The regular semi-monthly meeting of the Board of Supervisors, Hanover Township, Northampton County, Pennsylvania was called to order by Vice Chairman Glenn R. Walbert at the Hanover Township Municipal Building, 3630 Jacksonville Road, Bethlehem, Pennsylvania, 18017 at 7:30 P.M.

 

            Present were Supervisors Colon, Salvesen, and Nagle, Engineer Birdsall, Solicitor Broughal, Public Works Director Healy and Manager Finnigan. Chairman Diacogiannis was not in attendance.

 

            The Pledge of Allegiance was performed.

 

            Upon motion of Mr. Nagle, seconded by Mr. Salvesen, the Board approved the Agenda with an addition of an Executive session for Potential Litigation and Contract Negotiations and an addition under Planning and Zoning for a Conditional Use Application for Triumph Hospital/Acute Care.

Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.

 

            Upon motion of Mr. Nagle, seconded by Mr. Salvesen, the Board approved the minutes, as written, from the Special Meeting of the Board of Supervisors dated September 22, 2007.

Mr. Colon abstain, Mr. Salvesen abstain, Mr. Nagle aye, Mr. Walbert aye.

            The motion failed for lack of quorum.

            Mr. Walbert asked that the matter be placed on the October 23, 2007 agenda for reconsideration.

 

            Upon motion of Mr. Nagle, seconded by Mr. Salvesen, the Board approved the minutes, as written, from the meeting of the Board of Supervisors dated September 25, 2007.

Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.

 

            Upon motion of Mr. Salvesen, seconded by Mr. Nagle, the Board approved the List of Bills and Transfers dated October 9, 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 to the minutes.

Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.

 

COURTESY OF THE FLOOR

            Mr. Tom Maloney of 4060 Jacksonville Road was present to discuss an insurance claim regarding his mailbox and sidewalk as a result of a snowstorm last winter.

            Mr. Maloney gave a brief description of what happened.

            Mr. Broughal suggested the Board not take any action until the Township contacts its insurance company to avoid jeopardizing our coverage and to have the Township Manager contact Mr. Maloney.

            Mr. Maloney supplied documentation to the Secretary/Treasurer.

 

 

 

 

REPORT OF THE CHAIRMAN

            Mr. Diacogiannis was absent.

 

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. Erin Dishong, of National Penn Bank, to the Special Events Committee with the term expiring January 1, 2010 and further move to authorize the Secretary to notify Ms. Dishong and the Special Events Committee of the appointment.

            Mr. Colon seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.

 

PLANNING & ZONING

            Mr. Stan Lalka, Arthur A. Swallow Associates, Erich Schock, Fitzpatrick, Lentz and Bubba, Mr. Dominick DeSaro, Director of HomeStar, and representatives from St. Luke’s were present to give a presentation on 77 South Commerce Way (LVIP IV Lot 32).

 

            A discussion was held on a petition for a zoning variance for retail use in the PIBD at 77 South Commerce Way.

            The Board agreed to table this until the October 23, 2007 agenda.

 

            Mr. Walbert moved that the Board approve to set November 27, 2007 as the date for a conditional use hearing for the property located at LVCC II Lots 5 and 6.

            Mr. Colon seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Diacogiannis aye.

 

DEVELOPMENTS

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 Monocacy Farms – Lot 61 for Jaindl Land Company, 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:

 

CONDITIONS:

 

1.         The Developer/Owner shall provide Agreements or construction easements for the construction of proposed improvements, i.e., staging areas, storm sewer, grading, etc. from the Owner of Lot 231 in Monocacy Farms, Hanover Crossing Northampton County Association, prior to recording the Record Plan.

 

2.         The Developer/Owner shall add a note or notes to the Record Plan listing the two (2) sheet Drainage and Utility Easement Plan including recording information that affects Lots 61, 62, 63, 223, 225, 226, 227 and 228 prior to recording the Record Plan.  (SALDO Section 159-12).

 

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

 

A.        The Improvements Agreement shall include a notarized statement, satisfactory to the Township Solicitor, stating that the Township shall be held harmless against any claim of damage from the downstream property owners that may result from the proposed development.  (Stormwater Section 152-10E.).

 

B.         The Improvements Agreement and a separate covenant running with the land shall include provisions satisfactory to the Township Solicitor, that the stormwater collection, conveyance and control facilities located on private property shall be properly operated and maintained.  (Stormwater Section 152-10M.).

 

4.         The Developer/Owner shall provide a plan containing the Uniform Parcel Identifier Number for each lot in the development.  (SALDO Section 159-30E.(8)).

 

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

 

6.         The Developer/Owner shall provide a description and a Plot Plan for a Deed of Dedication for Braddock Court.  (SALDO Section 159-30F.(9)).

 

7.         The Developer/Owner shall provide an Open Space and Recreation Contribution for the twelve (12) additional lots in the amount of $18,000 (12 Lots X 0.04 Acres per Lot X $37,500.00 per Acre).  (SALDO Section 159-16).

 

8.         The Developer/Owner shall provide an Impact Fee of $3,876.00 for the 12 PM Peak Hour Trips (12 PM Trips X $323.00/PM Trip).  (Impact Fee Ordinance 91-12 and Resolution 97-11).

 

9.         The Developer/Owner shall provide a Tapping Fee of $15,063.60 (12 Units X $1,255.73 per Unit), a Connection Fee of $4,770.00 (12 Units X $397.50/Unit) and a Customer Facilities Fee of $3,960.00 (12 Units X $330.00/Unit).  The fees are payable at the time the Building Permit is applied for on the building lot.  (Tapping and Connection Fee Ordinance 05-06).

 

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

 

11.       The Developer/Owner shall provide two (2) Mylars for recording the plans and ten (10) sets of plans which are signed and notarized by the Owner and sealed by the Engineer.  (SALDO Section 159-34B.).

 

 

 

 

12.       The Developer/Owner shall meet all conditions of the Preliminary/Record Plan approval, and the Record Plan shall be recorded within twelve (12) months of Conditional Plan approval, and agrees that if such conditions are not met, the conditional Preliminary/Record Plan approval shall be considered void, and the application for Preliminary/Record Plan approval shall be considered void and withdrawn.

 

Mr. Colon further moved, that the granting of conditional approval of this plan recognizes that the Township is agreeing to the following on the Subdivision Plan:

 

            A.        That the Board of Supervisors waive the requirement that the curb line shall be rounded by a tangential arc, the minimum radius of which shall conform to Township Standard of thirty-six-feet (36’) for fifty-foot (50’) right-of-ways and allow the thirty-one-foot plus or minus (31’ +/-) as shown on the plans for the southeast corner of Braddock Court and Seip Road.  (SALDO Section 159-11G.(4)).

 

            Mr. Colon further moved, that the Township Secretary be authorized to notify the Developer of the Board’s action.

            Mr. Nagle seconded the motion.

            It was noted that the Board received a signed copy of the conditions.

            Mr. Birdsall updated the Board on the paving of Hanoverville Road, a signal proposal from PennDOT, and the status of what will be happening in the near future.

Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.

 

            Mr. Colon moved that the Board, as recommended by the Township Engineer, reject the improvements for LVCC II Lots 7 & 8 Land Development Plan as incomplete, urge the developer to request an extension to the Site Plan Improvements Agreement to December 31, 2007, and urge the Developer to request a re-inspection when the storm sewer and landscaping items are complete and to notify the Developer of the Board’s action relative to this matter.

            Mr. Nagle seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.

 

            Mr. Colon moved that the Board approve to grant Lehigh Valley Corporate Center Phase II Lots 7 and 8 an extension to December 31, 2007.

            Mr. Nagle seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.

 

            Mr. Colon moved that the Board, as recommended by the Township Engineer, do the following regarding Faulkner Subaru (330 Stoke Park Road):

1.                  Release the developer from his maintenance responsibilities; and

2.                  Return the maintenance security on the condition that the Developer adheres to Township Policy #25 (payment of Plans and Appeals Accounts).

Mr. Colon further moved to notify the Developer of the Board’s action.

Mr. Salvesen seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle abstain, Mr. Walbert aye.

 

 

            Mr. Colon moved that the Board, as recommended by the Township Engineer, take the following action for 3910 Adler Place, LP Site Development Plan:

1.                  That the Board of Supervisors rejects the improvements as incomplete;

2.                  That the Board of Supervisors urges the Developer to request an extension to the Site Plan Improvements Agreement to December 31, 2007 to complete the improvements.

3.                  That the Board of Supervisors approve a reduction in the Letter of Credit in the amount of $25,468.30 on the condition that the Developer confirms that the balance remains at a minimum of $13,713.70; and

4.                  That the Board of Supervisors urges the Developer to request a re-inspection when the “Punch List” items are addressed.

 

Mr. Salvesen seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.

 

            Mr. Colon noted for the record that the Developer of Lehigh Valley Corporate Center Phase II Lots 5 and 6 has granted the Board an extension of 60 days to December 28, 2007.

 

            Mr. Colon noted for the record that the Developer of Northgate I has granted the Board an extension of 60 days to December 20, 2007.

 

            Mr. Colon moved that the Board approve to grant Davis Subdivision (MW Homes) in College Heights/Suburban Estates an extension to October 5, 2008.

            Mr. Nagle seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.

 

            Mr. Colon moved that the Board approve to grant Becker Minor Subdivision (Place Road) an extension to December 16, 2007.

            Mr. Nagle seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.

 

ADMINISTRATION

            Mr. Nagle moved that the Board approve the Ordinance, which authorizes intergovernmental cooperation of Hanover Township and Lower Nazareth Township by entering into an agreement of sale and a property operating agreement with Lower Nazareth Township regarding the purchase, ownership, and management of the property located at 248 Brodhead Road in Hanover Township, Northampton County and that the Chairman and Secretary be authorized to sign the Ordinance.

 

ORDINANCE NO. 07 – 16

 

AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL COOPERATION WITH THE TOWNSHIP OF LOWER NAZARETH, COUNTY OF NORTHAMPTON IN ENTERING INTO AN AGREEMENT OF SALE AND A PROPERTY OPERATING AGREEMENT WITH TOWNSHIP OF LOWER NAZARETH, COUNTY OF NORTHAMPTON REGARDING THE PURCHASE, OWNERSHIP AND MANAGEMENT OF PROPERTY LOCATED AT 248 BRODHEAD ROAD IN HANOVER TOWNSHIP, NORTHAMPTON COUNTY.

 

 

            Mr. Colon seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.

 

            Mr. Nagle noted for the record that the First Annual Community Pride Day will take place on Saturday, November 10, 2007. This will be our first anti-litter event and will be looking for volunteers to help by picking up litter in the Township.

 

COURTESY OF THE FLOOR

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

 

ROAD REPORTS

            Mr. Walbert – Road District #1, Mr. Salvesen – Road District #2, Mr. Colon – Road District #4, and Mr. Nagle – Road District #5 & #6 had nothing to report.

 

ENGINEER’S REPORT

            Mr. Birdsall updated the Board on Jaindl Boulevard and gave his recommendation.

            Mr. Salvesen moved that the Board reject the dedication and acceptance of Jaindl Boulevard, as recommended by the Township Engineer, for the following reasons:

1.                  The improvements for Jaindl Boulevard and its intersection with Route 512 and the compatible improvements with Route 512 are not complete; and

2.                  The start of maintenance of a portion of improvements within an area that is currently under construction is not consistent with Act 247, the Developer’s Agreement, or good engineering practices.

Mr. Salvesen further moved to notify the Owner/Developer of the Board’s action relative to this matter.

            Mr. Colon seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.

 

            Mr. Birdsall discussed the future Sanitary Sewer Needs for Hanover Township for 20 years.

            Mr. Walbert directed the Township Engineer to provide projections of the sanitary sewer needs for Hanover Township-Northampton County for the next 20 years (to 2027) to Mr. Matthew D. Dorner, P.E., Chief of Engineering, City of Bethlehem.

 

SOLICITOR’S REPORT

            Mr. Broughal had nothing to report.

 

MANAGER’S REPORT

            Mr. Finnigan reported on the following items:

·        Lease Agreement for CRPD will be forwarded to the Police Commission

·        Talent Blank Form for volunteers for Boards & Commissions will be going on the website

 

 

 

 

 

 

Mr. Colon moved that the Board approve adjournment of the regular meeting and enter into the Executive Session at 8:20 P.M.

Mr. Nagle seconded the motion.

Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.

 

 

 

                                                                                                            Stacy C. Milo

                                                                                                            Secretary/Treasurer