TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
NOVEMBER 12, 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- Excused-Arrived at 7:45 p.m.
James Brown, Vice-President
Robert Martucci, Jr.
Norma Cusick
Dominic Giles

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 Brown, Vice President, 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 to 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.

Mr. Soriano announced that the Board of Commissioner prior to the start of the meeting held an Executive Session in order to discuss a personnel matter.

APPROVAL OF  BILLS PAYABLE
On motion by Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the Bills Payable for the period 10/18/2009 through 11/06/2009.

MINUTES
October 22,  2009
Commissioner Brown declared the October 22, 2009 Board of Commissioners Meeting Minutes approved as presented.
 
OLD BUSINESS
None
NEW BUSINESS

ORDINANCES
None

RESOLUTIONS
Consideration of a Resolution to adopt the Act 537 Update of the City of Bethlehem.

 Mr. Soriano stated that the Resolution formally adopts the revisions to the City of Bethlehem Act 537 Plan Update, of which Salisbury is a contributory municipality. The City will require this from all of the signatories in order to submit their Final Draft for approval to DEP. The Township is not asking for any additional allocation which is currently estimated at 0.225 (Millions Gallons per Day) MGD.  Mr. Soriano noted that the Township will be obligated to share in the financial upgrades of the City’s plant based on the ratio of the avg. daily flow calculated at 1.13% or $1,034.074.

RESOLUTION NO. 11-2009-1332
BY THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF SALISBURY, LEHIGH COUNTY, PENNSYLVANIA, TO ADOPT AND SUBMIT A FACILITY PLAN TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR ITS APPROVAL AS A REVISION TO THE “OFFICIAL PLAN” OF THE TOWNSHIP

WHEREAS, Section 5 of the Act of January 24, 1966, P.L. 1535, No. 537, known as the “Pennsylvania Sewage Facilities Act,” as amended, and the Rules and Regulations of the Department of Environmental Protection (Department) adopted thereunder, Chapter 71 of the Title 25 of the Pennsylvania Code, requires the municipality to adopt an Official Sewage Facilities Plan providing for sewage services adequate to prevent contamination of waters and/or environmental health hazards with sewage wastes, and to revise said plan whenever it is necessary to meet the sewage disposal needs of the municipality; and

WHEREAS, Malcolm Pirnie, Inc. has prepared a Final Draft Act 537 Plan which provides for sewage facilities in a portion of Salisbury Township and the alternatives of choice to be implemented are Wet Stream Alternative No. 5 – Plug Flow with Anoxic Selector Zones and Solids Train Alternative No. 4.  The key implementation activities include a new aeration basin, improvements to WAS and primary sludge thickening, digesters and dewatering, and upgrade of deficient sanitary sewers.  Implementation dates are shown in Figure 10-1 of the plan and are based on trigger values for flow, solids loadings, and service life.

WHEREAS, Salisbury Township finds that the Facility Plan described above conforms to applicable zoning, subdivision, other municipal ordinances and plans and to a comprehensive program of pollution control and water quality management.

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Township of Salisbury, Lehigh County, Pennsylvania, and it is hereby resolved by the same to adopt and submit the Department of Environmental Protection for its approval as a revision to the “Official Plan” of the municipality, the above-referenced Facility Plan.  The municipality hereby assures the Department of the complete and timely implementation of said plan as required by law.  (Section 5, Pennsylvania Sewage Facilities Act, as amended).

Commissioner Brown commented that this Resolution has been discussed at length in the last work session.
Commissioner Cusick moved to adopt Resolution No. 11-2009-1332. The Motion was seconded by Commissioner Martucci. Resolution No. 11-2009-1332 was adopted 4-0.  Commissioner Unger was not present for the vote.
 
MOTIONS
Consideration of a Motion to grant or deny a Waiver for payment of Recreation Fees for the Devonshire Park  Apartments pursuant to SALDO Section 10.14.
Mr. Jay Musselman was present on behalf of the owner, Leroy Kean, to address the development at Devonshire Park Apartments, 1601 33rd Street SW.  Mr. Musselman made a presentation to the Board concerning the history of the Devonshire Park Apartments.  He reviewed the applicable SALDO sections dealing with open space dedication and an earlier agreement with the City of Allentown that required the owner to set aside approximately eight acres for open space. Mr. Musselman argued that the owner had already complied with the requirement of the SALDO by setting aside the open space in lieu of the recreation fees. 

Mr. Musselman stated that Mr. Kean does not wish to entertain the dedication of land. He explained that Mr. Kean has maintained ownership of the land and pool at the rental development since the Conditional Approval from the City of Allentown in 1965.  Mr. Musselman noted that Mr. Kean’s intent is to construct an age-restricted garden apartment building consisting of 37 units.  The apartments will be restricted to individuals 55 years of age and older and/or physically handicapped.

Mr. Musselman cited SALDO Section 10.17.F.2 relating to a rental development maintaining ownership of common open spaces.  In the case of a rental development, the Township may permit the common open space to be retained by the owner of the rental development.  Mr. Musselman explained that it is Mr. Kean’s intent to keep the land that way.  He feels that they do meet ordinance requirements and would like relief in regards to the open space. 

Ms. Cynthia Sopka, Director of Planning and Zoning, stated that she has been in contact with the City of Allentown and was advised of their concerns regarding the placement of the stormwater detention basin within the designated open space in Salisbury Township.  Ms. Sopka also stated that the Salisbury Township Planning Commission denied the request for the Waiver based on the fact that the owner is going to be using the same land that was set aside in a prior Allentown development, and their obligation for open space associated with a high density residential development.  She noted that throughout the process of the planning of this project, Keystone Consulting Engineer’s correspondence consistently addressed the recreation fee requirement.  Final approval from the BOC granted conditional approval by Resolution 09-2007-1257 which stated that the site plan would be approved conditioned upon complying with Keystone Consulting Engineers’ letter dated September 7, 2007, that states the recreation fees will be required for the development. 

Commissioner Unger inquired if Devonshire Park Apartments is looking for total relief from the recreation fees in lieu of the open space. Mr. Musselman responded that they are seeking total relief of the recreation fees, but Mr. Kean would be grateful for partial relief. 
Attorney Ashley suggested that one option would be for Mr. Kean to present the Board with a definitive plan of what improvements he was going to make to the land and how much he thought it was worth.  At that time, the Board has the option to agree on that amount and then waive or partially waive the recreation fees.  He noted that it is difficult to make a decision at this time because the Board does not have anything to base its decision on.

Commissioner Cusick commented that she would like to see the developer pay the recreation fees and then have the Township decide where to spend those dollars.  She noted that she is not comfortable with the developer and the City of Allentown having an agreement in 1965 to donating land and then coming back and donating the same land.  Commissioner Cusick also stated that the land is also privately owned, not donated recreational land to the Township. 

Mr. Musselman commented that the Ordinance does allow for that to happen.  He noted, from the Ordinance, that “in the case of a rental development, the Township may permit the common open space be retained by the owner of the rental development.” 

Commissioner Martucci commented that this is all speculative at this point and the Board has to vote on what is in front of them.

Commissioner Brown stated that he would not have any objection to Mr. Kean making improvements to the land, or even to Devonshire Park, having the value of that work assessed, and then the remainder of the recreation fee coming to the Township, as long as it totals up to what was originally owed. 

Motion by Commissioner Cusick to Deny the Waiver for payment of Recreation Fees for the Devonshire Park Apartments pursuant to SALDO Section 10.14.  Commissioner Martucci seconded the motion.  Motion was approved 4-0-1.  Commissioner Giles abstained from the vote.

Consideration of a Motion to sign a Letter Agreement for reimbursement of South Whitehall Township Authority engineering and legal expenses associated with the review of the Patricia Drive Pumping Station Elimination Project.

Mr. Soriano noted that the Agreement is brought forth with the recommendation from the Township Solicitor that the Board sign the letter agreement originally requested by the SWTA.  He noted that the Township has received from the SWTA ballpark estimates that can serve as a guide for the 2010 Budget. For your information, the Township has been receiving bills from the SWTA regarding legal and engineering costs associated with the elimination of the pumping station on Patricia Drive and the Board has approved those to date. This will simply formalize their request. Mr. Soriano noted that the expected Engineering costs will be around $5,000 (but it may be more) and Attorney Kratz’s hourly rate is $238/hr.

Attorney Ashley briefly commented that he feels comfortable with having secured at least “ballpark” figures for budgeting purpose.
Commissioner Brown noted that this issue has been thought out and discussed at several meetings.

Motion by Commissioner Cusick to sign a Letter Agreement for reimbursement of South Whitehall Township Authority engineering and legal expenses associated with the review of the Patricia Drive Pumping Station Elimination Project.  Commissioner Brown seconded the motion. Motion was approved unanimously.

Consideration of a Motion to approve Payment No. 1 in the amount of $53,122.50 to Edwards Electric & Telecom, Inc. for the Eastern Salisbury Fire Station Generator Installation.

Mr. Soriano noted that the job at the Fire Station is complete and the generator is up and running. The Board will need to approve Payment No. 1 which includes 10% retainage of the final cost. The total cost of the project will be approximately $63,525, which includes $59,025 for the Generator and $4,500 for the drawings and specifications. The budget was $88,000.

Commissioner Martucci inquired about Change Order No. 1 of $5,200 for the project. Mr. Soriano noted that the Change was due to having to find a different location for installation of the Generator since the plan did not account for underground utilities.
 
Commissioner Brown asked a member of the fire department in the audience whether the Generator was functional. The response was positive.

Motion by Commissioner Cusick to approve Payment No. 1 in the amount of $53,122.50 to Edwards Electric & Telecom, Inc. for the Eastern Salisbury Fire Station Generator Installation.  Commissioner Giles seconded the motion.  Motion was approved unanimously.

Consideration of a Motion to award the bid in the amount of $142,011.96 to Schlouch Inc., P.O. Box 69, Blandon, PA 19510 for Lindberg Tennis Court Reconstruction Project.

Mr. Soriano noted that the Bid tabulation results have been submitted by the Engineer.  Mr. John Andreas, Director of Public Works, commented that the project is a total reconstruction of the tennis courts.  Mr. Andreas confirmed that there is money in the budget for the project this year as well as next.  He noted that the demolition will take place this fall but the colorization will not take place until the spring when the weather is more appropriate. 

Commissioner Unger asked how the bids came in compared to what was budgeted.  Mr. Andreas stated that the budget was originally $120,000, but there was a rise in the cost of asphalt and he also noted that the project is a prevailing wage job. 

Motion by Commissioner Cusick to award the bid in the amount of $142,011.96 to Schlouch Inc., P.O. Box 69, Blandon, PA 19510 for Lindberg Tennis Court Reconstruction Project. Commissioner Brown seconded the motion. Motion was approved unanimously.

Consideration of a Motion to accept the request for a time extension of the review period of the Crossroads Baptist Church Land Development Plan.

Mr. Soriano noted that the time limitations to approve or deny this plan will soon expire, so the developer is formally asking for an extension to the time for the Board to make a final decision.  The plan was submitted on 8/14/09, and with the 90 day expiration period, the plan would expire on 12/7/09. Ms. Sopka stated that the Planning Commission recommended granting the time extension.

Motion by Commissioner Cusick to accept the request by the developer for a time extension of the review period of the Crossroads Baptist Church Land Development Plan. Commissioner Martucci seconded the motion. Motion was approved unanimously.

Consideration of a Motion to replace 9 street trees in front of 2008 Barrington Lane.
Mr. Soriano noted that Mr. Nicolo is recommending only two trees to be cut down. Ms. Sopka commented that the species of street trees there presently, the Bradford Pear, is very weak and very sensitive to winds.  The homeowners provided three different potential species that they propose to replant them with that are more durable.   Ms. Sopka stated that she agreed with their request. 

Commissioner Unger commented that if the property owner wants to replace the trees with something more suitable, he would have no problem with that.     

Motion by Commissioner Cusick to replace 9 street trees in front of 2008 Barrington Lane. Commissioner Brown seconded the motion. Motion was approved unanimously.

Consideration of a Motion to schedule the next Board of Commissioners Meeting on Monday, November 23, 2009 due to the Thanksgiving Holiday.

Commissioner Brown noted that he will not be able to attend the meeting on that date.

Motion by Commissioner Cusick to schedule the next Board of Commissioners Meeting on Monday, November 23, 2009 due to the Thanksgiving Holiday. Commissioner Martucci seconded the motion. Motion was approved unanimously.

Consideration of a Motion to appoint Samantha Dorney to the Environmental Advisory Council.

Commissioner Brown noted that another resume has been received and he would like to table the appointment.

Motion by Commissioner Brown to Table the appointment to the Environmental Advisory Council.  Commissioner Cusick seconded the motion. Motion was approved unanimously.

PROCLAMATION
Mr. Soriano brought forth a Proclamation to honor the Western Salisbury Fire Department 50th Anniversary.
Mr. Soriano stated that it would be appropriate to wish the WSFD a Happy 50th by the BOC approving a formal Proclamation to be presented at their Banquet. In addition to the Proclamation, the Board will present the Department with a plaque.

PROCLAMATION

WHEREAS, the Western Salisbury Fire Department received its Charter on February 27, 1959; and

WHEREAS, the Western Salisbury Fire Department, consisting completely of volunteers, has tirelessly served the community for 50 years; and

WHEREAS, during its existence, the members of the Western Salisbury Fire Department have made personal sacrifices to participate in training and educational activities, organizational activities, and risk their own lives and safety to aid their fellow citizens in the event of local emergency or fire suppression activities; and

WHEREAS, it is important that all citizens know and understand the duties, responsibilities and importance of their fire department; and

WHEREAS, the Township acknowledges the many years of service and mourns the recent passing of longtime member and former Fire Chief Jack Kelly.

NOW, THEREFORE, the Board of Commissioners of the Township of Salisbury, Lehigh County, Pennsylvania HEREBY PROCLAIMS THAT THE CITIZENS OF THE TOWNSHIP OF SALISBURY JOIN TOGETHER DURING THE YEAR 2009 IN COMMEMORATING THE 50TH ANNIVERSARY OF THE WESTERN SALISBURY FIRE DEPARTMENT and recognize the fire officers, past and present, for the efforts and that a duly authenticated Proclamation be awarded for prominent display in the Western Salisbury Fire Station to remind the membership of the Department of the esteem and appreciation felt by all Salisbury citizens for the efforts and sacrifices made by the members of the Department on behalf of the Township and its citizens.

PUBLIC COMMENT
Messrs. Louis Cinquino and Bruce Burchard, members of the Environmental Advisory Committee, addressed the Commissioners on the status of the Committee and their future plans.

Mr. Cinquino stated that the Committee has decided to focus on four areas, which are the natural resource inventory, land use management and preservation, education and outreach, and new technologies and transportation.  Mr. Cinquino stated that the natural resource inventory is the first area of focus and will provide an overview of all the environmental conditions that are present in the Township.  He noted that Salisbury Township has a very critical role in the Lehigh Valley because a lot of the natural resources in the Valley are present in the Township.

Mr. Cinquino introduced Rebecca Kennedy from the Lehigh County Conservation District.  He noted that Ms. Kennedy’s help will provide a great value to the Township at a modest expense. 

Ms. Kennedy stated that between a third and a quarter of the phone calls she receives about concerns regarding threatened natural resources are within Salisbury Township.  Ms. Kennedy explained that a natural resource inventory looks at springs, seeps, unmapped tributaries, wetlands, critical habitat areas, and endangered species in regards to both plants and animals.  Ms. Kennedy proposed doing a full natural resource inventory for the township and would only charge for the cost of LCCD’s time.  Ms. Kennedy noted that one reason they are able to do the inventory so inexpensively is because they have partners in the state and local government who are passionate about protecting the resources and will donate their time.  She noted that they will be partnering with a DEP biologist as well as DCNR who will work on the wildlife habitat and vegetation aspects.  She indicated that when private consultants do natural resource inventories, the cost usually ranges between $20,000 and $60,000.  Since Salisbury Township is a huge concern for the County, Ms. Kennedy will be able to do the inventory for a nominal fee.

Mr. Burchard stated that this inventory will help in the comprehensive plan down the road.  He also indicated that the EAC is looking for direction from the Commissioners as well as suggestions. 

Commissioner Martucci questioned whether the EAC will be addressing the Board periodically at future meetings.  Mr. Burchard stated that they would like to update the Board every so often and that is why they are asking for direction.  Mr. Cinquino suggested that the EAC could pursue these priorities and keep the Board up to date on what they find to be important by reporting such findings on a quarterly basis or as a need arises.

Mr. Soriano noted that Commissioner Brown is a liaison between the Board and the EAC.  Commissioner Brown stated that he does keep the Board advised of what is happening at the meetings.

Mr. Soriano noted that the response from the Board is positive and asked the EAC to bring forth a budget so they can put money aside for next year.

OTHER BUSINESS
None

ADJOURNMENT
As no other business was presented, on Motion by Commissioner Martucci and seconded by Commissioner Cusick the meeting was adjourned.  The Commissioners later on reconvened for the Workshop session. The time was 9:15 p.m.