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, PA. 18017 at 7:30 P.M.
Present were Supervisors Colon, Walbert and Salvesen, Engineer Birdsall, Solicitor Broughal, Manager Sterner and Public Works Director Kevin Healy.
The Pledge of Allegiance was performed.
Upon motion of Mr. Walbert, seconded by Mr. Colon, the Board unanimously approved the Agenda.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen 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 September 13, 2005.
Mr. Finnigan abstain, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes.
Upon motion of Mr. Salvesen, seconded by Mr. Colon, the Board approved the List of Bills and Transfers dated September 27, 2005 as prepared by the Secretary/Treasurer, and to enter the signed List of Bills by the Secretary/Treasurer as an attachment to the minutes.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes.
COURTESY OF THE FLOOR
Attorney Joseph Zator was present representing Jaindl Land Company. They are close to obtaining the Highway Occupancy Permit for the 512/Jaindl Blvd intersection and asked that the Board approve to allow Attorney Broughal to proceed with the condemnation process.
Mr. Finnigan moved that the Board approve to authorize the Township Solicitor to notify Theodora Bozakis, property owner of Golden View Diner that the Township will take appropriate condemnation procedure for the temporary construction easement and that they have no more than 10 days to respond to our notification.
Mr. Walbert seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes.
Attorney Joe Piperato was present representing Nic Zawarski and stated he would speak at the end of the meeting.
REPORT OF THE CHAIRMAN
Mr. Finnigan had nothing to report.
REPORT OF THE VICE-CHAIRMAN
Mr. Diacogiannis is on vacation.
SUPERVISORS COMMENTS
Mr. Colon stated the Hanover Lions planted two trees in memoriam. The Bethlehem Lions was in memorial to Irv Good. Mr. Colon read the following letter written by Mrs. Ruth Good to the Supervisors:
“Hanover Township
Board of Supervisors
Attn: Frank Colon
My sincere appreciation for the part you played in honoring Irvin with a memorial tree.
You, the Supervisors, had a far-reaching vision to provide a beautiful area for our Hanover Township residents.
As a resident of this Township since 1950, I realize how wise we were in building our first home in Hanover Township.
I shall look forward to taking Irvin’s four great-grandchildren (ages 1- 15) to see “pop-pop’s tree”
Again, my sincere thanks.
Ruth Good”
Mr. Finnigan stated that the rest of the Supervisors new him better than he, but Irv was one of the neatest guys I knew and a valuable person on the Special Events Committee and his death was a loss to them.
PLANNING & ZONING
Mr. Glenn Taggart was present to discuss the traffic calming study prepared by Hanover Engineering. The Planning Commission reviewed the study back in April he and apologized for taking so long to make their recommendations to the Board of Supervisors.
Mr. Taggart presented five recommendations:
1. The report should identify areas in the Township where there are needs or problems.
2. Seek public review
3. Evaluate the top few priority issues
4. Report findings back to Planning Commission for review and comment
5. Present findings and recommendations to the Supervisors
Mr. Taggart stated he is not faulting what was in the report, from an engineering standpoint they did a nice job, but it didn’t get back to addressing the needs that were brought to the Board. This is a good start but we would like to see it go further.
Mr. Taggart stated we need more technical information in order to know whether we have a need, if we have a problem and if we have a feasible solution.
A discussion was held between the Board regarding some of the traffic situations and problems that residents in various areas of the Township had brought to the Township’s attention.
Mr. Finnigan asked Mr. Taggart to get their ideas to Mr. Walbert and Mr. Sterner for them to take a look at.
Mr. Feehan, Mr. Paul Burke and Mr. Dugan from the Airport Advisory Committee were present to discuss the Airport.
Mr. Burke updated the Board on the Airport Advisory Board and the initiatives they have been taking to apply pressure on the Airport.
Mr. Dugan updated the Board on what other Airports are doing.
Mr. Feehan stated the Airports have a responsibility to the Townships to allow them to participate in the problems that they get from the Airport. We are trying to determine what the right way to proceed is. We need to talk to the right people who have been successful and figure out an action plan.
They asked that money in the amount of $6,000.00 be put in the Township budget to enable us to meet with right people to get an action plan together for us.
Mr. Finnigan asked that they put that in the Airport Advisory Committee budget and it will be reviewed during the budget process.
Mr. Walbert moved that the Board approve the following Resolution establishing the “fair market value” of one (1) acre of residential land within the Township and the “fair market value” of one (1) acre of non-residential land within the Township:
RESOLUTION 05-12
WHEREAS, the Township of Hanover, Northampton County, Pennsylvania (the “Township”) has adopted a Subdivision and Land development Ordinance (“Saldo”); and
WHEREAS, §159-16.D. of Saldo requires the dedication of land by a developer for future recreational and open space use; and
WHEREAS, §159-16.D.(4) provides that where recreation/open space already exist the Township may accept monetary contributions in lieu of actual land contribution; and
WHEREAS, §159-16.D.(4) provides a mechanism for determining the monetary contribution based on the “fair market value” of land in the Township at the time the contribution is to be made; and
WHEREAS, the “fair market value” may be amended and updated from time to time a resolution adopted by the Board of Supervisors of the Township; and
WHEREAS, in order to establish the present “fair market value” of land in the Township, the Supervisors had an appraisal prepared by Imperial Realty Appraisal, LLC dated August 17, 2005, which established the “fair market value” of land in the Township based upon a one (1) acre of residential land and one (1) acre of non-residential land.
NOW THEREFORE, be it resolved and it is resolved that the Board of Supervisors of the Township for purposes of Saldo §159-16.D.(4) hereby establish the “fair market value” of one (1) acre of residential land within the Township to be $130,000.00 per acre and the “fair market value” of one (1) non-residential land within the Township to be $120,000.00 per acre.
Mr. Colon seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes.
PUBLIC WORKS
A discussion
was held concerning the Township Pool Renovations.
Mr. Sterner stated the reason this was on the agenda was because we ran into a significant amount of cracks and some of them were rather large and brought some concern. We have found a source to have them repaired and they will repair them by injecting the crack and thereby sealing them off.
DEVELOPMENTS
It is noted for the record that Schoor DePalma, representing Posh Properties, has withdrawn the sketch plan for Hanover Highlands Lot 2 dated August 26, 2005.
Mr. Colon moved that the Board approve the security release request for Hanover Ridge for Phase 1 in the amount of $67,136.69; that the work remaining plus contingencies is maintained at a minimum amount of $299,829.31 as recommended by the Township Engineer subject to Township Policy No. 25.
Mr. Colon moved that the Board approve the security release request for Hanover Ridge for Phase 2 in the amount of $103,874.25; that the work remaining plus contingencies is maintained at a minimum amount of $119,375.25 as recommended by the Township Engineer subject to Township Policy No. 25.
Mr. Colon moved that the Board approve the security release request for Hanover Ridge for Phase 3 in the amount of $89,096.75; that the work remaining plus contingencies is maintained at a minimum amount of $134,778.25 as recommended by the Township Engineer subject to Township Policy No. 25. Mr. Colon moved that the Secretary 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. Colon moved that the Board accept the Lehigh Valley Corporate Center I curb and sidewalk installation in Lot 8B and acknowledge completion of their pathway system and that the Board release the security in the amount of $16,544.00 and any accrued interest to the Developer as recommended by the Township Engineer subject to Township Policy No. 25. Mr. Colon moved that the Secretary 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. Colon moved that the Board approve the security release for Jaindl request for Exhibit “A-3” a release of $445,690.00 conditioned upon receipt of Maintenance Security in the amount o f $68,353.50 ( $445,690.00 x 15%) plus $10,000.00 for Punch List items as PennDOT has accepted the paving work for this widening. The curbing & sidewalk which was installed by DeLuca Homes is also secured by DeLuca Homes.
Also, to approve the security release for Exhibit “A-4” a release of $285,940.00 conditioned upon receipt of Maintenance Security in the amount of $45,891.00 ($305,940.00 x 15%) plus $20,000.00 for Punch List items as the commercial lot pond and associated storm piping system along Hanoverville Road, which was installed by DeLuca Homes is also secured by DeLuca Homes.
Also subject to Township Policy #25 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. Colon moved that the Board require that the following items be satisfied prior to approving the release of 100% of the improvements security for Jaindl as stated below:
1. The Developer shall obtain PennDOT approval for the work completed under the Highway Occupancy Permit. PennDOT has suggested that, after we issue our punch list, an inspection will be scheduled with the East Allen Township, the Developer, the Contractor, and PennDOT.
2. The Developer shall complete the punch list work shown on the attached list dated September 19, 2005, to the satisfaction of East Allen Township.
3. The Developer enter into a separate 18-month Maintenance Agreement with East Allen Township and post maintenance security in the amount of 15% of the cost of the improvements within East Allen Township.
4. The Developer satisfies any outstanding obligations for costs associated with the right-of-way obligation, if any exist.
Mr. Walbert seconded the motion.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes.
Mr. Colon also moved that the Board approve a reduction of security to reflect the substantial completion of the improvements, as follows, until final acceptance and posting of maintenance security as recommended by the Township Engineer subject to Township Policy No. 25:
A. Airport Road/Hanoverville Road/Snowdrift Road
$710,340.00; and
B. Hanoverville Road/Jacksonville Road
$150,640.00.
Also, that the Secretary 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. Colon moved that the Board approve the release of Escrow for Hanover Pointe Subdivision 102 Lot in the amount of $71,967.00 upon the following conditions, as recommended by the Township Engineer subject to Township Policy No. 25:
1. That the Developer provides the Township with a status of the security being provided by First Star Savings Bank.
2. That the Developer acknowledges that the security provided by First Star Savings Bank as required by the Subdivision Improvements Agreement will remain at a minimum of $2,478,079.35, for the work remaining plus contingencies.
Also, that the Secretary 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.
It was noted for the record that 3910 Adler Place has granted the Township an extension to January 9, 2006.
It was noted that Attorney Broughal was not present for the following presentation and discussion by Attorney Piperato due to a conflict of interest.
Attorney Joseph Piperato was present representing the Hanover Ridge Subdivision. The overhang (front and rear) does not comply with the Zoning Ordinance for 14 lots. We are asking for guidance and if it is appropriate to ask for an amendment to the Site Development Plan.
Mr. Zawarski presented an enlarged copy of the permit application and enlarged it to show the infractions that were cited. The foundation is within the building restriction line. The rear overhang falls one foot inside the setback as does the front. Because of this, the permit was rejected.
The Board stated that they will not amend the Land Development Plan and they must go before the Zoning Hearing Board.
ADMINISTRATION
A discussion was held regarding the Colonial Regional Police negotiations with Upper Nazareth Township to include them in the regional police coverage.
A discussion was held on the ownership of the new facility. The Board agreed to notify the Colonial Regional Police that Hanover Township Board of Supervisors are in agreement that the facility should be multi-municipality owned.
Mr. Finnigan discussed the 2006 police budget and stated they have used the same formula since the beginning not what two of the municipalities wanted. The budget should be reworked based on formula #3 and to send a letter stating that to the Chief.
The budget also showed an overall increase of 7.39%, yet in the August 22 minutes of the Colonial Regional Police Commission; it stated that the 2006 proposed budget was worked up with a 4.5% increase. The minutes then stated that with this 4.5% this puts the longevity increase at 2500 dollars not 3000 dollars. Even if you use the 3000 dollars it comes nowhere to 7.39 indicated in the first draft of the budget.
Mr. Walbert stated that portion of the minutes geared more to longevity not the budget.
In conclusion, the Board agreed that the facility should be multi-municipality owned, the budget formula should be Formula #3 as presented by the Chief back in August, and that Upper Nazareth should be included in the 2006 Budget Formula should they decide to join.
COURTESY OF THE FLOOR
It was noted that no one wished to offer any comment.
TOWNSHIP MANAGER’S REPORT
Mr. Sterner updated the board on the Jacksonville Road Curb & Sidewalk project.
The project along Jacksonville Road and Macada Road by Hanover Pointe is progressing at a slow pace. We made contact with PPL and Verizon in regard to moving poles on Jacksonville & Macada Roads for the signalization of that intersection. We still hope to complete the project in 2005.
PUBLIC WORKS REPORT
Mr. Healy had nothing to report.
SOLICITOR’S REPORT
Mr. Broughal had nothing to report.
ENGINEER’S REPORT
Mr. Birdsall updated the Board on the East Allen portion of Valley View. The Board of Supervisors in East Allen did work a compromise with a road extension into Mr. Fatzinger’s land, but only to Mr. Fatzinger’s land not as a through road. It would end as a cul-de-sac.
We would work out the
maximum additional seven lots that could come down into the East Allen portion
of the subdivision.
ROAD REPORTS
Mr. Walbert – Road District #1, Mr. Salvesen – Road District #2, Mr. Colon – Road District #3 and Mr. Finnigan-Road Districts 5 & 6 had nothing to report.
Mr. Salvesen asked Mr. Healy to take a look at the end of Sydna where it meets Stark Road; there was a sinkhole there and we fixed it. It looks like there is a depression there again.
Mr. Healy stated he’d look at it tomorrow.
Upon motion of Mr. Colon, seconded by Mr. Walbert, the Board approved adjournment at 9:05 P.M.
Mr. Finnigan yes, Mr. Colon yes, Mr. Walbert yes, Mr. Salvesen yes.
Linda J. Sterner
Secretary/Treasurer