Voting whether to waive a sidewalk and curb requirement has been a thorny issue for the Whitehall Township Board of Commissioners. The Feb. 11 meeting was no exception.

Board Secretary Paul Geissinger led a nearly 30-minute discussion with the commissioners, arguing it should not waive the township ordinance requiring missing sidewalks be installed on the north side of Pennsylvania Street from Virginia Avenue to Fifth Street in Fullerton.

However, only he and board President Linda Snyder voted against the waiver. Voting in favor were board members Philip Ginder, Clair Hunsberger, Dennis Hower, Gerard Palagonia and Thomas Slonaker.

With additional Community Block Development Grant (CDBG) funding provided by Lehigh County, the township added Pennsylvania Street to its 2013 streets improvement program. CDBG is a federally funded program, filtered through the state and the county, for disbursement to municipalities for projects such as the construction of handicapped curbs and sidewalks.

Township Surveyor Carl Lagler recommended granting the waiver, saying the matter was not addressed during budget talks because the township did not know it would receive additional CDBG funding.

Lagler said he met with the residents in the area and noted there were no objections. The topography and steep embankments played a role in his decision to recommend the waivers, he said.

"It's not out of the norm where we have streets out of the norm," Lagler said.

The township surveyor said he also took into account the volume of traffic in the area where the waivers are sought.

"I'm not going to have a paid township employee tell me how to vote," Geissinger said. "I don't think we're supposed to make a decision based on piecemeal, we're supposed to make a decision on the street entirely. Why not follow the ordinance?"

Lee Rackus, township director of zoning, planning and development, told the commissioners Lagler's recommendations and findings reflect the course he has followed for 30 years with the township. Ginder applauded.

Saying Lagler provided the facts, Rackus stated, "You [board] have to decide."

Palagonia also presented a strong defense for Lagler's work, ability and judgment.