TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
April 26, 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
Kent Herman
James Brown
Robert Martucci, Jr.

Staff attending:
Gabriel Khalife, Township Manager
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.

Mr. Khalife announced that there would be an Executive Session held following the meeting regarding litigation and personnel matters.

FINANCIAL REPORT AND PAYMENT OF THE BILLS
On motion of Commissioner Martucci, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to accept the Financial Report and authorize payment of the bills.

MINUTES
April 12, 2007
Commissioner Herman clarified that although at the Minutes do not reflect the comment he made at the previous meeting that his dog was not licensed, he wanted to correct his statement. He explained that following the meeting he discovered that when his dog was puppy, it had received a tattoo as a permanent and valid license.

Commissioner Unger declared the April 12, 2007 Board of Commissioners Meeting Minutes approved as submitted.

ORDINANCES
None.

RESOLUTIONS
None.

MOTIONS
Consideration of a motion to contribute funds towards the purchase of a new fire truck for the Western Salisbury Fire Department.

[This item was discussed in the middle of Public Comment in order to allow time for Fire Chief Steve Schneider to arrive from a fire incident.]

Consideration of a motion to renew the maintenance agreement with H.T. Lyons for the Township’s HVAC system.

Mr. Khalife explained that they would have H.T. Lyons continue with maintenance of the Township’s current system. He noted that the company would also have to put a compressor online that has been waiting for the new HVAC boxes to be installed. He explained that the compressor was installed by H.T. Lyons and he recommended having H.T. Lyons maintain the compressor for the upcoming year.

Commissioner Martucci commented that although he is agreeable to having H.T. Lyons continue maintenance for the upcoming year, he would suggest looking to get pricing for maintenance service from Burkholder when the agreement expires.

Commissioner Herman noted that the amount of the contract is less than $10,000 and was procured properly.

On motion of Commissioner Brown, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to renew the maintenance agreement with H.T. Lyons for the Township’s HVAC system.

Additional Items
Consideration of a motion to authorize the Solicitor to execute the Stipulation for the Lehigh Street Properties LLC. assessment appeal Case No. 2007-C-9019.

Consideration of a motion to authorize the Solicitor to execute the Stipulation for the Artvin assessment appeal matter Case No. 2006-C-3791.

On motion of Commissioner Brown, seconded by Commissioner Martucci, the Board of Commissioners concurrently voted 3-0-1 to approve the motion to authorize the Solicitor to execute the Stipulations for the Lehigh Street Properties LLC. assessment appeal Case No. 2007-C-9019 and the Stipulation for the Artvin assessment appeal matter Case No. 2006-C-3791. Commissioner Herman abstained due to a conflict of interest (his law firm represents Salisbury School District).

PUBLIC COMMENT
Virginia Wolfe of 3089 Lindberg Avenue urged the Township to cite and fine the residents whose dog allegedly attacked a resident in a recent incident that she read about in the newspaper.

Chief Stiles explained that the dog’s owner decided to turn in the dog to the Humane Society and it was decided that no further action was necessary.

Ms. Wolfe offered her services to assist the Township as a resource for modifying its animal control ordinances and she provided literature to the Board members.

Commissioner Herman briefly explained that as a policy maker, he does not intend to second-guess the Township’s police officers and animal control officer when they are following long established policies. He noted that it has been a long standing policy to allow the animal owner a brief period of time to take measures to come into compliance before taking further enforcement action such as fines. He recalled steps he had taken to speak with the victim of a dog bite and how in the recent attack he attempted to explain that dog licensing had no bearing in the incident.

Ms. Wolfe requested that the Township cite the owner and any dog involved should be spayed/neutered which may help to prevent later attacks.

Commissioner Martucci noted that the Township does intend to have further discussions on the animal control issues and are awaiting Chief Stiles who is preparing information for the Board.

Gloria, a colleague of Ms. Wolfe, explained that she resides in Hazleton where an animal control policy was adopted. She spoke briefly about spaying/neutering animals.

Commissioner Herman expressed a concern that other issues may not receive proper attention if animal control services and enforcement are increased.

Doug White of 1806 W. Turner Street, Allentown asked several questions relating to why the Township does not enforce the dog law when it becomes an infraction, what the animal control officers duties are, and about the Township’s police dog.

Commissioner Unger and Chief Stiles responded to Mr. White’s questions and noted that there would be a workshop meeting in the near future where these animal control matters can be discussed further at length and Mr. White would be notified.

Ed Hoffman of 1725 Lehigh Avenue asked about a code enforcement matter and had questions regarding a recent development performed by City Line Construction. He asked about the status of the road work to be completed and whether a manhole cover that was installed several inches below grade would be adjusted higher. He requested that the Township hold the developer’s escrow funds until the reconstruction of the easement between his property and Mr. Christman’s is completed.

Mr. Tettemer responded that the manhole would be raised and reconstruction measures should begin very soon.

Commissioner Martucci commented that he had observed that no work had been performed to the drainspouts and he would not want to see the escrow released until the work is completed.

[Fire Chief Steve Schneider arrived.]

Consideration of a motion to contribute funds towards the purchase of a new fire truck for the Western Salisbury Fire Department.

Fire Chief Steve Schneider explained that there were two apparatus vendors that were being considered; one located in Wisconsin ($440,000) and M&W Fire Apparatus located in Virginia for ($414,000).

Mr. Khalife noted that the Finance Director had prepared a breakdown of the Township’s financial impacts for contributing towards the fire truck purchase. He noted that the fire company may either trade or sell the older apparatus, but there would be a comfort level for the Fire Department in knowing that they could put in the order and the Township’s contribution to assist them in their endeavor would be there when the 2008 budget is prepared later this year.

Commissioner Martucci inquired if the price would be locked-in.

Chief Schneider explained that at the pre-design meeting, the specs were reviewed and there should not be any additions or deletions at this point and the price will stand for next year.

Commissioner Brown inquired when the order would go in.

Chief Schneider stated that there is a 270 – 300 day delivery and they anticipate the truck being delivered around the beginning of the year. He stated that there would be a preconstruction visit at the facility and an acceptance test at their location. He noted that he intends to visit and inspect the construction of the truck every three weeks.

Commissioner Herman asked several questions on the funding breakdown prepared by Mrs. Bonaskiewich and about the risks for non-delivery and delay.

On motion of Commissioner Martucci, seconded by Commissioner Herman, the Board of Commissioners voted unanimously to approve the contribution of funds towards the purchase of a new fire truck for the Western Salisbury Fire Department.

PUBLIC COMMENT (CONT.)
Mr. Charles Siuciak of 1215 Caroline Avenue expressed his disappointment that several members of the Board had visited the Hospital campus and the detention pond area that he has been having problems with. He spoke at length on several matters including that he and the neighbors do not want a berm behind Sunset Road that the Hospital installed and that there should have been public discussion when the Hospital wanted to change their plan instead of the Planning & Zoning Director making a decision. He inquired about overseeing the maintenance of the berm.

Mr. Best explained that the detention pond had been approved in an appropriate manner and was reviewed by Mr. Tettemer, LVPC, and the Board received notice. He stated that there had been a presentation that occurred before the Board and several residents were the detention pond was explained. He stated that the detention pond is to benefit the residents that live behind the Hospital and is not for the Hospital’s sake. The detention pond collects stormwater for the residents behind there who were experience ponding problems.

Mr. Siuciak expressed his concern that the trees were removed to accommodate the detention pond and the destruction of the campus-like atmosphere.

Commissioner Brown noted that Mr. Siuciak had planted trees on the Hospital’s property and the Hospital can remove those trees as they see fit.

Commissioners Unger and Martucci noted that the Hospital had specifically arranged a full tour of the Hospital’s various departments as well as the exterior areas including the detention pond area. They explained that the Hospital had invited the Township and its staff but did not include the general public.

Commissioner Herman commented that he had deferred attending the tour because of his concerns with there being a quorum of the Board and potential for discussing substantive matters without public notification.

Commissioner Unger commented that when a meeting is arranged specifically for discussing the berm, then Mr. Siuciak should be notified.

Commissioner Martucci noted that during the tour, he had addressed the high grass concerns with the Hospital personnel.

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