TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
July 23, 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 (arrived late)
James Brown, Vice-President
Robert Martucci, Jr.
Norma Cusick
Dominic Giles

Staff attending:
Randy Soriano, Township Manager
Cathy Bonaskiewich, Assistant Township Manager, Finance Director-EXCUSED
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 Brown, Vice President, called the meeting to order at 7:30 P.M.

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.

Mr. Soriano reminded everyone of the 3-minute rule and asked that everyone should sign in and announce themselves and speak into the microphones.

APPROVAL OF FINANCIAL REPORT AND  BILLS PAYABLE
On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted 4-0 to approve the Financial Report for the Period 6/30/2009 and Bills Payable for the period 07/04/2009 through 07/22/2009.  Commissioner Unger was not present for the vote.

MINUTES
July 9,  2009
Commissioner Brown declared the July 9, 2009 Board of Commissioners Meeting Minutes approved as presented.
 
NEW BUSINESS
None
ORDINANCES
None

RESOLUTIONS
Consideration of a resolution to appoint Mr. Tom Grello to the Building Code Board of Appeals.

“RESOLUTION NO. 07-2009-
BY THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF SALISBURY, LEHIGH COUNTY, PENNSYLVANIA, APPOINTING THOMAS F. GRELLO AS A MEMBER OF THE SALISBURY TOWNSHIP BUILDING CODE BOARD OF APPEALS
            NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners Township of Salisbury, Lehigh County Pennsylvania, and it is hereby resolved by the same, that Salisbury Township appoints Mr. Thomas F. Grello to serve as a member of the Building Code Board of Appeals for the term July 22, 2009 through July 22, 2012.”

Commissioner Cusick noted that no resume of Mr. Grello was included in the Commissioners’ packet for her to review in order to make an informed decision. Mr. Martucci agreed. Mr. Soriano apologized for this, but was told that Mr. Grello was interested in the reappointment and the Board had initially reviewed his resume when first appointed.  Commissioner Brown recalled that at the initial appointment the Board did receive the resume and found Mr. Grello to be very qualified.  Mr. Soriano noted that there is an appeal pending and not having a full board may jeopardize the process.

Attorney Ashley suggested approving an appointment for a short term in order to allow time for reviewing Mr. Grello’s qualifications and possibly opening up the seat for other applicants to the seat.

[Commissioner Unger arrived.]

Commissioner Cusick made a motion to amend the Resolution to re-appoint Mr. Grello until September 22, 2009. Commissioner Martucci seconded the Motion. Motion passed by unanimous voice vote.

Commissioner Cusick moved to adopt the Resolution with the amendment. Commissioner Martucci seconded the motion. The amended Resolution to appoint Mr. Grello to the Building Code Board of Appeals was approved by unanimous voice vote.

The consensus of the Board was to open up the process for appointing a resident to the Building Code Board of Appeals. Mr. Soriano noted that a Notice would be placed on the website to announce the appointment.

MOTIONS
Consideration of a Motion to authorize Payment #3 to Imperial Excavating & Paving in the amount of $35,374.50 for the Barnsdale Road Storm Sewer Replacement Project.

Mr. Soriano noted that the original contract price for this project was $292,854.50. The Board authorized two prior payments totaling $180,719.50. This release is for work associated with storm inlets, RCP piping and additional curbing and street restoration.

Commissioner Cusick posed several questions to Mr. Tettemer concerning the Michaela Manor development.

Mr. Tettemer explained that the development crosses South 24th Street and runs along Barnsdale Road.  Mr. Tettemer noted that even though the original developer still has not built anything yet, there is still a valid subdivision plan approval that stays in effect for five years. He stated that the same requirements for the building of the development would also apply if a new contractor were to come in and want to develop the property.  Mr. Tettemer also noted that it would be in the builder’s best interest to keep the plans as they were approved.  Otherwise, he would have to go through the plan approval process all over again, which would cost more money and would no longer have the guaranteed approvals that are in place now.

Commissioner Cusick expressed concern that since the Township put in a new storm sewer on Barnsdale, and the developer would have access to it.  She inquired if the builder would decide to develop the property, is there a notice on the deed that the Township would receive reimbursement for the storm sewer installation.  Mr. Tettemer clarified the work that the Township performed does not directly benefit the development because the intent was to collect the storm water runoff from 24th Street before it gets to the low spot so it does not flood the inlet, go overtop the curb and down to the properties in the area.  The development was to connect to a couple of inlets on 24th Street, be rerouted around the critical area and go down to Barnsdale.  When this was agreed to as part of the subdivision, the developer at the time agreed to donate approximately $15,000 to correct the problem even though the numbers said the development would not exacerbate the storm water runoff conditions.  However, since he did not develop the property right away, the Township decided to rectify the situation by installing the storm sewer on its own.  Mr. Tettemer confirmed that if the builder comes back to develop within the next three years, he would be bound by that same agreement. 

Motion by Commissioner Cusick to approve Payment #3 to Imperial Excavating & Paving in the amount of $35.374.50. Commissioner Brown seconded the motion. Motion passed by unanimous voice vote.

Consideration of a Motion regarding the distribution of proceeds from sale of Mack Fire Truck.
Mr. Soriano noted that Fire Chief Schneider of the Western Salisbury Fire Department was in attendance to address his request made in his letter dated June 4, 2009. Mr. Soriano reiterated his earlier comments by stating that the Township sold the apparatus to the Weisenberg Volunteer Fire Company for $25,000. In his letter, Chief Schneider requested that the Township return $15,500, which was their initial contribution in 1986 for the $135,000 acquisition or 11.48%. If the Township returns their total initial investment from the sale of the proceeds it would be a return of approximately 62%. The return based on their initial % investment would be $2,870. If we factor the inflationary rate over the return based on the initial investment %, it should be $6,400.

Chief Schneider indicated that he wanted the $15,500 to be put back into their equipment fund.  He wanted to let the Board know that the Fire Department does go out and look for money and does not just rely on the Township.  Chief Schneider commented that it is difficult to get money right now because donation drives are down and they do not currently qualify for federal grants.  Chief Schneider has had to replace a lot of equipment that is 20-30 years old, and he expects even more will be needed to be replaced.  He clarified that they’re just trying to replace and update equipment, not get new things they currently do not have.  Commissioner Martucci questioned what the Department’s $36,000 budget is currently being spent on.

Chief Schneider responded that over half of the money goes toward insurance.  He also stated that since 2004, the Department had received $172,000 in grants for radios and equipment, but Eastern Salisbury Fire Company got $36,500, the Ambulance Corp got $30,000 over and above the $44,000 allocated to them. 

Motion by Commissioner Brown to approve a distribution from the sale proceeds of the 1986 Mack Fire Truck in the amount of $15,500 to the Western Salisbury Fire Department to be utilized for the purchase of additional fire equipment. Commissioner Martucci seconded the Motion. Motion passed by unanimous voice vote.

PUBLIC COMMENT
Sally Taggart of 2723 Green Acres Drive explained that she was speaking on behalf of her neighbors residing around Green Acres Park who are concerned about park usage.  She noted that although there are improvements in increased police presence, people are parking illegally.  She requested that the police continue to patrol the area and ask cars to move that are parked illegally, and fine repeat offenders.  Another concern Ms. Taggart expressed was about the maximum capacity at the park pavilion, and she would like to see the capacity at no more than 40 people at the pavilion at one time, with the exception of Salisbury Township sponsored activities.  Ms. Taggart also stated she feels there are different opinions and understandings between the police officers on the Township ordinances and park regulations.  She requested the rules be clarified, because the current ordinance does not specifically mention Green Acres Park.  Some specific rules she would like to see would be for grills, fires, liquor, parking, excessive garbage, and capacity.  Ms. Taggart also requested that each pavilion have a sign clearly stating the requirement for a permit and the maximum capacity, along with a visible place where residents could post their permit. 

Mr. Soriano stated the next step would be for the staff to review Ms. Taggart’s comments.  With regards to changing the ordinance, group usage by permit only is not the current policy for any park.  He gave the example that if a family decides to have a picnic that day and no one has the pavilion reserved, they are able to use it.  Mr. Soriano recognized that Green Acres is different from other parks because it is not as large and does not set back from the residences.  He commented that a decision could not be made until the matter is reviewed further. 

Jim Kernan of 2603 Green Acres Drive commented that the basic problem at Green Acres Park is overcrowding.  He stated that the park is not being used the way it was designed and gave an example that on Sunday, July 19, 2009, a permit for the pavilion was issued to a church who indicated that 60 people would attend, but approximately 200 showed up, plus another 50 people used the basketball courts.  On that particular day, there were 8 bags of garbage left out in addition to whatever was already in the cans.  Mr. Kernan expressed concern about animals and rats getting into the trash, which would compromise the health and safety of the residents.  He also feels that the rules are not clear and the local officers are not sure of how to enforce them.

Chief Stiles stated that you need a permit to reserve a pavilion; however, if no one else has gotten a permit to reserve the pavilion at that particular time, anyone can use it.  Several residents in the audience spoke in opposition of this rule. 
 
Keith Bauer of 2749 Andrea Drive spoke about the research he did on the speed limits around the area.  He cited several rules and regulations from the PA Department of Motor Vehicle that the maximum speed in a residential area is 25 mph.  He indicated that his main concern was for the safety of the children in the neighborhood because there are currently no speed limit signs posted on Green Acres Drive or Andrea Drive.  He asked for a few signs to be posted on two roads that border the park, along with a sign that states “Slow Down, Children at Play.”
 
Mr. Soriano explained that with respect to the speed limit and signage suggestions, the Chief of Police would need to review the situation and make recommendations.  Commissioner Martucci asked the Chief if he had seen any positive impact due to other signs put up around the township. Chief Stiles replied that generally, most of the public does not care what you put up and do not obey any posted speed limit unless there is excessive enforcement. 

Commissioner Martucci inquired if this matter concerning the Park would fall under the Environmental Advisory Council’s jurisdiction.  Commissioner Unger replied that it would likely be better directed to the Recreation Advisory Committee instead.  Mr. Soriano stated that the easiest thing to do would be to put up signs, but also agreed with the Chief that in order to send a message, the rule would have to be adequately enforced to show that the Township means what it posts.
 
Greg Saba of 916 S. Ott Street expressed his concern with the number of basketball courts at Green Acres Park.  He commented that people come to the park from inner city Allentown because the basketball courts are in better condition.  Mr. Saba commented that the basketball courts attract bad people and gangs into the neighborhood.  He requested that some of the basketball courts be replaced with tennis courts. 

Commissioner Unger stated that they will forward Mr. Saba’s request to the Recreation Advisory Committee, along with all of the other suggestions given tonight.  He stated that he appreciated all the information given, and the Board would look into how to resolve these issues.  Mr. Soriano then verified that the Board will get back to the residents who spoke, and they should inform the other neighbors of what is happening.

OTHER BUSINESS
Chief Stiles discussed the Traffic Safety Speed Enforcement Program in regards to Green Acres Park.  Chief Stiles said their primarily problem with traffic enforcement is PA legislature.  For the past 36 years, he has been asking for municipalities to be allowed to use radar enforcement and every year it gets voted down.  He stated that PA is the only state in the Union that prohibits local municipalities from using radar.

Chief Stiles noted that his primary concern is the availability of officers not tied up on calls.  With the increase in call volume and traffic crashes, plus taking care of Lehigh Valley Hospital, the South Mall, and the School District, it is very difficult to target certain areas for traffic enforcement.  The Chief assured that they would focus on the Green Acres Park area one or two days a month, just like the other areas in the Township.  He indicated that part of the reason why they do not get a chance to look at everything in the park is because they get pulled away to take care of problems.

Commissioner Unger asked the Chief what he needs in order to enforce the rules.  Chief Stiles replied that the police department can take action when alcohol is brought into the park, if there is vandalism, or if there is any violation of the park ordinance.  As far as the number of people in a park, they cannot prohibit people from being in a public park.  On the other hand, if the board sets limits on the use of the pavilion, they will enforce that rule as well.  He explained that it is difficult to enforce everything because there are no officers available to leave at the park all day long. 

ADJOURNMENT
As no other business was presented, the meeting was adjourned on Motion by Commissioner Cusick and seconded by Commissioner Martucci.  The Board of Commissioners recessed into an Executive Session to discuss a legal matter. The Commissioners later reconvened for a Workshop. The time was 8:50 p.m.