PLANNING COMMISSION HanoverT Township Northampton County VACKSONV/ILEROAD BETHLEHEM,PA1B0I7  April2,2 2018  Board of Supervisors Hanover Township Northampton County 3630 Jacksonville Road Bethlehem, PA 18017  Re. Planning Commission Vacancy,  The Planning Commission recommends the appointment ofDavid Orinski, 11991 Blair Road,  Bethlehem, PA to fulfil the current vacancy, effectivei immediately.  Check Bhr Barry  Chairman-Planing Commission    3/25/2018 HTCC-  This letter ist toi inform yout thata as of May 31, 2018,Iwill be resigning from the Speciall Events Committee. Thet timel involved ont this committee allowed met the opportunity tot further engage in the wonderfull Hanover would otherwise have not met, and observe dedicated people working tos sustain ande enhance another community, great community! meeti Itwas aj pleasure working withl Nichole. Her leadership qualities willo continue tos strengthen the mission and Ihave come tot terms witht ther never-ending mission ofe evaluating andi modifying my current commitments, resulted int the decision to close this chapter ofmy time with the committee. It's been fun, and thank-you for having me. which! have  individualsI Ispent goals ofthe  community center. Teresal Bogert 1170 Blair Rd Bethlehem, Pa. 18017 tsbogert@rcn.com    GRIFFIN INDUSTRIAL REALTY  Griffin Industrial, LLC 204 West Newberry Road Bloomfield, CT 06002 T:860-286-7660 F:860-286-7653  April 3, 2018  wegtipindusfialson  Board of Supervisors Hanover Township 3630. Jacksonville Road Bethlehem, PA 18017-9302 Re: 5210 and 5220. Jaindl Blvd To Whom It May Concern:  HCC2 Lot 10 Land Development Improvements  Please accept this request for an extension of time to complete the Land Improvements at 5210 and 5220. JaindI Blvd (HCC2 Lot 10). We are  Development requesting an. extension  of180 days to complete all approved work.  Please call should you have any questions concerning this correspondence (860)2434011.  Sincerely, Bor Scott Bosco Vice President GLNCM, LLC    Engineers Planners Surveyors Landscape. Architects Environmental Scientists  941 Marcon Boulevard Suite 807 Allentown, PA 18109 T:610.868.4201 :610.264.4672 w.moeicons.ting.com  MASER CRETITINE ..  March 22, 2018  Mr. John Finnigan, Jr. Township Manager Hanover Township 3630 Jacksonville Road Bethlehem, PA 18017 Re: SWB&R Associates  3865. Adier Place, Hanover Township MC Project No. 13000475A  Dear Mr. Finnigan:  The recording deadline for the SWB&R Building Addition Land Development  on April 20,  20, 2018. Our client has been attempting to secure a tenant for their building, expires but to date April has been unsuccessful. Thej plans will be recorded as soon as a tenant is found. This letter serves as ar request for ai twelve-month extension granting the Township deadline for recording to.  2019.  If you have any questions, please do not hesitate to contact me at (610) 868-4201 or  IDAmsosREse  Very trulys yours, MASER CONSULTINGP.A. Nn - C.Richard Roseberry   PE,AICP  Principal Associate/LEED Green Associate  CRR/djl  BcadPos.0IuOATsw.oaatdet  Customer Loyalty through Client Satisfaction    ORDINANCE NO. 18-. 3  AN ORDINANCE OF THE TOWNSHIP OF HANOVER, NORTHAMPTON COUNTY, PENNSYLVANIA AUTHORIZING THE: NIERGOVERMMENTAL COOPERATION WITH THE TOWNSHIP OF LOWER NAZARETH, COUNTY OF NORTHAMPTON, AND' THE. BOROUGH OF BATH, NORTHAMPTON COUNTY, IN ENTERING INTO AN AGREEMENT WITH TOWNSHIP OFI LOWER NAZARETH, COUNTY OF NORTHAMPTON, AND' THE BOROUGH OFBATH, NORTHAMPTON COUNTY, REGARDINGTHE COLONIAL REGIONAL POLICE COMMISSION AND THE NOW, THEREFORE, bei it enacted and ordained by the Board of Supervisors of Hanover' Township, Northampton County, Pennsylvania and the same is hereby ordained and  EXECUTION OF A SETTLEMENT AGREEMENT  enacted as: follows, to wit:  SECTION1. The Board of Supervisors at Hanover Township, Northampton County, Peansylvania, under powers vested ini it by the "Second Class Township Code" and the authority and procedures oft the Intergovemmental Cooperation Law", as amended, as well as other laws oft the Commonwealth ofPennsylvania, do hereby enact and ordain the following:  SECTION2. The Chairman and Secretary oft the Board of Supervisors ofH Hanover Township, Northampton County, Pennsylvania arel hereby authorized and directed to execute a Settlement Agreement for the Colonial Regional Police Commission between Hanover Township, Northampton County, Lower Nazareth Township, Northampton County and the  Borough of] Bath, Northampton County ("Settlement Agreement").  SECTION3. The specific terms of the Settlement Agreement are contained within the Settlement. Agreement attached hereto as. EXHIBIT "A"and incorporated herein by reference, SECTION4. Hanover Township shall cooperate with Lower Nazareth Township and the Borough ofBath to accomplish the conditions oft the Settlement Agreement, SECTION5, All provisions ofTownship ofHanover ordinances and resolutions and parts thereoft that were. adopted prior to this Ordinance and that are in conflict with this  Ordinance are. hereby amended by this Ordinance. the' Township ofHanover, CoumtyofNorlhampion on this  ENACTED. AND ORDAINED at a regular meeting oft the Board ofCommissioners of  day of  2018. ATTEST:  HANOVER TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA By;  By:  John. J. Finnigan, Jr., Township Manager  John N. Diacogiannis, Chairman Board of Supervisors    SETTLEMENT AGREEMENT  This Settlement Agreement (this "Agreement"): made as of April 2018, byand among BATH BOROUGH ("Bath"), HANOVER TOWNSHIP ("Hanover"), LOWER NAZARETH TOWNSHIP ("Lower Nazareth"), and the COLONIAL REGIONALPOLICE  COMMISSION ("CRPC").  RECITALS  WHEREAS, Bath is aj political subdivision oft the Commonwealth of] Pennsylvania, situated in Northampton County, Pennsylvania, with an office address of215 East Main Street, Suite 1,  Bath, PA 18014; and  WHEREAS, Hanover: is a political subdivision oft the Commonwealth ofPennsylvania, situated in Northampton County, Pennsylvania, with an office address of3630. Jacksonville Rd.,  Bethlehem, PA 18017; and  WHEREAS, Lower Nazareth is aj political subdivision oft the Commonwealth of Pennsylvania, situated in Northampton County, Pennsylvania, with an office address of6 623 Municipal Drive,  Nazareth, PA 18064; and  WHEREAS, Bath, Hanover and Lower Nazareth collectively created CRPC and its Colonial Regional Police Department pursuant to Articles of Agreement made May 10, 1995, amended  December 7, 1998; and  WHEREAS, Bath, Hanover and Lower Nazareth updated and revised the Articles of Agreement made May 10, 1995, amended December 7, 1998, via the. Amended. Articles of Agreement made  March 12, 2013 (the "Articles"); and  WHEREAS, the. Articles replaced the Articles of Agreement made May 10, 1995, amended December 7, 1998, and the. Articles of Agreement made May 10, 1995, amended! December 7,  1998, have no further force or effect; and  EXHISIT MA"  1  03/27/20181 SLI 1507296x50501220004    WHEREAS, CRPC owns, governs and operates the Colonial Regional Police Department  ("CRPD") pursuant to the. Articles; and  WHEREAS, CRPC and its CRPD are located at 248 Brodhead Rd., Bethlehem, PA 18017; and WHEREAS, Bath, Hanover and Lower Nazareth are: members of CRPC pursuant to the  Articles; and  WHEREAS, pursuant to Article XII, Section A ofthe Articles, Bath timely provided written notice of] Bath' s intent to withdraw its membership in CRPC effective as of. January 1,2019,in  accordance with the Articles; and  WHEREAS, with respect to Bath's withdrawal from CRPC via the Articles, there are unknowns  including, but not limited to, liabilities and expenses; and  WHEREAS, because oft the unknowns, the parties hereto desire Bath's withdrawal from CRPC effective at midnight, June 30, 2018, and the parties hereto desire to amicablei resolve the unknowns with respect to Bath's withdrawal pursuant to the terms and conditions hereunder.  NOW, THEREFORE, the parties hereto, fori the mutual promises herein, and with  the express intent to be legally bound, dol hereby agree as follows;  1. Bath shall cease tol be a member of CRPC at 12:00. AM on. July 1, 2018, six (6)  months earlier than is contemplated by the. Articles.  2. Effective at 12:00. AM on July 1, 2018, CRPC shall have no further obligation to  provide police service to the residents of Bath, except as set: forth below.  2  03/27/2018 SLI 1507296v5 050122.00004    3. CRPD shall turn over to the District Attorney ofNorthampton County all criminal investigations arising within Bath's geographical limits that have not resulted ini the filing of criminal charges on or before June 30,2018. For criminal cases arising in Bath's geographical limits filed by CRPD in court on or before June 30, 2018, CRPD shall provide contract police services to Bath at the: rate ofNinety-Two and 26/100 ($92.26) Dollars per. hour (time spent shall be assessed in accordance with the current Collective Bargaining Agreement) pursuant to the terms of an agreement between Bath and CRPC: for police services (the "Police Services Agreement"). The Police Services Agreement is attached hereto as Exhibit"A"andi made aj part hereof. After Bath, Hanovér, Lower Nazareth and CRPC: sign this Agreement and very promptly after the Colonial Regional Police Association signs the Memorandum of Understanding referenced inj paragraph 6 below, Bath and CRPC shall sign the Police Services. Agreement.  4. Even though CRPC shall no longer provide police coverage to Bath effective July 1, 2018, except for the above, Bath will pay $242,714.88 to CRPC in six (6) monthly installments int the amount of$40,452.482 payable on the 10th ofeach oft the 61 months with the first payment due July 10, 2018, plus the cost of contract police services for the contract police services per paragraph 3 above. Upon acceptance oft the terms oft this proposal, the aforesaid payments shall be the only financial obligations of Bath remaining regarding Bath'si involvement in the CRPC or as a] participant in the. Articles, with all other obligations assumed by Hanover and Lower Nazareth. CRPC will not be liable to. Bath for distribution ofl Bath's] proportionate share ofthe  fair market value oft the assets ofCRPC.  5. Effective July 1, 2018, Bath shall neither be aj party to the. Articles nor subject to the  Articles for any purpose, rendering the. Articles, as to Bath, null and void.  IThe foregoing sentence: is contingent upon the District Attomey ofNorthampton County's acceptance ofthe foregoing investigations. In the event the District. Attorney ofNorthampton County does not accept the foregoing investigations, CRPC shall provide contract police services to Bath for the: foregoing investigations and criminal charges arising therefrom (if any) at the rate ofNinety-Two and 26/100 ($92.26) Dollars per hour (time spent shall be assessed in accordance with the current Collective Bargaining. Agreement): pursuant to the Police Services 2 Please note that this figure ($40,452.48): is calculated at1 the rate of $35,176.07 a month Agreement. plus fifteen (15%) percent to cover any contingencies, unknown liabilities, and expenses incident to  transition.  3  03/27/2018 SLI 1507296v5 050122.00004    6. This Agreement is contingent upon Bath, CRPC and Colonial Regional Police Association signing the form Memorandum ofUnderstanding attached hereto as. Exhibit "B" and  made aj part hereof.  7. Bath shall not be liable for any costs, obligations or liabilities of CRPCwhatsoever, including, but not limited to, CRPC's attorneys' fees and costs, arising on or after. July 1,2018. 8. Bath shall notl be liable for any costs, obligations or liabilities of Hanover whatsoever related to CRPC, including, but notl limited to, Hanover Township'sa attorneys' fees and costs. 9. Bath shall not be liable for any costs, obligations orl liabilities ofLower Nazareth whatsoever related to CRPC, including, but not limited to, Lower Nazareth's attorneys' fees and  costs.  10. Notice. All notices required by or relating to this Agreement shall be in writing and shall be delivered by (i) commercial carrier with proof of delivery, (ir) mailed United States registered or certified mail, return receipt requested, postage prepaid, or (ii): mailed United States mail, postage prepaid with a certificate oft mailing, to the other respective party at said party's address set forth herein, or at such other address as aj party shall designate by written notice pursuant to this Paragraph 10 to the other parties. All notices required by or relating to this Agreement shall be effective when delivered pursuant to this Paragraph 10 or when placed: in  the mail with proof via certificate ofi mailing pursuant to1 this Paragraph 10,  11. No Admissions of] Fault, Liability or Wrongdoing. This Agreement is entered into and the terms and conditions hereof are agreed to by thej parties hereto without any party conceding that thej positions previously asserted by each in this controversy are correct or  incorrect as ai matter oflaw.  12. Enforcement of] Rights. In the event aj party hereto fails to perform any ofhis, her or its obligations hereunder, the aggrieved party shall have the right to enforce this Agreement by an action in law ori in equity (including a suit for specific performance) without thereby waiving the right to also: recover damages caused by another party's breach of any ofhis, her or its obligations under this. Agreement. In the event that aj party) hereto institutes al legal proceeding  4  03/27/2018 SLI 1507296v5 050122.00004    against aj party hereto to enforce the obligations arising hereunder, the prevailing party shall be entitled to recover reasonable attomeys' fees (including those incurred on appeal) and costs.  13. Rule of Construction. The parties acknowledge this Agreement was initially prepared by Bath solely as a convenience and that the parties hereto (and their counsel, as applicable) have read and fullynegotiated the language used in this Agreement. Thej parties hereto acknowledge that because the parties hereto (and their counsel, as applicable)paticepated ini negotiating and drafting this Agreement, noi rule of construction shall apply to this Agreement which construes  ambiguous or unclear language: in favor of or against either party.  14. Entire Agreement. This. Agreement constitutes the entire agreement between the parties hereto, and there are: no other understandings, representations or warranties, oral or written, relating to the subject matter hereofwhich are: not set forth herein. This Agreement may  only be amended by written consent of all parties to this Agreement.  15. Choiceo ofLaw: Choice of Venue. This Agreement shall be deemed tol have been executed and delivered within the Commonwealth of Pennsylvania, and the rights and obligations ofthe parties hereunder shall be construed and enforced in accordance with, and governed by, the laws oft the Commonwealth of Pennsylvania without regard to principles of conflict of1 laws. Thej parties hereto agree that the venue: for any disputes arising from this Agreement shall be the Northampton County Court of Common Pleas or its successor,  16. Counterparts: Binding Effect. This Agreement may be executed in counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. This Agreement shall be binding when one or more counterparts hereof, individually or taken together, shalll bear the signatures oft the parties hereto. Further, this Agreement shall bel binding upon andi inure to the benefit ofs successors oft the respective parties. A: facsimile copy of an executed counterpart  shall serve as an original copy of the counterpart.  17. Recitals. The Recitals form ai material part oft this Agreement and are incorporated  herein by reference.  5  03/27/2018 SLI 1507296v5 050122.00004    The parties hereto have set their hands and seals the day and year first above written.  Witness:  BATH BOROUGH  Bradford T. Flynn, Bath Manager  Mark Saginario, President  Witness:  HANOVER TOWNSHIP  Elizabeth D. Ritter, Township Secretary  Michael J. Prendeville, Vice Chairman  Witness:  LOWER NAZARETH TOWNSHIP  Tammi M. Dravecz, Township Secretary  James S. Pennington, Chairman  Witness:  COLONIAL REGIONAL POLICE  COMMISSION  Michele Ehrgott, Secretary  John N. Diacogiannis, Chairman  6  03/27/2018 SLI 1507296v5 050122.00004    ORDINANCENO.18- 4  AN ORDINANCE OF THE TOWNSHIP OF HANOVER, NORTHAMPTON COUNTY, PENNSYLVANIA AUTHORIZING THE NTERCOVERMMENTAL COOPERATION WITH' ITHE TOWNSHIP OF LOWER NAZARETH, COUNTY OFI NORTHAMPTONI IN ENTERING INTO AN. AGREEMENT WITH' TOWNSHIP OF LOWER NAZARETH, COUNTY OFI NORTHAMPTON. REGARDINGTHE COLONIAL REGIONAL POLICE COMMISSION. AND THE EXECUTION OF AMENDED ARTICLES OF AGREEMENT NOW, THEREFORE, bei ite enacted and ordained by the Board of Supervisors of Hanover Township, Northampton County, Pennsylvania and the same: is hereby ordained and  enacted as follows, to wit:  SECTION1 The Board of Supervisors at Hanover Township, Northampton County, Pennsylvania, under powers vested in it by the "Second Class Township Code" and the authority and procedures oft the Intergovernmental Cooperation Law", as amended, as well as other laws ofthe Commonwealth of Pennsylvania, dol hereby enact and ordain the following;  SECTION2. The Chairman and Secretary ofthel Board of Supervisors of Hanover Township, Northampton County, Pennsylvania are hereby authorized and directed to execute Amended Articles of Agreement for the Colonial Regional Police Commission between Hanover Township, Northampton County and Lower Nazareth Township, Northampton County  ("Amended Articles of Agreement").  SECTION3. The specific terms oft the Amended Articles of Agreement including those required by 531 P. C.S.A. 2307 are contained within the Amended Articles of Agreement attached  hereto as. EXHIBIT "A"and: incorporated herein by reference. accomplish the conditions oft the. Amended Articles of Agreement.  SECTION4. Hanover Township shall cooperate with Lower Nazareth Township to SECTION5. All provisions ofTownship ofHanover ordinances and resolutions and parts thereoft that were adopted prior tot this Ordinance and that arei in conflict with this  Ordinance are. hereby amended by this Ordinance. the' Township ofHanover, County ofNorthampton on this  ENACTED AND ORDAINED at ai regular meeting oft the Board of Commissioners of  day of  2018. ATTEST:  HANOVER TOWNSHIP, NOKTHAKYTONCOUNTY, PENNSYLVANIA By:  By:  John. J. Finnigan, Jr. Township Manager  John N. Diacogiannis, Chairman Board ofSupervisors    COLONIAL REGIONAL POLICE DEPARTMENT AMENDED ARTICLES OF AGREEMENT HANOVER TOWNSHIP - LOWER NAZARETH TOWNSHIP  THESE ARTICLES OF AGREEMENT made this,  day of  2018, by and betwéen HANOVER TOWNSHIP NORTHAMPTON COUNTY) and LOWER NAZARETH TOWNSHIP, political subdivisions of the Commonwealth of Pennsylvania, situate in Northampton County, hereafter referred to as the Municipalities", and the COLONIAL REGIONAL POLICE DEPARTMENT, a Regional Policel Departmentorganized and existingpursuanttot the certain Articles  of Agreement dated May 10, 1995.  WITNESSETH:  WHIEREAS, the Municipalities along with Bath Borough had collectively created the Colonial Regional Police Departmentand the Colonial Regional Police Commission pursuant to certain Articles of Agreement dated May 10, 1995; and WHEREAS, the power to create such Police Department is granted by the Constitution of the Commonwealth of Pennsylvania in Article IX, Section 5, and  the Act ofJ July 12, 1972, as amended (53 P.S. 481, et seq.); and  WHEREAS, Bath Borough has elected to withdraw its participation in the Colonial Regional Police Department and Colonial Regional Police Commission;  and Draft: 2/22/18  EXHIBI7 A    WHEREAS, thel Municipalities and the Colonial Regional Poliçe Commission believe that iti is in the best interests of the Colonial Regional Police Commission and the Colonial Regional Police Department to update and revise the aforesaid  Articles of Agreement dated May 10, 1995; and  WHEREAS, the Municipalities desire uniformity and continuity in the hmsdfehametécwmanaPuphaNw aand the ordinances  of the Municipalities; and  WHEREAS, the continued coordination and integration of the exercise and discharge of police powers in the Municipalities can be improved and continue to be more cost effective by the continuation oft the Regional Police Department; and WHEREAS, it is the desire of the Municipalities to enter into this revised and updated Articles of Agreement for the purpose of having available for use throughout the territorial limits of the Municipalities the services of a Regional Police Department under the terms and conditions hereinafter set forth; and  WHEREAS, thel Municipalities desire to continue to associate themselves in the Regional Police Department known as the Colonial Regional Police  Department.  NOW, T'HIEREFORE, in consideration of the mutual promises set forth hereafter, and intending to be legally bound, the parties hereto agree as follows:  Draft 2/22/18  2    ARTICLEI  POLICE DISTRICT BOUNDARIES  Section A. Allmutualmunicipal boundaries in thel Municipalities shall be obliterated for the purposes of police service so that a single police district comprising the total geographic area ofHanover Township Northampton County) and Lower Nazareth Township is established, hereafter to be known as the  Colonial Regional Police District.  Section B. The Municipalities shall be deemed to have surrendered their authority to provide police service in said areas to the Colonial Regional Police Commission, subject to the terms of this Agreement and the limitation sét forth  in Section C.  Section C. The Municipalities shall retain concurrent police jurisdiction to enable each to enforce its own municipalordinances: in the manner  power  and through the means each deems appropriate.  ARTICLE II  JOINT REGIONAL POLICE COMMISSION  Section A. The Colonial Regional Police Department ("CRPD") shall be under the general supervision of a joint Board to be known. as the Colonial Regional Police Commission ("CRPC") consisting of one (1) representative from each Municipality party to this Agreement. Each member Municipality shall also  Draft 2/22/18  3    appoint one (1) alternate who may attend meeting and participate as a representative when sO designated by its representative. An alternate shall not  have the right to vote unless the representative is absent.  In the maadtsaaupuiwaw the CRPC, each suchl Municipality shall have a membership in the CRPC as the Municipalities shall designate and agree. Municipalities seeking membership in the CRPC must receive an affirmative unanimous vote of the existing members governing body. The terms and conditions ofj joinder shall be approved by an affirmative vote of the governing  bodies of all then current member Municipalities.  Sèction B. Therepresentative: may be one (1) of the' Township Supervisors or the Township Manager. Alternates shall be an elected Supervisor or Manager of the Municipality. In the event that ai representative or alternate ceases being an elected official or Manager, he or she shall simultaneously cease being a representative or alternate on the CRPC. The Manager shall have all of the: rights  and responsibilities of an elected official.  Section C. Theg governing - body ofe each member Municipality shall appoint the representative and one (1) alternate to the CRPC. The terms of office shall commence on the date ofappointment, which shall be made by thel Municipalities as they see fit, In the absence of the voting delegate, the alternate delegate  assumes all rights and responsibilities.  Draft2/22/18  4    Section D. The officers of the CRPC shall be Chair, Secretary and Treasurer, and such other officers as the CRPC may deem necessary and appropriate. Officers shall be duly elected by the CRPC representatives at the annual CRPC: reorganization meeting Or at other times throughout the year if the need arises. Duties of the officers shall be as prescribed by Roberts Rules of Order, Revised. No single individual, regardless of their position on the Commission, shall have the authority to make policy decisions, authorize expenditures or direct any employee of the CRPD to perform a task without consensus from the CRPC. All policy decisions and expenditures shall be approved by the colléctive body (CRPC). Operational employee directives shall come from within the management structure of the Police Department. The Commission as a whole shall provide directives to the Chief of Police or the  ranking officer in charge, as needed.  ARTICLE III MEETINGS  Section. A. The CRPC shall: meetat7:00P.M. on the fourth Monday of each month, or any othermutually agreèable date as set by the Coloniall Regional Police Commission for the purpose of conducting the business of the Board, and in the event that such day is a legal holiday under the Laws of the Commonwealth, on the next succeeding secular day not a legal holiday under the Laws of the  Draft 2/22/18  5    Commonwealth, or at such other time as may be determined by a motion of the  CRPC.  The first meeting each year shall be the annual reorganization meeting for the purpose of electing officers for a one (1) year term and otherwise conducting  annual reorganization business.  Section B, Special or rescheduled regular meetings of the CRPC may be scheduled by appropriate resolution of the Board fixing the date, time, and place ofsuch meeting. Special or rescheduled. meetings may be called by the Chair and shall be called at the written request of any member of thé CRPC. The call and the request, if any, shall state the purpose of the meeting. Written notice of each such special orrescheduled meeting shall be given atleast one (1) day prior to the day named for the meeting to each member of the CRPC who does: not waive such  notice in writing.  Section C. All members of the CRPC shall be necessary to constitute a quorum for the transaction ofbusiness, and the acts of a majority oft the members present at a meeting at which a quorum is present shall be the action ofthe Board provided, however, that any vote pertaining to the expenditure of CRPC funds shall require a majority of the members of the CRPC to constitute action of the Board. Voting on all questions shall be taken by a show of hands or voice vote provided, however, that the Chair may on his/het own motion or shall, at the  Draft 2/22/18  6    request of any member, cause a vote to be taken by roll call. The parliamentary procedure of the CRPC shall be governed by Roberts Rules of Order, Revised.  Section D. The CRPC shall maintain an accurate record of the minutes of meetings, regular or special, and such other records as it deems necessary and appropriate. Such minutes and records shall be open subject to the Pennsylvania  Open Records Law.  ARTICLE IV  APPORTIONMENT FORMULA  Section A. All costs for CRPD police service. including, without limitation, employee payroll and benefits and vehicle and headquarter operating expenses, shall be apportioned to each Municipality using a weighted formula based upon assessed property valuation thirty (30%) percent, municipal population thirty (30%) percent and number ofi incidents forty (40%) percent. The apportionments shall be determined on an annual basis based upon the following:  Assessed Property Valuations: Shall be as determined by the certified figure provided to each Municipality by the County ofNorthampton as ofJune 30. The Assessed Property Valuation shall be established each year by taking an average of the previous three (3) years. Each succeeding year, the figure shall be the  average of the previous three (3) years.  Draft 2/22/18  7    Incidents: The incident value shall be that number tabulated and reported in the Department; prepared annual report for the three (3): previous years average as of June 30th. An incident, for the purpose oft this. Agreement, shall be defined as action of a department officer as a result of a radio communication, telephonic communication, personal contact or self-initiated action thatresults in a written department report. Members shall be able to reconcile the incident rate against department police reporttabulations. Itis theintention ofthe Municipalities that Incidents, as defined by this Agreement, shall fairly reflect the amount of police activity necessary in each Municipality to adéquately provide the police services  any  required by this Agreement.  Population: Population value shall be established annually by utilizing the decennial census in the post census year and: in interim years utilizing a formula which incorporates new housing units and average population rates for those units based on a three (3) year rolling average as of June 30th. Each member Municipality shall provide to the CRPC a report of all new residential housing construction, by type, from the previous calendaryear, subjecti to verification from the Northampton County Assessor's Office. Only those units issued a Certificate ofOccupancy shall be counted for thatyear. Appendix "A'ofthisAgreement shall be utilized to calculate thei interimp population increases overthe decennial census  Draft 2/22/18  8    as published by the Federal Department of Labor and Statistics. Housing unit reporting to the CRPC by the Municipalities shall be in a format consistent with the table found in Appendix "A". The population value used shall be from the previous full calendar year from the year the budget is being prepared.  Section B. Any new: member joining CRPC shall be required to pay to the CRPC and any current member Municipality an. admissions fee in the amount determined by the member Municipalities. Said amount must be paid by a new  member before its membership becomes effective.  ARTICLE V FINANCE  Section. A. TheCRPC: halappointaFinancis, Administratoronan annual basis who is not an elected or appointed representative of a CRPC Member. The finances of the CRPD shall be administered by a Financial Administrator who shall report directly to the CRPC on financial matters only. On all other: matters, the Financial Administrator shall be under the direct supervision of the Police Chief. It is contemplated that the Financial Administrator shall have clerical and/or administrative duties in addition to those as. Financial Administrator.  Section B. The CRPC shall prepare and approve by a majority vote an annual budget by November 15th of each year. A preliminary budget shall be  Draft 2/22/18  9    submitted tot the member) Municipalities: riol latert than September 1st. Anymember Municipality that votes no for a proposed budget shall be deemed to have submitted their letter of withdrawal from the CRPC pursuant to ARTICLE XII Section A effective January Istoft the year following the year for which it did not approve the budget, Each Municipality party to this Agreement shall release to the Financial Administrator proportionate shares of the annual budget appropriations monthly on the last day of each month, with the first bill dated November 30th and due and payable on or before December 318.  Section C. All monies oft the CRPC, from whatever source derived, shall be paid toi the Financial Administrator of the CRPC as designated by the CRPC. Said monies shall be deposited by the Financial Administrator in a special account in an FDICi insured depository located in any ofthe PariapatingMiumidpitie:. The account, to the extent the same is not: insured, shall be continuously secured by a pledge of direct obligation of the United States of America or of the Common- wealth of Pennsylvania, or of the Municipalities creating the CRPC, having an aggregate market value at all times at least equal to the balance on deposit on such an account. The monies in said account shall be paid out on the warrant or other order of the Finaricial Administrator of the CRPC and one (1) member of the CRPC. The Financial Administrator of the CRPC shall give bond in such sum as approved by the CRPC, and the premiums shall be paid by the CRPC.  Draft2/22/18  10    Section D. The CRPC shall file an annual written report with the Municipalities by June 30th of each year. The report shall, at a minimum, set forth the number and types of incidents and any trends relating thereto, recommendations as to improving poliçe service, and proposed capital improvement and expenditures for subsequent years. The CRPC shall have its books, accounts, and records audited annually by a Certified Publiç Accountant and a copy of the audit report shall be attached to, and be made a part of, the aforesaid annual report. Municipalities shall be authorized from time to time to examine the records of the CRPC, including its receipts, disbursements, sinking funds, investments and any other records as allowed by law, relating to the  operation of the Department.  ARTICLE VI  JURISDICTION AND POWER  Section A, The CRPC shall provide supervision and direction of all the police activities of the CRPD, and shall provide police services asi required in each participating Municipality, which may include, without limitation, investigation of all crimes and complaints within the Municipalities and all other services normally provided by a municipal police agency and permitted by applicable law.  Draft 2/22/18  11    Section B. In addition to the: foregoing, the CRPC shall have the following  express authority:  () Lease, sell and purchase real estate;  (i) Borrow monies;  (ii) Lease, sell and purchase personal property (weapons, vehicles, etc.); (v) Enter into contracts for the purchase of goods and services; (vi) Hire, fire, suspend, promote, demote, discipline, set salaries, and (vii) Establish and maintain bank accounts and other financial accounts; (x) Establish and fund employee benefit programs, including a pension (xi) Delegate any ofi its powers, exprèss or implied, to the Chief of Police orl his/her next in command, in the discretion of the CRPC. Items (i) and (ii) under this section require a unanimous vote from the CRPC and ratification from the Municipalities elected bodies subject to this Agreement. All other items under this section only require a majority vote of the CRPC.  (iv) Enter into collective bargaining agreements;  otherwise deal with employees;  (vii) Invest monies;  (ix) Serve as a hearing board for employee grievances;  fund; and,  Section C. The CRPD police officers and civilian personnel shall be under  the direct supervision of a Police Chiefwho shall report to the CRPC.  Section D. The CRPC, as an independent legal entity created pursuant to Article IX, Section 5 of the Constitution of the Commonwealth of Pennsylvania, shall not be governed by Borough or Township Codes. The CRPC may, however, look to such codes, including the Police Tenure Act, for guidance in the administration of the CRPD; however, in doing so, the CRPC shall: not be deemed  Draft2/22/18  12    to have adopted or become bound by said laws by implication or past practice. The CRPC shall be bound by the provisions oft the Local Agency Law, 2 Pa. C.S.A.  101, et seq.  Section E. The CRPC shall have, in addition to the express authority stated, -w" to caryingoutitspurpose  in providing police protection to the CRPD.  ARTICLE VII PENSION FUND  Section A. The CRPC has established a pension plan for its officers. An officer shall be deemed vested: in the CRPC pension plan when his years ofservice with the CRPD equals or excèeds the years required for vesting in the CRPC pension plan and the combined years of prior service from the Borough of Bath or the Borough of Nazàreth shall be used to determine benefit accrual, Upon establishment of the CRPC pension plan, no contributions shall be made to any  member Municipality's police pension fund by the CRPC.  The CRPC shall assume full responsibility for the àccrued pension liability attributable to its officers as a result of their service with the Police Department of a member Municipality who, as of June 30,1995, had been police officers dymawuaiy, The CRPC shallindemnify and hold member Municipalities harmless from and all claims made against them by any police  Draft2/22/18  13    officers, theirheirs, executors, and administrators, including payment ofçounsel  fees and costs based upon said accrued pension liability.  In the eventofthe dissolution oft the CRPC or the withdrawal ofany member Municipality, any member Municipality hiring any CRPC pojice officers shall assume the accrued pension liability attributable to such officers and the CRPC shall turn over to that Municipality from the CRPC pension fund a sum sufficient to fund the assumed liability and said sum shall be used to fund the assumed liability and for no other purpose. Upon the assumption of accrued pension liability, the member Municipality shall indemnify and hold the CRPC harmless from any and all claims made against it by any police officers, their heirs, executorsanda admihisatmihndudingyontudcoumsalien: and costsofsuit,  based upon said accrued pension liability.  ARTICLE VIII POLICE HEADQUARTERS  Section A, The Central Police Headquarters for the CRPC shall be located in 248 Brodhead Road, Suite 1, Hanover Township, Northampton County, Pennsylvania. The rental costs will be agreed to between the owners of 248 Brodhead Road and the CRPC, The Central Police Headquartersmayl be: relocated  from time to time by proper action of the CRPC.  Draft 2/22/18  14    ARTICLE KX POLICE RECORD SYSTEMS  Section A. hePhandalAdministaer shalll bei responsible: for and render ac complete accounting to the CRPC on a: monthly basis. Responsibility can be  delegated.  ARTICLE X IMMUNITY AND CLAIMS  Section A. The police services performed and the expenditures incurred undert this. Agreementshall be deemed for public and governmental purposes, and all immunities from liabilities enjoyed by the participating Municipalities within its boundaries shall extend to it participation in police service outside its  boundaries.  Section B. CRPC shall maintain adequate liability insurance coverage against claims arising out of its police activities. Each party to this Agreement and CRPC agree to cause any insurance policy providing liability coverage against claims arising out of its police activities, and in the case of the Municipalities participating hereunder whether within or outside its municipal boundaries, to anawaerdfabsopten clause or c-w company waives its right to subrogation against each party to this Agreement as to any and all causes of action or claims against all other participating Municipalities hereto which may arise out of police activities hereunder,  Draft2/22/18  15    Section C. For purposes of liability in actions arising out ofr regional police services, to the extent any such claims are not covered by liability insurance, all PartapatingMumidpalte: shall be liable in the same proportion as they are for the expenses of the participating Municipalities as set forth above in Article IV,  Section A.  ARTICLE XI  JOINDER OF ADDITIONAL MUNICIPALITIES  Section A. Additional municipalities may become party to this Agreement upon application to the CRPC, approval of all member Municipalities, and upon acceptance of this Agreement by the applicant municipality governing body, including payment of the admission fee required under Article IV, Section B.  Section B. TheCRPC may permit the purchaseafservices: by non-member municipalities on terms mutually agreed upon between the CRPC and such non- member municipalities. Any contract for services approval shall come from the member governing bodies and shall be by unanimous vote of the member  Municipalities.  ARTICLE XII WITHDRAWAL OF MEMBER  Section A. AmemberMlunicipality, ymay withdraw from participation in the CRPC, provided that written notice of intent to withdraw is sent by certified mail, return receipt: requested, to the CRPC at least one (1): year prior to the December  Draft 2/22/18  16    fifteenth (15") of the year preceding the year in which such withdrawal is to be effective. Withdrawal from participation in the CRPC: may also come: from actions taken at the budget approval process as indicated in ARTICLE V, Section B. A memberMunicipalily, isi freet toi rescind its notice ofintention tor withdraw, provided that such rescission is in writing and sent by certified mail, return receipt requested, to the CRPC at least 180 calendar days prior to the effective date ofthe withdrawal. Failure of a withdrawing Municipality to send said notice of rescission shall be deemed conclusive of the withdrawing Municipality's withdrawal from the CRPC effective as of the date set forth above. Reinstatement is not guaranteed. Acceptance of the rescission and ultimate reinstatement of member status is subject to the approval of the governing bodiès oft the remaining parties oft the Commission subsequent to the original notice ofintent to withdraw. In order to be reinstated, all ofthe governing bodies oft the remaining parties ofthe  Commission shall approve the reinstatement.  Section B. The withdrawal ofar member shall constitute dissolution of the  CRPC or the CRPD.  ARTICLE XIII TERM AND DISSOLUTION  Section A. The term of this Agreement is deemed to have commenced on April 1, 1995. The term shall renew automatically from year to year thereafter,  Draft2 2/22/18  17    subject to the withdrawal and dissolution provisions hereof. Each party hereto, by accepting and executing these Articles of Agreement, expresses its belief that a Regional Police Department: isi in the bestinterest of the member Municipalities. Section B. In the event ofd dissolution of the CRPC, allreal estate, vehicles, equipment, materials, and supplies retained by the CRPC shall be appraised by appraisers appointed by the CRPC for the purpose of determining fair market value. The CRPC shall pay all lawful debts and obligations incurred during its term of existence. The remaining cash, vehicles, equipment, materials, and supplies, if any, shall be distributed to the Municipalities in the same proportion as the funding assessments for the then-current fiscal year. In the event that an equitable distribution cannot be agreed upon by the CRPC, the vehicles, equipment, materials, and supplies shall be sold and the proceeds distributed in  the foregoing proportions.  Section C. Any real estate and improvements owned by the CRPC shall be sold in the event of a dissolution, Notice of the intention to sell real estate shall be given to the Municipalities by certified mail, The Municipalities shall have the right to submit written bids on any such property with the highest bidder being entitled to purchase, provided that the bid price is at least eighty (80%) percent of the fair market value of the property as established by a competent real estate àppraiser selected by the CRPC. Ifno qualified bids are: received within thirty (30)  Draft 2/22/18  18    days of notice of sale being given by the CRPC, then the property shall be for sale by public or private sale as the CRPC: may determine. All proceeds of sale shall be disbursed to members in accordance with Section B above.  placed  Section D. Each Municipality shall be responsible for any unfunded or contingent liability of the CRPD or CRPC in the same proportion as the funding  assessments for the then-currént fiscal year.  ARTICLE XIV  INTERPRETATION OF AGREEMENT/DEADLOCK RESOLUTION Section A. AMdpagudaepew ofthis Agreement shall be resolved by unanimous consent of the member Municipalities of the CRPC. Except for the establishment and passage of the annual budget, which shall require unanimous consent of the member Municipalities, in the event of a Deadlock" (as defined below) among the member Municipalities, the member Municipalities shall exercise their best effort to resolve Deadlock through negotiation. Forp purposes ofthis Deadlock Resolution provision, Deadlock" S shall mean that, following a good faith effortatnegotiations, the member Municipalities remain Déadlocked in the determination of ai material matter, which Deadlockof such material matter may cause irreparable injury to the CRPC and CRPD and threatens the ability of the CRPC and CRPD to perform essential functions of providing law enforcement services. If the Deadlock remains unbroken for a  Draft 2/22/18  19    period of ten (10) days, then in such event, the material matters which Deadlocked shall bereferred tot the Provisional Member who shall acte as tiebreaker  are  until such time as the Deadlock is resolved.  Section B. Solely for thej purposes set forth in SectionA above, the member Municipalities shall select a' Provisional Member" at its annual reorganization meeting or as shortly thereafter as possible. In the event that the member Municipalities are unable to agree upon a Provisional Member by. January 31stof any year, then the parties shall request in writing that the PresidentJudge of the Court of Common Pleas of Northampton County appoint the Provisional Member for that current year. The Provisional Member shall act only for the purpose of breaking àny Deadlock (as defined above) and shall not be deemed a: member for any other purpose. The Provisional Member shall be compensated for their time  spent performing their duties as the Provisional Member.  ARTICLE XVI  AMENDMENT AND EXECUTION  Section A. This Agreement shall be subject to amendment and/or modification only by written documents,requiring the consent ofs all parties tot this  Agreement.  Section B. These Articles of Agreement may be executed in any number of  Draft 2/22/18  20    counterparts, each of which shall be deemed an original, but all of which shall  constitute one and the same instrument and Agreement.,  IN WITNESS WHEREOF, the parties hereto! have executed the: same the day  and yéar first above written.  HANOVER TOWNSHIP, NORTHAMPTON COUNTY  Attest:  By: John N.  Elizabeth D. Ritter, Secretary Board of Supervisors  Board of Diacogiamnis/Chair Supervisors  LOWER NAZARETH TOWNSHIP, NORTHAMPTON COUNTY  Attest:  By:  Tammi Dravecz, Secretary Board of Supervisors  James $, Pennington, Chair Board of Supervisors  Draft 2/22/18  21    APPENDIX 'A'  The following population per dwelllng unlt characterlstics are based on a titled "Residential Demographic Multipliers- - Estimates ofthe Occupants ofNew study Housing for Pennsylvania", prepared by Rutgers University, Center. for Urban)  dated. June  2006.  Policy Research,  SingleFamily Detached Dwellings Single Family Delached. 25 Bedroom All Values Single Family Detached 31 Bedroom All Values Single Family Delaohed 41 Bedroom All Values SingloPamlly Dctaohed SBedroom All Values Single FamilyAltached) DwellingsTownbomes Twins & Similar Single Famlly Delached 21 Bedroom All Values Single Family Detached: 3 Bedroom All Values Single Fam!ly Detached 41 Bedroom All Values Apartment/Multiple. Family I Bedroom All Values Aparlment/Multiplo Family 21 Bedroom AUY Values Apartment/Muliplc Family3E Bedroom AIl Values Moble/Manfachued Home Mobile/Manufaclured Home 21 Bedroom All Values Mobile/Manufchured) Home 3 Bedroom All Values Moblle/ManufActured Home 41 Bedroom. All Values  No Age Limits. AgeRestricted" 2.17; 2.95 persons 3,59 persons 4.25 persons persons  L,41 persons 1.92; persons 2,33 persons 2,76 persons 1.21 persons 2,39 I.6Ipersons persons Age Restricted" 1.28 1.06 persons 1.79 persons persons  NoAgel 1.861 Persans Limits AgeRestricted"  2.47! 3.67 porsons persons NoAgeLimits 1.63 1.97 persons persons 2,76 persons 2.82 person person 4.061 person  ApartmentMuliple! Pamily.typsunits eitherrental or condominium & similar  No 2.00 Agel Limits Age Restricted"  1.30 1.83 persons 2.64 persons persons  "Age Restricled Occupants Arbitarily Estimated to be 65% ofNo Age Limit Houslng Ocoupants, Itcould also bes assumed that there willl be no age-restricted dwellings with than 3 bedrooms. Therefore the figures above fort age restricted in 485b bedrooms would more  probably not be used In any population calculations.  Draft2/22/18  22    Hanoverfngineering  252 Brodhead Road . Suite 100 . Bethlehem, PA 18017-8944 Phone:610.691.5644 : Fax: 610.691.6968  HanoverEng.com  April 4,2018  Mr. John J. Finnigan Jr., Township Manager RE: Traditions of America - Bridle Path  Hanover Township, Northampton County 3630 Jacksonville Road Bethlehem, PA 18017-9302 Dear Jay:  Phases 1,2,3,&4 Hanover Project! H07-23  As requested, we. have completed an inspection ofs site improvements related to the subject project as requested in Attomey Hurtubise's letter dated March 9, 2018. Please note that this review does noti include improvements at the Bridle Path Road and Jacksonville Road intersection.  Please consider this letter as an update to our Februaty 2, 2018letter.  1.  There are several areas in the grass strip between the curb and sidewalk along Bridle Path Road that need tol be regraded. The existing grass strip in these areas is lower than curb. This cteates a trip hazard and.j potential water ponding area that can tesult in a sinkhole. These Areas around Inlet 1006 need to be regraded to ensure proper surface runoff. The frame is  areas need to be regraded. also misaligned and must be reset.  2.  4. The following areas of sidewalk are cracked and must be replaced:  a. b. 5.  Sidewalk on the west side of Presidential Boulevatd, near the entrance/exit gate. Sidewalk along Bridle Path Road, between CB 1007 and CB 1009.  Sanitary sewer lines between Manholes 20 and 21 and Manholes 54 and 55 have numerous sags in the existing pipes. These pipe runs need to be replaced and the trench base stabilized. The developer's engineer (Rettew) via a memo dated February 22, 2018 bas detailed an investigation and rpair procedure for the. sewer lines. The developer is proposing toj follow this procedur. 6. The enclosed annotated. landscaping plans indicate the various plantings that were determined to be missing during our inspection. These plantings should be installed. Tbe. developer is proposing to replace the internal. street trees. TOA is reporting that tbey bave planted 166 more trees tban the plans required and have asked that they not be beld to tbe exact location of landscaping, 8. In the swale along the south side of Bridle Path Road, west of the main entrance and near DMH 102, there is an area that needs to be regraded to eliminate a depression in the soil. 9. In the southwest comer oft this development, along the southwest side of Resolution Drive in the vicinity of CB 540, CB 504, CB 513, and CB 602, there ate four (4) areas that need  as identijfied in our February 2, 2018 letter,  regrading.  Envisioning and Engineering: sustainable, cost-effective, and environmentally. responsible projects since. 1971    Mr. JohnJ. Finnigan Jr. Township Manager  2  April 4, 2018  10. Ponding of runoff along the property line with 2670 Woodside Road should be addressed. 13. ProofofTermination from the NPDES permit is required. The Connly Conservation District performed aj fnal inspection and issued aj punchlst report dated February 27, 2018, with Ibree  bas items noted  tobe compleled.  17. Detention basin as-builts are, required. post security to guarantee the completion ofItems A. Enter into an agreement acceptable to the Solicitor  The developer is asking tol be released from its obligation under the Improvements acceptable to the Board of Supervisors, the developer 1245689.10,1417 would need to:  oft Agreement this and letter. If  items noted above and post $100,000.00 to secure their detailing completions. responsibility to complete the Road and post maintenance security in the amount of $42,967.00 along Bridle Path Ifyoul have any questions or need adaitonalinformation, do not hesitate to call this office.  B. Enter into a Maintenance Agreement for the portions oft the site work  Respectfully,  PB  Township Engineer brk:jle/jig Enclosure(s)  BR  -----ww- CC: Hanover Township Board of Supervisors Ms. Yvonne D. Kutz, Zoning Administrator (w/enclosures) James L. Broughal, Esquire (w/enclosures)  Mr. David O. Biddison, Traditions of America (w/enclosures) Certified Mail  79.250085832436-1 Return Receipt Requested