The regular semi-monthly meeting of the Board of Supervisors, Hanover Township, Northampton County, Pennsylvania was called to order by Vice-Chairman Glenn R. Walbert at the Hanover Township Municipal Building, 3630 Jacksonville Road, Bethlehem, Pennsylvania, 18017 at 7:30 P.M.
Present were Supervisors Colon, Salvesen and Nagle, Engineer Birdsall, Attorney Wendy Nicolosi for Solicitor Broughal, Public Works Director Healy and Manager Finnigan. Chairman Diacogiannis was away on business.
The Pledge of Allegiance was performed.
Upon motion of Mr. Salvesen, seconded by Mr. Colon, the Board approved the Agenda with additions of the National Night Out Proclamation and Zoning Hearing Board Fees.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes.
Mr. Walbert advised of the need for an executive session to discuss Contract Negotiations.
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 May 23, 2006.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes.
Upon motion of Mr. Salvesen, seconded by Mr. Nagle, the Board approved the List of Bills and Transfers dated June 13, 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.
COURTESY OF THE FLOOR
Mr. Dan Field of Clearview Circle was present to ask the Board for clarification on the Quiet Title Action and Mr. Field also inquired about the expansion of the Maintenance Shed.
Mr. Finnigan discussed the details of the property and how Hanover Township acquires property. The property in question is already owned by the Township and we are just consolidating lots.
Mr. Finnigan stated that there are no plans presently for an expansion of the Maintenance building, but the Township is looking into an addition and may budget for it in next year’s budget.
REPORT OF THE VICE-CHAIRMAN
Mr. Walbert had nothing to report.
APPOINTMENTS & RESIGNATIONS
Mr. Walbert moved that the Board accept the resignation of Chris Williams from the Impact Fee Advisory Committee and authorize the Secretary to send a letter of appreciation notifying Mr. Williams of the Board’s action relative to this matter.
Mr. Nagle seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes.
PLANNING & ZONING
A discussion was held on setting the date for the Public Hearing for the rezoning petition for the Strohl property from Gonen.
Mr. Walbert authorized the Township Engineer and Township Solicitor to advertise for a Public Hearing on August 8, 2006.
PUBLIC WORKS
Mr. Salvesen noted for the record that the Bid Opening Meeting for the 2006 Roadwork was held on May 19, 2006. The bids were opened by Public Works Director Healy and Secretary Milo. There were three bids that were tabled for review.
Mr. Salvesen moved that the Board approve to award the bid for the Road Work to Hanson Aggregates PA, Inc., R.R. #4, Box 4260; Stroudsburg, PA 18360-9009 at a price of $64.00 per ton plus $6.00 per square yard for milling for a total bid amount of $263,782.00; and to authorize the Secretary to notify Hanson Aggregates PA, Inc. of their awarded bid, to notify the next highest bidder that we will be holding their bid bond until the awarded bidder confirms, and to return all other bids.
Mr. Colon seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes.
ADMINISTRATION
Mr. Nagle
moved that the Board approve the use of the four updated Job Descriptions for
the following: 1) Park and Recreation Program Coordinator
and Park Coordinator; 2) Park and Recreation Program Instructor & Park
Counselor; 3) Head Lifeguard – Administration; and 4) Head Lifeguard –
Maintenance effective June 1, 2006. Mr.
Nagle also moved to notify the Recreation Director and the Recreation Advisory
Board of the Board’s action relative to this matter.
Mr. Colon seconded the
motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes.
Mr. Nagle moved to revise the hourly
wage for wage level IV for Park and Recreation and Pool employees from $6.65
per hour to $6.85 per hour. Mr. Nagle also moved to
notify the Recreation Director and the Recreation Advisory Board of the Board’s
action relative to this matter.
Mr. Finnigan stated
that this is correcting an error in the re-organization meeting minutes for
wage level IV.
Mr. Colon seconded the motion.
Mr. Colon yes, Mr.
Salvesen yes, Mr. Nagle yes, Mr. Walbert yes.
Mr. Nagle moved that the Board
approve the following proclamation supporting National Night Out 2006:
HANOVER TOWNSHIP, NORTHAMPTON COUNTY
PROCLAMATION NO. 2006-03
A PROCLAMATION SUPPORTING
NATIONAL NIGHT OUT 2006
WHEREAS, the National Association of Town Watch (NATW) is
sponsoring a unique, nationwide crime, drug and violence prevention program on
August 1st, 2006 entitled “National
Night Out”; and
WHEREAS, the “23rd Annual National Night Out” provides a unique
opportunity for Hanover Township – Northampton County to join forces with
thousands of other communities across the country in promoting cooperative,
police-community crime prevention efforts; and
WHEREAS,
the Hanover Township Board of Supervisors plays a vital role in assisting the
Colonial Regional Police Department through joint crime, drug and violence
prevention efforts in Hanover Township – Northampton County and is supporting “National Night Out 2006” locally; and
WHEREAS, it
is essential that all citizens of Hanover Township – Northampton County be
aware of the importance of crime prevention programs and the impact that their
participation can have on reducing crime, drugs and violence in Hanover
Township – Northampton County; and
WHEREAS,
police-community partnerships, neighborhood safety, awareness and cooperation
are important themes of the “National
Night Out” program;
NOW, THEREFORE, WE, THE BOARD OF SUPERVISORS OF HANOVER
TOWNSHIP - NORTHAMPTON COUNTY, do hereby call upon all citizens of Hanover
Township to join the Board of Supervisors and the National Association of Town
Watch in supporting “23rd
Annual National Night Out” on August 1st, 2006.
FURTHER, LET IT BE RESOLVED THAT, WE THE BOARD OF
SUPERVISORS do hereby proclaim Tuesday, August 1st, 2006 as “NATIONAL NIGHT OUT” in Hanover Township
– Northampton County.
Mr. Colon seconded the motion.
Mr. Colon yes, Mr.
Salvesen yes, Mr. Nagle yes, Mr. Walbert yes.
Mr. Finnigan discussed the changing of the Zoning Hearing
Fees listed on the Permit Fee Schedule.
Mr. Nagle moved that the Board approve the following changes
to Zoning Hearing Board fees, effective July 1, 2006 listed in Township Permit
Fee Schedule as follows:
ZONING HEARING FEES
Residential $ 600.00
Commercial $1,000.00
Continuance Request –
Applicant $ 175.00
Mr. Colon seconded the motion.
Mr. Colon yes, Mr.
Salvesen yes, Mr. Nagle yes, Mr. Walbert yes.
DEVELOPMENTS
Mr. Colon
moved that the Board, as recommended by the Township Engineer, grant the
Developer of the Davis Subdivision 4 Lot R1-S the requested release for Escrow Release Number 3,
in the amount of $21,499.20, 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 $66,917.40 for the work remaining plus
contingencies; and
2.
That the Developer adheres to Township Policy Number 25 (payment
of Plans and Appeals Accounts).
Mr. Colon further moved to notify the Owner/Developer of the Board’s action relative to this matter.
Mr. Nagle seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes.
Mr. Colon moved that the Board, as recommended by the Township
Engineer, grant the Developer of Monocacy Farms - Hanover Crossing North
a reduction of $801,600.00, for the Monocacy Farms Subdivision Escrow Release
Request #7 Exhibit “A-1” with the
following conditions:
1. That
security for the work remaining plus contingencies be maintained in the amount
of $2,014,400.00;
2. That
the Developer provides an updated schedule/status report for completion of the
issues in Hanover Engineering Associates letter of December 1, 2005; and
3.
That the Developer adheres to Township Policy
#25 (payment of Plans & Appeals Accounts).
Mr. Colon further moved to notify the Owner/Developer of the Board’s action relative to this matter.
Mr. Nagle seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes.
Mr. Colon moved that the Board, as recommended by the Township
Engineer, grant the Developer of Monocacy Farms - Hanover Crossing North
a reduction of $93,800.00, based on our review of the status of the
improvements secured by Exhibit “A-2” with the following conditions:
1. That
security for the work remaining plus contingencies be maintained in the amount
of $61,200.00; and
2. That
the Developer adheres to Township Policy #25 (payment of Plans & Appeals
Accounts).
Mr. Colon further moved to notify the Owner/Developer 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.
Colon moved that the Board, as recommended by the Township Engineer, grant the
Developer of Hanover Pointe Subdivision 102-Lot the requested release for
Escrow Release No. 16 in the amount of $215,671.77 upon the following
conditions:
1.
That the
Developer provides the Township with a status of the security being provided by
First Star Savings Bank prior to June 30, 2006;
2.
That the
Developer acknowledges that the security provided by First Star Savings Bank,
as required by the Subdivision Improvements Agreement, will remain at a minimum
of $1,399,653.93 for the work remaining plus contingencies; and
3.
That the
Developer adheres to Township Policy No. 25 (payment of Plans and Appeals
Accounts).
Mr. Colon further moved to notify the Owner/Developer 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. Colon noted for the record that Minrad Inc. Land Development Plan has granted the Board an extension of 30 days to July 30, 2006.
COURTESY OF THE FLOOR
It was noted that no one wished to offer any comment.
ROAD REPORTS
Mr. Walbert – Road District #1 had nothing to report but requests an executive session for contract negotiations.
Mr. Salvesen – Road District #2 had nothing to report.
Mr. Colon – Road District #4 had nothing to report.
Mr. Nagle –
Road District #5 & #6 reported that a neighbor told him about a pothole and
by the time he could report it to the Township, it was already fixed.
ENGINEER’S REPORT
Mr.
Birdsall referred to two items on the Zoning Hearing Board agenda and asked if
the Board wants him to attend either one.
Mr.
Walbert suggested that the Engineer represent the Township on the Innovation
Way hearing if they do not withdraw.
SOLICITOR’S REPORT
Attorney
Nicolosi stated she sent in the PA DCED application for the borrowing today.
There was a two and half week delay because it was not advertised on time
because of the Morning Call and also because the Morning Call did not get the
proof of publication back in a timely manner.
PUBLIC WORKS REPORT
Mr.
Healy had nothing to report.
TOWNSHIP MANAGER’S REPORT
Mr.
Finnigan reported on the following:
· Macada/Jacksonville Road
intersection, signals will go on flash on Thursday and will work on the
following Thursday. Striping will be done tomorrow
· Library report is in front
of you tonight
· May monthly financials
were emailed today
· 248 Brodhead Road –
Received Environmental Phase I Report – gave status
· PPL installing curb on
Macada Road on their property
· Meeting tomorrow to
discuss the Route 512 Detour in regards to Jaindl development
· 1st Patriot
Realty – Wellness Center offering a bus trip to a wellness center. Unless we
advertise this as a meeting, only two supervisors and three planning commission
members can go. Will let everyone know when the bus trip will be and where
· Discussed 2 resolutions for the next
supervisors meeting for adoption of the National Incident Management
System and adoption of the Incident
Command System
· Need executive session for
a personnel matter
Mr. Walbert adjourned the regular meeting at 8:10 P.M. to enter
into an Executive Session.
The Executive Session concluded at 8:42 P.M.
Mr. Walbert directed that a Memorandum dated June 9, 2006 from
James L. Broughal, Esquire regarding the Second Class Township Code be made
part of the record:
MEMORANDUM
Date: June
9, 2006
To: Hanover
Township Board of Supervisors
From: James
L. Broughal, Esq.
Re: Second Class Township Code
In Commonwealth v. Ashenfelder, 198 A.2d 514 (Pa. 1964), the Pennsylvania Supreme Court held that townships possess only those powers granted to them by the Legislature in express terms or arising by necessary and fair implication or incident to powers expressly granted.
Under the Second Class Township Code §1701, the township board of supervisors may acquire real property located within the township boundaries for township purposes. An narrowly carved out exception to this provision is found in §1704, which allows a township to purchase or lease land either inside or outside the limits of the township for the purpose of erecting garages, warehouses or other buildings as may be necessary for handling and storing equipment, materials and supplies.
The applicable Second Class Township Code provisions, analyzed in conjunction with Commonwealth v. Ashenfelder, leads to the conclusion that a Second Class Township is not authorized to acquire property outside of its boundaries for any purpose other than that enumerated in §1704 even though there is no provision in the Code that specifically prohibits such purchase. Consequently, a Township cannot acquire or own property outside of its municipal boundaries for utilization as the headquarters of a police force.
Upon motion of Mr. Salvesen, seconded by Mr. Colon, the Board
approved adjournment at 8:43 P.M.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr.
Walbert yes.
Stacy
C. Milo
Secretary/Treasurer