The regular semi—monthly meeting of the Board of Supervisors, Hanover Township, Northampton County, Pennsylvania was called to order by Chairman Stephen Salvesen at the Hanover Township Municipal Building, 3630 Jacksonville Road, Bethlehem, Pennsylvania, 18017 at 7:30 P.M.

Present were Supervisors Colon, Walbert, Diacogiannis and Finnigan, Solicitor Broughal, Attorney Wendy Nicolosi, Engineer Birdsall and Public Works Supervisor Kevin Healy. Manager Sterner was on vacation.

Upon motion of Mr. Finnigan, seconded by Mr. Walbert, the Board unanimously approved the Agenda.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes, Mr. Finnigan yes.

Upon motion of Mr. Walbert, seconded by Mr. Colon, the Board unanimously approved the minutes, as written, from the meeting of the Board of Supervisors dated August 28, 2001.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes, Mr. Finnigan yes.

Upon motion of Mr. Walbert, seconded by Mr. Colon, the Board unanimously approved the minutes, as written, from the meeting of the Board of Supervisors dated September 18, 2001.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes, Mr. Finnigan yes.

Upon motion of Mr. Diacogiannis, seconded by Mr. Finnigan, the Board unanimously approved the List of Bills and Transfers dated September 25, 2001 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. Salvesen yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes, Mr. Finnigan yes.

Mr. Salvesen had nothing to report.

Mr. Finnigan stated he had a meeting with the residents of Hanoverville Road to discuss their concerns on the Jaindl property as well as the enforcement of "no trucks" except for local deliveries. Mr. Finnigan stated that Attorney Nicolosi is researching the specific Pennsylvania Motor Code and there is an enforcement with a fine and asked that she turn over that information to Chief Spang.

Mr. Finnigan met with Mr. Jerry Sommers of Fairview Street relative to his concerns on whether Fairview Street is or is not a road or an accepted street or not an accepted street.

Mr. Finnigan suggested to Mr. Sommers that he do what he deems necessary and what he feels that road is personally worth to him.

Mr. Dan Fuchs representing Extended Stay America was present to ask the Board what the status and the progress was of the amendment to the limited service hotel.

Mr. Broughal stated that a number of amendments were done including these and it was forwarded to the Township Manager. Mr. Broughal and Mr. Schmalzer from Hanover Engineering met and prepared the amendments including Extended Stay and there were other things that we wanted to put in there, it was drafted and sent to Mr. Sterner.

Diane Ankrom of 4204 Maria Lane was present to discuss erecting a fence on her property. There is an easement in the rear of the property and she is requesting a 1—2 foot variance from the 10—foot rule due to landscaping and a tree line that was planted in spring.

Mr. Healy stated as long as the necessary papers are signed, the Township Manager and I do not have a problem with it.

Mr. Finnigan moved that the Board approve to grant the request of Richard and Diane Ankrom of 4204 Maria Lane to install a fence two feet into the ten foot easement to the rear of their property, conditioned upon Mr. & Mrs. Ankrom signing a Hold Harmless Agreement satisfactory to the Township Solicitor and to notify Mr. & Mrs. Ankrom of the Board's action.

Mr. Colon seconded the motion.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes, Mr. Finnigan yes.

Attorney Nicolosi is requesting approval to advertise for Act 68 of the Municipalities Planning Code to incorporate the changes to conform the Township S.A.L.D.O. and Zoning.

The SALDO is pretty basic, but the main changes in the zoning are the protection of any kind of forestry, more protection toward agricultural areas.

Mr. Finnigan moved that the Board approve to authorize the Township Solicitor to advertise these amendments to SALDO and Zoning.

Mr. Walbert seconded the motion.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes, Mr. Finnigan yes.

Mr. Mark Bahnick, VanCleef Engineering, Mr. Jack Calahan and Mr. Fred Jackson, Architect were present to discuss the proposed development of Hanover Glen located at Stoke Park and Jacksonville Road that was formally approved for an assisted living facility.

Mr. Bahnick reviewed an outline that stated they are proposing 5 buildings with 10 garden apartments each, which will be sold as condominiums and marketed toward the 55 and older population. The condominium association will own and maintain all buildings, property and infrastructure. No fences, swings or other yard improvements are not permitted.

Mr. Bahnick stated that the applicant/developer would complete significant road frontage improvements at his expense during or before the Hanover Ridge project across the street. The storm water management basin would retain water between rainfall events and would be landscaped to make it an asset to the property. A PHR zoning is required to permit this use.

Mr. Fred Jackson gave the Board a layout of the units, each unit one has there own garage with one extra parking spot. There are a total of 120 parking spaces. There will be a boulevard type entrance leading to a courtyard off of Jacksonville Road. The square footage is 1,275 for 1^st floor and slightly bigger on the second floor and each unit has two bedrooms.

Mr. Calahan stated there would be a walking track around the whole community and on the complex will be sitting areas with gazebos and landscaping. Mr. Calahan stated he would like a fence around the whole complex.

Mr. Salvesen stated that 120 parking spaces is not enough parking.

Mr. Finnigan stated conceptually it looks like that would fit into that area, assuming that the traffic and impervious coverage numbers are okay. The appearance is not of a typical condominium complex and would blend in with the Township, and conceptually it is a good plan.

Mr. Walbert stated he agreed with Mr. Finnigan.

A discussion was held concerning the re—zoning of the property to accommodate this type of plan.

Mr. Joe Trinkle was present representing LVIP IV Lot 33 Liberty Property Parking Lot Expansion. Mr. Trinkle asked the Board to postpone this item to the next Board of Supervisors meeting because the letter on conditions were not able to be signed.

Mr. Salvesen stated that this item be placed on the October 9, 2001 Agenda.

Mr. Colon moved that the Board approve to accept the improvements for Guardian Life Insurance Company Phase I and II Parking Lot addition, conditioned upon the receipt of the Maintenance Security and that the maintenance period start upon receipt of the maintenance security and the Developer adheres to Township Policy #25, and to notify the Developer of the Board's action.

Mr. Finnigan seconded the motion.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes, Mr. Finnigan yes.

It is noted for the record, the withdrawal of the Gateway Office Plaza Preliminary/Record Plan.

It is noted for the record that Uplands Office Park has granted the Township an extension of time for review to January 3, 2002.

Mr. Colon updated the Board on the Nazareth Area Council of Government and the moving on a Regional Plan and what a Regional Plan would mean for those involved.

Mr. Salvesen closed the regular meeting at 8:20 P.M. and opened the public meeting for the vacation of Old Stoke Park Road.

It was noted for the record that the public meeting had been duly advertised and the Secretary has proof of publication.

It was noted that there was no one who wished to speak.

Mr. Salvesen closed the public meeting and re—opened the regular business meeting at 8:23 P.M.

Mr. Walbert moved that the Board approve to adopt the following Ordinance for the vacation of Old Stoke Park Road and authorize the Chairman and Secretary to sign the Ordinance:

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF HANOVER, COUNTY OF NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA PROVIDING FOR THE VACATION OF CERTAIN PORTIONS OF OLD STOKE PARK ROAD SITUATED WITHIN HANOVER TOWNSHIP.

Mr. Colon seconded the motion.

Mr. Broughal stated that there is an easement where the water main in the road currently exists and we need a temporary easement agreement from now until the water main is moved to a different location. Mr. Broughal asked that the Board condition the passage of this ordinance conditioned upon receipt of the temporary easement agreement between Hanover Township and LVCC.

Mr. Walbert amended the motion; that the Board approve to adopt Ordinance 01—09 for the vacation of Old Stoke Park Road, conditioned upon the receipt of a temporary easement agreement and to authorize the Chairman and Secretary to sign the Ordinance.

Mr. Colon seconded the motion.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes, Mr. Finnigan yes.

Mr. Walbert moved that the Board approve to authorize the Chairman to sign the agreement between Hanover Township and the NCSPCA. This agreement will be for the housing and disposal of stray animals, 24 hour emergency service for injured strays, full record keeping and documentation required by the Department of Agriculture, Bureau of Dog Law, Spay/Neuter assistance programs, stray animal drop—off, twenty—four hours a day/seven days a week, including weekends and holidays for animal control officers and police officers, quarantine of stray animals suspected of rabies, humane investigations, citations and prosecutions, veterinary care for sick or injured strays.

Mr. Colon seconded the motion.

Mr. Healy stated he has a big problem with this agreement and would like to see it go on the way we do it now. The way this is written anyone can take an animal there and we would be charged per animal.

Attorney Nicolosi stated they need to change some wording in the agreement and that there are concerns that this leaves it open for any animal to be taken there. The Township only has jurisdiction over dogs.

Mr. Walbert withdrew the motion.

Mr. Colon withdrew his second.

Mr. Salvesen tabled the approval of the agreement until the Solicitor and Township Administration can agree to a satisfactory agreement.

Mr. Walbert moved that the Board approve to accept the following Wegmans Subdivision Improvements and all associated roadways as stated in Hanover Engineering's recommendation letter dated September 18, 2001.

As stated in Hanover Engineering's letter dated September 18, 2001, it is the recommendation of the Township Engineer that the Board of Supervisors accept the improvements and begin the eighteen (18) month maintenance period upon the following conditions:

1. That the Developer complete all of the items found in both "Punch Lists."
1. That the Developer provide maintenance security in a form and amount suitable to the Township Solicitor and that the security be provided for one (1) month beyond the maintenance deadline.
1. That the Township Solicitor review the Subdivision Improvement Agreement dated August 24, 1999 to confirm that the Developer has complied with the Agreement.
1. That the Developer complies with Township Policy #25.
1. That the Maintenance Period not start until Conditions 1—4 have been satisfied.

Mr. Colon seconded the motion.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes, Mr. Finnigan yes.

A discussion was held concerning a letter received from a resident regarding making Grace Avenue one—way.

Mr. Salvesen tabled this item until it can be discussed with the Township Manager when he returns from vacation.

Mr. Walbert moved that the Board approve to notify Mr. Lou Maio of 1199 Bluestone Drive, Bethlehem, PA. 18017 that the Board denies his request to remove 4 trees from his property with no replacement.

Mr. Finnigan seconded his motion.

Mr. Salvesen no, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes, Mr. Finnigan yes.

The motion passed by a 4—1 vote.

Mr. And Mrs. Robert Welsh of 1341 Sycamore Avenue were present to discuss an extension of time in planting two trees on their property.

Mr. Finnigan moved that the Board approve to grant an extension of time to May 30, 2002 to Mr. And Mrs. Robert Welsh for the planting of trees and direct a member of the Shade Tree Commission to go out an look at the Welsh property and justify why the trees have to be placed there, not only for this property but to make sure the Township has uniformity and enforcement.

Mr. Walbert seconded the motion.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes, Mr. Finnigan yes.

A discussion was held concerning a letter from Mr. And Mrs. T. W. Christy of 2015 Quail Creek Road in reference to the Township accepting an evergreen tree that they planted as a shade tree. The Shade Tree Commission sent them a letter requesting they plant a shade tree in the right—of—way to replace the one that was removed and to move the evergreen tree.

Mr. Walbert moved that the Board deny Mr. And Mrs. Christy's request to replace a shade tree with an evergreen tree.

Mr. Colon seconded the motion.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes, Mr. Finnigan yes.

It is noted for the record that the Board has received the 2002 Minimum Municipal Obligation for the Pension Plan.

Mr. Diacogiannis moved that the Board approve to release Centimark Corporation from all penalty an interest charges for Business Privilege/Mercantile taxes for the years 1999 and 2000 due to the fact that they paid the tax to the City of Bethlehem, and to notify Centimark and Berkheimer Associates of the Board's action.

Mr. Colon seconded the motion.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes, Mr. Finnigan yes.

No one was present to offer any comment.

Mr. Healy had nothing to report.

Mr. Broughal stated that the challenge by Manorhouse is before the Zoning Hearing Board on Thursday night.

The Board went into an Executive Session at 9:10 P.M. to discuss potential litigation.

Mr. Salvesen re—opened the regular business meeting at 9:20 P.M.

Mr. Salvesen moved to authorize the Township Solicitor to call the Attorneys representing Manorhouse an ask that they continue their appeal process in front of the Zoning Hearing Board scheduled for September 27, 2001 in view of the Hanover Glen proposal.

Mr. Colon seconded the motion.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes, Mr. Finnigan yes.

Mr. Birdsall had nothing to report.

Mr. Walbert reported on Road District #1, nothing to report.

Mr. Salvesen reported on Road District #2, nothing to report.

Mr. Diacogiannis reported on Road District #3, nothing to report.

Mr. Colon reported on Road District #4, nothing to report.

Mr. Finnigan reported on Road District #5, nothing to report.

Upon motion of Mr. Finnigan, seconded by Mr. Walbert, the Board unanimously approved adjournment at 9:25 P.M.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes, Mr. Diacogiannis yes, Mr. Finnigan yes.

Linda J. Sterner

Secretary/Treasurer