Present: ---- Councilwoman Hayden; Councilmen Atkinson, Dreisbach, Kovacs, Paulus; J. Jackson Eaton, III, Esquire;
--------------------- Frederick W. Hay, P.E.; Sandra A. Pudliner; Vicky Roth

-------------------- Councilwoman Hayden, for medical reasons, attended the meeting via telephone conference.

Absent: 0

Attendance: 3

Courtesy of the Floor: None

Chairman Paulus acknowledged the attendance at the meeting of two Township residents as well as a member of the press.

Approval of Minutes: ------ August 2, 2006 Special Council Meeting
-------------------------------------------- August 2, 2006 Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the August 2, 2006 Special Council Meeting and accept same as presented.

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

Motion: --- I move we waive the reading of the Minutes of the August 2, 2006 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 in addition to a previous Notice of a Zoning Hearing provided to the Board she has provided them with two additional notices of matters coming before the Zoning Hearing Board next Wednesday, August 23, 2006. The first matter involves Airport Associates, L.P. with respect to Special Exception Requests. As Council is aware, a special exception is a permitted use, which requires a review by the Hanover Township Planning Commission to assure that the use will not have an adverse effect on Public Health, Welfare, Safety, etc. Council should be aware that the Hanover Township Planning Commission reviewed these Special Exception Use Requests and made a recommendation to the Hanover Township Zoning Hearing Board that same be granted. With respect to the request of Airport Associates, two of the Special Exception Use Requests relate to the drive-in service, which will be provided at the proposed shopping center for a Starbucks facility and a banking institution. Additionally, an automotive service station is a special exception under the ordinance. The last request of Airport Associates deals with the joint use parking proposed for the shopping center. In that regard, the developer provided the Planning Commission with a schedule for the joint use parking which basically sets forth the type of use, the parking spaces which would be required as a stand alone facility, and the peak hours for the uses in question. The Planning Commission reviewed this matter and taking into account the deficit of less than 10% under the required parking spaces, as well as the apparent lack of need for the additional parking which would only create additional impervious surface, the Board felt that request of the Developer was acceptable.

The Township Engineer commented that he is in agreement with the joint use scenario. Councilman Atkinson noted that they should size the drainage structures for what they are supposed to have. The Township Engineer noted that would basically be the pond. Councilman Atkinson felt that was the smart way to proceed and the Township Engineer noted that the Township could also make a condition that they have to expand the parking if they need to do so.

The Township Manager advised the Board that the Zoning Hearing Board will meet next week to hear the appeal of a Township resident with respect to the expansion of a nonconformity. The resident in question desires to construct a 20’ by 28’ family room as well as a 10’ by 20’ deck on their property. Since the property is situated in the Limited Use Zoning District it is nonconforming and any expansion of the use would be by Special Exception. The Township Manager advised that the Hanover Township Planning Commission also reviewed this matter and felt that the Special Exception should be granted.

2.) Council is also in receipt of correspondence forwarded to a resident with respect to illegal display/sale of vehicles in a Medium Residential Zoning District.

Councilman Kovacs commented that he had noted the work done to clear the rear of Sherwood Park, which abuts the Valley Plaza Shopping Center from brush and debris. He felt that the Public Works Department should be commended on doing a fine job.

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

1.) The Township Engineer advised the Board that he has again driven Marcon Blvd. He noted that the dishes have been installed along the manholes in question. He further noted that he still doesn’t know where there is a wash boarding effect on the roadway.

2.) The Township Manager advised the Board that the Zoning Hearing Board will meet next week to hear the appeal of a Township resident with respect to the expansion of a nonconformity. The resident in question desires to construct a 20’ by 28’ family room as well as a 10’ by 20’ deck on their property. Since the property is situated in the Limited Use Zoning District it is nonconforming and any expansion of the use would be by Special Exception. The Township Manager advised that the Hanover Township Planning Commission also reviewed this matter and felt that the Special Exception should be grantedCouncil is also in receipt of correspondence forwarded to a resident with respect to illegal display/sale of vehicles in a Medium Residential Zoning DistrictCouncilman Kovacs commented that he had noted the work done to clear the rear of Sherwood Park which abuts the Valley Plaza Shopping Center from brush and debris. He felt that the Public Works Department should be commended on doing a fine jobThe Township Engineer advised the Board that he has again driven Marcon Blvd. He noted that the dishes have been installed along the manholes in question. He further noted that he still doesn’t know where there is a wash boarding effect on the roadwayWith respect to the proposed shopping center, the Township Engineer noted that the Developer will be replacing three culverts on Irving Street with one open cell culvert and improving the Allendale swale. Mr. Hay felt that he would again bring before the Board the concept of the Township contributing $100,000 as well as securing necessary easements from any property owners down there towards the work. Mr. Hay noted that it is a good thing for the Township. He further noted that as the Board may recall right when they started the zoning change for the Witko Mobile Home Park his office was in the process of designing improvements for that area, not including anything with the culvert or Allendale. Mr. Hay also noted that this Developer is providing 350’ of pipe for the Township on Middle Lloyd Street. The Township Engineer felt that the Developer is helping solve the Township’s problems. If the development didn’t go in the Township would still have the problems. He also noted that the stormwater work that the Developer will perform is off site. He indicated the Township was going to do work upstream. Even though it was Allendale’s responsibility eventually it comes back to us. Councilman Atkinson questioned the Township Attorney as to whether or not by contributing funding to this corridor the Township would assume any liability. The Township Attorney noted that there are already easements in the swale. He further indicated that improving water flow for a public area is the matter for discussion. The Township can determine that it is in the best interest for the municipality. Attorney Eaton advised that how you document the work is another issue. The Township Engineer commented that the biggest ticket item is the culvert at a cost of approximately $200,000. By contributing $100,000, the Township would effectively be covering half of that expenditure. The Township Attorney expressed concern as to what restrictions this contribution may impose on the developer. He indicated that there would be public bidding requirements if it were a Township project. If it’s one specific project, it might be viewed as an attempt for the Township to get out of the bidding requirements. The Township Engineer felt that you could definitely earmark the monies for the structure itself. The Township Attorney felt he and the Township Engineer should sit down and discuss the matter and bring something before the Board to consider. He noted that as soon as you get off site and are not directly contiguous to the Developer’s property, the Township’s authority is not as direct. Developers may agree to something even though they are not legally required. Attorney Eaton indicated there are a number of factors to consider, but he did feel it reasonable to go forward on the Township Engineer’s recommendation. Councilman Kovacs commented that the Township resident, Mr. Feskanin, who has attended all the meetings, went on record praising the Township Engineer for his review of this project. The Township Engineer advised that Mr. Feskanin at a public meeting voiced his opinion in favor of the Township making a contribution. The Township Engineer noted that we need to get easements from the Keim property. He also noted that they would create a bigger channel and it would be a little steeper. Councilman Atkinson questioned the wall construction of the structure and the Township Engineer noted that it would be cable concrete walls and that they would be utilizing a new fabric for lining. The discussion was concluded and it was noted that the Township Attorney and Engineer would review the matter in detail and report back to the Board. The Board in general was in favor of the contribution at this time.

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

The Township Attorney advised that all his items are set forth on the Agenda. .

4. Maintenance Report (Written)

5. Fire Company Report (Written)

6. Code Enforcement Officers’ Reports (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.

Upon questioning, the Township Manager advised that all the necessary repairs to the Schoenersville Road signal light as a result of the automobile accident, which occurred there a while ago have been made and that the signal light is operating properly. It was also noted that the handicap access to the gazebo located by the waterfall has been installed. Council commented on the steady surveillance of Canal Park by the Code Enforcement Officers since the recent vandalism.

8. Treasurer’s Report (Written)

Motion: --- I move we accept the computer printouts dated August 16, 2006, 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, Hayden, Kovacs, Paulus: ------- Aye ------- Unan.

Unfinished Business:

1.) Bill No. 2006-2, An Ordinance Amending Section 701, Chapter 13, Part 7 of the Statutory Code of Hanover Township to Permit the Township Manager to Grant and Rescind Designated Parking Spaces for Disabled Persons (Public Hearing).

Chairman Paulus opened the Public Hearing relative to Bill No. 2006-2.

Mr. Thomas Lerch, a Township resident at 2320 Grove Road, Allentown, PA 18109, approached the Board at this time and advised that he believed that in the mid-90s the law was changed to reflect that documentation should say person with a disability rather than disabled person. He noted that even handicap plates have been changed from the standard to PD for person with disability. Attorney Eaton noted that is not a substantive change and could be made at this time. Council made the following motion:

Motion: --- I move we amend Bill No. 2006-2 to say person with a disability where necessary in the proposed ordinance.

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

Motion: --- I move that Bill No. 2006-2, An Ordinance Amending Section 701, Chapter 13, Part 7 of the Statutory Code of Hanover Township to Permit the Township Manager to Grant and Rescind Designated Parking Spaces for Persons with Disabilities be adopted as presented.

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

2.) Bill No. 2006-3, An Ordinance Amending Chapter 15, Part 6, General Parking Regulations, of the Statutory Code of Hanover Township to Prohibit Parking in Canal and Sherwood Park After Operating Hours (Public Hearing).

Chairman Paulus opened the Public Hearing relative to Bill No. 2006-3. The Township Attorney noted that this proposed ordinance was introduced in writing at the last meeting but language was added at that time to include Sherwood Park. Attorney Eaton advised that it was not a substantive change. Councilman Atkinson questioned whether the fine for the prohibited parking is reasonable and Attorney Eaton indicated that it might be slightly above normal but not unreasonable. A Township resident, Nancy Perelli, of 2774 Suzanne Way, Allentown, PA 18109, questioned the hours of operation of the Township parks. Chairman Paulus responded that the parks open at sunrise and close at sunset. Councilman Atkinson commented that the ordinance permits some leeway for individuals having parties, etc. in the park facilities to one half hour after sunset. In resolution of this matter, the Board made the following motion:

Motion: --- I move that Bill No. 2006-3, An Ordinance Amending Chapter 15, Part 6, General Parking Regulations, of the Statutory Code of Hanover Township to Prohibit Parking in Canal and Sherwood Park After Operating Hours be adopted as Ordinance No. 465.

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

3.) Bill No. 2006-4, An Ordinance Amending Chapter 13, Part 6, Section 602 of the Statutory Code of Hanover Township to Provide for a Ten Day Notice by Mail of Liquor License Transfer Hearings (Introduce).

The Township Attorney noted that per discussions with the Township Manager the Township Manager has requested that the notice for advertising purposes follow the Zoning Ordinance but only require one advertisement no more than 30 days before the hearing nor less than 14 days before the hearing. Accordingly, the Township Attorney indicated that the language would be changed in the ordinance to reflect that. Bill No. 2006-4 was introduced with the new language as set forth in these discussions with a Public Hearing on same to be held on Wednesday, September 6, 2006 at 7:30 P.M.

New Business

Councilman Kovacs advised the Board and all in attendance that he had attended the Lehigh County Association of Township Officials Summer Convention. He commented that some of the other municipalities had more individuals in attendance but he on behalf of the Township had given a speech on the Canal Park facilities in the Township. He noted that the speech was well received. He further noted that the Board, of which he is a member, is presently working on having only one convention per year as opposed to the current two conventions that are held, one in the summer and one in the winter.

Councilman Dreisbach questioned whether or not the Township has ever looked at the security for the Township Building. Chairman Paulus advised that he had looked at that some time ago. A discussion ensued as to various ways to secure the building. It was noted that you could have the front door locked and buzz people in, but the Township Clerk was not in favor of that when it was brought up some time ago. Councilman Atkinson felt the Township should at least look at video cameras as part of the Township’s security system. The Township Attorney noted that a silent alarm could be secured through security agencies. There was a discussion with respect to panic buttons. Councilman Atkinson noted that there could be installation regarding remote locking of the doors. No conclusions were reached, but the Township would look to their security people to see what options are available.

Chairman Paulus brought up the possibility of the increase in wages for the Township’s Zoning Hearing Board from $25 to $35 per meeting. He noted to the Board that when this had been looked at some time ago the reason for not raising the wages was the fact that the Township Governing Body was only receiving $35 per meeting. Since that time, things have changed and he questioned the other Board members as to their feelings. The Board as a whole felt that the increase to $35 per meeting for the Zoning Hearing Board members was acceptable. The Township Attorney asked the Township Manager to look at the administrative code to make sure that there are no requirements for revision necessary. The Township Attorney also noted that the payment should be specified in the upcoming budget.

Payment of the Bills:

Motion: ------- I move Council authorize payment of Payroll dated 7/28/06, Payroll dated 8/11/06, Voucher Nos. 11988-11990 (7/31/06 Prepaids), Voucher Nos. 11991-11993 (8/16/06 Prepaids), Voucher Nos. 11994-12049, from the General Fund Account in the amount of $93,458.48; Voucher Nos. 1675-1681 from the Capital Reserve Account in the amount of $30,880.08; Voucher Nos. 1474-1479 (7/31/06 Prepaids), Voucher Nos. 1480-1489 (8/16/06 Prepaids), Voucher Nos. 1490-1495 from the Escrow Account in the amount of $93,458.48; Voucher Nos. 1667-1673 from the Water Account in the amount of $42,262.66; Voucher Nos. 2725-2734 from the Sewer Account in the amount of $17,300.87 for a Grand Total Expenditure of $277,360.57.

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

Adjournment:

Motion: ------- I move we adjourn this meeting of the Hanover Township Council at 8:20 P.M.

Paulus: Moved

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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