TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
November 13, 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:
Randy Soriano, Township Manager
Cathy Bonaskiewich, Assistant Township Manager, Finance Director
John Andreas, Director of Public Works
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
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.

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
October 23, 2008
Commissioner Unger declared the October 23, 2008 Board of Commissioners Meeting Minutes approved as presented.

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Consideration of a motion to authorize the execution of an Agreement Addendum to the Berkheimer EIT Contract.

Mr. Soriano introduced a Motion to authorize the execution of an Agreement Addendum to the Berkheimer Earned Income Tax Collection Contract. Mr. Soriano noted that although the Addendum contains identical language found in the EIT contract, Berkheimer is also requesting that the Township amend the original Agreement signed in 1993. Attorney Ashley briefly reviewed the Addendum and found it in proper legal form.

Commissioner Cusick moved to authorize the execution of the Agreement Addendum to the Berkheimer EIT Contract. Seconded by Commissioner Martucci. Motion passed by unanimous voice vote.

Consideration of a motion to authorize the execution of a Partial Release of Easements and Agreement with respect to the KidsPeace property at 1650 Broadway.

Mr. Soriano brought forth a Motion to authorize the execution of a Partial Release of Easements and Agreement with respect to the KidsPeace property located at 1650 Broadway. Attorney Ashley noted that this was necessary for the expansion of the roadway owned by PA DOT.

Commissioner Cusick moved to authorize the execution of a Partial Release of Easements and Agreement with respect to the KidsPeace property located at 1650 Broadway. Seconded by Commissioner Brown. Motion passed by unanimous voice vote.

Consideration of a motion to award the Barnsdale Storm Sewer Replacement Project Bid D in the total amount $295,854.50 to Imperial Excavating & Paving, LLC.

Mr. Soriano brought forth the Motion to award the Barnsdale Storm Sewer Replacement Project.

Mr. Tettemer explained that the Township received eight (8) bids with Imperial Excavating & Paving, LLC submitting the lowest responsible bid in the amount of $295,854.50. Mr. Tettemer noted that he reviewed the bid with Mr. Andreas and they both recommend that the Commissioners accept the bid.

Commissioner Brown asked about the company. Mr. Tettemer noted that Imperial has completed projects in the past for the Township in a satisfactory manner. Mr. Soriano noted that Imperial is also performing storm sewer work in Fountain Hill and that the company is reputable. Mr. Andreas explained in some detail of what the project entails.

Commissioner Cusick moved to award the Bid for the Barnsdale Storm Sewer Replacement Project to Imperial Excavating & Paving, LLC in the amount of $295,854.50.

Seconded by Commissioner Martucci. Motion passed by unanimous voice vote.

Consideration of a street tree removal request for 2610 College Lane.

Mr. Soriano brought forth a Motion to approve the removal of a street tree located at 2610 College Lane. Mr. Soriano noted that Mr. Nicolo, the Township Code Enforcement Officer, inspected the tree and found it to be unhealthy and a candidate for removal.

Commissioner Cusick moved to authorize the removal of a street tree located at 2610 College Lane. Seconded by Commissioner Brown. Motion passed by unanimous voice vote.

Consideration of a street tree removal request for 3040 Fairfield Dr. Mr. Soriano brought forth a Motion to approve the removal of a street tree located at 3040 Fairfield Dr. Mr. Soriano noted that Mr. Nicolo inspected the tree and found the tree had been damaged by a recent storm and a candidate for removal.

Commissioner Cusick moved to authorize the removal of a street tree located at 3040 Fairfield Dr. Seconded by Commissioner Martucci. Motion passed by unanimous voice vote.

Consideration of motion to approve Escrow Release No. 2 in the amount of $116,561.63 for the Southbury Park development.

Mr. Soriano brought forth a motion to approve the Escrow Release No. 2 in the amount of $116,561.63 for the Southbury Park development. Mr. Tettemer noted that an inspection was made to verify the items were completed and he has no objections to releasing the amount requested.

Commissioner Brown moved to approve the Escrow Release No. 2 in the amount of $116,561.63 for the Southbury Park development. Seconded by Commissioner Yoder. Motion passed by unanimous voice vote.

Consideration of a motion to authorize the execution of a Stipulation of Counsel relating to the Lehigh Valley Hospital Assessment Appeal (East Parking Deck, West Parking Deck, Kasych Tower).

Mr. Soriano brought forth a Motion to authorize the execution of a Stipulation of Counsel relating to the Lehigh Valley Hospital Assessment Appeal for the East Parking Deck, West Parking Deck and Kasych Tower. Attorney Ashley explained the process that the County of Lehigh and the other taxing authorities utilize in determining the amount of the Hospital campus that would be taxable versus exempt. Mr. Soriano noted that the County of Lehigh has utilized the same attorney over the years and he feels confident that he has represented the interest of the taxing authorities in a fair manner. Mr. Soriano noted that the taxable portion of the assessment would bring in approximately $1,729 to Salisbury.

Commissioner Cusick made a motion to authorize the Township Solicitor to execute the Stipulation of Counsel relating to the Lehigh Valley Hospital Assessment Appeal for the East Parking Deck, West Parking Deck and Kasych Tower. Motion was seconded by Commissioner Martucci. Motion passed by unanimous voice vote.

PUBLIC COMMENT
Jane Benning of 3111 Douglas Road inquired about the Environmental Advisory Committee that the Township would establish.

Mr. Soriano noted that the new Director of Planning & Zoning has been apprised of establishing the committee.

Bruce Burchard of 2025 Church Road asked Mr. Tettemer numerous questions about the Southbury Park development relating to demolition, escrow releases, citations and violations during the construction, engineering plan revisions and the possibility of a cease and desist order. Mr. Burchard informed the Township about a property with apartments on Church Road that had an issue with on-lot septic issues in the past. He expressed his concerns that the property does not have adequate land for the on-lot septic.

Ms. Benning commented that she had researched septic records and found information that there are numerous systems failing throughout the Township.

Kathy McCarthy of 2025 Church Road commented that the Southbury Park infractions are not minor and asked for information on who is inspecting the site. Mr. Tettemer explained that the contractor is given the opportunity to correct the infractions in order to come into compliance. He explained the inspection process.

Mark Wirth of Lower Saucon Township was present to express several concerns with stormwater runoff impacting the stream behind his home on Black River Road which is filled with silt and its depth is reduced. He noted that there have been a number of sinkholes and cracks that could impact the I-78 overpass. He commented that the increased development taking place on the mountain directs water to his property and Black River.

Mr. Tettemer suggested that Mr. Wirth contact Lehigh County Conservation District about his concerns.

OTHER BUSINESS
Commissioner Martucci informed Chief Stiles of a resident on Acker Street raising concerns regarding parking. Chief Stiles explained that the vehicles are parked legally and noted that prohibiting parking on the street would not help resolve the issues.

Commissioner Martucci also noted that there was a concern about an abandoned vehicle.

Chief Stiles noted that there is a process for removing an abandoned vehicle which could take up to 30 days.

Chief Stiles informed the Board about the Lehigh County Safe Streets Grant Program and another grant for software upgrades. He noted that the Safe Streets grant is a one time grant to hire a police officer.

A brief discussion ensued about the Township applying for the grant and also having to budget for the police officer salary after the grant funds have been expended.

The consensus of the Board was to authorize Chief Stiles to write the grant application.

Chief Stiles also requested that the Board look to the possibility of having a two-story renovation of the police building. Chief Stiles informed the Board of a recent fatal car accident.

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