TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
April 12, 2007

The Public 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:
Larry Unger, President
James Brown, Vice-President
Kent Herman
Robert Martucci, Jr.
Norma Cusick

Staff attending:
Carl Best, Director of Planning & Zoning
Cathy Bonaskiewich, Finance Director
John Andreas, Director of Public Works
Allen Stiles, Chief of Police
John Ashley, Township Solicitor
David Tettemer, representative of Keystone Consulting Engineers, Township Engineer

CALL TO ORDER
Commissioner Unger called the meeting to order at 7:30 P.M.

PLEDGE OF ALLEGIANCE

NOTIFICATION
Mr. Khalife informed the attendees that all sessions of the Salisbury Township Board of Commissioners regular meetings are being electronically recorded for the purpose of taking the Minutes. All public comments on agenda items will 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
Included with the bills list was a first payment for the work performed on the Township’s backup generator in the amount of $52,861.50 with a revised security of $86,311.50 including 10% retainage. Mr. Khalife noted that the police department’s backup power has been installed and is in operation. The municipal building installation is nearly complete and is pending scheduling the power shutoff of the municipal building.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to authorize payment of the bills.

MINUTES
March 22, 2007
Commissioner Unger declared the March 22, 2007 Board of Commissioners Meeting Minutes approved as submitted.

NEW BUSINESS
ORDINANCES
None.

RESOLUTIONS
None.

MOTIONS
Consideration of a motion to allow the Allentown Dog Training Club to hold two series of dog obedience classes at Franko Park.

Mr. Khalife explained that the classes would be held in the same area as it had been last year. He noted that no complaints have been received regarding the classes since the classes first began. He explained that classes are held twice per week and the club provides a small contribution towards the police canine program. He noted that there is a fenced area for the police canine training which could be made available to the club if they desire.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to approve the request of the Allentown Dog Training Club to conduct two series of dog obedience classes at Franko Park.

Consideration of a motion to release the service weapons to retired Police Officers Pochron and Peckelun.

Mr. Khalife noted that the officers have signed the hold harmless documents. He recalled that the Township previously approved authorizing retired police officers to provide extra police protection to provide assistance under Homeland Security.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to authorize the release of the service weapons to retired police officers Pochron and Peckelun.

Consideration of a motion to enter into a restrictive covenant agreement for a property located at 1531 Seidersville Road with respect to a drain field for an on-lot septic system and its distance from the well.

Mr. Best explained that there is an existing home located on a very small lot approximately 75’ x 150’ which is currently served by cesspool. The cesspool has malfunctioned which is not allowed in the Township under current regulations. He stated that the property owner recently had a perk test that passed and the new septic system, although does not meet the 100’ isolation distance would be 83’ distance from the well. He noted that the Planning Commission had recommended approval of the proposed isolation distance.

Attorney Ashley explained that the restrictive covenant would be recorded to allow any future buyer of the property to be notified of the well and septic isolation distance.

Commissioner Cusick inquired if there would be another similar request for a small existing lot in the future, what would be the minimum that the Township could approve.

There was a brief discussion that there may be other septic system alternatives that DEP may allow. Attorney Ashley noted that the isolation distance would be increased as compared to the distance of the current cesspool. Mr. Tettemer briefly explained that this is a best management practice and the process for DEP approval.

Commissioner Martucci inquired about distances from property lines for a drain field. Mr. Best responded 10 feet and explained that the proposed system does meet the other setbacks. He noted that there are no adjacent wells within 250 feet of the system.

On motion of Commissioner Herman, seconded by Commissioner Brown, the Board of Commissioners voted 4-1 to authorize entering into a restrictive covenant agreement for a property located at 1531 Seidersville Road with respect to a drain field for an on-lot septic system and its distance from the well (allowing for an 83-foot isolation distance). Commissioner Cusick voted no.

Consideration of a motion to award the bid for the Township Municipal Building’s HVAC system to Burkholder’s Heating and Air Conditioning, Inc. in the amount of $111,675.

Mr. Khalife noted that after review of the bids submitted, Burkholder’s was the lowest and responsible.

Mr. Tettemer explained that the project to retrofit the Township’s current HVAC system was put out for bid and there were four bidders and Burkholder’s was the lowest.

Commissioner Herman inquired about the range of the bids received and whether the Township Engineer provided a cost estimate.

Mr. Khalife noted that the estimates initially started around $50,000 and with some modifications were estimated to be approximately around $75,000 to $80,000. He noted that there appeared to be some complexity with retrofitting of the original technology.

Mr. Tettemer informed the Board of the bidders and bids submitted.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to award the bid for the Township Municipal Building’s HVAC system to Burkholder’s Heating and Air Conditioning, Inc. in the amount of $111,675.

Consideration of a motion to authorize the Township Solicitor to intervene on the Township’s behalf in the Lehigh Street Properties, LLC. Assessment Appeal.

Mr. Khalife noted that there was some question whether the properties are within Salisbury Township because some portions of the car lots could be in Emmaus that may be related to the assessment appeal. He noted that the car dealership on Lehigh Street could substantially be a significant tax issue. He commented that by having Attorney Ashley intervene if necessary to look out for the Township’s interest.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted 4-0-1 to authorize the Township Solicitor to intervene on the Township’s behalf in the Lehigh Street Properties, LLC. Assessment Appeal. Commissioner Herman abstained.

Mr. Khalife announced that there would be an Executive Session after the regular meeting on personnel and police arbitration matters.

PUBLIC COMMENT
Deborah Copf of 713 E. Lynnwood Street informed the Board members of an incident where she was accosted by a dog at 1775 East Emmaus Avenue that got loose from its yard. She expressed her concerns with the Animal Control Officer’s lack of response to the incident and decision to not fine the dog owner for not licensing or vaccinating the dog. She noted that her daughter had been bitten last year by a loose dog and there was a lack of response from the Animal Control Officer in that incident as well. She requested that the Board either have an animal control officer that will perform appropriately or else terminate the position.

Commissioner Herman recalled the dog bite incident that occurred with Ms. Kauff’s daughter. He explained that although the dog was not licensed, local government can enforce regulations for a dog running loose or if the dog is found to be vicious. He commented that ultimately dog owners are to be responsible for their dogs. He spoke briefly of an encounter he had with a loose dog and commented that licensing does not make an irresponsible dog owner a responsible dog owner. He noted that a ticket can be issued to owners who dogs run loose and there are proceedings for dogs that are vicious.

John Perazzo Jr. of 141 W. Federal Street clarified that Ms. Copf is not asking for the dog to be put down or arrested, but they are asking the Township to uphold its laws and the laws of the State at time of incident.

Mr. Khalife explained that the Township Animal Control Officer supplements the police department in animal control efforts and is not solely a traditional “dog-catcher”. He noted that the dog owner did not have the means to vaccinate and license the dog and chose to turn in the dog to the Humane Society instead.

Chief Stiles cited what had transpired in his discussions with dog owner and how the owner was notified to provide proof of rabies vaccination and dog license, a citation would be issued by the police department, or the matter would be turned over to the State Dog Warden. He stated that when the owner indicated that they would prefer to get rid of the dog, he had notified the owner that they would have to provide a receipt that the dog was turned into the Humane Society.

Mr. Charles Durner explained the process he goes through when he captures a dog and noted that many times the dogs he takes to the Humane Society are not licensed.

Commissioner Martucci suggested having the Board take a closer look at the Township’s ordinances and procedures for handling dogs running loose.

Mrs. Copf expressed her concerns with the possibility of someone contracting rabies and suggested that the Township’s animal control procedures could possibly be changed in order to help save someone’s life.

Mr. Perazzo asked a series of questions regarding the Township’s animal control procedures.

The consensus of the Board was to discuss this item further at a future meeting.

Jane Benning of 3111 Douglas Road informed the Board members of her experiences dealing with the Animal Control Officer when she came across an animal that someone abandoned on her property.

Commissioner Unger inquired about the drainage problem at Gilmore Street.

Mr. Tettemer noted that there is a backlog at the State and the State is currently reviewing its procedures and requirements for water quality assessment and have placed pending reviews on hold.

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