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, 18107 at 7:30 P.M.

 

            Present were Supervisors Colon, Salvesen and Walbert, Engineer Birdsall, Solicitor Broughal, Public Works Director Healy and Township Manager Finnigan.

 

            The Pledge of Allegiance was performed.

 

            Upon motion of Mr. Salvesen, seconded by Mr. Colon, the Board approved the Agenda.

Mr. Colon aye, Mr. Salvesen aye, Mr. Walbert aye, Mr. Diacogiannis aye.

 

            Upon motion of Mr. Salvesen, seconded by Mr. Colon, the Board approved the minutes, as written, from the meeting of the Board of Supervisors dated December 11, 2007.

Mr. Colon aye, Mr. Salvesen aye, Mr. Walbert aye, Mr. Diacogiannis aye.

 

            Upon motion of Mr. Salvesen, seconded by Mr. Colon, the Board approved the List of Bills and Transfers dated December 18, 2007 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 aye, Mr. Salvesen aye, Mr. Walbert aye, Mr. Diacogiannis aye.

 

COURTESY OF THE FLOOR

            It was noted that no one wished to offer any comment.

 

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. Salvesen commended the Road Crew on a tremendous job they did with the roads and the ice.

 

PLANNING & ZONING

            Mr. Walbert introduced the Public Hearing for Triumph Hospital Acute Care Facility, Lehigh Valley Corporate Center Lots 5 and 6.

            Mr. Walbert closed the regular meeting and opened the Public Hearing. It is noted for the record that the hearing has been duly advertised and the Secretary has proof of publication. A Court Stenographer was present to record all testimony. After everyone who wished to speak, had spoken, the Public Hearing was closed and the regular meeting was re-opened.

 

           

            Mr. Broughal referenced Mr. Birdsall’s letter in regards to the Conditional Use Application conditions and asked if the Board could move on with their Agenda while the Petitioner reviews the conditions letter and come back later in this meeting for the Board’s vote.

            Mr. Walbert stated that is fine.

 

            Mr. Walbert introduced the Public Hearing for Amendments to Zoning Ordinance relating to Signs.

            Mr. Walbert closed the regular meeting and opened the Public Hearing. It was noted for the record that the hearing has been duly advertised and the Secretary has proof of publication. A Court Stenographer was present to record all testimony. After everyone who wished to speak, had spoken, the public hearing was closed and the regular meeting was re-opened.

            It was noted that the Public Hearing is continued to January 22, 2008 Board meeting.

 

            Mr. Walbert introduced the Conditional Use Application for the Fitness Center (Third Floor) at 77 South Commerce Way (LVIP IV, Lot 32) and a waiver request that pertains to the Conditional Use.

            Mr. Walbert moved that the Board waive the requirement that eight (8) off-street loading spaces are required and to allow the four (4) spaces as shown on the Conditional Use Plan for St. Luke’s Hospital and Health Network Fitness Center at 77 South Commerce Way, dated as last revised November 12, 2007.

            Mr. Salvesen seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Walbert aye, Mr. Diacogiannis aye.

 

            Mr. Walbert moved that the Board approve the St. Luke’s Hospital and Health Network Fitness Center at 77 South Commerce Way (LVIP IV, Lot 32) Conditional Use Application without any conditions. Mr. Walbert further moved to notify the Developer of the Board’s action relative to this matter.

            Mr. Salvesen seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Walbert aye, Mr. Diacogiannis aye.

 

It was noted that Mr. Paul Szewczak from Liberty Engineering, Mr. Todd Keithley from Triumph Healthcare and Attorney Joseph Fitzpatrick were present representing Triumph Hospital Acute Care Facility.

Mr. Walbert moved that the Board approve the Conditional Use Application for Triumph Hospital Acute Care Facility Lehigh Valley Corporate Center II Lots 5 and 6 with the following conditions:

 

 1.        Revise and submit to the Township Engineer a Conditional Use Plan that contains all of the data required by the “General Instructions for a Conditional Use Plan”, i.e.

 

            b(1)      Lot boundary dimensions.

            b(4)      Locations, dimensions and proposed use of structures and distance from

                        buildings to lot lines.

            b(5)      Dimensions of all yards in relation to the proposed structure or use.

 

2.                  The Conditional Use Plan shall conform to the Overall Site Land Development Plan.

 

3.                  Provide written approval of the oxygen storage facility from the Fire Marshall.

 

4.                  The use must be subject to Real Estate Tax pursuant to “53 P.S. §68205(a), et seq”.

 

5.                  The Owner shall provide an Agreement, satisfactory to the Township, for contract EMS nonemergency services.  This contract shall be kept “in force” on a continuous basis and the Owner shall provide copies of the contract to the Township.  Any changes to the contract or renewals or extension of the contract shall be submitted to the Township for approval.  If any contract amendment or renewal is found to be unsatisfactory to the Township, the Owner shall provide revisions and/or amendments as may be required by the Township within thirty (30) days of such notice by the Township of the deficiency.

 

6.                  The Owner shall provide information with regard to sewage service needs for hydraulic loading, organic loading, and/or loading constituents consisting of any hazardous or toxic materials and/or industrial waste parameters identified by Township Ordinances and/or City of Bethlehem Ordinances and regulations.  The Conditional Use shall be conditioned upon the Township and the City of Bethlehem finding that loading criteria to be reasonable and representative and within the permitting requirements and limitations of the Township and/or the City of Bethlehem.

 

7.         The Owner shall continuously comply with Township and/or City of Bethlehem sanitary sewer rates, rules, and regulations and industrial waste regulations for utilization of the public sanitary sewer system.

 

8.         The Owner shall further agree to test their sanitary sewage for all parameters described in Township and City Regulations at a frequency of one (1) test every 24 months.  The Owner may select and hire the laboratory service to undertake this test subject to the lab being EPA certified and acceptable to the Township.  The date and time of the test shall be random and be selected by the Township with test results provided to the City, the Township, and the Owner.

Mr. Salvesen seconded the motion.

            Mr. Salvesen stated that it is not the Board’s or the Township’s responsibility to judge “market”-ability; rather the Board must look at the project and it’s fit into our Comprehensive Plan.

            Mr. Finnigan gave the following 2 recommendations; under Item #5, to change the first sentence to include after “services”; and non-volunteer organizations and under Item #8, to change the test frequency from 24 months to 12 months.

            Mr. Birdsall stated that the 24 months was arbitrary, 12 months is a little safer and he has no problem with changing the test frequency to 12 months.

            Mr. Walbert moved to accept the changes by the Township Manager.

            Mr. Salvesen seconded the motion to accept the changes.

            Mr. Fitzpatrick addressed Mr. Finnigan’s changes and then agreed with the conditions.

            The Board voted on the amendment to the original motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Walbert aye, Mr. Diacogiannis aye.

            The Board voted on the original motion as amended.

Mr. Colon aye, Mr. Salvesen aye, Mr. Walbert aye, Mr. Diacogiannis aye.

 

 

 

 

DEVELOPMENTS

            Mr. Colon moved that the Board, as recommended by the Township Engineer, approve to adopt the terms and conditions relative to the Preliminary/Record Plan for Triumph Hospital Acute Care Facility Lehigh Valley Corporate Center II Lots 5 and 6, prepared and provided to 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.  (SALDO 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.).

 

C.                 The Improvements Agreement and security for it shall be broken up into two (2) phases to agree with the Construction Plans.  The Agreement shall contain a statement that when a building permit is applied for the construction of Phase 2, security shall be provided with the Township in the amount specified in the estimate in a fashion acceptable to the Township Solicitor.

 

2.         The Developer/Owner shall enter into a Maintenance Agreement with the Township and provide appropriate security.  (SALDO Section 159-30D.(6).).

 

3.         The Developer/Owner shall comply with all of the conditions imposed by the Board of Supervisors on the Conditional Use of this lot.

 

4.         The Developer/Owner shall provide a Tapping Fee, Connection Fee and a Customer Facilities Fee in accordance with an allocation that is satisfactory to the Township Engineer and the City of Bethlehem.  (Tapping and Connection Fee Ordinance 05-06).

 

 

5.         The Developer/Owner shall provide an Impact Fee of $34,942.77 for 12.12 acres of land (12.12 acre/64.4 acre X $134,181.36) + 30 trips exceeding the Traffic Impact Fee Report for LVCC II (30 Trips x $323.00/Trip).  (Impact Fee Ordinance 91-12, Resolution 97-11).

 

6.         The Developer/Owner shall pay all current fees, including any outstanding plans and appeals account charges.  (SALDO Section 159-36J.).

 

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.  (SALDO Section 159-34B.).

 

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 four hundred (400) off-street parking spaces be provided and to allow two hundred eighty-five (285) off-street parking spaces as shown on the plans with the condition that the Zoning Officer can require the additional one hundred and fifteen (115) spaces.  (Zoning Ordinance Section 185-17C).

 

B.         That the Board of Supervisors waive the requirement that six (6) off-street loading spaces are required and to allow the two (2) spaces shown on the plan.  (Zoning Ordinance 185-18C.)

 

C.        That the Board of Supervisors waive the requirement that a Noise Study be provided.  (SALDO Section 159-25).

 

            Mr. Salvesen seconded the motion.

            It was noted that the Developer agreed with and signed the conditions.

Mr. Colon aye, Mr. Salvesen aye, Mr. Walbert aye, Mr. Diacogiannis aye.

 

Mr. Colon moved that the Board, as recommended by the Township Engineer, accept the improvements for LVCC II Lots 7 and 8 and approve the start of the eighteen (18) month Maintenance Period on December 31, 2007, upon the following conditions:

 

1.         That the Developer provides an “amendment” to the Maintenance Security (Bond No. 929400816), that reduces the amount of security to $31,480.50 for the Maintenance Period, prior to December 31, 2007; and

 

2.         That the Developer adheres to Township Policy 25 (Payment of Plans and Appeals Accounts).

Mr. Colon further moved to notify the Developer of the Board’s action relative to this matter.

            Mr. Salvesen seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Walbert aye, Mr. Diacogiannis aye.

 

 

 

 

Mr. Colon moved that the Board, as recommended by the Township Engineer, reject the improvements to Hindu Temple Building Expansion Land Development Plan as incomplete and to notify the Developer that the improvements are rejected as incomplete and that the maintenance period will not start until all improvements are complete. 

I further move to grant the Developer a release for Escrow Release Number 2 in the amount of $30,000.00 upon the following conditions:

1.                  That the Developer requests an extension to the Improvements Agreement to June 15, 2008;

 

2.                  That the Developer provides acknowledgement by Susquehanna Patriot Bank that the security provided as required by the Subdivision Improvements Agreement, will remain at a minimum of $30,000.00, for the work remaining, plus contingencies;

 

3.                  That the Developer confirms that the Letter of Credit will remain in effect until July 31, 2008 at a minimum; and

 

4.                  That the Developer adheres to Township Policy No. 25 (payment of Plans and Appeals Accounts).

Mr. Colon further moved to notify the Developer of the Board’s action relative to this matter.

            Mr. Salvesen seconded the motion.

            Mr. Birdsall stated the Developer can easily complete the improvements by June 15, 2008.

Mr. Colon aye, Mr. Salvesen aye, Mr. Walbert aye, Mr. Diacogiannis aye.

 

Mr. Colon moved that the Board approve to grant Adler Place, LP, for 3910 Adler Place Site Plan Improvements, an extension of thirty (30) to January 31, 2008.

Mr. Salvesen seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Walbert aye, Mr. Diacogiannis aye.

 

It was noted that Mr. J. B. Reilly, of Traditions of America PA, was present to address the Board regarding the releasing of Certificate of Occupancies and their agreement with the Township.

Mr. Birdsall discussed a letter to J.B. Reilly dated December 17, 2008, referred to the plot plan, referenced Lots 203 and 204 of the development and discussed the agreement.

A discussion was held regarding the Jaindl Agreement and the Traditions of America Agreement.

Broughal recommended that the Board approve the occupancy permits for the two lots conditioned upon Hold Harmless and Indemnification Agreements being signed and to put this  on the last meeting in January.  And, in the meantime, this gives Mr. Birdsall and himself time to go over the agreement and amend it accordingly.

Mr. Salvesen moved that the Board approve to grant the Developer of Traditions of America Occupancy Permits for Lots 203 and 204 conditioned upon Hold Harmless and Indemnification Agreements being signed and any other necessary agreements the Solicitor feels are necessary.

Mr. Colon seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Walbert aye, Mr. Diacogiannis aye.

 

 

ADMINISTRATION

            Mr. Salvesen moved that the Board approve to authorize the secretary to advertise that the Board of Supervisors will hold their annual re-organization meeting on Monday January 7, 2008. This was previously approved for January 2, 2008 at their meeting on October 23, 2007.

            Mr. Colon seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Walbert aye, Mr. Diacogiannis aye.

 

            Mr. Salvesen moved that the Board approve the following 2007 Budget Amendments to General Fund and Recreation Fund as prepared by the Secretary/Treasurer:

 

GENERAL FUND EXPENDITURES
Account Number	Name	Budget 2007	Expeditures as of 12/03/07	REVISED BUDGET AMOUNT	AMOUNT OF CHANGE
400.1100	Salary of Elected Officials	12,500.00	11,458.15
400.2100	Office Supplies	4,500.00	7,893.93	8,600.00	4,100.00
400.2500	Contract Service Fees	13,000.00	22,028.47	24,000.00	11,000.00
400.2600	Office Equipment	4,449.00	4,166.45	5,300.00	851.00
400.2610	Web Site Maintenance	1,600.00	1,659.00	1,659.00	59.00
400.2650	Computer Maintenance	4,800.00	2,364.00
400.3200	Communication	7,600.00	8,871.61	10,000.00	2,400.00
400.3210	Postage	5,800.00	4,630.51
400.3220	Newsletters	32,312.00