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Township Meeting - Minutes

HANOVER TOWNSHIP, LEHIGH COUNTY
REGULAR COUNCIL MEETING

October 3, 2007
7:30 P.M.

Present: ---- Councilwoman Hayden, Councilmen Atkinson, Dreisbach, Kovacs, Paulus: J.Jackson Eaton III,
-------------------- Esquire; Frederick W. Hay, P.E.; 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: ------------------ 0

Attendance: ---------- 2

Courtesy of the Floor: None

Approval of Minutes: ------ September 19, 2007, Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the September 19, 2007 Regular Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager
1.) The Township Manager advised Council that the sale of the squad truck has been finalized and title has been transferred.

2.) Council should be advised that we are now in receipt of the 1 Ton Pickup Truck purchased by the Township some time ago. As Council will recall, the original delivery was the incorrect color and a new truck had to be reordered in the color specified by the Township at the time of the purchase.

3.) The Township Manager advised the Board that they are in receipt of the proposed 2008 Budgets and therefore should schedule Budget Hearings at this time. In that regard, Council determined that all Budget Hearings would be held on Monday evenings commencing at 7:00 P.M. and that said hearings would be held on October 22, 2007, October 29, 2007, November 5, 2007, November 12, 2007, November 19, 2007 and November 26, 2007. In discussions, it was determined that the Water and Sewer Budgets, which are attended by the Township Engineer would be held on November 5, 2007.

Councilman Kovacs questioned the Township Manager as to the status of the lights that had been removed from the squad truck prior to its sale. The Township Manager noted that in conversations with the Township’s Fire Chief he had indicated that the Fire Company could utilize those lights and it appeared that the Township would not be in a position to donate same to the volunteer fire company as requested by the purchaser of the truck.

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

1.) The Township Engineer advised the Board that the Lloyd Street Sanitary Sewer Project has been completed. The only remaining items are permanent restoration of the road, driveways and yards of the affected property owners.

Councilman Dreisbach questioned the Township Engineer as to the status of the Race Street and Willowbrook Road Signal Light Installation. The Township Engineer advised that the plans have been resubmitted to PennDOT. He noted that there had been a grading issue and the incline area from Willowbrook Road to Race Street will need to be flattened out a little bit. Councilman Atkinson questioned timing at the Airport and Catasauqua Rds. signalized intersection. He was of the opinion that on the ramp side coming off of 22 east bound to go straight across to Catasauqua Rd. the light seemed to stay green fairly long even if there was no one there. He questioned whether or not there is a loop at that intersection. The Township Engineer was of the opinion that there was not but would check into the matter. Councilman Kovacs advised that he had misplaced the memorandum from the Township Engineer with respect to the road markings put in place on Catasauqua Road in the area of Troxell Street as a result of the CVS Pharmacy development on the other side of the road, which is situated in the City of Bethlehem. He requested a new copy be provided to him.

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

1.) The Township Attorney advised that there had been a court decision requiring municipalities to adopt an airport hazard ordinance. He advised that the Township Zoning Ordinance does contain an airport industrial district. However, Attorney Eaton indicated that is a planning district. He further noted that the Township does have height restrictions in the zoning ordinance but that they do not necessarily correlate to airport hazard areas. He indicated that he would have someone in his office get in touch with Mr. Krauter at the airport since apparently they have information, which will facilitate the Township in assimilating the appropriate information. Attorney Eaton advised the Board that he is not suggesting any change to the existing ordinance, which is use oriented. Essentially, what we would be doing is an overlay that will follow the hazard areas as determined by FAA. If a property is located in that area it would be subject to hazard regulations with respect to height.

2.) The Township Attorney advised the Board that he had been requested to look into the issue of whether or not handicap parking regulations are satisfied by placing one sign in between two parking spaces. Attorney Eaton advised that his research has indicated that there needs to be a sign for each parking space.

3.) The Township Attorney advised the Board that at the last meeting there had been a request for the preparation of an ordinance restricting open fires. He noted that he has provided the Board with a draft ordinance regarding that issue. Attorney Eaton further noted that there is a blank in the ordinance relating to how many feet from a lot line an open fire can be located as same relates to single family detached dwellings. The Township Attorney noted that the ordinance would not allow open fires, for example, in a townhouse development. The Township Manager noted that the discussions at the prior meeting also revolved around restricting open fires in mobile home parks. The Township Attorney advised Council that the Township’s Fire Chief will need to review the contents of the proposed ordinance and possibly make additional recommendations and further that he would revise the ordinance to include mobile home parks in the scenario involving open fires not being permitted.

4.) As Council may recall, our office was requested to review the issue or roadside memorials. Attorney Eaton noted that he has not been able to find any restrictions specifically relating to that. He advised the Board that he will try to have something for the Board in the near future regarding this matter. Councilman Atkinson indicated that he had thought that either Allen or East Allen Township had been looking at this issue and that perhaps they should be contacted to determine if they have an ordinance in place. The Township Clerk indicated that she had thought that Weissenberg Township had also done something in that regard and that possibly should be looked at also.

5.) The Township Attorney advised that the Township Engineer has provided him with the statutory citations regarding the Army Corps of Engineers and that he would be looking into that matter.

Councilman Atkinson reverted back at this time to prior discussions regarding the signage placed on the roadway of Catasauqua Road near the intersection with Troxell Street. He indicated that in looking at the area in front of Bethlehem’s pumping station there are trees that need to be cut back. Mr. Atkinson was of the opinion that this contributes to the lack of visibility in the area. The Township Engineer felt that those trees were in the City of Bethlehem but that he would check GIS to make a final determination.

Unfinished Business:

1.) Bill No. 2007-10, An Ordinance Vacating Steelstone Road for its Entire Length (Public Hearing).

Chairman Paulus opened the Public Hearing relative to Bill No. 2007-10. The Township Attorney opened the discussions by indicating that as part of the plans for the development of the new Airport Center Shopping Center, Steelstone Road is to be vacated. Additionally, a new access way will be used by the properties presently using Steelstone Road. Attorney Eaton further noted that there were easements for the new property owners to use the new road. The necessary easements, which the developer was going to provide so that existing property owners can continue to use the old road until the new road is in place have not been finalized. Since that should be accomplished in the near future, the Township Attorney suggested that the ordinance could be enacted but a motion could be made that the ordinance does not become effective until November 22, 2007. Councilman Atkinson questioned what would happen if the developer never goes through with the project. The Township Attorney advised that the Township would have a payment bond to build the roadway, which is on the plan. Additionally, the Township Attorney advised that a meeting has been scheduled with the developer for Monday, October 8, to clear up all outstanding issues and that after that meeting the Township may have a better idea of how this matter is proceeding. The Township Attorney noted that Council could have a public hearing tonight and not vote on the matter. The vote can be deferred until the next meeting. The Township Attorney also advised the Board that the advertisement for this road vacation was advertised with the actual plans because of the history of the roadway and so that there is no question regarding the vacation. In resolution of the matter, the Board made the following motion:

Motion: --- I move that Bill No. 2007-10 be tabled until the next regular Council Meeting.

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

2.) Bill No. 2007-11, An Ordinance Authorizing the Condemnation of Certain Properties in the Area of Airport Road and Lloyd Street for Public Road Widening and Easements Within the Boundaries of the Township of Hanover, Lehigh County (Public Hearing).

Chairman Paulus opened the Public Hearing relative to Bill No. 2007-11. The Township Attorney opened the discussions by advising that the proposed ordinance provides for the condemnation of small slivers of land along Airport Rd. and Lloyd Street, which PennDOT is requiring for the proposed shopping center development. The property will ultimately be owned by PennDOT and will become public right-of-way. Attorney Eaton further noted that the Township has attempted to enter into an agreement with the property owner and has sent them appraisal information and they are currently looking at that. If an agreement cannot be reached, the matter will go to a Board of View. The Township Attorney noted that the Township has received 120% of the appraised amount from the developer to utilize in the condemnation process. In resolution of this matter, the Board made the following motion:

Motion: --- I move that Bill No. 2007-11, An Ordinance Authorizing the Condemnation of Certain Properties in the Area of Airport Road and Lloyd Street for Public Road Widening and Easements Within the Boundaries of the Township of Hanover, Lehigh County be adopted as Ordinance No. 478.

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

New Business:

Councilman Kovacs advised the Board that he had previously indicated that he would attend the seminar involving fraud and embezzlement, which was being held, unfortunately, on the same night as tonight’s meeting. Accordingly, he did not attend the seminar, choosing to attend the Council meeting instead.

Courtesy of the Floor: NONE

Adjournment:
The meeting was adjourned at 8:05 P.M.
Respectfully submitted,

Sandra A. Pudliner
Township Manager
Hanover Twp. - Lehigh Cty. - Seal
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