TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
August 14, 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
Carl Best, Director of Planning & Zoning
Allen Stiles, Chief of Police
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
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.

PAYMENT OF THE BILLS
On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to authorize payment of the bills.

MINUTES
July 24, 2008
Commissioner Unger declared the July 24, 2008 Board of Commissioners Meeting Minutes approved as submitted.

ORDINANCES
None.

RESOLUTIONS
None.

MOTIONS
Consideration of a motion to award the bid for the Dauphin Street Water Main Extension project.

Mr. Tettemer explained that a bid was put out for a new water main on Dauphin Street. He noted that there were eight companies that picked up bid packets, of which only six bids were submitted. He noted that the lowest bidder was Sikora Brothers Paving in the amount of $164,440 and recommended awarding the bid to Sikora Brothers.

Commissioner Cusick inquired whether the project would address the icing problems that occur on Dauphin Street in the winter. Mr. Andreas explained that the project does not address surface water; it is only to connect sections of the potable drinking water system.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to award the bid for the Dauphin Street Water Main Extension project to Sikora Brothers Paving in the amount of $164,440.

Consideration of a motion to authorize Payment #4 to Muschlitz Excavating in the amount of $41,253.01 for the South Gilmore Street Storm Sewer Installation and Road Reconstruction Project.

Mr. Tettemer briefly updated the Board on the status of the South Gilmore Street Storm Sewer Installation and Road Reconstruction Project. He noted that the project is primarily complete with a small number of minor items. He noted that everything has been inspected and the project came in at approximately $20,000 under budget. He commented that there would be a 10% retainage in the amount of $35,500.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to authorize Payment #4 to Muschlitz Excavating in the amount of $41,253.01 for the South Gilmore Street Storm Sewer Installation and Road Reconstruction Project.

Consideration of a motion to authorize Change Order #1 for the South Gilmore Street Storm Sewer Installation and Road Reconstruction Project (cost increase in the amount of $7,257.00).

Mr. Tettemer explained that during the reconstruction phase, it was found that there was material unsuitable for good road structure. He explained that subsequently, the material was removed and replaced with stone and fabric to stabilize the subgrade.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to authorize Change Order #1 for the South Gilmore Street Storm Sewer Installation and Road Reconstruction Project (cost increase in the amount of $7,257.00).

ADDITIONAL ITEM - Consideration of a motion to authorize Payment #2 to Fleetwood Industrial Products, Inc. in the amount of $27,276.44 for the Flexer Avenue Water Pump Station project.

Mr. Andreas explained that the project has been ongoing in conjunction with Lehigh Valley Hospital’s improvements. He noted that the pumps and controls are in and have been functioning. He noted that there would be a 10% retainage upon the project’s completion.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to authorize Payment #2 to Fleetwood Industrial Products, Inc. in the amount of $27,276.44 for the Flexer Avenue Water Pump Station project.

ADDITIONAL ITEM - Consideration of a motion to authorize Payment #2 to Wexcon, Inc. in the amount of $24,390.30 for the Sanitary Sewer System Rehab, Contract A project.

Mr. Andreas explained that Wexcon had performed the excavation portion of the rehabilitation project which has been completed. He stated that the payment is for the work to finish the project and there would be a retainage.

Commissioner Unger noted that the Township sets aside monies to maintain its water and sewer infrastructures.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to authorize Payment #2 to Wexcon, Inc. in the amount of $24,390.30 for the Sanitary Sewer System Rehab, Contract A project.

Consideration of a motion to authorize the execution of a Memorandum of Understanding allowing the police department to share criminal justice information and utilize information-sharing computer systems.

Item withdrawn. No discussion on this item.

Consideration of a street tree removal request for 930 Hawthorn Rd.

Mr. Best recommended that the tree be removed without replacement. He noted that the tree appeared to be dead and there are two other street trees.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to approve the street tree removal request for one tree at 930 Hawthorn Road; no replacement required.

Consideration of a street tree removal request for 936 Hawthorn Rd.

Mr. Best explained that there is one dead tree and two additional street trees at 936 Hawthorn Road. He recommended that the tree be removed without replacement.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the street tree removal request for one tree at 936 Hawthorn Road; no replacement required.

Consideration of a street tree removal request for 1067 Hawthorn Rd.

Mr. Best explained that there is a tree infested with insects and the top portion of the tree is dead. There are two additional street trees at the property.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to approve the street tree removal request for one tree at 1067 Hawthorn Road; no replacement required.

Consideration of a street tree removal request for 1781 33rd St., S.W. Mr. Best explained that the tree is split with decay and disease and there are very few leaves on it. He noted that the property has three additional street trees remaining.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the street tree removal request for one tree at 1781 33rd St., S.W.; no replacement required.

Consideration of a street tree removal request for 715 Weil St.

Mr. Best explained that the tree appeared to be healthy and although it is not part of a planned subdivision, the tree was planted in the public right-of-way and near a driveway.

He noted that the resident has concerns that the tree is too close to the driveway and growing into the wires. He recommended trimming back the tree and allowing it to remain.

Commissioner Cusick commented that she does not believe a healthy tree should be removed.

The consensus of the Board was to have Mr. Best speak with the property owners to have them provide proof that the tree needs to be removed and find out their willingness to replace the tree in another location.

PUBLIC COMMENT
Ms. Virginia Wolfe distributed information to the Board on humane methods of reducing the geese problem at Laubach Park.

Commissioner Martucci recalled observing decoys used to deter geese in another municipality.

Mr. Alan Bassham of 1605 Lehigh Parkway North informed the Board that he is currently in litigation with a contractor and requested that the Board look into issues involving his fire-damaged home. He submitted documents for the Board to review.

Ms. Jane Benning of 3111 Douglas Road inquired about the selection of a township manager and establishing an environmental advisory committee.

Commissioner Unger commented that after a township manager is selected, they would look to establish an environmental committee to assist with updating the Comprehensive Plan in the future.

Ed and Nancy Miles of 1965 Little John Lane and Mr. Tom Molseed of 1875 Little John Lane expressed their concerns regarding the development of a property on Martin Luther King Drive. Mrs. Miles cited that a lot of activity is taking place such as sand and inner tubes being brought in and open fires. She inquired about the reason no plan were submitted.

Mr. Best explained that he had spoken with Ms. Darcy who informed him that she is the equitable owner of the property. He noted that there are three parcels of land along Martin Luther King Blvd which are part of the site of the former Lebanon Chemical Company. He noted that Ms. Darcy had indicated that her interest in the property is to have a plant nursery. He noted that plant nurseries are permitted by right as long as it the plants to be sold are grown on the property. He explained that it is his understanding that there is dirt and mulch in order to prepare the site for planting with sales anticipated to occur next year or the following year. He noted that someone from the Lehigh County Conservation District had visited the site and walked the property with Ms. Darcy. He noted that there is a question as to whether the operation has grown into something else or is now a nuisance to the neighbors.

Mr. Best noted that he received information from the City of Allentown regarding claims that the property may still be contaminated or does not have a clean bill of health.

He noted that subsequently, Ms. Darcy provided him proof of a clean bill of health. He suggested having the Township Solicitor review the documents.

Commissioner Unger inquired if the proposed nursery would be considered commercial.

Mr. Best commented that if they are just prepping the site and planting, that should be fine. He stated that if they are going to disturb areas of steep slope or go into wetlands and floodplain areas and build a structure, then there would be cause to go to the Zoning Hearing Board or requirement to submit a site plan.

Mrs. Miles cited concerns with noise from trucks and bulldozers and earthmoving that takes place into the night hours. She noted that there are open fires as well.

The consensus of the Board was to have the Solicitor review the situation and determine whether Township ordinances apply.

Kristen Bryant of 121 Wyndham Drive in Allentown stated that she represents the Lehigh Valley Sierra Club and commented that they are very interested in the environmental protection of South Mountain. She commented that she has experience with environmental advisory committees and such committees are very useful in gathering information for municipalities.

Ms. Afaf Atiyeh Darcy of 2240 Greenwood Road spoke at length addressing the residents concerns with the activity at the property on Martin Luther King Drive. She explained that they want to be good neighbors and are presently cleaning up the property from years of neglect and abandonment. She noted that she has been keeping in contact with both the City of Allentown as well as Salisbury Township to find out what is permitted so that they do not do anything wrong. She commented that the wood that they have been using is for personal use and for a heat source.

Commissioner Unger inquired about the reason a bulldozer is being used.

Ms. Darcy explained that they are moving wood chips around to have it turn into mulch as part of some landscaping and plantings of rose bushes. She explained that they have not done any development to the land. She noted that gates have been installed on the Allentown portion of the tract. She expressed that she is agreeable to preparing a site plan to show what they intend to do to the site. She indicated that she would have it available within one month.

Mr. Thomas Williams of CityLine Construction explained that his company had worked with the City of Allentown on the cleanup of the site. He noted that there are other issues that should be looked into, such as the flood plains which should be referred to the DEP and no earth disturbances are permitted at the site. He noted that there also is an issue with access to the site and getting driveway access approval from PennDOT.

Ms. Darcy acknowledged that she had received a remediation completion report and she had received approvals for accessing the property from the City of Allentown.

Mary Malten of 1525 Church Road inquired about the work taking place on Black River Road near Franko Farm. She stated that she observed bulldozers and trees that had been clear cut along the road of a property recently sold.

After a brief discussion to determine which location Ms. Malten was referring to, Mr. Best noted he would have her observe the plans for a minor subdivision taking place at the corner of Black River Road and Church Road.

OTHER BUSINESS
Commissioner Martucci commented that he has received a number of calls about the development of the Southbury Park Subdivision and inquired who would be inspecting the work.

Commissioner Cusick inquired if the removal of trees at the front of the subdivision is permitted.

Mr. Tettemer explained that the trees had to be removed for clear sight distance at the new intersection. He noted that trees will be planted at other areas that do not interfere with clear sight.

Commissioner Martucci commented that the site development should be overseen regularly.

Mr. Tettemer explained that his office, Lehigh County Conservation District, Mr. Best and Mr. Andreas will be visiting the site.

Commissioner Unger and Mrs. Bonaskiewich noted that there would be an Executive Session on personnel matters and negotiations.

Mr. Best noted that there is a property on Bevin Drive and Lehigh developed by Posh who had submitted a land development plan showing a bank and large office building. He noted that the property is now for sale and is being sold to a group who would like to construct a 50-unit nursing home. He noted that the group would have to go to the Zoning Hearing Board for approval.

Janet Keim of 11 West Pine Street commented that with respect to the proposed 50 unit nursing home, she had done some researched into the impervious coverage limits back when the original Devonshire 12-lot subdivision was approved. She noted that at that time the limit was 80% impervious covering and since then, there have been additions to the Devin House, an addition at Penn Treaty, and the communications towers which would take the impervious covering for the 12 lots over the 80% limit.

Mr. Tettemer noted that there have been no plans submitted at this point for the proposed nursing home. There have only been telephone calls from a developer.

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