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TOWNSHIP OF SALISBURY MINUTES FROM THE BOARD OF COMMISSIONERS 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: Staff attending: CALL TO ORDER PLEDGE OF ALLEGIANCE NOTIFICATION Mr. Soriano announced that the Township does archive its tapes and are available pursuant the Right to Know Law. APPROVAL OF FINANCIAL REPORT/BILLS PAYABLE MINUTES Commissioner Unger declared the May 14, 2009 minutes approved as presented.. ORDINANCES RESOLUTIONS Mr. Soriano introduced Resolution No. 05-2009-1322 for consideration of the site plan submitted by A&H Sporting Goods, 3103 Emmaus Avenue, Allentown, PA 18103 for a Change of Use Application from a residential use to non-residential use pursuant to Section 117.(2).(C) of the Zoning Ordinance. Mr. Soriano noted that the Zoning Officer, by a memorandum dated 5-21-09, outlined the review process of this development, which started with a formal submission of the site plan to the Planning Commission on 12/18/2009; and after many reviews of the Planning Commission and approval of several Variances and Special Exception by the Zoning Hearing Board, the matter is now in front of the Board for final review. The Applicant George Frick was represented by Attorney Timothy D. Charlesworth. A presentation was made by Engineer Stan Shelosky. Several questions were posed by the Board of Commissioners. Commissioner Cusick inquired on the entrance to and from the site. Applicant noted that this would be from a driveway exiting on 31st Street and would be a right-in and right-out. Commissioner Cusick inquired on the use of the paper alley to the rear of the property. Applicant noted that this was originally contemplated but it was later abandoned. Commissioner Unger was concerned about the traffic generated by the commercial use and endangering the pedestrians. Applicant testified that very little business is generated by walk-in clientele and most of the business relates to schools and organized sport leagues. Commissioner Martucci inquired about the sidewalks. Applicant requested several Waivers and a Deferral from the SALDO, as follows: A motion was made by Commissioner Cusick to grant the Deferral of the sidewalk. Motion was seconded by Commissioner Brown. Motion passed by unanimous voice vote. MOTIONS Edwards Electric & Telecom, Incorporated Barry Hoffman Mr. Soriano noted that the Township conducted trade and bank references and ran a check with the Better Business Bureau to be ensure there are no complaints filed against Edwards Electric & Telecom, Incorporated. All were found to be favorable. Also an end user reference was checked (Penske Trucking Facility) and no “red flags” were uncovered. Mr. Soriano also checked on the company’s response time and noted that their standard response for a service call is to phone back within one (1) hour and to be on-site by the next business day. Our standard emergency response is to call back within one (1) hour and be on-site the same day. We have a 24 hour on-call system to ensure that we can be reached at all times. Mr. Soriano noted that the Township has two (2) generators recently installed and both which were the manufacturer-specified (Katolight) in the based bid of this project. In an effort to keep with the same generator manufacturer, as discussed during design, and because the difference between the base bid (Katolight) and alternate E-2 (Kohler) is such a small amount (around 2%) it is recommended the Township consider the base bid generator be selected with the contractor who is selected for the project. Mr. Soriano recommended that the Board of Commissioners accept the lowest bid submitted by Edwards Electric & Telecom Incorporated, 30 Park Street, Stevens, PA for the Based Bid in the amount of $54,790. Commissioner Martucci noted that he had also checked the company and recommended approval. Dave Tomcics of Eastern Salisbury Fire Ambulance & Rescue was concerned about the company’s location being in Lancaster, on the response time in the event of an emergency. Mr. Soriano responded that in a worst case scenario, the Township could possibly use its own electrical system vendor as back up, if needed. Motion by Commissioner Cusick to award the Base bid to Edwards Electric & Telecom Incorporated, 30 Park Street, Stevens, PA in the amount of $54,790 for the furnishing and installation of an emergency generator and transfer switch. Commissioner Martucci seconded the motion. Motion passed by unanimous voice vote. Motion to accept the 2008 Financial Statements and Auditor’s report. Motion by Commissioner Cusick to accept the 2008 Financial Statements and Audit Report as prepared by Todd Bushta, C.P.A. Motion seconded by Commissioner Brown. Motion passed by unanimous voice vote. Motion to authorize the Township Manager to retain a Certified Public Accountant to conduct an Audit of the Eastern Salisbury Volunteer Fire Department. Mr. Soriano noted that pursuant to the discussion at the last Board of Commissioners meeting regarding the dissolution of the Eastern Salisbury Ambulance Corps, the Township has obtained a proposal from the Township Auditor, Todd Bushta, C.P.A., to perform a financial and performance Audit. Mr. Soriano circulated a copy of the Proposal. Motion by Commissioner Cusick to accept the Proposal submitted by Todd Bushta, C.P.A. in the amount of 5,000-$7,000 to perform a financial and performance Audit of the Eastern Salisbury Ambulance Corps. Motion seconded by Commissioner Martucci. Motion passed by unanimous voice vote. Motion to release Escrow Payment #5 for Southbury Park in the amount of $58, 028.13. Mr. Soriano brought forth a release of Escrow Payment #5 for the Southbury Park Development in the amount of $58,028.13. Mr. Soriano noted that the amount to be released is associated with work for street construction which has been inspected and approved by the Township Engineer. Motion by Commissioner Cusick to approve the release of the Escrow Payment #5 in the amount of $58,028.13 for the Southbury Park Development. Commissioner Martucci seconded the Motion. Motion passed by unanimous voice vote. Motion to release Escrow Payment #6 for Southbury Park in the amount of $122,225.44. Mr. Soriano brought forth a release of Escrow Payment #6 for the Southbury Park Development in the amount of $122,225.44. Mr. Soriano noted that the amount to be released is associated with work completed for street construction, landscaping, utility trenching, storm sewer and erosion controls, which have been inspected and approved by the Township Engineer. A discussion ensued on whether to consider this request since it was not formally listed on the Agenda. Mr. Soriano noted that he had informed the Board that this item would be added as soon as the paperwork from the Engineer was received. Mr. Soriano noted that by the time the Agenda package was delivered, the Engineer had not sent the paperwork since he had received it on Tuesday, May 26, 2008. Mr. Soriano noted that he sees no legal impediment not to list this matter. After a lengthy discussion the Board added this request to the Agenda for deliberation. Motion by Commissioner Cusick to approve the release of the Escrow Payment #6 in the amount of $122,225.14 for the Southbury Park Development. Commissioner Brown seconded the Motion. Motion passed by unanimous voice vote. Mr. Soriano brought forth a request from the Cedar Crest Bible Fellowship Church for a release of Escrow #1 in the amount of $208,269.45. Mr. Soriano noted that the amount to be released is associated with work for a stormwater detention pond, storm sewer, and soil erosion controls, which have been inspected and approved by the Township Engineer. Motion by Commissioner Cusick to approve the release of the Escrow Payment #1 in the amount of $208,269.45 for the Cedar Crest Bible Fellowship Church. Commissioner Martucci seconded the Motion. Motion passed by unanimous voice vote. Motion to accept the resignation of Charles Zeppenfeld, Emergency Management Coordinator, effective July 31, 2009. Mr. Soriano read a letter of resignation from Charles Zeppenfeld, 3405 Lincoln Avenue, Allentown, who is tendering his resignation as Township Emergency Management Coordinator effective July 31, 2009. Mr. Soriano noted that he will begin the selection process for a new Emergency Management Coordinator and involve the Public Safety Committee in this endeavor. Motion by Commissioner Cusick to accept, with regret, the resignation of Mr. Charles Zeppenfeld, 3405 Lincoln Avenue, Allentown, as Township Emergency Management Coordinator effective July 31, 2009. Commissioner Brown seconded the Motion. Motion passed by unanimous voice vote. Street tree removal request for 1265 Potomac Street. Mr. Soriano noted that a request for a Shade Tree removal was made by Mr. Walter Nizio, 1265 Potomac Street, Allentown, for the removal of a decayed tree on the side yard abutting the Street. The Code Enforcement officer has verified the condition of the tree and is recommending its removal, but not its replacement since there are other shade trees in the area. Motion by Commissioner Cusick to authorize the removal of a Shade Tree in the side yard of 1265 Potomac Street; replacement not required. Commissioner Martucci seconded the Motion. Motion passed by unanimous voice vote PUBLIC COMMENT Mr. William Kennington, Eagle/Boy Scout, submitted documents to be signed for project completion. He thanked the Commissioners for their support last year of his Devonshire Park project, which had been completed. He commented that the landscaping looks very nice. He also thanked Mr. Andreas and Mr. Moyer for their support. He made a request for a dedication ceremony for the completed project, as well as, a plaque recognizing his Eagle Scout Project. Mr. Andreas stated that there have been many past projects done by the scouts, along with providing financial support. Mr. Andreas also advised that a plaque is normally placed in front of any type of honorary/memorial tree, which is incurred by the individual planting the tree. The Commissioners expressed that they would have no problem if Mr. Kennington would like to supply the plaque.Commissioner Cusick suggested Mr. Kennington contact the newspaper regarding the dedication, as they would likely send out a photographer. Mr. Soriano asked that pictures be made available to him so that they can be put on the Township’s website. Mr. Andreas advised Mr. Kennington that he did a great job with his project, it is a great improvement to the park which he would like to express publicly at the Eagle Scout Ceremony. As of now, no Ceremony date has been set. Commissioner Brown commended him on what a fantastic job he did. Commissioner Cusick advised that she is looking forward to his Ceremony. OTHER BUSINESS With respect to the drainage, she recently received a plan with the DEP recommended changes to the rain gardens. The plan was requested for months, and it was just recently received. Mr. Tettemer offered that the DEP forwarded a letter advising NPDES issued a new updated permit, as there are new requirements and regulations. All of the rain garden issues are a DEP issue. Commissioner Cuscik asked Mr. Andreas about the South Filbert Street Water and Storm Sewer project. Mr. Andreas advised they have not received the signed contract back with the bonds. Mr. Tettemer advised that it was received today and will be processed. No start date has been set for the project. Commissioner Cusick expressed her concern regarding the health and safety of students that travel to and from school in that area and the students at the corner bus stop. She commented that she would like to see the project completed during the summer months. Mr. Andreas stated that once all the bonds and insurance are in place, they can start. Hopefully it will not take longer than a month. Mr. Soriano advised Commissioner Cusick that the health and safety issue of the students will be address at the pre-construction conference with the contractor Doli. Commissioner Martucci inquired about the property on Kline Street that had suffered fire damage. Ms. Sopka advised they did get out to the area, but still have not been able to make direct communication with the owner. She explained that a certified letter was sent with the indication that he has to secure and stabilize the second level that is burned out. The letter has been sent with a five-day response time. She also expressed her concern that the building is not closed off and accessible to children. Mr. Soriano advised the he had a few residents who contacted him due to the street lights impacted by the fire. The Township Code Enforcement Officer subsequently contacted PPL. Commissioner Martucci asked Ms. Sopka to contact him once a response from the owner is received. Commissioner Brown informed BOC on the EAC meeting on May 20, 2009. Three out of five members were present. They elected Mr. Bruce Burchard as the Chair and Mr. Frederic Brock Vice-Chair. Attorney Ashley advised the BOC does not need to vote on the elected EAC officers, as it is their organization. Mr. Soriano advised that the he and the Chief met with the architects to discuss the Police Station Renovations. He noted that the Chief thought out the space requirements after discussions with his officers and has very good ideas in changing the space. They include reconfiguring some of the plans for the training room and changes to increase security to make sure there is limited access to the building along with emergency access for Police Officers from other departments due to an emergency situation requiring a lock- down. These ideas have been instituted. Also, the emergency coordinator will be relocated to the police station and make it manageable as an EMC center, as opposed to having it in the Municipal building. A plan is being forwarded for review for furniture placement, security system, etc. One of the architects doing the planning is proving a grant writer, free of charge, to do the Growing Green Grant from the Commonwealth. This person can help with solar water heaters, etc., that will incorporate additional ideas which will save the Township money since the State pays for this, and will help the environment. The Commonwealth does have a list of qualified bidders that does this type of job. If it is required in order to get the grant, it will be reviewed, but it must stay within the bid structure. Mr. Soriano advised that he has been in close contact with the architect and as he is trying to help out with the Municipal Building’s roof leak. Attorney Ashley informed the Commissioners that the Maher case was dismissed. 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