TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
July 26, 2007

The Public Meeting of the Salisbury Township Board of Commissioners was held on the above date at DevonHouse located at 1930 Bevin Drive, Allentown, Lehigh County, Pennsylvania.

Members attending:
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 Brown 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.

Commissioner Brown noted that there would be an Executive Session held on personnel and land matters.

Commissioner Brown presented a Certificate of Appreciation to Ms. Vicky Snyder of DevonHouse for their hospitality in allowing the Board Meeting to be held at their facility.

FINANCIAL REPORT AND PAYMENT OF THE BILLS
Mrs. Bonaskiewich presented the Board with an additional bill in the amount of $34,948.17 for the new Public Works truck.

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
July 12, 2007
Commissioner Brown declared the July 12, 2007 Board of Commissioners Meeting Minutes approved as submitted.

ORDINANCES
None.

RESOLUTIONS
Consideration of a resolution to recognize Ms. Janet Heppenheimer for her 27 ½ years of service to the Township as Administrative Secretary.

Mr. Khalife noted that Ms. Heppenheimer’s history and knowledge will be missed. He explained that she had worked in various departments at the Township over the years.

Each Board member expressed well wishes to Ms. Heppenheimer and thanked her for her years of service and dedication to the Township. Commissioner Cusick expressed well wishes and that Ms. Heppenheimer was an asset to the Township. Commissioner Herman thanked Ms. Heppenheimer for her time and effort spent in public service.

On motion of Commissioner Martucci, seconded by Commissioner Herman, the Board of Commissioners voted unanimously to approve the resolution to recognize Ms. Janet Heppenheimer for her 27 ½ years of service to the Township as Administrative Secretary.

MOTIONS
Consideration of a nomination for the position of Sergeant from the eligibility list.

Commissioner Brown noted that Ronald Patten and Donald Sabo were candidates on the eligibility list.

Mr. Khalife explained that the Board would be required to appoint one candidate from the list for the Sergeant position. The candidate with the most nominations would then be appointed to the Sergeant position and the remaining candidate would remain on the list.

Commissioner Martucci nominated Ronald Patten to be appointed for the Sergeant position. There were no other nominations.

Commissioner Cusick seconded the nomination.

By a vote of 4-0, the Board of Commissioners appointed Ronald Patten to the Sergeant position.

Mr. Khalife noted that it was a difficult process and both officers are currently on the Township’s police force.

Consideration of a motion to authorize entering into a service agreement with The Benecon Group and Capital Blue Cross related to the Electronic Group Enrollment Maintenance Systems (eGems).

Mr. Khalife noted that this is a housekeeping matter to recognize the fact that the Township would be performing an electronic process instead of a manual process.

Commissioner Herman inquired about cost, for which there is none.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to authorize entering into a service agreement with The Benecon Group and Capital Blue Cross related to the Electronic Group Enrollment Maintenance Systems (eGems).

Additional Item:
Consideration of a motion to authorize a project amendment for remediation work at 535 East Emmaus Avenue (Cusick property).

Mr. Khalife noted that due to the availability of funding from the State and Federal budgets and to reflect the low bid received, the estimated funding of the project would increase from $21,000 to $41,500.

On motion of Commissioner Martucci, seconded by Commissioner Herman, the Board of Commissioners voted 3-0-1 to approve the project amendment cost increase to $41,500 for remediation work at 535 East Emmaus Avenue (Cusick property). Commissioner Cusick abstained.

PUBLIC COMMENT
Mrs. Janet Keim of 11 West Pine Street inquired about sewer allocations the Township receives from the City of Allentown and the Hospital’s allocation.

Mr. Andreas would provide Mrs. Keim with additional data relating to the sewer allocations.

Mrs. Keim inquired about the ordinances pertaining to tree removal up to 15 feet for construction.

Mr. Tettemer explained that when there is a land development plan and if reasonable development requires tree removal, the developer is required to show a limit of tree clearing. He explained that when there is grading of a property, the ordinance does allow for tree clearing. Mr. Tettemer explained that the 15 foot of a construction area also relates to detention basins and grading areas.

(A small portion of the tape is inaudible.) Mr. Dale Smith asked questions about the Township monitoring when development occurs on a property.

Commissioner Herman explained that with land development, it is dependent upon a plan which includes public work and private work. He noted that under the public work aspect, the work to be performed is bonded in the event the work isn’t completed and there is a financial resource. He noted that there are inspections by the Township Engineer to monitor compliance with the terms of the land development plan. The second aspect occurs once the work based on the land development plan is completed and the Township Engineer is completed with his inspections. He explained that the Township staff does not perform a systematic inspection of each property of the Township. The staff would respond generally to a complaint when a problem develops. He commented that it is nearly impossible to monitor properties over years and decades when a land owner uses their land to plant or remove trees, install fencing, and sheds which may or may not disrupt a plan that was approved decades prior.

There was a brief discussion regarding residents contacting the Township’s consultants. Commissioner Herman noted that the Board does not wish to have citizens directly contacting the Township’s professional consultants, engineer, and lawyer.

Commissioner Herman expressed that to minimize cost to Township taxpayers, residents who have questions or concerns may have them addressed at a Board of Commissioners meeting, contacting a Commissioner directly, or by contacting the Township staff during business hours.

David Mulchany of 1404 Garden Avenue expressed his concerns regarding high weeds at 1406 Garden Avenue.

Mr. Khalife noted that he had been to the property as well as the Code Enforcement Officer. He commented that the Code Enforcement Officer is actively working on the issue.

Attorney Ashley explained that the Township has a practice of giving warnings and notices to allow the property owner to address the problem before taking action to having a lawn cut and the property liened.

Steve Milinchuk of 1225 Voortman Avenue thanked the Code Enforcement Officer for his efforts resolving an issue that he had. He suggested that the Board be made available to be reached by email. He expressed concern that he had to make numerous complaints before action was taken and commented that no one at the Township seems to want to hear a resident’s complaint.

Mr. Khalife explained that residents may call in to find out information either from a specific department or, if uncertain, the receptionists generally can point the resident in the right direction. He commented that each property is unique as well as the parameters of each issue. He noted that the Code Enforcement Officer attempts to address the items whether by working with the violator to take care of the violation or when all else fails, taking the individual to court or clearing away the offending item and liening the property. He noted that the Officer attempts to not be used as a pawn by feuding neighbors.

Commissioner Herman commented that the Township Staff and Board members are open to suggestions from the public to give a better opportunity of understanding what the Board and staff are trying to do and to try to create an environment of good communication and be responsive when people have problems. He noted that the staff uses their professional judgment because in many instances, the problems are due to neighbors not getting along and want to use the tool of either the police or the local government to get back at someone.

There was a brief discussion regarding the Township’s website, emails, and contacting the office for questions or concerns.

Mr. S. E. Siuciak of 1215 Caroline Avenue expressed concerns that the Hospital made promises during planning stages and those items were never addressed. He noted that there was a promise made regarding trees, the South Road and two parking lots. He will compile a detailed list of conditions that the Hospital did not meet or address as part of their plan approvals to present to the Board.

Mr. Khalife and Mr. Best recalled going through Township records previously with Mr. Siuciak to determine if there were any outstanding conditions. Mr. Best noted that there may have been promises made but they were not documented as an agreement or condition that could be enforceable.

There was a discussion regarding dialogue taking place at either a Board or Planning Commission meeting as opposed to actual conditions that have been formalized in a resolution or agreement or documented as a note on a plan. Additionally, there was discussion on making statements under oath, Zoning hearing transcripts if an appeal is filed, and the costs of transcripts.

Mr. Siuciak asked questions regarding sewage allocations for the Hospital. He also asked questions on whether the Township had plans to extend water lines in other areas of the Township. He also inquired if he was ever going to meet with the hospital to tour the areas of the site that he and his neighbors had concerns with. He invited the Board to take a tour of his property to observe areas of concern.

Commissioner Herman expressed concern of having a quorum of the Board outside of a public meeting in which such a meeting could be construed to be deliberative.

Mr. Siuciak expressed his disappointment at not being invited or notified that some of the Board members were attending a tour of the Hospital facilities.

Mr. John Costello of 3611 Sunset Avenue expressed concern that the Hospital had at one point indicated it would be responsive to the damages to his property such as water coming into his basement as well as cracks in his patio, walls and garage due to vibrations from construction at the Hospital. He stated that when he attempted contacting representatives at the Hospital regarding the vibrations, they refused to come to his property and issued him a letter that his problems were due to settlement of his home.

Commissioner Herman noted that there are legal rights that the residents have to seek remedy, although they may not be enforceable by the Township. He explained some steps that could be taken for making a claim for damages.

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