TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
OCTOBER 8, 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
Dominic Giles-EXCUSED

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.

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

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 09/19/2009 through 10/02/2009.

MINUTES
September 24, 2009

Commissioner Unger declared the September 24, 2009 Board of Commissioners Meeting Minutes approved as presented.

NEW BUSINESS

ORDINANCES
Consideration of an Ordinance to amend Section 501 of the Building Code Board of Appeals Ordinance

Mr. Soriano introduced Ordinance No. 10-2009-____ that would amend the existing UCC Board of Appeals Ordinance to allow the Board to fill a position on the UCC Board of Appeals with qualified persons who reside outside of the Township when and if a qualified person within the Township cannot be found to satisfy the requirements of the Code. The first attempt by the Board of Commissioners is to appoint qualified residents; however, there may be times when residents are not willing or available to serve. If this requirement is not in the Ordinance, the Board may not be able to react to situations that may require outside appointment of non-residents. Mr. Soriano explained that we are not changing the appointment process by going "outside". Mr. Soriano added that the Township is only planning for situations that may require expeditious action on the part of the BOC in order to meet legal requirements of the UCC.

ORDINANCE NO. 10-2009-

BY THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF SALISBURY, LEHIGH COUNTY, PENNSYLVANIA, TO AMEND SECTION 501 OF ORDINANCE NO. 07-2004-515 CREATING A BUILDING CODE BOARD OF APPEALS PURSUANT TO THE PENNSYLVANIA CONSTRUCTION CODE ACT

WHEREAS, the Salisbury Township Board of Commissioners wishes to conform to the requirements of the Pennsylvania Construction Code Act and regulations to the Act promulgated by the Pennsylvania Department of Labor and Industry (hereinafter sometimes collectively referred to as the "Code"); and

WHEREAS, the Pennsylvania Construction Code requires the enactment of an appropriate ordinance to establish and appoint members to serve on a board of appeals by municipalities electing to administer and enforce the building code provisions of the Code.

NOW, THEREFORE, it is hereby enacted and ordained that section 501 of Ordinance No. 07-2004-515 shall be amended as follows:

§501. General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to application and interpretation of this Code, there shall be, and is hereby created, a Building Code Board of Appeals. The Building Code Board of Appeals shall be appointed by the Board of Commissioners and shall hold meetings at its pleasure. The Board of Appeals shall adopt rules of procedure for conducting its business. The Board of Appeals shall consist of five (5) Salisbury Township residents appointed to five (5) year terms respectively by resolution of the Township Board of Commissioners, except that the initial appointment shall be staggered for one (1), two (2), three (3), four (4), and five (5) year terms respectively, and thereafter each new member or reappointed member shall serve a five (5) year term expiring on January 1st after the fifth year is served. In addition, the Board of Commissioners may appoint by resolution at least one (1), but not more than three (3), residents of the Township to serve as alternate members of the Board. Further, the Board of Commissioners may fill a position on the Board of Appeals with a qualified person who resides outside of the Township when a qualified person within the Township cannot be found who satisfies the requirements of the Code. The term of office of an alternate member shall be three (3) years. The Township shall designate and provide a secretary to the Board of Appeals. The Secretary shall keep minutes and a detailed record of all proceedings held before the Board for the files of the Building Code Official.

DULY ENACTED AND ORDAINED into an Ordinance this 8th day of October, 2009 by the Board of Commissioners of the Township of Salisbury, Lehigh County, Pennsylvania in lawful session duly assembled.

Motion by Commissioner Cusick to adopt Ordinance 10-2009 as presented. Motion seconded by Commissioner Brown. Motion passed by unanimous voice vote.

RESOLUTIONS
None

MOTIONS
Consideration of a Motion to hire a Full-Time Police Officer.

Mr. Soriano brought forth a Motion to hire a Full-Time Police Officer for the Police Department. Mr. Soriano noted that the Chief recommended that the Board hire an additional Police Officer from the newly created Civil Service Eligibility list. The Civil Service Commission has certified two candidates that the Board can choose from. Because the first certified applicant on the list is not a veteran, the Board can choose to hire the second applicant.

Commissioner Brown thanked the Civil Service Commission for their efforts in preparing the eligibility list.

Motion by Commissioner Cusick to offer the job to Harold Bonser II as recommended by the Chief of Police for entry level police officer, subject to favorable physical and mental examinations. Motion seconded by Commissioner Martucci. Motion passed by unanimous voice vote.

Consideration of a motion to accept the low bid from Penn Builders, Inc. 2275 Old Bethlehem Pike, Quakertown, PA 18951 in the amount of $1,194,000 for the General Construction contract for the Police Station Addition and Renovations Project.

Mr. Soriano announced that on September 29, 2009 at 3:00 p.m. the Township received and opened bids for the Police Station Addition and Renovation project. The Chief and Mr. Soriano met with Mr. Salvatore Verrastro, architect for the project, on Monday October 5, 2009 to discuss the results and are ready to make a recommendation for their award.

Mr. Soriano introduced Salvatore Verrastro of Spillman Farmer Architects to review the bids with the Commissioners and to offer recommendations on the awards. Mr. Soriano noted that there are four separate construction contracts to review: General, Plumbing, Electrical and HVAC.

Mr. Verrastro noted that the bids came in right on budget and commented that he is very pleased with the results. In addition to the base bid, there were eleven Alternates, six of which he recommended the Board consider. Mr. Verrastro stated that he had no reservations with any of the low bidders, and that he had spoken to all of them who are excited and willing to get started. He also noted that he has had no personal experience with DeWalt Plumbing, but after speaking with them found out that in the past, they had worked with some of the other plumbers who had bid on this project and went out on their own a couple of years ago. Mr. Verrastro stated that he asked them to submit a Contractor's Qualification Form to the Board as well as references, but has not received them yet. Mr. Verrastro advised that before a contract is signed, the Board should look at those documents very carefully.

Mr. Verrastro recommended that Board accept Alternates 2, 3, and 4, which would replace the two roofs on the police department and one on the magistrate's office. He also recommended that the Board accept Alternates 9 and 10, floor system upgrades, as well as Alternate 11, which adds a pamphlet rack and display case in the police station. The total for all three Alternates is $56,500, which includes $51,800 for the three roofs.

Commissioner Unger questioned whether any Alternates would change the low bidder. Mr. Verrastro replied that if the Board chose Alternate 2 and no others, it would change the low bidder to CC, Inc.

Commissioner Martucci asked if they are still on track to start by the end of the year. Mr. Verrastro replied that weather and temperatures permitting, the General Contractor would like to get started right away. He advised that the contracts would need to be signed immediately in order to start as soon as possible.

Commissioner Unger asked if the Chief would be ready to go that quickly. The Chief stated that they can clear out the building as soon as a firm date is given. Mr. Verrastro also noted that two storage pods are included in the contract.

Motion by Commissioner Brown to award the General Construction Bid to Penn Builders, Inc. 2275 Old Bethlehem Pike, Quakertown, PA 18951 in the amount of $1,194,000, which include Alternates 2,3,4,9,10, and 11, for the General Construction contract for the Police Station Addition and Renovations Project. Motion seconded by Commissioner Cusick. Motion passed by unanimous vote.

Consideration of a motion to accept the low bid from DeWalt Plumbing, 5474 Acorn Dr., Emmaus, PA 18049 in the amount of $83,000 for the Plumbing contract for the Police Station Addition and Renovations Project.

Motion by Commissioner Cusick to award the Plumbing Bid to DeWalt Plumbing, 5474 Acorn Dr., Emmaus, PA 18049 in the amount of $83,000 for the Plumbing contract for the Police Station Addition and Renovations Project. Motion seconded by Commissioner Brown. Motion passed by unanimous vote.

Consideration of a motion to accept the low bid from Orlando Diefenderfer Electrical Contractors, Inc., 116 S. Second Street, Allentown, PA 18102 in the amount of $273,000 for the Electrical contract for the Police Station Addition and Renovations Project.

Motion by Commissioner Brown to award the Electrical Bid to Orlando Diefenderfer Electrical Contractors, Inc., 116 S. Second Street, Allentown, PA 18102 in the amount of $273,000 for the Electrical contract for the Police Station Addition and Renovations Project. Motion seconded by Commissioner Cusick. Motion passed by unanimous vote.

Consideration of a motion to accept the low bid from Dual Temp Co., Inc., 2050 S. 12th St., Allentown, PA 18103 in the amount of $252,325 for the HVAC contract for the Police Station Addition and Renovations Project.

Motion by Commissioner Cusick to award the HVAC Bid to Dual Temp Co., Inc., 2050 S. 12th St., Allentown, PA 18103 in the amount of $252,325 for the HVAC contract for the Police Station Addition and Renovations Project. Motion seconded by Commissioner Martucci. Motion passed by unanimous vote.

Commissioner Cusick inquired if the bids came in where Mr. Verrastro expected them. Mr. Verrastro stated that these bids were actually lower than he expected. He noted that he originally thought the Township should budget around $2,000,000 for the project because of the added floor and the generator, so he was very pleased at the numbers received.

Commissioner Cusick also questioned whether any stimulus dollars are available that the Township may be eligible for since the project is starting by the end of the year. Mr. Verrastro responded that he is not aware of any, but he would look into it.

Commissioner Brown inquired about the estimated completion date. Mr. Verrastro responded that it is the end of October 2010, assuming that the project gets started right away. When the contractors were asked at a pre-bid meeting how long they thought the renovation would take, no one had any problem with eleven or twelve months. He noted that some of the contractors had even indicated that it could take only seven or eight months for the significant renovations to be completed.

Commissioner Cusick asked how the Township would be paying for the project. Mr. Soriano noted that the Township is ready to proceed with the financing of the project by utilizing the services of Concord Public Finance to evaluate the various financing options and recommend the most advantageous option to borrow for the payment of the $1,800,000 towards the project. Concord was selected by the Finance Director after several discussions with surrounding municipalities that have utilized their services. Concord will charge the Township a fee of $12,000 to prepare all of the necessary documents and negotiate the best prices whether it would be a Note or a Bond issue. The fees for their services will be offset by the cost savings derived from achieving better quotes than you would normally receive from Banks outright.

Consideration of a request by Salisbury High School to close South Dauphin Street between East Emmaus and East Wayne Avenue for one hour on October 29, 2009.

Mr. Soriano noted that if the school uses the street right-of-way to facilitate their bonfire event, the Township should request that the School District sign a Hold Harmless Agreement to protect the Township's interest. Attorney Ashley noted that this is a prudent request and he would work with the Township Manager to draft the Agreement.

Motion by Commissioner Cusick to approve a request by Salisbury High School to close South Dauphin Street between East Emmaus and East Wayne Avenue for one hour on October 29, 2009 to facilitate a Bonfire event, contingent on the School signing a Hold Harmless Agreement. Seconded by Commissioner Brown. Motion passed by unanimous voice vote.

Consideration of a Motion to authorize the execution of a Memo of Understanding with Co-eXprise, contingent upon the Solicitor's review, to explore cost containment options for purchasing of electricity.

Mr. Soriano explained that he attended a meeting in Allentown to discuss the Regional Electricity Purchasing Initiative spearheaded by Mayor Ed Pawlowski. Mr. Soriano noted that at the meeting, Co-eXprise provided a power point presentation regarding the program. Mr. Soriano stated that it was his understanding that the municipalities would have until October 9, 2009 to decide whether to at least commit to a "free" analysis of whether they would fair well in joining the program. Mr. Soriano noted that after the analysis, the Consultant will determine if the Township is a viable candidate and would be accepted for this cost containment program. Mr. Soriano noted that the Township would then have until October 27, 2009 to commit by signing an Agreement with Co-eXprise to utilize their services. Mr. Soriano noted that Co-eXprise would first conduct an assessment of whether, based on our electricity demands, the Township would be eligible.

Mr. Soriano asked that the Board authorize him to sign the Memorandum of Understanding (MOU) to initiate this analysis.

Motion by Commissioner Cusick to authorize the Township Manager to sign a MOU with Co-eXprise contingent upon the Solicitor's review, to explore cost containment options for purchasing of electricity. Seconded by Commissioner Martucci. Motion passed by unanimous voice vote.

PUBLIC COMMENT
Mr. Henry Schraden of 2244 S. Dauphin Street informed the Board of an event that involved himself and his wife. Mr. Schraden stated that he and his wife were awakened by the Salisbury Township Police Department because of a 911 call that was apparently placed from their house. Mr. Schraden noted that neither he nor his wife placed the call, but thanked the Police Department for their response and investigation into what happened. Mr. Schraden presented a donation to the Chief of Police praising the department's job.

OTHER BUSINESS
Mr. Soriano updated the Board on the progress of drafting an ATV Ordinance. He stated that he will meet with the Director of Planning & Zoning in the coming weeks to finalize the matter.

Chief Stiles thanked the Board and the Manager for all the support for the Police Department building renovations. The Chief also provided the Board the QRS report for the amount of calls that they have responded. A discussion ensued in checking with the Insurance Company whether there is liability coverage concerning this venture, and Mr. Soriano asked the Chief to follow up with the Insurance Company.

Chief Stiles presented the Board with a mock check in the amount of $84,828.75 that will be distributed by the County of Lehigh pursuant to the Safe Street Initiative Grant.

ADJOURNMENT
As no other business was presented, on Motion by Commissioner Cusick 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.