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: ---------- 7

Courtesy of the Floor: None

Approval of Minutes: ------ April 4, 2007, Regular Council Meeting

Motion: ---I move we waive the reading of the Minutes of the April 4, 2007 Regular Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

1.) The Township Manager advised the Board that she has provided them with correspondence relative to the new owners of 1834 Pennsylvania Avenue with respect to a request to the Township for vacation of the paper alley, Hoover Avenue. This property formerly Rose Boutique has been purchased by a law firm and it is their desire to create additional parking on the property. It would appear that it is their desire to install a 16 foot by 70 foot extension of the parking area toward the rear of the property bordering paper alley Hoover Avenue. The Township Manager advised the Board that in discussions with the Township Engineer the Township has now requested that the new owner provide us with an engineering plan showing their intent as far as the parking lot is concerned. Accordingly, we will await receipt of that engineering plan and after review of same will bring this matter back to the Board for further discussion.

Chairman Paulus questioned the Township Attorney as to whether or not the Township can vacate the paper alley and the Township Attorney indicated that if they so desire the Township could vacate the paper alley. The Township Engineer commented that he believes the paper alley is only 25 foot wide and he would have no problem with the vacation but would request that the Township maintain a stormwater easement in that area.

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

1.) The Township Engineer advised the Board that his office is preparing the 2007 Road Program. He noted that no recycling is proposed. Pennsylvania Avenue will require some milling and patching this year. Mr. Hay noted that with respect to repaving of Pennsylvania Avenue his office will be getting together an estimate for the City of Bethlehem so that they can budget for their share of the work next year. Additionally, the Township Engineer noted that there would be work done on Lloyd Street at the Reichenbach property and also work down on Willowbrook Road. Paving would occur down at the Canal Park property up by the barn and also guardrail would be installed in the open area by the storage barn where the Township has been experiencing accidents with individuals coming through that open area. Vice Chairman Atkinson noted that on the opposite side of the road from the barn on the Airport property, the property is continually washing out. The Township Engineer noted that the Township could ask them to stabilize the bank. The Township Engineer also noted that he would be recommending milling and repaving of the travel lanes on Catasauqua Road as you come to the Bethlehem Diner light from the City of Bethlehem.

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

1.) As Council will recall at the Board’s request I had researched the Pennsylvania Motor Vehicle Code and determined that it did not provide for citations to be issued for vehicles without current registration or inspection stickers parked on public streets. The code only considered moving violations. At the last meeting, Council had inquired if the Township could by way of ordinance provide for citations to be issued in those cases. The Township Attorney advised the Board that the Township could do so. Attorney Eaton further indicated that he felt that if the Township did want to adopt such regulations the Board might want to consider a period of time before a citation would be issued, i.e. seven days, etc. Chairman Paulus questioned whether the attorney was suggesting that the individual receive a warning that if the vehicle is not moved within seven days a citation would be issued. Attorney Eaton indicated that was not his intent and that he was looking at it from the point of view that if the vehicle was on the public road for more than seven days then a citation would be issued. The Township Attorney advised the Board that he would draft something for their consideration.

Mr. Bill Bakos of Tri-Outdoor, Inc., present at the meeting, commented that it was his understanding that if you have a DUI you cannot drive your vehicle. Mr. Bakos also commented that if you lose your license you cannot get insurance. Mr. Thomas Lerch, 2320 Grove Rd., Allentown, PA 18109, commented that it was his under-standing that if you do not have current registration or insurance you cannot leave your vehicle on a public road. The Township Attorney advised Mr. Lerch that he disagreed with that interpretation and that it only applies to moving violations.

4. Maintenance Report (Written)

5. Fire Company Report (Written)

6. Code Enforcement Officers' Report (Written)

7. Building Inspector's Report (Written)

Chairman Paulus acknowledged receipt of a written Maintenance Report, written Fire Company Report, and written Code Enforcement Officers’ Reports and same were noted for the record. No Building Inspector’s Report was received. With respect to the Code Enforcement Officer’s Report Councilman Kovacs commented on an entry by the Code Enforcement Officer Robin Yoder with respect to having to chase a group of young kids three times out of one of the Township parks. Additionally, the Township Manager advised Vice Chairman Atkinson that in response to his inquiry at one of the recent meetings she had checked with Public Works and determined that the Township car did need new front tires even though the mileage was not excessive and accordingly Public Works replaced the front tires on the vehicle.

8. Treasurer's Report (Written)

Motion: --- I move we accept the computer printouts dated April 18, 2007, for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

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

Unfinished Business:

1.) Bill No. 2007-4, An Ordinance Amending the Statutory Code of Hanover Township to Permit Signs with Changing Images or Messages in PIO and PC Zones (Public Hearing).

The Township Attorney opened the discussions by advising the Board that due to the nature of this matter and because the billboard sign companies having locations within the Township are involved, he felt it necessary to excuse himself from the discussions as a result of a conflict of interest. One of his partners represents one of the sign companies advertising on billboards within Hanover Township and accordingly in his place the Township has engaged the services of Attorney James Bartholomew for the purpose of these discussions. Attorney Bartholomew advised the Board that he has had discussions with the Township Manager/Zoning Officer regarding this proposed ordinance and as a result of their discussions he would like the Board to note the following. With respect to the ordinance, in particular, Section 27-711, Item No. 1 therein has a blank for the insertion of how many seconds would transpire before the change of an EMS image or part thereof. Attorney Bartholomew advised Council that the PennDOT regulations provide for such a change not more frequently than every five seconds. In discussions with the Township Manager, Attorney Bartholomew noted that her recommendation would be ten seconds.

With respect to Section 27-711, in particular, Item No. 2 thereunder, PennDOT regulations provide that any change in an image shall occur either instantaneous or within not more than one second. In that regard, Attorney Bartholomew noted that the Township Manager’s recommendation would be that the Township also utilize one second. At this point in the meeting, there was a discussion involving Section 27-711, in particular, Item No. 4 therein. Attorney Bartholomew noted that Item No. 4 deals with how many feet should exist between EMS structures. Attorney Bartholomew noted that the proposed ordinance indicates that any billboard can be an EMS sign. Mr. Bartholomew indicated that the Ordinance provided that any billboard could be an EMS sign raising the question whether nonconforming billboards could be converted to EMS signs even if they did not meet the 4,000 feet distance requirement.

Ms. Lois Arciszewski of Adams Outdoor Advertising appeared before the Board to present input on behalf of Adams Outdoor Advertising regarding this proposed ordinance. Ms. Adams advised Council that digital billboards are very heavy structures and as far as location that is more site specific. Some of the billboards in the Township have been built over the past five years and some have been standing for 60 years. Due to the weight, electric usage, etc. some type of upgrade to nearly every structure would be necessary. This could include cross bracing, foundations, and head upgrade. Attorney Bartholomew noted that the Zoning Ordinance, in particular Chapter 27, Section 703, relates to an issue of concern involving billboards. He advised the Board that the position he has been taking is that Section 703 provides that any sign or billboard destroyed, damaged, or dismantled for any reason whatsoever, may only be rebuilt on its previous location in strict conformity with the regulations of the district in which it is located. This brings into play the Township’s requirement for 4,000 feet between billboards and effectively disallows the reconstruction of billboards. Perhaps Attorney Bartholomew noted that the Township should look at all the other sections of the ordinance relating to billboards and address everything at one time.

Ms. Arciszewski advised the Board that digital billboards are very expensive. A cost estimate received by Adams from Daktronics would estimate the costs at approximately $500,000 and that figure does not include construction costs or the additional electric, which could be approximately $2,000 per month. She noted that there is only one digital billboard in this area. Additionally, Ms. Arciszewski noted that you have to run a DSL line in order to accommodate community or emergency messages. Additional costs noted by Ms. Arciszewski include necessary service agreement, maintenance cost and the cost to change the advertisements. She advised the Board that at some point in time billboard companies do expect these costs to go down. However, to suggest that they would be reduced by 50% in the next year or so is not going to happen. She also indicated that there are approximately 400 digital billboards in the United States, but none in the Lehigh Valley. Adams Outdoor Advertising has nine digital billboards. In discussing the issue of placement of digital billboards or stacking them in a row, Ms. Arciszewski advised the Board that would not be good economic sense. Billboard companies realize that and if digital billboards enter the Lehigh Valley marketplace, she would think that if one is in place, you would not see another one for nearly a mile. Councilwoman Hayden noted that cost issues are not the Township’s problem. Mrs. Hayden’s position with respect to this proposal was that the Township should leave the ordinance as it is. There was a discussion relative to an item in the proposed ordinance, which used a percentage of operating time for community service and amber alerts, etc. Attorney Bartholomew advised the Board that percentage has been left blank at this time. Ms. Arciszewski commented that Adams thought the percentage was a bad way to go and that rather Adams would consider allowing one message of the “loop” to be dedicated for those types of uses. Attorney Bartholomew questioned the word “loop” and Ms. Arciszewski indicated that is how many messages per 60 seconds can be viewed on the billboard. Councilman Atkinson advised all in attendance that his issue with the whole concept is one of safety. It was his feeling that this would be a distraction. There was a lengthy discussion regarding the proposed ordinance in that Councilman Atkinson felt that the two electric message signs set forth in the ordinance, one in Planned Commercial and one in Planned Industrial Office, should be separated in the ordinance. There was also a feeling that the issue of nonconforming signs and rebuild should be reviewed. Councilman Atkinson questioned what the mileage is along Route 22 where these billboards are located. Mr. Bakos seemed to feel that the mileage encompassed about 6,000 to 7,000 feet. Based on the scenario, Councilman Atkinson commented that would probably work out to about three digital billboards along the corridor within the Township, one for each billboard company. Attorney Bartholomew advised that you cannot put language in the ordinance that designates a billboard for a particular billboard company. But, you can restrict the number of billboards that may be permitted by distance. There was some discussion with respect to tri-vision billboards, and it was noted that they are not the same as the digital billboards. Mr. Bakos of Tri-Outdoor commented that the Township should look at what is allowed under Federal and State laws. He advised that PennDOT allows billboards to be spaced every 500 feet. He also commented that the Township has allowed billboards to be rebuilt. Chairman Paulus inquired of Attorney Bartholomew if he could rewrite the proposed ordinance and separate the EMS signs into those allowed in Planned Commercial and those allowed in Planned Industrial Office. Attorney Bartholomew indicated he could do so. Ms. Mary Crocker also in attendance on behalf of Adams Outdoor Advertising pointed out that there is a typographical error in the Township Zoning Ordinance under Section 708.1(A) where it references Chapter 27-406. Upon reviewing same, the Township acknowledged that really should read 27-706. In conclusion of these discussions, the Township Attorney advised that the Township could act upon this ordinance at its next regular meeting if the advertisement for the public hearing is detailed and it is indicated therein that the adoption will occur per amendments made to the proposed ordinance.

2.) Bill No. 2007-5, An Ordinance Amending Part 8, Appendix C of Chapter 22 of the Statutory Code of Hanover Township Regarding Stormwater Management in the Catasauqua Creek-Monacacy Creek Watersheds (Lehigh River Sub-Basin 4) to Establish Stormwater Management Standards, Districts, Review Procedures, Operation and Maintenance Responsibilities and Penalties (Public Hearing).

Chairman Paulus opened the Public Hearing relative to Bill No. 2007-5. The Township Attorney advised that the purpose of this proposed ordinance is to meet requirements by the watershed district and the county. They have provided us with this information. However, the ordinance is written in a way that requires certain agreements to be entered into and recorded. In discussions with the Township Engineer we are of the opinion that the Township can accomplish same by purposes of doing an ordinance, which becomes a law. The Township Attorney advised that he would be going ahead and providing the Township with an amendment to ordinance. We will keep the standards provided but take out the manner in which it is enforced and require that to be enforced in the ordinance itself. The Township Attorney advised that he most likely would have this available for the Township’s consideration, not for the next meeting but the meeting after that.

New Business:

Councilwoman Hayden commented to the other members of the Board that in her opinion the Billboard Ordinance is an accommodation to the sign companies and she felt these types of revisions are unnecessary.

Payment of the Bills:

Motion: --- I move Council authorize payment of Payroll dated 3/23/07, Payroll dated 4/5/07, Voucher Nos. 12504-12506 (EOM 3/30/07 Prepaids), Voucher Nos. 12507-12516 (4/18/07 Prepaids), Voucher Nos. 12517-12567, from the General Fund Account in the amount of $282,210.33; Voucher Nos. 1729 (4/8/07 Prepaids), Voucher Nos. 1730-1733 from the Capital Reserve Account in the amount of $11,562.26; Voucher No. 1577 (EOM 3/30/07 Prepaids), Voucher No. 1578 (4/18/06 Prepaids), Voucher Nos. 1579-1585 from the Escrow Account in the amount of $8,457.39; Voucher Nos. 1731-1740 from the Water Account in the amount of $39,415.95; Voucher Nos. 2827-2841 from the Sewer Account in the amount of $179,726.34 for a Grand Total Expenditure of $521,372.27.

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

Courtesy of the Floor: NONE

Mr. Joseph Feskanin, 1680 N. Irving St., Allentown, PA 18109 approached Council at this time. Mr. Feskanin provided the Council with photographs of the area directly across the street from his residence in the ownership of Airport Centers. He indicated he has received assurances and reinsurances that the property would be kept in reasonable order. He referenced the property as the Airport Center’s tract, which runs the entire length of Irving Street, approximately 16 acres proceeding north up to the bridge on Route 22. Mr. Feskanin advised that PPL had come in and cut down trees which were interfering with their power lines and had left the branches as shown on the photographs on the property. The Township Engineer commented that he could contact PPL. It was also noted that this may be lying within the Township’s right-of-way. The Township Manager indicated she would look into the matter.

Adjournment:

The meeting was adjourned at 8:55 P.M.

Respectfully submitted,

Sandra A. Pudliner
Township Manager

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