TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
June 28, 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:
Gabriel Khalife, Township Manager
Carl Best, Director of Planning & Zoning
John Andreas, Director of Public Works
Cathy Bonaskiewich, Finance Director
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 on legal matters and a tax appeal update provided by the Solicitor. He noted that the meeting would be recessed and reconvened for a possible vote.

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
June 14, 2007
Commissioner Unger declared the June 14, 2007 Board of Commissioners Meeting Minutes approved as submitted.

SWEARING IN OF FULL-TIME POLICE OFFICER DONALD SMITH
Commissioner Unger performed the swearing in of Full-Time Police Officer Donald Smith.

ORDINANCES
Consideration of an ordinance vacating unnamed alleys A and B located between Weil Street and Summit Street.

Mr. Doug White of Lehigh Engineering was present on behalf of the petitioners for the alley vacation. He noted that the survey plan depicting the alleys to be vacated had been presented at a prior workshop. He explained that all of the signatures for the adjoining property owners had been obtained on the petition to vacate.

There was a brief discussion on whether the alleys had ever been improved. Attorney Ashley noted that his research did not uncover any indication that the alley had ever been improved. Mr. White commented that there had been no paving since the alley in over 60 years ago.

On motion of Commissioner Herman, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to approve the ordinance vacating unnamed alleys A and B located between Weil Street and Summit Street.

Consideration of an ordinance amending the Code of Ordinances, Ch. 1, Part 6(a) Police Pension Plan to include intervening military service provisions.

Mr. Khalife explained that this is an effort to have the Township’s ordinances match the Police contract and pension plan. He noted that there currently are non-intervening military service provisions in the ordinances. He explained that the proposed provisions would allow police officers the ability to buy back years in terms of intervening and non-intervening military service.

Mrs. Bonaskiewich explained that plan participants who may have served in the military can buy back up to a maximum of 5 years towards their pension for years they served for intervening military service. She explained that the actuary performs the calculations for the cost which the participant would pay; not the Township.

There was a brief discussion regarding the State’s requirements and the need for passing an ordinance on the matter.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to approve the ordinance amending the Code of Ordinances, Ch. 1, Part 6(a) Police Pension Plan to include intervening military service provisions.

RESOLUTIONS
None.

MOTIONS
Consideration of a motion to enter into an agreement with Municipal Publications to develop a community map/guide.

Mr. Khalife explained that the Township had previously contracted with a different company to prepare a community map and guide but the owner of that company could no longer be located. He noted that the Township is looking to pursue the preparation and completion of a Township map and guide at its own expense and will contact those businesses that had submitted funds previously for advertisements to participate. The Township will fully fund the project in an attempt to make whole those businesses who gave their money for advertisements. He explained that Municipal Publications proposes that the costs for this project to be approximately $6,000.

Attorney Ashley and Mr. Khalife noted that there were several other municipalities who lost their money with the other company as well.

Commissioner Herman inquired about the costs for the map/guide and references for Municipal Publications.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to authorize entering into an agreement with Municipal Publications to develop a community map/guide.

Consideration of a motion to authorize the clean up of a property located at 291 East Rock Road and to place a lien on the property. Work to be performed by Rosario Building in the amount of $4,850.

Mr. Khalife explained that the property may be in bankruptcy and is continuing to deteriorate and has several problems with it. Once it is cleaned, the Township could recoup the money through a lien once the property is sold.

Commissioner Martucci inquired about whether there were other liens on the property.

Attorney Ashley indicated that he would verify whether the property is in bankruptcy prior to taking any remediation measures.

There was a discussion on taking steps to verify the property’s ownership status and whether it is in bankruptcy or foreclosure.

On motion of Commissioner Herman, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to authorize Rosario Building to clean up 291 East Rock Road in the amount of $4,850 and to authorize placing a lien on the property, subject to the Solicitor’s review of the property’s title status to determine if there is a more cost efficient way to pursue the cleanup and to determine whether the property is in bankruptcy.

Consideration of a motion to authorize remediation measures relating to Barnsdale Road drainage issues.

Mr. Tettemer noted that when the Michaela Manor subdivision had taken place in which residents of Barnsdale Road brought up an issue that during heavy storms there is significant flooding on Barnsdale Road. He stated that as part of the plan’s approval, an agreement was reached with the developer to provide an easement and $15,000 towards the cost to put in a stormwater pipe to try and capture some of the surface water before it reaches the Melmans’ property.

Mr. Tettemer noted that the developer decided not to pursue completing the development. He recommended obtaining a 30-foot construction easement from the current property owners in order to install the stormwater pipe and to avoid damage to existing mature trees and landscaping. He outlined some of the issues of the existing storm system in Barnsdale Road. He recommended also replacing a section of old piping that is 24-inches with piping that matches the rest of the system which is 36 inches.

Several Board members inquired about the development and the stormwater runoff issues. Mr. Tettemer noted that there would still be water sheet flowing that these remediation measures would not be able to address. There was a discussion about the costs. It was noted that the developer provided $15,000 towards the stormwater pipe installation. Mr. Tettemer noted that permits had already been obtained from PennDOT for the project.

After briefly discussing several options for changing only a section of the 24-inch elliptical-shaped pipe to a 36 inch pipe or to replace the whole pipe, several members suggested that Mr. Tettemer provide cost estimates so that each option can be compared.

Commissioner Herman suggested authorizing the Township Engineer to provide the Board with cost estimates prior to developing plans and specifications for upgrading the 24-inch pipe. He suggested also authorizing the Solicitor to negotiate with the property owner to get the easement at no cost. He commented that this may cause a forfeiture of the previously proposed $15,000 contribution.

Commissioner Herman made a motion to authorize, as the first phase, the Township Engineer to provide the Board with proposed cost estimates for upgrading the 24-inch storm sewer line in Barnsdale Road and the second phase, to authorize the Solicitor to negotiate with the property owner in an effort to finalize an easement for remediation work on the upstream portion of the property and to report back the progress of those negotiations. Further, if the negotiations can result in obtaining an easement with no or nominal consideration, then the engineer is to provide cost estimates to the Board for the stormwater pipe installation in the easement area. The motion was seconded by Commissioner Cusick.

Mrs. Marla Melman of 1020 Barnsdale Road commented that there are safety issues with the stormwater problems on Barnsdale Road.

The Board of Commissioners voted unanimously to approve the motion.

Consideration of a motion to support Senate Bill 23 that proposes a $250 state income tax credit for fire and EMS volunteers.

Mr. Khalife stated that he would send a letter on the Township’s behalf supporting Senate Bill 23 that proposes a $250 state income tax credit for fire and EMS volunteers.

On motion of Commissioner Brown, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to authorize sending a letter of support for Senate Bill 23 that proposes a $250 state income tax credit for fire and EMS volunteers.

Additional Item
Consideration of a motion to authorize payment #1 for closed circuit TV sanitary sewer system inspection project in the amount of $18,311.67 to Mr. Rehab, Inc.

Commissioner Unger noted that the I & I in which a closed-circuit camera is used as part of the ongoing maintenance process for the Township’s sanitary sewer system.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to authorize payment #1 for the closed circuit TV inspection of the Township’s sanitary sewer system in the amount of $18,311.67 to Mr. Rehab, Inc.

PUBLIC COMMENT
No public comments were presented.

[Meeting was recessed to conduct an Executive Session on a tax appeal matter.]

*****Meeting was reconvened.

Additional Item
Consideration of a motion to accept the terms of the tax appeals of Edward Weiner.

On motion of Commissioner Herman, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to accept the terms of the proposed resolution of Dr. Weiner’s tax appeals.

OTHER BUSINESS
Commissioner Herman inquired on the status of a resident’s concerns that were previously brought to the Board about a high number of vehicles on a neighboring property.

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