TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
June 25, 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-EXCUSED
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 Allen Stiles, Chief of Police Sergeant Kevin Soberick, Acting Police Chief 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 8:00 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 FINANCIAL REPORT AND BILLS PAYABLE
On motion of Commissioner Martucci, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to approve the Financial Report for the period ending May 31, 2009 and Bills Payable for the period 06/09/2009 through 06/24/2009.

MINUTES
June 11, 2009
Commissioner Unger declared the June 11, 2009 Board of Commissioners Meeting Minutes approved as presented.

NEW BUSINESS

SWEARING IN -Officer Donald Sabo as Sergeant of the Salisbury Township Police Department.
Mr. Soriano noted that at their June 11, 2009 meeting, the Board promoted Officer Donald Sabo to the rank of Sergeant. Sergeant Sabo is present tonight with Chief Stiles to be sworn in as Sergeant. President Unger presided over the swearing in ceremony and administered the oath of office to Sergeant Sabo. Chief Stiles introduced Sergeant Sabo to the audience and praised him for his work.

ORDINANCES
None

RESOLUTIONS
Consideration of a Resolution to approve the St. Thomas More Church and School Land Development Plan-1040 Flexer Avenue.

Present were Lee Shankweiler, architect; Terry DeGroot, Engineering; and Bob Daday, Chairman of Church Building Committee, who proceeded to discuss the proposed addition contemplated to the School and a minor addition to the Church. The timeline of the review is contained in the Memo from the Director of Planning and Zoning, Cynthia Sopka, dated June 19, 2009. The Zoning Hearing Board granted a dimensional variance concerning an encroachment of 9’ into the required 50’ setback area. The Planning Commission also recommended approval of the Land Development with various Waivers: SALDO §3.2.A.3 (separate preliminary and final approval required); SALDO 5.3.D.3(e)(Sanitary and sewer system delineation within 100 ft of property required) and SALDO 5.3.F.2(h) (Contour information within 500ft of site required). Attached is the Resolution for your consideration.

Mr. DeGroot advised the plans were submitted to South Whitehall Township for their review and the plans were approved.

Mr. Tettemer advised plans were resubmitted prior to this meeting and he did review plans and they substantially meet all of his comments. Mr. Tettemer did make clarification regarding the storm sewer line that runs behind the building. To access the back of the building a temporary stone driveway was put in which is close to the storm sewer line. Therefore, a note was put on the plans indicating they will T.V. the line and inspect the line after they are done to make sure no damage occurred. If damage did occur they are responsible for repair and/or replacement of the line at their cost. Mr. DeGroot stated they were fine with this.

Ms. Sopka advised they received all necessary variances.

“RESOLUTION NO. 06–2009­
BY THE BOARD OF COMMISSIONERS, OF THE TOWNSHIP OF SALISBURY,
LEHIGH COUNTY, PENNSYLVANIA, APPROVING THE PRELIMINARY/FINAL LAND
DEVELOPMENT PLAN OF ST. THOMAS MORE CHURCH

WHEREAS, St. Thomas More Church has submitted a Land Development Plan for building additions to their elementary school for review and approval by the Board of Commissioners of the Township of Salisbury; and

WHEREAS, on June 9, 2009, the Planning Commission voted to recommend conditional approval of the Preliminary/Final Land Development Plan; and

WHEREAS, on June 25, 2009, the Board of Commissioners made a Motion to approve the Preliminary/Final Land Development Plan of St. Thomas More Church for building additions, subject to the following conditions:

1. The Developer shall comply with the comments and recommendations of the Township Engineer as described in his June 3, 2009 letter.

2. The Developer shall comply with the comments and recommendations of the Director of Planning of Zoning set forth in her Memorandum dated May 11, 2009.

3. The Developer shall comply with any and all federal, state, and local permits and/or approvals applicable to the Site.

4. A Subdivision Improvement, Maintenance, Security and Indemnification Agreement, in a form deemed acceptable to the Township, shall be executed and security, in a form and amount deemed acceptable to the Township, shall be posted by the Developer for the proposed land development plans.

5. The Developer agrees to grant the Township unlimited access to inspect the site after construction. Owner will give its consent to and authorize the Township Board of Commissioners, Township Planning Commission, the Township Engineer, the Authority Engineer, the Township Solicitors, the Township Zoning and Planning Officer and other Township personnel, agents, representatives, officials and officers to conduct or perform an on-site inspection of the land development and their related facilities at any time, upon providing reasonable notice to the owner.

6. Waivers with regard to SALDO Section 3.2.A.3 requiring separate Preliminary and Final Plans; Section 5.3.D.3(e) requiring Sanitary sewer systems and waterlines within 100 feet of the site to be shown; and Section 5.3.F.2(h) requiring Contours on adjacent land within 500 feet of the site, provided Applicant provides sufficient contour data to confirm the new basin tributary area, are hereby granted and a Note of same should be included
on the Plans.

NOW, THEREFORE, BE IT RESOLVED that the St. Thomas More Church Preliminary/Final Land Development Plan for building additions is hereby approved subject to the above-noted conditions.

The conditions of approval have been made known to the Developer and final approval is deemed expressly contingent upon the Developer’s affirmative written acceptance of these conditions of approval on a form prescribed by Salisbury Township within twenty (20) days of the date hereof.

In the event that the statutory review period for this Site Plan, as set forth in the Pennsylvania Municipalities Planning Code and the Township Subdivision and Land Development Regulations should expire prior to the end of the twenty (20) day response period, the Developer’s written acceptance of the conditions of approval shall be tendered prior to the expiration of the statutory review period, even if such period expires less than twenty (20) days from the date of this Resolution. The response period shall be deemed to expire on July 15, 2009.

APPROVED AND ADOPTED this 25th day of June, 2009 at a regular public meeting in the Township of Salisbury, Lehigh County, Pennsylvania.”

Commissioner Brown moved to approve the resolution approving the St. Thomas More Church and School Land Development Plan. Motion seconded by Commissioner Martucci. Motion passed by unanimous voice vote.

Consideration of a Resolution authorizing the execution of the PennDOT Traffic Signal Maintenance Agreement for the location of Cedar Crest Boulevard, Hospital Drive and Juniper Drive.

Mr. Soriano noted that the new signal upgrades supported by this Agreement are being funded by Penn DOT through a special federal grant that is meant to address increased traffic flow along the entire length of Cedar Crest Blvd. These funds are being used by Penn Dot to purchase a new computerized control system linking several intersections. Penn DOT regulations require the municipality to pay for traffic signal maintenance.

Chief Stiles elaborated this has come after a series of studies with the Cedar Crest Blvd. Study Group, Penn DOT, and other municipalities that have RT. 29 and Cedar Crest Blvd. in their jurisdiction.

All have met to discuss occurring problems, possible problems that may occur in the future, and how to help traffic to flow with increasing traffic safety. Consultants were brought in, which Penn DOT paid for. Penn DOT got a federal grant to finance everything. This now allows the upgrade all of our signals in this area. Lehigh Valley Hospital and Cedar Crest Blvd. are also included in this grant. All signals will be connected by a GPS and computerized system. Chief stated that our suggestion was to put in a four (4) hour battery back up system for all our signals, which they agree to. Therefore, in the event of a power outage we will not loose power, which means the Police Officers do not have to direct traffic and temporary signs will not have to be put out by the Public Works Dept.

“RESOLUTION NO. 06-2009-1325
BY THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF SALISBURY, LEHIGH COUNTY, PENNSYLVANIA, TO AUTHORIZE THE EXECUTION OF A TRAFFIC SIGNAL MAINTENANCE AGREEMENT.

NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Township of Salisbury, Lehigh County, Pennsylvania, and it is hereby resolved by authority of the same, that the President of said Township be authorized and directed to sign the attached Agreement on its behalf and that the Secretary be authorized to attest the same.

APPROVED AND ADOPTED this 25th day of June, 2009 at a regular public meeting.”

Commissioner Martucci moved to approve the Resolution. Motion seconded by Commissioner Brown. Motion passed by unanimous voice vote.

MOTIONS
Consideration of a Motion to grant a Waiver for the 100-foot well isolation distance relative to the on-lot sewage requirements for a property located at 244 Mountain Park Road.

Mr. Soriano noted that this property is served by on-lot-sewage that has malfunctioned. Soil and percolation tests have been completed and a new system design has been submitted. However, the regulations call for a 100 foot well isolation distance between the disposal system absorption area and the existing well. This requirement cannot be met due to insufficient lot area available; therefore the owners request a waiver. The Township Sewage Enforcement Officer, John Burkhardt, is recommending approval of the request for this Waiver.

Mr. Burkhardt went over the proposed request. He advised the requirements and regulations for on-lot septic systems and well isolation. He also advised prior to current zoning regulations, smaller lots were created in the area which do now provide sufficient room to put in a new system. He explained that the best technical guidance is to try to put in a new system on the lot to eliminate an existing health hazard and a malfunction system. The sand mound is a superior system to what is there. There is an isolation distance of 68 feet and they are looking for a waiver to not have to drill a new well or do a geohydro study for the well.

Commissioner Unger posed several questions concerning the lot size. Mr. Burkhardt advised that it is less than an acre. He provided the site plan for review. The absorption area requirement for a tank is 50 feet, and the sand mound is the absorption area and this is what is required to be 100 feet from the well. This is the aggregate, not the sand or the berms.

Commissioner Martucci inquired if there are any close bordering wells. Mr. Burkhardt stated that there are no issues with any of the neighboring wells since they are over 100 feet away.

Commissioner Unger asked questions about the soils and septic system. Mr. Burkhardt advised that the soils testing dictate whether it will be an in-ground or elevated septic tank.

Attorney Ashley stated that it would be important to have the property owner sign a Waiver of Liability showing that they requested this Waiver for the 100-foot well isolation distance relative to the on-lot sewage requirements. Therefore, if the property should be sold in the future, the future owner cannot question the Township for not following requirements. Mr. Burkhardt suggested a condition for the waiver upon approval and acceptance of the Hold Harmless.

Motion by Commissioner Brown to approve the Waivers for the 100-foot well isolation distance relative to the on-lot sewage requirements conditioned on the signing of a Hold Harmless Agreement. Commissioner Martucci seconded the motion. Motion passed by unanimous voice vote.

Consideration of a Motion to remove Mr. Michael Sechrist from the Recreation Advisory Committee.

Mr. Soriano noted that Mr. Sechrist was originally appointed to serve on this Committee but either for personal and business reasons he has not attended a Recreation Advisory Committee meeting for at least two years. A letter was sent to Mr. Sechrist of this pending action and no response was received.

Commissioner Unger noted that Mr. Sechrist served with distinction for several years but in the past few years personal and business commitments kept him from attending the meetings. Commissioner Brown also praised Mr. Sechrist for his years of service and contribution to the community.

Commissioner Martucci moved to remove Mr. Sechrist from the Recreation Advisory Committee and thank him for his years of service. Motion seconded by Commissioner Brown. Motion passed by unanimous voice vote.

Consideration of a Motion to make an appointment to the Recreation Advisory Committee.

Mr. Soriano noted that the Board of Commissioners can proceed to appoint an interested resident of the 4th Ward to serve as a replacement for Mr. Sechrist. His name is Mark Wilson of 1135 Bellair Drive. Mr. Soriano noted that an application was sent to Mr. Wilson for his completion. Commissioner Brown has also received a letter from Mr. Wilson and will have more background information on Mr. Wilson.

Mr. Wilson thanked the Board of Commissioners for considering him for the appointment and noted that he has listed his personal activities on the application. Commissioner Unger noted that Mr. Wilson has been involved in both the SYA and Hamilton Park and coached in both organizations.

Motion by Commissioner Brown to appoint Mr. Mark Wilson to the Recreation Advisory Board. Motion seconded by Commissioner Martucci. Motion passed by unanimous voice vote.

Consideration of a Motion to authorize Escrow Release #7 for the Southbury Park development.

Mr. Soriano noted that the Escrow Release deals mostly with utility trenching, street construction and basin fencing. Mr. Tettemer, the Township Engineer, is expected to approve these releases by the meeting and the Board of Commissioners should have a report from both the Engineer and the Director of Planning.

Mr. Tettemer noted that he has inspected the improvements and finds no objections to the release of escrow. Commissioner Unger asked questions concerning how the storm water improvements performed during recent storms and whether the ground had been stabilized. Mr. Tettemer advised that both detention basins still have mud and water in them, but on the sides it is flowing nicely, and the site is stabilized and the roads, curbs, and storm sewer are in.

Mr. Tettemer noted that the Township will retain 15% of the total security for 18 months to assure that the storm water improvements and other improvements are working properly.

Ms. Sopka noted that she has been to the site on a number of occasions. She explained that the inspector from DEP was on a leave of absence and will follow-up when he returns.

Motion by Commissioner Martucci to approve the Release of Escrow #7 in the amount of $16,625.00 for the Southbury Park Development. Commissioner Brown seconded the Motion. Motion passed by unanimous voice vote.

Consideration of a Motion to authorize Escrow Release #8 for the Southbury Park development.

Mr. Tettemer noted that the Escrow Release deals mostly with paving and the installation of fencing around one of the detention basins. Mr. Tettemer noted that he had no objections to releasing the escrow.

Commissioner Martucci asked for Ms. Sopka’s observations and recommendations.

Ms. Sopka noted that she did not evaluate the road work but has seen the developer’s crew working and have seen the fences.

Motion by Commissioner Brown to approve the Release of Escrow # 8 in the amount of $156,228.68 for the Southbury Park Development. Commissioner Martucci seconded the Motion. Motion passed by unanimous voice vote.

PUBLIC COMMENT
None

OTHER BUSINESS
Commissioner Martucci commended the Public Works department for addressing the baseball field conditions at Devonshire Park prior to an upcoming tournament.

Commissioner Brown asked Chief Stiles for an update of the Police Station Renovations. Chief Stiles advised they have been meeting regularly with the Architect and Consultants regarding security issues. A list has been compiled and the Architect is doing a cost breakdown. Mr. Soriano and the Chief will be meeting with the architects next week. Hopefully by then, additional information can be provided along with getting bid specs together.

Chief Stiles spoke briefly on several issues that were brought up at the last meeting dealing with Green Acres Park. He stated there were a few parking issues which were addressed. The police are conducting traffic checkpoints and warnings have been given out. They have been out there with the speed sign on Flexer Avenue and will be out there regularly. Chief advised the Board that if there are any concerns or issues, residents should call immediately and not wait for a few weeks, as the area is growing and there will be more traffic. He likes to address concerns or situations immediately.

Mr. Andreas noted that a chain was installed around Franko Park to discourage vehicles from entering the park after it is closed. Mr. Andreas also announced that signs were installed at Green Acres Park regarding use of the pavilion.

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