TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
March 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
James Brown, Vice-President
Robert Martucci, Jr.
Norma Cusick
Mary Yoder

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 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.

APPROVAL OF BILLS PAYABLE
On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the Bills Payable for the period 2/23/2009 through 03/06/2009.

MINUTES
February 26, 2009
Commissioner Unger declared the February 26, 2009 Board of Commissioners Meeting Minutes approved as presented.

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Consideration of a Motion to increase the contribution for Sportsmen Club to $200 for stocking Laubach Park for trout season.

Mr. Soriano from agenda brought forth a Motion to increase the contribution for the Sportsmen Club to $200 for stocking the Laubach Park Pond. Mr. Soriano noted that the Commissioners reviewed this request at the last work session. A discussion ensued on the condition of Laubach Park to maintain a viable eco-system for the trout.

Motion by Commissioner Cusick to increase the contribution to $200 for the Sportsmen Club for stocking the Laubach Park Pond. Motion seconded by Commissioner Brown. Motion passed by unanimous voice vote.

Consideration of a Motion to renew the Website Service Agreement with Kessler Freedman Inc. for $2,055 commencing March 15, 2009 through March 15, 2010.

Mr. Soriano brought up the Website Annual Maintenance Agreement. Mr. Soriano noted that with the current Agreement, the Township is charged $2,055 annually for the maintenance of the website. This includes $600 for the server lease and domain registration and unlimited use to make updates. Design redevelopment is not included. Mr. Soriano noted that the Township could also make the updates, but will need a new software program costing ($200) and training which will slow down the ability to continue the maintenance. Another option is to utilize KFI on a monthly basis ($150) to update the website, even if we make one update in that month. The break-even point is 8-9 months if the Township goes on a monthly system and anticipate being trained to do in-house updates.

Mr. Soriano noted that he has looked at the usage of the website and believed the website pages need to be spruced up. Our current Agreement is underutilized and he is working with KFI to add more information. If we choose to renew the Agreement, he will monitor that it is used to its full potential. Mr. Soriano recommended that since he cannot be sure on how fast the staff will be comfortable to do updates in-house, it is better to renew the present arrangement and still pursue in-house training as a target for next year.

Ms. Cusick commented that she would like to see more interactive capabilities on the website such as bill payments and the ability to apply online for jobs and other positions.

Ms. Jane Benning noted that it would have been very helpful to be able to apply for the EAC appointment by submitting a form online. Mr. Soriano noted that although there is not a direct form available to directly submit to the Township, the ability was provided for the EAC appointments to be sent by email since the application could have been downloaded, saved as a pdf file, completed by the applicant and emailed back to the Township along with their resume. Mr. Soriano noted that two applications for the EAC appointment were received by email.

Motion by Commissioner Cusick to renew the Website Agreement with Kessler Freedman Inc. at a cost of $2,055. Motion seconded by Commissioner Martucci. Motion passed by unanimous voice vote.

Consideration of a Motion to enter into an Addendum to the Land Development Improvements, Security, Indemnification and Maintenance Agreement for the Salisbury High School Land Development Plan. The Addendum revises the terms of the Agreement to require the School district to pay for all invoices within thirty days as opposed to posting security.

Mr. Soriano brought forth a Motion to enter into an Addendum to the Land Development Improvements, Security, Indemnification and Maintenance Agreement for the Salisbury High School Land Development Plan. The Addendum revises the terms of the Agreement to require the School District to pay for all invoices within thirty days as opposed to posting security.

Attorney Ashley noted that the School District has proposed an Amendment to the Land Development Agreement. Attorney Ashley noted that Paragraph 8 (a), (b) and (c) are deleted. Substituted in their place is the following:

“The Developer (School District) agrees to pay within thirty (30) days of invoice all charges for which it is obligated under this agreement. Payments late after ten (10) days will be subject to interest at 12% per annum. Should collection efforts be necessary the Developer will be responsible for payment of the cost of collection including reasonable attorney fees.”

Attorney Ashley commented that unlike any other private developer, the School District will not go anywhere and has the ability to pledge their taxing authority to fulfill any obligations. Attorney Ashley noted that the School District will incur an additional cost for this requirement and would be passed on to the same taxpayers. A discussion ensued on whether the Board of Commissioners would have the authority to waive this requirement and whether a precedent would be set. Attorney Ashley concluded that the MPC allows the Board to decide on the type of security and it would not set a precedent since each case would be scrutinized on its own. Mr. Tettemer noted that he would not recommend that the Board waive the requirements for the Maintenance Agreement since this will serve to protect for the public improvements after they are constructed.

Mr. Bruce Burchard of 2025 Church Road believed that the Board is setting a precedent by allowing this waiver. Ms. Cindy Feinberg, School District Board Director, noted that this will save the School District money in having to pay for the cost of the security.

Motion by Commissioner Cusick and seconded by Commissioner Martucci to approve the amendment as proposed by the School District with the requirement that a 15% Maintenance security be provided. Motion passed by unanimous voice vote.

PUBLIC COMMENT
Bruce Burchard of 2025 Church Road posed several questions concerning drainage issues at the Southbury Park development, which were addressed by the Township Engineer.

Commissioner Martucci inquired about how much time the owner of the Kline Street property will have to bring the house up to code or demolish it. Ms. Sopka would discuss this matter with Mr. Nicolo, the Code Enforcement Officer.

Commissioner Martucci noted that he has received an inquiry from the property owner of 841 Summit Street regarding costs associated with extension of a water line, and street opening and restoration. Mr. Andreas responded once the line is in and is made available and accessible; it is a shared cost up front, rather than after the fact. Commissioner Martucci confirmed that the resident would be responsible for payment of his waterline, as well as the opening and closing of the street, and any permit involved.

OTHER BUSINESS
Mr. Andreas advised the Commissioners that the PW Department is starting their spring cleanup duties. In addition, the Barnsdale Storm Sewer project is moving towards the 3rd stage that will cross 24th Street most likely in April.

Mr. Andreas reported that the Filbert Street water and paving project will be out to bid shortly and other projects like the Patricia Drive Pumping Station is being planned.

Chief Stiles reported that the Annual Report was submitted to the Board of Commissioners and is also available online.

Chief Stiles reported that Police Department is beginning the use of Grant Funds to do traffic enforcement starting in April along with DUI patrols.

Chief Stiles also advised that in February, the Annual Training for the Municipal Training Commission was completed. Additionally, tactical training is now being done in combination with Allentown and Bethlehem Police Departments.

With respect to a speed zone on Church Road, Chief Stiles noted that Officer Brian Losagio, Traffic Safety Coordinator, confirmed and agreed that there were no current posted signs in the length of the area which is 1.10 miles along Church Road. To post signs for a 35 mile zone, it is estimated that 4 to 5 signs would be needed to cover the area in both directions.

Commissioner Cusick expressed her concern regarding the rise in traffic arrests, which went from 859 last year to 2,205. Chief Stiles advised in regards to this matter, a letter was sent to Mr. Cunningham at Lehigh County and we are waiting for a response.

Chief Stiles noted that the Police Department has been performing a lot of traffic enforcement and making arrests which subsequently the accident rate has come down.

Chief Stiles offered with respect to the Stimulus Package, some of the monies will be available to Law Enforcement including the new COPS Grant which will pay 100% of an Officer’s salary and benefits for 3 years instead of the match for past officers hired under the Federal Grants program. However, Salisbury Township will have to pick up the salary and benefits for that Officer for the rest of his career. He requested that the Board of Commissioners take this into consideration as he is preparing to write the Grant.

ADJOURNMENT
As no other business was presented, the meeting was adjourned. The Board of Commissioners recessed into a Workshop. The time was 8:45 p.m.