Present: ---- Councilwoman Hayden, Councilmen Atkinson, Dreisbach, Kovacs, Paulus; John F. Gross, 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: ---------- 4

Courtesy of the Floor:

Chairman Paulus advised all in attendance that the item set forth in Unfinished Business would be discussed at this time.

Unfinished Business:

1. Township Ordinance 475, An Ordinance Amending the Statutory Code of Hanover Township to Permit Signs with Changing Images or Messages in PIO and PC Zones (Review and Discussion).

Attorney James Bartholomew appeared before the Board and noted that as Council will recall he had served as special counsel with respect to the adoption of Ordinance 475. He noted that the Township Manager had called him with respect to Council’s concerns regarding the electronic message signs amendment. Attorney Bartholomew advised the Board that there are apparently three issues raised by Council, which he had addressed to them in a Memorandum dated April 10, 2008. Council has received copies of said Memorandum.

The first issue Attorney Bartholomew advised relates to whether both signs of a “double sign billboard” can be converted to EMS’s. Attorney Bartholomew indicated that clearly the new ordinance would permit it. The intent of the ordinance as adopted was to allow nonconforming billboards to be converted to electronic message signs. The particular billboard in question, under the ownership of Adams Outdoor Advertising, consists of a larger billboard and a smaller billboard (the larger one already converted to a electronic message sign). I believe is nonconforming today. If the Zoning Officer were approached by a sign company to convert an existing billboard to two billboards, within the same footprint the Zoning Officer would not permit it. However, under Ordinance 475, it would seem that a nonconforming billboard, which has two signs on the face would be permitted to convert both signs to electronic message signs. As the ordinance is written, the Zoning Officer would have to approve it. Attorney Bartholomew advised that he felt the Township could prohibit that situation from arising and in order to do so adopt an amendment to the Ordinance. As Council will note in reviewing my Memorandum, I have provided in Section 27-708(2)(A)(4) an amendment to the current ordinance to permit only one sign on each side or face of a billboard. At this point in the meeting, there was also a discussion relative to Section 27-711 of the Ordinance being amended to reflect that only one sign on an existing nonconforming double or multi-sign billboard may be converted to an EMS and additionally that only one side of a back to back billboard located on a single structure may be an EMS.

Attorney Bartholomew noted that as discussed in his Memorandum the second issue brought to his attention deals with the issue that it is readily evident that both sides of a back-to-back billboard may be converted to a back-to-back EMS. Attorney Bartholomew advised that Section 27-708(3), which was not changed by the EMS amendments, provides that “a back to back billboard located on a single structure shall be permitted.” If Council desires to do so, an amendment can be prepared as noted in Section 27-711.5, which states that only one side of a back to back billboard located on a single structure may be an EMS. Attorney Bartholomew noted that in his opinion he is not really that concerned about this issue since he does not feel that billboard companies would convert both sides of a current billboard to EMS. There is the question of visibility on Route 22 and that only one sign is visible when traveling in one direction on Route 22.

With respect to the third issue, Attorney Bartholomew noted that he is not aware of any multi-sign billboards other than the nonconforming “double sign billboards” that already exist along Route 22. Attorney Bartholomew advised that he did not believe that under the current Ordinance it is intended that more than one sign is permitted on a single face of a billboard. He did feel that the Ordinance is not clear on this point and noted that if the Ordinance is to be amended he would recommend that a provision be added to Part 7 to make clear that only one sign shall be permitted per side of a billboard. Accordingly, he felt that if Council wished to prohibit conversion of existing “double sign billboards” to EMS’s, conversion of existing “back-to-back” billboards to “back-to-back” EMS’s and clarification that only one sign is permitted per each face of a billboard, a further amendment to the Ordinance is required. If a further amendment is desired, Attorney Bartholomew suggested that a new subsection (4) be added to Section 27-708(2)(A) and that Section 27-711, which deals specifically with electronic messages, be amended to add new subsections (4) and (5). All the proposed amendments are noted in the Memorandum forwarded to the Board.

After consideration, Council advised Attorney Bartholomew that they felt the Ordinance should be amended to prohibit what Councilman Atkinson termed a “split screen image”. Council also felt that they did not feel it was necessary to amend the Ordinance to require that only one side of a back-to-back billboard located on a single structure may be an EMS.

Attorney Bartholomew advised the Board that he would make the necessary revisions to the Ordinance and present said revisions to the Board at their next Council meeting. It was noted that since this is a zoning amendment the law requires that these amendments be provided to the Lehigh Valley Planning Commission for comment, as well as the Hanover Township Planning Commission for comment. There are specific advertising requirements that will also be required.

Approval of Minutes: ------ April 2, 2008, Regular Meeting

Motion: --- I move we waive the reading of the Minutes of the April 2, 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 that she has provided the Board with the portion of the City of Allentown Ordinance dealing with their Human Relations Commission. This matter arose as a result of a citizen’s interest regarding discrimination of any form whether it be for any of the reasons set forth in the Ordinance i.e., race, color, religion, national origin, ancestry or place of birth, sex, gender identity, sexual orientation, disability, marital status, age or use of a guide or support animal because of blindness, deafness or physical disability. The Township Manager noted to the Board that she has reviewed this Ordinance and feels that Hanover Township would be at a disadvantage to enforce such provisions. She noted that in the City of Allentown there is a Commission set up to hear complaints regarding these issues and that there are problems and difficulties with enforcement. Attorney John Gross, in attendance at the meeting on behalf of the Township Solicitor, advised that he is aware of this particular Ordinance and that same is constitutional. However, he noted that you must create a Board or Commission as well as someone to investigate complaints. The process is if you have an Ordinance like this enacted someone must be able to come to the Township and there must be a designated individual who investigates the matter and then takes it to the Commission which has to be created for action. If the Township would consider the adoption of such an Ordinance, Attorney Gross noted that the Township must be in a position to create the Commission and make sure it is functional otherwise there will be problems resulting from such action. Councilman Atkinson noted that there are federal regulations with respect to these issues. Attorney Gross indicated there is the State Human Relations Act, the EDOC, and the Fair Housing Act
tin addition to federal regulations. Attorney Gross did note that the City of Allentown has added a few protective clauses, which are not covered in state and federal law.

At this point in the meeting, Mr. Thomas Lerch, 2320 Grove Rd., approached the Board and indicated that as Council will recall he had brought this issue up because of what is not covered under state and federal law. Mr. Lerch indicated that he had a concern over an employer or landlord saying that they will not hire or rent to you because of your sexual orientation. He thought that the Township should take a position that there will be no such discrimination.

The Township Council advised Mr. Lerch that the Township’s Administrative Code does have provisions against discrimination and the Township Manager noted that the Township has never discriminated from employment with the Township for reasons as set forth in the Allentown Ordinance. Mr. Lerch felt that he had no further concerns regarding this matter.

2.) The Township Manager advised the Board that she has provided them with the proposed Resolutions to be reviewed at the upcoming PSATS Convention. It was noted that Councilman Kovacs would be the voting delegate at the convention and she had provided the Board with copies of the Resolutions with her comments noted on same. In reviewing the Resolutions with the Board, the Board was in general agreement with the Township Manager’s comments. It was noted that some of the Resolutions relating to impact fees do not apply to the Township since the Township never adopted impact fees. It was further noted that references to amendments to the Second Class Township Code will not apply since the Township has a Home Rule Charter form of government. It was noted that the Resolutions, which relate to tax reform did not appear to be acceptable in their present form and the Township most likely could not support such legislation. Councilman Atkinson brought up recent matters that have come to light with respect to regulations, which could be enforced to provide funds to municipalities, which have a large percentage of tax-exempt properties within their jurisdiction. It was noted that this matter had been discussed with the Township Attorney and that he had advised that the Township not proceed at this time and see where such legislation was headed. In any event, the Township Attorney should be consulted regarding this matter.

There was a discussion with respect to the vandalism at Pump Station 5. It was noted that the Township would change the locks on the pump station and provide motion detectors to detect individuals approaching the pump station. It was noted that with respect to the dialer system if you cut the power, the dialer does not work. There was some discussion with respect to battery backup at the pump stations and the Township Manager indicated she would discuss that issue with the Public Works Director.

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

The Township Engineer offered no oral report at this time.

3. John F. Gross, Esquire
For J. Jackson Eaton, III, Esquire
Township Attorney

Attorney Gross offered no report at this time.

4. Maintenance Report (Written)

5. Fire Company Report (Written)

6. Code Enforcement Officer's 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 Report and same were noted for the record.

Councilman Atkinson questioned whether or not the Township Manager had mentioned to Public Works the post and rail installation at Canal Park. The Township Manager advised that she had discussed the matter with Public Works but no determination has been made. With respect to the Fire Company Report, there was a discussion regarding fire alarms and the situation where the Fire Company fines a company the third time there is a false alarm. With respect to what revenues the fire company derives from these matters, the Township Manager noted that she is unaware of those amounts.

8. Treasure's Report (Written)

Motion: --- I move we accept the computer printouts dated March 17, 2008, 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 ---------- Unan

Unfinished Business:

Councilman Atkinson noted that with respect to Catasauqua Lake, in addition to deepening the lake, he felt the Township should be looking into trimming around the lake and removing growth around the rim of the lake. The Township Engineer commented that the Township is already getting questioned by the Army Corps of Engineers with respect to altering the banks of the lake. With respect to restocking the lake, upon questioning by Councilman Kovacs, it was noted that the lake will be restocked after the project is done and that the fish in the lake before it was drained were taken out.

New Business: NONE

Payment of the Bills

Motion: --- I move Council authorize payment of Payroll (04/04/2008); Payroll (03/21/2008); Voucher Nos. 15684-15692 (Prepaids), Voucher Nos. 15693-15739, from the General Fund Account in the amount of $216,848.89; Voucher Nos. 42 from the Liquid Fuels Account in the amount of $6,066.16; Voucher Nos. 2453 (Prepaids), Voucher Nos. 3454-3455 from Capital Reserve in the amount of $5,054.86; Voucher Nos. 3193 (Prepaids), Voucher Nos. 3194-3195 from Escrow Account in the amount of $11,059.76; Voucher Nos. 3404-3410 from the Water Account in the amount of $51,205.58; Voucher Nos. 4279 (Prepaids), Voucher Nos. 4280-4290 from the Sewer Account in the amount of $129,979.92 for a Grand Total Expenditure of $414,149.04.

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

Courtesy of the Floor: NONE

Adjournment:

The meeting was adjourned at 8:15 P.M.

Respectfully submitted,

Sandra A. Pudliner
Township Manager

 

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