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

Absent: Vicky Roth

Attendance: 9

Courtesy of the Floor: None

Approval of Minutes: ------ August 16, 2006 Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the Regular Council Meeting of August 16, 2006 and accept same as presented.

Paulus, Hayden: 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 correspondence relative to a property on Schoenersville Road, which she as the Zoning Officer has advised the property owner is in violation of their Zoning Hearing Board decision regarding the use of the premises. The Township Manager noted that the owner had been granted relief for the operation of an automotive body repair shop. However, currently the property is also being utilized for rentals of equipment, such as bob cat excavators, chippers, loader backhoes, etc. She has advised the owner that if the additional use of the premises is to be continued relief will need to be sought from the Hanover Township Zoning Hearing Board. If, however, an appeal to the Board is not made the Township will issue citations against the property owner.

A discussion ensued regarding this matter. Upon questioning by the Board, the Township Manager/Zoning Officer advised that in her opinion the additional use of the premises for equipment rental does not appear to be justified. It creates a situation, which could deplete parking, as well as a potential visibility situation for individuals turning onto Schoenersville Road from Grove Road. In resolution of this matter, the Board made the following motion:

Motion: --- I move that we authorize the Township Manager and Township Attorney to oppose an application for relief before the Hanover Township Zoning Hearing Board for the premises located at 2350 Schoenersville Rd., Allentown, PA 18109.

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

2.) The Township Manager advised the Board that a magistrate’s hearing has been scheduled for September 28, 2006 with respect to the matter concerning a property owner on Pennsylvania Avenue involving an illegal pool on the property, which was not permitted. The Township Manager noted that the individual involved has plead not guilty and accordingly a magistrate’s hearing has been scheduled. The Township Manager further noted that the Township will have legal representation at the hearing and that the records have been turned over to the Township Attorney.

3.) The Township Manager advised that the Winter Convention of the Lehigh County Association of Township Officials has been scheduled for Friday, January 12, 2007. Further details will be provided at a later date, but she wanted the Board to be aware of the upcoming convention.

Councilman Kovacs brought to the Board’s attention a situation involving a Township resident who had indicated to him that a tractor-trailer had obstructed him from going down the bank area into the Valley Plaza Shopping Center. The Township Attorney commented that since it is private property the Township does not have jurisdiction. The Township Manager indicated that she would make the Code Enforcement Officers aware of the situation so that they could check the area.

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

1.) The Township Engineer advised that all his items are listed as agenda items.

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

1.) As Council may recall, the Township Attorney noted that a question had come about with respect to the procedure to authorize an increase in the compensation for the Hanover Township Zoning Board. Upon review, the Township Attorney noted that what the Township Manager had proposed, i.e. a line item in the budget, was sufficient.

Unfinished Business: None

New Business

1.) Resolution No. 2006-30, Preliminary Land Development Review, Emergi-Center, 1791 Airport Road, Allentown, PA 18109 (Vote).

Mr. Dan Wilusz of Gilmore & Associates, the Developer’s Engineer, as well the Developer appeared before the Board. The Township Engineer commented that it is the intent of the property owner to construct a new facility and keep the existing facility open until same is constructed. After that time, the old facility will be demolished. Mr. Hay further noted there were some parking issues and stormwater issues. The Township Engineer advised that they have met with the consultant and have agreed to work things out. Chairman Paulus noted that the resolution before the Board for Preliminary Plan Approval has 14 conditions set forth therein and questioned whether or not the Developer agreed to all those conditions. The Developer acknowledged that the conditions were acceptable. In resolution of this matter, the following motion:

Motion: --- I move that Resolution No. 2006-30, Preliminary Land Development Review, Emergi-Center, 1791 Airport Road, Allentown, PA 18109 be adopted as presented.

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

2.) Resolution No. 2006-31, Preliminary/Final Subdivision Review, Airport Associates, L.P. (Airport Center) 1820 Airport Road, Allentown, PA 18109 (Vote).

Attorney James F. Preston appeared before the Board on behalf of the Developer Airport Associates, L.P. Chairman Paulus questioned the Developer as to the acceptability of the conditions for approval as set forth on Resolution No. 2006-31 and the Developer acknowledged that the conditions were acceptable. Councilman Atkinson questioned Item No. 2 which reads, “Lot No. 1 shall be removed from the plan. This lot remains a separate lot as shown on the land development plans for Airport Centers.” A discussion ensued and the Township Engineer noted that the reason for the delineation is that the lot in question is in a different zoning district. In resolution of this matter, Council made the following motion:

Motion: --- I move that Resolution No. 2006-31, Preliminary/Final Plan Approval, Subdivision/Lot Consolidation, Airport Associates, L.P. be adopted as presented.

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

3.) Resolution No. 2006-32, Final Land Development Review, Airport Associates LP (Airport Center), 1820 Airport Road, Allentown, PA 18109 (Vote).

It was noted that there were 15 conditions set forth in Resolution No. 2006-32. The Board reviewed each condition individually with the Developer. The Developer acknowledged their agreement with the conditions. There was some rewording with respect to Item No. 7 and a typographical error with respect to Item No. 10. Such changes were acceptable. Chairman Paulus inquired if the Township Engineer had anything to add and the Township Engineer indicated that he did not and that the conditions really relate to outside agencies. The design work for the project is fine. Councilwoman Hayden questioned whether or not the Lehigh Valley Planning Commission has approved the plan and the Township Engineer indicated that they have. Mrs. Jill Salim, a property owner in the area of the proposed development, questioned if she would be willing to navigate out of her driveway and the Township Engineer indicated that she would. Attorney Preston noted that he has had some conversations with the attorney for Mrs. Salim and her father and they will attempt to work things out and then have a meeting with the Township Attorney and Township Engineer. In resolution of this matter, Council made the following motion:

Motion: --- I move that Resolution No. 2006-32, Final Plan Approval, Airport Associates LP, be adopted as presented.

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

The Township Attorney noted that the vacation of Steelstone Road will need to be done by Ordinance. Council directed the Township Attorney to proceed in that fashion.

4.) Bill No. 2006-4, An Ordinance Amending Chapter 13, Part 6, Section 602 of the Statutory Code of Hanover Township to Provide for a Notice of Liquor License Transfer Hearings by Mail and Newspaper Publication (Public Hearing).

Motion: --- I move that Bill No. 2006-4, An Ordinance Amending Chapter 13, Part 6, Section 602 of the Statutory Code of Hanover Township to Provide for a Notice of Liquor License Transfer Hearings by Mail and Newspaper Publication be adopted as Ordinance No. 466.

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

Cpurtesy of the Floor: None

Adjournment:

The meeting was adjourned at 8:00 P.M.

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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