TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
January 8, 2009

The Public Meeting of the Salisbury Township Board of Commissioners was held on the above date at the Township Municipal Building located at 2900 South Pike Avenue, Allentown, Lehigh County, Pennsylvania.

Members attending:
Larry Unger, President
James Brown, Vice-President
Robert Martucci, Jr.
Norma Cusick
Mary Yoder

Staff attending:
Randy Soriano, Township Manager
Cathy Bonaskiewich, Assistant Township Manager, Finance Director
John Andreas, Director of Public Works
Allen Stiles, Chief of Police
Cynthia Sopka, Director of Planning and Zoning
John Ashley, Township Solicitor
David Tettemer, representative of the Township Engineer.

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

PLEDGE OF ALLEGIANCE

NOTIFICATION
Mr. Soriano informed the attendees that all sessions of the Salisbury Township Board of Commissioners regular meetings are electronically recorded for the purpose of taking the Minutes. All public comments on agenda items would 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. Soriano announced that the Board of Commissioners recessed into an Executive Session on December 23, 2008 prior to adjourning the meeting in order to discuss a Personnel matter.

APPROVAL OF FINANCIAL REPORT AND BILLS PAYABLE
On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to approve the Financial Report for the period ending December 31, 2008 and the payment of the bills the period 12/22/2008 to 1/02/2009.

MINUTES
December 23, 2008
Commissioner Unger declared the December 23, 2008 Board of Commissioners Meeting Minutes approved as presented.

ORDINANCES
None.

APPOINTMENTS
Planning Commission (4 year term)
Mr. Soriano noted that several Boards will experience end of term for some officers.

Mr. Soriano brought forth the Planning Commission. Mr. Soriano noted that the current 4 year term of Mr. Richard Schreiter (4th Ward) is ending. The appointment is from the Fifth Ward.

Commissioner Yoder moved the reappointment of Mr. Richard Schreiter. Motion was seconded by Commissioner Cusick. Motion carried by unanimous voice vote.

Zoning Hearing Board (5 year term)
Mr. Soriano brought forth the Zoning Hearing Board. Mr. Soriano noted that the current 5 year term of James Kelley is ending. The appointment is from the Fifth Ward.

Commissioner Yoder moved the reappointment of Mr. James Kelley. Motion was seconded by Commissioner Brown. Motion carried by unanimous voice vote.

Recreation Advisory Committee (5 year term)
Mr. Soriano brought forth the Recreation Advisory Committee. Mr. Soriano noted that the current 5 year term of Walter Aungst is ending. The appointment is from the First Ward.

Commissioner Martucci moved the reappointment of Mr. Walter Aungst. Motion was seconded by Commissioner Cusick. Motion carried by unanimous voice vote.

Vacancy Board (one year term)
Mr. Soriano brought forth the Vacancy Board. Mr. Soriano noted that the 1 year term is ended 1/1/2008 but no appointment was made. The appointment this time is from the First Ward.

Commissioner Martucci moved the appointment of Mr. Dallas Heckman, 1754 Lehigh Avenue. Motion was seconded by Commissioner Cusick. Motion carried by unanimous voice vote.

Commissioner Martucci asked that all of the appointed officers be notified in writing. Mr. Soriano noted that letters will be sent to all of the officers.

RESOLUTIONS
Consideration of a resolution appointing an in-house Building Code Official and Code Enforcement Officer and establishing the salary for same.

Mr. Soriano noted that since the departure of the former Director of Planning & Zoning and the arrival of the new Director, they have explored ways to maximize the efficiency of the office by reassigning certain outsourced duties to the current Code Enforcement Officer. Mr. Soriano noted that the current Code Enforcement Officer has all of the certifications required by the PA Department of Labor & Industry to act as the Township’s Building Code Official that is currently outsourced to a third party agency. Mr. Soriano noted the BCO would coordinate permit reviews and building inspections with third-party code contractors and issue certificates of occupancy. Mr. Soriano noted that there is a new revised Job Description setting forth the new and additional duties for Mr. Nicolo.

Commissioner Martucci moved to approve the Resolution appointing Mr. Allessandro Nicolo as the Township Building Code Official and Code Enforcement Officer with a salary of $46,057 effective January 1, 2009. Commissioner Cusick seconded the Motion. The Resolution was adopted as read by unanimous voice vote.

The Commissioners individually spoke very highly of Mr. Nicolo’s work ethics and on his professional achievement.

MOTIONS
Consideration of a motion to revise the Code Enforcement Officer Job Description.

Mr. Soriano brought forth a Motion to approve a revised Job Description for the Code Enforcement Officer. Mr. Soriano noted that he eluded earlier to the changes in the job duties of Mr. Nicolo.

Motion by Commissioner Cusick to approve the revised Job Description for the Code Enforcement Officer. Seconded by Commissioner Brown. Motion passed by unanimous voice vote.

Consideration of a motion to authorize the execution of the Polling Place Agreement with the Lehigh County Election Board, contingent upon the receipt of the hold harmless agreement from the County.

Mr. Soriano noted that the Lehigh County Election Board is requesting that the Township sign a new polling place Agreement which extends from election to election unless either party gives the other 90 days written notice of termination. Mr. Soriano noted that this appears to be the only substantial change from prior agreements which were for a fixed three year term. Mr. Soriano noted that the Township is also requesting that the Agreement contain an indemnification and Hold Harmless clause, to be executed separately. Mr. Soriano noted that to date, the County has not responded to this request and therefore any approval of the Agreement should be contingent on execution of a Hold Harmless agreement. Attorney Ashley noted that he reviewed the Agreement and prepared the Hold Harmless Clause and is in proper legal form.

Motion by Commissioner Cusick to approve the Polling Place Agreement and to authorize the Township Manager to execute same after the receipt and approval of the Hold Harmless clause by the County of Lehigh. Motion was seconded by Commissioner Martucci. Motion passed by unanimous voice vote.

Consideration of a street tree removal request for 626 Scholl Avenue.

Mr. Soriano brought forth a request from Mr. Richard Horan, 626 Scholl Avenue, to cut down a tree in front of his home. Mr. Soriano noted that the Code Enforcement Officer inspected the tree and recommends its removal and replacement.

Commissioner Brown made a motion to approve the removal of a shade tree in front of 626 Scholl Avenue. Motion seconded by Commissioner Cusick. Motion passed by unanimous voice vote.

Mr. Soriano noted that he has seen several requests for tree removals over the past few months come in front of the Commissioners. Since the Township has opted not to create a Shade Tree Commission pursuant to Article XXX, Section 3020 of the First Class Township Code, it has elected to exercise all of the rights and perform the duties and obligation imposed upon the Shade Tree Commission. Mr. Soriano noted that however there has never been an effort to create an Ordinance to effectuate the obligations and govern how decision are made regarding planting, transplant and removal of shade trees on any street or highway. Mr. Soriano noted that in terms of enforcement it would be better to adopt rules and regulations to govern these actions. Unlike other municipalities which opted to create a Shade Tree Commission, the Township is operating under no existing rules or regulations. Mr. Soriano noted that he will explore creating an ordinance that will govern the conduct of officers and establish duties.

ADDITIONAL ITEM
Mr. Soriano discussed the engagement of engineering firms to prepare bid specifications for the generator at the Eastern Salisbury Fire Station. Commissioner Unger questioned why the Township needs to go out to bid for the equipment since it is a donation to the Volunteer Fire Department. A discussion ensued on the matter. Attorney Ashley opined that since the Fire Station building is owned by the Township, the generator would be part of the structure and subject to the procurement requirements of the First Class Township Code. Mr. Soriano noted that the cost of engaging a firm to develop bid specifications and drawings would probably be around $6,500.

A discussion ensued on what the customary reasonable fee would be for engaging a firm. Mr. Tettemer noted that it varies based on the type of work. Commissioner Martucci noted that he was advised by Albarell that they know an engineer that could do it for around $2,000. Mr. Soriano noted that he engaged Liberty Engineering to save time and they have done previous work for the Township, mainly on the generator for the Municipal Building. Mr. Soriano noted that if the Township were going to solicit other firms, then it should be done through a formal RFP process.

Jane Benning of 3111 Douglas Road informed the Board of her experience with a generator installation at her home.

Motion to authorize the Township Manager to solicit proposals from professional engineering firms for the preparation of Bid Specifications for the Emergency Electrical System/Generator at the Eastern Salisbury Fire Station at 1000 E. Emmaus Avenue.

Motion moved by Commissioner Cusick. Seconded by Commissioner Brown. Motion passed by unanimous voice vote.

OTHER BUSINESS
Mr. Charles Durner was present to answer any questions of the Board members relating to the 2008 year end reports he prepared on the drop-off centers, rainfall levels, and animal control enforcement.

Mr. Andreas commended Mr. Durner’s work at the drop-off centers. Commissioner Yoder inquired about the drop-off schedule and whether there were complaints about the hours.

Commissioner Cusick inquired about a contribution to the Children’s Christmas Fund.

Chief Stiles noted that the Police Department members contributed out of their own pockets towards the charity.

Commissioner Brown inquired about the status of the architectural firm proposal for the building design.

Mr. Soriano noted that he is meeting the architectural firm about their proposal.

Commissioner Martucci commented that he would like to proceed with the geese mitigation program at Laubach Park. A discussion ensued on whether to pick a particular package for vote. Commissioner Martucci noted that he would provide the Board with copies of the options.

It was noted that the recent rate increase was for refuse and recycling collection services only, not for grass collection. A discussion ensued on whether to continue the grass collection services and how to charge the individual person for grass collection services as opposed to passing on the charge to all residents.

PUBLIC COMMENT
No comments were presented from the audience.

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