TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
June 11, 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-RESIGNED (Fifth Ward Commission seat - VACANT)

Staff attending:
Randy Soriano, Township Manager
Cathy Bonaskiewich, Assistant Township Manager, Finance Director
John Andreas, Director of Public Works (EXCUSED)
Allen Stiles, Chief of Police (EXCUSED)
Sergeant Kevin Soberick, Acting Police Chief
Cynthia Sopka, Director of Planning and Zoning (EXCUSED)
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 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 in the microphones.

APPROVAL OF BILLS PAYABLE
Commissioner Cusick posed several questions on the Bills Payable List.
           
On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the Bills Payable for the period 05/23/2009 through 06/05/2009.

MINUTES
May 28, 2009

Commissioner Unger declared the May 28, 2009 minutes approved as presented.
 
NEW BUSINESS

CONDITIONAL USE HEARING— (Appeal No. A-09-1996) 
Dominic Giles requests permission for the seasonal use of an existing barn as a Halloween venue located at 3350 Devonshire Road in an R-4, Medium Density Residential District which requires Conditional Use Review pursuant to §27.807.3 of the Zoning Ordinance.

The Hearing was advertised pursuant to Public Notice of the Zoning Ordinance. Representing the applicant was Mr. Dominic Giles and Attorney Steven Goudsouzian.

The Director of Planning and Zoning, by a Memorandum dated May 21, 2009, outlined the Planning Commission recommendations for the Conditional Use approval as follows:

1. The conditional use will be effective for a term of one (1) year;
2. The conditional use is contingent upon verification from a third (3rd) party fire code review indicating that all required fire codes are met;
3. The conditional use will be effective providing that adequate parking will be available;
4. The conditions place a time limitation of the operation with the exhibition to close by  11:00 P.M.;
5. The conditions allow for the exhibition to occur during all weekends (determined to start Thursday, Friday, Saturday and Sunday) in October with the anticipated starting date around September 15, 2009 and ending around November 2, 2009;
6. The conditional use must adhere to other Township ordinances, State and Federal laws or regulations known to the Township. 

The Solicitor presided over the Hearing. A court stenographer was present.
Some of the Commissioners asked questions. Commissioner Cusick posed questions relating to parking and ensuring that there are no schedule conflicts and food and drinks and capacity.

Motion by Commissioner Cusick that the exhibit would close by 11:00P.M. with the last customer out of the building. Seconded by Commissioner Brown.  Motion passes by 4-0.

A final Written Decision will be drafted by the Solicitor memorializing the outcome of the Hearing.  In the event a denial is rendered, the Applicant has the right to appeal to the Lehigh County Court of Common Pleas within 30 days. Likewise, if an approval is rendered, Objectors have the right to appeal to Court. Also, the Board may impose any reasonable conditions for the Use.

ORDINANCES
None

RESOLUTIONS
Consideration of a Resolution authorizing the sale of the 1986 Mack Fire Truck to Weisenberg Township.

Mr. Soriano brought forth a Resolution to authorize the sale of the 1986 Mack Fire Truck to Weisenberg Township.

Mr Soriano noted that Fire Chief Schneider of the Western Salisbury Fire Department informed the Township that he wanted to sell the 1986 Fire Truck. A review of the title showed that the vehicle was titled to both Western Salisbury Fire Department and the Township of Salisbury. Further research showed that in 1986, the Township borrowed funds ($46,000) for the financing of the Fire Truck. Mr. Soriano commented that he was not able to find any reference in the minutes of its purchase price. However, the Fire Chief informed the Township (in a letter dated 6-4-2009) that they had contributed $15,500 towards its acquisition, which represents 11.48%. They are asking that we return the $15,500 or a portion thereof to purchase new equipment. If we return their total 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. The difference could be used for other Township operational shortages.   Needless to say, we have determined that since the Township is a co-owner of the truck and therefore its disposition should follow the Township Code. The Township Code prescribes that any real or personal property with an appraisal value of $1,500 or more shall be sold except to the highest bidder after due notice. There is, however, a section in the Township Code that allows an exception to this public bidding if the personal property is to be sold to another volunteer fire company, as such is the case. Therefore, the Board of Commissioners may act on this request at the meeting and a Resolution is enclosed to effectuate the sale. The selling price is $25,000.

Commissioner Cusick moved to approve the Resolution to authorize the sale of the 1986 Mack Fire Truck to Weisenberg Township Volunteer Fire Department for $25,000. Motion seconded by Commissioner Martucci. Motion passed by unanimous voice vote.  The Board deferred the distribution of the proceeds of the sale.

Mr. Soriano announced that there were no written requests from any registered voter to be considered for appointment to fill the vacant seat in Ward 5. Therefore, he would withdraw the Resolution.

MOTIONS
Consideration of waiver requests with respect to the detention basin impervious liner requirements per SALDO §10.10.B.2(i) for the Devonshire Park Apartments Land Development Plan previously granted conditional approval on 9/27/07.

Mr. Soriano brought forth a Motion to consider waiver requests with respect to the detention basin impervious liner requirements per SALDO §10.10.B.2(h) and (i) for the Devonshire Park Apartments Land Development Plan previously granted conditional approval on 9/27/07.

Mr. Soriano noted that the Planning Commission reviewed these requests on June 9, 2009 and made recommendations to the Board of Commissioners.

Present were Jay Musselman, surveyor, of Musselman Associates and Ahmit Mukherjee of Base Engineering representing Leroy Skeans of Devonshire Park Apartments.

Mr. Musselman briefly explained the reasons for the waivers are due to DEP requirements.

Mr. Tettemer explained that the Township’s SALDO required a basin liner to limit infiltration and DEP requirements are that infiltration is allowed.  He also explained the change to the type of piping from clay to PVC.

There were several questions posted by the Commissioners including the soils, sinkholes, access to public utilities and stormwater runoff issues.

Motion by Commissioner Cusick to approve the Resolution granting additional Waivers to Sections of SALDO for the Devonshire Park Apartments Land Development Plan as follows:  (1.) SALDO Section 10.10.B.2(h) requiring a minimum basin bottom slope of 2%, to allow the Developer to provide a 0.2% bottom slope for the basin to enable the basin to serve as a combination storm water detention/infiltration facility and (2.) SALDO Section 10.10.B.2(i) impervious basin liner requirement, to allow the Developer to provide for infiltration at a rate meeting Act 167 requirements. Commissioner Brown seconded the motion. Motion passed by unanimous voice vote.

Consideration of a Motion to accept the resignation of Fifth Ward Commissioner Mary Yoder effective June 11, 2009

Mr. Soriano noted that Commissioner Yoder, representing the 5th Ward, announced at the May 14, 2009 Meeting that she would resign from her seat effective June 11, 2009. Mr. Soriano explained that her decision was predicated due to her recent marriage and moving out of Salisbury Township. The Board of Commissioners will need to fill the seat which expires in January 1, 2012, within 30 days from the time the resignation is accepted. This means that by July 11, 2009, the Commissioners will need to appoint by Resolution a registered voter of the Ward in which the vacancy occurs. If the Board fails to do so within the 30 days, the Vacancy Board shall fill the vacancy within 15 days. The Vacancy Board shall be comprised of the Board of Commissioners and one registered elector that usually is appointed by the Board of Commissioners at the Board’s first meeting each calendar year, who will act as Chairman of the Vacancy Board. If the Vacancy Board shall not appoint a registered voter, the Chairman shall petition the Court of Common Pleas to fill the vacancy. When appointed, the registered voter shall hold office (and this is the language that is used in the Township Code) “if the term thereof continues so long, until the first Monday in January after the first municipal election occurring more than sixty (60) days after the vacancy occurs, at which election an eligible person shall be elected for the remainder of the term and shall have been a resident of the Township continuously for at least one (1) year before the appointment”. In this case, he/she would have to be a resident of the 5th Ward and the appointment will be until January 1, 2010. The municipal election in November will have a  2yr seat from the 5th Ward for the registered voters to fill in order to complete Ms. Yoder’s original 4 year appointment.(2012). Also, no person who was convicted of or pled guilty or no contest to a felony shall be eligible for appointment to fill a vacancy for a period of three (3) years from the date of conviction or plea. If the Board wishes to fill the vacancy, we will have ready a blank boilerplate Resolution in which the name of the registered voter can be inserted.

Commissioner Cusick and the other Commissioners expressed well wishes for Ms. Yoder and how well she performed during her tenure.
Commissioner Cusick moved to accept, with regret, the resignation of Commissioner Yoder effective June 11, 2009. Motion seconded by Commissioner Martucci. Motion passed by unanimous voice vote.
Consideration of a Motion to create an additional Rank of Sergeant.

Mr. Soriano introduced a Motion to create an additional Rank of Sergeant and appoint an officer from the Civil Service Promotional List.

Mr. Soriano noted that the Chief of Police has requested that the Board of Commissioners add an additional rank of Sergeant and promote an officer from the Promotional List due to expire July 5, 2009. The need for the third Sergeant, according to the Chief, would be to assist the department in the accreditation process. Based on the request, Mr. Soriano commented that he would support the additional rank provided that this will only be a lateral shifting of an existing officer in filling the vacancy that will be created by the appointment. The Township cannot afford at this time adding another additional officer to supplement the force (in addition to the Safe Street and pending Cops More grants). If this lateral shift is instituted the cost of this request will only be an additional $6,877 to cover the salary differential of a patrolman and Sergeant.

Motion by Commissioner Cusick to create an additional rank of Sergeant in the Police Department and appoint Officer Don Sabo as Sergeant.  Motion seconded by Commissioner Brown. Motion passed by unanimous voice vote

Consideration of a Motion to appoint an officer from the Civil Service Promotional List.

Motion by Commissioner Cusick to appoint Officer Don Sabo as Sergeant.  Motion seconded by Commissioner Martucci. Motion passed by unanimous voice vote

Consideration of a Motion to authorize funding for the hiring of additional staff for the Administrative, Zoning and Finance offices.  (One FT and increase from PT – FT).

Mr. Soriano introduced a Motion for the Board to consider authorizing funding for the hiring of additional staff for the Administrative, Zoning and Finance offices; specifically, one Full Time and an increase from Part Time to Full Time.

Mr. Soriano explained in-depth at a prior work session the need to supplement the current staff in lieu of the additional work load that is required in the Planning and Zoning office (EAC support, Right-to-Know requests, records management, filing, etc…), Finance Office (Tax Collector support, internal control enhancements, shift of Public Works duties), Administration (Public Works shifting of duties from Police Secretary, Recreation Assistance, Park Reservations, Right-to-Know requests). The hiring of one additional secretary and the increase of hours of one PT secretary to FT status would require approximately $80,000 for one year including benefits.  However, for the remainder of the 2009 budget year, assuming a July commencement to implement these staff changes, we are looking at closer to $40,000 for the remainder of the year.  The Budget amendments would reflect changes to these line items and utilize the unrestricted fund balance reserves (if necessary) to balance the budget.

Commissioner Unger explained further to the audience that there is presently a secretary performing both functions of the Police Department and Public Works Department and with the type of information in the Police Department, they should not be overlapping.

Motion by Commissioner Cusick to transfer funds from the unrestricted reserve fund balance in order to staff an additional FT Secretary for the Planning and Zoning Office and other secretarial support and to increase the hours of PT Secretary to FT. Motion seconded by Commissioner Martucci. Motion passed by unanimous voice vote.
Consideration of a street tree removal request for 2713 Lindberg Avenue.

Mr. Soriano introduced a request from the property owner of 2713 Lindberg Avenue for a street tree removal in the right-of-way.

Mr. Soriano noted that the Code Enforcement Officer is NOT recommending the removal of the tree.  Commissioner Unger noted that only the tree that is in the right-of-way and is a street tree should remain. The other one which may have grown on its own can be removed and follow the appropriate tree removal guidelines, unless it is determined part of the right-of way.

Motion by Commissioner Cusick to deny a request to remove the street tree (the larger, planned street tree) and no opinion to the removal of the smaller tree in front of 2713 Lindberg Avenue. Commissioner Martucci seconded the Motion. Motion passed by unanimous voice vote.

PUBLIC COMMENT
Jeffrey Seybolt of 2756 Andrea Drive raised concerns about activities in the area of Green Acres Park including excess speeding and safety for children, lack of signage regarding speed limits, lack of pavilion reservation permits, and disregard to parking at appropriate areas.  He noted that there was a party recently at a pavilion that did not have a permit and he observed that vehicles were blocking the entrance to Western Salisbury Fire Station.  He gave suggestions such as signage requiring permits and posting signs for the speed limit.

Mr. Soriano noted that administratively measures will be taken to post signs where appropriate.  He noted that the police should also be contacted when there is inappropriate activity taking place.

There were a number of comments and complaints from unidentified members of the audience regarding the problems at Green Acres Park.

OTHER BUSINESS
A discussion ensued on notifying the public of the 5th Ward Commissioner vacant seat and making an application available to submit along with a resume.

ADJOURNMENT
As no other business was presented, on Motion by Commissioner Cusick and seconded by Commissioner Martucci the meeting was adjourned.  The Board of Commissioners recessed into a Workshop. The time was 9:30 p.m.