TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
May 24, 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
Robert Martucci, Jr.
Norma Cusick

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 noted that the meeting will be recessed during the meeting for Executive Session and the meeting will be reconvened for a vote on a legal matter and settlement on a court case matter.

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

MINUTES
May 10, 2007
Commissioner Unger declared the May 10, 2007 Board of Commissioners Meeting Minutes approved as submitted.

ORDINANCES
None.

RESOLUTIONS
None.

MOTIONS
Consideration of a motion to enter into an agreement with Tek-Collect for the collection of delinquent water/sewer/refuse accounts.

Mr. Khalife noted that there is a resolution as well as the agreement to be voted on to designate Tek-Collect as a collection agency for the Township.

Mrs. Bonaskiewich explained that the Township will be taking its most delinquent accounts and authorizing Tek-Collect to assist in collecting on the accounts. She noted that there will be a set number of accounts.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the resolution and to authorize entering into an agreement with Tek-Collect for the collection of delinquent water/sewer/refuse accounts.

POLICE DEPARTMENT AWARDS
Chief Stiles explained that the Township is honoring its police officers and a number of deserving civilians who have helped the police department over the last year. He noted that there are guests from the Emmaus Police Department present as well.

[A list of the awards presented will be attached to the final approved Minutes filed at the Township.]

Consideration of a motion to release the construction security in the amount of $72,394.20 relating to the work performed on the backup generator.

Mr. Tettemer explained that 10% of the funds would be returned to the contractor.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to approve the motion to release the construction security in the amount of $72,394.20 relating to the work performed on the backup generator.

Consideration of a motion to accept the extension of the plan review period to September 28, 2007 for the KidsPeace Preliminary Land Development Plan.

Mr. Best explained that there are some outstanding items that need to be worked out with PennDOT. He noted that the plan is due to expire on June 11th and the developer is granting an extension of time. He noted that Attorney Eaton is present who represents KidsPeace.

Attorney Eaton explained that the new NPDES rules require infiltration studies which had to wait for the ground to thaw. Also, there were buildings that needed to be demolished before PennDOT would give substantive consideration to the plan.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to accept the extension of the plan review period to September 28, 2007 for the KidsPeace Preliminary Land Development Plan.

Consideration of a motion to authorize entering into a Project Agreement and Operations and Maintenance Agreement with the US Department of Agriculture related to a remediation project to install 80+ feet of riprap on the left bank of Trout Creek in the vicinity of 535 East Emmaus Avenue.

Mr. Khalife noted that a deed of easement is also being included for vote to allow the Township access to the property for installation and future maintenance.

On motion of Commissioner Martucci, seconded by Commissioner Brown, the Board of Commissioners voted 3-0-1 to approve entering into a Deed of Easement, Project Agreement and Operations and Maintenance Agreement with the US Department of Agriculture related to a remediation project to install 80+ feet of riprap on the left bank of Trout Creek in the vicinity of 535 East Emmaus Avenue. (Commissioner Cusick abstained from the discussion and from the vote on this item.)

Additional Item:
Consideration of motion to issue a partial 2006 real estate tax refund for 2000 Nottingham Road due to a demolition in the amount of $621.53.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to authorize issuing a partial 2006 real estate tax refund for 2000 Nottingham Road due to a demolition in the amount of $621.53.

[Meeting recessed. The Board went into Executive Session to discuss a legal matter.]

***Meeting reconvened.

Consideration of a motion to enter into a Mutual Release and Settlement Agreement relative to a suit filed by Beverly and Charles Gordon relating to a firing range and gun shooting incident.

Mr. Khalife noted that the Gordons had sought to require that the Township Police Department enforce the laws as opposed to allowing the police officers to use their discretion in each incident. He stated that the settlement allows the police officers to maintain their discretion and identifies the safety zone. He noted that there is no financial consideration and is just a mutual release of the event.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to authorize entering into a Mutual Release and Settlement Agreement relative to a suit filed by Beverly and Charles Gordon relating to a firing range and gun shooting incident.

PUBLIC COMMENT
Janet Keim of 11 West Pine Street thanked the commissioners that ran for office and who had a platform of preservation, open space and watershed protection. She submitted a petition signed by 37 residents in the Township wards 3 and 2 opposing the proposed traffic signal at Dauphin Street and Emmaus Avenue.

Mr. Ed Hoffman of 1725 Lehigh Avenue updated the Board on the issues with a development built by City Line Construction. He stated that the rainspouts had been corrected to the neighbors’ satisfaction. He stated that the manhole cover was raised and noted that the reconstruction of the easement was done incorrectly. He stated that he was informed that City Line will now send a landscaper on Saturday morning to perform the work to Mr. Christman’s and Mr. Hoffman’s specifications. He stated that there is an issue on a swale that is not shown on the plan.

Mr. Tettemer noted that there is a punch list of items that they will have the developer address.

Commissioner Cusick noted that there was an article pertaining to the proposed expansion of the Lehigh County Work Release Prison facilities located in the Township. She noted that the article indicated that Lehigh County wants Northampton County to join in on the site. She suggested contacting Lehigh County before anything is done.

Mr. Best commented that he had not been contacted by Lehigh County in regards to the matter. He noted that the floodplains map that was recently revised encompasses a portion of the area around the prison and he recalled that he had not received any comments from Lehigh County prior to the adoption of the revised plan.

Chief Stiles thanked the Board of Commissioners for allowing the awards ceremony to take place during the meeting.

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