TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
April 24, 2008

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:
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 the 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 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.

FINANCIAL REPORT AND PAYMENT OF THE BILLS
Commissioner Brown inquired about the number of hydrants that the Township pays to the City of Bethlehem.

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
The April 10, 2008 Board of Commissioners Minutes were not available for vote.

ORDINANCES
Consideration of an amendment to Ch. 27, Zoning, of the Code of Ordinances, as amended, with respect to Section 516(8) “Tree Harvesting” and Section 306(b) Table of Permitted Uses.

Mr. Best explained that the ordinance will primarily stay the same but would be changed allowing tree harvesting meeting Section 516(8) of the Zoning Ordinance to be permitted by right in all zoning districts which include the CR, R1, R2, R3, R4 and R5 districts. He noted that an applicant submits a permit application, pays the fee, and submits two copies of a tree harvesting plan which is then reviewed by the State and by the Township prior to being a permit being issued.

Attorney Ashley explained that a number of years ago, the State had amended the Municipalities Planning Code to require that all zoning districts allow tree harvesting as a permitted use. He noted that a tree harvesting entity had made a challenge to the Township’s ordinance which previously required that tree harvesting requests be made as a special exception. He noted that when the Township went to court over the matter, the judge indicated that the sections where the special exception requirements were set forth in the ordinance were inappropriate. He noted that the Township’s proposed ordinance amendments were reviewed by the State Forester and found to be adequate.

Commissioner Unger inquired whether there was a 5 year requirement for reforestation and whether there should be a clarification to the ordinance.

Mr. Best noted that the reforestation time frame would be based on the State Forester’s recommendations and outlined in the applicant’s reforestation plan. He noted that there is a five-year minimum waiting period for subdividing a lot that has been harvested. He noted that the language has not been changed from the original tree harvesting ordinance.

Attorney Ashley noted that the State Forester provided technical input and did not comment on a time requirement for reforestation having to be included in the ordinance.

There was a brief discussion regarding reforestation.

Attorney David Shutte, representing Township residents Mr. and Mrs. DeAngelis, was present in the audience. His comments were mostly inaudible (as recorded) although it is noted that he suggested that the Township could be in violation of the Court Order regarding the tree harvesting ordinance beyond the scope of just removing the special exception language.

Attorney Ashley disagreed that the Township would be in violation of the Order.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the ordinance amending Ch. 27, Zoning, of the Code of Ordinances, as amended, with respect to Section 516(8) “Tree Harvesting” and Section 306(b) Table of Permitted Uses.

RESOLUTIONS
None.

MOTIONS
Consideration of a motion to award the refuse/recycling contract to Waste Management for a three-year term identified as bid Option #4 to include the grass collection.

Commissioner Unger noted that since the Township has been able to do well with the recycling reimbursements, the Township would be able to utilize the funds to keep the residents’ bills at the same rate until the end of 2008. He commented that this would allow some time for the Township to come up with ideas for implementing some form of pay-asyou-go program for the grass collection.

Commissioner Cusick commented that the Township does not have any data on the number of homes that actually use the grass collection service.

Mr. Khalife noted that the Township does have the volumes of grass collected.

Commissioner Brown noted that it is difficult to track which homes put out grass, particularly when they may not put out grass for several weeks.

Commissioner Cusick inquired about the grass collection services of other surrounding municipalities. She expressed that the homes that use the service should pay for the service and those that do not should not have to pay.

Commissioner Brown commented that the Township should provide grass collection service for its residents; then, at least, the Board could take some time to figure out an alternative for paying for the service.

Mr. Ed Tremba submitted a petition with 71 signatures of residents who wish to have the grass collection services continue. He noted concerns with mulching grass and suggested that the Township refer to Lower Macungie Township for information on their program.

Mr. Khalife explained that there are different unintended results that can occur with the discontinuance of a service.

Mr. Carl Raub of submitted a petition with over 83 signatures of residents who wish to have the grass collection service discontinued. He noted concerns of rising costs for many residents, particularly senior citizens.

Carolyn Neal of 769 Public Road expressed that she did not want to acquire the additional cost for grass collection. She noted that the mulches her yard waste and grass and suggested incentives for people that are mulching and composting. She suggested increasing awareness and education on the benefits of mulching and composting.

Dale Grove of 2718 Kingsbridge Lane suggested opening the drop-off centers up to grass clippings.

Roberta Oldt of 1229 Marlow Street stated that none of her neighbors put out grass and she does not want to pay for a service she does not use.

Shirlee Lasso of 1624 Rader Street commented that she will send a bill to the 71 residents that signed a petition to continue the grass collection service.

Richard Hassick of 1815 Black River Road commented that his agreeable to having the grass collection service, so long as the residents that use the service bear the cost. He stated that most residents in his area do not use the service.

Marcia Velten of 1326 E. Emmaus Avenue commented that she never puts out grass clippings and does not want to pay for the service.

Madeline Lentz of 452 E. Emmaus Avenue expressed that she needs the grass collection service due to having a large lawn and she is physically unable to rake.

Lorrie Sheets of 927 Hawthorn Rd stated that she does not rake for various reasons including allergies and is willing to pay more money for the service. She commented that there are various other services and taxes which are inequalities that residents have to pay for even if the resident does not use the service such as school taxes and garbage collection.

David Sotak of 933 Hawthorne Road commented that the Township is doing a good job with its services at these prices and costs such as these are to be expected for a first class township such as Salisbury. He stated that he would like to see the grass collection service continue the way it has for the past 27 years.

Ron Sheets of 927 Hawthorn Road expressed that he would like the Board to work towards an alternative that may be both ecologically and economically sound to provide grass collection.

Dale Stephens of 2310 S. Dauphin Street commented that leaving the grass lay is good for the lawn and noted that he uses a recycling bin he obtained at a recycling seminar that he’s been filling for two years.

Mr. Khiet Luong from the PA Environmental Council noted that his organization would be willing to assist the Township in locating other municipalities who have alternative programs for handling grass and leaves.

Commissioner Brown thanked the residents for attending the meeting and expressing their viewpoints. He suggested several options for handling the grass collection such as to implement the service and have the Township bear the cost for grass collection, then either sell bags or stickers to people who use the service, or to bill a portion of the fee $7.50 or $8.00 to people who are going to use the service.

Commissioner Unger commented that if the Township enters into a contract, there would be a set cost. He commented that it would not be unreasonable to set a fee and have some of the money come out of the general fund. He suggested that the Township could use the funds reimbursed from the recycling to keep the costs per resident the same for the first two quarters of the new contract. He suggested that by the end of the year having a plan in place on how to pay for the grass collection.

There was a lengthy discussion to clarify the motion prior to voting on whether to enter into the contract for the full three year term with the grass collection included and if the cost per residents would remain the same until the end of the year.

Commissioner Martucci made a motion to award the refuse/recycling contract to Waste Management for a three-year term identified as bid Option #4 to include the grass collection (with the option that each year the Township has the ability to opt-out of the grass collection with sufficient notice), to utilize proceeds from our performance grant to maintain the current refuse rate through December 31, 2008, and to hold workshops to discuss the alternate ways to pay for the grass collection including user fees. The motion was seconded by Commissioner Cusick and unanimously approved by the Board of Commissioners.

Consideration of a motion to enter into a recycling reimbursement agreement with Green Star at the variable rate.

Mr. Khalife noted that GreenStar would reimburse the Township for processing the recyclables. He explained that Waste Management would collect the recyclables and deliver them to GreenStar. He noted that as the price of the metals and newspapers fluctuates over time, the Township’s reimbursement rate would fluctuate as well instead of being locked in at a fixed rate.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to authorize entering into a recycling reimbursement agreement with Green Star at the variable rate.

Consideration of a motion to enter into a maintenance agreement with Burkholders, Inc. for the Township’s HVAC system.

Mr. Dick Yeakel of Liberty Engineering gave an update on the Municipal Building HVAC system work that Burkholder performed and additional work that he recommends be addressed with the HVAC system. He also recommended that the Township enter into the maintenance agreement with Burkholder but check on any overlaps with the warranties.

On motion of Commissioner Cusick, seconded by Commissioner Brown, the Board of Commissioners voted unanimously to authorize entering into a maintenance agreement with Burkholders Heating and Air Conditioning, Inc. for the Township HVAC systems.

Additional Items
Consideration of a motion to authorize Spillman Farmer to conduct a feasibility study on the Police Building renovations.

Commissioner Unger noted that the original proposal was to authorize Spillman Farmer to perform a feasibility study utilizing the existing space to rework the Police Station. He noted that several deficiencies were shown and so the Township would like to look into the possibility of having an addition built with the feasibility study extension to not exceed $2,000.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to authorize Spillman Farmer to conduct an extension of the feasibility study on the Police Building renovations; not exceed $2,000.

Consideration of a letter of support to Fountain Hill, including a $1,000 commitment, towards a Renovation of Pool Bathhouse/Decking Feasibility Study for Stanley Avenue Phase IV.

Mr. Khalife noted that Salisbury residents utilize the Fountain Hill pool during the summer months and noted that the $1,000 commitment would be covered by a credit balance on the Township’s sewer bill from Fountain Hill.

On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to submit a letter of support to Fountain Hill, including a $1,000 commitment, towards a Renovation of Pool Bathhouse/Decking Feasibility Study for Stanley Avenue Phase IV.

PUBLIC COMMENT
Dale Grove inquired about an ordinance regarding height of weeds and maintaining yards.

OTHER BUSINESS
Commissioner Cusick inquired about an offer letter to the School District for the land on Emmaus Avenue.

The consensus of the Board was to wait until the end of April to have Attorney Ashley contact the School District to inquire whether a written offer is necessary before the School Board can consider the Township’s verbal offer.

Commissioner Cusick inquired about the next step in trying to determine how residents are using the grass collection service. The consensus of the Board was to discuss the matter at a future workshop meeting.

Commissioner Martucci inquired about status of work to be performed such as painting over graffiti at one of the parks and the replacement of a street sign at Hausman and Emmaus Avenue. He noted a resident’s request for increased patrols on Cardinal Drive due to suspicious activity.

Chief Stiles urged residents to contact the police department while illegal or suspicious activity is underway.

Commissioner Brown mentioned about a light post at the corner of Crownwood and The Strand lying on the ground. Chief Stiles noted that PP&L was notified.

Chief Stiles thanked the Salisbury Press for their coverage of police activity in Salisbury. He provided updates on recent police department activity and the police department’s upcoming 50th anniversary.

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