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 Walbert, Colon, Salvesen and Nagle, Engineer Birdsall, Solicitor Broughal, Manager Finnigan and Public Works Director Healy.
The Pledge of Allegiance was performed.
Upon motion of Mr. Salvesen, seconded by Mr. Walbert, the Board unanimously approved the Agenda.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr. Salvesen yes, Mr. Walbert yes.
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 20, 2005.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr. Salvesen yes, Mr. Walbert yes.
Upon motion of Mr. Salvesen, seconded by Mr. Colon, the Board approved the List of Bills and Transfers dated January 10, 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. Salvesen 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 stated he and Mr. Walbert had a staff meeting with Mr. Finnigan and Secretary/Treasurer Milo to discuss Agenda items.
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
Mr. Walbert noted the first item is a conditional use application for 310 Stoke Park Road to allow a salon at that location.
Mr. Walbert moved that the Board approve to set February 14, 2006 the date for a conditional use hearing for 310 Stoke Park Road, the Markward Group.
Mr. Salvesen seconded the motion.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr. Salvesen yes, Mr. Walbert yes.
Mr. Walbert noted that the next item is an amendment to the construction standards to update the construction standards to include new paving materials as specified by PennDot.
Mr. Walbert moved to set February 14, 2006 as the date to hold the public meeting on the amendments to the construction standards and to authorize the Solicitor to advertise the public hearing.
Mr. Salvesen seconded the motion.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr. Salvesen yes, Mr. Walbert yes.
PUBLIC WORKS
Mr. Salvesen moved that the Board authorize the Township Manager to advertise for bids to refurbish the baby pool.
Mr. Finnigan stated that last year when we refurbished the large pool we found that the baby pool is in desperate need of refurbishing. The Recreation Advisory Board recommended in the past to make that a zero depth entrance pool with some water features in it. Due to the fact of budgetary constraints, we took a look at it and discussed it and informed a couple of the Recreation Advisory Board members in a meeting last week that we are just going to be able to re-plaster it and put a cover on it similar to the big pool. We have prepared some bid documents to put it out for bid. There is money budgeted for it but I don’t expect it to come anywhere near the budgeted amount of roughly $60,000. It will probably be about half that.
Mr. Colon seconded the motion.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr. Salvesen yes, Mr. Walbert yes.
ADMINISTRATION
Mr. Nagle moved that the Board approve to authorize the Secretary/Treasurer to make final payment/release of liquidated damages to A.J. Trunzo in regards to the Jacksonville Road Curb and Sidewalk project.
Mr. Finnigan stated that based on the bid contract there was liquidated damages of $250.00 per day for a completion of the contract beyond the completion date outlined in the original contract. Hanover Engineering prepared a document which we will use for payment taking out the liquidated damages of $3875.00. There seemed to be a disagreement as to when the actual start date was and in discussing this with Hanover Engineering, we agreed to take away five of the liquidated damage days.
Steve Trunzo from A.J. Trunzo was present to discuss the liquidated damage items listed in his letter to the Board of Supervisors dated January 6, 2006.
Mr. Birdsall stated that generally we are happy with their work and tried to be fair.
Mr. Walbert wanted to know what was not completed in time.
Mr. Trunzo stated it was the paving.
Mr. Diacogiannis asked Mr. Finnigan if there were any warnings to Mr. Trunzo.
Mr. Finnigan stated he’s not sure if there were any warnings, but when he discussed the situation with Mr. Trunzo, he did state to Mr. Trunzo that the standard contract does have a liquidated damage clause in it and Mr. Trunzo should have been cognizant of it. Mr. Trunzo brought up topography and making sure the residents had access to their homes. When the bid was bid, I assumed those issues would have been figured into the time frame. We did make an exception to this contract; the Township policy is to pay according to the agreed upon terms and we issued a partial payment early because of the satisfaction we had at that point.
Mr. Diacogiannis asked about the issue on waiting to complete the asphalt.
Mr. Finnigan stated there were two jobs and they were not related. One was the Township that was bid work that was following our contract and specifications and the other was Dewire. One was a responsibility to the township and one was a responsibility to an individual.
Mr. Finnigan stated the choice to pay is the Board’s. I know in the past the Township has enforced the contract. In this situation I personally wouldn’t have a recommendation because I know Mr. Trunzo personally and in my opinion it would be a conflict of interest for me to make a recommendation.
Mr. Colon seconded the motion.
Mr. Walbert stated he agrees with the motion. It is clear that the contract was not met 100% but it is clear that there was value to the Township to have both jobs completed together and not having a missing link until Dewire would have it done. The amount of work that was not completed did not present a burden to us, I would agree with the motion.
Mr. Colon stated he agrees.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr. Salvesen no, Mr. Walbert yes.
The motion passed by a 4-1 vote.
Mr. Nagle noted for the record that the Annual PSATS Convention in Hershey will be held April 23-26 and those interested in attending should advise the Secretary/Treasurer by 1pm tomorrow.
Mr. Diacogiannis stated that we do have a Board meeting during that time so those attending the conference should be back Tuesday evening.
Mr. Nagle moved that the Board remove Linda J. Sterner as the authorized contact for the Township’s corporate credit card account with MBNA and assign Stacy C. Milo the designation of authorized contact. Mr. Nagle further moved that MBNA be notified of the Board’s action relative to this matter.
Mr. Colon seconded the motion.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr. Salvesen yes, Mr. Walbert yes.
A discussion was held regarding Mr. Colon’s request for payment from past PSATS conventions on expenses from 2000, 2001 and 2003.
Mr. Colon stated 2001 should be omitted. The request is for 2000 and 2003. The response I received stated that everything needs to be paid within 30 days. Mr. Colon stated he did submit this previously and it was misplaced around the time of building renovations, which I can understand.
It would have still been late, but I wanted to let you know that.
A discussion was held on some of the items being submitted.
Mr. Salvesen stated instead of hashing this out, we have 30 day rule. I think if the Board wants to honor the request we can figure out the total. I think four years is begging the issue a little bit and I would be more empathetic if it were 45 days. That is why I voted no on the Trunzo matter, because we have policies and procedures in place and if we keep on violating policies and procedures, why make them.
Mr. Diacogiannis stated it’s just as important to receive the opinion of the Township Auditor regarding payment for prior year expenses.
Mr. Finnigan stated he spoke to him yesterday. His opinion is there is a township policy that should be followed, but if the Board wants to be nice and pay it, and this was something he pulled while doing his audit, this is something that would be noted as an exception in the audit.
Mr. Finnigan stated he reworked the packet by appropriate year, requested a receipt from Hotel Hershey from 2000 and researched in our minutes what the appropriate mileage rate was. In 2003 it was 36 cents, 2001 was 32.5 cents and 2000 was 31 cents per mile. The total mileage was 164 miles.
Mr. Nagle moved that the Board approve the payment for expenses with the provision that the final numbers be submitted before payment.
Mr. Walbert seconded the motion.
Mr. Broughal stated that the board is going to need a letter from the Board of Auditors and the Township Auditor, Todd Bushta, CPA indicating the payment is valid and you can make the payment without being afraid of a surcharge.
Mr. Nagle amended the motion to be subject to include a letter from the Board of Auditors and the Township Auditor approving that payment is valid.
Mr. Diacogiannis asked the Secretary/Treasurer if she was able to transcribe the motion.
Mr. Broughal stated the motion should read as follows:
“To approve payment of the convention expenses for the years 2000, 2001 and 2003 for Frank Colon conditioned upon approval from the Board of Auditors and the Township Auditor and verification of the exact amount of expenses.”
Mr. Walbert seconded the amendment.
Mr. Diacogiannis no, Mr. Colon yes, Mr. Nagle no, Mr. Salvesen no, Mr. Walbert no.
DEVELOPMENTS
Mr. Colon noted for the record the Developer of Hanover Corporate Center II Jaindl Land Company has granted the board an extension of 28 days to February 28, 2006.
Mr. Finnigan noted for the record that the extension granted by Attorney Zator violates our policy where we require a 60 day extension. Attorney Zator was adamant that it be 28 days.
Mr. Walbert asked if Attorney Zator indicated that they intend to come before this Board in that time frame.
Mr. Finnigan stated the Township staff and the previous Chairman let Jaindl Land Co. and Attorney Zator know that because of the complexity of this situation we were not going to grant conditional approval based on all the open items, which is PennDOT approval, the completion of the amended improvements agreement, the Lower Nazareth intermunicipal agreement between Jaindl, Hanover Township and Lower Nazareth and other items that still need to be addressed. I believe Jaindl thinks he will get conditional approval with a list of conditions; however staff and outside professionals do not think that is the best way to go based on the magnitude of the open items.
Mr. Birdsall stated they are close to meeting all the items.
Mr. Colon moved that the Board, as recommended by the Township Engineer in his letter dated January 9, 2006, take the following actions with respect to the Bennigan’s Restaurant Land Development Plan:
1) The Township rejects the Owner’s request to end the maintenance period on the improvements;
2) The Township notifies the Owner/Developer that the Maintenance Agreement remains in force and that regular maintenance of the grease trap is required;
3) The Township requests that the Owner/Developer provide written verification that the maintenance security will be amended with an expiration date no sooner than June 27, 2006, prior to February 9, 2006;
4) The Township authorizes the Township Solicitor to take appropriate action should the Owner/Developer fail to provide acknowledgment of security by February 9, 2006; and
5) The Developer adheres to Township Policy #25 (payment of Plans and Appeals accounts).
Mr. Colon also moved that the Developer be notified of the Board’s action relative to this matter.
Mr. Salvesen seconded the motion.
Mr. Salvesen stated this gets to be a very expensive operation if they’re not doing proper maintenance on the grease problem. I would hope that there would be something more than sending them a letter saying they have to adhere to certain standards. We want to send them a letter but have some way of verifying a procedure that we approve and they have in place or making sure the oil, fat and grease do not congeal. We never put a policy in place that we can verify. We have an ordinance in place and hopefully the fines are potent. It’s a matter of giving them a plan of action that we deem will work and that is at least user-friendly and will not bankrupt Bennigan’s, which will not happen. I think it’s just a maintenance procedure that they have to do this every so often.
Mr. Diacogiannis stated he believes it is an employee issue.
Mr. Salvesen stated we should have Hanover Engineering design a system.
Mr. Diacogiannis directed the Engineer to look into a system.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr. Salvesen yes, Mr. Walbert yes.
TOWNSHIP MANAGER’S REPORT
Mr. Finnigan reported that we should be able to go out for bid this week or early next week for the Jacksonville Road, Macada Road intersection.
Mr. Finnigan reminded the Board on the Feb 21st N.I.M.S. training 9 am – 1 pm at the Community Center. Lower Nazareth and East Allen will be training with us. The Fire Company is having one on the evening of the 20th.
COURTESY OF THE FLOOR
It was noted no one wished to offer any comment.
PUBLIC WORKS REPORT
Mr. Healy reported that they are finally picking up the leaves in the parks.
SOLICITOR’S REPORT
Mr. Broughal had nothing to report.
ENGINEER’S REPORT
Mr. Birdsall had nothing to report.
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 Districts #5 & #6 had nothing to report.
Upon motion of Mr. Salvesen, seconded by Mr. Walbert, the Board approved adjournment at 9:10 P.M.
Mr. Diacogiannis yes, Mr. Colon yes, Mr. Nagle yes, Mr. Salvesen yes, Mr. Walbert yes.
Stacy C. Milo
Secretary/Treasurer