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Township Meeting - Minutes

HANOVER TOWNSHIP, LEHIGH COUNTY
REGULAR COUNCIL MEETING

May 16, 2007
7:30 P.M.

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

Attendance:

Courtesy of the Floor: None

Approval of Minutes: ------ May 2, 2007, Regular Council Meeting

Motion: --- I move we waive the reading of the Minutes of the May 2, 2007 Regular Council Meeting and accept same as presented.

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

Reports:

1. Sandra A. Pudliner
Township Manager

The Township Manager advised the Board that she had no report to offer at this time. There was a discussion initiated by Chairman Paulus with respect to the Township truck, which had been purchased by the Public Works Department. Chairman Paulus advised that the Township ordered said vehicle in metallic blue, but when they went to pick it up they were advised that the truck was white. To resolve the problem, the Township has reordered the truck in the correct color and the truck should be available within three to four months.

2. Ryan Christman

In the absence of the Township Engineer, Ryan Christman of Keystone Consulting Engineers appeared before the Board and offered no report at this time.

Upon questioning by Vice Chairman Atkinson, Mr. Christman advised that with respect to the sinkhole on Marcon Blvd., the repair has been scheduled for Friday of this week.

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

1.) The Township Attorney advised the Board that they have received a copy of correspondence sent to Mr. Lazar of Mittal Steel regarding the current status of that matter.

2.) With respect to bid requirements for fire vehicles, even though there are no specific bidding requirements for the disposition of property in the Township Charter or State Law, the Township Attorney indicated that he has advised the Township Manager to advertise the sale of the vehicle using standard advertising requirements.

3.) The Township Attorney advised the Board that as they will recall Airport Centers had requested the Township to proceed to condemn certain property along Airport Road that will be public roadway. In that regard, Attorney Eaton noted that he had forwarded a copy of a proposed reimbursement agreement to the developer. The agreement provides that they will cover all the costs. There is an initial $10,000 deposit required and the agreement indicates that it will be reestablished to the $10,000 figure when the monies fall below $5,000. It also provides that as soon as an agreement of sale on an amicable basis is signed with the sellers the developer will have to put up the full price. If condemnation is required, they will be required to deposit those amounts. The Township Attorney advised that he will keep Council apprised as to the status of this matter. The governing body felt that the agreement as proposed by the attorney was acceptable to them.

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, written Code Enforcement Officers’ Reports and written Building Inspector’s Reports and same were noted for the record.

8. Treasurer's Report (Written)

Motion: --- I move we accept the computer printouts dated May 16, 2006, for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

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

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 (Introduce).

Attorney James Bartholomew appeared before the Board with respect to this proposed Ordinance. Attorney Bartholomew noted that he had provided the Board with a revised Ordinance and a Memorandum outlining the revisions to the prior draft. With respect to some of the revisions, Attorney Bartholomew noted that one of the revisions deals with the conversion of a nonconforming billboard to an EMS and that he has added language to indicate that construction must be commenced and completed within six months of issuance or shall automatically expire. Attorney Bartholomew also advised the Board that as they will note in reviewing the proposed Ordinance language has been revised to indicate that no billboard shall be located within 1,500 feet of any other billboard regardless of on which side of the highway the said other billboard is located. This revises the former 4,000 foot requirement. Attorney Bartholomew also indicated that he has added language to the ordinance to clarify that a nonconforming billboard may only be rebuilt and converted to an EMS by the owner of the billboard. Language has also been added to the general requirements indicating that repainting, repairs or rebuilds can only be done by the owner thereof. Attorney Bartholomew advised that this is in line with the matter currently before the Hanover Township Zoning Hearing Board where there is an issue involving the ownership of billboards which the applicant in that Zoning Hearing Board is trying to have removed in order to replace same with his own billboards. With respect to the Planned Commercial Zoning District, Attorney Bartholomew advised that the Ordinance is written such that with respect to freestanding signs there can only be one per property. Additionally, there is no distance requirement for EMS signs. The final changes as Attorney Bartholomew noted are in accordance with Council’s discussions with respect to dwell time and change times. The dwell time has been set forth at 10 seconds and any change in an image is set forth as occurring within one second or less. Additionally, the ordinance provides that each EMS owner must devote at least one loop for community service and priority shall be given over all messages to emergency alerts as directed by federal, state and local authorities.

Chairman Paulus questioned Attorney Bartholomew as to whether he felt that this proposed ordinance covers everything over which the Township had concern. Attorney Bartholomew indicated that the problem is you will always have people trying to work around regulations and it is difficult to anticipate what may come forth in the future. Councilman Dreisbach questioned the size requirements. There was a discussion that the maximum size in the Planned Industrial Office District for billboards is 14’ X 48’; but, that does not mean that signs can not be smaller than that and in fact there are some signs in the Township of a smaller dimension. With respect to issues involving distraction, Attorney Bartholomew noted that this ordinance only provides for a change every 10 seconds which should alleviate some of the concerns over distraction issues. Attorney Bartholomew advised that if Council introduces the bill at this time then in accordance with the Township’s provisions for Zoning Amendments, the proposed ordinance will be referred to the Hanover Township Planning Commission, the Lehigh Valley Planning Commission and the adjoining municipalities for review and a public hearing can be held thereafter. Accordingly, Bill No. 2007-4 was introduced at this time.

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 the Board that this proposed ordinance deals with best management practices for any storm drainage facilities. It incorporates language that the facilities must be in conformance with the plans. If there is a problem, the Township can go in and repair and charge the land owner. If there was an imminent threat to life or property, the Township can act immediately and still charge the property owner. The Township will retain its ability to have an agreement put on record. Other items in the ordinance are strictly engineering and provide regulations that are more than the Township has in existence at the present time in its Subdivision and Land Development Ordinance. In resolution of this matter, Council made the following motion:

Motion: --- I move that 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 be adopted as Ordinance No. 473.

Atkinson, Hayden: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: -------- Aye ------- Unan.
New Business:
1.) Bill No. 2007-6, An Ordinance Amending Chapter 15, Part IV of the Statutory Code of Hanover Township to Restrict the Parking of Vehicles Without Current Registration or Current Inspection Certificates on Public Roads (Introduce).

The Township Attorney advised the Board that at their request he has prepared the proposed Ordinance which provides that no unregistered vehicle shall be permitted to park for more than seven consecutive days on any public street or highway. Unregistered vehicle is defined in the proposed ordinance as a vehicle displaying no vehicle registration or a vehicle displaying vehicle registration that is expired for more than two months or a vehicle with a Pennsylvania Certificate of Inspection or Emissions Inspection that is expired for more than two months. Council reviewed the proposed ordinance and found it satisfactory. Accordingly, Bill No. 2007-6 was introduced at this time with a Public Hearing on same to be held on Wednesday, June 6, 2007 at 7:30 P.M.

Payment of the Bills:

Motion: --- I move Council authorize payment of Voucher Nos. 12517, 12568-12573 (4/30/07 Prepaids), Voucher Nos. 12574-12579 (5/16/07 Prepaids), Voucher Nos. 12580-12636; Payroll dated 4/20/07, Payroll dated 5/4/07, from the General Fund Account in the amount of $188,989.04; Voucher Nos. 1734-1735 (5/16/07 Prepaids), Voucher Nos. 1736-1740 from the Capital Reserve Account in the amount of $6,354.57; Voucher Nos. 1586 (4/30/07 Prepaids), Voucher Nos. 1587-1592 (5/16/07 Prepaids), Voucher Nos. 1593-1598 from the Escrow Account in the amount of $113,180.68; Voucher Nos. 1741-1748 from the Water Account in the amount of $51,711.79; Voucher Nos. 2842-2857 from the Sewer Account in the amount of $15,214.79 for a Grand Total Expenditure of $375,450.87.

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

Courtesy of the Floor: NONE.

Adjournment:

The meeting was adjourned at 8:05 P.M.
Respectfully submitted,

Sandra A. Pudliner
Township Manager

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