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

 

            Present were Supervisors Colon and Walbert, Engineer Birdsall, Solicitor Broughal, Manager Sterner and Public Works Director Kevin Healy.

 

            Chairman Finnigan was not present. He is at a conference. Vice-Chairman Diacogiannis was not present. He is away on vacation...

 

            The Pledge of Allegiance was performed.

 

            Upon motion of Mr. Walbert, seconded by Mr. Colon, the Board unanimously approved the Agenda.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert 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 August 23, 2005.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes.

 

            Upon motion of Mr. Walbert, seconded by Mr. Colon, the Board approved the List of Bills and Transfers dated September 13, 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. Salvesen yes, Mr. Colon yes, Mr. Walbert yes.

 

COURTESY OF THE FLOOR

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

 

DEVELOPMENTS

            Mr. Colon moved that the Board approve to adopt the terms and conditions relative to LVIP IV Lot 42 Parking Expansion Preliminary/Record Plan prepared and provided to the Developer/Owner for signature and the Township Secretary is to notify the Developer 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 159-30.D.(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 152-10.E).

 

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 152.10.M).

 

2.         The Developer/Owner shall enter into a Maintenance Agreement with the Township and provide appropriate security.  (S.A.L.D.O. Section 159-30.D.(6)).

 

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

 

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 159-34.B.).

 

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. Walbert seconded the motion.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes.

 

            Mr. Colon moved that the Board approve to grant Faulkner an extension to November 15, 2005 to complete the improvements at 330 Stoke Park Road and that the Township Secretary notify Faulkner of the Board’s action relative to this matter.

            Mr. Walbert seconded the motion.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes.

 

            Mr. Colon moved that the Board approve to grant an extension to December 31, 2005 to complete the improvements for the Selko Site Development Plan located at 4140 Airport Road. The Board also grants the Developer a release of security in the amount of $10,800.00 and for the work remaining plus contingencies, the Township maintains the Improvements Security at a minimum of $74,600.00 and the Developer is to adhere to Township Policy #25 (payment of Plans and Appeals Account charges).

            Mr. Walbert seconded the motion.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes.

 

            Mr. Colon moved that the Board approve a split rail fence in lieu of a chain link fence for the fencing around the detention basin for the Hanover Pointe Subdivision and that the Secretary notify Main Street Development Group of the Board’s action relative to this matter.

            Mr. Walbert seconded the motion.

            Mr. Sterner stated he hasn’t seen anything on this, except that there was a discussion on the split rail fence.

 

 

            Mr. Birdsall stated that this was subject to a court order. The Court Order states there has to be a fence satisfactory to the Township around the detention basin. The Record Plan approval states that the fence has to be a 4 foot high chain link fence constructed to the standards of the Township or to the quality of a chain link fence. Mr. Birdsall stated he is very concerned that if we relax that standard without proper sign-off from every resident in the development. Even if we had support from every property owner, he is concerned that the quality would be less than what it is approved on the plan and since the homes are close to the detention basin, I would be concerned about relaxing the standard.

            Mr. Jason Sanders was present from Main Street Development Group and stated that the reasoning for the change in the fence was originally aesthetic, but now there is a safety issue with the chain link fence. We chose the split rail fence and if it meets the BOCA Code as far as safety issues and is 4 foot high; if we had come back with a 5’ split rail fence would that be acceptable to the Board.

            Mr. Broughal stated the court order stated that the fence has to be acceptable to the Township and the Developer.

            The motion and the second were withdrawn.

            Mr. Salvesen tabled the matter and directed the Developer to meet with the Township Manager, Township Engineer and Township Administrative Director to work out an acceptable decision.

 

            Attorney Mike Deschler, Don Boyajian and Carl Wischner were present regarding Walgreens at 90 Southland Drive.

            Attorney Deschler discussed a letter Walgreens received from the Zoning Officer in regards to there are 39 trailers parked on the property of 90 Southland Drive. Walgreens leases that property as warehouse space and sub-leases a portion of the office space. Some of the vehicle spaces were converted into loading spaces.

            The question was asked as to what the use is at 90 Southland Drive. In 1996 it was approved as office/manufacturing/warehouse. We are not changing that use. There were a certain number of vehicular spaces and a certain number of loading spaces. The purpose is to see if we can get more spaces. There is some thought that we are using this as a trucking terminal. We believe we are using it as the same use it was originally approved for. What we are proposing is to reduce the number of office parking spaces for office use because there are only 4 people working there and increase the number of spaces for warehouse and utilize the unused spaces for loading. 

            Mr. Birdsall stated that there are a lot of zoning issues here and a site plan approval would be needed.

            Mr. Broughal stated that the Board decided a while back to not hear zoning cases and that a developer or whoever needs to go to the Zoning Officer and if they are not satisfied with her decision then you go before the Zoning Hearing Board. The Board does however review all zoning petitions that come up because the Board can send the Engineer and Solicitor to represent the Board at the hearing. It is in your best interest to come before the Board to discuss what you are proposing and then they won’t send representation.

            Mr. Sterner stated he had an informal meeting with Walgreens, Mr. Finnigan and the Township Engineer and we gave them direction to go to the Zoning Administrator to make a determination as to what the use is and then proceed to get a site plan together. It has been the Board’s procedure the past few months to not get involved in zoning issues prior to the Zoning Administrator being contacted first.

            Mr. Salvesen stated the procedure is as Mr. Sterner stated.

 

PUBLIC WORKS

            Mr. Salvesen moved that the Board approve the following resolutions in regards to installing and operating traffic signals at Hanoverville Road and Route 512 and at Route 512 and Jaindl Boulevard and to authorize the Chairman and Secretary to sign both resolutions.

 

RESOLUTION 05-10

 

            WHEREAS, the Township of Hanover, Northampton County desires to erect, operate and maintain traffic signals on S.R. 0512 (Bath Pike) and S.R. 3014 (Hanoverville Road)/Commercial Boulevard, and

            WHEREAS, the Vehicle Code requires the approval of the Secretary of Transportation before any traffic signals may be legally erected or reconstructed, and

            WHEREAS, the Department of Transportation requires an engineering drawing of the location, the Pidcock Company will prepare such a drawing in conformance with the instructions provided by the Department.

            NOW, THEREFORE, BE IT RESOLVED, that traffic signals be erected at the above mentioned location, subject to the approval of the secretary of Transportation, and that his approval is hereby requested, and

            BE IT FURTHER RESOLVED, that, in the event a traffic signal is approved after proper investigation, the Township of Hanover will be bounded by the following provisions:

            The traffic signals shall be installed and maintained in accordance with the Vehicle Code and the Regulations for traffic signs, signals, and markings of the Department of Transportation, and

            Should future highway conditions, or legal requirements, necessitate alteration of the construction or operation, or hours of operation, or removal of the traffic signals at the above mentioned location, they shall be altered or removed when and as directed by the Secretary of Transportation.

 

RESOLUTION 05-11

 

WHEREAS, the Township of Hanover, Northampton County desires to erect, operate and maintain traffic signals on S.R. 0512 (Bath Pike) and Jaindl Boulevard, and

            WHEREAS, the Vehicle Code requires the approval of the Secretary of Transportation before any traffic signals may be legally erected or reconstructed, and

            WHEREAS, the Department of Transportation requires an engineering drawing of the location, the Pidcock Company will prepare such a drawing in conformance with the instructions provided by the Department.

            NOW, THEREFORE, BE IT RESOLVED, that traffic signals be erected at the above mentioned location, subject to the approval of the secretary of Transportation, and that his approval is hereby requested, and

            BE IT FURTHER RESOLVED, that, in the event a traffic signal is approved after proper investigation, the Township of Hanover will be bounded by the following provisions:

            The traffic signals shall be installed and maintained in accordance with the Vehicle Code and the Regulations for traffic signs, signals, and markings of the Department of Transportation, and

 

 

            Should future highway conditions, or legal requirements, necessitate alteration of the construction or operation, or hours of operation, or removal of the traffic signals at the above mentioned location, they shall be altered or removed when and as directed by the Secretary of Transportation.

 

            Mr. Walbert seconded the motion.

            Mr. Birdsall stated we have received the revised plans of this part of the work but have not reviewed them yet. We have seen prior versions and responded to them. Mr. Birdsall stated he doesn’t want to hold up the approval of the resolutions, but wanted to make the Board aware that he has not finished his review and if we can condition the motion upon satisfactory review from Hanover Engineering’s review.

            Mr. Salvesen asked the secretary to revise the motion to include to be conditioned upon Hanover Engineering Associates review and approval.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes.

 

ADMINISTRATION

            Mr. Salvesen noted for the record that the 2006 Pension Minimum Municipal Obligation will be $225,535.00.

 

            A discussion was held on the request for Veteran Discount at the community Center.

            The Board stated they have no problem with the request and to formalize it into a formal motion.

 

COURTESY OF THE FLOOR

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

 

TOWNSHIP MANAGER’S REPORT

            Mr. Sterner stated the curb and sidewalk project along Jacksonville Road should start according to schedule. It should be completed within 45 days if all goes well.

            Mr. Sterner reported that Hanover Pointe has supplied the cut sheets but they had to be reviewed by Hanover Engineering Associates and sent back for correction.

 

PUBLIC WORKS REPORT

            Mr. Healy had nothing to report.

 

SOLICITOR’S REPORT

            Mr. Broughal discussed a request by Jaindl Land Company back in August in regards to a request for reduction in security for Lot 1 which makes up the IDI Development Plan. At the last supervisors meeting we approved to send a letter to IDI regarding the request in reduction in security and he received a response to the letter concerning the reduction from IDI that states they have no problem with the reduction of security to Jaindl Land Company. The Developer requested a release of $1,780,000.00.

            Hanover Engineering recommends a reduction in security in the amount of $1,505,728.35 and retaining $720,422.65 for security to finish improvements in the Hanoverville Road area.

 

 

 

            Mr. Broughal asked the Board to consider acting on this tonight. His concern is that the request of release in security was made back in August and there is a specific time limitation where we must act under the PA Municipalities Planning Code. We are coming up against that and if we don’t act in a timely basis, the Developer gets all of his release he requested.

 

            Mr. Salvesen moved that the Board approve the request in reduction of security in the amount of $1,505,728.35 as recommended by the Township Engineer, as requested by Jaindl Land Company, subject to the Developer adhering  to Township Policy #25 (payment of Plans and Appeals Account charges) and to notify the Developer of the Board’s action.

            Mr. Walbert seconded the motion.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes.

 

ENGINEER’S REPORT

            Mr. Birdsall stated he received a request for reduction in security for Hanoverville Road and Jacksonville Road and Hanoverville Road and Airport Road. Mr. Birdsall will have a letter for the next supervisor’s agenda.

 

ROAD REPORTS

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

 

            Upon motion of Mr. Walbert, seconded by Mr. Colon, the Board approved adjournment at 8:32 P.M.

Mr. Salvesen yes, Mr. Colon yes, Mr. Walbert yes.

 

 

 

 

                                                                                                Linda J. Sterner

                                                                                                Secretary/Treasurer