TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
March 26, 2009

The Public Meeting of the Salisbury Township Board of Commissioners was held on the above date at the Township Municipal Building located at 2900 South Pike Avenue, Allentown, Lehigh County, Pennsylvania.

Members attending:
Larry Unger, President
James Brown, Vice-President
Robert Martucci, Jr.
Norma Cusick
Mary Yoder

Staff attending:
Randy Soriano, Township Manager
Cathy Bonaskiewich, Assistant Township Manager, Finance Director
John Andreas, Director of Public Works
Allen Stiles, Chief of Police
Cynthia Sopka, Director of Planning and Zoning
John Ashley, Township Solicitor
David Tettemer, representative of the Township Engineer.

CALL TO ORDER
Commissioner Unger called the meeting to order at 7:30 P.M.

PLEDGE OF ALLEGIANCE

NOTIFICATION
Mr. Soriano informed the attendees that all sessions of the Salisbury Township Board of Commissioners regular meetings are electronically recorded for the purpose of taking the Minutes. All public comments on agenda items would 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. Soriano announced that the Township does archive its tapes and are available pursuant the Right to Know Law.

APPROVAL OF FINANCIAL REPORT AND BILLS PAYABLE
On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the Financial Report for the period ending February 28, 2009 and the Bills Payable for the period 3/07/2009 through 03/20/2009.

MINUTES
March 12, 2009
Commissioner Unger declared the March 12, 2009 Board of Commissioners Meeting Minutes approved as presented.

CONDITIONAL USE HEARING—(Appeal No. A-09-1945)
The Flower Tent Company requests permission for temporary flower sales at the South Mall located at 3300 Lehigh Street in a C-3 General Commercial Zone which requires Conditional Use Review pursuant to Section 807(3).(Old 807.C) of the Zoning Ordinance.

Attorney Ashley asked the court reporter to swear in the Applicant, Mr. Timothy Ansilio, Owner of The Flower Tent Company, of Wyoming, PA.

Applicant testified that the Tent (maximum size of 30’ x 60’) would be located at Space#186 in the South Mall parking lot as depicted in the Site Plan (Exhibit A-1).

Applicant presented testimony as to the hours of operation and days that the Tent would be in service. The applicant noted that the Tent will operate from the periods of 4/1/09 to 5/31/09 from 8:00 am to Dusk and March 22, 2010 to May 31, 2010. Applicant noted that during the lease period he will be responsible for the waste disposal and providing accessibility to water by having an on-site tank and sewer by renting a Port-o-Let.

Applicant noted that the use will not generate any kind of noises that may be objectionable to the character of the neighborhood.

Attorney Ashley discussed the March 10, 2009 Planning Commission review letter that set forth the following conditions:

• The tent must be erected within the Township borders and have a clear line of sight along parking areas and driveways.
• The applicant will be responsible for the prompt removal of the tent upon the expiration of the permit without any costs to the Township. If applicant does not remove the tent, then parking lot owner, PR Financing LTD, shall be responsible for its removal.
• The Planning & Zoning Officer, Police Chief and Township Engineer will conduct periodic reviews to monitor compliance.
• The area will be returned to existing normal conditions and all trash and debris shall be removed.
• The approval period for the tent will be from April 1, 2009 to May 31, 2009 and March 22, 2010 to May 31, 2010.

After the presentation, the Board opened the floor for questions. No one was present to object the conditional use.

Commissioner Cusick moved to approve the Conditional Use for The Flower Tent Company to permit the temporary flower sales at the South Mall located at 3300 Lehigh Street. Commissioner Brown seconded the motion. The Board of Commissioners approved the conditional use by unanimous voice vote.

Attorney Ashley noted that the Applicant will receive a written Decision of the Approval and anyone may appeal it within 30 days of the Hearing in the Lehigh County Court of Common Pleas.

ORDINANCES
None

RESOLUTIONS
Consideration of a Motion to approve the Resolution requesting amendments to the Civil Service Rules and Regulations pursuant to the Police Collective Bargaining Agreement.

Mr. Soriano introduced a Resolution that would amend the Civil Service Commission Rules and Regulations. Mr. Soriano noted that this is necessary to comply with the Collective Bargaining Agreement recently negotiated between the Township and the Salisbury Township Police Officers Association which made several changes to the Rules and Regulations of the Civil Service Commission with regards to promotions. Mr. Soriano reviewed the changes made and approved by the Civil Service Commission, as follows:

“Section 2.3. Organization of Commission;

Quorum The Commission first appointed shall organize within ten days of its appointment and shall elect one of its members as its chairperson, one as vice chairperson, and one as the secretary. The Commission shall thereafter meet and organize on the first Monday of February of each even-numbered year. Three members of the Commission shall constitute a quorum and no action of the Commission shall be valid unless it shall have the concurrence of at least two members. If by reason of absence or disqualification of a member a quorum is not reached, the Chairman shall designate as many alternate members of the Commission to sit on the Commission as may be needed to provide a quorum.

Section 7.4. Notification of Vacancy
When a rank within the Police Department is to be filled by promotion, The Board of Commissioners shall submit a written request to the Commission for certification of a list of eligibles for the vacant rank. If a current eligible list for the rank to be filled does not exist, the Commission shall direct the Township Manager to post a notice of the opening on the bulletin board in Police Headquarters. This notice shall be posted at least three (3) weeks four (4) months prior to the date set for the written promotion examination, and shall contain the following information:

A. The rank to be filled and its qualification requirements,

B. The place, date and time of the written examination,

C. A statement specifying that all qualified officers interested in applying for the opening must file a letter of intent with the Secretary or Township Manager,

D. The deadline for accepting letters of intent, such deadline being at least fourteen (14) days after the date of the notice.

Section 9.1. Notice of Examination
The Commission shall give written notice of each promotion examination to each qualified applicant. The notice shall be mailed or otherwise delivered to each applicant at least ten (10) days three (3) months prior to the date of the examination. The notice shall specify the date, time, duration and place of the examination and explain the following:

A. Only applicants receiving notices to report for examination shall be permitted to participate in such examination, and each applicant shall present his/her notice and photo I.D. motor vehicle operator’s license to the examiner before being examined.

B. Failure to report for an examination in accordance with the instructions contained in the notice shall be a cause for disqualification, absent a waiver of such requirement by the Commission upon good cause shown, the decision of the Commission on any waiver request shall be final and binding.

C. Include identification of the materials that are to be reviewed in preparation for the promotional exam.

D. All qualified applicants will be given copies of the materials to be reviewed for the examination no less than three (3) months prior to the date of the scheduled examination, unless the availability of the materials is delayed due to the provider of such materials, in which case the date for the promotion examination shall be rescheduled to comply with this requirement.

E. Each qualified applicant who takes the promotion examination will be provided with his/her examination results directly from the entity conducting and grading the examination or directly from the Commission.

Section 9.3. Eligible List
When all examinations and evaluations have been completed and final overall scores have been computed, the Commission shall prepare a promotion eligible list and such list will be posted in the bulleting board in the Police Headquarters within ten (10) days of its preparation.”

Motion by Commissioner Cusick and seconded by Commissioner Martucci to approve the amendments promulgated to the Civil Service Rules & Regulations by the Civil Service Commission in order to comply with the Salisbury Township Police Collective Bargaining Agreement.

Mr. Soriano brought to the attention of the Commissioners a discussion that ensued by the Civil Service Commission regarding qualifications and requirements that applicants must have in order to be eligible for taking the entry level exam. Currently the Rules require that an Applicant must possess the following:

“All applicants for police officer must meet the following qualifications:

A. Shall be a citizen of the United States.

B. Must have reached his or her twenty-first (21st) birthday before the deadline for submitting completed applications.

C. Must possess a valid motor vehicle operator’s license for the Commonwealth of Pennsylvania.

D. Shall be physically, medically and psychologically fit to perform the essential job functions of a police officer as further defined in Section 3.10.

E. Must possess a diploma from an accredited high school or a graduate equivalency diploma, and be a graduate of a Municipal Police Officers Education and Training Commission Approved Police Training School and be currently qualified to be certified under Act 120.

F. Shall speak, read and write the English language.

G. Must be of good moral character.”

Mr. Soriano brought forth at the request of the Civil Service Commission’s counsel at the last Civil Service Commission Meeting, a suggestion of Attorney Jeffrey Dimmich that the requirements be changed to “not be a graduate of the MPOETC and certified under Act 120”. This would mean that if applicants did not have the Act 120 training and certification and would be on the Eligibility List, they would have to then be sent to school for certification and Act 120 Training. Mr. Soriano noted that the Law allows the payment of the training tuition and 60% of the salary while the officer is at school. If another municipality hires the officer within two (2) years, then that municipality must pay the Township the other 40% of the salary.

Per Attorney Dimmich’s suggestions, Mr. Soriano informed the Board members that under the current qualifications that the Township has in place, applicants must be a graduate of a Municipal Police Officers Education and Training Commission and be currently certified under Act 120. This requirement substantially diminishes the pool of potential applicants as evidenced by the number of applicants on the list and puts a burden on the Commission to annually prepare an eligibility list. This is a policy decision and should be discussed with the Board to gauge their support. Mr. Soriano noted that this change would certainly attract more applicants thus increasing the pool. Mr. Soriano noted that the counterargument has been that the Township must wait at least six months before it can utilize the officer. Mr. Soriano noted that this is an area that both the Chief and Board can discuss.

Chief Stiles commented that they have had fewer candidates over the past several years for positions. Because we primarily hire from ranks of people who have completed and passed the Academy, there is a smaller pool of applicants. Chief Stiles commented that he feels we keep away people who may potentially be very good police officers for the Township, but with today’s economy, find it hard to go through the Academy while trying to maintain a full-time job. Chief Stiles commented that he would like to see this change and requested to explore the possibility.

Commissioner Unger inquired about the testing sequence of future police officers. Chief Stiles advised that before one can get into the Academy, you must take a physical agility test, similar to ours. If a person fails the Physical Agility test, they do not continue with written or oral exams. Therefore, this eliminates a lot of people, and saves the Township money doing it this way. Physical Agility Testing grades are Pass or Fail and the Oral/Written is numeric and must be 70% or above.

Commissioner Unger expressed his concerns with the grading requirements. Chief Stiles explained that if the grading was 80 or higher, there would be a lot more people failing the test.

Chief Stiles advised the Township hires an officer under a probationary period right before he/she starts the Academy. The Township pays all fees up front and then would be reimbursed 60% of the salary, plus the cost of the tuition to go to the Academy by the Commonwealth of PA.

A discussion ensued on whether to change this requirement. Commissioner Brown was undecided and needed more information. This matter will be discussed at a later time when additional information is received.

MOTIONS
Appointment of members to serve on the Environmental Advisory Council.

Mr. Soriano brought forth the appointments to the Salisbury Township Environmental Advisory Council. The five Commissioners representing each of the five Wards made the following Nominations for appointment to the EAC:

• Commissioner Martucci nominated Bruce Burchard - 2025 Church Rd, Bethlehem, PA 18015 to represent Ward 1. Term expiration (2010)
• Commissioner Unger nominated Louis Cinquino - 2807 Honeysuckle Rd., Bethlehem, PA 18015 to represent Ward 2. Term expiration (2011)
• Commissioner Cusick nominated Jane Benning - 3111 Douglas Rd., Allentown, PA 18103 to represent Ward 3. Term Expiration (2011)
• Commissioner Brown nominated Frederick Brock - 1424 Sage Street-Allentown, PA 18103 to represent Ward 4. Term expiration (2012)
• Commissioner Yoder nominated Richard Niesenbaum, Ph.D. - 1810 Nottingham Rd., Allentown, PA 18103 to represent Ward 5. Term expiration (2012)

Motion by Commissioner Cusick and seconded by Commissioner Martucci to accept the five appointments to the Salisbury Township Environmental Advisory Council. Motion passed by unanimous voice vote.

The Board proceeded to fill another appointment on the STEAC for a Planning Commission representative.

Commissioner Cusick moved to appoint Mr. Joseph Hebelka, 1154 Washington Avenue to the STEAC as Planning Commission representative. Seconded by Commissioner Martucci. Unanimous voice vote.

Commissioner Martucci moved to appoint Commissioner Brown to be the liaison from the Board to serve on the STEAC. Seconded by Commissioner Cusick. Motion passed by unanimous voice vote.

Consideration of a Motion to approve Payment No. 1 to Imperial Excavating for work performed on the Barnsdale Road Storm Sewer Replacement Project.

Mr. Soriano brought forth a Motion to approve payment No. 1 to Imperial Excavating, Inc. in the amount of $101,261.55 for the Barnsdale Road Storm Sewer Improvement Project.

Mr. Soriano noted that the project has now moved into Phase 3 and asked Mr. Andreas to give a short update.

Mr. Tettemer advised that we have not had a lot of rain, once we do we will find out if it improved at the problem area, but there is no reason that the sewer improvement shouldn’t help.

Motion by Commissioner Cusick to approve payment No. 1 to Imperial Excavating, Inc. in the amount of $101,261.55 for the Barnsdale Road Storm Sewer Improvement Project.

Motion seconded by Commissioner Brown. Motion passed by unanimous voice vote.

Consideration of a Motion to adopt the Eagle Scouts Project Policy.

Mr. Soriano brought up the consideration of a motion to adopt the Eagle Scout Project Policy. Mr. Soriano noted that this will streamline the process by having appropriate guidelines.

Commissioner Yoder questioned the need for the Policy since the Township does not receive many requests. Commissioner Yoder suggested changes to Requirement #2.

“2. The Eagle Scout Candidate should allow a minimum of four months to the project completion deadline.”

Mr. Soriano noted that the only reason for the Policy was to mirror the guidelines that are used by Eagle Scouts to achieve the Leadership Service Project. Mr. Soriano noted that the Policy can be changed in any way the Board sees fit. Commissioner Yoder suggested that Requirement #2 be changed to read “The Eagle Scout Candidate should allow a minimum of four months to the project completion deadline.”

Mr. Andreas offered that in the past, projects were taken on an individual basis. The Scout presents a project and looks for support from the Board; thereafter, the Scout can bring forth the project to the Council and get approval. Mr. Andreas believed that we are held harmless through the process, rather than looking at it as a liability issue.

Andreas advised that the Township has supported financial assistance, as well as, labor depending on the project.

Motion by Commissioner Cusick to adopt the Eagle Scout Policy as amended by Commissioner Yoder. Motion seconded by Commissioner Martucci. The Motion passed by unanimous voice vote.

Consideration of a Motion to change Grass Pick Up Schedule from Saturdays to Thursdays.

Mr. Soriano brought forth a Motion to change the grass collection route from Saturday to Thursday. The reasons were identified as low volume by the Hauler. The Hauler will reimburse the Township approximately $1,796 per year. The challenge will be trying to identify the specific homes impacted by the change since it spans the 1st, 2nd, 3rd and possibly parts of the 4th Ward. The change is effective May 1, 2009 and if the Commissioners approve the go-ahead we will hopefully have enough time to give advance Notice. Additionally, the good news this year is that we were able to report more commercial tonnages to the County because of our aggressive nature of notifying businesses in Salisbury, especially around the South Mall. The Administrative Assistant was very helpful in providing this added incentive to be more aggressive. This will undoubtedly result in more money received from our Performance Recycling Grant, which we promised that we would do to offset the charges for grass collection.

Motion by Commissioner Brown and seconded by Commissioner Martucci to approve the change in the collection schedule of grass in certain zones of the Township from Saturdays to Thursdays. Motion passed by unanimous voice vote.

Mr. Soriano reiterated that the challenge will be determining which households are affected since this zone collectively is made part of Ward 1, 2, 3 and portion of 4.

PUBLIC COMMENT
No Comments.

OTHER BUSINESS
Chief Stiles announced that Officer Don Sabo, School Resource Officer, gave a presentation recently of the Parent Internet Safety Program on March 22, 2009. Chief Stiles noted that Officer Sabo is also involved in daily SRO activities at the schools and will be featured on a PBS program called TEMPO. Officer Sabo will be shown at the schools performing his SRO work. Chief Stiles commended Officer Sabo for his great performance in all that he does.

Chief Stiles informed the Board that he was privileged to attend conferences on Homeland Security held at the Northeast PA Regional Task Force in Monroe County. Chiefs of Police and other law enforcement agencies from all over attended. He stated this was the best course he had ever attended free of charge, and it was presented by the Department of Homeland Security.

Dave Tettemer noted that the specifications are ready for the storm sewer and water line improvements project for Filbert Street. The request for bids will be advertised in the next week or so.

Commissioner Unger and Ms. Cynthia Sopka discussed the Southbury Park Erosion and Sedimentation Plan. Ms. Sopka offered that the stormwater detention basin is releasing water to the wetlands, not so much from the top spillway but from the structure itself. The water is possibly originating from within the pond/detention basin and was maintaining a high elevation of water. She is concerned as there is no water from the external perimeter of this particular basin. The other source of water she could see originated from the spring house. Mr. Tettemer suggested that Cynthia and he should visit the site to review this matter next week.

Ms. Sopka indicated that she spoke with Kevin Frederick of the Conservation District regarding the basin. She was informed that the Conservation District and PA DEP were going to do a follow-up inspection that may occur this week. She will confirm whether the inspection actually took place since back in December, there had been excessive amounts of rain and the basins exceeded their capacity, which led to a tremendous amount of sediment in the receiving water course and wetlands.

EXECUTIVE SESSION – The Commissioners recessed into Executive Session to discuss a legal matter concerning land acquisition.

ADJOURNMENT
As no other business was presented, the meeting was adjourned. The Board of Commissioners recessed into a Workshop. The time was 8:30 p.m.