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, Attorney Wendy Nicolosi for Solicitor Broughal, Public Works Director Kevin Healy, Township Manager James Sterner and Assistant to the Secretary/Treasurer Stacy Milo.
The Pledge of Allegiance was performed.
Upon motion of Mr. Walbert, seconded by Mr. Diacogiannis, the Board unanimously approved the Agenda.
Mr. Finnigan noted for the record that there will be an executive session at the end of the meeting for personnel issues.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Upon motion of Mr. Colon, seconded by Mr. Walbert, the Board approved the minutes, as written, from the meeting of the Board of Supervisors dated October 25, 2005.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Upon motion of Mr. Diacogiannis, seconded by Mr. Salvesen, the Board approved the List of Bills and Transfers dated November 23, 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.
COURTESY OF THE FLOOR
Rick Sergi of Greenfield Road was present to bring to the Board’s attention that his rear property abuts Crawford Drive at the curve and about a month ago there was a vehicle that missed the curve and drove straight through the rear of his property taking out some arborvitae. He’s not too concerned with that as much as he is about his children and other children’s safety. He asked the Board to consider putting some type of guard rail on that curve of Crawford. He also stated that they have lived there for four years and there have been 4-5 accidents at that curve.
Mr. Finnigan thanked him for his input.
REPORT OF THE CHAIRMAN
Mr. Finnigan acknowledged Linda Sterner’s re-election as Tax Collector, Frank Colon’s re-election as Supervisor, Jack Nagle as Supervisor elect and welcomed Mr. Diacogiannis home from his injuries from a traffic accident.
REPORT OF THE VICE-CHAIRMAN
Mr. Diacogiannis had nothing to report.
SUPERVISOR’S COMMENTS
Mr. Walbert reported he attended the Act 167 meeting at the Lehigh Valley Planning Commission and the act will be distributed to all municipalities for their review.
Mr. Salvesen reported that the Advent Church is having their tree lighting ceremony this Sunday at 4:45 and invited the Supervisors and the township staff.
PLANNING & ZONING
Mr. Walbert stated there is an amendment to the zoning ordinance up for adoption this evening; this is in regards to the 2003 edition of the international property maintenance code.
Mr. Walbert moved that the Board approve the following Ordinance with regard to amending the Hanover Township Zoning Ordinance:
ORDINANCE NO.
05-13
AN ORDINANCE ENACTED BY THE BOARD OF SUPERVISORS OF HANOVER TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA, ADOPTING THE “2003 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE”, REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY AND USE, AND THE DEMOLITION OF SUCH EXISTING STRUCTURES IN HANOVER TOWNSHIP, PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH.
Mr. Colon seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
A discussion was held on 3 items going before the zoning hearing board and if the Board wants representation at the December 15th zoning meeting. Mr. Finnigan directed Mr. Drissel from Hanover Engineering and Attorney DeVito from Broughal & DeVito to represent the Board at the zoning meeting.
PUBLIC WORKS
A
discussion was held concerning the Parks Open Space Plan. Mr. Birdsall stated
he will have that available at the next Supervisor’s meeting in December.
ADMINISTRATION
Mr. Diacogiannis moved that the Board approve to authorize the Secretary to advertise that the Board will hold a public meeting on December 20, 2005 for the adoption of the proposed 2006 General Fund, Capital Reserve, State Fund and Recreation budgets; Also that the budget will be on display at 3630 Jacksonville Road during normal business hours.
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 to authorize the Township Solicitor to advertise the proposed Emergency and Municipal Services Tax Ordinance.
Mr. Salvesen seconded the motion.
Attorney Nicolosi clarified that this is just the amendment to the existing ordinance and the amendments do two things; it exempts anyone under the age of 18 at the beginning of the fiscal year and allows the amount to be taken out in 3 installments.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Mr. Diacogiannis moved that the Board authorize the Secretary to return escrow/security to the following developers due to the fact that the work has been completed:
Shively Development (Escrow)
Traditions of Hanover (Escrow)
Flavor Right Foods (Security)
Lehigh Valley Corporate Center Lot 3 (Escrow)
Hanover Ridge (Escrow)
Hanover Pointe (Escrow)
Mr. Colon seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
A discussion was held on the Golden View Diner – Bozakis property Condemnation.
Mr. Birdsall stated that the Bozakis’ did sign the easements that are necessary for a developer to come in and re-do the driveways both along Route 512 and Hanoverville Road but have not signed the release that Penndot needs for the rights to do some work along Route 512 and Mr. Birdsall stated he would like to discuss that in an executive session at the end of the meeting.
DEVELOPMENTS
Mr. Colon moved that the Board approve an extension to JJLH and Faulkner Chevrolet, Cadillac Inc. for the improvements agreement for the property at 330 Stoke Park Road to January 15, 2006. Mr. Colon also moved to notify the Developer of the Board’s action relative to this matter.
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 reject John Selko’s escrow release request #4 for 4140 Airport Road Lot Development Plan as recommended by the Township Engineer. Mr. Colon also moved to notify the Developer of the Board’s action relative to this matter.
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, as recommended by the Township Engineer, accept the improvements for Lehigh Valley Corporate Center II Lot 3, approve the start of the eighteen (18) month maintenance period as November 30, 2005, and return the Improvements Security upon the following conditions:
1) The Developer completes items Number 6 and 8a on the punch list dated August 5, 2005 and provides a revised Landscape Plan prior to November 30, 2005;
2) The Developer provides Maintenance Security in the amount of $9,669.00, with an expiration date of May 30, 2007 (one month beyond the Maintenance Period), prior to November 30, 2005;
3) The Developer adheres to Township Policy #25.
Mr. Colon also moved to notify the Developer of the Board’s action relative to this matter.
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 Developer for the Weichert Realty Site Plan be released from his maintenance responsibilities upon the Developer adhering to Township Policy #25 as recommended by the Township Engineer. Mr. Colon also moved to notify the Developer of the Board’s action relative to this matter.
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, as recommended by the Township Engineer, accept the improvements for Traditions of Hanover-Hanover Highlands Lot 7B, approve the start of the eighteen (18) month maintenance period as November 30, 2005, and return the Improvements Security upon the following conditions:
1) The developer provides Maintenance Security in the amount of $11,604.00, with an expiration date of May 30, 2007 (one month beyond the Maintenance Period), prior to November 30, 2005;
2) The Developer adheres to Township Policy #25.
Mr. Colon also moved to notify the Developer of the Board’s action relative to this matter.
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, as recommended by the Township Engineer, take the following actions regarding the Lehigh Valley Industrial Park IV Lot 52 Site Development Plan:
1) Urge the Developer to complete his maintenance items prior to November 30, 2005;
2) Release the Developer from his maintenance responsibilities upon confirmation from the Township Engineer that the maintenance items, listed in the Township Engineer’s letter dated November 18, 2005, have been completed;
3) Return the Maintenance Security to the Developer upon confirmation of the Township Engineer that the maintenance items, listed in the Township Engineer’s letter dated November 18, 2005, have been completed and the Developer has adhered to Township Policy #25.
Mr. Colon also moved to notify the Developer of the Board’s action relative to this matter.
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 an extension to DeLuca Homes for Hanover Crossing North to November 18, 2006 and to authorize the Township Solicitor to prepare the appropriate agreement. Mr. Colon also moved to notify the Developer of the Board’s action relative to this matter.
Mr. Walbert seconded the motion.
Mr. Birdsall stated this is the large project north of Hanoverville Road; when we realized they need additional time to finish it, we are not suggesting the Board does not grant the extension, but there are few items that we tried to encourage them to do before the winter comes and would like authorization to work with the Township Manager to come up with a deadline list for these items to be done over the next 4-6 weeks. Mr. Finnigan so directed.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Attorney Nicolosi clarified that the Board wants the proper extension agreement prepared with the conditions as set forth with Management.
Mr. Finnigan stated yes; but to also communicate verbally with the developer before that.
Mr. Colon moved that the Board approve an extension to Utilities Inc.-Westgate for their Water Storage Tank Record Plan Condition to December 1, 2006. Mr. Colon also moved to notify the Developer of the Board’s action relative to this matter.
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 an extension to Jaindl Land Company for Hanover Corporate Center 2 to January 31, 2006. Mr. Colon also moved to notify the Developer of the Board’s action relative to this matter.
Mr. Walbert seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Mr. Birdsall wished to go back to the Utilities Inc motion. He stated that part of their petition to the Zoning Hearing Board was that there was a utility need to provide water availability, fire fighting capacity, etc. for the new development in the township. That development is moving ahead; Utilities Inc does not seem to be moving ahead. We do not have an agreement that says this tank has to be done before a certain number of houses are completed. Utilities Inc filed a letter with the Township stating they have adequate service and we are not doubting they do, but I question the justification they made to the zoning hearing board was accurate and would like them to make an explanation as to why they are not moving ahead faster to put the tank in.
Mr. Salvesen stated that there should be a time frame for completion if this.
Mr. Sterner stated in regards to the time frame there should also be a condition that there are no more extensions and that this is the last extension to the plan.
Attorney Nicolosi asked if the motion was going to stand.
Mr. Finnigan stated he would like to re-open Utilities Inc extension request; is there is a second to the re-opening of discussion?
Mr. Colon seconded the re-opening of the extension request.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Mr. Finnigan moved that the Board approve an extension to Utilities Inc-Westgate Water for the Water Storage Tank Record Plan Condition to December 1, 2006 upon the following conditions:
1. That Utilities Inc. provides the Township with written documentation that they are able to adequately service the new homes in their water district.
2. That the water pressure is adequate to provide water pressure in a case of an emergency.
3. That they submit a formal time table as to the installation of the water storage tank in compliance with the Zoning Hearing Board decision.
4. Subject to the satisfaction of the Township Engineer on the above 3 conditions.
5. That there will be no further extensions granted to Utilities Inc. relative to the water storage tank record plan.
Mr. Salvesen seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Mr. Colon moved that the Board void the Record Plan for the Northgate I Development and to notify the Developer of the Board’s action relative to this matter.
Mr. Walbert seconded the motion.
Attorney Joseph Plunkett was present to discuss Northgate I. He stated that this project was set aside to accommodate Northgate II to do all the major road work which has been completed. There was a foul up between the developer and Pidcock, and the plan did not get filed in a timely manner. When that was brought to our attention, we got together with Pidcock and believe the plan is now filed with the Township subject to the Board’s decision this evening.
Mr. Birdsall stated it was brought to the Township and believes it is in distribution.
Mr. Sterner stated it is not in distribution; there was a motion made at the last meeting that there be no further extensions, so we could not accept the plan officially.
Mr. Birdsall stated it is reasonable to allow them to continue, they have done some of the frontage work and it still fits in within the comprehensive plan and we have not changed any land use direction or major rules since the plan was originally filed.
Mr. Sterner stated this has been an ongoing project and there has been no progress for a long period of time and that is why a motion was made to grant no more extensions.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert no, Mr. Salvesen no, Mr. Diacogiannis no.
The motion failed by a 2-3 vote.
Mr. Finnigan moved to rescind the previous motion made to not grant any more extension to the Record Plan for Northgate I at the previous meeting of October 25, 2005 meeting.
Mr. Walbert seconded the motion.
Mr. Finnigan no, Mr. Colon no, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
The motion passed by a 3-2 vote.
Mr. Colon moved that the Board approve an extension to Lehigh Valley Corporate Center II Phase IV to July 31, 2006. Mr. Colon also moved to notify the Developer of the Board’s action relative to this matter.
Mr. Walbert seconded the motion.
Mr. Birdsall stated that the Board adds to the motion that this is subject to confirmation of Security satisfactory to the Township Solicitor.
Mr. Colon amended the motion to include Mr. Birdsall’s statement.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
A discussion was held regarding GMA at Northgate regarding their improvements punch list items that must be completed by November 30, 2005.
Mr. Finnigan directed the Zoning Officer to proceed on the enforcement proceedings.
Mr. Colon moved that the Board accept the grant of an extension to March 31, 2006 for review of the Northgate I Development Plan and to notify the Developer of the Board’s action relative to this matter.
Mr. Salvesen seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
A discussion was held regarding Northgate II improvements.
Mr. Colon moved that the Board approve an extension for Northgate II to March 1, 2006 and to notify the Developer of the Board’s action relative to this matter.
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 an extension of 90 days to GMA at Northgate for the completion of the final improvements to the development and notify the Developer of the Board’s action.
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 authorize the Township Solicitor to pull the Maintenance
Bond for Hanover Crossing if the maintenance is not complete prior to December
1, 2005. Also to notify the Developer of
the Board’s action relative to this matter.
Mr. Salvesen seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
A discussion was held regarding IDI and their requests for reduction of security. There are three Letters of Credit and Hanover Engineering is recommending they all be reduced by the amount appropriate for the coverage that each one has provided. Mr. Birdsall recommends that the Board reject the improvements because they are not complete and that the Board approve the release of the improvements security in the amount of $1,032,120.00 on the following conditions:
1. That the Developer provides the required “As-Built” plans and certification of the Detention Basin.
2. That the Developer provides temporary stabilization of all areas of the site prior to December 15, 2005 and permanent stabilization in the Spring of 2006.
3. That the Developer addresses the “Punch List” items and requests reinspection of the corrected work.
4. That the Developer adheres to Township Policy #25 (payment of Plans and Appeals Account charges).
Also that the Board notify the Developer of the Board’s action.
Mr. Birdsall stated the present amounts and security is as follows; along with the reduction amounts for each Letter of Credit:
Letter of Credit #209316W is $104,250.00 to be reduced by $93,825.00
Letter of Credit #209317W is $655,800.00 to be reduced by $590,220.00
Letter if Credit # 209318W is $386,750.00 to be reduced by $348,075.00
Total reduction of $1,032,120.00; with the retention of security in the amount of $114,680.00
Mr. Colon moved that the Board approve the above motion and reduction amount as stated by Mr. Birdsall.
Mr. Salvesen seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
COURTESY OF THE FLOOR
Mr. Paul Kuehne was present to update the Board on the Traffic Impact Committee.
Mr. Finnigan acknowledged a Boy Scout in the audience from Cub Pack 302.
TOWNSHIP MANAGER’S REPORT
Mr. Sterner had nothing to report but thanked Mr. Finnigan for the fine article in the Hanoverview on his and Linda’s retirement.
PUBLIC WORKS REPORT
Mr. Healy had nothing to report.
SOLICITOR’S REPORT
Attorney Nicolosi had nothing to report.
ENGINEER’S REPORT
Mr. Birdsall had nothing to report.
ROAD REPORTS
Mr. Walbert – Road District #1, Mr. Salvesen – Road District #2, Mr. Diacogiannis – Road District #3, Mr. Colon – Road District #4 and Mr. Finnigan – Road District #5 & 6 had nothing to report on any district.
Mr. Diacogiannis thanked the Supervisors and Staff for the gift basket and thoughts of a speedy recovery for him and his wife.
Mr. Finnigan closed the regular meeting and opened the Executive Session at 8:40 P.M.
Mr. Finnigan closed the Executive Session and re-opened the regular meeting for adjournment.
Upon motion of Mr. Salvesen, seconded by Mr. Walbert, the Board approved adjournment at 9:40 P.M.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes, Mr. Diacogiannis yes.
Linda J. Sterner
Secretary/Treasurer