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, Attorney Wendy Nicolosi for Solicitor Broughal, Manager John J. Finnigan, Jr. and Public Works Director Kevin Healy.
The Pledge of Allegiance was performed.
Upon motion of Mr. Salvesen, seconded by Mr. Colon, the Board unanimously 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 April 25, 2006.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Upon motion of Mr. Salvesen yes, seconded by Mr. Colon yes, the Board approved the List of Bills and Transfers dated May 9, 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 reported that Mr. Nagle, Secretary Treasurer Stacy Milo and himself opened the insurance bid proposal and will hopefully award the bid at the next Supervisors meeting on May 23, 2006.
REPORT OF THE VICE-CHAIRMAN
Mr. Walbert had nothing to report.
SUPERVISORS COMMENTS
No one had any comments.
PLANNING & ZONING
A discussion was held on a Zoning Hearing Board petition for setbacks for the construction of a deck.
Mr. Walbert stated it poses no material problem and suggested the Zoning Hearing Board handle the petition.
Attorney Maloney was present representing the Strohl property on Township Line Road, along with Dan O’Donnell and associate of Attorney Maloney’s firm and Mr. Erb Gonen, owner of property referred to as the Strohl property.
Attorney Maloney referred to a map discussing the possible rezoning and asked the Board to consider rezoning the property from Agricultural to PIBD (Planned Industrial/Business District); which would permit more uses for the property. The petitioners are seeking to construct and own a warehouse facility on the property to replace the warehouse they currently rent in Allentown. The petitioners also are looking to maintaining a residence at the property by refurbishing the existing home structure.
Mr. Walbert questioned the spot-zoning and minimum lot size and that the Township Engineer and Solicitor investigate these items and any other issues he might see and report back to the Board at the next meeting.
Mr. Birdsall stated that PIBD is usually set up for larger developments that have internally planned streets; smaller developments in a PIBD district the uses aren’t necessarily compatible and stated he will look at all ranges of uses allowed in a PIBD district and if some of the uses are not compatible with a property of this nature, we wouldn’t necessarily want to recommend a rezoning that would open up a piece of land that small.
Mr. Colon questioned if a home is allowed in a PIBD district.
Mr. Finnigan stated that if you look at the current PIBD zoning, the property on Route 512; there are homes in a PIBD District because of a pre-existing condition.
Attorney Nicolosi stated that if we would rezone to PIBD, keep in mind any future uses by a different owner.
A discussion was held on Agricultural districts.
Attorney Maloney stated there may be other districts that this development could fit into.
Attorney Nicolosi stated that if within the next two weeks, you may want to check other zoning districts and if there are other ones that are more suitable, let us know; because if there is something better that PIBD as far as the Board’s concerned, we’d like to know those options also.
Mr. Finnigan recommended that this be the opportune time to review the Agricultural designations in that area.
Mr. Diacogiannis directed the Township Engineer and Township Solicitor to look into this request and get back to the Board at the next meeting with a recommendation of how to proceed.
ADMINISTRATION
Mr. Nagle moved that the Board approve to authorize the Chairman and Secretary to sign the Site Plan Improvements Agreement, the Site Plan Maintenance Agreement and the Declaration of Covenant and Agreement for Maintenance of Stormwater Management Facilities Agreement for 3910 Adler Place.
Mr. Colon seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Mr. Nagle
noted that the Bid Opening Meetings were held on
April 11, 2006 and May 4, 2006 for a fire pumper for the Hanover Township
Volunteer Fire Company No. 1. (Refer to
minutes).
Mr. Nagle moved that the Board award the bid for the fire pumper to East Penn Fire and Emergency Sales & Service, Inc.; Route 61 North/1130 Claude A. Lord Blvd.; P. O. Box 299; Pottsville, PA 17901 at a bid price of $380,835.00.
Mr. Nagle also moved that the Secretary notify East Penn Fire and Emergency Sales & Service, Inc. of their awarded bid, to notify the next qualified bidder that we will be holding their bid bond until the awarded bidder confirms, and to return all other bid bonds
Mr. Colon seconded the motion.
Mr. Finnigan stated he gave everyone the letter from the Fire Chief with his recommendation. Mr. Finnigan also advised the Board of an earlier conversation with Attorney Broughal’s office regarding an issue where the bid bond was not included in one of the bids and by law that bid has to be excluded because it was advertised in a newspaper, as all bids are required to be, with the requirements that the bid bond be included. The Fire Company has made some comments relative to the other three bidders and I sent that electronically today.
Mr. Birdsall stated that in the original motion it states “to notify the next highest bidder”; it should read “the next lowest qualified bidder”.
Mr. Nagle and Mr. Colon accepted the amendment to the motion.
Mr. Scott Milham from the Fire Company was present and went over the bids as to which best meets their bid specifications and discussed the bid from the company that did not supply a 10% bid bond. Mr. Milham stated that unfortunately the only bid that comes close to their specifications is the highest bidder and gave his reasons for not going with the awarded bidder.
Mr. Nagle withdrew the original motion.
Mr. Colon withdrew his second to the motion.
Attorney Nicolosi stated that the Board has three options, 1) to award a bid, 2) table this until the next meeting or 3) re-bid.
Mr. Finnigan stated that before we decide, we need to discuss the ordinance and commitment letters, because if you award any other bid but the lowest bid, the money is not available today, because we have a commitment letter for $425,000.00.
Mr. Milham asked what if the Fire Company was able to pay the difference to get truck that best suits their need.
The Board stated that needs to be up to the Fire Company to decide.
Mr. Finnigan suggested that we award the bid to Continental at a bid price of $447,314.00 subject to the HTVFC #1 providing the difference of $22,314.00 and to call a special meeting to vote on a decision so the bid can be awarded by the price increase date.
Mr. Nagle moved that the Board approve to award the bid to Marion Body Works/Continental Fire & Safety at a bid price of $447,314.00 subject to the HTVFC having a special meeting to authorize the expenditure of the difference between $425,000 and $447,314 by May 14, 2006 and to reject all other bids based on the letter from the HTVFC and the discussions held tonight for safety and bid specification deficiencies in the two lower bids.
Mr. Colon seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Mr. Milham thanked the Board for their help and their support of the Fire Company throughout the year.
Mr. Nagle moved to authorize the Township Manager to sign the Commitment Letters with National Penn Bank to finance the purchase of a fire truck and the purchase of 248 Brodhead Road.
Mr. Salvesen 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 to authorize the Township Solicitor to advertise the proposed Ordinance associated with the loans with National Penn Bank to finance the purchase of a fire truck and the purchase of 248 Brodhead Road.
Mr. Salvesen yes.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Mr. Nagle moved that the Board approve the following Resolutions for the applications for permits to install and operate traffic signals at S. R. 0512 (Bath Pike) and S. R. 3014 (Hanoverville Road)/Sterner’s Way and at S. R. 0512 (Bath Pike) and Jaindl Boulevard.
Resolution 06-04
WHEREAS, Hanover Township, Northampton County desires to erect, operate and maintain traffic signals on S. R. 0512 (Bath Pike) and S. R. 3014 (Hanoverville Road)/Sterner’s Way, and
WHEREAS, the Vehicle Code requires the approval of the Secretary of Transportation before any traffic signals may be legally erected or reconstructed, and
WHEREAS, the Department of Transportation requires an engineering drawing of the location, the Pidcock Company will prepare such a drawing in conformance with the instructions provided by the Department.
NOW, THEREFORE, BE IT RESOLVED, that traffic signals be erected at the above mentioned location, subject to the approval of the Secretary of Transportation, and that his approval is
hereby requested, and
BE IT FURTHER RESOLVED, that, in the event a traffic signal is approved after proper investigation, Hanover Township will be bound by the following provisions:
The traffic signal shall be installed and maintained in accordance with the Vehicle Code and the Regulations for traffic signs, signals, and markings of the Department of Transportation,
and
Should future highway or traffic conditions, or legal requirements, necessitate alteration of the construction or operation, or hours of operation, or removal of the traffic signals at the above mentioned location, they shall be altered or removed when and as directed by the Secretary of Transportation.
Resolution 06-05
WHEREAS, Hanover Township, Northampton County desires to erect, operate and maintain traffic signals on S. R. 0512 (Bath Pike) and Jaindl Boulevard, and
WHEREAS, the Vehicle Code requires the approval of the Secretary of Transportation before any traffic signals may be legally erected or reconstructed, and
WHEREAS, the Department of Transportation requires an engineering drawing of the location, the Pidcock Company will prepare such a drawing in conformance with the instructions provided by the Department.
NOW, THEREFORE, BE IT RESOLVED, that traffic signals be erected at the above mentioned location, subject to the approval of the Secretary of Transportation, and that his approval is
hereby requested, and
BE IT FURTHER RESOLVED, that, in the event a traffic signal is approved after proper investigation, Hanover Township will be bound by the following provisions:
The traffic signal shall be installed and maintained in accordance with the Vehicle Code and the Regulations for traffic signs, signals, and markings of the Department of Transportation,
and
Should future highway or traffic conditions, or legal requirements, necessitate alteration of the construction or operation, or hours of operation, or removal of the traffic signals at the above mentioned location, they shall be altered or removed when and as directed by the Secretary of Transportation.
Mr. Salvesen seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
DEVELOPMENTS
Mr. Dominic Villani of 715 Jennings Street, Bethlehem, PA. 18017 was present representing the Becker/Minor Subdivision.
Mr. Colon moved that the Board, as recommended by the
Township Engineer, approve to adopt the terms and conditions relative to the
Preliminary/Record Plan for Becker Minor Subdivision, 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:
It is noted that Mr. Villani has agreed with and
signed the conditions.
CONDITIONS
1. The Developer/Owner will provide a
description and a Plot Plan for a Deed of Dedication for each of the following:
A.
Place Road
B.
Jacksonville Road (SALDO Section 159-30E.(9)).
2. The Developer/Owner will provide a
description and a Plot Plan for vacating Place Road right-of-way. (SALDO Section 159-30E.(10)).
3. The Developer/Owner will enter into an
Improvements Agreement with the Township and provide appropriate security. (SALDO Section 159-30D.(5)).
A.
The Improvements Agreement will include a notarized
statement, satisfactory to the Township Solicitor, stating that the Township
will 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 will include provisions satisfactory to the Township
Solicitor, that the stormwater collection, conveyance and control facilities
located on private property will be properly operated and maintained.
(Stormwater Section 152-10M.).
4. The Developer/Owner will enter into a
Maintenance Agreement with the Township and provide appropriate security. (SALDO Section 159-30D.(6)).
5. The Developer/Owner will provide a plan
containing the Uniform Parcel Identifier Number and street address for each lot
in the development. (SALDO Section
159-30E.(8)).
6. The Developer/Owner will provide an
Open Space Contribution of $10,400.00 for two (2) new lots (0.08 x
$130,000.00/Acre). (SALDO Section
159-16).
7. The Developer/Owner will provide a
Tapping Fee of $2,511.46 (2 Lots x $1,255.73/Lot), a Connection Fee of $795.00
(2 Lots x $397.50/Lot) and a Customer Facilities Fee of $660.00 (2 Lots x
$330.00/Lot). These fees are payable at
the time the individual Building Permits are applied for on each building lot. (Tapping and Connection Fee Ordinance 05-06).
8. The Developer/Owner will provide an
Impact Fee of $646.00 for 2 PM Peak Hour Trips (2 PM Peak Hour Trips x
$323.00/PM Peak Hour Trip). This fee is
payable at the time the Building Permit is applied for on the building lot. (Impact Fee Ordinance 91-12, Resolution
97-11).
9. The Developer/Owner will pay all
current fees, including any outstanding plans and appeals account charges. (SALDO Section 159-36J).
10. The Developer/Owner will 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).
11. The Developer/Owner will meet all
conditions of the Preliminary/Record Plan approval, and the Record Plan will 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 will be considered void, and the application for Preliminary/Record
Plan approval will be considered void and withdrawn.
The Developer/Owner
understands that the granting of conditional approval of this plan recognizes
that the Township is agreeing to the following on the Subdivision Plan:
A. That the Board of Supervisors waive the
requirement that street trees be planted along Jacksonville Road and to allow
the existing trees to remain. (SALDO
Section 159-17C.(4)).
B. That the Board of Supervisors waive the
requirement that the location, trunk diameter and species of all existing trees
be shown on the plan. (SALDO Section
159-29C.(6)(a)).
C. That the Board of Supervisors waive the requirement that the plan designate all trees to be saved or to be removed. (SALDO Section 159-29C.(6)(b)).
Mr. Walbert seconded the motion.
Mr. Colon yes, Mr. Salvesen yes,
Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Mr. Andy Twiggar 1665 Valley Center Parkway,
Bethlehem, PA. 18017 was present representing LVCC I Lot 2.
Mr. Colon moved that the Board, as recommended by the Township Engineer, approve to adopt the terms and conditions relative to the Preliminary/Record Plan for LVCC I Lot 2 Valley Center Professional Building, 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:
It is noted that the Developer has agreed with and signed
the conditions.
CONDITIONS
1. The Developer/Owner agrees that this
approval only permits a maximum occupancy of professional/medical space in the
building of 75%. (Zoning Section
185-17).
2. The Developer/Owner will enter into an
Improvements Agreement with the Township and provide appropriate security. (S.A.L.D.O. Section 159-30D(5).).
C.
The Improvements Agreement will include a notarized
statement, satisfactory to the Township Solicitor, stating that the Township
will be held harmless against any claim of damage from the downstream property
owners that may result from the proposed development. (Stormwater Section 152-10E.).
D.
The Improvements Agreement and a separate covenant
running with the land will include provisions satisfactory to the Township
Solicitor, that the stormwater collection, conveyance and control facilities
located on private property will be properly operated and maintained. (Stormwater
Section 152-10M.).
3. The Developer/Owner will enter into a
Maintenance Agreement with the Township and provide appropriate security. (S.A.L.D.O. Section 159-30D.(6).).
4. The Developer/Owner will provide an
Impact Fee of $5,491.00 for 17 PM Peak Hour Trips (17 PM Peak Hour Trips x
$323.00/PM Peak Hour Trip). This fee is
payable at the time the Building Permit is applied for on the building
lot. (Impact Fee Ordinance 91-12, Resolution
97-11).
5. The Developer/Owner will pay all
current fees, including any outstanding plans and appeals account charges. (S.A.L.D.O. Section 159-36J.).
6. The Developer/Owner will 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.).
The
Developer/Owner understands 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 the trunk diameter and species of all trees be shown on the
plan and to only require this for the trees in the areas of proposed
disturbance from construction. (Zoning
Ordinance Section 185-22G.).
B. That the Board of Supervisors waive the
requirement that a Noise Study be provided when land abuts an arterial
road. (SALO Section 159-25).
Mr. Walbert 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, grant the
Developer of the Davis Subdivision the requested release for Escrow Release No.
2 in the amount of $23,942.30 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 $88,416.60, for the work remaining plus contingencies;
2.
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. Nagle seconded the motion.
Mr. Colon yes, Mr. Salvesen
yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Mr. Michael Dunn was present representing LVIP IV Lot 47
Land Development Plan.
Mr.
Colon moved that the Board, as recommended by the Township Engineer, take the
following actions relative to LVIP IV Lot 47 Land Development Plan:
1.
Release the
Developer from his maintenance responsibilities; and
2.
Return the
Maintenance Security upon the Developer adhering to Township Policy #25 (Payment of Plan & Appeals
Accounts).
Mr. Colon further moved to notify the Owner/Developer of the Board’s action relative to this matter.
Mr. Walbert 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, grant the
Developer of Hanover Pointe the requested release for Escrow Release No. 15 in
the amount of $174,729.27 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 May 12, 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 $1,615,325.70, 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. Walbert seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Mr. Colon noted for the record that the Developer of Minrad, Inc. Land Development Plan for Proposed Building Addition has granted the Board an extension of 30 days to June 30, 2006.
Mr. Joshua
Levinson, Mr. Tim Schaffer, and Mr. John McNeary were present representing
Minrad, Inc. to give an overview of their company and to discuss specifics of
the plan, including the purpose of the expansion with a tank farm, measures
taken to ensure fire safety, as well as job creation.
Mr. Colon noted for the record that the Developer of the Dewire Estates Subdivision has granted the Board an extension of 60 days to August 30, 2006.
Mr. Colon noted for the record that the Developer of Faulkner Cadillac, Chevrolet, Inc. has granted the Board an extension of 60 days to July 14, 2006.
Mr. Colon noted for the record that Sotel Enterprises Hanover Highlands Lot 2 has granted the Board an extension of 60 days to July 14, 2006.
COURTESY OF THE FLOOR
Mr. William Stoerrle, 595 Angelo Drive, asked for clarification on standard procedures for a zoning change.
Mr. Walbert & Attorney Nicolosi explained the procedures.
A discussion was held on the different types of zoning.
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
Attorney
Nicolosi had nothing to report.
TOWNSHIP MANAGER’S REPORT
Mr.
Finnigan reported on the following items:
·
Financial Reports for
April were distributed. 89% of Real Estate Tax revenue is in. The interim tax
revenue is low, mainly because the County is approximately six months behind.
·
Macada &
Jacksonville Intersection improvements are on target and is scheduled to be
re-opened May 23. Authorized the Fire Hydrant change which was a $6,500
addition. After meeting with Mr. Diacogiannis and Mr. Walbert, they asked me to
look into switching the sidewalk in front of the Seventh Day Adventist Church
and the Almer property, which is from Jacksonville and Macada to Jacksonville
and Yorkshire from the way the bid was proposed for a macadam sidewalk, which
would have been $11,100 and to go with a concrete sidewalk; which is $20,545,
which necessitates a change order of $9,445.
The Board supports both change orders.
·
Discussed the
Greenfield Builders vs. Lower Nazareth Township lawsuit in regards to
conditional use restrictions relative to traffic generation, etc. The Board
previously agreed that if there were any way for Hanover Township to weigh in
on the side of Lower Nazareth Township; that we should; need authorization to
obtain legal services through the Special Solicitor relative to this. The Board directed the Township Manager to
obtain legal services of the Special Solicitor.
·
Have a Hold Harmless
Agreement for signature in regards to a driveway installation for Salim &
Ghada Kassis 5789 Monocacy Drive.
Mr. Nagle moved that the Board approve to authorize the
Chairman and Secretary to sign the Hold Harmless Agreement between Hanover
Township and Salim & Ghada Kassis.
Mr. Colon
seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert
yes, Mr. Diacogiannis yes.
·
Discussed the swale area behind Hanover
Crossing and the survey that was done
·
Sousa Concert on May 7th
had a record attendance.
·
Community Fair will be
held May 20th starting at 12 Noon
·
CRPD was awarded a
grant called “Smooth Operator” to control speeding and reckless driving. In the
Township the target area is Route 512 and Schoenersville Road from Eighth
Avenue up to Airport Road, including the jurisdiction that is not CRP.
·
Discussed fire
incident at the Community Center and the opportunity to expand staff training
& revise procedures. HTVFC will run training on May 22 or 24th.
Mr. Colon
asked about the NIMS Training and what is required.
Mr.
Finnigan that the one next week is the IS100 and is different from the previous
course.
Mr.
Diacogiannis reported that 2 people attended his monthly Monday meeting.
Upon motion of Mr. Walbert, seconded by Mr. Nagle, the Board approved adjournment at 10:11 P.M.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Stacy C. Milo
Secretary/Treasurer