TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
March 22, 2007

Members attending:

James Brown, Vice-President
Kent Herman
Robert Martucci, Jr.
Norma Cusick

Staff attending:

Carl Best, Director of Planning & Zoning
Cathy Bonaskiewich, Finance Director
John Andreas, Director of Public Works
Allen Stiles, Chief of Police
John Ashley, Township Solicitor
David Tettemer, representative of Keystone Consulting Engineers, Township Engineer

CALL TO ORDER

Commissioner Brown called the meeting to order at 7:30 P.M.

PLEDGE OF ALLEGIANCE

NOTIFICATION

Mr. Best informed the attendees that all sessions of the Salisbury Township Board of Commissioners regular meetings are being electronically recorded for the purpose of taking the Minutes. All public comments on agenda items will be taken at the time of the vote. All public comments related to non-agenda items will be taken after the agenda has been satisfied.

Mr. Best announced that there would be an Executive Session held following the meeting regarding litigation and personnel matters.

FINANCIAL REPORT AND PAYMENT OF THE BILLS

On motion of Commissioner Herman, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to accept the Financial Report and authorize payment of the bills.

MINUTES

March 8, 2007

Commissioner Brown declared the March 8, 2007 Board of Commissioners Meeting Minutes approved as submitted.

NEW BUSINESS

Swearing in of Police Officer

Chief Stiles announced that the swearing in would not be taking place tonight.

ORDINANCES

Consideration of an Ordinance amending the Salisbury Township Code of Ordinances, Chapter 24, Part 4-Emergency and Municipal Services Tax, Section II, Levy and Exemption, to clarify the exemption level.

Mrs. Bonaskiewich explained that the amendment is to clarify the ordinance so that individuals with $12,000 or less of earned income are exempt from paying the EMS tax.

On motion of Commissioner Herman, seconded by Commissioner Cusick, the Board of Commissioners voted unanimously to approve the Ordinance amending the Salisbury Township Code of Ordinances, Chapter 24, Part 4-Emergency and Municipal Services Tax, Section II, Levy and Exemption, to clarify the exemption level to include individuals whose yearly earned income from all sources is less than $12,000.

Consideration of an Ordinance establishing an on-lot Grading Ordinance for on-lot development.

Commissioner Martucci commented that the on-lot grading ordinance is long overdue and is a step in the right direction.

Commissioner Herman commented that the need for creating the grading ordinance was largely driven by the number of approved lots remaining in the Township that are buildable. He noted that without a grading plan, it is difficult for the Township to enforce or regulate grading activity when construction occurs on those lots.

Mr. Best noted that the Lehigh Valley Planning Commission was given a copy of the proposed ordinance to review.

On motion of Commissioner Martucci, seconded by Commissioner Cusick, the Board of Commissioner voted unanimously to approve the Ordinance establishing an on-lot Grading Ordinance for on-lot development.

Consideration of an Ordinance establishing a Property Maintenance Ordinance.

Commissioner Herman explained that the proposed property maintenance ordinance is more detailed with respect to minimum standards for property maintenance. He noted that although the Township currently utilizes a vague nuisance ordinance, the property maintenance ordinance gives the code enforcement officers a better tool to work with.

On motion of Commissioner Cusick, seconded by Commissioner Herman, the Board of Commissioners voted unanimously to approve the Ordinance establishing a Property Maintenance Ordinance.

Consideration of an Ordinance to adopt the Catasauqua Creek and Adjacent Watersheds Act 167 – Stormwater Management Ordinance.

Mr. Tettemer explained that with the exception of some titles, the proposed Act 167 ordinances contain identical language to the Little Lehigh Creek Watershed Ordinance that was passed several years ago by the Township. He stated that Catasauqua Creek and Adjacent Watersheds and Saucon Creek Watershed are the two remaining watersheds in the Township. He stated that the ordinances include the stormwater quality amendments as required by the PA DEP.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the Ordinance to adopt the Catasauqua Creek and Adjacent Watersheds Act 167 – Stormwater Management Ordinance.

Consideration of an Ordinance to adopt the Saucon Creek Watershed Act 167 – Stormwater Management Ordinance.

On motion of Commissioner Cusick, seconded by Commissioner Herman, the Board of Commissioners voted unanimously to approve the Ordinance to adopt the Saucon Creek Watershed Act 167 – Stormwater Management Ordinance.

Proclamation

To designate the month of April, 2007 as Volunteer Month.

Commissioner Brown explained that for the past several years in April, the Township recognizes volunteers in Salisbury Township. He noted that the individuals being recognized receive several items of appreciation including a dinner. The consensus of the Board was to hold a ceremony on April 18, 2007.

On motion of Commissioner Herman, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to proclaim the month of April 2007 as Volunteer Month.

RESOLUTIONS

Consideration of resolutions to recognize the following volunteers for their community service and efforts:

. Steve Schneider
. George Holzer, Jr.
. Josephine Kraft
. Michael Melly

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the resolutions to recognize Steve Schneider, George Holzer, Jr., Josephine Kraft, and Michael Melly for their community service and efforts.

MOTIONS

Consideration of a contribution request from the Cedarbrook Sportsmen in the amount of $150 for stocking fish at Laubach Park.

Commissioner Brown commented that each year the Cedarbrook Sportsmen stock fish at Laubach Park. He noted that for $150, approximately 100 fish are placed in the pond to allow children to fish.

Commissioner Martucci noted that the letter from Cedarbrook Sportsmen indicates that the money is used for trout food to feed the fish in the nursery. He noted that, in kind, they stock the fish for the Township.

On motion of Commissioner Herman, seconded by Commissioner Cusick, the Board of Commissioners voted unanimously to approve the contribution request from the Cedarbrook Sportsmen in the amount of $150 for stocking fish at Laubach Park.

Consideration of a motion to sign and submit the flood plain map amendment to FEMA for review per a third-party study and request.

Attorney Joseph Bubba, counsel for the developer, explained that at the Township’s direction, he requested that FEMA change the certification. He stated that FEMA will not change the certification and it will have to stay in its present form. He stated that he is again requesting the Township to sign off on the flood plain map amendment request documents. He stated that he does have a letter he drafted stating that the Township refuses to sign off on the proposal but that it may proceed to FEMA.

Commissioner Herman expressed his discomfort with the language of the certification. He commented that he is agreeable to providing an explanation that the Township’s consulting engineer had looked at the data and that although the engineer is satisfied that there is nothing wrong with the data, the Township is not satisfied with what the Township is requested to certify to.

Attorney Bubba indicated that the flood plain map amendment request would be submitted to FEMA even without a letter from the Township.

Larse Weir whose property abuts the developer’s property inquired when he would have the opportunity to express his concerns regarding the flooding in the area.

Commissioner Herman noted that Mr. Weir is able to express his concerns at tonight’s meeting, the request would still be able to proceed to FEMA even without the Township’s signature. He provided some historical background on the process of the flood plain map amendment request up to the point of tonight’s vote.

Mr. Leonard Frack of 1890 Cypress Avenue commented that he had never received a notice regarding this matter.

Commissioner Herman explained that Mr. Best took the notification parameters of a zoning matter, which is a distance of 150 feet from the property line. He noted that the Township is not obligated by law to notify anyone on this particular matter, although the Board felt it was better to make a good faith effort to get the word out.

Mr. Frack expressed his concerns with the volume of stormwater runoff and flooding in the area and commented that additional development will increase the problems.

On motion of Commissioner Herman, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to refuse to sign the certification of the flood plain map amendment request and to authorize the execution of the refusal letter as outlined and approved by the Township’s Solicitor.

PUBLIC COMMENT

Mr. Charles Siuciak of 1215 Caroline Road asked for clarification of a letter he received from Mr. Best pertaining to the detention ponds at Lehigh Valley Hospital.

Mr. Best read and explained SALDO Section 1.7.B and how he arrived at his opinion. He noted that the percentage of change for the detention pond compared to the overall project was not substantial and therefore did not require having to go through the plan review process for a revised plan.

Mr. Siuciak asked a number of questions relating to the Hospital’s landscape plan and a berm that runs between the Hospital property and the abutting residences. He raised an issue of high weeds and the lack of bushes and trees that were to be planted for the bermed area. He provided a brief history of his and his neighbors’ efforts to make the hospital property more amenable to their neighborhood. He stated that he wants the Hospital to put in place a "campuslike" atmosphere as Hospital representatives have promised over the years. He informed the Board of an incident where trees he had planted on Hospital property were removed by the Hospital. He inquired if the trees that he and his neighbors had planted actually affected the detention pond.

Mr. Best and Mr. Siuciak discussed the landscape plan and Mr. Best’s determination of the detention pond being substantially less. Mr. Siuciak requested that the Board of Commissioners make the Zoning Board not approve any of the Hospital’s appeals.

Commissioner Herman explained that the Board of Commissioners and the Zoning Hearing Board are separate bodies and the Board cannot act as a super zoning hearing board. He explained that the Board cannot second guess Zoning Hearing Board decisions. He stated that in his opinion he believes that the Township is well run, efficiently managed and attempts to do the right thing in every instance. He commented that generally with land development, when things change, there are tensions and issues that tend to upset residents.

Mr. Scott Pidcock of the The Pidcock Company, engineer for the Lehigh Valley Hospital expansion project, explained that there are landscape plans that were approved. He noted that in this instance, there were trees that could not be saved, and therefore the Hospital’s cost for landscaping increased. He outlined the process the Hospital went through for the detention pond’s approval. He noted that the detention pond was primarily installed at the Township’s request to mitigate flooding issues that residents in Mr. Siuciak’s neighborhood had historically experienced. He noted that the flooding is not caused by the Hospital, but rather from stormwater originating south of the Hospital’s property. He suggested that the Board visit the Hospital to see the expansion project.

Commissioner Cusick inquired about a timetable for the landscaping to take place.

Mr. Pidcock explained that all of the construction is expected to be finished by October 2007 and that the basin is presently not in the season to install plant material but anticipates that it would take place in mid-summer or early summer.

Commissioner Cusick inquired about arranging for a site visit. Mr. Pidcock replied that any Board members interested in a tour of the property could contact his office and he would make the arrangements.

Mrs. Bonaskiewich informed the Board that a collection agency would like to make a presentation to the Board at an upcoming meeting.

Mr. Best informed the Board that the Department of Labor & Industry will be conducting an audit on how the Township issues building permits and plan reviews.

Mr. Brown noted that there will be an executive session.

ADJOURNMENT

As no other business was presented, the meeting was adjourned. The Board of Commissioners went into Executive Session followed by Workshop.