Present: ---- Councilwoman Hayden, Councilmen Atkinson, Dreisbach, Kovacs, Paulus; J. Jackson Eaton, III, Esquire; ----------------------- Frederick W. Haye, 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: ---------- 9

Courtesy of the Floor: Lt. William Teper, PSP, Crime Section Commander

Mrs. Joan Nauroth, 2049 Troxell Street, Allentown, PA 18109, appeared before the Board. Mrs. Nauroth advised the Board that she is a resident on the lower end of Troxell Street and that her residence is located behind the Valley Plaza Shopping Center. Mrs. Nauroth noted that the detention pond in the rear of Valley Plaza presents several concerns in that for example the snowfall in early January was handled by shopping center maintenance opening the gates to the pond and plowing all the snow, dirt, etc. into the pond. Mrs. Nauroth also advised that on the other end of the playground the gate to the detention pond is broken. Mrs. Nauroth also indicated to the Board that the Japanese Steakhouse in Valley Plaza Shopping Center has rollers on one of the garbage bins in the rear of the facility and that barrels of oil are dumped into the dumpster and they run down into the macadam. Additionally, Mrs. Nauroth advised that she has observed employees of the Japanese Restaurant dumping oil into the drains in the rear of their facility. Council directed the Township Manager to contact the shopping center regarding violations as noted by Mrs. Nauroth and indicate to them that all these situations need to be remedied.

At this point in the meeting, Bernard Nauroth, Sr., 2049 Troxell Street, Allentown, PA 18109, approached Council regarding the fence around the detention pond at Valley Plaza Shopping Center. He noted it is his understanding that by law the pond must be fenced in. Mr. Nauroth indicated that the gate is wide open and that the fence is down. He noted the location where it is down as the area where the pipe is that had stone laid on top of one another to hold the ground back. He indicated that entire area is deteriorating and that it could eventually block up the drain completely. Councilman Atkinson commented that the Township Engineer will need to look at that and directed Mr. Hay to do so.

At this point in the meeting, Mr. Joseph Samanka, President of Han-Le-Co Volunteer Fire Company No. 1, and Mr. Robin Yoder, Fire Chief of Han-Le-Co Volunteer Fire Company No. 1, appeared before the Board. Mr. Yoder and Mr. Samanka thanked the Board for hearing them this evening regarding the 2008 Budget category of $8,000, which is predicated on revenues being matched by the Township for all monies collected by Han-Le-Co in the year 2008. Council clarified the fact that 2007 monies were not involved in the current year budget. Council also clarified any monies collected by Han-Le-Co in 2008 would be matched by the Township in 2008 and that payment would be made to Han-Le-Co on a quarterly basis. There was discussion regarding whether or not any grant money received by Han-Le-Co would be counted toward the matching funds. Council determined that if Han-Le-Co collected grant money in 2008 the Township would match those funds up to the $8,000 budget figure. Chairman Paulus noted the monies collected by Han-Le-Co, for automatic alarms, was not included in the reimbursement of funds.

At this point in the meeting, Bernard Nauroth, Jr. approached Council regarding whether or not the Township is giving any further consideration to new curbing and removal of street trees in the Troxell Street area. Chairman Paulus indicated that the Board would not be pursuing any further action in that regard. Councilman Kovacs commented that as they may recall when the Troxell Street project was first considered that was part of the project, but when it became apparent that the cost factor was excessive, the Board determined not to pursue that course of action.

Approval of Minutes: ------ January 14, 2008, Reorganizational Meeting
-------------------------------------------- January 14, 2008, Special Council Meeting

Motion: --- I move we waive the reading of the Minutes of the January 14, 2008 Regular Council Meeting 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 information on the status of the issues previously brought to the Board regarding a resident of Hidden Village Apartments and the illegal parking of a vehicle owned by that individual on Township streets, as well as noise issues. As Council will note the Pennsylvania State Police have been monitoring the situation and additionally the Code Enforcement Officer has issued a citation to that individual for illegal parking.

2.) With respect to issues brought before the Board by Stephen Seier regarding Primo Produce, the Township Manager noted that she had requested the Township Attorney to research the issue of changing a current street address for a property owner in the Township. Further the Township Manager advised that per Primo’s request, she has passed on to Primo the names of carriers who are currently utilizing the residential streets in an attempt to make deliveries to Primo. Additionally, the Township Manager advised that she has not heard from Map Quest regarding the Township’s request that Hoover Avenue be shown as a closed street. There was a discussion regarding the change of address and how same would impact the situation of tractor trailer traffic going onto the Township’s residential streets in light of the fact that they are of the opinion that it is a through street and that they can reach Primo Produce from that location. It was the general consensus of the Board that the change of address may have no impact on the current situation.

Councilman Atkinson brought to the Manager’s attention a situation with respect to the possibility of trimming back trees on the lower end of Troxell Street especially on the west side. Councilman Atkinson noted that the plows cannot get close enough to the curb for snowplowing purposes. It was noted that one tree in particular before the home of the late John Hricak is a problem. The Township Manager advised that she would have Public Works look into this matter.

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

1.) The Township Engineer advised the Board that as they are aware, they have received correspondence from the Developer of the proposed Airport Center Development regarding the reduction of the construction escrow to 2.5%. Council commented that they have already reviewed that issue and are at this time not of the opinion to reduce it from the 5% figure. The Township Attorney entered into the discussions at this time and advised the Board that as they will recall, the Developer has requested a five party security agreement, which ultimately enhances the security for the project. Attorney Eaton noted that the Developer wants to get the approvals in place so that they can move forward promptly. In that regard they would like to, if necessary, request Council’s consideration of holding a special meeting for that purpose. Attorney Eaton further noted that with respect to the Allendale swale and box culvert work it is the desire of the Developer for that work not to be part of the onsite improvements. The Developer has determined that the cost of the work in question is something less than $500,000, but that it would put them over their lending limits to get the initial security. They have requested that the actual dollar amount posted be equal to the value of all onsite improvements but not include the swale. As the project moves forward, the Developer will not be allowed to reduce their security until work equal to the value of the swale and culvert work is completed. Councilman Atkinson commented that if the five party agreement is executed that should eliminate any borrowing limits. Attorney Eaton noted that the other parties to the agreement have the right to come in and complete the improvements. Attorney Eaton noted that the way it works the Developer puts up the security but parties may elect at any time to come in and complete. They would not be allowed to come in and complete some of the improvements. It would be all or nothing. In actuality what you have is instead of having a bonding company, you end up with retailers. The Township Engineer commented that as Council may recall, the discussion of the work at the Allendale swale and the culvert previously was that Council approved it being split out. Councilman Atkinson questioned how they are securing the offsite improvements for PennDOT. The Township Engineer advised that he knows that they have to secure those offsite improvements with PennDOT but did not know how it is being handled.

2.) The Township Engineer advised the Board that the Township has received a conditional permit with respect to the signal light at Race Street and Willowbrook Road. He noted that the Township has to finalize the right-of-way and easements and come back to PennDOT once the Township gets into the bidding process on how to control traffic. The Township Engineer advised that it is his feeling that the work period would be the summer of 2008.

Councilman Atkinson indicated that in conversations with the Public Works Director, he had advised that the Township may be able to move faster on the Catasauqua Lake. The Township Engineer noted that a meeting will be held tomorrow with the Lehigh County Conservation District. Councilman Atkinson indicated concern with respect to stabilizing the area by the lock. The Township Engineer noted that a meeting had been held with the Fish and Boat Commission regarding the lake project. It was noted that the Township would remove as many fish as they can and that the turtles in that area would move themselves. The Township Engineer noted that the Public Works Director is currently working on the construction of a dock at the lake. The Township Engineer advised that the cleaning out of the lake and reconstruction of same would most likely begin in late June or July 2008.

Councilman Atkinson questioned whether or not there was a total time frame and the Township Engineer indicated that currently there was not. Councilman Atkinson also expressed concern that the Township look at the entrance channel.

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

1.) The Township Attorney advised that at the request of the Township Manager he has researched the issue of assigning street addresses within a community. He advised the Board that Council does have the authority to name streets and assign building numbers. He indicated that he did not see why the Township could not change an address assuming that same is done in sequence. The difficulty Attorney Eaton noted is that he does not know if the Township has the authority to enforce the use of that number by the person at that location. He noted that his office could not find any cases on that issue. You probably could require that the building be posted with that number, but you may not be able to enforce the entity using it on their literature or on their web site. Additionally, the Township may run into trouble if you try to enforce it for one property owner only.

2.) With respect to the Airport Hazard Ordinance, the Township Attorney advised that his office is continuing to work with the airport and is in the process of securing meeting dates to review that matter.

3.) The Township Attorney advised that his office has received word from Braun that they believe they will not be getting underway with their Exceed project for another year.

4.) The Township Attorney advised that the Agere Tax Assessment Appeal still has not come up.

Councilman Atkinson indicated that going back to the discussions regarding Primo Produce he felt that perhaps any change of address should not be addressed until Primo opens their new facility in September/October 2008. At that time, it would be more cost effective for Primo in securing all necessary information for their new facility to incorporate any changes with the existing facility into that project.

Unfinished Business: NONE

New Business:

1.) Bill No. 2008-01, An Ordinance Amending the Statutory Code of Hanover Township by Deleting Part 1 “Open Fires” Chapter 7 and Amending Chapter 4, Part 2, Section 4-205 to Provide Changes to the International Fire Code to Permit Open Fires for Fire Company Training Purposes (Introduce).

Bill No. 2008-01 was introduced at this time with the Public Hearing on same to be held on Wednesday, February 20, 2008, at 7:30 P.M.

2.) Bill No. 2008-02, An Ordinance Amending Chapter 15, Section 404 of the Statutory Code of Hanover Township to Prohibit Parking of Tractor Trailers on Certain Private Parking Lots Open to the Public (Introduce)

Bill No. 2008-02 was introduced at this time with a Public Hearing on same to be held on Wednesday, February 20, 2008 at 7:30 P.M. With respect to Bill No. 2008-02, there was discussion with respect to additional language to add into this proposed ordinance. It was determined to amend same by adding language regarding any truck, truck and trailer, or tractor and trailer with a combined registered gross weight in excess of 11,000 lbs. being prohibited.

At this point in the meeting, Councilman Atkinson questioned the Township Engineer regarding the status of the new Airport Center Land Development. The Township Engineer noted that he had met with Mr. Feskanin to address some of his concerns and further that the excavating company is proceeding with the cleaning and grubbing of the tract and in the process of finishing the detention pond. The Township Engineer noted that there were some erosion and sedimentation problems with the rain on Friday. More controls have been put in and erosion and sedimentation control will wait to see if the problems are resolved when the next storm occurs. If what has been done works, then that is fine, but if there are issues then something else will have to be done if the area cannot be stabilized. If stabilization never occurs, then a cease and desist order will be issued.

Courtesy of the Floor:

Mr. Joseph Feskanin, 1680 N. Irving Street, Allentown, PA 18109, approached the Board at this time. Mr. Feskanin questioned the status of the construction escrow for the Airport Centers project and whether or not it is remaining at the 5% figure. Council noted that was the case. Mr. Feskanin questioned the status of the Township’s adoption of a Flood Plain Ordinance and the Township Attorney advised that he is working on that at this present time. There was discussion regarding the recent heavy rainfall and the debris and mud issues that resulted from same. Mr. Feskanin felt that maybe a barrier midway might prevent a lot of the wood and other debris coming down. The Township Engineer noted that other controls have been put into place and hopefully the area can be stabilized.

Adjournment:

The meeting was adjourned at 8:35 P.M.

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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