The regular
semi-monthly meeting of the Board of Supervisors,
Present
were Supervisors Colon, Walbert, Salvesen and Diacogiannis, Mr. Mike Schmalzer
for Engineer Birdsall, Solicitor Broughal, and Public Works Director
Manager Sterner was not in attendance due to illness.
The Pledge of Allegiance was performed.
Upon motion of Mr. Walbert, seconded by Mr. Colon, the Board unanimously approved the Agenda.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Upon motion
of Mr. Walbert, seconded by Mr. Colon, the Board unanimously approved the
minutes, as written, from the meeting of the Board of Supervisors dated
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Upon motion
of Mr. Diacogiannis, seconded by Mr. Salvesen, the Board unanimously approved
the List of Bills and Transfers dated
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
COURTESY OF THE FLOOR
It was noted that no one wished to offer any comment.
REPORT OF THE CHAIRMAN
Mr.
Finnigan reported that he has a Proclamation for Anniello Santella on his
retirement. Mr. Finnigan stated that he attended the get together at
Mr. Finnigan read the following Proclamation:
PROCLAMATION NO. 2005-05
A PROCLAMATION HONORING
ANNIELLO P. SANTELLA
WHEREAS, Anniello P. Santella has provided “safe crossing” for the students as a Crossing Guard at the Hanover School for eleven years through rain, sleet, snow & sun; and
WHEREAS, “Mr. Neil”, as he is affectionately known, officially retired from his duties as a Crossing Guard on June 3, 2005; and
WHEREAS, “Mr. Neil” gained the respect and admiration of the students he guided over the years; and
WHEREAS, “Mr. Neil” always exhibited care, concern and compassion for each student and their family; and
NOW,
THEREFORE, BE IT AND IT IS HEREBY PROCLAIMED, by the Board of Supervisors of
That ANNIELLO P. SANTELLA is applauded and recognized on the
occasion of his retirement and the Board of Supervisors congratulate him for
his dedication and devotion to the students and families of
Mr. Colon seconded the motion.
Mr. Finnigan yes, Mr.
Mr. Finnigan presented Mr. Santella with a copy of the Proclamation.
Mr. Santella was present to express his gratitude to everyone.
PLANNING & ZONING
Mr.
Walbert moved that the Board approve the following Resolution regarding the
increasing of Members to the Airport Advisory Board:
RESOLUTION NO. 2005-08
WHEREAS,
the Board of Supervisors of Hanover Township, Northampton County, Pennsylvania
(“Board”) recognize the need to create a committee of Hanover Township,
Northampton County, Pennsylvania (“Township”) residents to monitor and interact
with the Lehigh-Northampton Airport Authority (“Authority”); and
WHEREAS,
the Board feels that the creation of an airport advisory committee is necessary
because of the present and future impact that the Authority will have on the
Township’s health, safety and welfare as a result of their operation of the
Lehigh Valley International Airport; and
WHEREAS,
the creation of an airport advisory committee will allow for a formal
interchange of information and dialogue between the Authority, the Board and
the residents of the Township.
NOW
THEREFORE, be it resolved and it is resolved, that the Board hereby creates the
Airport Advisory Committee under the following provisions:
Section
1. Purpose. The purpose of this resolution is to create
an Airport Advisory Committee to organize, guide, direct and facilitate the
exchange of information and dialogue between the Authority, the Board and
Township residents.
Section
2. Members, Appointments,
Officers, Terms & Vacancies. The Airport Advisory Committee shall (A)
consist of not more than seven (7) members, whom shall be Township residents
and be appointed by the Board of Supervisors of the Township of Hanover, County
of Northampton, Commonwealth of Pennsylvania (“Supervisors”) when needed at
their January Re-Organization Meeting and shall be citizens of the Township of
Hanover, County of Northampton, Commonwealth of Pennsylvania; (B) the members
shall serve for a term of three (3) years or until their successors are
appointed, provided however, that the Supervisors have the right to remove
members for dereliction or neglect of their duties hereinafter set forth; (C)
vacancies on the Airport Advisory Board occurring other than at the expiration
of a term shall be filled for the unexpired term and shall be filled in the
same manner as the original appointments; (D) the members shall elect a
chairman and secretary during their January meeting for a period of one (1)
year who shall serve at the pleasure of the members of the Airport Advisory
Committee; (E) the members shall serve without pay but may be reimbursed by the
Township for all expenses incurred in performing their duties; and (F) the
Airport Advisory Committee shall meet on the third Thursday of every month with
written minutes to be taken and forwarded to the Board, Township Manager and
Township Webmaster.
Section
3. Severability. If any section, clause, provision or portion
of this Resolution shall be held to be invalid or unconstitutional, the same
shall not effect the validity of the entire Resolution as a whole, or any part
or provision hereof other than that part so adjudged to be invalid or
unconstitutional.
Section
4. Repealer. All Resolutions, or parts of resolutions
herewith be, and hereby are, repealed.
Section
5. Effective Date. This resolution shall become effective upon
adoption.
Mr. Colon
seconded the motion.
Mr. Finnigan yes, Mr.
Mr.
Walbert moved that the Board approve to appoint the following individuals to
the Airport Advisory Committee. Paul Burke
Mr. Colon
seconded the motion.
Mr. Finnigan yes, Mr.
A
discussion was held on the Dewire Subdivision. They are seeking relief of Woodlands
on the lots and will be on the Zoning Hearing Agenda.
The Board
directed the Township Solicitor to attend the Zoning Hearing meeting.
A
discussion was held on Mr. and Mrs. Barry Gregory patio extension and to
enforce the Township Ordinances. It was noted that the patio extension will go
into their rear setback by 12 plus feet. They will be on the Zoning Hearing
Agenda.
The Board
directed the Township Solicitor to attend the Zoning Hearing meeting.
PUBLIC WORKS
Mr. Schmalzer
discussed the letter dated May 20, 2005 drafted by Engineer Birdsall regarding
the Encroachments into Easements Policy.
Mr.
Salvesen moved that the Board approve to enter the Policy for Encroachment into
Easements into our Policy Manual using Policy Number 54.
POLICY# 54
1.
Building permit
applications should identify all easements affecting their property on a Plan
that depicts the location of their proposed improvement, and should set all
property corner markers.
2.
The Zoning Officer
should not grant any permits for buildings, fences, or other structures within
easement areas except as noted below:
A.
No portion of the
fence material (except the posts) shall be closer to the ground than eight
inches (8”).
B.
Access driveways or
pathways crossing easements that run parallel and adjacent to public roads.
C.
Fences within
easements which fall into the category described as stated below. In this
situation, issuance of the permit should not be granted until the property
owner enters into the proper Release and Hold Harmless Agreement with the form
of the Agreement to be satisfactory to the Township Solicitor and the Board of
Supervisors.
Drainage and/or utility easements that may not be used for
any common benefit:
These easements provide no obvious benefit of providing a
“common” benefit to upland property owners for allowing stormwater flow across
lower elevation properties and provide no obvious “common” benefit for
extension of common utilities. The example of this type of easement is often
found on a Subdivision Plan where drainage and utility easements are shown
along the side property line where adjoining properties may drain their
stormwater flow to a property line swale draining toward the street or draining
toward the rear yard, but where no other property owner’s stormwater drains
through that same easement. In this case, the Township has little interest in
the protection of the easement rights since there is no “common” benefit
identified. In these situations, the Township, in my opinion, could allow
encroachment of shrubbery, trees, and/or fences. It was recommended that the
Township not allow the encroachment of structures such as patios, sidewalks,
sheds, swimming pools, or portions of the principal structure to encroach into
these easements.
Property owners who seek a “Permit” for the installation of
a fence, should be requested to sign a Release or Acknowledgement Agreement
indicating they recognize their fence is being built in an easement and that
the Township and/or possibly other legitimate public utility agencies may be
able to utilize that easement for legitimate interest of the Municipality or public utility and that the property owner
recognizes that they must remove the fence at their expense, if the
Municipality or utility company requires the access or use of the easement.
Also, the property owner should acknowledge that, if the
Township or utility company removes or damages the fence during any utilization
of that easement, the Township and/or utility company will not pay damages for
the loss of the fence and will not be responsible for the restoration of the
fence.
D. Permits for
utility structures that are necessary for the appropriate utilization of the
easement by the appropriate Municipal or utility agency.
Mr. Colon
seconded the motion.
Mr. Finnigan yes, Mr.
ADMINISTRATION
Public
Meeting for the Earned Income Tax Ordinance was held.
It was
noted that the meeting has been duly advertised and the Secretary has proof of
publication. After everyone who wished to speak, had spoken, the public meeting
was closed.
It was noted that no one wished to offer any comment.
Mr.
Diacogiannis moved that the Board approve to adopt the following Ordinance
amending the Earned Income Tax Ordinance and to authorize the Chairman and
Secretary to sign the Ordinance.
ORDINANCE 05-04
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE
Mr. Colon
seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr.
Salvesen yes, Mr. Diacogiannis yes.
Public
Meeting for the 911 Ordinance Amendment was held.
It was
noted that the meeting has been duly advertised and the Secretary has proof of
publication. After everyone who wished to speak, had spoken, the public meeting
was closed.
It was noted that no one wished to offer any comment.
Mr.
Diacogiannis moved that the Board approve to adopt the following Ordinance
amending the 911 Ordinance and to authorize the Chairman and Secretary to sign
the Ordinance.
ORDINANCE 05-05
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE
Mr. Colon
seconded the motion.
Mr. Finnigan yes, Mr.
Mr.
Diacogiannis moved that the Board approve to appoint Ms. Yvonne D. Schoenly as
Zoning Officer at an annual salary of $45,000 per year ($865.39 week) paid
weekly. Appointment is effective 6/1/05. Position is non-exempt.
Mr.
Broughal asked that the motion be expanded to include; authorizing the Zoning
Officer to institute civil enforcement proceedings as a means of enforcement
when acting within the scope of her employment. Mr. Broughal asked that it be
included in the minutes incase an issue ever comes up before a magistrate.
Mr.
Salvesen seconded the motion.
Mr. Finnigan yes, Mr.
A
discussion was held regarding a letter from Hanover Engineering dated May 27,
2005 regarding the creation of an Access Management Program with the Lehigh
Valley Planning Commission.
Mr.
Finnigan directed Mr. Birdsall to express our interest and get more information
on the access management “partnership” and report back to the Board.
DEVELOPMENTS
It was
noted that the Developer agreed with the conditions for LVIP IV Lot 13
Preliminary/Record Plan Approval and the conditions were signed.
Mr. Colon
moved that the Board approve to adopt the conditions and terms relative to LVIP
IV Lot 13 Expansion Preliminary/Record Site Plan prepared and provided to the
Developer/Owner for signature and the Township Secretary is authorized to
notify the Developer 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.
(S.A.L.D.O. Section 159-30.D.(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 152-10.E).
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 152.10.M).
2. The
Developer/Owner shall enter into a Maintenance Agreement with the Township and
provide appropriate security.
(S.A.L.D.O. Section 159-30.D.(6)).
3. The
Developer/Owner shall pay all current fees, including any outstanding plans and
appeals account charges. (S.A.L.D.O.
Section 159-36.J.).
4. 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. (S.A.L.D.O. Section
159-34.B.).
4.
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. Walbert seconded
the motion.
Mr. Finnigan yes, Mr.
Mr. Colon moved that
the Board reject the maintenance improvements for WaWa and to notify them that
they must supply the Township with additional security for at least 6 months.
Mr. Walbert seconded
the motion.
Mr. Finnigan yes, Mr.
Mr. Colon moved that
the Board approve to grant the Lehigh Valley Corporate Center II Phases I, II
and III an extension to the Improvements and Maintenance Agreement to July 31,
2006 and to notify the Developer of the Board’s action.
Mr. Walbert seconded
the motion.
Mr. Finnigan yes, Mr.
Mr. Colon moved that
the Board approve to notify the Developer of Lot 39 in the Lehigh Valley
Industrial Park IV that the conditions to the Record Plan approval will expire
on July 11, 2005 and the Board will not be granting any more extensions.
Mr. Salvesen seconded
the motion.
Mr. Finnigan yes, Mr.
COURTESY OF THE FLOOR
It was noted that no
one wished to offer any comment.
PUBLIC WORKS REPORT
Mr. Healy had nothing
to report.
SOLICITOR’S REPORT
Mr. Broughal stated he
and Mr. Birdsall met with representatives of Scheetz Gas Station to offer them
an opportunity to reduce the size of the sign. They would not. We are appealing
the City of
ENGINEER’S REPORT
Mr. Schmalzer reported
on the Jaindl detour on
ROAD REPORTS
Mr. Walbert – Road
District #1, Mr. Salvesen – Road District #2, Mr. Diacogiannis – Road District
#3, Mr. Colon – Road District #4 and Mr. Finnigan – Road District #5 & #6
had nothing to report on any district.
Upon motion of Mr.
Salvesen, seconded by Mr. Walbert, the Board approved adjournment at 8:12 P.M.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr.
Diacogiannis yes.
Linda
J. Sterner
Secretary/Treasurer