Present: --------------- Coucilwoman Hayden; Councilmen Kovacs, Paulus, Williams,
------------------------------- J. Jackson Eaton, III, Esquire; Frederick W. Haye, P.E.; Sandra A. Pudliner; Vicky Roth

Absent: ------------------ Coucilman Atkinson

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

Courtesy of the Floor: None

Opening of Bids: 1. 2004 Road Program

Chairman Paulus proceeded to open the two bids received relative to the Township’s Proposed 2004 Road Program. The bid received from E. J. Breneman, L.P. of West Lawn, Pennsylvania, was in the amount of $607,745.65 with a 10% bid bond attached to the bid documents. The second bid received was from Asphalt Paving Systems, Inc. of Hammonton, New Jersey, and was in the amount of $579,645.25, with an accompanying 10% bid bond. In resolution of this matter, the Board made the following motion:

Motion: ------- I move that the bid for the 2004 Road Program be awarded to Asphalt Paving Systems, Inc., subject to the review and approval by the Township Engineer.

I move that the bid for the 2004 Road Program be awarded to Asphalt Paving Systems, Inc., subject to the review and approval by the Township Engineer.

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

At this point in the meeting, there was some discussion with a representative of Asphalt Paving Systems, Inc. who was in attendance at the meeting. The representative indicated to Council that their company is currently doing paving work in Palmer Township. He noted that most of the people running the crew are out of the Tamaqua area and individuals who have moved over to their organization from E. J. Breneman. He indicated that they are also doing work in Lower Providence Township in Montgomery County and that they had recently changed their name from Shore Slurry Seal to Asphalt Paving Systems, Inc. The Township Engineer commented that his office would review the bid documents and secure the appropriate references and move forward at that time:

Approval of Minutes: ---------- June 16, 2004 Regular Council Meeting

Motion: ------- I move we waive the reading of the Minutes of the June 16, 2004, Regular Council Meeting and accept same as presented.

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

It was brought to the Board’s attention by Councilwoman Hayden that Senator Boscola’s name is incorrectly spelled in the Minutes and should be revised. The Township Manager indicated that the Minutes would be changed to reflect the correct spelling of the Senator’s name.

Reports:

1. Sandra A. Pudliner
Township Manager

1. The Township Manager advised the Board that the Summer Convention of the Lehigh County Association of Township Officials has been scheduled for Friday, August 6, 2004, with registration commencing at 8:30 A.M. at the Schnecksville Fire Company. The Manager questioned Council who wished to attend. Councilman Kovacs indicated he would attend the Convention.

2. The Township Manager advised Council that she has provided them with copies of correspondence sent to the parents of two individuals in the Borough of Catasauqua who were found in Canal Park after hours and leaving the park with skateboards. The Code Enforcement Officers indicated that the teens left the park voluntarily and were advised that their presence in the park after hours was not permitted. Council should be advised that shortly thereafter vandalism occurred with respect to the grill at Canal Park being bent and the “No Skateboarding” sign being placed inside the grill. Public Works has repaired the grill but we are unable to pinpoint how the vandalism occurred. Council entered into a discussion and it was the general feeling of the Board that the tables at Canal Park should be bolted down.

3. With respect to the park reservations at the various Township parks, the Township Manager indicated that she has provided the Board with a breakdown of the park usage by nonresidents and residents and that it appears in reviewing same that the usage is basically on a 50-50 basis. Council discussed the matter and felt that the pavilion reservation on a first-come first-serve basis seems to be working. Councilman Williams questioned the Township Attorney as to whether or not he has finished researching the various issues he had raised regarding the reservation of the parks. Attorney Eaton noted that he has someone in his office working on those matters and would have something for the Board at the next meeting.

4. The Township Manager advised the Board that she has provided them with a proposed Five Year Capital Improvements Program for the years 2005-2009. She requested the Board’s advice with respect to scheduling meetings on the proposed programs. Council determined to hold meetings on the Capital Program on Monday, July 26, 2004, at 7:00 P.M., Monday, August 23, 2004 at 7:00 P.M. and Monday, August 30, 2004 at 7:00 P.M.

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

1. The Township Engineer advised the Board that they have received a copy of his correspondence to the Township Manager regarding the Fuller Swale issue. As Council will recall, last year the City of Bethlehem got involved. There was a meeting and it was noted that the grading of the property was not done in accordance with the approved land development plan. Al Bradbury of Martin, Bradbury and Griffith, on behalf of Fuller did an as-built survey of the swale. That survey shows that the grading does not match the approved plan; however, the City of Bethlehem has taken a position that it is adequate. The Fuller people have tried to bring in Hanover Township, Northampton County, and have indicated that they are causing the problem. The Township Engineer advised the Board that is not the case and that the problem is with the drainage way. As you will note in reviewing the letter, I voiced our disagreement with the City of Bethlehem’s position in this matter. I think the Township has done everything we can. Copies of my correspondence have been sent to the church, Kay Thompson, and Tom Miller of Saylor’s Mobile Home Park. As we previously discussed, it is our position that the volleyball court is in the drainage swale. Councilwoman Hayden questioned the Township Attorney as to what standing the Township has in this matter. The Township Attorney indicated he does not know what our standing would be but that the citizens have a standing in terms of securing enforcement of the plan provisions. He noted this normally is a private action. The Township Engineer commented he had indicated to representatives of the church that they should go to their state representative and that further they should go to the City of Bethlehem’s Council meetings. A lengthy discussion ensued as to what the best way would be to proceed with this matter. Chairman Paulus felt that initially it would be best if he, the Township Manager and the Township Engineer made an appointment to see the Mayor of the City of Bethlehem and discuss this matter with him. After that occurs, Council seemed disposed that at that point in time, the residents would go to the City of Bethlehem’s Council meetings and express their concerns. The Township Manager indicated that she would make an appointment with the Mayor’s office after the Township Engineer returns from a two-week vacation which commences tomorrow.

2. The Township Engineer advised the Board that a sketch plan has been submitted for the former Boyertown Casket Company property. The use proposed is a steakhouse and a bank. Access would be off of Lloyd Street and Airport Road.

Councilman Kovacs opened a discussion with respect to a Dunkin Donuts in the parking lot area at the Valley Plaza Shopping Center. He noted that Councilman Williams had brought it to his attention. Councilman Williams noted that he had viewed the construction and feels there might have been parking problems. A discussion ensued and the Township Manager/Zoning Officer advised the Board that under the Township’s current parking ordinance, the developer meets the parking standards in terms of the necessary parking spaces. The Township Engineer indicated there are no stormwater issues involving this and accordingly this matter was not considered a land development since there are no parking issues, stormwater issues, traffic problems, etc.

3. J. Jackson Eaton, III, Esquire
Attorney's Report

1. The Township Attorney advised the Board that the Slot Machine legislation has passed without any fee for host municipalities. Attorney Eaton indicated that the last call received by his office was by State Representative Rooney on Friday night. State Representative Rooney indicated that the opportunity for the amendment to include the host municipality fee was not there. The Township Attorney also advised the Board that he has provided them with a summary of the contents of the legislation. The Township Attorney further noted that the state law preempts all local zoning regulations. The Township would have to wait to see if any applications are made in the Township. In reviewing the summary, Council also will note that the local shared assessment cannot exceed a municipality’s budget by 50% for the fiscal year 2003-2004. Legislation further provides that initially all approved slot machine licensed shall be permitted to operate up to 3,000 slot machines at any one license facility and six months thereafter may make application for an additional 2,000 slot machines. With respect to the off-track betting facility in the Township, the Township Attorney noted that he felt that the current off-track betting site in Hanover Township couldn’t hold that capacity without the acquisition of additional land.

Chairman Paulus noted that the Township had made every attempt possible to secure an amendment for the Host Municipality Fee. With respect to the Senate, Chairman Paulus indicated that Senator Boscola could not get enough other senators to go along with the amendment. With amendments attached, there was uncertainty as to securing enough votes for the legislation to pass. Councilman Kovacs commented that the incentives in the legislation for Pittsburgh and Philadelphia helped with the passage of the legislation.

2. The Township Attorney advised that his office has completed the negotiations with Municipal Energy Managers as to the agreement which they had requested. The necessary changes have been made. Attorney Eaton noted that he assumes that we can now go forward and get the agreement signed.

3. The Township Attorney requested a brief Executive Session after the meeting to discuss the Lehigh-Northampton Airport Authority Tax Assessment Appeal.

Unfinished Business:

Councilman Kovacs questioned whether or not the Township still had an interest in the gazebo located on an airport property on Dauphin Drive. Chairman Paulus noted that the Public Works Director had looked at the gazebo and felt because of its condition and the cost associated with relocation it was not feasible to take the gazebo.

New Business:

1. Resolution No. 2004-28, A Resolution Supporting the Lehigh River Watershed Conservation Management Plan and Listing the Lehigh River Watershed and its Tributaries on the Pennsylvania Rivers Registry (Adopt).

Motion: ------- I move that Resolution No. 2004-28, A Resolution Supporting the Lehigh River Watershed Conservation Management Plan and Listing the Lehigh River Watershed and its Tributaries on the Pennsylvania Rivers Registry, be adopted as presented.

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

Courtesy of the Floor: None

Adjournment:

Motion: --- I move we adjourn this meeting of the Hanover Township Council at 8:10 P.M.

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

Respectfully submitted,

Sandra A. Pudliner
Township Manager