TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
September 11, 2008

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:
Cathy Bonaskiewich, Acting Township Manager, Finance Director
John Andreas, Director of Public Works
Allen Stiles, Chief of Police
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
Commissioner Unger announced that the meeting would be recessed for a brief Executive Session on personnel matters.

****Meeting reconvened.
Mrs. Bonaskiewich 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.

PAYMENT OF THE BILLS
On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to authorize payment of the bills.

NOTIFICATION:
Mrs. Bonaskiewich announced to the Board of Commissioners the Minimum Municipal Obligation (MMO) for each of the Township’s pension plans for the year 2009 and certified the amounts required.

MINUTES
August 28, 2008
Commissioner Unger declared the August 28, 2008 Board of Commissioners Meeting Minutes approved as submitted.

ORDINANCES
None.

RESOLUTIONS
Consideration of a resolution to appoint Keystone Consulting Engineers, Inc. as Acting Township Zoning Officer.

Commissioner Cusick commented that Mr. Tettemer performed well at a recent Planning Commission meeting she recently observed.

Mr. John Eberhard of 1400 Constitution Drive inquired about the possibility of conflict having the Township Engineer appointed as Acting Township Zoning Officer.

Mr. Tettemer explained that he in his capacity as Township Engineer and as Acting Zoning Officer, he would make recommendations based on the Township’s SALDO and Zoning ordinances. He noted that ultimately, the Board of Commissioners, Planning Commission or Zoning Hearing Board would make the final decision.

Commissioner Unger commented that they would attempt to keep the time brief for the Acting Zoning Officer appointment.

Ms. Jane Benning of 3111 Douglas Road commented that it would be better to have two individuals making recommendations instead of one.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to appoint Keystone Consulting Engineers, Inc. as Acting Township Zoning Officer.

MOTIONS
Consideration of a motion to purchase a new security alarm panel for the police station.

Chief Stiles explained that the current alarm panel is approximately 11 years old and is not functioning properly. He noted that the old panel can no longer be repaired because the parts are obsolete. He explained that with purchasing a new panel it will be used when the renovations are made to the police station. He noted that the new panel will allow for the expansion of the alarm system into the newer areas and to improve security at different entrances.

Commissioner Cusick cautioned that the new alarm panel be placed appropriately so that it does not have to be relocated or incur additional costs during the building renovations.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to authorize the purchase of a new security alarm panel for the police station.

Consideration of a street tree removal request for 930 Hawthorn Rd.

Mrs. Bonaskiewich explained that Mr. Sandy Nicolo, the Code Enforcement Officer, visited the property and took pictures of the tree which appeared to be dead on the top half. She explained that he recommended removing the tree and the tree should be replaced.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioner voted unanimously to approve the street tree removal request for 930 Hawthorn Road with the requirement that the tree be replaced.

Consideration of a street tree removal request for 936 Hawthorn Rd.

Mrs. Bonaskiewich explained that the tree is in a more deteriorated state and recommend that the tree be removed and recommend replacement.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the street tree removal request for 936 Hawthorn Road with the requirement that the tree be replaced.

ADDITIONAL ITEM
Consideration of a motion to authorize Boyle Construction to perform repairs to the front entrance/roof of Municipal Building.

Mrs. Bonaskiewich explained that although there had been previous repairs to the roof, the roof still leaks. She noted that Mr. Nicolo suggested installing an overhang to address the problem since water still is able to get in possibly because of the roof’s pitch or design. Commissioners Martucci and Brown expressed concerns about using the same contractor who previously made repairs. They suggested obtaining additional quotes, which Mr. Nicolo will do.

PUBLIC COMMENT
Mr. Bruce Burchard of 2025 Church Road commented that there are problems with the Southbury Park development including silt going into a stream and a neighbor’s property. He inquired what action would be taken against the developer. He accused the developer of killing the aquatic life in the stream and damages to the environment.

Mr. Tettemer explained that some ground water runoff is to be expected from a construction site. He noted that the Conservation District handles erosion control. He commented that there have been no violations issued by the Conservation District. He noted that he had observed that the Conservation District performing inspections of the site recently.

Mr. Burchard asked a number of questions on the Southbury Park subdivision including tree removal and inspections. He expressed his concerns with the problems being caused by the development and described the path of the stormwater runoff with the dirt and silt and its effect on the creek and springs that are not properly denoted on his plans.

Mr. Tettemer noted that there was roadway widening and some tree removal for clearing sight distance. He explained the tree removal process for construction and noted that there will be replanting of trees.

Commissioner Martucci commented that if the stream is being polluted, then something should be done to minimize its impact.

There was a discussion on trying to ascertain where the dirt is coming from; either a pond or just from all over the property. Mr. Tettemer noted that best management practices are to be utilized in storm water management. Also the developer would have to abide by any additional requirements of the Lehigh County Conservation District. Mr. Tettemer explained the process of having the sedimentation basin during the land development and earth disturbances and that the LCCD would determine when the basin can be turned into a regular detention basin.

Kathy McCarthy of 2025 Church Road inquired about whether inspections were performed while the developer was constructing over weekends and the holidays. She expressed her concerns with the pollution and requested to know who was present for inspections during the Labor Day holiday.

Mrs. Benning informed the Board of Commissioners that their group has filed an appeal against the Southbury Park development. She expressed her concerns with the circumstances of flooding and problems occurring with each subdivision. She asked how the appeal would affect the development process.

Mr. Tettemer explained that until he receives notification from DEP or the Conservation District that some form of stop work order is appropriate, then he does not have the authority to stop the developer from working.

Ms. McCarthy questioned how to repair damages to the environment if the appeal is successful.

There was a discussion on whether the Township could use the developer’s escrow to fix any environmental damages. Attorney Ashley explained that the escrow is to make sure that what would be public improvements are completed.

Mr. Eberhard suggested having the Township Engineer on a fixed salary to eliminate possible conflict of interest issues between the engineer’s firm and developers. Rev. Afaf Darcy submitted her proposed plan to the Township relating to the property on Martin Luther King Boulevard.

Commissioner Unger announced that after the meeting, there would be an executive session on negotiations and personnel matters that would not require a vote.

OTHER BUSINESS
Commissioner Martucci noted that he had met with a wildlife biologist about the geese problem at Laubach Park. He noted that he obtained information on other methods for ridding the park of the geese. He listed some of the suggested steps the Township can take including posting no feeding signs and passing a no feeding ordinance.

Mrs. Bonaskiewich noted that Attorney Ashley is presently working on the ordinance.

Commissioner Yoder noted that she had been contacted by a resident having a problem with a neighbor. The resident has had the police arrive numerous times about noise violations. She inquired about ordinances for driving ATVs on a small residential lot.

Chief Stiles noted that he is aware of the matter and that there is a pending civil court action.

Commissioner Unger noted that he was contacted by someone from the PA Association of Township Commissioners about a convention regarding energy legislation dealing with natural gas pipelines.

Commissioner Martucci inquired about the No Parking Ordinance for Center Place.

Chief Stiles noted that it will be on the next agenda for vote.

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