TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
April 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
James Brown, Vice-President
Robert Martucci, Jr.
Norma Cusick
Mary Yoder, Excused

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 archives its tapes which are available pursuant the Right-to-Know Law.

APPROVAL OF BILLS PAYABLE
On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to accept the March 31, 2009 Financial Report and approve the Bills Payable for the period 04/04/2009 through 04/17/2009. Motion passed by unanimous voice vote 4-0.

MINUTES
April 9, 2009
Commissioner Unger declared the April 9, 2009 Board of Commissioners Meeting Minutes approved as presented. Commissioner Unger also noted that the Board held a Special Meeting on April 16, 2009 that in addition to honoring the Volunteers also discussed a Resolution to apply for a CDBG Lehigh County Planning Grant. Commissioner Unger noted that the minutes of the Special Meeting were also transcribed.

NEW BUSINESS

ORDINANCES
None

RESOLUTIONS
Ratification of a Resolution to submit a CDBG Grant Application to Lehigh County for updating the Comprehensive Plan.

Mr. Soriano brought forth the Resolution that was submitted as part of the CDBG County Application to be formally ratified, as follows:

“BY THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF SALISBURY, LEHIGH COUNTY, PENNSYLVANIA, PROVIDING FOR THE SUBMISSION OF A GRANT APPLICATION TO THE COUNTY OF LEHIGH UNDER THE CDBG HUD PROGRAM FOR UPDATING ITS COMPREHENSIVE PLAN”

WHEREAS, The Township of Salisbury is applying to the County of Lehigh for a Community Development Block Grant (CDBG) for the update of the Township Comprehensive Plan; and

WHEREAS, The Board of Commissioners wishes to designate the Township official authorized to submit such application.

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF SALISBURY TOWNSHIP, AS FOLLOWS:

NOW, THEREFORE, BE IT RESOLVED that the Director of Planning and Zoning, Cynthia Sopka, is authorized to submit such application and sign the appropriate municipal certifications to effectuate the same.

APPROVED AND ADOPTED this 16th day of April, 2009 by the Board of Commissioners of the Township of Salisbury, Lehigh County, Pennsylvania at a regular public meeting.”

The Board’s overall consensus was a positive one towards moving forth with the recommendations of the Planning Commission to initiate the process of updating its Comprehensive Plan. Mr. Soriano noted that if the Township is successful in receiving the Grant, they will quickly move with a Request for Proposal to hire a Consultant to guide the Planning Commission and Board in updating the Plan.

Motion by Commissioner Cusick to approve the ratification of the Resolution providing for the submission of a grant application to the County of Lehigh under the CDBG HUD program for updating its Comprehensive Plan that was included with the submission of a CDBG County Grant Application. Motion was seconded by Commissioner Brown. The Resolution was passed by unanimous voice vote.

Consideration of a Resolution establishing new Zoning Fees.

Mr. Soriano brought forth a Resolution to revise the existing Zoning Fees. The Resolution reads as follows:

BY THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF SALISBURY, LEHIGH COUNTY, PENNSYLVANIA, UPDATING PERMIT FEES LISTED IN CHAPTER 1, PART 12 OF THE SALISBURY TOWNSHIP CODIFIED ORDINANCE.

WHEREAS, Chapter 1, Part 12 of the Administrative and Government Section of the Salisbury Township Codified Ordinances lists a complete Schedule of Fees; and

WHEREAS, the proposed zoning fees are intended to be reflective of the actual costs to Salisbury Township to provide reviews, inspections, and services.

NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Township of Salisbury, Lehigh County, Pennsylvania, that the Fee Schedule located in Chapter 1, Part 12 of the Salisbury Township Codified Ordinances shall be revised as follows:

ZONING FEE SCHEDULE 2009 NEW FEES
Zoning Permit $25.00
Temporary Zoning Permit $25.00
Carbonate Geotechnical review $250 Single
$500 Multifamily
Plan Revision review $25.00/submittal
Zoning Ordinance book w/map $25.00
Zoning map $5.00
Application for Rezoning $250 Plus $500 Escrow
Special Exception (SE) Non residential $600.00
Special Exception (SE) Owner Occupied residential $200.00
Special Exception Other than Owner Occupied residential $400.00
Variance - Residential (non Owner/Occupied) $400.00
Variance - Owner Occupied Residential $150.00
Variance - Non Residential $600.00
Conditional Use (Resident/Commercial) $750.00
Time Extension for Zoning Hearing $50.00
Curative Amendment $1,000 + $1500 Escrow
Challenge Validity of Zoning Ordinance/Officer $600 + 1,000 escrow
SALDO Required Environmental Assessment Report $250

The Board overwhelmingly favored these revisions since it will bring the Township fees in line with surrounding municipalities.

Motion by Commissioner Cusick to approve the Resolution revising the Zoning Permit Fees. Motion was seconded by Commissioner Martucci. The Motion was passed by unanimous voice vote.

Consideration of a Resolution to approve the A&H Sporting Goods Preliminary/Final Land Development Plan.

Mr. Soriano noted that the Resolution that was on the agenda for consideration of the A&H Sporting Goods development Plan has been withdrawn due to additional information needed for the review process and to satisfy the Township Engineer. Mr. Soriano reviewed the plan review timeline for the Board to act on the submission as presented by Ms. Sopka, Planning & Zoning Director.

“Zoning Ordinance requires a site plan review pursuant to Section 27-117 conversion of a principal residential building to a principal non-residential building.

The submission of the site plan must be made within a minimum of 25 days prior to the first regularly scheduled planning commission meeting that was held 3/10/09 but the plan presented to the Planning Commission was the sketch plan (the clock doesn’t start here).

The preliminary plan was submitted and heard by the Planning Commission on 4/14/09 for review and consideration of comments from the Township Engineer and any other appropriate agencies. The Planning Commission then makes recommendations to the BOC.

The BOC shall review the site plan and determine its compliance or lack thereof with the ordinance upon recommendations of the Planning Commission and others such as the Zoning Officer, Township Engineer, etc.

The Board shall make a determination within 90 days AFTER the first regularly scheduled Planning Commission meeting that occurred after the minimum 25 days after RECIEPT of a COMPLETE SITE PLAN SUBMISSION, unless the applicant grants a written time extension.

Therefore, the 90-day period in this project starts as of 4/14/09 and will terminate around July 6th A decision from the BOC should be issued prior to July 14th. I will contact the attorneys for A&H and request a letter indicating they would like to withdraw from the 4/23/09 BOC agenda and would consider the next BOC meeting in May.”

MOTIONS
Consideration of a Motion to accept the Lehigh County Safe Street Grant.

Mr. Soriano brought forth the Grant Application that was submitted to the County of Lehigh for an additional police officer under their Safe Street Grant Program. Mr. Soriano noted that this was discussed at the last work session. Chief Stiles learned that the approved amount for funding the additional police officer (earmarked for patrolling the eastern portion of Salisbury) will be less than anticipated when the initial Application was submitted. The original application anticipated the Township receiving a total of 50% of the proposed $72,245 in Salary and Benefits. The formula used by the County will now approve only $28,276.25. The funding for the additional officer is for a 3-year period and the Township will need to reapply each year. The cost implications were discussed in a prior memo. Commissioner Cusick added that the Chief of Police has established the “need” versus “want” aspect of the request.

Commissioner Cusick commented that she believed the addition of a new community officer was a very good idea in order to “nip” problems before they escalate. Commissioner Martucci added that the community officer will be devoted to Wards 1 & 2 which has experienced an increase in criminal activity. Commissioner Brown noted that the Board needs to be proactive in fighting crime and the officer will accomplish that task. Commissioner Unger believed that the inception of the Casino will adversely impact the neighborhoods and the additional officer will help in that respect.

Chief Stiles noted that the Township will also receive additional funding from the County for the Casino. Chief Stiles noted that the County will hold a formal press conference on May 12, 2009 at 1:00 p.m. in the County Administration Building to announce the police grants. Chief Stiles invited the Board to attend.

Commissioner Cusick made a Motion to accept the Safe Streets Grant through Lehigh County that will pay for start-up costs for three years for an additional community police officer for Wards 1 & 2. Motion seconded by Commissioner Brown. Motion passed by unanimous voice vote.

Consideration of a Motion to approve the Allentown Dog Training Club request to conduct dog obedience classes for eight weeks at Franko Park on Tuesdays, 6:30 p.m. – 7:30 p.m., beginning May 5, 2009.

Mr. Soriano brought forth a request from Ms. Chris Courduff, Training Director of the Allentown Dog Training Club, Inc., 2410 Camp Rockhill Road, Quakertown, PA 18951, regarding the use of Franko Park for Training obedience classes. Commissioner Brown noted that the organization does a good job in restoring the grounds after the training is completed.

Motion by Commissioner Cusick to grant permission to the Allentown Dog Training Club to allow the Club to hold dog obedience classes at Franko Park Recreation Area with the following conditions:

  • Classes to begin May 5, 2009, Tuesday evening from 6:30 p.m. to 7:30 p.m. and run approximately one hour and continue for approximately eight weeks.
  • Approximately 15 dogs will be trained and accompanied by the appropriate handlers and at least two instructors. All dogs shall be on a leash at all times.
  • The area reserved shall be kept free of dog feces and all trash associated with the event shall be disposed of.
  • Reserved area next to the vegetable garden shall be left in the same conditions as it was before the event.
  • The Club shall sign a Waiver of Liability Agreement
  • The Board waived the Fees for the event.

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

NOTIFICATION OF WATER RATE INCREASE BY LCA.
Mr. Soriano announced that the LCA will increase water rates for the customers of the Township previously served by Emmaus. The rate increase will be in the upcoming month. The water rate structure will be a fixed charge of $11.70 per quarter for residential customers, plus a volume charge of $1.92 per 1,000 gallons of water use. The LCA will notify the affected customers directly.

PUBLIC COMMENT
No comments were presented.

OTHER BUSINESS
Commissioner Brown reported that the Environmental Advisory Council had their first meeting which was attended by four of the five members. Commissioner Brown noted that it was a very productive meeting and several issues were discussed. One was to try to establish a regular meeting date, tentatively set for the third Wednesday of the month and the creation of Bylaws that will need to be approved by the Board. Commissioner Brown noted that at the next meeting, officers will be elected. Commissioner Brown advised that the meetings will be advertised and open to the public. Ms. Sopka commented that she feels the EAC members are a rather concerned and diverse group and expressed her confidence in them.

Chief Stiles informed the Board that during a Traffic Safety Check Point on Broadway, one of the vehicles stopped and as the individuals were being removed from the car, a semiautomatic handgun was located underneath one of the seats. It was subsequently determined that the gun had been reported stolen in Allentown and the individuals were arrested. He noted that the weapon was submitted to State Police Crime Lab to check for ballistics because Allentown P.D. believes it was used for a crime in the city. He commended his officers for their performance and training since no one was hurt in the incident and the individuals are now in custody at Lehigh County Prison. The Commissioners asked the Chief to thank his officers on their behalf.

Ms. Sopka updated the Board regarding the Southbury Park wetlands. She stated an Army Corps of Engineers Inspector contacted her and invited her for a walk-through of the property. The Inspector, Ms. Sopka, Mr. Nicolo, and Mr. Myron Haydt walked the site and looked at the sites that had disturbance to see if there was any impact to the wetlands. The Inspector, limited to the area where activity was occurring, concluded that there was no impact to the wetlands. Ms. Sopka noted that the Inspector also made several suggestions to Mr. Haydt.

Chief Stiles noted that the Police Station Renovations Plans had to be revised. Chief Stiles noted that due to an existing well, the elevator had to be relocated. Mr. Soriano noted that the Township also met with the District Judge and Court Administrator to discuss renovations for their office area.

A brief discussion was held on the status of the Walking Purchase Park Master Plan. Mr. Soriano noted that DCNR had rejected the draft submitted by the County’s consultant and the Plan is presently under revision. Mr. Soriano noted that the Township will miss the window of opportunity for development grants through DCNR C2P2 Program because of the incomplete Plan. Applications were due April, 22, 2009.

Commissioner Cusick inquired whether the EAC would be part of the review of the plan. Mr. Soriano advised once it gets to a development phase for the site, it will go to the Planning Commission and since the EAC is in place, it will then be submitted to the EAC for their recommendations.

ADJOURNMENT
As no other business was presented, the meeting was adjourned. The Board of Commissioners recessed into a Workshop. The time was 8:05 p.m.