TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
SEPTEMBER 10, 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
James Brown, Vice-President
Robert Martucci, Jr.
Norma Cusick-Excused
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 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
On motion of Commissioner Martucci, seconded by Commissioner Giles, the Board of Commissioners voted unanimously to approve the Bills Payable for the period 08/22/2009 through 09/04/2009.

MINUTES

August 27, 2009
Commissioner Brown declared the August 27, 2009 Board of Commissioners Meeting Minutes approved as presented.

NEW BUSINESS

ORDINANCES
None

RESOLUTIONS
Consideration of Resolution 09-2009-1331 Appointment of Tax Collection Committee Delegates pursuant to Act 32 of 2008.

Mr. Soriano noted that pursuant to Act 32 of 2008, the Township will need to appoint delegates to the Tax Collection Committee that will be created by the County in order to work on implementing the requirements of the Act that will lead to an appointment of a county-wide tax-collector. Mr. Soriano noted that the Resolution is for the appointment of both the Township Manager and Assistant Township Manager/Director of Finance. The Board may also appoint a second alternate. Mr. Soriano noted that the current Tax Collector has expressed a desire to be the alternate delegate. Mr. Soriano read the Resolution as follows:

“RESOLUTION NO. 09-2009-1331
BY THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF SALISBURY, LEHIGH COUNTY, PENNSYLVANIA, APPOINTING DELEGATES TO THE TAX COLLECTION COMMITTEE PURSUANT TO ACT 32 OF 2008.
WHEREAS, Act 32 §505(b) requires the governing bodies of school districts, townships, boroughs, and cities that impose an earned income tax to appoint one voting delegate and one or more alternate delegates to be their Tax Collection Committee (TCC) representatives. The purpose of this Resolution is to appoint the required delegates. The appointed individuals have consented to appointment.
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 that the following individuals are appointed as TCC delegates for the Township of Salisbury:

Primary voting delegate: Randy Soriano
First alternate voting delegate: Cathy Bonaskiewich
Second alternate voting delegate:
If the primary voting delegate cannot be present for a TCC meeting, the first alternate voting delegate shall be the representative at the TCC meeting. If both the primary voting delegate and the first alternate voting delegate cannot be present for a TCC meeting, the second alternate voting delegate shall be the representative at the TCC meeting.
These appointments are effective immediately and shall continue until successors are appointed. Delegates shall be appointed each year in November or December or as soon thereafter as possible. All delegates shall serve at the pleasure of this governing body and may be removed at any time.”

Mr. Soriano explained the need to further review whether a second voting delegate is a requirement or not. Mr. Soriano noted that at this time, this matter will be kept open pending further review on who could assume this role if indeed required.

Commissioner Martucci moved to adopt the Resolution as read. Commissioner Giles seconded the motion. Resolution 09-2009-1331 was approved by unanimous voice vote.

MOTIONS
Consideration of a Motion to renew the Employment Agreement and Lease Agreement with Mr. Charles Durner.
Mr. Soriano noted that the Board should formally renew the current Employment Agreement and Lease with the current caretaker Mr. Charles Durner. Mr. Soriano noted that the Board will need to clarify certain issues in the Lease in the event Mr. Durner is unable to fulfill his obligations under the Employment Agreement. Mr. Soriano noted that the Lease Agreement should contain language that would address the relationship of his wife and certain conditions should something happen to Mr. Durner. Mr. Soriano noted that currently the Lease Agreement is between Mr. Durner as the Tenant and the Township. The Lease presently only sets specific terms on the arrangement for the Tenant; however, it is silent on what would happen if he should die prior to his wife. Mr. Soriano noted that Mr. Durner’s wife currently resides with him. Attorney Ashley noted that he could revise the Lease to include language that would address certain situations. Mr. Soriano reviewed the Employment Agreement and noted that the only change to be made is to add the sick leave granted to Mr. Durner by the Board by a Letter Agreement to the list of benefits. Mr. Soriano noted that this action by the Board bestowed an initial 45 sick days per year.

EMPLOYMENT AGREEMENT
THIS AGREEMENT is made as of the 10th day of September, 2009, by and between the TOWNSHIP OF SALISBURY, a Pennsylvania municipal corporation and First Class Township with its municipal offices located at 2900 South Pike Avenue, Salisbury Township, Lehigh County, Pennsylvania (hereinafter "Township");
AND CHARLES J. DURNER, JR., an adult individual residing at 1301 Black River Road, Bethlehem, Lehigh County, Pennsylvania (hereinafter "Durner").

WHEREAS, Township desires to employ Durner, on a part-time basis, as a Township Park Grounds Caretaker, Assistant Meter Reader, and Animal Control Officer; and

WHEREAS, Durner desires to be employed by the Township, on a part-time basis, as a Township Park Grounds Caretaker, Assistant Meter Reader, and Animal Control Officer.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and intending to be legally bound, the parties agree as follows:

1. Employment. Township hereby employs Durner, and Durner hereby accepts part-time employment with the Township, as Township Park Grounds Caretaker, Assistant Meter Reader, and Animal Control Officer. Durner shall perform such duties as may, from time to time, be designated by the Township Manager, including, but not limited to, the duties and responsibilities set forth in Paragraph 7 herein, and on the position description attached hereto as Exhibit "A" and incorporated herein by reference.

2. Compensation. In consideration for the services rendered by Durner, Durner shall be compensated at a rate of Eleven and 00/100 ($11.00) Dollars per hour. Durner shall work a minimum of twenty (20) hours per week for fifty (50) weeks during the year.

3. Franko Farm Residence Option. Durner shall have the option of residing in the Frank Farm house during the term of the Agreement, or any extensions or renewals thereof, by providing prior written notification to the Township Manager of his intention to exercise this option. Should Durner exercise this residence option, Durner's total compensation as set forth in Paragraph 2 herein shall be changed and adjusted as follows:
a. In consideration for the services rendered by Durner, Durner shall be compensated at the rate of Ten and 00/100 ($10.00) Dollars per hour and Durner shall work a minimum of fifteen (15) hours per week for fifty (50) weeks during the year. The exact days each week to be worked by Durner shall be determined at least one (1) week in advance by the Township Manager based upon the seasonal work load.
b. The Township will at all times have the right to determine the amount of space in the Franko Farm house that will be made available as a residence for Durner. If the residence option is exercised by Durner, Durner shall be required to enter into a written Lease Agreement with the Township in a form deemed satisfactory to the Township
c. Durner shall be on-call at all times for any activities at the Franko Farm site unless other prior arrangements deemed satisfactory to the Township shall have been made with the Township Manager.

4. Withholding of Taxes. The amounts to be paid to Durner under Paragraphs 2 and 3 herein are gross amounts and shall be subject to all applicable withholding taxes.

5. Other Benefits. Subject to the terms of this Agreement, Township will provide Durner with such health insurance benefits as are provided generally for non-union, non-uniformed Township employees in accordance with standard Township policy, as may be in effect from time to time. Durner shall be included under the Township Workers' Compensation insurance policy. Two (2) weeks paid vacation at 26 hours per week of paid vacation time for the two weeks shall be provided. An initial forty-five (45) days of sick leave time is provided, and future granting of sick leave will be in accordance with the existing policy governing permanent full-time administrative employees. It is further understood that the base of compensation to figure out sick leave pay shall be based on the four (4) hours per day multiplied by Durner's hourly rate in effect at the time. No other benefits shall be provided by the Township to Durner.

6. Term.
a. In General. The terms of this Employment Agreement shall be for a period of one (1) year commencing on October 31, 2009 and ending on October 31, 2010, and may be renewed with the consent of both parties for one (1) year periods subject to the terms of this Agreement for any such renewal period(s). Renewals shall be subject to mutually acceptable modifications and shall be entered into at least fifteen (15) days before the expiration date of the initial term of this Agreement, or any one year renewal thereof.
b. Early Termination by Township. Township shall have the right to terminate this Agreement and remove Durner at any time, upon thirty (30) calendar days written notice to Durner, for just cause, or for failure by Durner to perform his required duties or to perform under the terms of this Agreement.
c. Early Termination by Durner. Durner may voluntarily resign his position at any time upon thirty (30) calendar days written notice to Township. Upon giving such resignation, Durner shall provide the Township with any assistance it may reasonably require in making certain that any and all records maintained by Durner in the performance of his duties under the terms of this Agreement are in order so as to facilitate the hiring of a replacement.

7. Duties and Responsibilities.
a. In General. As Township park Grounds Caretaker and Assistant Meter Reader, Durner shall be responsible for:
i. Assisting with the reading and data recordation of utility meters during the quarterly utility billing period,
ii. Supervising and inspecting Township Park grounds, including, but not limited to, opening and closing gates and buildings on the Park grounds, maintaining picnic areas and restrooms in a clean, neat orderly condition on weekends, etc.,
iii. Operating the Township's Drop-off and Recycling Centers,
iv. Performing any and all custodial functions associated with the maintenance of the Township's "Franko Farm" site,
v. Monitoring activities that take place at the Township's "Franko Farm" site, including the opening and closing of building and gates as required,
vi. Performing such other duties and functions as are periodically assigned to Durner by the Township Manager.
b. Records and Reports. Durner shall keep time records of his daily work hours and activities. Durner shall also file a monthly activity report with the Township Manager summarizing his activities during the preceding month and shall file a daily incident report with the Township Manager if any property damage or irregular occurrences at the Township's park grounds or drop-off centers is observed by Durner. Durner's records and reports shall be available for inspection by the Township Manager during business hours upon request. For the purpose of preparing such reports and records, Durner shall have reasonable access to clerical assistance from the Township secretarial staff as designated by the Township Manager.

8. Miscellaneous Provisions.
a. Effective Date. This Agreement shall become effective as of the date of its execution.
b. Severability. If any provision of this Agreement, or any portion thereof, is held to be unconstitutional, invalid, or unenforceable by any court of competent jurisdiction, the remainder of this Agreement shall not be affected and shall remain in full force and effect.
c. Waivers. No term or provision of this Agreement shall be deemed to have been waived by either party unless such waiver is in writing and signed by the party making the waiver.
d. Integration. This Agreement contains the entire agreement between the parties relating to Township's employment of Durner. There are no collateral understandings or agreements between the parties relating to said subject matter, and this Agreement shall supersede any and all prior agreements and understandings between the parties relating to said subject matter.
e. Modification. This Agreement may be amended only by a writing duly executed by both parties.
f. Governing Law. This Agreement shall be governed by and construed under the laws of the Commonwealth of Pennsylvania.
g. Section Headings. The section and subsection headings contained in this Agreement are included for the purpose of convenience only and shall in no way affect the meaning, construction, or interpretation of any provision of this Agreement.

Several members of the Board commented that Mr. Durner wears many hats and is a valuable employee.

Commissioner Martucci moved to adopt the Employment Agreement as revised and read. Commissioner Giles seconded the motion. The Motion was approved by unanimous voice vote.

The Board decided to Table action on the Lease pending additional language revisions by the Solicitor.

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

Mr. Soriano noted that Attorney Ashley has communicated with SWTA’s Attorney Kratz concerning the insertion of an estimate cost amount in the agreement that would be utilized for budgetary purpose in 2010 to cover Engineering and Legal expenses associated with the project. Mr. Soriano noted that this project would eliminate the current sewer pumping station at Patricia Drive and Lincoln Avenue, which presently pumps sewer up to Cedar Crest Boulevard for treatment to the Allentown plant. Mr. Soriano noted that the idea is to divert the sewage flow, approximately 54,780(GPD) and 136,950 GPD(peak flow), by the construction of a 1,300 linear feet -8” gravity main from Salisbury Township to a connection point in the South Whitehall Township sewer system. The South Whitehall Township Authority is requesting that Salisbury Township pay for all costs incurred by the Authority’s legal and engineering reviews. Mr. Soriano also noted that the Township will need to obtain approval from DEP. The total cost of the project was estimated at $304,272.75.

Attorney Ashley noted that he has communicated with the SWTA’s Attorney about changes the Board would like to the language before the Agreement is executed but had not received the information.

Commissioner Martucci made a motion to Table the Letter Agreement with South Whitehall Township Authority for reimbursement of legal and engineering costs associated with the Patricia Drive Pumping Station Elimination Project pending receipt of cost estimates. Motion seconded by Commissioner Giles. Motion passed by unanimous voice vote.

Consideration of a Motion to authorize Payment #4 in the amount of $21,376.31 to Imperial Excavating & Paving, LLC for the Barnsdale Road Storm Sewer Replacement Project.

Commissioner Martucci asked the Township Engineer for an update on the Barnsdale Road Storm Sewer Replacement project. Mr. Tettemer advised the Board that the storm sewer itself is all constructed and the only thing that needs to be done on the site is permanent road repair in the areas of the trenches. They are working with the contractor to finish this up.

Commissioner Giles asked about the condition of 24th Street and whether it would be repaved. Mr. Tettemer noted that it did not come out as smooth as it was supposed to, and said that it is a PennDOT road and PennDOT will have to fix it.

Commissioner Brown inquired about that the remaining balance of $58,384.19 and what that would be used for. Mr. Andreas stated that it is for permanent trench restoration, as well as some mobilization and miscellaneous items. Commissioner Brown inquired if Mr. Andreas had been out to inspect the project to make sure that it is working the way it was intended. Mr. Andreas responded that although he had not seen it in a heavy storm event, he had not heard any complaints from any residents. The system appears to be working properly and is not flooding out the way it used to.

Commissioner Martucci made a motion to approve Payment #4 in the amount of $21,376.31 to Imperial Excavating & Paving, LLC for the Barnsdale Road Storm Sewer Replacement Project. Motion seconded by Commissioner Giles. Motion passed by unanimous voice vote.

[Commissioner Unger arrived at approximately 7:53 p.m. to join in the proceedings.]

PUBLIC COMMENT
Mr. Henry Schraden of 2244 S. Dauphin Street addressed the Board about several issues. Mr. Schraden commented that there should be No Parking signs placed on Dauphin Street because he believes the road is too narrow and unsafe for drivers as well as children playing and skateboarding in the street. Chief Stiles responded that the street is wide enough to allow parking, so long as they do not park near the intersections. He advised Mr. Schraden to notify the police if he sees any skateboarding on Dauphin Street because it is not allowed in Salisbury Township. Mr. Schraden also expressed concern regarding the speed limit on Dauphin Street, to which the Chief advised that he would include Dauphin Street on his list of areas to perform a speed check.

Mr. Schraden expressed his concerns regarding having to pay for grass pick-up when he does not use this service. Mr. Soriano noted that there is a misunderstanding that the Township would be passing the grass collection fee on to the residents, but the Board had decided not to pass that increase. What actually happened was a general increase of doing business with the contractor for picking up the garbage. Mr. Soriano stated that if the Board had decided to pass along the increase, it would have been an additional $13.00/quarter. Mr. Schraden had questions on what can be put out for recycling. He stated that a driver from Waste Management refused to take certain things that he had put out to be picked up. Mr. Soriano advised him to call the Township immediately when something is not picked up and also that a list will be mailed out to him listing what can and cannot be put out for recycling.

Mr. Schraden inquired about the Ambulance Corps, to which Commissioner Brown replied that they would be discussing the matter in the Workshop meeting.

OTHER BUSINESS
Chief Stiles reported that the QRS/EMS Mobile unit had responded to 54 calls between July 1, 2009 and September 10, 2009.

Ms. Sopka announced that a Lehigh Valley Housing Summit will be taking place on September 24, 2009 in Allentown and encouraged the Board’s attendance. Ms. Sopka noted that they will be dealing with the status of housing in Lehigh County as well as affordable housing issues. Ms. Sopka also advised the Board that there was a Planning Commission Meeting on September 8, 2009, in which they reviewed the site plans for the addition to the Crossroads Baptist Church at 1860 E. Emmaus Ave, as well as sketch plans for the Lehigh County Corrections Facility. Commissioner Unger noted that the information presented to the Board by the County was that they were looking to upgrade/remodel the Corrections Facility structure, not increase its capacity. Ms. Sopka replied that this might change and Commissioner Unger requested to be updated on the progress of this matter.

Mr. Soriano announced that the Board met prior to the start of the regular meeting in Executive Session in order to discuss a personnel and legal matter.

ADJOURNMENT
As no other business was presented, on Motion by Commissioner Brown and seconded by Commissioner Martucci the meeting was adjourned. The Commissioner later on reconvened for the monthly Workshop. The time was 8:25 p.m.