

Motion: --- I move Council authorize payment of Voucher Nos. 11024-11025 (3/31/05 EOM Prepaids), Voucher Nos. 11026-11030 (4/20/05 Prepaids); Voucher Nos. 11031-11087; Payroll dated 03/24/05, Payroll dated 04/08/05, from the General Fund Account in the amount of $375,770.36; Voucher Nos. 1543-1544 from the Capital Reserve Account in the amount of $776.25; Voucher Nos. 1251-1253 (4/20/05 Prepaids); Voucher Nos. 1254-1259 from the Escrow Account in the amount of $3,902.00; Voucher Nos. 1525-1532 from the Water Account in the amount of $60,693.93; Voucher Nos. 11088-11102 from the Sewer Account in the amount of $143,237.60 for a Grand Total Expenditure of $584,380.14.

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

Courtesy of the Floor:

Mr. Skip Keim, 1635 N. Halstead Street, appeared before Council and thanked the Township Manager for her efforts with respect to securing school bus stop ahead signs for the Allendale Apartments area of the Township. There was discussion with respect to a notation in the Code Enforcement Officer’s report regarding hearing gunshots in the Canal Park area. Councilman Atkinson commented that it could have been across the river and that nothing was found upon investigation in Canal Park. With respect to the parking at the Pudliner Pavilion, Mr. Keim commented that he would like to see the number of people attending a function limited to coincide with available parking. He also was of the opinion that once you leave the paved parking area and allowed parking in an overflow area you are encroaching on the park system. Mr. Keim also questioned whether the Township is aware of the reason for the clearing of the woods behind Microtel. Council noted that the owner of Microtel also owns property adjacent to that and the Board was not aware of his reason for clearing the area other than the fact that many of the trees were in very bad shape.

Mr. Joseph Feskanin, 1680 N. Irving St, appeared before the Board. He noted that the streetlights are again out on Roble Rd. The Township Manager advised that PPL has been contacted regarding same. Mr. Feskanin also brought with him a final draft of the Comprehensive Plan prepared by the Lehigh Valley Planning Commission for the Lehigh Valley through the years 2030. He advised Council that he has had the opportunity to review the proposed Comprehensive Plan. He noted that the Lehigh Valley Planning Commission recommends 25% of the land for agriculture purposes. He noted that they have a concern about construction of the American Parkway Bridge. They also expressed concern over Act 167. It was noted that the Township abides by Act 167 with respect to any land development within the Township. Mr. Feskanin noted that the Comprehensive Plan indicates that housing in the Township will not grow through the year 2030. Mr. Feskanin felt that this is almost by design. Chairman Paulus commented that the Township’s residential growth was eliminated by the condemnation of the residential lands in the Township by the Lehigh-Northampton Airport Authority. Mr. Feskanin questioned the Board as to whether or not the Township plans to follow any of the recommendations of the Lehigh Valley Planning Commission’s Comprehensive Plan. He noted that the plan shows a running water stream by his part of the Township where he resides and requested that the Township Engineer offer him insight with respect to that issue.

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:30 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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