TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
SPECIAL MEETING – 6:00 PM
January 11, 2010

A Special Meeting of the Salisbury Township Board of Commissioners was held on the above date in the Township Municipal Building located at 2900 South Pike Avenue, Allentown, Lehigh County, Pennsylvania.

Members attending:
JoAnne Ackerman
James Brown, President (EXCUSED)
Norma Cusick
Robert Martucci, Jr., Vice-President
James Seagreaves (EXCUSED)

Staff attending:
Randy Soriano, Township Manager
Cathy Bonaskiewich, Assistant Township Manager/Finance Director
John Andreas, Director of Public Works

CALL TO ORDER
Mr. Martucci called the meeting to order.

PLEDGE OF ALLEGIANCE
Mr. Martucci noted that the Board had anticipated having a full Board present but due to other commitments, President Brown and Commissioner Seagreaves are unable to be present. Mr. Martucci noted that a quorum is present since there is a majority of the Commissioners present. Mr. Martucci proceeded with the scheduled interviews for the Township Engineer. The following firms and order have been selected and asked to be present.

ENGINEERING:

• Spotts Stevens & McCoy
• Hanover Engineering Associates
• Ott Consulting, Inc.
• Benchmark Civil Engineering Services, Inc.
• Keystone Consulting Engineering

Spotts, Stevens & McCoy
Paul Pendzick, Vice President, and Laura Eberly, Senior Project Engineer, gave a short overview of their firm and its qualifications. Mr. Pendzick informed the members that he would be the representative attending the Board meetings and Ms. Eberly would attend the Planning Commission meetings. He noted that they have people who can handle comprehensive plans, sink holes, traffic studies, and environmental issues. He noted that the firm primarily handles Municipal Engineering.

A question and answer period followed in regards to fees, their billing process, and grant writing. Mr. Pendzick stated that they do not charge to attend meetings, unless a specific plan is up for review. Mr. Pendzick stated that they maintain costs by not charging for meetings, and assured that there is not going to be a project that they haven’t done before, they are not learning on the job. In regards to billing, Mr. Pendzick stated that every project will have its own invoice with a description. It lists everyone who worked on the project, their job classification and the number of hours they worked on the project for that month.

Mr. Pendzick noted that their firm has put together different grants for Municipalities totaling around $14 million, which included grants for water and sewer projects, planning, and parks.

Hanover Engineering Associates
Jill Smith, Vice President, Brad Youst, and Jeremy Schadler, representatives of Hanover Engineering, gave an overview of the firm and its experience. Ms. Smith stated that Hanover Engineering has been in business for 40 years and has 80 employees with five different offices. Their main focus has been Municipal Engineering. Mr. Youst stated that the firm’s background and experience is very deep and diverse. He noted that they have employees who could handle wetlands and endangered species issues, traffic impact studies, structural issues, sewage enforcement, civil engineering, drafting, mapping, and landscape architecture.

A question and answer period ensued in regards to fees, their billing process, and grant writing. Mr. Youst stated that their fees to attend Board meetings can be billed in two different ways. One way would be to bill on a retainer basis where they would mutually establish an amount that is fair and reasonable for the normal representation. Another way is that they bill for the hours spent at meetings, and because meetings could vary in length, they do not charge overtime for after-hour meetings. In regards to itemized billing, Ms. Smith stated that their policy is to have a separate job number for each project and each employee has to put how many hours they spent on that project and the description of work done.

Commissioner Cusick asked if the firm does grant writing. Mr. Youst stated that they are very familiar with grant writing and have obtained grants for sanitary sewer projects, community development, and spill projects.

Ott Consulting, Inc.
Jeffery Ott, Owner, and Dan Witsack provided background on the firm. Mr. Ott noted that 15%-20% of their business is Municipal Engineering as they primarily do private land development. Mr. Ott noted that since the Township would be dealing directly with the owner of the company, a certain level of care and fast service would prevail, along with a strong level of commitment.

A question and answer period followed in regards to fees, their billing process, and grant writing. Mr. Ott stated that they would charge to attend Board meetings at the established Principal Engineer rate. Mr. Ott noted that they have itemized billing which breaks down the description of work by staff member, position, hourly rate, and associated fee. Mr. Ott noted that their firm has handled some fundraising as well as TIF grants.

Commissioner Cusick inquired if whether the firm had experience in putting together a Comprehensive Plan to which Mr. Ott responded that they had not.

Commissioner Martucci questioned if they would be able to assess zoning requirements and SALDO when doing a Site Plan review. Mr. Ott responded that they do Subdivision Ordinance Reviews and can perform Zoning Ordinance reviews as well.

Benchmark Civil Engineering Services, Inc
Peter Terry, President, and Bernie Telatovich, Vice President, gave an overview of the firm. Mr. Terry stated that 70% of their work involves Municipal Engineering while 30% is for private clients. Mr. Telatovich indicated that he has a background in legal development from working in the government sector. Mr. Terry stated that they have no formal fundraising or grant writing experience nor have they done any work on comprehensive plans.

A brief question and answer period followed in regards to fees and billing process. Mr. Terry stated that they would charge the engineering rate for attendance at Board meetings, but not for travel time. He also noted that the firm can provide a very detailed billing breakdown including work function/employee task.

Commissioner Ackerman inquired whether the firm had an environment division. There were also questions regarding the firm’s experience assessing zoning and SALDO requirements and their billing practice. The representatives explained that one third of employees work very closely on E&S, NPDES, and erosion control type of projects. They provide a team approach as opposed to a division since there are only 9 employees. Their firm does have experience with zoning and SALDO reviews and any comments made would cite specific reference to the applicable ordinance.

Keystone Consulting Engineers
Representing Keystone were David Tettemer, who would be designated as the primary Township Engineer, Dean Haas, Vice President, and Scott Pasterski, to be secondary Township Engineer. Mr. Haas gave a brief overview of the firm and stated that the firm can handle plan review services, construction inspection services, municipal project design, approval bid construction, and zoning reviews. He noted that he has experience in preparing Comprehensive Plans as he put one together for Upper Macungie Township. Mr. Haas also noted that 70% of their business is Municipal while 30% is private.

A question and answer period followed regarding grants, fees, and billing processes. Mr. Haas stated that KCE has worked on 15 grants and received nine of them totaling $865,000. However, they were not able to apply for any for Salisbury Township. Mr. Tettemer stated that the firm had been charging the Engineer’s rate to attend Board meetings, but are changing their policy and will only charge the Township if there is a developer issue. He also noted that they are changing their billing process as the Township has requested with new software that will provide a detailed description of the work done by each employee broken down by job.

Commissioner Cusick inquired about what would be considered the firm’s weaknesses. Mr. Haas responded that they need to get input from clients because they are not always aware of changes in the clients need. He indicated that they would look to give anonymous questionnaires to the Board asking about services provided and how the firm can improve.

Commissioner Martucci asked what the ideal relationship would be between KCE and the Township. Mr. Tettemer responded that they are here to serve the Township in whatever engineering capacity is asked of them. He noted that he has worked with John Andreas for six years, and because Mr. Andreas knows the Township so well, Mr. Tettemer takes direction from him instead of taking a supervisory role. In regards to Planning and Zoning, Mr. Tettemer stated that he does plan reviews in accordance with the existing ordinances, but he does not make planning decisions. He also indicated that he would defer a problem to the Township Manager if a decision was made that he felt interfered with an engineering aspect.

Following the interviews for Township Engineer, a short discussion ensued on deciding how to select a firm. Commissioner Martucci noted that the Board can short-list the candidates and pick two or three finalists to be present at the next Commissioners meeting on the 14th so that the entire Board could participate in the proceedings and voting.

Commissioner Cusick commented that she believed the purpose of the meeting was to decide on the appointments after the interviews. Mr. Soriano noted that the Public Notice did include language that the Board may vote on the appointments. Mr. Soriano noted that although the original intent was such; however, it was predicated upon having the full Board present to decide on how the selection would take place.

Mr. Soriano noted that a quorum is present because a majority of the members are in attendance and the standing Commissioners can decide on which procedure to use. Mr. Soriano noted, however, that if a vote is not unanimous on a motion, then it may not be valid because although there is a majority of the quorum in favor, it is not the majority of the members of the full Board. Commissioner Cusick noted that there had been many instances where she was not present and the Board voted on issues. Mr. Soriano speculated that the votes were likely unanimous votes by the quorum present and still constituted a majority of the members.

Commissioner Ackerman commented that she has enough information to make a decision. Commissioner Cusick noted that she would propose a motion to proceed for a vote to appoint a firm. Commissioner Martucci noted that he would support a Motion to short-list the candidates and give the other members an opportunity to review and be present for the appointment. Commissioner Martucci noted that the Board could interview the finalists before the next meeting and vote on the appointment at the regular meeting on January 14, 2010. Commissioner Martucci commented that he would not support a motion to appoint tonight since this would deprive the other two members in having a say in this matter.

Commissioner Cusick made a Motion to appoint Spotts, Stevens & McCoy. Motion seconded by Commissioner Ackerman. A roll call followed.

ACKERMAN-YES
SEAGREAVES-ABSENT
MARTUCCI-NO
CUSICK-YES
BROWN-ABSENT

The vote was 2 in favor and 1 opposed. A brief discussion ensued on whether this motion effectuated the requirement for a vote by a majority of the members. Mr. Soriano noted that President Brown had indicated to him that he would prefer that the vote for the appointments be made when a full board is present.

The meeting continued with the interviews for the Township Solicitor. Commissioner Martucci noted that three firms were invited. Commissioner Martucci proceeded with the interviews. Mr. Soriano announced that the firm of Tallman, Hudders & Sorrentino withdrew their candidacy.

SOLICITOR:

• Tallman, Hudders & Sorrentino (WITHDRAWN)
• Fonzone & Ashley
• King, Spry, Herman, Freund & Faul

Law Firm of Fonzone & Ashley
John Ashley, Esquire was asked by Commissioner Cusick about his reasons for wanting to continue as Township Solicitor to Salisbury. Attorney Ashley commented that he enjoys working for Salisbury and believes that he is an asset to the Township and has dealt with practically everyone on the staff.

Questions were raised by the Board members relating to whether the attorney would ever represent a township employee in private matter and billing practices. Attorney Ashley explained that he may represent an employee so long as the case did not involve a suit against the Township. For example, if an employee wanted to write a will, that is not a conflict but if an employee were cited by the Township, in that instance he could not represent the employee or even talk to you about it since he would be representing the Township. Commissioner Martucci posed a question regarding how the Solicitor would respond to public demands for greater accountability. Attorney Ashley explained that one way is to try and keep as many discussions as possible public at Board meetings. He noted that it is important to have straightforward communication. With respect to billing, he would not charge the Township for his time to travel from his office to attend a Board meeting, nor to go home. Commissioner Martucci inquired whether he provides itemized billing per issue. Attorney Ashley explained that anything submitted to the planning commission is invoiced separately for that particular matter. Every enforcement matter has its own number. Board meetings and general questions are billed under a general number.

King, Spry, Herman, Freund & Faul
Representing King/Spry were Mike Gaul, Elizabeth Kelly, Kent Herman who gave a brief overview of the firm that it is a full service law firm and is able to handle everything in-house.

Commissioner Cusick inquired about portal-to-portal charges. The attorneys explained that they do charge for travel time because it is time that takes them away from other matters. A brief question and response discussion occurred regarding conflicts of interest and public demands for more accountability. The attorneys responded that if a conflict arose since they are also Solicitor to Salisbury School District, there are procedures to follow and they are bound by ethical rules so they must inform the Township when there is a conflict. Commissioner Martucci inquired how the firm would respond to public demand for greater accountability. The attorney responded that the public is entitled to more governmental accountability and would work with the Township to be responsive. The attorney explained that with respect to executive meetings, the Board should not have an executive session except for certain personnel matters due to various constitutional and employment rights. Otherwise, it’s up to the Board if they want to implement an executive session because it is not required. Everything else can be discussed in public.

Following the interviews, Commissioner Martucci announced that something unexpected came up and he had to leave the meeting. With the departure of Commissioner Martucci, the Board was deprived of a quorum and could not proceed with any official business.

After reviewing the Township Code further, Mr. Soriano read aloud a portion of Section 1301 of the Township Code stating, “The Board of Commissioners …. may elect, by a vote of a majority of the members, one person as township engineer, .…” Mr. Soriano noted that this specific language seemed to indicate that the earlier motion may not have mustered the Township Code requirement to appoint the Engineer since there was not a vote of the majority of members. Commissioner Cusick stated that she would have welcomed an opinion prior to the earlier Motion. Mr. Soriano noted that the members present constituted a quorum in order to conduct official business. Mr. Soriano explained that since the members decided to proceed with the Motion and the vote was not 3-0, it did not constitute a vote of the majority of the members of the board as required by Section 1301 of the Township Code.

ADJOURNMENT
The meeting adjourned due to the lack of a quorum. The time was 10:05 p.m.