The regular semi-monthly meeting of the Board of Supervisors, Hanover Township, Northampton County, was called to order by Chairman John N. Diacogiannis at the Hanover Township Community Center, 3660 Jacksonville Road, Bethlehem, Pennsylvania, 18017 at 7:30 P.M.
Present were Supervisors Colon, Salvesen, Nagle and Walbert, Engineer Birdsall, Solicitor Broughal, Public Works Director Healy, and Township Manager Finnigan.
The Pledge of Allegiance was performed.
Upon motion of Mr. Nagle, seconded by Mr. Colon, the Board approved the Agenda with an addition to an item under Administration.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Upon motion of Mr. Nagle, seconded by Mr. Walbert, the Board approved the minutes as written, from the meeting of the Board of Supervisors dated October 23, 2007.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Upon motion of Mr. Nagle, seconded by Mr. Colon, the Board approved the List of Bills and Transfers dated November 13, 2007 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.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
COURTESY OF THE FLOOR
Luann Coglan of 425 Wedgewood Road was present to express her concerns and opinions regarding the Yard Waste Policy.
Mr. Finnigan explained the Policy.
Mr. Diacogiannis stated that the Township is working through this as best as we can and as we go through the process, changes may occur.
Mr. John Soden was present to advise the Board on lights in the Industrial Park that are still not working that he reported to the Township six weeks ago.
Mr. Diacogiannis stated the Township office has been after PPL to take care of these lights and the matter is being addressed.
Mr. Soden questioned the detention pond at Gwenmawr and the water that stays in the pond.
Mr. Finnigan stated that it is designed to hold water and release it in accordance to Department of Environmental Protection standards.
Resident asked if the Township has a contract with the City of Bethlehem Compost Center and we still have to pay a fee.
Mr. Diacogiannis stated yes.
REPORT OF THE CHAIRMAN
Mr. Diacogiannis reported that he, along with Mr. Finnigan and Mr. Nagle attended the quarterly meeting with the Fire Company prior to the Board Company.
REPORT OF THE VICE-CHAIRMAN
Mr.
Walbert had nothing to report.
APPOINTMENTS AND RESIGNATIONS – BOARDS, COMMISSIONS AND
COMMITTEES
Mr. Nagle
moved that the Board approve to appoint Ms. Emily Mary Kocis of 4205 Gloria
Lane, to the Special Events Committee with the term expiring January 1, 2008.
Mr. Nagle further moved to authorize the Secretary to notify Ms. Kocis and the
Special Events Committee of the appointment.
Mr.
Salvesen seconded the motion.
Mr.
Diacogiannis congratulated and welcomed Ms. Kocis.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert
aye, Mr. Diacogiannis aye.
PLANNING & ZONING
Mr.
Walbert introduced a Public Hearing for Conditional Use Application from
Traditions of America for an Active Adult Community at 395 Bridle Path Road.
Mr.
Walbert closed the regular meeting and opened the Public Hearing. It was noted
for the record that the hearing has been duly advertised and the Secretary has
proof of publication. A Court Stenographer was present to record all testimony.
After
everyone who wished to speak, had spoken, the public hearing was closed and the
regular meeting was re-opened.
It was
noted that the Board will consider this for decision at the November 27, 2007
meeting.
Mr.
Walbert noted for the record that the application for conditional use,
submitted by St. Luke’s Hospital, for retail sales at 77 South Commerce Way
(LVIP IV Lot 32) has been withdrawn.
Mr.
Finnigan stated that the Zoning Hearing Board determined that this was an
accessory use.
Mr.
Walbert introduced a petition for Interpretation and Zoning Variance: Multiple
Variances in the C-2 Zoning District that will be before the Zoning Hearing
Board for 6000 Sterner’s Way/Hanover Corporate Center II, Lot 3.
Mr. Walbert
directed the Township Engineer and Township Solicitor to attend the Zoning
Hearing Board meeting to insure that the items listed in Jaindl’s Plan are
properly addressed for the petition for 6000 Sterner’s Way/Hanover Corporate
Center II, Lot 3.
Mr.
Walbert introduced a petition for Zoning Variance: Expand Non-Conforming
Property in a MCPD at 6909 Steuben Road that will be before the Zoning Hearing
Board.
Mr. Finnigan
directed that the Board not take any action and allow the petitioner to present
their case for the petition for 6909 Steuben Road. Mr. Finnigan stated that
this petitioner wants to knock down 3 non-conforming garages and have just 1. Mr.
Finnigan stated he does not see a problem with that.
Mr.
Walbert introduced a petition for Zoning Variances for Multiple Variances in
LBD at 3759 Bath Pike and 3779 Bath Pike that will be before the Zoning Hearing
Board.
Mr.
Diacogiannis directed the Township Engineer and Township Solicitor to attend
the Zoning Hearing Board meeting to uphold the Township Ordinances for the
petition for 3759 Bath Pike and 3779 Bath Pike.
Mr.
Finnigan stated this is the on-going petition for the proposed Commerce Bank.
The Board
agreed to set December 11, 2007 as the date for a conditional use hearing for a
fitness center for the property located at 77 South Commerce Way (Third Floor).
ADMINISTRATION
Mr. Nagle
moved that the Board approve to waive the penalty and interest on Mercantile
Tax owed by Kurt Fisher dba US Recording.
Mr.
Walbert seconded the motion.
A
discussion was held.
Mr. Colon aye, Mr. Salvesen no, Mr. Nagle no, Mr. Walbert
no, Mr. Diacogiannis no.
The motion
failed.
Mr.
Diacogiannis directed the Secretary to send Mr. Fisher a letter stating the
Board’s decision.
Mr. Nagle
moved that the Board approve the Salary Increase Guidelines for 2008 as
presented to the Board by the Township Manager.
Mr.
Walbert seconded the motion.
Mr.
Diacogiannis thanked the Township Manager for his time and effort in putting
this together. This is something that is long overdue.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert
aye, Mr. Diacogiannis aye.
Mr. Nagle
moved that the Board approve the Salary Wage Scale as presented to the Board by
the Township Manager.
Mr. Colon
seconded the motion.
A discussion
was held on the “sub-note”, the process and the salary guidelines.
Mr. Colon aye, Mr. Salvesen no, Mr. Nagle aye, Mr. Walbert
aye, Mr. Diacogiannis aye.
Mr. Nagle
introduced the Agreements and Resolutions between Hanover Township and
Berkheimer Associates.
Mr.
Broughal stated there are a number of motions consisting of 4 Resolutions and 5
Agreements with Berkheimer for the collection of our various taxes. These
resolutions deal with the collection of the taxes and there is an agreement
that relates to each resolution and one agreement with regard to Berkheimer
Outsourcing.
Mr.
Broughal stated the Chairman will see that on each agreement there are two
paragraphs that he and Berkheimer could not agree on and he crossed out the two
paragraphs that are in dispute. There is a provision in each agreement that
talks about the non-liability of Berkheimer and disclaimers. There are 6
paragraphs; 4 of which he has no problem with and basically states if the
Township gives Berkheimer bad information, they are not liable.
Then there are provisions that say “incorrect, illegal,
improper information submitted by any other source”; they are not liable.
Mr. Broughal stated he does not agree with
that and is not going to allow the Township to be responsible for errors given
by other sources.
The Board
agreed.
The Board
asked if one motion can be made for all the resolutions and agreements.
Mr.
Broughal stated yes.
Mr. Nagle
moved that the Board approve the following motions in regards to resolutions
and agreements between Hanover Township and H.A. Berkheimer, Inc:
To adopt Resolution No. 12 authorizing
Hanover Township, Northampton County, to retain H. A. Berkheimer, Inc., as the
exclusive Tax Officer with respect to the Business Privilege Tax/Mercantile Tax
for the term commencing January 1, 2008 and ending December 31, 2010.
RESOLUTION No. __12_____
RESOLUTION
OF THE GOVERNING BOARD OF HANOVER TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA,
AUTHORIZING, EMPOWERING and directing the proper officers of the governing
board to execute an agreement with Berkheimer whereunder Berkheimer Is Retained
as the exclusive Tax Officer for the collection, administration, receipt and
enforcement of the provisions of the respective tax enactment of the governing
board levying and assessing the Business Privilege Tax/Mercantile Tax for the
term herein defined, together with such extensions as May be agreed upon, said
tax enactment having been adopted under and pursuant to the authority of the
Pennsylvania Local Tax Enabling Act (act 511, P.L. 1257); and approving and
adopting the rules and regulations prepared by Berkheimer to administer and
enforce the Business Privilege Tax/Mercantile Tax.
WHEREAS,
Act No. 511 of the 1965 General Assembly of the Commonwealth of Pennsylvania,
enacted December 31, 1965, and effective January 1, 1966, authorizes A certain
political subdivisions, including, Hanover Township, Northampton County, to
levy, assess and collect a tax assess and collect a tax on the privilege of
engaging in a business, as therein with more particularity specified, generally
and hereinafter referred to as the Business Privilege Tax/Mercantile Tax; and
WHEREAS,
including, Hanover Township, Northampton County, by Resolution and/or
Ordinance, has levied, assessed and provided for the collection of such
Business Privilege Tax/Mercantile Tax; and
WHEREAS,
Section 10 of said Act of 1965, specifies that any such political subdivision
may provide for the creation of such bureaus or the appointment and
compensation of such officers, clerks, collectors and other assistants and
employees as may be deemed necessary for the assessment and collection of taxes
imposed under the authority of that Act; and
WHEREAS,
including, Hanover Township, Northampton County, and Berkheimer have negotiated
an Agreement whereby and whereunder it will hire Berkheimer to collect the
Business Privilege Tax/Mercantile Tax levied by Hanover Township, Northampton
County, and
WHEREAS,
including Hanover Township, Northampton County, recognizes the legal obligation
and practical necessity for Berkheimer to establish and maintain consistent
rules and regulations to be used in the efficient administration and collection
of said taxes;
THEREFORE,
BE IT RESOLVED that
1. Hanover
Township, Northampton County hereby appoints Berkheimer as its exclusive
collector of its BUSINESS PRIVILEGE TAX/MERCANTILE TAXES for the initial term
commencing January 1, 2008 and ending December 31, 2010, and any subsequent
renewal terms thereafter, said initial and renewal periods to include all
quarterly and annual collections pertinent to the tax years therein. This appointment resolution shall be deemed
to encompass any renewal terms agreed upon by the parties without further
reenactment of this resolution or re-appointment.
2. Further,
Hanover Township, Northampton County approves and adopts the Agreement
negotiated with Berkheimer for the collection of the BUSINESS PRIVILEGE
TAX/MERCANTILE TAX.
3. And
further, Hanover Township, Northampton County adopts and incorporates the
Business Privilege Tax/Mercantile Tax Rules and Regulations as promulgated by
Berkheimer, in their entirety.
4. 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.
To authorize the Chairman of the Board of Supervisors to execute the
Agreement between Hanover Township, Northampton County and H.A. Berkheimer,
Inc., as the exclusive Tax officer with respect to the Business Privilege
Tax/Mercantile Tax for the term commencing January 1, 2008 and ending December
31, 2010.
To adopt
Resolution No. 13, authorizing Hanover Township, Northampton County, to retain
H.A. Berkheimer, Inc., as the exclusive Tax Officer with respect to the
Emergency and Municipal Service Tax for the term commencing January 1, 2008 and
ending December 31, 2010.
RESOLUTION
No. _13__
A RESOLUTION OF THE
GOVERNING BOARD OF HANOVER TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA,
AUTHORIZING, EMPOWERING and directing the proper officers of the governing
board to execute an agreement with Berkheimer whereunder Berkheimer Is Retained
as the exclusive Tax Officer for the collection, administration, receipt and
enforcement of the provisions of the respective tax enactment of the governing
board levying and assessing the Emergency and Municipal Service Tax for the
term herein defined, together with such extensions as May be agreed upon, said
tax enactment having been adopted under and pursuant to the authority of the
Pennsylvania Local Tax Enabling Act (act 511, P.L. 1257); and approving and
adopting the rules and regulations prepared by Berkheimer to administer and
enforce the Emergency and Municipal Service Tax.
WHEREAS, Act No. 511 of
the 1965 General Assembly of the Commonwealth of Pennsylvania, enacted December
31, 1965, and effective January 1, 1966, authorizes certain political
subdivisions, including, HANOVER TOWNSHIP, NORTHAMPTON COUNTY, to levy, assess
and collect a tax assess and collect a tax on the privilege of engaging in an
occupation, as therein with more particularity specified, generally and
hereinafter referred to as the “Emergency and Municipal Service Tax;” and WHEREAS, HANOVER TOWNSHIP, NORTHAMPTON
COUNTY, by Resolution and/or Ordinance, has levied, assessed and provided for
the collection of such Emergency and Municipal Service Tax; and
WHEREAS, Section 10 of
said Act of 1965, specifies that any such political subdivision may provide for
the creation of such bureaus or the appointment and compensation of such
officers, clerks, collectors and other assistants and employees as may be
deemed necessary for the assessment and collection of taxes imposed under the
authority of that Act; and
WHEREAS, HANOVER
TOWNSHIP, NORTHAMPTON COUNTY, and Berkheimer have negotiated an Agreement
whereby and whereunder it will hire Berkheimer to collect the EMERGENCY AND
MUNICIPAL SERVICE TAX levied by HANOVER TOWNSHIP, NORTHAMPTON COUNTY, and
WHEREAS,
HANOVER TOWNSHIP, NORTHAMPTON COUNTY, recognizes the legal obligation and
practical necessity for Berkheimer to establish and maintain consistent rules
and regulations to be used in the efficient administration and collection of
said taxes;
THEREFORE, BE IT RESOLVED
that:
1. HANOVER
TOWNSHIP, NORTHAMPTON COUNTY hereby appoints Berkheimer as its exclusive
collector of its EMERGENCY AND MUNICIPAL SERVICE TAX for the initial term
commencing January 1, 2008 and ending December 31, 2010, and any subsequent
renewal terms thereafter, said initial and renewal periods to include all
quarterly and annual collections pertinent to the tax years therein. This appointment resolution shall be deemed
to encompass any renewal terms agreed upon by the parties without further
reenactment of this resolution or re-appointment.
2. Further,
BERKHEIMER is authorized to retain any costs of collection incurred in
recovering delinquent taxes and assessed to the delinquent taxpayer as allowed
by law.
3. Further,
HANOVER TOWNSHIP, NORTHAMPTON COUNTY approves and adopts the Agreement
negotiated with Berkheimer for the collection of the EMERGENCY AND MUNICIPAL
SERVICE TAX.
4. And
further, HANOVER TOWNSHIP, NORTHAMPTON COUNTY adopts and incorporates the
Emergency and Municipal Service Tax Rules and Regulations as promulgated by
Berkheimer, in their entirety.
5. 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.
To authorize the Chairman of the Board of Supervisors to execute the
Agreement between Hanover Township, Northampton County and H.A. Berkheimer,
Inc., as the exclusive Tax officer with respect to the Emergency and Municipal
Service Tax for the term commencing January 1, 2008 and ending December 31,
2010.
To adopt
Resolution No. 14, authorizing Hanover Township, Northampton County, to retain
H.A. Berkheimer, Inc., as the exclusive Tax Officer with respect to the Earned
Income Tax for the term commencing January 1, 2008 and ending December 31,
2010.
RESOLUTION
No. __14______
A RESOLUTION OF THE GOVERNING BOARD OF HANOVER
TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA, AUTHORIZING, EMPOWERING and
directing the proper officers of the governing board to execute an agreement
with Berkheimer whereunder Berkheimer Is Retained as the exclusive Tax Officer
for the collection, administration, receipt and enforcement of the provisions
of the respective tax enactment of the governing board levying and assessing
the earned income tax for the term herein defined,
together with such extensions as May be agreed upon,
said tax enactment having been adopted under and pursuant to the authority of
the Pennsylvania Local Tax Enabling Act (act 511, P.L. 1257); and approving and
adopting the rules and regulations prepared by Berkheimer to administer and
enforce the EARNED INCOME/net profits tax.
WHEREAS,
Act No. 511 of the 1965 General Assembly of the Commonwealth of Pennsylvania,
enacted December 31, 1965, and effective January 1, 1966, authorizes certain
political subdivisions, including, HANOVER TOWNSHIP, NORTHAMPTON COUNTY, to
levy, assess and collect a tax assess and collect a tax on salaries, wages,
commissions, compensation and earned income of individuals, as therein with
more particularity specified, generally and hereinafter referred to as the
Earned Income Tax; and WHEREAS, including
, HANOVER TOWNSHIP, NORTHAMPTON COUNTY, by Resolution and/or Ordinance, has
levied, assessed and provided for the collection of such Earned Income Tax; and
WHEREAS,
Section 10 of said Act of 1965, specifies that any such political subdivision
may provide for the creation of such bureaus or the appointment and
compensation of such officers, clerks, collectors and other assistants and
employees as may be deemed necessary for the assessment and collection of taxes
imposed under the authority of that Act; and
WHEREAS,
including, HANOVER TOWNSHIP, NORTHAMPTON COUNTY, and Berkheimer have negotiated
an Agreement whereby and whereunder it will hire Berkheimer to collect the
EARNED INCOME TAX levied by the HANOVER TOWNSHIP, NORTHAMPTON COUNTY, and
WHEREAS,
including HANOVER TOWNSHIP, NORTHAMPTON COUNTY, recognizes the legal obligation
and practical necessity for Berkheimer to establish and maintain consistent
rules and regulations to be used in the efficient administration and collection
of said taxes;
THEREFORE,
BE IT RESOLVED that
1.
HANOVER TOWNSHIP,
NORTHAMPTON COUNTY hereby appoints Berkheimer as its exclusive collector of its
EARNED INCOME TAXES for the initial term commencing January 1, 2008 and ending
December 31, 2010, and any subsequent renewal terms thereafter, said initial
and renewal periods to include all quarterly and annual collections pertinent
to the tax years therein. This
appointment resolution shall be deemed to encompass any renewal terms agreed upon
by the parties without further reenactment of this resolution or
re-appointment.
2.
Further, BERKHEIMER is
authorized to retain any costs of collection incurred in recovering delinquent
taxes and assessed to the delinquent taxpayer as allowed by law.
3.
And further, HANOVER
TOWNSHIP, NORTHAMPTON COUNTY approves and adopts the Agreement negotiated with
Berkheimer for the collection of the EARNED INCOME TAX.
4.
And further, HANOVER
TOWNSHIP, NORTHAMPTON COUNTY adopts and incorporates the Earned Income Tax
Rules and Regulations as promulgated by Berkheimer, in their entirety.
5.
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.
To authorize the Chairman of the Board of
Supervisors to execute the Agreement between Hanover Township, Northampton
County and H.A. Berkheimer, Inc., as the exclusive Tax officer with respect to
the Earned Income Tax for the term commencing January 1, 2008 and ending
December 31, 2010.
To adopt Resolution No. 15, authorizing Hanover Township, Northampton County, to retain H.A. Berkheimer, Inc., as the exclusive Tax Officer with respect to the Real Estate Taxes for the term commencing January 1, 2008 and ending December 31, 2010.
RESOLUTION No. ___15_____
A RESOLUTION OF THE GOVERNING BOARD OF HANOVER
TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA, AUTHORIZING, EMPOWERING and
directing the proper officers of the governing board to execute an agreement
with Berkheimer whereunder Berkheimer Is APPOINTED as the Tax COLLECTOR for the
collection of REAL ESTATE taxES for the term herein defined, together with such
extensions as May be agreed upon, said tax enactment having been adopted under
and pursuant to the authority of the Pennsylvania Local Tax COLLECTION LAW.
WHEREAS,
72 P.S. §5453.201 allows for the imposition of a tax upon real estate; and WHEREAS, Hanover Township,
Northampton County, by Resolution and/or Ordinance, has levied, assessed and
provided for the collection of such Real Estate Tax; and
WHEREAS,
Section 22 of the Local Tax Collection Law, 72 P.S. §5511.22, allows Hanover
Township, Northampton County and its tax collector to appoint in writing one or
more tax collectors to receive and
collect taxes in a like manner and with like authority as the tax collector
appointing them; and
WHEREAS,
Hanover Township, Northampton County, and Berkheimer have negotiated an
Agreement whereby and whereunder it will hire Berkheimer as a deputy tax
collector to collect taxes for Hanover Township, Northampton County,
THEREFORE,
BE IT RESOLVED that:
6.
Hanover Township,
Northampton County hereby appoints Berkheimer as its tax collector of its REAL
ESTATE TAX for the initial term commencing January 1, 2008 and ending December
31, 2010, and any subsequent renewal terms thereafter. This appointment resolution shall be deemed
to encompass any renewal terms agreed upon by the parties without further
reenactment of this resolution or re-appointment.
7.
Further, Hanover
Township, Northampton County approves and adopts the Agreement negotiated with
Berkheimer for the collection of the REAL ESTATE TAX.
8.
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.
To authorize the Chairman of the Board of
Supervisors to execute the Agreement between Hanover Township, Northampton
County and H.A. Berkheimer, Inc., as the exclusive Tax officer with respect to
the Real Estate Taxes for the term commencing January 1, 2008 and ending
December 31, 2010.
To adopt Resolution No. 16, authorizing Hanover Township, Northampton
County, to retain H.A. Berkheimer, Inc., as the exclusive Tax Officer with
respect to collection of Delinquent Taxes for the term commencing January 1,
2008 and ending December 31, 2010.
RESOLUTION
No. _16___
A
RESOLUTION OF THE GOVERNING BOARD OF 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 collect 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 on taxes that become delinquent and/or that remain due and
unpaid;
NOW,
THEREFORE, BE IT RESOLVED that
9.
HANOVER TOWNSHIP,
NORTHAMPTON COUNTY approves and adopts the Cost of Collection Schedule attached
hereto and made apart of this Resolution to be imposed by BERKHEIMER upon any
taxpayer whose taxes are or become delinquent and/or remain due and unpaid.
10.
BERKHEIMER is
authorized to retain said costs of collection set forth in the attached
schedule incurred in recovering delinquent taxes and assessed to the delinquent
taxpayer as allowed by law.
11.
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.
To adopt Resolution No. 17, authorizing Hanover Township, Northampton
County, to appoint H.A. Berkheimer, Inc., as its Tax Hearing Officer for the
term commencing January 1, 2008 and ending December 31, 2010.
RESOLUTION NO. __17_
A
RESOLUTION OF THE GOVERNING BOARD OF HANOVER TOWNSHIP, NORTHAMPTON COUNTY,
PENNSYLVANIA, AUTHORIZING, EMPOWERING and directing the proper officers of the
governing board to appoint Berkheimer as its tax hearing officer under and
pursuant to the local taxpayers bill of rights for the express purpose of
adjudicating appeals thereunder.
WHEREAS,
Act No. 511 of the 1965 General Assembly of the Commonwealth of Pennsylvania, enacted
December 31, 1965, and effective January 1, 1966, authorizes certain political
subdivisions, including HANOVER TOWNSHIP, NORTHAMPTON COUNTY, to levy, assess
and collect certain local taxes on taxpayers, for general revenue producing
measures; and
WHEREAS,
HANOVER TOWNSHIP, NORTHAMPTON COUNTY, by Resolution and/or Ordinance, has
levied, assessed and provided for the collection of the Earned Income Tax,
Business Privilege/Mercantile and Emergency and Municipal Service Tax; and
WHEREAS,
Section 10 of said Act of 1965, specifies that any such political subdivision
may provide for the creation of such bureaus or the appointment and
compensation of such officers, clerks, collectors and other assistants and
employees as may be deemed necessary for the assessment and collection of taxes
imposed under the authority of that Act; and
WHEREAS,
HANOVER TOWNSHIP, NORTHAMPTON COUNTY, has appointed Berkheimer to collect the
aforementioned taxes levied by it; and
WHEREAS,
Act 50 of the 1998 General Assembly of the Commonwealth of Pennsylvania,
enacted May 5, 1998, and effective, in part, January 1, 1999, known as the
“Local Taxpayers Bill of Rights,” requires political subdivisions levying,
collecting and assessing taxes of the nature and kind aforementioned to establish
an administrative process to receive and make determinations on petitions from
taxpayers relating to the assessment, determination or refund of such tax,
including without limitation, the appointment of a Tax Hearing Officer by a
political subdivision to hear and decide such an appeal; and
WHEREAS,
under Section 8432 of such Act of 1998, a political subdivision shall adopt
regulations governing practice and procedure under the Local Taxpayers Bill of
Rights;
THEREFORE,
BE IT RESOLVED, HANOVER TOWNSHIP, NORTHAMPTON COUNTY, hereby appoints
Berkheimer as its Tax Hearing Officer and further, adopts and incorporates the
Act 50 Regulations as promulgated by Berkheimer in their entirety.
To adopt Resolution No. 18, authorizing
Hanover Township, Northampton County, to appoint a liaison between Hanover
Township and H.A. Berkheimer, Inc., for
the term commencing January 1, 2008 and ending December 31, 2010.
RESOLUTION
18
A
RESOLUTION OF THE GOVERNING BOARD OF HANOVER TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA,
AUTHORIZING, EMPOWERING and directing the proper officers of the governing
board to appoint a liason between it and Berkheimer, the duly appointed
collector of EARNED INCOME tAX, EMERGENCY AND MUNICIPAL SERVICE TAX, and
Business Privilege/mercantile tax for the district, for THE express purpose of
sharing confidential tax information with the district for official purposes.
WHEREAS,
Act No. 511 of the 1965 General Assembly of the Commonwealth of Pennsylvania
(53 P.S. §690l et seq.), enacted December 31, 1965, and effective January 1,
1966, authorizes certain political subdivisions, including, to provide for the
creation of such bureaus or the appointment and compensation of such officers,
clerks, collectors and other assistants and employees as may be deemed
necessary for the assessment and collection of taxes imposed under the
authority of that Act; and
WHEREAS, HANOVER TOWNSHIP, NORTHAMPTON COUNTY, has
entered into contractual agreement with Berkheimer of Bangor, Pennsylvania,
whereby and whereunder CLIENT appointed Berkheimer to collect Earned Income
Tax, Emergency and Municipal Service Tax, and Business Privilege/Mercantile Tax
and
WHEREAS,
said Act 511 specifically mandates that any information gained by the appointed
tax officer, his agents or by any other official or agent of the taxing
district, as a result of any declarations, returns, investigations, hearings or
verifications required or authorized by the taxing municipality's ordinance or
resolution, be kept confidential, except for official purposes; and
WHEREAS,
any person who divulges any information which is confidential under the
provisions of any ordinance or resolution, upon conviction may be subject to
fines and/or imprisonment, upon conviction, and dismissal from office or discharge
from employment; and
WHEREAS,
Berkheimer requires passage of a resolution by the governing body of HANOVER
TOWNSHIP, NORTHAMPTON COUNTY specifying that said confidential information is
needed for official purposes and absolving Berkheimer from any liability in
connection with the release of said confidential information;
NOW, THEREFORE, BE IT RESOLVED
that:
1.
HANOVER TOWNSHIP, NORTHAMPTON COUNTY hereby appoints Stacy C. Milo
(Primary) and John J. Finnigan, Jr. (Secondary) as its authorized
representative to make requests upon and receive any and all tax information
and records from Berkheimer, relative to the collection of taxes for CLIENT, as
desired and deemed necessary by CLIENT, to be used for official purposes only;
and
2. Berkheimer is hereby directed to
provide and/or transmit any and all tax information and records, or any portion
thereof, relating to the collection of taxes for the Township, upon request, to
Stacy C. Milo (Primary) and John J. Finnigan, Jr. (Secondary) as the
authorized contact representative for it.
3. HANOVER TOWNSHIP, NORTHAMPTON COUNTY
hereby saves harmless, indemnifies and/or absolves Berkheimer from and against
any and all liability in connection with the release of said confidential
information.
Mr. Nagle moved that the Board approve to authorize the Township Solicitor to advertise that it is the Township’s intent to appoint Todd J. Bushta, CPA as the 2008 Township Auditor at the cost of $11,000.
Mr. Colon seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Mr. Nagle moved that the Board approve to authorize the Secretary to advertise that the Board will hold a public meeting on December 11, 2007 for the adoption of the proposed 2008 General Fund, Capital Reserve, State Fund and Recreation budgets and to advertise that the budget will be on display, beginning November 14, 2007, for public review at 3630 Jacksonville Road during normal business hours.
Mr. Salvesen seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Mr. Nagle presented Policy 57, Emergency Notification Policy, which will be on the November 27, 2007 Board agenda for approval.
Policy 57
EMERGENCY NOTIFICATION POLICY
It shall be a policy of the Board
of Supervisors that the Hanover Township Volunteer Fire Company No. 1 and/or
Colonial Regional Police Department notify the Township Manager and Township
Emergency Management Staff on any major incidents within the Township as soon
as operationally possible. Incidents
include, but are not limited to:
1.) Structure
Fire – Residential & Commercial
2.) Motor
Vehicle Accident – Potential Fatality
3.) Armed
Robbery
4.) Hostage
Situation
5.) Barricaded
Suicide
6.) Bomb
Threats
7.) Potential
for Mass Casualty
8.) Active
Shooter
9.) Weather
Warnings: hurricanes, snow & significant rain
It will then be the Township
Manager’s responsibility to notify members of the Board of Supervisors
depending on the nature of the incident.
Mr. Diacogiannis asked why this policy is necessary when it comes to weather.
Mr. Finnigan stated that it is required to have a formal procedure according to NIMS/Emergency Management.
Mr. Nagle moved that the Board approve to authorize the Township Solicitor to advertise the proposed ordinance, which provides for the imposition of interest on delinquent real estate transfer taxes.
Mr. Salvesen seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Mr. Nagle moved that the Board approve the
following Resolution regarding authorizing preparation and submission of a
declaration of taking and related documentation for the condemnation of land
for expansion of Township recreation facilities and that the Chairman and Secretary be authorized to sign the
Resolution.
RESOLUTION NO. 07- 11
RESOLUTION OF HANOVER TOWNSHIP,
NORTHAMPTON
COUNTY, PENNSYLVANIA AUTHORIZING
PREPARATION
AND SUBMISSION OF A DECLARATION OF TAKING
AND
RELATED DOCUMENTATION FOR THE
CONDEMNATION OF
LAND FOR EXPANSION OF TOWNSHIP RECREATION
FACILITIES
WHEREAS, Hanover Township, Northampton
County, Pennsylvania (“TOWNSHIP”) is undertaking certain real estate acquisition
activities necessary to expand the Township recreation facilities (“Project”);
and
WHEREAS, in order to provide for the
acquisition of the necessary real estate for the Project, it has been necessary
for the TOWNSHIP to effect the condemnation of a certain parcel, which is more
particularly described in Exhibit “A”, attached hereto.
NOW, THEREFORE, be it resolved and it is resolved by the TOWNSHIP
as follows:
1. That the Solicitor is hereby authorized
and directed to prepare, and the proper officers to execute, a Declaration of
Taking, and notice of condemnation in accordance with the provisions of the
Pennsylvania Eminent Domain Code of 1964 as amended.
2. That the Solicitor is hereby authorized
and directed to file the Declaration of Taking in the Office of the
Prothonotary of Northampton County.
3. That the Solicitor is hereby authorized
and directed to record the Notice of Filing of Declaration of Taking in the
Office of the Recorder of Deeds of Northampton County.
4. That the TOWNSHIP, acting by its
Solicitor, is hereby authorized and directed to pay, or to offer to pay, within
sixty (60) days from the filing of the herein above-mentioned Declaration of
Taking, just compensation to condemnee as provided in Section 407 of the Eminent
Domain Code.
5. That the Solicitor is hereby authorized
and directed to send the notice required by Section 405 of the Eminent Domain
Code to the record owners of property in the condemnation area by certified
mail or by publication, if necessary.
6. That this Resolution shall take effect
immediately.
IN TESTIMONY WHEREOF, the undersigned
TOWNSHIP has caused this Resolution to be signed by a duly authorized officer
and its corporate seal, duly attested by the Board Secretary, to be hereunto
affixed this 13th day of November, 2007.
Mr. Salvesen seconded the motion.
Mr. Colon aye, Mr.
Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Mr. Nagle
moved that the Board approve to purchase 4025 Airport Road, that the Chairman and Secretary be
authorized to sign any necessary documents and that the purchase price is not
to exceed $94,000.00.
Mr. Salvesen seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
DEVELOPMENTS
Mr. Birdsall updated the Board on the Northgate II Subdivision and
their request for relief from installing sidewalk.
Mr. Colon moved that the Board table
this until a later date
Mr. Colon moved that the Board approve to grant Hanover Ridge, Subdivision Improvement Agreements for Phase I, Phase II and Phase III, an extension for each to July 15, 2008.
Mr. Salvesen seconded the motion.
Mr. Birdsall stated he has no problem with the extension.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Mr. Colon moved that the Board
approve to grant Adler Place, LP, for 3910 Adler Place, an extension to
December 31, 2007.
Mr. Salvesen seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Mr. Colon
moved that the Board approve, as recommended by the Township Engineer,
to release the Developer of LVCC II Lot 11/Bennigan’s Restaurant from his
maintenance responsibilities and return the Security upon the condition that
the Developer adheres to Township Policy #25 (Payment of Plans and Appeals
Accounts).
Mr. Salvesen seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert
aye, Mr. Diacogiannis aye.
Mr. Colon moved that the Board approve to grant Monocacy Farms an extension to November 18, 2008.
Mr. Salvesen seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
COURTESY OF THE FLOOR
It was noted that no one wished to offer any comment.
ROAD REPORTS
Mr. Walbert – Road District #1, nothing to report on the district; reported that this past Saturday Community Pride Day was held with a litter clean-up. Township staff, Supervisors, Community Service students and some residents picked up trash around the municipal complex and the tree-line. Found more trash than we thought.
Mr. Salvesen – Road District #2, Mr. Diacogiannis – Road District #3, Mr. Colon – Road District #4 and Mr. Nagle – Road District #5 and 6 had nothing to report.
ENGINEER’S REPORT
Mr. Birdsall had nothing to report.
SOLICITOR’S REPORT
Mr. Broughal requested an executive session for litigation matters.
PUBLIC WORKS REPORT
Mr. Healy had nothing to report.
TOWNSHIP MANAGER’S REPORT
Mr. Finnigan reported on the following:
Mr. Walbert moved to authorize the
Chairman and Secretary to execute the attached Addendum providing that Hanover
Township – Northampton County shall purchase Lower Nazareth Township’s interest
in 248 Brodhead Road if Lower Nazareth Township’s ownership of the property is
determined to be illegal.
Mr. Nagle seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Mr. Diacogiannis closed the regular meeting at 9:30 P.M. and opened the Executive Session for litigation matters.
Mr. Diacogiannis closed the Executive Session at 9:42 and re-opened the regular business meeting.
Mr. Broughal gave a brief background on the matters that are still in dispute for the CRPC and stated we will need motions regarding these matters that are listed in a letter from Attorney James F. Kratz.
Mr. Diacogiannis moved that the Board votes no; that the CRPC has not violated the Agreement by failing to “approve” a proposed 2008 budget and remit it to the participating municipalities prior to September 1, 2007.
Mr. Salvesen seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Mr. Diacogiannis moved that the Board vote yes; Hanover can vote upon matters related to 2007 unbudgeted expenditures, the proposed 2008 budget, or any contracts or expenditures that relate to the 2008 fiscal year.
Mr. Salvesen seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Mr. Diacogiannis moved that the Board vote yes; if Bath does not adopt a resolution authorizing a budget increase in excess of ten (10%) percent, the 2008 annual budget may be increased by more than ten (10%) percent over the prior years budget.
Mr. Salvesen seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Mr.
Diacogiannis moved that the Board vote yes; the Commission can make unbudgeted
expenditures in 2007 which push total spending more than ten (10%) percent over
the prior year’s budget, without unanimous consent of all parties to the
Agreement.
Mr. Salvesen seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye,
Mr. Diacogiannis moved that the Board vote yes; the Commission can make unbudgeted expenditures without unanimous consent of all parties to the Agreement.
Mr. Salvesen seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Mr.
Diacogiannis moved that Township Solicitor be authorized to send a letter to
James F. Katz, Esquire of Stevens & Lee, Lawyers and Consultants.
Mr. Salvesen seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Upon motion of Mr. Salvesen, seconded by Mr. Walbert, the Board approved adjournment at 9:55 P.M.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye, Mr. Diacogiannis aye.
Stacy C. Milo
Secretary/Treasurer