The regular
semi-monthly meeting of the Board of Supervisors,
Present were Supervisors Colon, Salvesen, Nagle and Walbert, Engineer Birdsall, Attorney Wendy Nicolosi for Solicitor Broughal, Manager Finnigan and Public Works Director Healy.
Upon motion of Mr. Salvesen, seconded by Mr. Nagle, the Board approved the Agenda with additions under Developments.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
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 August 22, 2006.
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 List of Bills and Transfers dated September 12, 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 speak.
REPORT OF THE CHAIRMAN
Mr. Diacogiannis commented on the invitation sent out by Cathy Heimsoth, Recreation Director regarding the 10th Anniversary Ceremony of the Community Center. Mr. Diacogiannis stated he spoke with Cathy and suggested she contact those who were involved 10 years ago to speak, specifically Mr. Salvesen who was Chairman at the time and Mr. Jim Sterner who was Manager.
REPORT OF THE VICE-CHAIRMAN
Mr. Walbert had nothing to report.
SUPERVISOR’S COMMENTS
Mr.
Salvesen stated that the Flag Retirement Ceremony was very well attended and
other people in the community should come out and see what the scouting members
do because they are the future leaders.
PLANNING & ZONING
Mr.
Walbert moved that the Board adopt the following Resolution to adopt the Parks,
Recreation and Open Space Plan:
WHEREAS, Hanover Township, Northampton County wishes to update the
Parks, Recreation and Open Space Plan which was last revised November 1990, and
WHEREAS, the Hanover Township Recreation Advisory Board met on
August 10th, to offer their input on said document, and
WHEREAS, the Board of Supervisors offered comments on the revision
to the Parks, Recreation and Open Space Plan during Board meetings on August 8th
& 22nd, and
WHEREAS, Hanover Engineering Associates, Inc. assisted in the
preparation of the revised Parks, Recreation and Open Space Plan dated
September 2006.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Mr. Colon seconded the motion.
Mr. Colon asked if there were any
changes.
Mr. Finnigan stated that any changes
that the Board and the recreation Advisory Board request have been made.
Mr. Colon
yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Mr. Walbert moved that the Board
approve to authorize the Township Solicitor to advertise the proposed
ordinance, which places restrictions on trucks using Township roads.
Mr. Colon seconded the motion.
Attorney Nicolosi stated this
relates to trucks weighing more that 5 gross tons traveling on roads which are
28 feet wide or less.
Mr. Colon
yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Mr. Walbert stated there are two
zoning hearings coming up; Traditions of America regarding clear site triangles
and Holiday Inn Express regarding sign ordinance size, height, etc.; suggests
that the Solicitor and Engineer attend.
Mr. Birdsall gave a clarification on
both requests.
Mr. Diacogiannis directed the Township
Engineer and Solicitor to attend the Zoning Hearing Board meeting.
ADMINISTRATION
Mr. Nagle moved to authorize the
Chairman and Secretary to execute the DEED on Northampton County Parcel ID No.
M6SW 12 1 14 0214E transferring said property to the Hanover Township Volunteer
Fire Company #1, where said property being the same premises which Hanover
Township Volunteer Fire Company No. 1, a Non-Profit Corporation, by its Deed
dated January 7, 1957, which said Deed was recorded on January 1, 1979, in the
Office for the recording of Deeds in and for Northampton County, Pennsylvania,
in Deed Book H97, Page 224, granted and conveyed unto Hanover Township,
Northampton County, Pennsylvania, a Second Class Township.
Mr. Salvesen seconded the motion.
Mr. Diacogiannis stated this is a
good example of communities working together and stated back in 1957 that
garage was where the Fire Company was, the municipal office and public works,
as well as the meeting place.
Mr. Diacogiannis suggested that a
letter be sent to the Fire Company thanking them for their cooperation back to
1957 and in the future.
Mr. Finnigan stated he will take
care of sending that letter.
Mr. Colon
yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Mr. Nagle moved to authorize the
Chairman to sign the
Mr. Colon 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 the following position, Office Support Associate, as a part-time
position.
Mr. Colon seconded the motion.
Mr. Colon
yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Mr. Nagle noted for the record that
Trick or Treat Night will be held on October 27th from 6:00 PM to
8:00 PM.
Mr. Nagle noted for the record that
the Halloween Parade and Community Celebration will be held on October 28th
and will begin at 1:00 PM.
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 Faulkner Saab, Cadillac Proposed Showroom, 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:
CONDITIONS
1. The
Developer/Owner shall enter into an Improvements Agreement with the Township
and provide appropriate security. (S.A.L.D.O.
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.).
2. The
Developer/Owner shall enter into a Maintenance Agreement with the Township and
provide appropriate security.
(S.A.L.D.O. Section 159-30D.(6).).
3. The
Developer/Owner shall pay all current fees, including any outstanding plans and
appeals account charges. (S.A.L.D.O.
Section 159-36J.).
4. 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. (S.A.L.D.O. Section
159-34B.).
5. 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 Site
Development Plan:
A. That
the Board of Supervisors waive the requirement that the plan show the location
and dimensions of buildings, structures, driveways, and parking lots, etc. and
to allow the plan to show only those items required for this project. (Zoning Ordinance Section 185-22C.(1)(c).
B. That
the Board of Supervisors waive the requirement that site contours are required
and to allow the plan to show only the contours required for this project.
(Zoning Ordinance Section 185-22C.(1)(f).
C. That
the Board of Supervisors waive the requirement that all of the plants be shown
and to allow the plan to show only the planting required for this project. (Zoning Ordinance Section 185-22G).
D. That
the Board of Supervisors waive the requirement that a Noise Study be provided
when land abuts an arterial road. (SALDO
Section 159-25).
E. That
the Board of Supervisors waive the requirement that the plan show all existing
trees by location, size and species.
(SALDO Section 159-29C.(6)).
Mr. Salvesen seconded the motion.
It was noted that the Developer
agreed with and signed the conditions.
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, approve to adopt the
terms and conditions relative to the Record Plan for Northgate I – 2 Lot AFHBD
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:
CONDITIONS
1. 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.).
C.
The
Improvements Agreement shall include a statement that individual lot Developers/Owners
shall be responsible for satisfying the Traffic Impact Fee and the appropriate
Tapping and Connection Fee requirements for their respective lots. (Impact Fee Chapter 102, Resolution 97-11: Tapping and Connection Fee Chapter 140).
2. The
Developer/Owner shall enter into a Maintenance Agreement with the Township and
provide appropriate security. (SALDO
Section 159-30D.(6)).
3. The
Developer/Owner shall provide a plan containing the Uniform Parcel Identifier
Number and street address for each lot in the development. (SALDO Section 159-30E.(8)).
4. The
Developer/Owner shall provide an Open Space Contribution of $33,375.00 (0.89
acres x $37,500.00 per acre). (SALDO
Section 159-16).
5. The
Developer/Owner shall pay all current fees, including any outstanding plans and
appeals account charges. (SALDO Section
159-36J).
6. 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).
7. The
Developer/Owner shall meet all conditions of the 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
Record Plan approval shall be considered void, and the application for 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 Record Plan:
A. That
the Board of Supervisors waive the requirement that the Developer provide the
identification and location of all existing trees and allow the identification
and location of trees in the area of construction as shown on the plans with
the understanding that additional existing trees shall be identified and
located prior to the start of Lot 1 and Lot 2 development. (SALDO Section 159-17/159-29C.(6)(a)).
B. That
the Board of Supervisors waive the requirement that the Developer provide the
designation of trees to be saved or removed and allow the designation of trees
to be as shown on the plans with the understanding that the designation of
trees to be saved or removed shall be shown prior to the start of Lot 1 and Lot
2 development. (Zoning Ordinance Section
159-29C.(6)(b)).
C. That
the Board of Supervisors defers the requirement that the Developer provide a
noise study until the development plans are submitted for Lot 1 and
D. That
the Board of Supervisors waive the requirement that the maximum allowable depth
of water for the detention basin of 2.0’, 3.0’, and 4.0’ for the 2-year,
10-year, and 100-year storms respectively and allow 2.62’, 3.19’, and 4.47’ for
the 2-year, 10-year, and 100-year storms respectively. (Stormwater Management Ordinance 98-2,
Section 152-10I.(7)).
E. That
the Board of Supervisors waive the requirement that the minimum allowable slope
for the bottom of the detention basin be 2% and allow the 1% shown on the
plans. (Stormwater Management Ordinance
98-2, Section 152-10I.(10)).
Mr. Salvesen seconded the motion.
It was noted that the Developer agreed with and has
signed the conditions.
Mr. Colon yes, Mr.
Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Mr. Colon moved that the Township, as recommended by the Township Engineer,
grant the Developer’s, of LVCC II Lot 1, request to end the Maintenance period
and return the Maintenance security upon the following conditions:
1.
That the “Punch List” items, listed in the Township
Engineer’s letter dated September 8, 2006, be repaired to the satisfaction of
the Township Engineer prior to September 30, 2006; and
2.
That the Developer adheres to Township Policy 25
(payment of Plans and Appeals accounts).
Mr. Colon further
moved that the Secretary notify the 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. Colon moved that the Board grant an extension to the Developer relative to Hindu Temple Society grading and seeding for a period of three (3) months to December 15, 2006 with the condition that the Developer adheres to Township Policy 25 (payment of Plans and Appeals accounts) by September 15, 2006. Mr. Colon also moved that the Board grant an extension to the Developer relative to Hindu Temple Society building improvements for a period of eight (8) months to May 15, 2007 and to notify the Owner/Developer of the Board’s action relative to this matter.
Mr. Nagle seconded the motion.
It was noted they have two outstanding invoices for Plans and Appeals.
Mr. Diacogiannis stated to be specific in the letter to the Developer stating the invoice numbers, dates and amounts.
Mr. Nagle seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
It is
noted for the record that the Developer of Hanover Highlands Lot-2 has granted
the Board an extension of 90 days to December 18, 2006.
Mr.
Colon moved to authorize the Chairman and Secretary to sign the Site Plan Improvements Agreement for
Liberty Property Limited Partnership regarding LVCC II Lots 7 and 8, Site Plan
Maintenance Agreement for Liberty Property Limited Partnership regarding LVCC
II Lots 7 and 8, and Declaration of Covenant and Agreement for Maintenance of
Stormwater Management Facilities for Allentown Hotels, LLC regarding LVCC II
Lots 7 and 8.
Mr. Nagle seconded the motion.
Mr. Colon
yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Mr. Colon moved
to authorize the Chairman and Secretary to sign the Subdivision Improvements
Agreement, the Subdivision Maintenance Agreement, and the Declaration of
Covenant and Agreement for Maintenance of Stormwater Management Facilities for
Becker/Minor Subdivision.
Mr. Walbert seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Mr. Colon moved
to authorize the Chairman and Secretary to sign the Site Plan Improvements
Agreement, Site Plan Maintenance Agreement, and Declaration of Covenant and
Agreement for Maintenance of Stormwater Management Facilities for LVIP IV Lot #45 Tank Farm Addition.
Mr. Walbert seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Mr. Colon moved
to authorize the Chairman and Secretary to sign the Site Plan Improvements
Agreement, Site Plan Maintenance Agreement, and Declaration of Covenant and
Agreement for Maintenance of Stormwater Management Facilities for LVIP IV Lot #45 Warehouse Addition.
Mr. Walbert seconded the motion.
Mr. Colon yes, Mr. Salvesen
yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
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 discussed the exposed water hazards ordinance from 1968 and in the ordinance it repeatedly says “the properly designated Township official shall make certain decisions”; and Ms. Nicolosi suggested that we designate that person as the Township Zoning Officer.
Mr. Colon moved that the Board designate the Township Zoning Officer as the properly designated Township Official as referenced in Chapter 176 of our Ordinance.
Mr. Walbert seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Attorney Nicolosi distributed a memo from Lisa Pereira from Solicitor Broughal’s office
Regarding
PUBLIC WORKS REPORT
Mr. Healy had nothing to report.
TOWNSHIP MANAGER’S REPORT
Mr. Finnigan reported on the following:
· Library Report distributed to everyone
· The August 2006 Financial Reports were forwarded today
· Waste Management had a leaky truck and some streets were affected in Pointe North; they cleaned the area, however I am not satisfied with the cleanup. Mr. Finnigan stated he faxed the regarding the cleanup and tonight there was a fax stating they will be out tomorrow morning again to powerwash.
· Discussed “Stop Work Orders” and needs a motion authorizing the Township Engineer to issue written “Stop Work Orders” to contractors.
Mr. Walbert moved that the Board of Supervisors grant limited authority to the Township Engineer to issue written “Stop Work Orders” to Contractors within the Township. The “Stop Work Orders” cannot be issued until the Township Engineer has received the advice and consent of the Township Manager, or in his absence, the Public Works Director. “Stop Work Orders” issued by the Township Engineer can only be issued for work order items included in Contracts with the Board of Supervisors or covered under Improvements/Maintenance Agreements entered into by the Board of Supervisors for land developments or subdivisions with Developers.
This authority does not grant to the Township Engineer the right, authority, or responsibility to direct or control the means and/or methods of construction and/or direction or control of the safety of any project within the Township.
That responsibility remains with the Contractor (s).
Mr. Nagle seconded the motion.
Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
COURTESY OF THE FLOOR
Judy Murphy
of
Mr. Diacogiannis stated that is a good suggestion and the Board will take it under advisement.
Mr. Jon
Soden of
Mr. Soden also commented on the construction areas in the Township that are muddy, there rocks lying around and miscellaneous debris and is also dangerous.
Julie
Venanzi of
Mr.
Finnigan thanked her for the comment on the paving of
Mr.
Mr. Jaindl
discussed the access points and stated as of now they are proposing one access
point that is consistent with the Township ordinance and a potential access
point at
A discussion was held on the plan that has been submitted and is presently under review by Hanover Engineering.
Mr.
Finnigan stated that all discussions relative to access onto
Mr. Birdsall
discussed the agreement and stated that it was always agreed that there would
be no access on
Mr. Jaindl stated that he doesn’t recall ever agreeing to no access.
Mr. Birdsall discussed the existing traffic
problems with that stretch of
A discussion was held regarding the
language of Item #9; Existing Tract 3 – PIBD/R1-A Development in the Subdivision
Improvements Agreement (
Mr. Birdsall stated he will have his
comment letter to Mr. Finnigan tomorrow.
Mr. Finnigan stated he will meet
with Mr. Birdsall and Mr. Jaindl on Thursday.
It was noted that no one had any
further comments to bring before the Board.
Upon motion of Mr. Walbert, seconded
by Mr. Nagle, the Board approved adjournment at 9:15 P.M.
Mr. Colon
yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.
Stacy
C. Milo
Secretary/Treasurer