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. Paul Drissel for Engineer Birdsall, Attorney Wendy Nicolosi for Solicitor Broughal, Public Works Director Kevin Healy, and Township Manager John J. Finnigan, Jr.

 

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

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

 

            Upon motion of Mr. Nagle, seconded by Mr. Salvesen, the Board approved the minutes, as written, from the meeting of the Board of Supervisors dated February 12, 2008.

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

 

            Upon motion of Mr. Salvesen, seconded by Mr. Nagle, the Board approved the List of Bills and Transfers dated February 26, 2008 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. Nagle 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 introduced two issues in regards to the Colonial Regional Police and the following motions were made.

           

Mr. Salvesen moved that the Board approve to authorize the Chairman to execute the Lease Agreement with the Colonial Regional Police Commission for 248 Brodhead Road facility, as amended, subject to the approval of the Solicitor, with an effective date of March 15, 2008.

            Mr. Colon seconded the motion. 

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

 

 

 

 

 

 

            Mr. Salvesen moved that the Board authorize the Hanover Township representative, or alternate, to approve the lease for the 248 Brodhead Road facility, for use as the headquarters of the Colonial Regional Police Department, at a Colonial Regional Police Commission Meeting on February 29, 2008.

            Mr. Nagle seconded the motion.

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

 

SUPERVISOR’S COMMENTS

            It was noted that no one had any comments.

 

PLANNING & ZONING

            Mr. Walbert introduced the Sign presentation for 6000 Sterner’s Way – Hanover Corporate Center II Lot 3 – CVS/Turkey Hill.

            Mr. Eric J. Schock of Fitzpatrick, Lentz and Bubba, P.C. was present representing the applicant. Mr. Schock presented depictions of signage at CVS/Turkey Hill at Hanover Corporate Center II, Lot 3 and noted that they have continued their sign application, in respect to the free-standing signs to the Zoning Hearing Board until March.

 

PUBLIC WORKS

            Mr. Salvesen introduced the Public Hearing for Vacation of Portion of Hanoverville Road.

            Mr. Salvesen 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. Salvesen moved that the Board approve the following Ordinance for the vacation of a portion of Hanoverville Road (T-437) and that the Chairman and Secretary be authorized to sign the Ordinance.

ORDINANCE NO. 08 - 04

 

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF HANOVER, COUNTY OF NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA VACATING A PORTION OF

HANOVERVILLE ROAD (T-437)

 

            Mr. Nagle seconded the motion.

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

 

ADMINISTRATION

            Mr. Nagle moved that the Board approve the following Resolution to approve the Proposal, for the municipalities of Bethlehem Township, Hanover Township – Northampton County, Lower Saucon Township, Hellertown Borough and Freemansburg Borough comprise the five (5) priority municipalities contiguous to the City of Bethlehem, Northampton County, that has been submitted to the County Gambling Impacts Committee for their consideration and urges its adoption by Northampton County Council and that the Chairman and Secretary be authorized to sign the Resolution.

 

RESOLUTION NO. 08 - 06

 

WHEREAS, the Sands Bethworks Gaming LLC (the “Casino”), having received a Category 2 License from the Pennsylvania State Gaming Control Board to operate slots gambling machines, will open in the City of Bethlehem, Northampton County (the “Host City”) in 2009, and

 

WHEREAS, under the Act 71 of 2005, as amended by Act 135 of 2006, beginning in 2009, Northampton County, as the host county in which the Casino is located (the “Host County”), will receive a 1.2% share of the gross terminal revenues (the “GTR Funds”) collected by the Commonwealth from the Casino; and

 

WHEREAS, under the Act 71, as amended, 50% of the Host County GTR Funds are to be designated for the purpose of making municipal grants (the “Grant Funds”) within the Host County, with priority given to municipalities contiguous to the Host City; and   

 

WHEREAS, the municipalities of Bethlehem Township, Hanover Township, Lower Saucon Township, Hellertown Borough and Freemansburg Borough comprise the five (5) priority municipalities contiguous to the Host City (the “Priority Municipalities”); and

 

WHEREAS, the Priority Municipalities, due to their proximity to the Host City, anticipate that they will experience higher impacts in crime, traffic, municipal infrastructure, and emergency services as a result of the traffic traveling to and from the Casino on local and state roads in these Priority Municipalities; and

 

WHEREAS, the Priority Municipalities have formulated a proposal (the “Proposal”) which recommends that the Host County distribute the Grant Funds as follows: 60% of the Grant Funds reserved for distribution to the Priority Municipalities, with each of the Priority Municipalities receiving a 20% share of the 60% of the Grant Funds; 20% of the Grant Funds for Casino Impacts Mitigation Grants available to all municipalities in the Host County; and 20% of the Grant Funds for Casino Impacts Mitigation Grants to all municipalities in the Host County excluding the Priority Municipalities; and

 

WHEREAS, the Board of Supervisors of Hanover Township, Northampton County, Pennsylvania in conformance with the Act 71, as amended, intends on utilizing these Grant Funds toward the costs of human services, infrastructure improvements, facilities, emergency services, and any health and safety expenses in Hanover Township, Northampton County, Pennsylvania that are associated with the operation of the Casino; and

 

NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Hanover Township, Northampton County, Pennsylvania hereby approves the Proposal for the Priority Municipalities that has been submitted to the County Gambling Impacts Committee for their consideration and urges its adoption by Northampton County Council.

 

            Mr. Colon seconded the motion.

            Mr. Diacogiannis asked for a synopsis of the intent of this Ordinance for those in the audience.

            Mr. Finnigan gave a summary of this Ordinance. The ordinance has already been adopted by Lower Saucon, Hellertown Borough and Freemansburg Borough.

            Mr. Salvesen asked if Bethlehem Township will be adopting this.

            Mr. Finnigan stated Bethlehem Township’s meeting is next week.

            Ms. Ann Terres from the Northampton County Gambling Study Impact Committee was present to thank the Board for participating. Ms. Terres also discussed grants.

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

 

Mr. Nagle moved that the Board approve the following Resolution to authorize the preparation and submission of a Declaration of Taking and related documentation for the condemnation of land for expansion of Township recreation facilities and that the Chairman and Secretary be authorized to sign the Resolution.

 

RESOLUTION NO. 08 - 07

 

RESOLUTION OF HANOVER TOWNSHIP, NORTHAMPTON

COUNTY, PENNSYLVANIA AUTHORIZING PREPARATION

AND SUBMISSION OF A DECLARATION OF TAKING AND

RELATED DOCUMENTATION FOR THE CONDEMNATION OF

LAND FOR EXPANSION OF TOWNSHIP RECREATION FACILITIES

 

            WHEREAS, Hanover Township, Northampton County, Pennsylvania (“TOWNSHIP”) is undertaking certain real estate acquisition activities necessary to expand the Township recreation facilities (“Project”); and

            WHEREAS, in order to provide for the acquisition of the necessary real estate for the Project, it has been necessary for the TOWNSHIP to effect the condemnation of a certain parcel, known as 4035 Airport Road which is more particularly described in Exhibit “A”, attached hereto.   

NOW, THEREFORE, be it resolved and it is resolved by the TOWNSHIP as follows:          

                        1.         That the Solicitor is hereby authorized and directed to prepare, and the proper officers to execute, a Declaration of Taking, and notice of condemnation in accordance with the provisions of the Pennsylvania Eminent Domain Code of 1964 as amended.

                        2.         That the Solicitor is hereby authorized and directed to file the Declaration of Taking in the Office of the Prothonotary of Northampton County.

                        3.         That the Solicitor is hereby authorized and directed to record the Notice of Filing of Declaration of Taking in the Office of the Recorder of Deeds of Northampton County.

                        4.         That the TOWNSHIP, acting by its Solicitor, is hereby authorized and directed to pay, or to offer to pay, within sixty (60) days from the filing of the herein above-mentioned Declaration of Taking, just compensation to condemnee as provided in Section 407 of the Eminent Domain Code.

                        5.         That the Solicitor is hereby authorized and directed to send the notice required by Section 405 of the Eminent Domain Code to the record owners of property in the condemnation area by certified mail or by publication, if necessary.

                        6.         That this Resolution shall take effect immediately.

          Mr. Walbert seconded the motion.

 

 

            Mr. Diacogiannis asked for clarification.

            Mr. Finnigan discussed and explained the intent of the resolution and described the purpose of condemning 4035 Airport Road.

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

 

            Mr. Nagle moved that the Board approve to purchase 4035 Airport Road, with the acquisition and demolition costs not to exceed $150,000, and that the Chairman and Secretary be authorized to sign any necessary documents.

            Mr. Walbert seconded the motion.

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

 

            Mr. Nagle moved that the Board approve to authorize the Chairman and Secretary to execute the purchase of sale agreement, including the addendums, for 4035 Airport Road.

            Mr. Colon seconded the motion.

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

 

            A discussion was held on the five requests the Township has received in regards to exemption from the residential waste and recycling bill.

            Mr. Nagle moved that the Board deny the exemption requests based on the current Township ordinances.

            Mr. Walbert seconded the motion.

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

 

DEVELOPMENTS

            Mr. Colon noted for the record that the Developer of Dewire Lot 14 (Jacksonville Road, LP) has granted the Board an extension of ninety (90) days from March 8, 2008 to June 6, 2008.

 

            Mr. Colon noted for the record that the Developer of Hanover Corporate Center 2 Lot 3 CVS/Turkey Hill for the Preliminary/Record Plan has granted the Board an extension of sixty (60) days to April 22, 2008.

 

            Mr. Colon noted for the record that the Developer of Hanover Corporate Center 2 Lot 3 CVS/Turkey Hill for the Lot Consolidation Plan has granted the Board an extension of sixty (60) days to April 22, 2008.

 

            Mr. Colon noted for the record that the Developer of 110 North Commerce Way has granted the Board an extension of ninety (90) days from March 2, 2008 to May 31, 2008.

 

            Mr. Colon noted for the record that the Developer, TOA PA VIII, LP, of Traditions of America at Bridle Path for the Minor Subdivision plan has granted the Board an extension from February 27, 2008 to April 28, 2008.

 

Mr. Colon noted for the record that the Developer, TOA PA VIII, LP, of Traditions of America at Bridle Path for the Land Development plan has granted the Board an extension from February 27, 2008 to April 28, 2008.

 

 

 

Mr. Colon moved that the Board, as recommended by the Township Engineer, approve to grant the Developer of Traditions of America at Hanover Corporate Center 2 the requested release for Escrow Release Number 2 in the amount of $949,074.33 conditioned upon the following:

1.         That the Developer addresses the Northampton County Conservation District reports dated January 29, 2008 listing Erosion and Sedimentation violations for Traditions of America at Hanover Corporate Center 2 work prior to any release of Security;

 

2.         That the Developer acknowledges that the security provided by Wachovia Bank, NA as required by the Subdivision Improvements Agreement, will remain at a minimum of $3,741,126.67, for the work remaining, plus contingencies; and

 

3.         That the Developer adheres to Township Policy Number 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. Nagle seconded the motion.

Mr. Diacogiannis questioned the status of the Developer addressing the issues under Item #1.

Mr. Drissel explained how they will proceed to communicate with the Developer and will communicate the status to the Secretary/Treasurer when the Developer has proceeded.

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

 

            Mr. Colon moved that the Board, as recommended by the Township Engineer, approve to grant the Developer of Davis Subdivision 4 Lot R1-S Subdivision the calculated release for Escrow Release Number 5 in the amount of $4,297.00 conditioned upon the following:

 

1.         That the Developer acknowledges that the security provided by First Tennessee Bank, as required by the Subdivision Improvements Agreement, will remain at a minimum of $59,047.40, for the work remaining, plus contingencies;

 

2.         That the Developer requests an amendment to the Letter of Credit to provide an expiration date to one (1) month past the improvements deadline or November 5, 2008; and

           

3.         That the Developer adheres to Township Policy Number 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. Nagle seconded the motion.

            Ms. Nicolosi asked if the Plans and Appeals account is current.

            The Secretary/Treasurer confirmed the account is current.

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

 

COURTESY OF THE FLOOR

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

 

 

 

ROAD REPORTS

            Mr. Nagle – Road District #1 and #5, Mr. Walbert – Road District #2, Mr. Salvesen – Road District #3, Mr. Colon – Road District #4, and Mr. Diacogiannis – Road District #6 had nothing to report.

 

ENGINEER’S REPORT

            Mr. Drissel stated that Hanover Engineering is having a meeting Friday afternoon to discuss the punch list items for Hanover Pointe.

 

SOLICITOR’S REPORT

            Attorney Nicolosi had nothing to report.

 

PUBLIC WORKS REPORT

            Mr. Healy had nothing to report.

 

MANAGER’S REPORT

            Mr. Finnigan distributed the following reports to the Board for their review:

·        Colonial Regional Police monthly report

·        Fire Company’s monthly report

·        Bethlehem Area School District’s annual report

 

Upon motion of Mr. Nagle, seconded by Mr. Walbert, the Board approved adjournment at 8:23 P.M.

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

 

 

 

 

                                                                                                                        Stacy C. Milo

                                                                                                                        Secretary/Treasurer