The regular semi-monthly meeting of the Board of Supervisors, Hanover Township, Northampton County, Pennsylvania was called to order by Chairman, John N. Diacogiannis at the Hanover Township Municipal Building, 3630 Jacksonville Road, Bethlehem, Pennsylvania, 18017 at 7:30 P.M.
Present were Supervisors Colon, Salvesen, Nagle and Walbert, Mr. Mike Schmalzer for Engineer Birdsall, Solicitor James Broughal, Manager Finnigan and Public Works Director Healy.
The Pledge of Allegiance was performed.
Upon motion of Mr. Salvesen, seconded by Mr. Colon, the Board approved the Agenda.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Upon motion of Mr. Salvesen, seconded by Mr. Nagle, the Board approved the minutes, as written, from the meeting of the Board of Supervisors dated July 25, 2006.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Upon motion of Mr. Colon, seconded by Mr. Colon, the Board approved the List of Bills and Transfers dated August 8, 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. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
COURTESY OF THE FLOOR
Mrs. Joan Rosenthal from the Zoning Hearing Board was present to discuss issues that have come up over recent months in regards to homeowners coming in looking for patios and landscaping pavers to be placed in their backyards; unfortunately the Developers seem to sell their lots with the provision that this is allowed, forgetting that they have a blue print that has taken up the whole building lot. There is no room to put a patio without encroaching on the 40’ setback and we have had to turn these homeowners down and they cannot understand why they are not allowed to put in a patio. We have discussed this with the Zoning Officer and she has come up with some suggestions that she would like the Board to consider.
Mr. Diacogiannis suggested that the Zoning Hearing Board, the Zoning Officer and the Township Engineer work together and come back to the Board with a list of recommendations.
REPORT OF THE CHAIRMAN
Mr. Diacogiannis had nothing to report.
REPORT OF THE VICE-CHAIRMAN
Mr. Walbert had nothing to report.
SUPERVISOR’S COMMENTS
Mr. Colon commented on National Night Out and deemed it a success. There was a lot of hard work by the Crime Watch Committee. There were a reduced number of attendees but that was due to it being 100 degrees that night. Mr. Colon extended his gratitude and thanks to Mr. Joe Veltri and Mrs. Joan Rosenthal for all the work they did.
Mr. Diacogiannis agreed with Mr. Colon and stated the same.
PLANNING & ZONING
Mr. Walbert closed the regular meeting and opened the Public Hearing for the amendments to the Hanover Township Zoning Ordinance. It was noted that the hearing had been duly advertised and the Secretary has received Proof of Publication. A Court Stenographer was present to record all testimony.
When the Public Hearing concluded, Mr. Walbert re-opened the regular meeting.
Mr. Walbert stated that the Ordinance will be placed on the next Supervisor’s Agenda of August 22, 2006 for a vote.
Mr. Walbert moved that the Board approve to adopt the following Resolution adopting the Land Use Assumption Report:
RESOLUTION NO. 06-09
WHEREAS, Hanover Township,
Northampton County wishes to update the Land Use Assumption Report which was
last revised June 13, 1996, and
WHEREAS, the Hanover Township
Transportation Impact Fee Advisory Committee met and in conjunction Hanover
Engineering Associates, Inc., prepared a revision as of March 1, 2006, and
WHEREAS, the Lehigh Valley Planning
Commission offered comments on the revision in a letter dated March 31, 2006,
signed by Olev Taremae, Chief Planner, and
WHEREAS, the Hanover Township Transportation
Impact Fee Advisory Committee conducted a Public Hearing on the updated plan on
June 28, 2006, with testimony recorded by a Registered Professional Reporter –
Deborah K. Marshall.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Hanover Township, County of Northampton, Commonwealth of Pennsylvania hereby adopts the Land Use Assumption Report as last revised March 1, 2006 as required by Act 209 of 1990.
Mr. Salvesen seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
PUBLIC WORKS
Mr. Salvesen referenced the memorandum and report dated August 3, 2006 from Township Manager, Mr. Finnigan, in regards to the Parks, Recreation and Open Space Plan asking for comments so we can include them in the revised plan so a Resolution can be adopted by September 12, 2006.
Mr. Salvesen asked Mr. Finnigan if there is any net change to the budget with any of the additions to the plan.
Mr. Finnigan stated nothing has been put in the budget.
Mr. Colon stated he will forward his comments to Mr. Finnigan.
Mr. Nagle discussed the addition of another recreation field as stated in the plan and commented on the fields the Township has now.
Mr. Diacogiannis stated that all comments be given to Mr. Finnigan as soon as possible and the “Plan” will be placed on the September 12, 2006 agenda for adoption.
ADMINISTRATION
Mr. Nagle moved that the Board approve to authorize the Township Solicitor to advertise the proposed amendment to Ordinance 02-01, Chapter 163.
NOTE:
Ordinance 02-01, Chapter 163 enacts a realty transfer tax and other tax
related provisions pursuant to Article XI-D of the Tax Reform Code of 1971.
Mr. Salvesen seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert
yes, Mr. Diacogiannis yes.
Mr. Nagle moved to authorize the Township Solicitor to sign
the Stipulation of Counsel, in the case of Walgreen Eastern Co., Inc., versus
Northampton County Revenue Board of Appeals, Bethlehem Area School District,
and Hanover Township, on behalf of Hanover Township.
Mr. Colon seconded the motion.
Mr. Finnigan stated that over the last couple of years Walgreens has appealed their assessment by Northampton County which in turn affects their school and township taxes. The Township joined the County and their stand to not give a tax deduction but the school district chose not to participate.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Mr. Nagle moved that the board approve the following proclamation honoring Roberto Gonzalez, Scout Leader:
PROCLAMATION NO.
2006-04
A PROCLAMATION
HONORING
ROBERTO GONZALEZ
WHEREAS,
Roberto Gonzalez has provided thirteen years of tireless dedication to the
members of Pack 352 and Troop 352, Notre Dame of Bethlehem Church and the Boy
Scouts of America; and
WHEREAS, as a
direct result of Mr. Gonzalez efforts and involvement the disbanding of Troop
352 was avoided; and
WHEREAS, Mr. Gonzalez has led the
Tiger Cub Program, became a Wolf Den Leader and in 1999 became Scoutmaster of
Troop 352 a position he held until 2005; and
WHEREAS, Mr. Gonzalez effectively
and efficiently guided Troop 352 through their 50th Anniversary Celebration in
2005; and
WHEREAS, Mr. Gonzalez has had an
everlasting and positive effect on the members and families participating in
Troop 352; and
WHEREAS, Mr. Gonzalez has assisted
in the advancement of every member of the troop who has been in the 8th grade
achieve the rank of Eagle Scout - Scouting's highest rank. In the last nine months alone the Troop has
produced nine Eagle Scouts - Donald Dauphin, Robert Gonzalez, Gerald Borgia,
James Gallagher, Stephen Anthony, Michael Thorley, Joseph Leeson and Shane
Smith; and
WHEREAS, Mr. Gonzalez continues to
devote his efforts to Troop 352 today as an Assistant Scoutmaster.
NOW, THEREFORE, BE IT AND IT IS
HEREBY PROCLAIMED, by the Board of Supervisors of Hanover Township, County of
Northampton, and the Commonwealth of Pennsylvania:
That ROBERTO GONZALEZ is applauded
and recognized for his efforts in Pack and Troop 352, Notre Dame of Bethlehem
Church, Boy Scouts of America and the Board of Supervisors congratulate him for
his dedication and devotion to the Troop.
The Board of Supervisors also proclaims the week of August 21st, 2006
Roberto Gonzalez Week in Hanover Township.
Mr. Colon seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
DEVELOPMENTS
Mr. Colon moved that the Board, as recommended by the
Township Engineer, approve to adopt the
terms and conditions relative to the Revised Preliminary/Record Plan for LVIP
IV Lot 45 – MINRAD, Inc. Proposed Building Addition, prepared and provided to
the Developer/Owner for signature, and the Township Secretary notify the
Developer/Owner of the Board’s action relative to this matter as follows:
CONDITIONS
1. The Developer/Owner shall enter into an
Improvements Agreement with the Township and provide appropriate security. (S.A.L.D.O. Section 159-30D.(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 152-10E.).
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 152-10M.).
2. The Developer/Owner shall enter into a
Maintenance Agreement with the Township and provide appropriate security. (S.A.L.D.O. Section 159-30D.(6)).
3. The Developer/Owner shall pay all
current fees, including any outstanding plans and appeals account charges. (S.A.L.D.O. Section 159-36J.).
4. 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 159-34B.).
5. 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 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 the Developer replace on the lot all of the trees removed for
the construction and to allow the Developer to provide and install fifty-two
(52) trees and fifteen (15) shrubs on Township property. Trees shall conform to Township Standards and
species shall be chosen by the Township from the approved Shade Tree List. (SALDO Section 159-17F.).
B. That the Board of Supervisors waive the
requirement that the dripline of all trees on the site be located and shown on
the plans and to allow the developer to only show the driplines of the trees
that are to remain. (SALDO Section 159-29C.(6)(b)).
Mr. Colon
further moved that the Township Secretary be authorized to notify the Developer
of the Board’s action.
Mr.
Salvesen seconded the motion.
It was
noted that the Developer agreed with and signed the conditions.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert
yes, Mr. Diacogiannis yes.
Mr. Colon
moved that the Board grant a 60-day extension to the Owner/Developer of 4140
Airport Road relative to the Improvements Agreement to September 30, 2006 and
that the Secretary notify the Developer/Owner of the Board’s action relative to
this matter.
Mr.
Salvesen seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert
yes, Mr. Diacogiannis yes.
COURTESY OF THE FLOOR
Mr. Paul Kuehne, Chairman of the Impact Fee Advisory Committee was present to thank the Board for approving the Land Use Assumption Report; and stated there are three more steps to take: 1.) Roadway Sufficiency Analysis 2.) Capital Improvements Plan and 3.) Transportation Impact Fee Ordinance.
Mr. Kuehne stated he would like to continue to work with
Hanover Engineering and come up with a timeline.
ROAD REPORTS
Mr. Walbert – Road District #1, Mr. Salvesen – Road District #2, Mr. Diacogiannis – Road District #3, Mr. Colon – Road District #4, and Mr. Nagle – Road District #5 & #6 had nothing to report.
ENGINEER’S REPORT
Mr. Schmalzer discussed the letter regarding City of Bethlehem Act 537 and the responses to the City. Mr. Schmalzer stated we have until Friday to respond to the City.
Mr. Diacogiannis directed the Engineer to respond on behalf of the Township.
Mr. Schmalzer stated that thanks to Mr. Finnigan’s efforts we now have curb and paved roadway on Jacksonville Road and without his enforcement, things wouldn’t have gotten done.
Mr. Diacogiannis agreed with Mr. Schmalzer and thanked Mr. Finnigan for getting the job done.
SOLICITOR’S REPORT
Mr. Broughal discussed the agreement of sale for 248 Brodhead Building and the sink holes that are on the property. Mr. Broughal recommends that we do not sign the closing until the sink holes are fixed; however there is an addendum to the agreement of sale. Mr. Broughal stated he needs the addendum to the agreement of sale and purchase agreement signed before August 11, 2006 or the agreement runs out.
Mr. Salvesen authorized the Township Manager and Secretary/Treasurer to sign the first amendment to the sale and purchase agreement conditioned upon the recommendation of the Township Manager and Township Solicitor.
Mr. Colon seconded the motion.
Mr. Finnigan stated he was there today and they have not cleaned out the building, so that needs to be included and taken care of.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
PUBLIC WORKS REPORT
Mr. Healy had nothing to report.
TOWNSHIP
MANAGER’S REPORT
Mr. Finnigan reported on the following:
·
The installation of the curbs and reconstruction
of Jacksonville Road was completed on August 3rd. Tulio landscaping has until August 18th
for the completion of 1232 linear feet of sidewalk (1232/150 per day=8.2 days,
gave 10 days) with the only construction vehicles allowed on Jacksonville Road
– concrete trucks.
·
Forwarded
a copy of the monthly financial reports for June & July 2006. Any questions, please feel free to ask.
·
Gave the
Board a copy of the Library Report for June.
·
Provided
the Board with a sketch of the Airport Commons project, Northgate Lot #3. They
plan on going before the Planning Commission on Monday night to give an
informal presentation.
·
Referred
to the last two meetings where we have received complaints from Township
residents relative to developments in Lower Nazareth that are having negative
effects on the quality of life for our residents and the Board directed me to
find out what Lower Nazareth’s plans were to allow for traffic to go east on
Hanoverville Road. In an email dated
July 31st, Timm Tenges, Lower Nazareth’s Manager responded, “We are currently evaluating the impacts from the proposed
warehouse. The mitigation, at least at
this point, to the issues stated by your residents is the completion of the
Jaindl Boulevard corridor. That was the
intent at the outset. Although we continue
to explore other options to the east such as the bridge replacement, there are
no definitive plans to date.”
·
We have been receiving complaints about trucks on Township
Road. In order to regulate them we
needed to have Hanover Engineering complete a study. I would need a motion to “Authorize the
Chairman and Township Manager to sign the “Restricting the Use of Highways by
Kinds and Classes of Vehicles” as prepared by Robert C. Mack of Hanover
Engineering Associates.
Mr. Walbert moved that
the Board approve to authorize the Chairman and Township
Manager to sign the “Restricting the Use of Highways by Kinds
and Classes of Vehicles” as prepared by Robert C. Mack of Hanover Engineering
Associates.
Mr. Nagle seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert
yes, Mr. Diacogiannis yes.
Mr. Finnigan
stated he would also need a motion authorizing the solicitor to prepare the
appropriate ordinance for the enforcement of the Restricting the Use of
Highways by Kinds and Classes of Vehicles.
Mr.
Walbert moved that the Board approve to authorize the Township Solicitor to
prepare the appropriate ordinance for the enforcement of the Restricting the
Use of Highways by Kinds and Classes of Vehicles.
Mr.
Nagle seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert
yes, Mr. Diacogiannis yes.
Mr. Finnigan distributed
the proposed changes to the AFHBD – Aircraft Flightpath Highway Business
District and would need the chair to authorize the Solicitor to prepare the
amendment and to advertise a Public Hearing to adopt same.
Mr.
Diacogiannis directed the Township Solicitor to prepare the amendment and to
advertise a public hearing.
Upon
motion of Mr. Walbert, seconded by Mr. Nagle, the Board approved adjournment at
8:20 P.M.
Mr. Colon yes, Mr. Salvesen yes,
Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Stacy
C. Milo
Secretary/Treasurer