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: ---------- 8

Courtesy of the Floor: ------

Chairman Paulus acknowledged attendance by representatives of the newspaper, a resident and a developer as well as the Township’s Fire Chief.

At this point in the meeting, Attorney Blake Marles appeared before the Board on behalf of his client, New Pro II, and advised the Council that as they may be aware New Pro II is the residential developer of the property on Dauphin Street. Mr. Marles noted that this Board has not really seen the project yet. However, he is in attendance this evening to make a request of the Board as to how they should move forward with the project. Attorney Marles and his representatives presented a plan of the proposed development to the Board for their review. Mr. Marles noted that the plan in front of them is for a proposed residential subdivision on Dauphin Street. He noted that the Developer is working his way through the process after receiving necessary zoning approvals. He indicated that his client, Mr. Lubsen, the Developer, originally purchased one tract and then acquired a second parcel and integrated same into the development. The development is currently going through the Planning Commission process. Attorney Marles noted that an issue of great concern came up through the review process and he had suggested to his client that New Pro appeared before the Board tonight to get some guidance from Council. The issue at hand, Attorney Marles indicated, was the ultimate ownership of the sewer line and the pump station necessary for this project. Attorney Marles noted that his client needs to know if the Township will take over the sewer line and pump station or if the homeowner’s group which will be established for this development would own same. In support of the Township taking over the line and pump station, Attorney Marles advised that in his opinion it is bad public policy for a homeowner’s group to have a sewer line and pump station. Ultimately, he felt they would be someone who has no idea of what to do with it. Secondly, Attorney Marles noted that sewer lines are things Townships ultimately own. He indicated he is unaware of any other residential development where a homeowner’s group owns the sewer lines. He felt that he did not think the Township wanted a bunch of amateurs in charge of the utilities. Attorney Marles advised Council that if it is the Township’s intent to have the sewer line and pump station owned by the homeowner’s group then he felt it would necessary for him to make a recommendation to his client not to proceed with the residential development.

The Township Engineer commented that the initial proposal, which came into the Township showed a subdivision with sanitary sewer by gravity along Dauphin Street. This alternative would have gone on Township property taking out many large trees on Township property. The Public Works Director and the Township Engineer, himself, met with the Developer on site and it was decided that the Township would require a pump station. We indicated that we would like it to be privately owned. Chairman Paulus commented the Township is not looking to gain another pump station. Attorney Marles commented that he had thought the Township favored residential development in that area. He noted that he had been pushing his client for outdoor storage for the property. However, Attorney Marles indicated that Mr. Lubsen would have liked to do a residential development. Attorney Marles felt that with respect to a homeowner’s association with 64 houses he did not know how you could assure that there is enough money to maintain the pump station and sewer line long term. He also noted that at the end of the day he felt that when something goes wrong it is going to come back to the Township anyway. The Township Engineer commented that the homeowner’s association would have to have a yearly maintenance contract. There would have to be security to cover maintenance issues that would come up. Chairman Paulus noted that the Township had just rebuilt a pump station adjacent to the Township Building at a cost of $1,000,000. Vice Chairman Atkinson questioned the Township Engineer as to whether or not he had a figure for an annual operating cost for maintenance for the pump station and sewer line. The Township Engineer indicated that he does not have such a figure and that he has not done private work for so long that he would have to check into that. Vice Chairman Atkinson also indicated that he thought the property would be more valuable to the Township as residential rather than outdoor storage facilities. The Township Engineer did not agree with that scenario. Councilwoman Hayden questioned whether or not there is any documentation of a homeowner’s group owning a pump station. The Township Engineer noted that he does know of private systems. The Township Attorney commented that the Township could create a separate sewer district just for this development. That separate sewer district would have the residential area paying a different rate than other sewer customers just to maintain the facilities. Vice Chairman Atkinson indicated he did not like the idea of a homeowner’s association owning a pump station and sewer line. The Township Engineer advised the Board that if the Township is disposed to take over the pump station, then they should take over the whole thing. He also noted there is a problem with PennDOT in that PennDOT would require the Township ownership of the sewer line. Mr. Hay also indicated that there was one case in the Township where the pump station was serving just one development. Chairman Paulus questioned whether or not the Township Engineer could provide the Developer with a price to build the pump station to the Township’s specifications. The Township Engineer indicated that he can give them our specs. Vice Chairman Atkinson again reiterated that he does not feel that the homeowners should own the facilities. Chairman Paulus questioned Mr. Marles as to what would happen if the Township would not take over the facilities and whether or not the Developer would still build the project. Attorney Marles indicated he could not give him a definitive answer but acknowledged that they would have a problem with PennDOT with respect to the ownership of the sewer line. Vice Chairman Atkinson again advised that he doesn’t want anything to do with private ownership and that we should take the pump station and force main. Chairman Paulus questioned whether or not there are still issues with trees needing to be taken out to accommodate the sewer line installation. The Township Engineer noted that the plan has been adjusted and that the Township would not lose trees. Mr. Hay indicated that the force main is now inside the cart way. Mr. Hay also advised that there are plans being reviewed at this time for the next Planning Commission Meeting and that he would provide the Developer’s consultant with the Township’s specifications for pump stations. Mr. Goffredo, one of the Developer’s representatives, indicated that he did not feel that the cost of the system would result in a situation where it is cost prohibitive. Mr. Hay also indicated that it might be a good idea for the Township Council to make a decision now regarding this issue. Upon questioning by Chairman Paulus, the Township Manager commented that it was her understanding that both the Public Works Director and the Township Engineer did not want the ownership of the pump station and sewer line. Councilwoman Hayden commented that she thought it was a bad idea for homeowners to take over the ownership. Vice Chairman Atkinson reiterated his feelings that he felt the Township could do a better job than any homeowner’s association with respect to the maintenance of the pump station and sewer line and that in his opinion, one day, the Township would end up with it in their lap anyway. He felt that he would rather have it from the very beginning. To conclude the discussions, the Township Council felt that they would prefer time to consider the matter. In the interim, the Township Engineer should provide the Developer’s representatives with the Township’s specifications for pump stations.

Mr. Robert Hess, 1815 N. Dauphin St., approached the Board at this time and advised Council that as they may be aware he lives right next door to this proposed project. Because of his issues with the project he noted that he had stepped down from his position on the Hanover Township Planning Commission with respect to hearing this matter. He advised Council that he has some issues that he cannot get answers to and he doesn’t see his answers on the new plans submitted. One of his issues involved the granting of the special exception and whether or not that excludes this developer from requirements that need to be complied with for the special exception. He indicated he had been asking for a buffer between this property and his. He was of the opinion that buffering his PIO property from the residential property next door would require a 50 foot buffer. Secondly, Mr. Hess felt that in reading the ordinances, this Developer would be required to provide 10% of the total acreage for recreation purposes. Thirdly, Mr. Hess felt that the acreage on the plans is incorrect since the Developer acquired additional acreage and he did not see it on the plan. Attorney Marles, who was still present at the meeting noted that if Mr. Hess feels there are zoning issues then Mr. Hess should seek something from the Zoning Hearing Board. Attorney Marles further noted that there is no provision in the ordinances to protect an industrial property from a residential property. Attorney Marles further noted that the total acreage is shown on the plan and that the former Sylvander property on the North side of 22 is not part of this project. Attorney Marles did comment that his client was not happy with Mr. Hess sitting on the Planning Commission, but Mr. Hess did step down from this project. Chairman Paulus questioned Mr. Hess as to what type of buffer he was seeking. Mr. Hess noted that at the last Planning Commission there was talk of a wooden fence and now there are arborvitae showing on the plan. He indicated the house next to his property line is 25 feet off the property line and that there is no buffer zone. The Developer’s Engineer who was present at the meeting advised that the Developer did actually add to the buffer. Originally, there was a single row of arborvitaes and now there is a double row which is staggered. With respect to the 25 feet mentioned by Mr. Hess, Attorney Marles commented that is the actual proposed property owner’s yard and that the property comes right up to the arborvitae plantings. Mr. Hess again reiterated that he felt there should be a 50 foot buffer. Mr. Hess again raised the issue of the 10% to go for recreation. The Developer’s Engineer indicated that the 10% is really open space which is provided on the plan and in addition there is a tot lot shown on the plan. Mr. Hess also noted that there could be a stormwater runoff problem since this development is proposing the stormwater to run off into the canal and that it needs to reach the Lehigh River. He questioned whether or not it’s feasible that it will do that.

The discussions were concluded at this time regarding this matter and Council proceeded to other items on the agenda.

Approval of Minutes: ------ January 17, 2007, Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the Regular Council Meeting of January 17, 2007 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 the Township has been approached with a request for a Liquor License Transfer hearing for the proposed Macaroni Grill at the Airport Center Shopping Center. In that regard, the Township Manager noted that the Developer could appear on Wednesday, March 7, 2007, at 7:00 P.M. and questioned the Board as to whether or not that date was acceptable. Council advised that the date and time were acceptable to them.

2.) The Township Manager advised the Board that she would request a brief Executive Session after the meeting to discuss a real estate matter. Council agreed to hold an Executive Session after the meeting.

3.) The Township Manager advised that as Council may be aware the Township’s barn at Canal Park has been hit by a motor vehicle, which left the roadway and crashed into the barn. The Township Manager noted there is extensive damage and that the Township has turned the matter over to its insurance carrier. The Township Engineer noted that it is his opinion and in speaking with the Public Works Director he also agrees that the guardrail should be closed off in that area as part of the Township’s upcoming road program. It was noted that there is a section of the guardrail not in place at the present time through which this vehicle left the roadway and entered into the barn.

Councilman Kovacs brought up several items at this time. He noted that the PPL poles have been installed along Catasauqua Rd. He also noted that he had looked at the timing issue raised by Mr. Jurnock at a prior meeting with respect to traffic coming on Catasauqua Rd. to Airport Rd. His view of the situation indicated to him that there is no problem with the timing and that he did not feel that the Township should contact PennDOT regarding this matter. The Township Engineer also noted that once the Airport Center’s shopping center goes in there will be more lanes for traffic in the area and he also agreed that there is no need to contact PennDOT. Council agreed that the Township should take no action at this time.

Councilman Kovacs advised the Board that he would like to acknowledge the recent death of a long time resident, Mr. Anthony Ebner. Mr. Kovacs noted that this gentleman was an outstanding person and a loss to many people.

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

1.) The Township Engineer advised the Board that the Road Program for this year is not very extensive. He will recommend some patching on Pennsylvania Avenue and repairing where the pavement is pushing up on Catasauqua Rd. The Township Engineer also noted that next year he felt Pennsylvania Avenue should be recycled. His office would be looking at the cost of the recycling project and provide those numbers to the City of Bethlehem for the following year since Bethlehem has requested they be given a year’s advance notice of potential road work.

Councilman Dreisbach questioned the Township Engineer as to the status of the Scottish Inn problems. Mr. Hay noted that we met again with the Manager and he indicated the stone would be removed and topsoil put in its place and further that the tree that had been partially cut down was removed. Councilman Dreisbach advised that there is another tree that has been cut back but not cut down. Mr. Robin Yoder, Township Fire Chief and Code Enforcement Officer was present at the meeting and commented that now there are cable trucks down there. The Township Engineer did note that the Manager advised that the tree cutting service that had been staying at the Scottish Inn was no longer there since that contract had been lost by Scottish Inn. The Township Engineer would have to look at the area and determine what could be done.

Councilwoman Hayden questioned the Township Engineer as to the status of the light at Willowbrook Road. Mr. Hay noted that plans are being sent to PPL for removal of the necessary poles and the project will be submitted to PennDOT for a permit.

2.) The Township Engineer advised the Board that as a result of the permitting process with PennDOT, the Airport Centers project will be required to do work at three lights in Hanover Township and three signal lights in Allentown. PennDOT wants the maintenance to be handled by one entity. The Township Engineer advised that all the lights will be controlled electronically. He felt that the Township could control them on the computer. However, we would maintain our lights and the City of Allentown will be required to maintain their lights. In that regard, I have sent a letter to Signal Service indicating the Township would be willing to monitor the lights with the software that we will have and which will also be in the possession of Signal Service to also monitor the situation. Council agreed that the Township Engineer should proceed in this fashion.

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

With respect to the Bethlehem Steel liquidation, the Township Attorney advised, as Council is aware, I have put them on notice of the Township’s intent and after the required time has passed, we will proceed with the Quiet Title Action.

Unfinished Business: NONE

New Business: NONE

Courtesy of the Floor:

Mr. Robert Hess, 1815 N. Dauphin St., again appeared before the Board with respect to the black top facility proposed across from his property on Dauphin St. He advised the Board that all of a sudden roll off dumpsters have appeared over there and are filled with all types of construction materials. He questioned whether or not the owner is starting a junk yard. Mr. Hess also noted that he has seen nothing with respect to all the violations on the property, which were issued against the property owner for filling in the flood zone. He did note that the owner has put in a scale and a scale house on the property. He also noted that there is a monstrous pile of pre-made slag on the property and they are simply hauling that away periodically. There is however no evidence of utilizing any of the slag by crushing same to be used in the process to make macadam. The Township Council advised that the property would be looked at.

Mr. Robin Yoder, Township Fire Chief, appeared before the Board and provided them with two reports representing the end of the year reports for the year 2006 as same relates to fire calls. He did note there is a discrepancy in the reports in that the County report shows 298 calls whereas the Township’s report shows 287 calls. Mr. Yoder attributed the discrepancy to the fact that the fire company may not have recorded some of the calls since no action on the call was required by the Fire Company. Mr. Yoder also advised that the new truck is due in on the 21st of February. Vice Chairman Atkinson questioned what the fire company will be doing with the old truck and Mr. Yoder indicated that he is going to get pictures and submit same to the publication they subscribe to for the sale of that piece of equipment.

Adjournment:

The meeting was adjourned at 8:30 P.M. Council proceeded to an Executive Session but would not return to the meeting with any decision.

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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