Hanover Borough Council Minutes, August 6, 2024 President Reichart convened the public meeting of Hanover Borough Council on Tuesday, August 5:00 PM in the Hanover Borough Council Chamber, 44 Frederick Street, Hanover, President Reichart called the meeting to order and asked all those in attendance to recite the Pledge On roll call the following answered as present: Mr. Bubb, Mr. Fuentes, Mrs. Funk, Mrs. Greenholt, Mr. Hegberg, Mr. Kress, Mr. Lookenbill and Mr. Reichart; and Secretary Felix. Mayor Whitman, Solicitor Shultis, Manager Lewis and Councipersons Dr. Rupp and Mr. Roland were not in attendance. 2024 at advertised. 6, as PA, of Allegiance followed by a moment of silence. Public Comment: None was presented. REPORTS OF THE STANDING COMMITTEES Public Safety Committee - Mr. Fuentes Itv was moved by Mr. Fuentes, seconded by Mr. Kress to approve Ordinance No. 2370 entitled, "AN ORDINANCE DELEGATING AUTHORITY TO THE SECRETARY OF TRANSPORTATION, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, TO ACQUIRE RIGHT-OF-WAY, AS MAY BE REQUIRED, FORA AND ON BEHALF OF THE BOROUGH OF HANOVER, FOR THE CONSTRUCTION OF THE KINDIG LANE AND HIGH STREET TRAFFIC SIGNALS, AND THEREBY AMENDING CHAPTER 346- 3OF THE HANOVER BOROUGH CODE UPON COMPLETION OF THE PROJECT." On roll call, the following voted in favor of the ordinance: Mr. Bubb, Mr. Fuentes, Mrs. Funk, Mrs. Greenholt, Mr. Hegberg, Mr. Kress, Mr. Lookenbill and Mr. Reichart. Motion carried. OTHER MATTERS Public Comment: None was presented. Adjournment: carried. Itv was moved by Mrs. Funk, seconded by Mr. Fuentes to adjourn the meeting at 5:02 PM. Motion Respectfully: submitted, 62A Borough Secretary ORDINANCEN0.2370 AN ORDINANCE DELEGATING AUTHORITY TO THE SECRETARY OF TRANSPORTATION, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, TO ACQUIRE RIGHT-OF- WAY, AS MAY BE REQUIRED, FOR AND ON BEHALF OF THE BOROUGH OF HANOVER, FOR THE CONSTRUCTION OF THE KINDIG LANE AND HIGH STREET TRAFFIC SIGNALS, AND THEREBY AMENDING CHAPTER 346-3 OF THE HANOVER BOROUGH CODE, UPON COMPLETION OFTHEPROJECT. WHEREAS, The Borough of Hanover and the Secretary of Transportation, Commonwealth of Pennsylvania, Department of Transportation, have coordinated through appropriate officials a traffic improvement project at thel location where Kindig Lane and HighStreeti intersect in thel Borougho of Hanover ("Project"); and High Street; WHEREAS, The Borough of Hanover owns and maintains thee existing Kindig Lane and WHEREAS, To build the Project, the Secretary of Transportation has agreed to acquire on behalf of thel Borough of Hanover all the right-of-way necessary for the construction, operation and maintenance of the new roadway facilities including, but not limited to, the traffic signals. The right-of-way needed for the Project is required right-of-way in fee simple, temporary construction easements, and traffics signal easements! for boroughstreet,and. such right-of-way amicably by negotiation, itmay! become necessary for the Department to condemn property in the event an amicable settlement himself, wishes to proceed in a prompt manner with the acquisition of all WHEREAS, Although it is the policy of the Secretary of Transportation to acquire all cannot be reached; and WHEREAS, The Secretary of Transportation, on behalf of the Governor as well as NOW WHEREFORE, Hanover Borough Council hereby enacts this date the following necessary right-of-way for thel Project. Ordinance: SECTION ONE. Delegation of Authority. The Borough of Hanover hereby delegates to the Secretary of Transportation, Commonwealth of Pennsylvania, Department of Transportation, its authority to file a condemnation to acquire all real property rights needed for the construction, operation and maintenance of the Kindig Lane and High Street traffic signal improvement project. This delegation shall continue untilt thel Projecti is complete or, at the election of thej parties, SECTIONTWO. Duration. thes same shalll be otherwise be terminated. SECTIONTHREE. Purpose and Scope of Delegation. The Secretary of Transportation, acting for and on behalf of the Governor as well as himself, shall have the authority to acquire the rights-of-way necessary for the Project amicably or by condemnation. Page 1 of2 SECTION FOUR. Financing. One hundred percent of right-of-way acquisition costs, along with all other costs isl being funded by the Commonwealth of Pennsylvania, Department of Transportation. SECTION FIVE. Organizational Structure. All acquisition activities in all phases of the Project, including but not limited to design engineering, right-of-way plans, appraisal, negotiation, amicable settlement documents, condemnation, and allj just compensation matters that may be brought before the County Court of Common: Pleas, or upon any appeal, shall be managed, directed and performed by the Commonwealth of Pennsylvania, Department of Transportation. SECTION SIX. Property. The Secretary of Transportation shall acquire property pursuant to all applicable policies and procedures as necessary for the Project as authorized by Section 2003(e) of the Administrative Code, 71P.S. $513(e), for all transportation purposes which shall include, and notl bel limited to, acquisitions for local roads and streets. SECTION SEVEN. Ownership and Maintenance. Following construction, the Borough of Hanover shall own and maintain both the existing and the new improved roadways and facilities including, but not limited to, the traffic signals and said traffic signals shall be added to Section 346-3 (A) of entitled, "Traffic lights; stop signs; bus stops; taxi stands." ENACTED AND ORDAINED this 6th day of August, 2024. ATTEST: BOROUGH COUNCIL OF THE BOROUGH OFHANOVER DIWIAR Secrétary By: President William W. Reichart, II, Council APPROVED this 6th day of Augus!, 2024. CE SueAnn' Whitman, Mayor Page 2 of2