TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
September 25, 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
John Ashley, Township Solicitor
David Tettemer, representative of the Township Engineer; Acting Zoning Officer

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

PLEDGE OF ALLEGIANCE

NOTIFICATION
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.

FINANCIAL REPORT AND PAYMENT OF THE BILLS
On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to accept the Financial Report and authorize payment of the bills.

MINUTES
September 11, 2008

Commissioner Unger noted a change to Page 5 of the September 11, 2008 Board of Commissioners Minutes. The Minutes should read, “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 Unger declared the September 11, 2008 Board of Commissioners Meeting Minutes approved with the above-noted changes.

ORDINANCES
Consideration of an ordinance to amend the Code of Ordinances, Chapter 15, Motor Vehicles and Traffic, Part 4, Section 403 related to parking prohibited at all times at certain locations: adding the east side of Center Place from East Susquehanna Street to a point (120’) feet south as a “No Parking Zone”.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to approve the ordinance to amend the Code of Ordinances, Chapter 15, Motor Vehicles and Traffic, Part 4, Section 403 related to parking prohibited at all times at certain locations: adding the east side of Center Place from East Susquehanna Street to a point (120’) feet south as a “No Parking Zone”.

RESOLUTIONS
Consideration of a resolution to appoint a Township Manager and Township Secretary.

Commissioner Unger announced the nomination of Mr. Randy Soriano to be appointed as Township Manager and Township Secretary. He noted Mr. Soriano has been a long-time manager for the Borough of Fountain Hill.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to appoint Mr. Randy Soriano as Township Manager and Township Secretary.

Consideration of a resolution to appoint an Assistant Township Manager/Finance Officer.

Commissioner Cusick expressed her disappointment that Mrs. Bonaskiewich was not appointed Township Manager. She commented that Mrs. Bonaskiewich had done an excellent job as Acting Township Manager and making her Assistant Township Manager/Finance Director would be a positive step.

The commissioners spoke briefly commending Mrs. Bonaskiewich’s efforts during the interim period of selecting a Township Manager.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to appoint Mrs. Cathy Bonaskiewich as the Assistant Township Manager/Finance Officer.

Commissioner Unger inquired about setting the salary.

Attorney Ashley recommended that formal action be taken to set the salary for the Assistant Township Manager/Finance Officer since it is a new position.

ADDITIONAL ITEM:
Consideration of a motion to establish the salaries of the Township Manager and the Assistant Township Manager.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted 5-0 concurrently to establish the Township Manager’s annual salary at $75,103 and the Assistant Township Manager/Finance Officer’s annual salary at $69,812.

RESOLUTIONS (cont.)
Consideration of a resolution approving the Lehigh Valley Hospital Campus Expansion Plan waiver request and landscape plan revision.

Present on behalf of Lehigh Valley Hospital was Mr. Scott Pidcock of The Pidcock Company, engineer. He explained the proposed landscape plan revisions and the waivers requested. He noted that with respect to the detention basin, they had originally proposed to plant a buffer to minimize visibility. He commented that the basin is already the least visible from the perimeter of the property. He noted that there are currently existing trees nearby which also minimize the basin’s visibility. The waiver request is to forgo the obligation of installing plant materials around the detention basin.

Commissioner Martucci inquired about the type of fencing proposed for the detention basin.

Mr. Pidcock explained that they propose a split rail fence. He concurred that the waiver request to Section 10.10.B.2(g) be changed to a deferral request.

Mr. S.E. Siuciak of 1215 Caroline Road had questions regarding fencing requirements for detention ponds and the detention pond’s dimensions. He raised concerns regarding trees that were to be replanted in the lot adjacent to his that the Hospital now owns. The trees provided a buffer zone to minimize lights from the Hospital, but Mr. Pidcock explained that he was unprepared to respond.

Commissioner Brown noted that this is a different matter which could be raised in public comment.

Commissioner Unger inquired if Mr. Pidcock would be able to provide a written response to the Township with respect to the question raised by Mr. Siuciak.

Mr. Jim Hobbs of 1915 Black River Road inquired about whether the Hospital’s request should have been presented to the Zoning Hearing Board or Planning Commission.

Mr. Pidcock explained that the modifications were minor and they were recommended to come to the Board of Commissioners.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the deferral of SALDO Section 10.10.B.2.(g ) (requirement to install a buffer yard around the detention basin and in lieu thereof, plant additional street trees along the north side and along the south side of Fish Hatchery Road.)

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve a waiver to SALDO Section 10.16.C (requirement that street trees be planted within the street right-of-way from 15 feet to 29 feet so trees are set behind the power lines).

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve a waiver to SALDO Section 10.16.C.9 (to allow the street trees be planted in the center of a 5 ½-foot planting strip measured from the back of the curb).

MOTIONS
Consideration of a request to authorize Escrow Release #1 for the Southbury Park subdivision in the amount of $61,178.14.

Mr. Tettemer explained that a portion of the construction that occurred on the Southbury Park site was approved by his office for payment including storm sewer inlets, piping and detention basins. He stated that they recommend the escrow release in the amount of $61,178.14.

Mr. Bruce Burchard of 2025 Church Road inquired about whether the escrow release would have anything to do with the NPDES violations.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to authorize Escrow Release #1 in the amount of $61,178.14 for the Southbury Park subdivision.

Consideration of a motion to renew Mr. Charles Durner’s employment and lease agreements for one year.

Mrs. Bonaskiewich explained that Mr. Durner works 20 hours per week base, but also does additional work when he is called out for animal control duties beyond his 20 hour schedule.

Commissioner Cusick commented that Mr. Durner does a good job keeping Franko Farm in pristine condition and his work at the drop-off centers.

Mr. Burchard inquired about Mr. Durner’s benefits. Mrs. Bonaskiewich noted Mr. Durner does receive medical benefits under the agreement.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the renewal of Mr. Charles Durner’s employment and lease agreements for one year.

PUBLIC COMMENT
Mr. Michael Adams of 28 S. 14th Street of Allentown explained that he works with the Allentown Environmental Advisory Council and would be willing to assist the Township if it is looking to establish an environmental advisory committee.

Mr. Hobbs expressed his concerns about recent hurricane and storm events that brought silt and debris from the Southbury Park development into the Black River which runs through his property. He presented water samples that he had taken from the Black River. He also raised concerns with the effects to his stone barn and other stone buildings in the area along Black River Road from heavy duty construction trucks passing through.

Mr. Tettemer outlined the construction procedures, noting that a sedimentation pond has to be constructed prior to any earthmoving activity. He explained that a sedimentation pond is only as effective as standard construction practices allow. He noted that this was reviewed and approved by DEP and there have been site visits. He noted that the Conservation District has also been there and is aware of what is happening. He noted that the contractor is working to be as environmentally safe as they can be and is doing what they have been told by the DEP and Conservation District.

Mr. Hobbs noted he would take his own measures to minimize the silt coming into his pond.

There was a brief discussion regarding the heavy trucks and whether there are weight restrictions for the bridges in the area. Mr. Andreas commented that Mr. Tettemer is making note of the concerns and would inform the site supervisor to have the trucks utilize the PennDOT roads for access.

Mr. Burchard commented that there is still a violation with the Southbury Park development from a week prior for the failure to stabilize earth disturbances. He commented that the sedimentation ponds are still not complete. He expressed concerns of further damaging effects to properties downstream from the development from the earth disturbances and the anticipated storm events. He asked a number of questions related to the Southbury Park development inspections and studies performed. He also inquired about Keystone Consulting Engineers and commented that he believes the developer had demolished a portion of a building without obtaining permits.

Mr. Tettemer addressed Mr. Burchard’s questions and outlined some of the inspections and procedures performed. Mr. Burchard requested that the Township issue a cease and desist order until the soil is stabilized and no pollution going into the streams.

There was a brief discussion about whether Mr. Tettemer, as Acting Township Zoning Officer, has the authority to issue a cease and desist order either based upon DEP and Lehigh County Conservation Districts recommendations or if he would find serious violations.

Kathy McCarthy of 2025 Church Road had questions regarding the Southbury Park development and whether there is a time frame for the developer to address any violations.

She noted that she had taken pictures of a spring coming up through a detention basin.

Mr. Siuciak expressed his concerns with the removal of trees on the 1205 Caroline Avenue property now owned by the Hospital. He noted that the previous owners had planted a row of evergreen trees which created a buffer from the Hospital property. He stated that the Hospital cut the trees down claiming that the trees would affect the detention pond. He recalled that there was supposed to be a berm with trees and shrubs on the berm for the south road which had also been cut down and the berm removed. He asked the Township to get a reason from the Hospital why the trees had to be removed. He invited the Board members to his property to see how it looks.

Mr. Tettemer commented that he would look into the matter and be in contact with Mr. Siuciak.

Jane Benning of 3111 Douglas Road inquired about the violation reports for Southbury Park and the reason for so many violations if the project is being inspected by the Township Engineer’s firm.

Nancy and Ed Miles of 1965 Little John Lane had questions regarding the Darcy proposal for a tree and plant nursery for Ms. Darcy’s property on Martin Luther King Drive. Some of Mrs. Miles questions related to the Zoning Officer’s review letter of the proposed plan and his interpretations of the ordinance relating to the trees having to “be clearly and primarily grown on the property”.

Mr. Tettemer explained his interpretation is that the plant or tree item would have to be grown on the site for a period equal to half of its life when initially planted.

Mrs. Miles expressed a number of concerns with the proposed business and the potential it could go beyond the scope as proposed by Ms. Darcy. She noted a concern with contaminated soil and earth disturbance from heavy vehicles as well as noise disturbances.

Attorney Ashley explained the appeal process if one would disagree with Mr. Tettemer’s interpretation of the proposed business as it relates to the Zoning Ordinance.

Mr. Tettemer explained that he had requested DEP to provide a letter stating whether the proposed business would be permitted from their perspective. He responded to several questions from various audience members relating to unauthorized retail sales and inspecting earth disturbances and what would be deemed inappropriate items for sale.

OTHER BUSINESS
Commissioner Martucci noted that there was a road cut in without permits in the First Ward. There was a brief discussion about the possibility of having the road blocked and Mr. Tettemer would prepare a letter outlining the matter.

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