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, Engineer Birdsall, Solicitor Broughal, Public Works Director Kevin Healy and Township Manager John J. Finnigan, Jr.
The Pledge of Allegiance was performed.
Mr. Diacogiannis noted for the record that the Board of Supervisors had a brief Executive Session prior to the meeting in regards to Contract Negotiations and Litigation.
Upon motion of Mr. Walbert, seconded by Mr. Nagle, the Board approved the Agenda with additions under Administration and Developments and an Executive Session for personnel matters.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Upon motion of Mr. Nagle, seconded by Mr. Colon, the Board approved the minutes, as written, from the meeting of the Board of Supervisors dated January 8, 2008.
Mr. Colon aye, Mr. Salvesen abstain, 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 Transfer dated January 22, 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
Mr. Andrew
Soltis of 1226 Granite Circle was present to express comments on the letter
that went out to residents regarding the garbage bills that will be mailed to
residents.
Mr.
Diacogiannis responded to Mr. Soltis’s questions and stated that there will be
an article in the Township’s newsletter from the Chairman regarding the
changes.
Mr. George
Werkheiser questioned an accusation made at a previous meeting in regards to the
bids on the refuse collection.
Laslo
Varadi of 446 Timothy Drive was present to express his comments on the new
garbage tax and thinks that the public hearing should be re-advertised and
re-opened, this should be re-discussed, and stated that he does not think that
this is right.
Mr.
Diacogiannis stated that he understands that it is difficult; he stated that we
observed the proper process, we advertise, and we have meetings.
Mr. Finnigan
stated that it is mandated how many aerial trucks and how many pumpers a
community needs to have.
Mr.
Diacogiannis stated that we are planning for the future for fire apparatus that
needs to be replaced over the next twenty years
Mr.
Finnigan stated that the trash went up 20% last year and 20% this year due to
higher costs and higher tipping fees.
Mr.
Diacogiannis stated all costs have increased and will continue to increase; we
are planning for the future.
REPORT OF THE CHAIRMAN
Mr.
Diacogiannis had nothing to report.
REPORT OF THE VICE-CHAIRMAN
Mr.
Walbert had nothing to report.
APPOINTS & RESIGNATIONS
Mr. Nagle
moved that the Board approve to
appoint Ms. Ann
Shanley, of 4811 Janet Lane, to
the Shade Tree
Advisory Commission with the term expiring January 1, 2013. Mr.
Nagle further moved to authorize the Secretary to notify Ms. Shanley and the Shade Tree Advisory Commission of the appointment.
Mr.
Colon 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 public hearing for Amendments to the Zoning Ordinance –
Sign Ordinance.
Mr.
Walbert closed the regular meeting and opened the Public Hearing. It was noted
for the record that this public hearing is continued from December 18, 2007. It
was also 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.
Walbert stated that there were no comments for any change. Mr. Walbert moved that the Board approve the following Ordinance for amendments to the
Zoning Ordinance with respect to signs and that the Chairman and Secretary be authorized to sign the
Ordinance.
ORDINANCE
NO. 08 – 02
AN ORDINANCE ENACTED BY
THE BOARD OF SUPERVISORS OF HANOVER TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA,
ENACTING CERTAIN AMENDMENTS TO THE “HANOVER TOWNSHIP ZONING ORDINANCE” AND
REPEALING ALL ORDINANCES INCONSISTENT HEREWITH.
Mr. Nagle seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert
aye, Mr. Diacogiannis aye.
PUBLIC WORKS
Mr.
Salvesen moved that the Board authorize the Township Solicitor to move forward
with the vacation of a portion of Hanoverville Road, including scheduling a
public hearing for February 26, 2008.
Mr. Nagle
seconded the motion.
Mr.
Finnigan stated that Hanoverville Road is going to be cul-de-saced and half of
the remaining property west of the cul-de-sac road where it intersects now with
Ackerman Place will be vacated; the northern part will be merged with Lot 3 and
the other will be merged with the southern part, which is the Bozakis property.
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 regarding purchasing
supplies and serviced through the PA Capital City Automotive and equipment
Contract:
HANOVER TOWNSHIP
NORTHAMPTON COUNTY
Resolution 08 – 05
WHEREAS, Section 1902 of Act 57 of May 15, 1998, (Title 62 Pa C.S. 1902), known as the “Commonwealth Procurement Code”, permitting local public procurement units, local municipalities, and authorities to sponsor, establish, participate in, conduct, or administer a cooperative purchasing agreement for the procurement of any goods, materials, equipment, or services with another local public procurement unit. A “local procurement unit” is defined as: any political subdivision, public authority, educational, health, or other institution; and to the extent provided by law, any other entity, including a council of governments or an area government; nonprofit fire, rescue or ambulance company; and any nonprofit cooperation operating a charitable hospital; and
WHEREAS, it is hereby deemed to be in the best interest of HANOVER TOWNSHIP, NORTHAMPTON COUNTY, to participate in PACC (PA CAPITAL CITY) AUTOMOTIVE AND EQUIPMENT CONTRACT, which is administered by THE CITY OF HARRISBURG.
NOW, THEREFORE, BE IT RESOLVED by
the members of HANOVER TOWNSHIP, NORTHAMPTON COUNTY, that HANOVER TOWNSHIP,
NORTHAMPTON COUNTY, will participate in PACC Automotive and Equipment Contract,
by purchasing supplies, services from the contract and based upon the terms and
conditions of the contract and at the same prices. Further, HANOVER TOWNSHIP, NORTHAMPTON
COUNTY, will be responsible for the payment of the price directly to the
contractor of said expenses directly related.
IN TESTIMONY WHEREOF, the undersigned TOWNSHIP has caused this
Resolution to be signed by a duly authorized officer and its corporate seal,
duly attested by the Board Secretary, to be hereunto affixed this 22nd
day of January, 2008.
Mr. Salvesen seconded the motion.
Mr. Diacogiannis asked if this is in preparation for the purchase of a yard waste truck.
Mr. Finnigan stated yes; the yard waste truck and a 4th leaf machine.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Mr. Nagle introduced the authorization for CRPC Voting Direction.
Mr. Nagle moved to authorize the Hanover Township representatives to the Colonial Regional Police Department to vote affirmatively at the CRPC meeting on January 28, 2008 relative to modifying Article V, Section B of the Articles of Agreement to permit a stay of the time periods set forth in said section until the expiration of the continuance granted by Judge Freedberg on January 16, 2008 or an amicable settlement is reached, whichever shall occur first.
Mr. Salvesen seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
DEVELOPMENTS
Mr. Colon moved that the Board approve to grant Adler Place, LP, for 3910 Adler Place Site Plan Improvements, an extension of six (6) months to July 31, 2008.
It is noted for the record that the Township Engineer does not object to the requested extension, if the Township Solicitor is satisfied with the amendment to the Letter of Credit.
Mr. Nagle seconded the motion.
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, not accept the improvements for the Becker Subdivision, but request
the Developer to complete the project and request a re-inspection. The Developer should:
1. Complete
the earthwork and landscape issues;
2. Place
and certify the lot pins and monument(s);
3. Provide Maintenance Security in the
amount of $6,637.50 and that the security is satisfactory to the Township
Solicitor; and
4. Adhere 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. Nagle seconded the motion.
Mr. Birdsall updated the Board on
this project since the last meeting discussion.
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, grant the Developer of Davis Subdivision the
calculated release for Escrow Release Number 4 in the amount of $3,573.00
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 $63,344.40, 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.
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, notify the Developer of Lehigh Valley Corporate Center Phase II Lot 3 that:
1. the Maintenance period is still in effect and the noted landscaping, explained in the Township engineer’s letter dated January 17, 2008, shall be replaced and be inspected prior to May 1, 2008; and
2. the Developer shall maintain the maintenance security for LVCC II Lot 3 until released by the Township.
Mr. Nagle seconded the motion.
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, direct the Township Solicitor to contact the Developer/Owner of
Gateway Office Plaza to complete the improvements, i.e. sewer and landscaping
work, and provide As-Builts by June 30, 2008, and start the Maintenance Period
and that the Township Solicitor is authorized to seek the appropriate legal
action if improvements are not complete as of June 30, 2008.
Mr. Salvesen seconded the motion.
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, direct the Township Solicitor to contact the Developer/Owner of LVIP IV Lot 35 – 90 South Commerce Way to complete the improvements, i.e. landscaping, handicapped space, and no parking signs by June 30, 2008 and that the Township Solicitor is authorized to seek the appropriate legal action if the improvements are not complete as of June 30, 2008.
Mr. Salvesen seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert
aye, Mr. Diacogiannis aye.
COURTESY OF THE
FLOOR
It was noted no one wished to offer
any comment.
REPORTS
Mr. Nagle – Road District #1 &
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. Birdsall had nothing to report.
SOLICITOR’S
REPORT
Mr. Broughal advised the Board of
the following:
IAM Properties, LP – That has been
taken care of.
Executive Session prior to the
meeting – The Chairman noted that for the record earlier in this meeting.
Northgate II Lot 4: Innovation
Wellness Center – unfortunately this has not received any type of plan approval
where we can condition the payment of fees; we cannot stop work; because we then
come up against the 90-day requirement where we have to act within 90 days. Mr.
Broughal recommended that we take a look at our application form for
Subdivision and Land Development and maybe put a provision that requires the
payment of these types of fees prior to plan approval. He stated the provision
acts as a contract between the Township and the Owner/Developer and strongly
recommends that the Land Owner signs this form, agreeing to pay on-going fees
even prior to plan approval. Once we
give them conditional plan approval, we then could put in the payment of fees
and condition that upon payment within 30 days. Mr. Broughal stated at this
point, the Engineer has to review the plans. Mr. Broughal suggested that this
is an administrative matter and Township staff should make appropriate changes.
PUBLIC WORKS
REPORT
Mr. Healy had nothing to report.
TOWNSHIP
MANAGER’S REPORT
Mr. Finnigan reported on the
following:
·
Traffic
Signal at Jacksonville Road & Crawford Drive is in operation as of today.
·
Asked
that the Solicitor review the Open Records Policy from 2001
·
Need
authorization to enter into agreement with H.A. Delhart & Son to purchase a
leaf machine; it is in the Budget and it is also going to be partially funded
through the DEP Grant that we are in the process of completing the paperwork
for at a price of $38,193.00.
Mr. Salvesen moved to authorize the Township Manager to enter into an
agreement with H.A. Delhart & Son for the purchase of a Leaf Machine at the
price of $38,193.00
Mr. Colon seconded the motion.
Mr. Diacogiannis asked if we are retiring another leaf machine.
Mr. Finnigan stated no.
Mr. Colon aye, Mr.
Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
· Distributed an Annual Permit Report from the Zoning Officer – development in the Township is declining.
· Need Executive Session for Personnel Matters
Mr. Diacogiannis closed the regular meeting and opened the Executive Session at 8:35 P.M.
Mr. Diacogiannis closed the Executive session and re-opened the regular meeting at 9:05 P.M.
Mr. Broughal noted for the record that the Board had an Executive Session for the past twenty minutes with respect to contract negotiations.
Mr. Nagle moved to authorize the Benefits Administrator to enter into an agreement with BENECON for Medical Insurance through Capital Blue Cross effective March 1, 2008.
Mr. Colon seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Upon motion of Mr. Nagle, seconded by Mr. Walbert, the Board approved adjournment at 9:06 P.M.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Stacy C. Milo
Secretary/Treasurer