MINUTES

REGULAR SEMI-MONTHLY MEETING
June 27, 2006

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, Manager Finnigan and Public Works Director Healy.

The Pledge of Allegiance was performed.

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

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

Upon motion of Mr. Salvesen, seconded by Mr. Nagle, the Board approved the minutes, as written, from the meeting of the Board of Supervisors dated June 13, 2006.

Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis abstain.

Upon motion of Mr. Salvesen, seconded by Mr. Nagle, the Board approved the List of bills and Transfers dated June 27, 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, Mr. Diacogiannis yes.

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 reported that at last night’s Regional Police meeting, the Commission voted 2-1 to not accept the lease proposal for the building at 248 Brodhead Road.

APPOINTMENTS AND RESIGNATIONS

Mr. Diacogiannis reported that we did receive a letter from Mr. Tom Baldo regarding his interest to serve on the Recreation Advisory Board and asked that the Manager forward the letter to the Recreation Advisory Board.

ADMINISTRATION

Mr. Nagle moved that the Board accept the resignation, effective December 31, 2006 or earlier if a replacement is appointed, of Francis B. Almer as Emergency Management Coordinator for Hanover Township. Mr. Nagle further moved that the Secretary send a letter of appreciation and also notify Mr. Almer 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. Diacogiannis yes.

Mr. Nagle moved that the Board approve the use of the two Job Descriptions for the following: 1) Emergency Management Coordinator and 2) Assistant Emergency Management Coordinator effective June 27, 2006.

Mr. Walbert seconded the motion.

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

Mr. Nagle moved that the Board adopt the following resolution to implement a National Incident Management System in the Township and authorize the Chairman, the Township Manager and the Secretary to sign the Foreword for National Incident Management System Implementation Plan:

RESOLUTION 06-07

This resolution; approved and adopted by the Board of Supervisors of Hanover Township, County of Northampton, Commonwealth of Pennsylvania, on the date hereinafter set forth.

Witnesseth:

WHEREAS, Homeland Security Presidential Directive 5 (HSPD-5), Management of Domestic Incidents, Governor’s Proclamation Implementing the National Incident Management System and the 2003 Commonwealth of Pennsylvania Three-Year Homeland Security Assessment & Strategy and Urban Areas Security Initiatives requires that Hanover Township prepare, maintain and keep current a local National Incident Management System (NIMS) Implementation Plan for the Township to take the necessary steps for compliance with the National Incident Management System Implementation Plan which complies with NIMS; individual domestic incident management; and emergency prevention, preparedness, recovery, and mitigation activities, as well as in support of all actions taken to assist regional counter-terrorism task forces and local municipalities; and

WHEREAS, in response to the mandate stated above, this Township has prepared a National Incident Management System Implementation Plan for Hanover Township to provide guidance on how Hanover Township plans to implement NIMS;

NOW, THEREFORE, we, the undersigned Supervisors of Hanover Township – County of Northampton, Commonwealth of Pennsylvania do hereby approve, adopt and place into immediate effect the National Incident Management System Implementation Plan for Hanover Township. This Plan shall be reviewed on an annual basis to make certain that it conforms to all requirements.

Mr. Colon seconded the motion.

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

Mr. Nagle moved that the Board adopt the following Resolution to implement an Incident Command System in the Township:

RESOLUTION 06-08

This resolution approved and adopted by the Board of Supervisors of Hanover Township, County of Northampton, Commonwealth of Pennsylvania, on the date hereinafter set forth.

Witnesseth:

WHEREAS, the County of Northampton, Commonwealth of Pennsylvania has provided municipalities with a documented Incident Command System (I.C.S.);

NOW, THEREFORE, we, the undersigned Supervisors of Hanover Township - Northampton County, Commonwealth of Pennsylvania do hereby approve, adopt and place into immediate effect the Incident Command System (I.C.S.) for the emergency services organizations providing coverage to the business community and residents of Hanover Township. We further direct that incident managers and response organization in Hanover Township train; exercise and use I.C.S. in their response operations.

Mr. Walbert seconded the motion.

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

DEVELOPMENTS

Mr. Colon moved that the Board grant an extension to the Developer of Hanover Pointe Subdivision 102-Lot relative to the Improvements Agreement to July 27, 2007 and to notify the Developer of the Board’s action.

Mr. Salvesen seconded the motion.

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

Mr. Colon moved that the Board grant an extension to the Developer of Hanover Corporate Center I, Lot 1 relative to the Improvements Agreement to October 31, 2006 and 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. Diacogiannis yes.

Mr. Colon moved that the Board grant an extension to the Owner/Developer of Northgate I Development to August 31, 2006 and 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. Diacogiannis yes.

Mr. Colon moved that the Board authorize the Chairman and the Secretary to sign the Site Plan Improvements Agreement, Site Plan Maintenance Agreement, and Declaration of Covenant and Agreement for Maintenance of Stormwater Management Facilities for LVCC I Lot 2 DTMG 1665 VCP, LLC.

Mr. Salvesen seconded the motion.

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

Mr. Colon moved that the Board authorize the Chairman and the Secretary to sign the Indemnification Agreement for the MINRAD, Inc. Tank Farm Addition.

Mr. Colon further moved that the Board, as recommended by the Township Engineer, approve to adopt the terms and conditions relative to the Preliminary/Record Site Plan for LVIP IV Lot 45 – MINRAD, Inc., prepared and provided to the Developer/Owner for signature, and the Township Secretary notify the Developer/Owner 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 159-30D.(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 152-10E.).

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 152-10M.).

2. The Developer/Owner shall enter into a Maintenance Agreement with the Township and provide appropriate security. (S.A.L.D.O. Section 159-30D.(6)).

3. The Developer/Owner shall pay all current fees, including any outstanding plans and appeals account charges. (S.A.L.D.O. Section 159-36J.).

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 159-34B.).

5. 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. Colon further moved that the granting of conditional approval of this plan recognizes that the Township is agreeing to the following on the Site Development Plan:

A. That the Board of Supervisors waive the requirement that ninety (90) off-street parking spaces be provided and to allow the fifty-four (54) off-street parking spaces as shown on the plans with the condition that the Zoning Officer can require the additional thirty-six (36) spaces. (Zoning Ordinance Section 185-17C.).

B. That the Board of Supervisors waive the requirement that six (6) off-street loading spaces be provided and to allow the three (3) off-street loading spaces as shown on the plans with the condition that the Zoning Officer can require the additional three (3) spaces. (Zoning Ordinance Section 185-18C.).

C. That the Board of Supervisors waive the requirement that the Developer replace on the lot all of the trees removed for the construction and to allow the Developer to provide and install forty-six (46) trees on Township property. Trees shall conform to Township Standards and species shall be chosen by the Township from the approved Shade Tree List. (SALDO Section 159-17F.).

C. That the Board of Supervisors grant a deferral of the requirement that all trees on the site are required to be located and shown on the plans including the species, trunk diameter, and dripline until the warehouse addition plan is submitted for review. (SALDO Section 159-29C.(6).(b)&(f).).

Mr. Salvesen seconded the motion.

Mr. Ron Madison was present representing Minrad, Inc. to present their arguments for revisions.

It was noted that the Developer agreed with and signed the conditions as originally presented.

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

Mr. Colon moved that the Board, as recommended by the Township Engineer, approve to adopt the terms and conditions relative to the Preliminary/Record Site Plan for LVCC II Lots 7 and 8 – Liberty Property Limited Partnership, prepared and provided to the Developer/Owner for signature, and the Township Secretary notify the Developer/Owner of the Board’s action relative to this matter as follows:

CONDITIONS

1. The Developer/Owner shall file a Covenant running with both lots regarding what shall occur to the parking and other paving within the twenty-foot (20’) parking setbacks if either lot is ever sold to anyone else. This Covenant must be acceptable to the Township Solicitor. (Zoning Ordinance Section 185-36I.(1).).

2. The Developer/Owner shall enter into an Improvements Agreement with the Township and provide appropriate security. (SALDO Section 159-30D(5).).

C. Provide a statement that a building permit cannot be issued and/or construction cannot begin on Lot 8 until the Developer/Owner has obtained the permit to connect Lot 8 to the sanitary sewer system from both Hanover Township, Lehigh County and Hanover Township, Northampton County.

3. The Developer/Owner shall enter into a Maintenance Agreement with the Township and provide appropriate security. (SALDO Section 159-30D.(6).).

4. The Developer/Owner shall provide an Impact Fee of $19,793.83 for 9.50 acres of land (9.50 acre/64.4 acre X $134,181.36). (Impact Fee Ordinance 91-12, Resolution 97-11).

5. The Developer/Owner shall provide a Tapping Fee of $9,163.00 (1700 GPD X $5.39/Gal.), a Connection Fee of $397.50 and a Customer Facilities Fee of $330.00. These fees are for Lot 7 only and are payable at the time the Building Permit is applied for. (Tapping and Connection Fee Ordinance 05-06).

6. The Developer/Owner shall pay all current fees, including any outstanding plans and appeals account charges. (SALDO Section 159-36J.).

7. 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. (SALDO Section 159-34B.).

8. 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. Colon further moved that the granting of conditional approval of this plan recognizes that the Township is agreeing to the following on the Site Development Plan:

A. That the Board of Supervisors waive the requirement that drainage easements be kept free of all structures, except grass, and allow the Developer to provide a Hold Harmless Agreement indicating that Liberty Property Trust and its assigns, successors, etc., shall take responsibility for the removal and replacement of any items placed in these easements. (SALDO Section 159-12B.).

Mr. Salvesen seconded the motion.

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

Mr. Colon moved that the Board authorize the Chairman and Secretary to sign the Indemnification Agreement for LVCC II Lots 7 & 8 Liberty Property Limited Partnership.

Mr. Salvesen seconded the motion.

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

Mr. Colon moved that the Board, as recommended by the Township Engineer, take the following actions with respect to the Wagner Holding’s Inc. Site Plan:

1. That the Township authorizes the Township Solicitor to pull the Improvements Security in its entirety if the Developer does not provide an extension to said security prior to June 28, 2006;

2. That the Township urges the Developer to request an extension to the Improvements Agreement in order to complete the improvements; and

3. That the Developer adheres to Township Policy #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. Diacogiannis yes.

Mr. Colon moved that the Board, as recommended by the Township Engineer, accepts the improvements as complete for the LVIP IV Lot 42 Lehigh Valley Association of Realtors Land Development Plan and begin the eighteen (18) month maintenance period effective June 30, 2006 upon the following conditions:

1. That the Township requests that the Owner/Developer provide a schedule with a date certain for repair of the Developer’s portion of the “common swale” ;

2. That the Township returns the “escrow monies” upon receipt of the Maintenance Security, in the amount of $2,391.00, and the schedule of repair for the “common swale”;

3. That the Township authorizes the Solicitor to take appropriate action should the Owner/Developer fail to provide the schedule of repair by July 31, 2006; and

4. That the Developer adheres to Township Policy #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.

A discussion was held regarding the common swale between two property owners.

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

The Chairman directed the Township Solicitor to send a letter to the Owner of Lot 41 regarding the “common swale”.

Mr. Colon moved that the Board, as recommended by the Township Engineer, reject the request of the Developer of Hanover Highlands Lot 4/5 Subdivision to be released from the maintenance period for the Punch List items, listed in the Engineer’s letter dated June 23, 2006, upon the following conditions:

1. That the Township urges the Developer to complete the maintenance of the Punch List items by September 30, 2006;

2. That the Developer extends the Maintenance Bond to October 31, 2006; and

3. That the Developer adheres to Township Policy #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. Diacogiannis yes.

Mr. Colon moved that the Board authorize the Chairman and the Secretary to sign the Indemnification Agreement and the Plan Review Agreement for Traditions of America Hanover Corporate Center 2 – Lot 5. It is noted that the Township has received the required funds as stated in each agreement.

Mr. Salvesen seconded the motion.

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

COURTESY OF THE FLOOR

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

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 District #5 & #6 had nothing to report.

ENGINEER’S REPORT

Mr. Birdsall had nothing to report.

SOLICITOR’S REPORT

Mr. Broughal had nothing to report.

PUBLIC WORKS REPORT

Mr. Healy had nothing to report.

TOWNSHIP MANAGER’S REPORT

Mr. Finnigan reported on the following items:

· Jaindl Land Company has received 4 HOP’s for each one of the phases of the 512 reconstruction

· Updated the Board on the joint meeting with Mr. David Jaindl, East Allen Township, Lower Nazareth and PennDot regarding the Route 512 reconstruction

· Discussed the meetings earlier today; phone conference with David Jaindl at 6:30 a.m. and an in person meeting with Bruce Anderson from Pidcock Company and Jerry Shaner of Jaindl Land Company at 8:30 a.m. in regards to finalizing of the Improvements Agreement for Jaindl. Mike Schmalzer of Hanover Engineering attended the 8:30 a.m. meeting.

· Sidewalk on Stoke Park Road in front of Plasterer and the trucking terminal should be installed by July 15 and the sidewalk in front of the old All-phase building should also be done before July 15.

· Macada and Jacksonville Road intersection is open and the traffic lights is working

Upon motion of Mr. Salvesen, seconded by Mr. Walbert, the Board approved adjournment

at 8:20 P.M.

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

Stacy C. Milo

Secretary/Treasurer

REGULAR SEMI-MONTHLY MEETING June 27, 2006

REGULAR SEMI-MONTHLY MEETING
June 27, 2006