The regular semi—monthly meeting of the Board of Supervisors, Hanover Township, Northampton County, Pennsylvania was called to order by Chairman John Diacogiannis at the Hanover Township Municipal Building, 3630 Jacksonville Road, Bethlehem, Pennsylvania, 18017 at 7:30 P.M.
Present were Supervisors Colon, Walbert and Nagle, Engineer Birdsall, Attorney Wendy Nicolosi for Solicitor Broughal, Public Works Director Kevin Healy and Township Manager Jay Finnigan.
The Pledge of Allegiance was performed.
Upon motion of Mr. Walbert, seconded by Mr. Colon, the Board unanimously approved the Agenda.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr. Walbert yes.
Upon motion
of Mr. Colon, seconded by Mr. Nagle, the Board approved the minutes, as
written, from the meeting of the Board of Supervisors Reorganization Meeting dated
January 3, 2006.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr.
Walbert yes.
Upon
motion of Mr. Colon, seconded by Mr. Nagle, the Board approved the minutes, as
written, from the meeting of the Board of Supervisors dated January 10, 2006.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr.
Walbert yes.
Upon
motion of Mr. Nagle, seconded by Mr. Colon, the Board approved the List of
Bills and Transfers dated January 24, 2006 as prepared by the
Secretary/Treasurer, and to enter the signed List of Bills by the
Secretary/Treasurer and the Board of Supervisors as an attachment to the
minutes.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr.
Walbert yes.
COURTESY OF THE FLOOR
It was
noted that no one wished to offer any comment.
REPORT OF THE CHAIRMAN
Mr.
Diacogiannis reported that he will hold a monthly meeting on the first Monday
of each month at the Community Center from 7—8 p.m. and residents are welcome
to come and offer any comment or suggestions as an open forum. Only one Supervisors can attend in order not
to violate State Law. The Township Manager may also attend the meeting when
he's available.
REPORT OF THE VICE—CHAIRMAN
Mr.
Walbert had nothing to report.
SUPERVISOR'S COMMENTS
It was
noted that no one had any comments.
PLANNING & ZONING
A
discussion was held on Garage/Yard Sales.
Mr.
Finnigan stated he has a sample ordinance from another township and recommends
that our Solicitor draft a similar ordinance and to include where signs can be
posted and when they need to come down.
Mr.
Diacogiannis directed the Township Solicitor to prepare an Ordinance for the
Supervisors review regarding the requirements for having a Garage/Yard Sale.
A
discussion was held on the parking of vehicles on residential property.
Mr.
Finnigan stated he researched the internet and as far as he can see there are
no ordinances in other townships or municipalities that prohibit the storage of
unused vehicles with the exception of the BOCA Code that allows one
unregistered vehicle on the premises. There is nothing relating to boats, motor
homes, RV's, etc.
Mr.
Walbert stated within the limitations of the BOCA Code, we can enforce it but
other than that it would be difficult. Mr. Walbert recommends not pursuing this
issue.
Attorney
Nicolosi stated if it is a violation of the BOCA Code or a safety issue, we can
enforce, otherwise it's hard to regulate when it's on private property.
PUBLIC WORKS
Mr.
Walbert moved that the Board approve to award the Bid for the 1989 Chevy Blazer
4—Wheel Drive with Western Snow Plow to Klassic Kids, Inc. 4135 Nazareth Pike,
Bethlehem, PA. 18017 at a bid price of $2,200.00. Mr. Walbert also moved that
the Secretary notify Klassic Kids of their awarded bid, to notify the next
highest bidder that we will be holding his bid until the awarded bidder
confirms and to return all other bids.
Mr. Colon
seconded the motion.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr.
Walbert yes.
ADMINISTRATION
A public
meeting was held regarding the Amendment to the EMS Tax Ordinance.
Attorney
Nicolosi stated this amendment exempts anyone under the age of 18 in the
calendar year from paying the tax and allows the tax to be taken out in three installments.
Mr. Nagle
moved that the Board approve the following Ordinance 06—01 regarding the
Emergency Municipal Service Tax:
ORDINANCE 06—01
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF
HANOVER, COUNTY OF NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA AMENDING ORDINANCE
02—01, CHAPTER 163, PROVIDING PROCEDURES FOR ASSESSMENT, COLLECTION AND
ENFORCEMENT OF THE EMERGENCY AND MUNICIPAL SERVICES TAX AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT
HEREWITH.
Mr.
Walbert seconded the motion.
Mr.
Finnigan stated he received a call from a business owner regarding Chapter
160—3—3. They were concerned that if an employee leaves after the first payment,
the business could lose $17 to $34 if this is spread over 3 months. Mr.
Finnigan stated the way it's written, the employer should subtract the
remaining owed from the employee's final pay.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr.
Walbert yes.
Mr. Nagle
moved that the Board adopt the Strategic Plan as presented by the Township
Manager.
Mr.
Walbert seconded the motion.
Mr.
Walbert commented that it is a very comprehensive plan and a lot of work was
put into it and it is a good guide for our growth and activities over the next
five years.
Mr.
Diacogiannis commented that it is a dynamic document and at least once a year
we should re—visit the plan for review.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr.
Walbert yes.
Mr. Nagle moved
that the Board approve to authorize the Chairman to sign the "Return of Taxes
for the Year 2005" form for Northampton County.
Mr. Colon
seconded the motion.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr.
Walbert yes.
DEVELOPMENTS
Mr. Colon
moved that the Board approve the Preliminary/Record Site Plan for LVCC II Lot
12 upon the following conditions:
1. The Developer/Owner agrees that this
approval is only for the hotel and not for the restaurant and that an
additional Land Development Plan shall be submitted and be approved by the
Township for a Restaurant prior to any work on a restaurant can begin on this
lot. (Zoning Section 159—36.E.(1)).
2. The Developer/Owner is aware that the
Hanover Township Zoning Hearing Board Decision of May 3, 2005, which granted
relief from Zoning Ordinance Section 185—54.E.(9)(c) and requires — "that
before any construction is commenced on the subject lot, security deemed
adequate by the Hanover Township Board of Supervisors be provide to the Township
for the signalization of High Point Boulevard and Stoke Park Road."
Note: The amount agreed upon by the Hanover
Township Board of Supervisors was $75,000.00.
3. The Developer/Owner agrees that prior
to recording this plan a plan and Agreement must be entered into and recorded
which creates a storm sewer easement in accordance with this plan in Lot 13 for
the benefit of Lot 12. This shall be to
the satisfaction of the Township Solicitor.
(S.A.L.D.O. Section 159—12).
4. The Developer/Owner shall enter into an
Improvements Agreement with the Township and provide appropriate security. (S.A.L.D.O. Section 159—30.D(5)).
A. The Improvements Agreement shall include a notarized statement, satisfactory to the Township Solicitor, stating that the Township shall be held harmless against any claim of damage from the downstream property owners that may result from the proposed development. (Stormwater Section 152—10.E).
B.
The Improvements Agreement and a separate covenant
running with the land shall include provisions satisfactory to the Township
Solicitor, that the stormwater collection, conveyance and control facilities
located on private property shall be properly operated and maintained.
(Stormwater Section 152.10.M).
5. The Developer/Owner shall enter into a
Maintenance Agreement with the Township and provide appropriate security. (S.A.L.D.O. Section 159—30.D.(6)).
6. The Developer/Owner shall pay all
current fees, including any outstanding plans and appeals account charges. (S.A.L.D.O. Section 159—36.J.).
7. The Developer/Owner shall provide two
(2) Mylars for recording the plans and ten (10) sets of plans which are signed
and notarized by the Owner and sealed by the Engineer. (S.A.L.D.O. Section 159—34.B.).
8. The Developer/Owner
shall meet all conditions of the Preliminary/Record Plan approval, and the Record Plan shall be
recorded within twelve (12) months of Conditional
Plan approval, and agrees that if such conditions are not met, the conditional Preliminary/Record Plan
approval shall be considered void, and the application
for Preliminary/Record Plan approval shall be considered void and withdrawn.
Mr. Colon further moved that the
granting of conditional approval of this plan recognizes that the Township is agreeing
to the following on the Site Development Plan:
A. That the Board of Supervisors waive the
requirement that a Noise Study be provided when land abuts an arterial road
with the caveat that the Developer shall install noise attenuating materials in
the new construction. (SALDO Section
159—25).
It was
noted for the record that the Board has the Conditional Site Plan approval
agreement signed by the Developer and the Developer has agreed with the
conditions as stated.
Mr. Nagle
seconded the motion.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr.
Walbert yes.
Mr. Colon
moved that the Board, as recommended by the Township Engineer, approve a
security reduction of $403,000.00 to the Developer for the Monocacy Farms
Subdivision, a.k.a. Hanover Crossing North, Escrow Release Request #6 with the
following conditions:
1. That security for the work remaining plus contingencies be maintained in the amount of $2,816,000.00;
2. That the Extension Agreement, to November 18, 2006, has been signed by the Developer;
3. That the Developer provides a schedule satisfactory to the Board of Supervisors for completion of the issues in the Township Engineer's letter dated December 1, 2005; and
4. That the Developer adheres to Township Policy No. 25.
I further move to notify the Developer of the Board's action relative to this matter.
Mr. Nagle
seconded the motion.
Mr.
Birdsall brought the Board up to date on the subdivision and where the
Developer stands with items that need to be completed.
Mr. Colon
revised the motion to include a Condition #5 stating if issues are not
satisfactorily addressed by the next Supervisors meeting; it will be placed on
the Supervisors Agenda for February 14, 2006 for a status report.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr.
Walbert yes.
Mr. Colon
moved that the Board approve to authorize the Chairman to sign the Developer's
Extension Agreement relative to DeLuca — Hanover Crossing North.
Mr.
Walbert seconded the motion.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr.
Walbert yes.
Attorney
Joseph Zator, Mr. David Jaindl and Mr. Scott Pidcock were present representing
Hanover Corporate Center II — Jaindl Land Company Preliminary/Record
Subdivision Plan approval.
A
discussion was held concerning the conditions for plan approval.
Changes
were made to the following conditions: #1, #3, #4, #7, #13—C, #13—D, #13—F,
#13—G, #13—H, #13—I and Waiver B.
Mr.
Diacogiannis directed the Solicitor to make the necessary changes and submit
the conditional plan approval for review, so that this can be placed on the
next Supervisors' Agenda of February 14, 2006.
Mr. Colon
moved that the Board take the following action with respect to the Hanover
Highlands Lot 4—5 Subdivision Plan:
1. That the Township urges the Developer to provide a detailed plan for the main swale repairs and a schedule for completion of all Punch List items;
2. That the Township urges the Developer to provide an extension to the Maintenance Bond for six months to August 8, 2006;
3. That the Township Solicitor be authorized to "draw on" or "demand performance under" the Maintenance Bond if the Developer does not provide the Township with an extension to the security by January 31, 2006; and
4. That the Developer adheres to Township Policy No. 25.
Mr.
Walbert seconded the motion.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr.
Walbert yes.
Mr. Colon
moved that the Board grant the developer of the Hanover Pointe Subdivision the
requested release for Escrow Release No. 12 in the amount of $147,380.76 upon
the following conditions:
1. That the Developer provides the
Township with a status of the security being provided by First Star Savings
Bank corrected to reflect the $250.00 difference noted above;
2. That the Developer acknowledges that
the security provided by First Star Savings Bank
as required by the Subdivision Improvements Agreement will remain at a minimum of $1,953,046.55, for the work
remaining, plus contingencies; and
3. That the Developer adheres to Township Policy No. 25.
Mr. Walbert seconded the motion.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr. Walbert yes.
Mr. Colon moved that the Board, as recommended by the Township Engineer, reject the request for release of additional security for improvements to the property at 4140 Airport Road and to notify the Developer of the Board's action.
Mr. Nagle seconded the motion.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr. Walbert yes.
COURTESY OF THE FLOOR
It was noted that no one wished to offer any comment.
TOWNSHIP MANAGER'S REPORT
Mr. Finnigan stated he received a letter from City of Bethlehem in regard to the rezoning of the Martin Tower property. We were notified if we wanted to give testimony at the February 21 or March 7 public hearings and the final enactment of the ordinance will be March 21, 2006 because we have adjoining property.
Mr. Finnigan asked if the Board wants him to respond to the Blair Road Residents regarding the complaint about an R.V. parked on a resident's property. The Board stated yes.
Mr. Finnigan asked for an executive session at the end of the meeting for personnel matters.
PUBLIC WORKS REPORT
Mr. Healy had nothing to report.
SOLICITOR'S REPORT
Attorney Nicolosi had nothing to report.
ENGINEER'S REPORT
Mr. Birdsall has the Bond for Lot 4—5 Hanover Highlands which is for $347,060.00 and it is typically 15% of the whole project and typically we do not release anything out of the maintenance bond until the eighteen months is complete. It is not like a performance bond where we release an amount as the work is completed. Mr. Birdsall stated we do not want to do this and would like to address this in an executive session as far as the bond enforcement.
ROAD REPORTS
Mr. Walbert — Road District #1, Mr. Diacogiannis — Road District #3, Mr. Colon — Road District #4 and Mr. Nagle — Road District #5 & 6 had nothing to report.
Mr. Diacogiannis passed on information on a grant workshop regarding the Northampton County 21st Century Open Space Initiative.
Mr. Finnigan stated he received a call on the Diefenderfer properties; I assume the County wants to get that incorporated into the open space and whoever the last surviving Diefenderfer was must have just recently passed away and there was a request to the County and the County is going to take it over. Mr. Finnigan stated that 90% of the property is located in East Allen Township.
Upon motion of Mr. Walbert, seconded by Mr. Colon, the Board approved adjournment of the regular meeting at 9:20 P.M.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr. Walbert yes.
The Executive Session concluded at 10:05 P.M.
Stacy C. Milo
Secretary/Treasurer