The regular semi-monthly meeting of the Board of Supervisors, Hanover Township, Northampton County, Pennsylvania was called to order by Vice-Chairman Glenn 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 Kevin Healy and Township Manager John J. Finnigan, Jr.
The Pledge of Allegiance was performed.
Upon motion of Mr. Colon, seconded by Mr. Nagle, the Board approved the Agenda with additions.
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 minutes, as written, from the meeting of the Board of Supervisors dated August 28, 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 September 11, 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
Resident from the audience questioned Avenue C and what has been done because of the Starbucks.
Mr. Walbert stated that Avenue C is the City of Bethlehem’s jurisdiction and we have no control over that.
REPORT OF THE CHAIRMAN
Mr. Diacogiannis was not in attendance.
REPORT OF THE VICE-CHAIRMAN
Mr. Walbert stated that he just came from the Patriot Day/Flag Retirement ceremony on the Township tract that Scout Troop 352 put on and commended them for a fine ceremony.
APPOINTMENTS & RESIGNATIONS – BOARDS, COMMISSIONS, AND COMMITTEES
Mr. Nagle moved that the Board approve to appoint Michael C. Deschler to be Special Solicitor for the Township with no expiration date for the term and to notify Mr. Deschler of this appointment.
Mr. Colon seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.
SUPERVISOR’S COMMENTS
It was noted that no one had any comments.
PLANNING & ZONING
Mr. Walbert introduced the Public Hearing for Amendments to the Zoning Ordinance to include provisions for an Acute Care Hospital as a conditional use in the PORR – Planned Office, Research and Residential Zoning District.
Mr. Walbert closed the regular business meeting and opened the Public Hearing. It was noted for the record that the hearing had 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 business meeting was re-opened.
Mr. Walbert stated that the vote for this amendment will be done at the Board of Supervisor’s September 25, 2007 meeting.
Mr. Walbert introduced the Conditional Use Application for retail Sales at 77 South Commerce Way (LVIP IV Lot 32).
Mr. Walbert noted for the record that the Developer for the property located at 77 South Commerce Way has granted the Board a continuance of the conditional use hearing scheduled for September 11, 2007 and also noted that the Developer would like to waive the time limitation requirement.
It was noted that Stanley Lalka, of Arthur A. Swallow Associates, would like to make an informal presentation to the Board on either 10/9 or 10/23 before they go to the Zoning Hearing Board.
Mr. Walbert noted that the Secretary is to notify Mr. Lalka that he is to be present at the October 9, 2007 Supervisor’s meeting.
Mr. Christopher and Mrs. Jennifer Cirillo of 5605 Falcon Drive and Mr. Shokrollah Pazaki and Jila Talebi of 5606 Falcon Drive were present to discuss their zoning variances for their decks and the outcome before the Zoning Hearing Board. Mr. Cirillo stated they feel the Zoning Hearing Board failed to adequately address their hardship and main concerns.
Mr. Walbert said that the issue will be reviewed by the professional staff to possibly come up with a solution.
ADMINISTRATION
Mr. Nagle noted for the record that the 2008 Pension Minimum Municipal Obligation will be $329,188 for the Township’s defined benefit plan and $5,175 for the Township’s defined contribution plan.
Mr. Nagle noted for the record that an additional 2007 Pension Minimum Municipal Obligation will be $1,980 for the Township’s defined contribution plan.
Mr. Nagle noted for the record that Trick-or-Treat for the Township will be on October 26th from 6:00 PM to 8:00 PM and the Township Parade and Community Celebration will be held on October 27th and will begin at 1:00 PM.
Mr. Nagle moved that the Board approve to authorize the Township Solicitor to advertise the proposed ordinance, which provides exemptions to the local services tax and provides procedures for the assessment, collection, and refund of the tax.
Mr. Colon seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.
Mr. Nagle moved that the Board approve the following Ordinance regarding establishing the assessment of a tax upon the admission to places of amusement in Hanover Township and providing procedures for the assessment, collection and enforcement of said tax and that the Chairman and Secretary be authorized to sign the Ordinance.
ORDINANCE NO. 07-14
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF HANOVER, COUNTY OF NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA PROVIDING FOR THE LEVYING OF A TAX UPON ADMISSIONS TO PLACE OF AMUSEMENT WITHIN THE TOWNSHIP TO PROVIDE ADDITIONAL FUNDS FOR GENERAL TOWNSHIP PURPOSES; DEFINING PLACES OF AMUSEMENT; FIXING THE AMOUNT OF THE TAX AND PROVIDING FOR THE COLLECTION THEREOF; REQUIRING ALL PERSONS, PARTNERSHIPS, ASSOCIATIONS AND CORPORATIONS CONDUCTING PLACES OF AMUSEMENT TO REGISTER WITH AND BE LICENSED BY AND PAY A LICENSING FEE TO THE TOWNSHIP OF HANOVER; PROVIDING FOR CERTAIN EXEMPTIONS; PRESCRIBING THE METHOD AND MANNER OF COLLECTING SUCH TAX; AND IMPOSING PENALTIES FOR VIOLATION OF THE ORDINANCE.
Mr. Colon seconded the motion.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.
Mr. Nagle moved that the Board approve to authorize the rental fee, for budgetary purposes, that the space to be occupied by the CRPD in the 248 Brodhead Road Building to be $16.00 per square foot. $16.00 is a blended rate for the office and garage space. Rental fee is computed based on the following: Office space 9,142 sq. ft.; garage 1,225 sq. ft.; 9,142 X $17.00 per sq. ft. = $155,514; 1,225 X 12.00 per sq. ft. = $14,700: which equates to a total annual budgetary cost of $170,114.
Mr. Colon seconded the motion.
Mr. Finnigan stated that Lower Nazareth is going to adopt a similar motion at their next meeting with the exact same figures.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.
DEVELOPMENTS
Mr. Colon moved that the Board approve, as recommended by the Township Engineer, to take the following action with respect to the Northgate II Subdivision Land Development:
1. That the Township notifies the Owner/Developer that the Maintenance Agreement remains in force;
2. That the Township urges the Owner/Developer to complete repairs on their maintenance responsibility prior to October 30, 2007 and request a re-inspection; at that time it will be determined if the maintenance period will have to be extended until the Spring of 2008; and
3. That the Developer adheres to Township Policy #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 aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.
Mr. Colon moved that the Board approve, as recommended by the Township Engineer, to take the following action with respect to the GMA at Northgate Land development Plan:
1. That the Township notifies the Owner/developer that the Maintenance Agreement remains in force;
2. That the Township urges the Owner/Developer to complete the repairs on his maintenance items prior to October 30, 2007 and requests a re-inspection; at that time it will be determined if the maintenance period will have to be extended until the Spring of 2008; and
3. That the Developer adheres to Township Policy #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 aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.
Mr. Chandra, representing Hindu Temple Society Improvements was present to discuss the status of the project.
Mr. Birdsall stated he will review the project site and write a letter to the Board.
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 and 6 had nothing to report.
ENGINEER’S REPORT
Mr. Birdsall had nothing to report.
SOLICITOR’S REPORT
Mr. Broughal had nothing to report.
PUBLIC WORKS REPORT
Mr. Healy had nothing to report.
TOWNSHIP MANAGER’S REPORT
Mr. Finnigan had nothing to report.
Upon motion of Mr. Nagle, seconded by Mr. Colon, the Board approved adjournment of the regular meeting at 9:49 P.M. and went into Executive Session for Potential Litigation.
Mr. Colon aye, Mr. Salvesen aye, Mr. Nagle aye, Mr. Walbert aye.
Stacy C. Milo
Secretary/Treasurer