TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
SPECIAL REGULAR MEETING – 7:30 PM
DECEMBER 22, 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

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.

Mr. Soriano also acknowledged the presence of Commissioners-Elect Seagreaves and Ackerman.

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.

Mr. Soriano reminded everyone of the 3-minute rule and asked that everyone should sign in and announce themselves and speak into the microphones.

APPROVAL OF FINANCIAL REPORT AND BILLS PAYABLE
On motion by Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the Financial Report for the period ending November 30, 2009 and Bills Payable for the period 12/07/2009 through 12/18/2009.

MINUTES
December 10, 2009

Commissioner Unger declared the December 10, 2009 Board of Commissioners Meeting Minutes approved as presented.

OLD BUSINESS
None

NEW BUSINESS
Mr. Soriano announced that the two conditional use hearings had been duly advertised and both will be heard tonight by the Board of Commissioners. Commissioner Giles announced for the record that he will not participate in any discussion or vote since he is a standing party in the first Hearing. Mr. Soriano turned over the proceedings to Attorney Ashley who announced that a stenographer is present and will be transcribing the testimony and decisions of the Board.

• Dominic Giles requests permission to conduct season attractions at 3350 Devonshire Road for Halloween and Christmas 2010.

Mr. Dominic Giles briefly presented his request to the Board noting that he is now considering expanding the use of the Barn for a Christmas attraction since the Halloween concept was initially not as profitable as anticipated. There were several objectors in the audience and other concerned citizens. A complete testimony of the proceedings is made part of these minutes by reference and a Decision of the Conditional Use Hearing will be made part of these minutes.

Objectors:

• Jane Baker of 1834 Nottingham Drive, Allentown
• Janet Keim of 11 Pine Street, Emmaus
• JoAnne Ackerman of 2572 Green Acres Drive, Allentown

Motion by Commissioner Martucci to GRANT the request from Mr. Dominic Giles for seasonal attractions at 3350 Devonshire Road for Halloween and Christmas for a duration of two years. Motion seconded by Commissioner Brown. Motion passed 4-0-1. Commissioner Giles abstained from the vote.

• Lehigh County Men’s Work Release/Correctional Facility Center Expansion at 1600 Riverside Drive

Attorney Ashley commenced the proceedings by explaining the procedure for the Hearing. Attorney Ashley introduced Mr. Edward Andres, Assistant County Solicitor, as counsel.

Mr. Andres gave a brief background on the property, stating that they are seeking to expand and change the use of the facility, which requires additional approval.

Mr. Andres introduced Edward Sweeney, Director of Correctional Facilities for the County of Lehigh, who gave a brief description of the facility and additions that are being proposed. Mr. Sweeney explained that they propose to have up to 400 residents, including both male and female, who are approved as work release and/or community service individuals. He stated that in order to increase the capacity of the facility, permanent structures for sleeping and bath facilities will need to be erected. Mr. Sweeney noted that males and females will be divided by separate living quarters and separate program space.

A complete testimony of the proceedings is made part of these Minutes by reference and a Decision of the Conditional Use Hearing will be made part of these Minutes.

Motion by Commissioner Cusick to GRANT the request from the County of Lehigh with respect to the Lehigh County Men’s Work Release/Correctional Facility Center Expansion at 1600 Riverside Drive with the conditions delineated and summarized by Attorney Ashley prior to the motion. Motion was seconded by Commissioner Martucci. The Motion passed by unanimous voice vote.

ORDINANCES
Consideration of an Ordinance setting and reaffirming the rates of taxation, fixing the tax rate for the year 2010 and appropriating specific sums estimated to be required for the specific purposes of the Township government during the fiscal year.

Mr. Soriano noted that this Ordinance should be discussed in concert with the other Resolutions and Motions on the Agenda since it basically sets forth the tax rate and appropriates the required sums in the 2010 Budget. Pending other decisions on the Resolution and Motions, the 2010 Budget will need to be amended.

“ORDINANCE NO. 12-2009­

AN ORDINANCE OF THE TOWNSHIP OF SALISBURY, LEHIGH COUNTY, PENNSYLVANIA, SETTING AND REAFFIRMING THE RATES OF TAXATION, FIXING THE TAX RATE FOR THE YEAR 2010 AND APPROPRIATING SPECIFIC SUMS ESTIMATED TO BE REQUIRED FOR THE SPECIFIC PURPOSES OF THE TOWNSHIP GOVERNMENT DURING THE CURRENT FISCAL YEAR.

WHEREAS, Article XVII, Section 1701 et seq. of the First Class Township Code, P.L. 1955, No. 569, as amended, requires that the Board of Commissioners shall, inter alia, prepare and adopt a budget which shall reflect, as nearly as possible, the estimated revenues and expenditures of the Township for the year for which the budget is prepared; and,

WHEREAS, the total appropriations shall not exceed the revenues available for the fiscal year; and,

WHEREAS, the tax levied by the Township Commissioners shall be fixed at such figure within the limit allowed by law, as with all other sources of revenue that will meet and cover said appropriations.

NOW, THEREFORE, BE IT ORDAINED and enacted, and it is hereby ordained and enacted by the Board of Commissioners of the Township of Salisbury, Lehigh County, Pennsylvania.

SECTION 1: That for the expenses of the Township for the fiscal year 2010 the following amounts are hereby appropriated from the revenues available for the current year for the specific purposes set forth below, which amounts are more fully itemized in the budget form on file in the Township Secretary’s Office.

2010 Adopted Budgets

GENERAL FUND

Revenue …………………………………………………………………….$6,692,300

Expenditures:
Operating Expenditures:
General Government ………….………$ 876,700
Police ………………………………… 1,474,700
Fire ………………………………..…. 140,500
Protective Inspections ….………….… 123,200
Planning & Zoning ……………..…… 184,200
Solid Waste Collection …………….... 1,487,800
Highways & Public Works ………..… 1,280,100
Recreation …..….…………….........… 82,300
Debt Service ……….……………..….. 155,800

Benefits, Insurance, & Misc.………..… 1,586,900
Total Operating Expenditures …………………………..…………..…… $7,392,200
Total Capital Expenditures………………………………………………. $ 234,000

FIRE PROTECTION FUND
Revenue ………………………………………………………….……….. $ 150,800
Operating Expenditures …………………………………………………... $ 181,600
Capital Expenditures……………………………………………………… $ 74,500

WATER FUND
Revenue ………………………………………………………………….. $1,430,900
Operating Expenditures…………………………………………………... $1,393,950
Capital Exenditures………………………………………………………. $ 42,500

SEWER FUND
Revenue ………………………………………………………………….. $1,414,000
Operating Expenditures …………………………………………………... $1,729,500
Capital Expenditures……………………………………………………… $ 377,500

HIGHWAY AID FUND
Revenue ………………………………………………………………….. $ 313,100
Operating Expenditures …………………………………………………... $ 650,000
Capital Expenditures……………………………………………………… $ 100,000

An estimate of the specific items making up the amount appropriated to the respective Departments is on file in the Office of the Township Manager, 2900 South Pike Avenue, Allentown, Pennsylvania. SECTION 2: That a tax be and the same is hereby levied on all real property within the said Township subject to taxation for Township purposes for the fiscal year 2010, as follows:

The rate for general Township purposes, the sum of three and nine one hundredths (3.09) mills on each dollar of assessed valuation, or the sum of thirty point nine cents on each one hundred dollars of assessed valuation.

For fire protection purposes, the sum of twenty-four one hundredths (0.24) mills on each dollar of assessed valuation, or the sum of two point four cents on each one hundred dollars of assessed valuation.

The same being summarized in tabular form, as follows:

A discount of two percent (2%) of the amount of any tax levied on real property under this Ordinance shall be allowed at the time of payment if said tax is paid in full on or before May 31, 2010 and a penalty equal to ten percent (10%) of the amount of any such tax levied on real property under this Ordinance shall be added to the amount of said tax and shall be payable if said tax is not paid in full on or before July 31, 2010.

SECTION 3: That the tax levy of one percent (1%) presently imposed upon salaries, wages, commissions and other compensation earned by residents of the Township of Salisbury and earned in the Township by non-residents thereof, and the one percent (1%) tax presently levied upon the privilege of transferring or conveying, by deed or other document, any interest in any lands, tenements, or hereditaments in or partly in the Township of Salisbury, be, and they are, hereby enacted and levied, without change, for the year 2010.

SECTION 4: Any Ordinance or part of an Ordinance inconsistent or conflicting with this Ordinance or any part thereof is hereby repealed to the extent of such inconsistency or conflict.

ENACTED into an Ordinance this 22nd day of December, 2009.

Mr. Soriano noted that the overall 2010 Proposed Budget will require the use of prior year fund balance reserves to balance a $699,900 deficit in the General Fund. Mr. Soriano noted that overall proposed Revenues will be about .08% more than projected 2009 levels, and Expenditures will increase by 7.6% attributable mostly to contractual wages costs (4%) and fringe benefits in regards to pension of health insurance costs (11.2%)

Commissioner Cusick moved to adopt Ordinance 12-2009-setting and reaffirming the rates of taxation, fixing the tax rate for the year 2010 and appropriating specific sums estimated to be required for the specific purposes of the Township government during the fiscal year. Commissioner Brown seconded the Motion. The Motion passed by unanimous vote.

RESOLUTIONS
Consideration of a Resolution to reduce the Police Pension Plan employee contribution to the Pension Fund to 1.9%

Mr. Soriano stated that he anticipated that the BOC would approve the Proposed Budget by utilizing prior year reserves to balance the proposed excess expenditures over revenues. Mr. Soriano noted that there are several new events that will impact the spending plan. Mr. Soriano stated that the first step is setting the Police Pension Plan employee contributions. Mr. Soriano noted that the original MMO did not take into consideration the level of employee contributions that would be required because it followed prior years assuming a reduction to 0%. Mr. Soriano noted that because next year will be a lean year and the Township expects a deficit, the Resolution concerning Police Contribution will impact the budget. Mr. Soriano gave a brief review of the issue and a recommendation.

Mr. Soriano noted that the Police Collective Bargaining Agreement includes the following language:

“Employee contributions shall be eliminated for each year of the contract, provided that the Township’s actuary certifies that the present zero percent (0%) contribution can be maintained at no cost to the Township or upon review and approval by the Board of Commissioners.”

In the past, eliminating employee contributions was possible because the Police Plan was actuarially sound. However, the Actuary is certifying that the total cost of the Plan in 2010 will be around $229,000 (see enclosed Revised MMO). A meeting was held with the Police Association to discuss this matter and it was pointed out that the Township was running a huge deficit and that it was exploring ways to reduce it. It was explained that Pension costs for both plans (Police -$229,000 and Non Uniformed -$261,615) have risen dramatically ($491,000). The Association’s counter argument was, and will be, that the Township should have put all of the State Aid in their plan over the years. That argument, if accepted, will not hold true for 2010, since a case can be made that even if the Township puts the entire State Aid allocation of the anticipated $200,000 into Police plan alone, there will still be a shortfall of approximately $29,000. This equates to about 1.9% of employee contributions based on a $1,063,519 payroll. Mr. Soriano noted that the BOC should be mindful that in 2010 the Township is trying to reduce costs and assessment of employee contribution is the only window for the Police since their contract cannot be re-negotiated. Ultimately, the BOC will need to decide some level of employee contribution. However, from a sharing in the reduction of the deficit and to be fair the Police employee contributions, given the 2010 economic climate, the contributions should not be more than 1.9% or lower than 1%.

Commissioner Cusick inquired as to the actual dollar amount that the 1.9% equates to. Ms. Bonaskiewich stated that based on a maximum salary of a police officer, it would be around $1,200 per year, and for a rookie officer, it would be about $800 per year.

Commissioner Martucci commented that because of the economic situation, everyone needs to be responsible for some of the burden of the pension plans, and something needs to be done to help fund them.

Mrs. Bonaskiewich stated that besides a five month period in late 1996 into early 1997, the Police Officers have had a zero percent (0%) contribution requirement. She noted that the Township funds the plan every year, but in recent years, the amount that the Township has had to contribute has quickly grown, with 2010 being the most. The Township is now looking for money to help offset the cost of the plan. Mrs. Bonaskiewich also clarified that the action of setting the Police Pension employee contribution must be done every year and they could decide to change it back to zero percent (0%) next year.

Sergeant Soberick, Sergeant Patton and Officer Nothstein of the Police Department offered their opinion of having to contribute to the Pension. Officer Nothstein stated that by the Department moving to twelve-hour shifts, the part-time hours were cut considerably. He noted that this year, the two part-time officers worked 423 hours and 470 hours, as opposed to the 1200 hours each of them worked in years past, which equates to a savings of approximately $30,000. Also, there was a savings of $25,000 in overtime by switching to a twelve-hour schedule.

Sergeant Soberick commented that he feels the Police Department is being more adversely impacted than the other Township employees because they are the only ones that are paying into the pension. He pointed out that the non-uniform pension is approximately $269,000 underfunded, but non-uniformed employees are not contributing.

Sergeant Soberick requested that the Township absorb the $29,000 shortfall and keep the Police Department contribution at zero percent (0%). He stated that if the Board does decide they must contribute, however, the Department would not be opposed to meet them somewhere in the middle, at around 1%.

Motion by Commissioner Cusick to approve the Resolution setting the Police Pension Employees contribution to 1%. Commissioner Martucci seconded the motion. Motion was approved unanimously.

MOTIONS
Consideration of a Motion to approve the revised 2010 Minimum Municipal Obligation (MMO) as presented by the Chief Administrative Officer for the Police Pension Plan.

Mr. Soriano noted that following the decision by the BOC concerning the Police Pension Plan employee contributions, the BOC will need to revise the MMO to $219,168. Consequently, the 2010 Proposed Budget must be revised to reflect this decision.

Motion by Commissioner Cusick to approve the revised 2010 MMO for the Police Pension Plan. Commissioner Brown seconded the motion. Motion was approved unanimously.

Consideration of a Motion to adopt the 2010 Budget.

Mr. Soriano noted that he had prepared a Press Release for the 2010 Budget and will reference this for the Commissioners to review and ask questions.

“PRESS RELEASE
Salisbury Township Commissioners Adopt 2010 Budget, Holds taxes. Prior year reserves utilized to balance the budget.

The Township Commissioners approved a proposed $11,522,750(Total Funds-GF-Water-Sewer-Fire-Debt-Highway-Library) million budget that keeps taxes steady, but utilizes approximately $1,341,850 in prior year reserve to balance the budget. The General Fund alone will utilize $689,300 from prior year reserves to balance the $7,381,600 operational budget. Decline in lagging revenues from 2009 such as Real Estate Transfer down $250,000 and Interest Earnings down $150,000, has prompted the Township to dip into their reserves instead of raising taxes. Mr. Soriano commented that if the economy does not turn around in 2010, “a tax increase should be seriously considered”. Expenditures will increase 7.6% increase attributed to rising contractual wage costs (4%) and fringe benefits, pension and health Insurance (11.2%). The Budget calls for continuing funding the additional FT Officer for the police department hired through a Safe Street Grant in 2009 bringing the staffing FT patrol officers to 12 and additional administrative staff for the Police and Zoning departments.

The proposed budget also contains $3,150,100 in capital projects and equipment purchases. Of that,

$828,500 is from capital reserves. The remainder is expected to be financed through a General Obligation note totaling $2,300,000. Township Manage Randy Soriano commented approximately 2.0 million dollars will be used to renovate “the police department administration building which has long been neglected and the Township will borrow the funds to cover these expense”. Other projects include $140,000(General Fund) in material for miscellaneous road maintenance improvements and microsurfacing; $310,00(Highway Fund) for the reconstruction of Flexer Avenue from E. Texas to Cedar Crest Blvd. in conjunction with the water line replacement of $321,600(GO Note); $310,000(Sewer Fund) for the elimination of the sewer pumping station at Patricia Drive; $74,500 for Fire related expenses-Western Salisbury FD Truck upgrades($29,500)-Easter Salisbury FD($45,000) for Fire Station upgrades; $85,000 for two 4x2 PW Dump Trucks equally split between the Water and Sewer Funds and $120,000 for a new dump truck split between the GF($20,000) and Highway Fund($100,000); $49,000 for a new Groundmaster mower for upkeep of the Parks; $120,000 for the reconstruction of the Tennis Ct at Lindberg Park ,

The Township generates much of its revenue through the Earned Income Tax, approximately 1.9 millions is expected to be collected and 1.32 millions from the Real Estate Tax. The millage rate is expected to remain at 3.51 mills, including 3.09 for General Fund, 0.24 for Fire purposes and 0.18 for Library services. A property owner whose has a home assessed at $70.000 will pay $316 in Township real estate taxes ($216.30 for GF; $16.80 for Fire Protection; $12.60 for Library services)

Fees for sewer and trash/recycling collection services are expected to remain at last years levels. No increases are contemplated. The City of Allentown announced that their rates will increase by 10% and the Township most likely will pass on the increase. The increase to our residents will be $0.24, which for our residents is a 4.8% increase over the current water rate of $4.92. Based on an “average” annual consumption of 100,000 gallons for a family of four, that would be equivalent to an increase of more like $24,

If the spending plan hold true for all funds, the ending fund balances for all funds will be approximately $10,398.885.”

Motion by Commissioner Cusick to adopt the 2010 Budget. Commissioner Martucci seconded the motion. Motion was approved unanimously.

Consideration of a Motion to accept St. Luke’s Emergency Transport Service request to be designated as primary provider for basic and advanced life support in Fire District 20 contingent on the execution of an Agreement.

Mr. Soriano noted that he discussed at the last work session that the Board will need to decide and move forth on this issue. Mr. Soriano believed that the Board provided a very open and fair process throughout the 2009 year with an independent study, an audit, and a professional assessment by the State. The end result basically validates what was put in place as the interim arrangement. Throughout this period, St. Luke’s Emergency Transport Services was monitored and submitted reports to the Township and PA EMS Council in order to assess their performance. Mr. Soriano recommended that the BOC formally contract the emergency ambulance services with St. Luke’s Emergency Transport System.

Mr. Kermit Gorr, Executive Director, was present at the meeting to answer any questions for those Commissioners that were not privy of the earlier presentation. Mr. Gorr stated that he met with the Fire Department on December 14, 2009 and discussed the subscription drive. He noted that after St. Luke’s pays for the postage and other costs associated with the direct mailings, the Township would get the revenue from the drive. He also noted that it is the same subscription drive that the Fire Company and Ambulance service has been doing for years, and St. Luke’s is willing to guarantee the price for two years. Mr. Gorr stated that during the meeting, they discussed re-locating the ambulances to the fire station, but both parties feel it is unnecessary at this time.

Commissioner Cusick inquired as to how many ambulances St. Luke’s has available. Mr. Gorr replied that they have four ambulances stationed at the Fountain Hill Station on different shifts. Commissioner Cusick inquired about the percentage of their ambulances is used for private transport, to which Mr. Gorr responded that about half of the calls are for private transport. Commissioner Cusick then questioned if the ambulance service is part of the hospital or private. Mr. Gorr stated that they are an affiliate of the hospital, and they have their own Board of Directors and budget.

Mr. John Kloss from the Eastern PA EMS Council stated that it is their recommendation to maintain Centronia Ambulance Corp in the West, Emmaus Ambulance Corp in the Lehigh Street corridor, and St. Luke’s in the Eastern portion of the Township. He noted that St. Luke’s response time has proven to be incredible, and the Council supports exactly what was presented by Mr. Gorr.

Chief Clint Ballek of the Eastern Salisbury Fire Department stated that the Fire Department has worked very closely with St. Luke’s Emergency Transport Services over the past couple months, and his support is behind them because their staff is very professional and easy to work with.

Motion by Commissioner Cusick to accept St. Luke’s Emergency Transport Service as Township ALS and BLS provider for Fire District 20 (eastern portion of Salisbury) subject to an Agreement executed by the Township Manager with terms as discussed with the Board. Commissioner Giles seconded the motion. Motion was approved unanimously.

Consideration of a motion to set the Township Board of Commissioners meetings and workshops schedule for 2010 (second and fourth Thursdays of each month), Zoning Hearing Board (first Tuesday of each month) and Planning Commission (second Tuesday of each month).

Mr. Soriano noted that the Board should review whether the usual 7:30 p.m. time suits their schedule and that of the newly elected Commissioners. In order to allow more time at meetings, the Board could explore starting meetings at 7:00 p.m. The Township Code only stipulates that you meet at least once a month. However, if the 7:30 p.m. time is no longer suited, they will need to amend the Ordinance. Mr. Soriano stated that this information is provided for informational purposes and is not advocating a change, but merely discussion. The Board decided to keep the 7:30 p.m. time; however, they will hold their Reorganizational meeting on January 4, 2010 at 6:00 p.m.

Motion by Commissioner Brown to authorize the Township Manager to advertise the Meetings as noted. Commissioner Cusick seconded the motion. Motion was approved unanimously.

Consideration of a Motion to authorize Final Payment for the Filbert Street Water and Storm Sewer Improvements Project in the amount of $182,880.55.

Mr. Andreas briefly spoke about the successful completion of the project. Mr. Andreas stated that the finished road surface is very nice and the residents seem to be pleased. He noted that the under-drain is functioning very well and it was a very successful project.

Motion by Commissioner Cusick to authorize Final Payment for the Filbert Street Water and Storm Sewer Improvements Project in the amount of $182,880.55. Commissioner Martucci seconded the motion. Motion was approved unanimously.

Consideration of a Motion to authorize Payment # 1 to Dewalt Plumbing in the amount of $8,505.00 for the Police Station Addition & Renovation Project.

Motion by Commissioner Brown to authorize Payment # 1 to DeWalt Plumbing in the amount of $8,505. Commissioner Cusick seconded the motion. Motion was approved unanimously.

Consideration of a Motion to authorize the use of the Police Quick Response Service (QRS) and vehicle and to appropriate funds to provide insurance coverage.

Mr. Soriano noted that he has instructed the Insurance Agent to bind coverage for this exposure. The premium is $1,200 per year per unit. A formal ratification will be necessary.

Motion by Commissioner Cusick to authorize the use of QRS by the Police Department. Commissioner Brown seconded the motion. Motion was approved unanimously.

PUBLIC COMMENT
No additional comments were presented by the audience.

OTHER BUSINESS
Mr. Soriano commented that tonight’s meeting will be Commissioner’s Unger last official meeting. Mr. Soriano noted that at the end of this year it will mark his 20th year of service. He was first sworn in January of 1990. Commissioner Unger has served the Township over 20 years with great distinction and honor. Even though this should have been a farewell ceremony, given the magnitude of the Agenda, it would have been challenging to do so. The Board will plan a special event for Commissioner Unger at a later time to honor his service and mark that he has left on the Township. I personally, and I am sure all of you, will miss his presence and wisdom. But I am certain Larry will not disappear from our sight and hope to see him around at future meetings.

ADJOURNMENT
As no other business was presented, on Motion by Commissioner Martucci and seconded by Commissioner Brown the meeting was adjourned. The Commissioners later reconvened for the Workshop Session. The time was 10:45 p.m.