The regular semi-monthly meeting of the Board of Supervisors, Hanover Township, Northampton County, Pennsylvania was called to order by Chairman John J. Finnigan, Jr., at the Hanover Township Municipal Building, 3630 Jacksonville Road, Bethlehem, Pennsylvania, 18017 at 7: 30 P.M.
Present were Supervisors Colon, Walbert, Salvesen, and Diacogiannis, Engineer Birdsall, Solicitor Broughal, and Manager Sterner.
The Pledge of Allegiance was performed.
Upon motion of Mr. Walbert, seconded by Mr. Diacogiannis, 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. Colon, seconded by Mr. Colon, the Board approved the minutes, as written, from the meeting of the Board of Supervisors dated March 8, 2005.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Upon motion of Mr. Colon, seconded by Mr. Diacogiannis, the board approved the minutes, as written, of the meeting of the Board of Supervisors dated March 15, 2005.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen abstain, Mr. Diacogiannis yes.
Upon motion of Mr. Diacogiannis, seconded by Mr. Salvesen, the Board approved the List of Bills and Transfers dated March 22, 2005 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. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
REPORT OF THE CHAIRMAN
Mr. Finnigan had nothing to report.
REPORT OF THE VICE-CHAIRMAN
Mr. Diacogiannis had nothing to report.
COURTESY OF THE FLOOR
It was noted that no one wished to offer any comment.
PLANNING & ZONING
Richard Ballerini of 5795 Monocacy Drive was present to request permission to construct a fence in a drainage easement at the intersection of Barbary Street & Monocacy Drive.
Mr. Birdsall recommended that the drainage easement remain open.
Mr. Salvesen stated if we have a hold harmless agreement, he would agree to allow it.
Mr. Diacogiannis stated we would be setting precedence.
Mr. Broughal stated that after the problems with Stafore Estates years ago, I thought the Board agreed they would not allow anything constructed in easements.
Mr. Colon agreed with Mr. Broughal and the Board should uphold the Engineers recommendation.
Mr. Walbert stated the Board should uphold the Engineers recommendation.
Mr. Finnigan moved to grant Mr. Ballerini of 5795 Monocacy Drive a waiver to allow a fence to be constructed in a Storm Water Easement subject to a hold harmless agreement satisfactory to the Township Manager and Township Solicitor.
Mr. Colon seconded the motion.
Mr. Finnigan no, Mr. Colon no, Mr. Walbert no, Mr. Salvesen no, Mr. Diacogiannis no.
The motion failed.
Mr. Ballerini asked if he could go for a variance.
Mr. Finnigan stated he could put a fence outside of the easement. The Township has an Ordinance that states nothing can be erected in an easement.
Attorney Kantra was present representing Shaker Hills Hospitality Group, purchaser of LVCC Lot 12 Limited Hotel & Restaurant. They have filed a conditional use application with the Township to construct a limited service hotel and restaurant facility. The conditional use requirement for a limited service hotel requires that access be provided at a signalized intersection. The traffic warrants are not sufficient for a traffic light at High Pointe Boulevard and Stoke Park Road. Attorney Kantra is looking for guidance as to how to approach the traffic light issue.
Mr. Finnigan stated that they would have to go to the Zoning Hearing Board to request a waiver of the traffic light requirement.
Mr. Sterner recommended they post the proper security for the future traffic light installation.
The
conditional use hearing will be held in May.
Mr. Walbert moved that the Board approve the following Ordinance for the amendment to the Zoning Map and that the Chairman and Secretary be authorized to sign the Ordinance for a piece of property from PIBD to C-2.
A discussion was held regarding this change.
Mr. Finnigan moved to table the motion.
Mr. Colon seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Mr. Walbert moved that the board approve the following Ordinance for the amendment to the Zoning Map and that the Chairman and Secretary be authorized to sign the Ordinance. This is to change some land from PIBD to R1-A.
ORDINANCE 05-01
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE HANOVER TOWNSHIP ZONING ORDINANCE TO PROVIDE FOR SENIOR RESIDENTIAL DEVELOPMENT AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH
Mr. Colon seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Mr. Walbert moved that the Board approve the following Ordinance for the amendment to the Zoning Map and that the Chairman and Secretary be authorized to sign the Ordinance.
ORDINANCE 05-02
AN ORDINANCE TO AMEND
THE TEXT OF THE HANOVER TOWNSHIP ZONING ORDINANCE TO PROVIDE FOR SENIOR
RESIDENTIAL DEVELOPMENT
Mr. Diacogiannis seconded the motion.
Mr. Broughal stated there was a minor change that had been brought up the last time we discussed this and the change was 25’ on the buffer to 30’. The way the Ordinance reads now is 25’ if you want to make the change to 30’, there will have to be an amendment. You are allowed to make an amendment as long as it is not a substantial change. Mr. Broughal stated it is not a substantial change.
Mr. Finnigan asked when would the amendment be made.
Mr. Broughal stated you would make the amendment prior to passing the ordinance.
Mr. Broughal stated that the change is in Section 185-28-1, D4b; the last sentence.
Mr. Walbert moved to amend the Ordinance in reference to Section 185-28-1; D-4-b to read as follows: “If the Developer chooses the aforementioned option, then the 25 foot building setback shall be measured from the property line.”
Mr. Salvesen seconded the motion for the amendment.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Mr. Finnigan asked for roll call on the original motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Mr. Walbert moved that the Board approve to authorize the Solicitor to advertise for a Public Hearing for a Zoning Map Amendment & Zoning Ordinance changing the Zoning District from Place Road to Wegmans Drive to LBD. Said hearing to be held April 26, 2005.
Mr. Salvesen seconded the motion.
After a discussion, the date for the hearing was changed to May 24, 2005.
Mr. Walbert amended the motion to change the date to May 24, 2005.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis.
A discussion was held concerning the Scheetz request to the City of Bethlehem for a request for a variance for a sign. Mr. Walbert stated we should have representation at the City’s Zoning Hearing Board meeting to oppose the variances being requested. What they are asking for would be way out of character for the Schoenersville Road corridor.
Mr. Finnigan directed the Solicitor and Engineer to represent the Township at the City of Bethlehem Zoning Hearing Board meeting.
Mr. Walbert moved that the board approve to appoint Mike Deschler as Special Solicitor to represent Hanover Township interests in the matter of Scheetz, Inc. for a request for a zoning variance in the City of Bethlehem.
Mr. Colon seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
PUBLIC WORKS
A discussion was held concerning Lower Nazareth Township’s request for a sanitary sewer conveyance in the amount of 60,000 gallons per day.
Mr. Finnigan directed the Township Engineer and Township Solicitor to review the request and report back to the Board at the next meeting.
ADMINISTRATION
Mr. Diacogiannis moved that the Board approve the following Resolution authorizing and empowering Berkheimer to impose and retain costs of collection of delinquent taxes:
RESOLUTION 05-07
A Resolution of the Governing Board of Supervisors Hanover Township, Northampton County, Pennsylvania, authorizing and empowering its Local Tax Collector, Berkheimer, to impose and retain costs of collection on delinquent taxes.
WHEREAS, Hanover Township, Northampton County, by Resolution and/or Ordinance, has levied, assessed and provided for the collection of certain local taxes under and pursuant to the authority of the Act No. 511 of the 1965 General Assembly of the Commonwealth of Pennsylvania, enacted December 31, 1965, and effective January 1, 1966, as amended; and
WHEREAS, Hanover Township, Northampton County, has hired Berkheimer to collects said taxes levied by the Hanover Township, Northampton County, including taxes that are or may become delinquent; and
WHEREAS, pursuant to Act 192 of the 2003-2004 General Assembly of the Commonwealth of Pennsylvania, Hanover Township, Northampton County, has the right to impose a cost of collection of taxes that become delinquent and/or that remain due and unpaid;
NOW, THEREFORE, BE IT RESOLVED that
1. Hanover Township, Northampton County APPROVES AND ADOPTS the Cost of Collection Schedule attached hereto and made a part of this Resolution to be imposed by BERKHEIMER upon any taxpayer whose taxes are or become delinquent and/or remain due and unpaid.
2. BERKHEIMER is authorized to retain costs of collection set forth in the attached schedule incurred in recovering delinquent taxes and assessed to the delinquent taxpayer as allowed by law.
3. Any Resolution or part of this Resolution conflicting with the provisions of this Resolution be and the same are hereby repealed to the extent of such conflict.
DELINQUENT
TAX COLLECTION
SCHEDULE OF COSTS
TO BE PAID BY THE TAXPAYER
The costs
assessed to the delinquent taxpayer are added to School and Municipal tax,
penalty and interest as follows:
Known place of employment:
Notice before Wage Attachment (sent Certified mail)
* if paid within 30 days $16.25
Wage Attachment $16.25
Place of employment unknown:
Pre-Collection Letter $12.50
Delinquent Tax Notice $10.50
Final Notice $ 9.50
Pre-Legal Sample Complaint with Letter $16.00
Real Estate Taxes:
Real Estate Pre-Collection Letter $39.50
Real Estate Delinquent Tax Notice $36.50
Real Estate Final Notice $25.25
Miscellaneous Delinquent Notices:
State List Discrepancy Courtesy Letter $ 6.00
Paid Before service* $ 4.00
Establishment of Payment Plan $15.00
Bad Check Letter Fee $20.00
*Paid Before Service – cost assessed to accounts paid during the interim period in which taxes are transitioning between current and delinquent collector.
Earned Income Tax Collection Notices:
Failure to File Earned Income tax Return $20.00
Delinquent Declaration of Quarterly Estimated
Earned Income Tax Form $20.00
Delinquent Emergency Municipal Services Tax Form
(formerly known as Occupational Privilege Tax) $30.00
Delinquent Employer Quarterly Return $30.00
Miscellaneous Earned Income Tax Notices:
No payment enclosed Notice $12.50
Bad Check Letter Fee $20.00
The taxing body receives the full amount of tax, penalty and interest. These costs remain the same whether the taxpayer owes one year or ten years of tax regardless of amount due; ten dollars or ten thousand.
TRESPASS AND ASSUMPSIT COMPLAINT: Court cost is advanced by Berkheimer and billed on a monthly basis to the taxing body. This cost is recovered at the time judgment is issued in favor of the taxing body and is reimbursed to the taxing body when paid by the taxpayer. Please note: If Berkheimer is the current Earned Income Tax Administrator – no court costs are advanced by the client. The court costs are paid by Berkheimer.
JUDGMENT EXECUTION: Cost for either a lien filing fee or actual Sheriff Sale is advanced by Berkheimer and billed to the taxing body on a monthly basis. Once the cost is recovered from the taxpayer it is reimbursed to the taxing body. All mechanics in executing the judgment in either case are handled by Berkheimer.
Notices, which are in most cases used mutually exclusive
from each other, may be sent in any order depending on collection efforts
required and associated charges are not listed in order of mailing or use. The
cost for notices are cumulative based upon the number and type of notices that
Berkheimer must send to successfully collect the delinquency.
Mr. Salvesen seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Mr. Diacogiannis moved that the Board approve the following Proclamation honoring Gerald Walter Broniec on his Eagle Award:
PROCLAMATION NO.
2005-03
A PROCLAMATION HONORING GERALD WALTER BRONIEC ON THE ACHIEVEMENT OF HIS EAGLE AWARD
WHEREAS, Gerald Walter Broniec has achieved a significant accomplishment in life’s path earning Eagle Award as a member of the Boy Scouts of America; and
WHEREAS, Gerald will officially receive his award during an Eagle Presentation Ceremony as a member of Boy Scout Troop 352, Notre Dame of Bethlehem Roman Catholic Church; and
WHEREAS, Gerald researched and then landscaped an underused court yard at Holy Family Manor in Bethlehem. The court yard did not present any opportunity for the elderly residents to enjoy the outdoors. Gerald researched what types of plants and outdoor furniture would be inviting to the residents while providing sufficient space for wheelchairs and being maintenance free as possible. With the assistance of fellow scouts and friends he landscaped the court yard with perennials, installed a decorative fountain and statue, and added benches. He made the courtyard a focal point for Holy Family Manor that would attract the elderly residents to the outdoors. His work will bring pleasure to the elderly residents for many years; and
WHEREAS, Gerald has exemplified the virtues of scouting and has exhibited leadership skills as a Senior Patrol Leader, Assistant Patrol leader, Patrol Leader, Librarian and Assistant Patrol Leader; and
NOW, THEREFORE, BE IT AND IT IS HEREBY PROCLAIMED, by the Board of Supervisors of Hanover Township, County of Northampton, and the Commonwealth of Pennsylvania:
That GERALD WALTER BRONIEC is applauded and recognized on the occasion of his Eagle Award and the Board of Supervisors congratulates him for his dedication and devotion in preserving the finest virtues of American life as set forth by the Scouting principals. The board of Supervisors also proclaim April 18, 2005 as Gerald Walter Broniec Day in Hanover Township.
Mr. Colon seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
It was noted that Mr. Finnigan reclused himself pertaining to the appointment of Administrative Director.
Mr. Diacogiannis moved that the Board approve to appoint Mr. John J. Finnigan, Jr. as Director of Administration, reporting to the Township Manager at an annualized salary of $80,958.00 per year ($1,556.88 week) paid weekly. Position is exempt. Mr. Finnigan will start his employment on April 11, 2005. This is a temporary transitional position until the retirement of Mr. N. James Sterner, at which time it is expected that Mr. Finnigan will be appointed the new Township Manager.
Mr. Salvesen seconded the motion.
Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
DEVELOPMENTS
Mr. Colon moved that the Board approve to authorize the Chairman and Secretary to sign the Assignment Site Plan Maintenance Agreement for Lot 47 in the Lehigh Valley Industrial Park IV.
Mr. Walbert seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr.
Salvesen yes, Mr. Diacogiannis yes.
Mr. Colon moved that the Board approve, based on the recommendation of the Township Engineer that the Board take the following action with respect to GMA at Northgate Site Plan:
1. That the Township reject the improvements as incomplete and urge the Developer to complete the “Punch List” items and request a re-inspection prior to May 31, 2005.
2. That the Developer provides as-built drawings showing the field changes to the approved plans.
3. That the developer adheres to Township Policy #25 (payment of Plans and Appeals Accounts).
Mr. Walbert seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Mr. Colon moved that the Board approve, based on the recommendation of the Township Engineer that the Board take the following action with respect to the Northgate II – 4 Lot Subdivision:
1. That the Township reject the improvements as incomplete and urge the developer to complete the “Punch List” items and request a re-inspection prior to May 31, 2005.
2. That the Township requests that the Developer confirm that the improvement security is being maintained at the minimum amount of $737,085.00 as required by the Second Extension Agreement.
3. That the Developer provides a Landscape Plan showing the location, species and size of the additional sixty (60) replacement trees, installs the trees and requests an inspection prior to May 31, 2005.
4. That the Developer adheres to Township Policy #25 (payment of Plans and Appeals Accounts).
Mr. Walbert seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
COURTESY OF THE FLOOR
Mr. Ballerini came before the Board again with the proposed fence at a different location.
Mr. Broughal stated that all we are doing tonight is granting relief from one side easement. There may be other zoning issues and he needs to speak with the zoning administrator and go over everything.
Mr. Finnigan moved that the Board approve to allow Mr. Ballerini to place a fence in the side easement subject to a Hold Harmless Agreement satisfactory to the Township Solicitor and Township Manager.
Mr. Colon seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
TOWNSHIP MANAGER’S REPORT
Mr. Sterner discussed a request from the Shade Tree Commission for the mulching of 450 trees in the Township. Mr. Sterner discussed the three proposals and prices.
Mr. Finnigan moved that the Board approve the mulching of 450 trees in various Township parks to Chris’s Lawn Service at the price of $2,600.00.
Mr. Colon seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
TOWNSHIP SOLICITOR’S REPORT
Mr. Broughal had nothing to report.
TOWNSHIP ENGINEER’S REPORT
Mr. Birdsall discussed DeLuca Homes - Monocacy Farms. They had asked for phasing of the improvements and to grant extension to allow for paving in a different season. Mr. Birdsall suggested that the Township Manager, Township Solicitor and Township Engineer to meet with Mr. Gitter to review their requests before the next Board meeting.
Mr. Sterner is unable to attend a meeting
because he will be on vacation.
Mr.
Birdsall suggested that the board authorize the Township staff to send a letter
to Mr. Gitter stating that the Board is not interested in phasing the job, but
would entertain normal extensions when the time is necessary.
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 Districts 5
& 6 had nothing to report any district.
Mr.
Finnigan closed the regular meeting at 9:16 P.M. and opened the Executive
Session to discuss personnel issues and possible litigation.
Mr.
Finnigan re-opened the regular meeting for adjournment at 10:40 P.M.
Upon
motion of Mr. Walbert, seconded by Mr. Colon, the Board approved adjournment at
10:40 P.M.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr.
Salvesen yes, Mr. Diacogiannis yes.
Linda
J. Sterner
Secretary/Treasurer