TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
August 27, 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-Excused
James Brown, Vice-President
Robert Martucci, Jr.
Norma Cusick
Dominic Giles

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 Brown, Vice President, 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 Township does archive its tapes and are available pursuant the Right-to-Know Law.

Mr. Soriano reminded everyone of the 3-minute rule and asked that everyone should sign in and announce themselves and speak in the microphones.

APPROVAL OF FINANCIAL REPORT AND BILLS PAYABLE
On motion of Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the Financial Report for the Period 7/31/2009 and Bills Payable for the period 08/08/2009 through 08/21/2009. (Commissioner Unger was not present for vote.)

MINUTES
August 13, 2009
Commissioner Brown declared the August 13, 2009 Board of Commissioners Meeting Minutes approved as presented.

NEW BUSINESS

ORDINANCES
Consideration of an Ordinance pursuant to Act 98 of 1992, Fire Insurance Proceeds. Mr. Soriano brought forth the Fire Insurance Proceeds Ordinance that the Board discussed at the work session and wanted to pursue, as follows:

ORDINANCE NO. 08-2009-
AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF SALISBURY, LEHIGH COUNTY, PENNSYLVANIA ADOPTING THE PROCEDURE AS SET FORTH IN ACT NO. 1992-98 OF THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA; PROVIDING FOR THE ISSUANCE OF THE CERTIFICATES REQUIRED THEREUNDER; PROVIDING FOR THE PAYMENT OF CERTAIN INSURANCE PROCEEDS TO SALISBURY TOWNSHIP PURSUANT TO SAID ACT AND PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF.

WHEREAS, the General Assembly of the Commonwealth of Pennsylvania enacted Act No. 1992-98 on July 9, 1992, which Act authorized Pennsylvania municipalities to enact an Ordinance adopting the procedures set forth in said Act relating to the payment of insurance claims with respect to losses incurred to structures situate within a local municipality and prescribing the procedures to be followed by such local municipality; and

WHEREAS, Salisbury Township desires to adopt the procedures and to require compliance with the provisions of the aforesaid Act of Assembly in order to protect the public safety and welfare of the citizens and inhabitants of Salisbury Township.

NOW, THERFORE, BE IT ENACTED AND ORDAINED by the Board of Commissioners of Salisbury Township, Lehigh County, Pennsylvania, and it is hereby enacted and ordained as follows:

SECTION 1. PURPOSE AND POLICY
The Board of Commissioners of the Township of Salisbury, Lehigh County, Pennsylvania, has determined that it is
in the best interest of the health, safety and welfare of the citizens and inhabitants of Salisbury Township to enact
this Ordinance adopting the provisions and requirements relating to the payment of certain insurance loss claims
as provided in Act No. 1992-98 of the General Assembly of the Commonwealth of Pennsylvania, as hereinafter
provided.

SECTION 2. DEFINITIONS
a. “Municipality” shall mean Salisbury Township, Lehigh County, Pennsylvania.
b. “Municipal Treasurer” or “Treasurer” shall mean the person duly appointed by Salisbury Township Board of Commissioners as the Township Treasurer from time to time
c. “Designated Officer” shall mean the person duly appointed by Salisbury Township Board of Commissioners from time to time to carry out the duties and responsibilities imposed pursuant to this Ordinance. Initially, the Designated Officer shall be the Township Secretary.

SECTION 3. ACTS PROHIBITED, PROCEDURE FOR ISSUANCE OF CERTIFICATES AND
PAYMENT OF LOSS CLAIMS
From and after the effective date of this Ordinance, it shall be unlawful for any person to pay or cause to be paid the proceeds of any insurance claim or policy to a named insured expect in compliance with Act No. 1992-98 of the General Assembly of the Commonwealth of Pennsylvania, enacted July 9, 1992, and in accordance with the provisions of this Ordinance and the following requirements and procedures:

A. No insurance company, association or exchange doing business in this Commonwealth shall pay a claim of a named insured for fire damage to a structure located within the Municipality where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500.00 unless the insurance company, association or exchange is furnished with a certificate pursuant to subsection B. of this section and unless there is compliance with the procedures set forth in subsections B. and C. of this section.

B. (1.) The Municipal Treasurer shall, upon the written request of the named insured specifying the tax description of the property and the date agreed upon by the insurance company, association or exchange and the name insured as the date of the receipt of a proof of loss of the claim, furnish the named insured either of the following, which shall then be supplied by the named insured to the company, association or exchange:
a. A certificate to the effect that, as of the date specified in the request, there are no delinquent taxes, assessments, penalties or user charges against the property and that, as of the date of the Treasurer’s certificate, the Municipality has certified any amount as total costs incurred by the Municipality for the removal, repair or securing of a building or other structure on the property; or
b. A certificate and bill showing the amount of delinquent taxes, assessments, penalties and user charges against the property as of the date specified in the request that have not been paid as of the date of the certificate and also showing, as of the date of the Treasurer’s certificate, the amount of the total costs, if any, certified to the Treasurer that have been incurred by the Municipality for the removal, repair or securing of a building or other structure of the property. For the purposes of this sub clause, the Municipality shall certify to the Treasurer the total amount, if any, of such costs.

(2.) Upon receipt of a certificate pursuant to clause (1)a. of this subsection, the insurance company, association, or exchange shall pay the claim of the named insured in accordance with the policy terms, unless the loss agreed to between the named insured and the company, association or exchange equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or other structure. In the case of such a loss, the insurance company, association or exchange, the insured property owner and the Municipality shall follow the procedures set forth in subsections C. and D. of this section.
a. Upon the receipt of a certificate and bill pursuant to clause (1)b. of this subsection, the insurance company, association or exchange shall return the bill to the treasurer and transfer to the Treasurer an amount from the insurance proceeds necessary to pay the taxes, assessments, penalties, charges and costs as shown on the bill. The Municipality shall receive the amount and apply or credit it to payment of the items shown in the bill.

C. When the loss agreed to between the named insured and the company, association or exchange equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or other structure, the insurance company, association or exchange shall transfer from the insurance proceeds to the Designated Officer of the Municipality in the aggregate of $2,000.00 for each $15,000.00 and each fraction of that amount of a claim, or, if at the time of a proof of loss agreed to between the named insured and the insurance company, association or exchange the named insured has submitted a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure, the insurance company, association or exchange shall transfer from the insurance proceeds the amount specified in the estimate. The transfer of proceeds shall be on a prorate basis by all companies, associations or exchanges insuring the building or other structure. Policy proceeds remaining after the transfer to the Municipality shall be on a pro rata basis by all companies, associations or exchanges insuring the building or other structure. Policy proceeds remaining after the transfer to the Municipality shall be disbursed in accordance with the policy terms. The named insured may submit a contractor’s signed estimate to the named insured if the Municipality has not commenced to remove, repair or secure the building or other structure.

D. Upon receipt of proceeds by the Municipality as authorized by this section, the Designated Officer shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing incurred by the Municipality. When transferring the funds as required in subsection C. of this section, an insurance company, association or exchange shall provide the Municipality with the name and address of the named insured, whereupon the Municipality shall contact the named insured, certify that the proceeds have been received by the Municipality and notify the named insured that the procedures under this subsection shall be followed. The fund shall be returned to the named insured when repairs, removal or securing of the building or other structure have been completed and the required proof received by the designated officer if the Municipality has not incurred any costs of repairs, removal or securing. If the Municipality has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund, and, if excess funds remain, the Municipality shall transfer the remaining funds to the named insured. Nothing in this section shall be construed to limit the ability of the Municipality to recover any deficiency. Further, nothing in this subsection shall be construed to prohibit the Municipality and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.

SECTION 4. PENALTIES
Any violation or failure to comply with any provisions of the Ordinance shall constitute a summary offense. Any person, partnership or corporation who or which shall violate any of the provisions of this Ordinance shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $1,000.00. In default of payment of the fine, such person, the members of such partnership, or the officers of such corporation shall be liable to imprisonment for not more than 30 days. Each day that a violation is continued shall constitute a separate offense. All fines collected for the violation of this Ordinance shall be paid over to the Municipality.

SECTION 5. SEVERABILITY
The provisions of this Ordinance are severable. If any provision thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstances, such invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions of this Ordinance or their application to other persons and circumstances. It is hereby declared to be the legislative intent that this Ordinance would have been adopted if such invalid or unconstitutional provision had not been adopted if such invalid or unconstitutional provision had not been included therein and if the person or circumstances to which the Ordinance or any part thereof is inapplicable had been specifically exempted there from.

Mr. Soriano explained that this Ordinance would require the homeowner insurance company not to settle a claim where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500.00, unless the insurance company is furnished with a certificate by the Township that all taxes and assessments have been paid. The Ordinance also requires that when the loss agreed to between the named insured and the insurance company equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building, the insurance company shall transfer from the insurance proceeds to the Designated Officer of the Municipality in the aggregate of $2,000.00 for each $15,000.00. It also requires that the fund shall be returned to the named insured when repairs, removal or securing of the building or other structure have been completed and the required proof received by the designated officer if the Municipality has not incurred any costs of repairs, removal or securing. If the Municipality has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund, and, if excess funds remain, the Municipality shall transfer the remaining funds to the named insured. The implementation of this Ordinance will be done through the Code Official in coordination with the Township Treasurer.

Commissioner Martucci inquired if the Township had done anything with the four months requirement that would allow the property owner to commence any action on bringing the fire structures up to code. Mr. Soriano noted that this Ordinance does not address this requirement that is part of the Private Property Maintenance Ordinance that makes it unlawful the following:

Any house, trailer, mobile home, garage, barn or other structure or building of any kind which has been damaged by fire and presents a danger to the public health, safety, and welfare by collapsing or otherwise, or the remains of or debris from any house, trailer, mobile home, garage, barn or other structure or building of any kind damaged by fire, within one hundred twenty (120) days of the fire, if no evidence of repairing said damage has been instituted.

Commissioner Martucci believed that the timeframe of this requirement is problematic and should be reviewed to see if it could be shortened. Mr. Soriano noted that this is a separate issue, but nonetheless will be reviewed by the Code Officer and a report will be issued.

Commissioner Cusick made a motion to adopt Ordinance 08-2009-550 which would adopt additional regulations governing fire structures pursuant to Act 98 of 1992. Commissioner Martucci seconded the Motion. Motion passed by unanimous voice vote. (Commissioner Unger was not present for vote)

Consideration of an Ordinance amending Ch. 16 of the Code of Ordinances, Parks and Recreation, Part 1, in its entirety and to promulgate new Rules governing the use of Parks and Playgrounds.

Mr. Soriano brought forth the Ordinance that would reenact Part 1 of Chapter 16 Parks and Recreation to revise and promulgate new rules governing Township Parks and Playground, as follows:

ORDINANCE No.___
An Ordinance by the Board of Commissioners of the Township of Salisbury, Lehigh County, Pennsylvania, amending Chapter 16 of the Code of Ordinances, Parks and Recreation, to restate Part 1, in its entirety and promulgate new Rules governing the use of Parks and Playgrounds.

NOW THEREFORE, BE IT ORDAINED AND ENACTED by the Board of Commissioners of the Township of Salisbury, Lehigh County, Pennsylvania, after review, investigation and study, that Chapter 16 of the Code of Ordinances, entitled “Parks and Recreation”, Part 1, shall be amended in its entirety and new Rules and Regulations governing the use of Parks and Playgrounds within the Township of Salisbury shall be promulgated as follows:

Part 1
Use of Public Parks and Playgrounds
Section 101- Purpose
It is the intent , purpose and scope of this Ordinance to ensure the preservation of outdoor public parklands, outdoor recreation facilities and outdoor playground areas within the Township of Salisbury for the perpetual enjoyment of the residents of the Township of Salisbury, to regulate activities within these areas consistent with the enjoyment of natural settings and park facilities and to prevent any nuisances to the residents of the Township of Salisbury in the use of such public parklands, recreation facilities and playground areas or in the enjoyment of private property adjacent to such areas.

Section 102. Definition of "Township."
As herein used, "Township" shall mean the Township of Salisbury, Lehigh County, Pennsylvania.

Section 103. Definitions of "Public Park" and "Public Playground."
As herein used, "Public Park" and "Public Playground" shall mean any park or playground owned or leased by the Township of Salisbury and made available to the public for park or recreational purposes, unless otherwise stated.

Section 104. Park and Playground Hours.
All public parks and playgrounds shall be open only during the period from one-half (1/2) hour after sunrise to onehalf (1/2) hour after sunset and no person shall go into or upon any public park or playground after one-half (1/2) hour after sunset, except for special occasions recognized and authorized by a duly-authorized Township official. The recreation places shall be open to the public from May 1st through October 31st of each year and from dawn till dusk each day. Pavilions shall not be available during the annual Summer Playground program. The recreation places shall be closed to the public from November 1st through April 30th of each year. Any person or persons found within said recreation places when same are closed as provided in this Ordinance shall be guilty of violating this Ordinance.

Section 105. Vehicle Regulations.
No person shall drive or park any automobile, motorcycle, or other type of motor vehicle of any kind in, on, or upon any public park or playground except upon streets, roadways, or parking areas constructed or designated for such driving or parking and not posted with signs providing otherwise. No person shall drive or park any automobile, motorcycle, or other type of motor vehicle of any kind in any part of any public park or playground, including any parking lot or area provided for parking in connection with such public park or playground, at any time when such public park or playground is not open as provided in Section 104 of this Part 1.

Section 106. Property Destruction.
No person shall within any public park or playground pick any flowers or shrubbery, cut, injure or destroy any trees, shrubbery or plants, willfully mark, deface, disfigure, injure, tamper with, displace, or remove, any building, bridges, tables, benches, fireplaces, fountains, railings, paving or paving material, waterlines, sewer lines, signs, notices or placards (whether temporary or permanent), monuments, stakes, posts, or other boundary markers, or any other equipment, structures, utilities or facilities, or appurtenances thereto, whether real or personal, in, on, or at any public park or playground.

Section 107. Littering Prohibited.
No person shall bring or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, paper, waste, garbage, or refuse, or other trash in or on any public park or playground except to place the same in proper receptacles where such are provided. Where receptacles are not so provided, or have no remaining unused capacity, all such rubbish or waste shall be carried away from the park or playground by the person responsible for its presence, and properly disposed of elsewhere.

Section 108. Restroom and Washroom Regulations.
No person shall do anything in or to any restroom or washroom or part thereof at any public park or playground for which the same was not intended and/or which results in an unsanitary condition.

Section 109. Age Restriction on Use of Restroom Facilities.
No person over the age of six (6) years shall use or go into any restroom or washroom at any public park or playground designated for use by the opposite sex.

Section 110. Fires.
No person shall build a fire in or on any public playground, and no person shall build a fire in or on any public park except in fireplaces provided for that purpose or in grills brought to the park for that purpose as approved for use by the Township and such approval be noted on the permit.

Section 111. Animals.
No person shall bring any animal upon any public park or playground with the following exceptions:

A. Dogs necessary for assistance to vision impaired or otherwise physically disabled individuals who require the aid or assistance of a trained dog.

B. Animals used in connection with, or participating in, activities or programs sponsored or authorized by the Township as part of its recreation program.

C. Properly licensed dogs are permitted in specifically designated parks marked with signage when the dogs are controlled by a leash. Owners/handlers of such dogs shall be required to immediately remove any feces caused by the animal and to place same in a non-leaking container for deposit in a trash or litter receptacle.

Section 112. Rules and Regulations governing Township Parks and Recreation Areas.
The Salisbury Township recreation places are for the benefit and pleasure of the residents of the Township of Salisbury, Lehigh County, PA and all persons who use the said facilities shall be subject to the Rules and Regulations as set forth below:

A. Any of the listed acts are prohibited within any Salisbury Township Park or recreation place unless noted otherwise:
1. Committing any disorderly act. A person is guilty of committing a disorderly act if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he/she engages in fighting or threatening; or in violent or tumultuous behavior; makes unreasonable noise; uses obscene language, or makes an obscene condition by any act which serves no legitimate purpose of the actor.
2. Consuming any alcoholic beverages.
3. Being visibly intoxicated.
4. Carrying, setting off, or discharging any firearms, air rifles, air pistols, sling shots or fireworks, including sparklers.
5. Throwing or propelling stones or missiles of any kind.
6. Permitting animals of any kind to be within such recreation places, whether or not under control or leash; unless otherwise posted.
7. Littering, throwing, depositing or draining any offensive or unwholesome substances or liquids of any kind.
8. Writing, painting, carving, or otherwise defacing or disfiguring any tree, bench, structure or notice posted within the recreation places.
9. Operating a licensed motorized vehicle on other than the paved roadways of parking areas of said recreation places. On-street parking prohibitions shall be strictly adhered to.
10. Operating a licensed motorized vehicle on the paved roadways or parking areas of said recreations places at a speed in excess of ten (10) miles per hour.
11. Operating a bicycle, skateboarding, rollerblades in playground areas, or an unlicensed motorized vehicle, remote control planes and/or cars.
12. Obstructing, in any way, either totally or partially, any of the paths or roadways in said recreation places.
13. Picking or carrying any flowers, shrubs or trees that are growing or located in the recreation places.
14. Possessing any axe, saw, picks, shovels, hoes or spades.
15. Building, starting or lighting any fires, except within the grills provided or in the grills approved for use.
16. Feeding of any geese or waterfowl or injuring or destroying any wildlife where applicable
17. Hitting or driving golf balls or playing baseball, tennis, football, or any other game or sport at a place not designated for that purpose.
18. Using any sound amplification devices.
19. Erecting any amusement structure, devices or rides.
20. Washing or repair of motor vehicles.
21. Hunting prohibited unless approved by the Township.

(THIS SECTION IS OPTIONAL-It may be part of the Rules and Regulations adopted by Resolution.)
Organizations/Businesses leasing the pavilion area are required to provide a certificate of insurance in the amount of $1,000,000 and name the Township as additional insured.

The recreation places shall be open to the public from May 1st through October 31st of each year and from dawn till dusk each day. Pavilions shall not be available during the annual Summer Playground program. The recreation places shall be closed to the public from November 1st through April 30th of each year. The recreation places shall further be closed to the public from May 1st through October 31st of each year from dusk till dawn each day. Any person or persons found within said recreation places when same are closed as provided in this Ordinance shall be guilty of violating this Ordinance.

Anyone or any group desiring to use the pavilion facilities of any recreation places shall secure a permit from the Township in advance and shall pay the established fee and/or security deposit. Such permit shall be displayed on the premises and available upon demand.

Any Cancellation or schedule change less than seven (7) business days prior to the reserved time will not be eligible for a refund.

Prior to the issuance of any permit, all users of the pavilion shall agree to be held responsible for any damage to trees, buildings and facilities of the Township and the satisfactory cleaning up of the premises. Any expense incurred by the Township in repairing damaged property or cleaning of debris shall be billed to and paid by the individual or group issued the permit. The Township also may retain any of the security deposit necessary to repair any damaged property or clean any debris.

The Township assumes no responsibility for injury or death of any individual occurring within the recreation places and all users of said recreation places hereby agree to assume the risk of any such injury or death.

Any person to whom a permit is issued for the use of the pavilion facilities or any recreation places shall be responsible for those persons using said pavilion facilities, and shall be present at the recreation place on the date and during the times for which the permit was issued and must possess and be able to produce the permit at all times. The Township reserves the right to refuse any permit requested.)

B. The following additional rules are applicable to the specific park as noted below:
1. River Road Park
• Pavilion shall be reserved to parties not exceeding 15 persons

2. Laubach Park
• Pavilion shall be reserved to parties not to exceed 60 persons

3. Franko Farm Recreation Area
• Pavilion # 1 shall be reserved to parties not to exceed 40 persons
• Pavilion #2 shall be reserved to parties not to exceed 60 persons
• Dogs on leash are permitted.
• Hunting permitted by permit only during periods specified by the Township

4. Lindberg Park
• Pavilion shall be reserved to parties not to exceed 90 persons

5. Devonshire Park
• Pavilion shall be reserved to parties not to exceed 50 persons

6. Green Acres Park
• Pavilion shall be reserved to parties not to exceed 40 persons.
• Grills shall not be allowed on the park unless approved by the Township
• All garbage shall be disposed in accordance with Section 106
• Operating a licensed motorized vehicle on other than the paved roadways of parking areas of said recreation places.
• On-street parking prohibitions shall be strictly adhered to.

Section 113. Penalties.
Any person or persons who violate any provision or prohibition of this Part 1 shall be guilty of a summary offense and, upon conviction thereof, shall be sentenced to pay a fine of not more than three hundred dollars ($300.00) together with costs of prosecution and in default of payment thereof, to undergo imprisonment for not more than ninety (90) days.

Mr. Soriano noted that a copy of the Ordinance was sent to Ms. Sally Taggart, spokesperson for the neighbors that initially brought up several issues concerning Green Acres Park. Mr. Soriano also noted that the residents had very few comments and their changes were reviewed and added to the Ordinance.

Mr. Durner was also asked to review the Ordinance along with the Chief of Police and Public Works Director and other staff. Mr. Soriano noted that Frank McCullough, long-time resident and former Commissioner and member of the Recreation Advisory Board, also provided input. Mr. Soriano noted that it is now up to the Board to decide on the revisions.

Commissioner Martucci asked Chief Stiles for his comments. Chief Stiles commended Mr. Soriano on a good job of pulling all the recommendations together. He stated that he believes the new rules would now allow the township to effectively oversee the parks in order to make them a safer place for people to use. The Chief said that there are still things needed at the park, but commended Mr. Andreas on putting up new signage, and also noted the traffic coordinator did a comprehensive study of the whole area for traffic concerns and came up with a lot of different recommendations. The police department was not able to complete the traffic counts because they had a problem with the battery pack, but the Chief expects that within the next week, they will be able to resume the traffic counts and come up with some more recommendations for the speed limits and other possible signage in the area.

Several residents spoke about the proposed new Ordinance:
Mr. James Kernan of 2603 Green Acres Drive expressed his appreciation to the Township Manager and the Chief because he felt that real progress had been made in the writing of the Ordinance. However, Mr. Kernan is concerned about the honesty of the people filling out the applications in regards to the number of people they say will be using the pavilion. He would like to see people fined if they go over the 40 people allotment in Green Acres Park. Commissioner Martucci pointed out that in Section 113 entitled Penalties; it does say that there is a $300 fine if someone violates the Ordinance. Mr. Kernan then asked the Chief if he is able to enforce that rule. The Chief explained that although he can enforce anything based upon an Ordinance, the District Court has the final decision on any citations and enforcement.

Keith Bauer of 2749 Andrea Drive wanted to know if it was possible to track the number of complaints that come in for a particular gathering and that record be checked before the person who reserved the pavilion gets his/her security deposit back. Mr. Soriano replied that he was not sure if that would hold up in court because the deposit is for tangible damages to the park after an event.

Attorney Ashley commented that the difficulty is in determining if a violation was in fact made. He gave the example that just because the neighbors call in and complain a lot, does not necessarily mean the people are in violation, it just means they are irritating the neighbors.

Mr. Bauer then asked if the person’s name could be kept on file and the next time he/she would want to reserve a pavilion, they might be turned down for causing a ruckus the last time. Chief Stiles indicated that it is easy to put someone else’s name on the permit and then have the same group of people come back. Mr. Soriano assured Mr. Bauer that the Township would closely scrutinize the permits and send reminder letters prior to the event to the renter. Mr. Bauer then thanked the Board for putting up the blue and white 25 mph sign on Andrea Drive and Ott Street, but wanted to know if anything had been addressed on Green Acres Drive yet.

Mr. Andreas explained that new signage was installed as far as the park signs on Green Acres Drive. He also indicated that there were new signs put up on Andrea Drive, and new “No Parking” signs were written out rather than just the usual symbols that were in place beforehand. In addition, Public Works removed the blue and white signage on either side of the park because those spots were not controlled intersections. Mr. Bauer then asked to have a 3-way stop sign put in at the end of Miller Street where it intersects with Andrea Drive. Mr. Andreas responded that no, there would be no stop sign put in because after assessing the situation, the conditions do not warrant it.

Chief Stiles reiterated that the police department is not finished with the full traffic assessment. Once it is completed, they will know if additional signage is needed.

Commissioner Cusick made a motion to adopt Ordinance 08-2009-550 which would adopt new rules and regulation for the Township Parks. Commissioner Martucci seconded the Motion. Motion passed by unanimous voice vote. (Commissioner Unger was not present for vote) [Commissioner Unger, President arrived at approximately 8:10 p.m. to make it a full Board.]

RESOLUTIONS
Consideration of a Resolution reaffirming the Board recommendation to the Volunteer Fire Company concerning the sale of decommissioned ambulances formerly used by the Ambulance Corps.

Mr. Soriano noted that the Board should go on record reaffirming his request to the Fire Department not to sell the Ambulances. Mr. Soriano noted that the two correspondences received from the Fire Department indicated that an action to sell the ambulances may take place before the Board has had a chance to decide on the issue. Mr. Soriano noted that he has prepared a Resolution to further strengthen the resolve of the Board that was initially communicated to the Fire Department via a letter. Commissioner Brown reviewed the Resolution as follows:

RESOLUTION NO. 08-2009-1330
BY THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF SALISBURY, LEHIGH COUNTY, PENNSYLVANIA, REQUESTING THE EASTERN SALISBURY VOLUNTEER FIRE DEPARTMENT NOT TO TAKE ANY ACTION ON RELINQUISHING, SELLING AND/OR DISPOSING OF ANY CAPITAL EQUIPMENTS AND VEHICLES ASSOCIATED WITH THE FORMER OPERATION OF THE AMBULANCE CORPS.

WHEREAS, on or about May 4, 2009, the Eastern Salisbury Fire Ambulance and Rescue Company, hereinafter the “Company”, through their elected officers issued a letter to its members of their decision to discontinue their EMS operations effective June 30, 2009; and

WHEREAS, at the May 14, 2009 Board of Commissioners meeting, the officers of the Company were present to formally announce to the Board of Commissioners, hereinafter the “Board”, of their decision of May 4, 2009, and

WHEREAS, at the May 14, 2009 Board meeting, Gloria Hinkle, the Ambulance Chief of the Eastern Salisbury Ambulance Corps, hereinafter “Corps” requested that the Board assist them on studying the feasibility of the Ambulance Corps branching on its own and form their own corporation; and

WHEREAS, at the May 28, 2009 Board meeting the Board accepted a proposal from the Accounting Firm Todd C. Bushta, LLP to conduct an independent audit of the Company, hereinafter “Audit” and authorized the Township Manager to engage a consulting firm to undertake an operational assessment study of the Corps; and

WHEREAS, The Township Manager on July 10, 2009 retained the Executive Service Corps of the Lehigh Valley to assist in reviewing the current operational status of the Corps in order to determine the feasibility of operational continuance of the Corps and alternatives for EMS services for the citizens of Salisbury Township, hereinafter “Study”; and

WHEREAS, at the August 13, 2009 Board meeting several members of the Corps apprised the Board that the Company was ready and would dispose and sell all of the ambulances and equipment associated with the former Corps’ operation; and

WHEREAS, the Board believes that such action by the Company would adversely impact on their ability to decide on a course of action before the review and receipt of the Audit and Study and authorized the Township Manager to notify the Company not to dispose of any ambulances and equipment until a decision is reached by the Board; and

WHEREAS, on August 14, 2009, by email, the Township Manager notified the Company of the Board intentions concerning the disposition of the ambulances; and

WHEREAS, on August 18, 2009, a response was received by the Company that the decision would not be made before the August 27, 2009 Board meeting but that a formal vote on the sale of the ambulances would take place on September 2, 2009; and

WHEREAS, The Audit and Study has not been completed by the August 27, 2009, Board meeting and the Board has not decided on a course of action.

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Township of Salisbury, Lehigh County, Pennsylvania, and it is hereby resolved by the same that:
1. All Whereas clauses are incorporated by reference.
2. The Board respectfully requests that the Company postpone any formal action on the sale of vehicles and equipment associated with the Corps after such time the Board has concluded the review of the Audit and Study and a decision has been reached by the Board on delivering EMS service for the Fire District 20.
3. The Township Manager and one Commissioner attend the August 31, 2009 meeting requested by the Company to exchange opinions and present the Resolution.
4. The Board appoints Commissioner Martucci to be their representative at this meeting.

Mr. Soriano noted that the Board would need to select a member to attend the August 31, 2009 meeting on behalf of the Board. Commissioner Cusick suggested that Commissioner Martucci could be their representative. The Board agreed. Mr. Soriano also updated the Board that the Audit may be completed by mid-September, but did not see the urgency to move on.

James Laczo of 779 Public Road expressed concern about the existing accounts and assets that the Ambulance Corps has. Attorney Ashley stated that the Board is aware of that and they will keep an eye on it.

Commissioner Cusick questioned the legality of the Board being able to hold up the sale of the ambulances. Attorney Ashley replied that since they are the property of the Fire Department, they have the ability to dispose of them. Mr. Soriano indicated that it would require doing some research of how those ambulances were acquired, but Commissioner Unger stated that the Township never paid any funds towards the ambulances. Mr. Soriano then reiterated that the proposed resolution is basically stating that the Board is respectfully requesting them to hold off on the sale of the ambulances until the Board has had a chance to review everything. Also, it states that if the Fire Department would vote to sell the ambulances at their meeting, there is nothing that the board could legally do to stop that sale.

Commissioner Cusick moved to adopt the Resolution as read. Commissioner Brown seconded the motion. Resolution No. 08-2009-1330 was passed by unanimous voice vote.

MOTIONS
Consideration of a Motion to authorize Payment #1 to Doli Construction Corporation in the amount of $89,626.95 for work performed on the South Filbert Street Water and Storm Sewer Improvements Project

Mr. Soriano noted that the enclosed payment request is for work that is currently in progress at South Filbert Street. The original contract price was $252,567. Mr. Soriano noted that the request of $99,585.50 represents the total completed to date. The total requested is $89,626.95, which includes a retainage of 10%. The breakdown is therefore the following: Water Improvements-($95,375.50-less 10%) $85,837.95; Storm Sewer Improvements ($4,210 less 10%) $3,789.00. Quantities have been checked and approved by both the Township Engineer and Public Works Director.

Commissioner Cusick asked the Public Works Director, John Andreas, on the progress of the work and suggested that the work be completed before school opens. Commissioner Cusick noted that perhaps Mr. Andreas should communicate with the School District and alert them of the potential hazard on Emmaus Avenue in regards to the school bus stop. Mr. Andreas noted that he will contact the School Transportation Director to discuss this matter.

Commissioner Cusick made a motion to approve Payment #1 to Doli Construction Corporation in the amount of $89,626.95 for work performed on the South Filbert Street Water and Storm Sewer Improvements Project. Motion seconded by Commissioner Martucci. The motion passed by unanimous voice vote.

Consideration of a Motion to authorize Payment #3 (Final) to Fleetwood Industrial Products Inc, in the amount of $19,856.95 for work performed on the Flexer Avenue Water Pump Station Upgrade project.

Mr. Soriano noted that this payment is for the Fleetwood Industrial Products, Inc. which was hired to complete the Flexer Avenue Water Booster Pump Station. Mr. Soriano noted that this contract that was awarded in 2006 was for upgrading the booster pump. The Public Works Director has provided information as follows:

The Flexer Avenue Water Booster Pump Station Upgrade Project was designed and bid in 2006. Notice to Proceed was issued to Fleetwood Industrial Products Inc. on December 18, 2006. The Upgrades increased pump capacities from 400 GPM to 640 GPM. Pump Stations efficiencies were maximized by installing a variable frequency drive controller, with custom programming, and upgrading the pump motors to premium efficiency models.

The Project was funded through our capital construction budget, as well as, a Lehigh Valley Hospital contribution. This work has been ongoing but substantially completed for the past 2 year and functioning extremely well. Final payment requirements were recently submitted and processed.

Mr. Soriano indicated that both the Township Engineer and the Public Works Director recommend approval of the payment in the amount of $19,856.95.

Commissioner Cusick made a motion to approve Payment #3(FINAL) to Fleetwood Industrial Products in the amount of $19,856.95 for work performed on the Flexer Avenue Water Booster Pump. Motion seconded by Commissioner Brown. Motion passed by a unanimous voice vote.

Consideration of a Motion to authorize Escrow Releases #9 ($11,451.30) and #10 ($8,766.02) for the Southbury Park development.

Mr. Soriano noted that the Developer is requesting the release of $11,451.30(#9) associated with the installation of a basin fence and $8,766.02(#10) which includes permanent seeding and erosion controls. The Township Engineer has recommended approval. After these releases, there will still be an approximate balance of $274,000.00 in the improvement agreement escrow.

Commissioner Cusick asked Mr. Tettemer whether he had visited the site and inspected the improvements. Mr. Tettemer noted that he was on-site and it appeared that everything was holding stable and working well.

Motion by Commissioner Cusick to authorize the request of the release of $11,451.30 (#9) associated with the installation of a basin fence and $8,766.02 (#10) which includes permanent seeding and erosion controls. Commissioner Martucci seconded the motion. Motion passed by unanimous voice vote.

PUBLIC COMMENT
None

OTHER BUSINESS
Commissioner Unger brought up the closing of the South Branch of the Allentown Public Library due to the No Budget Funding.

Mr. Soriano commented that the closing of the South Branch is not a done deal, but more of an interim decision pending state budget approval. Mr. Soriano said that he was told there would be minimal impact on Salisbury Township based on data that indicates not many residents use that library. He also noted that residents still have library access by way of the Main Library in Allentown as well as the Emmaus Library. Mr. Soriano said that he will look at the issue again when they get the finalized state budget numbers.

Commissioner Cusick commended the School Resource Officer, Sergeant Sabo, and his presentation to the Salisbury School District School Board. Commissioner Cusick commented that everyone in the school district is disappointed that he is leaving, but appreciated being introduced to his replacement, Officer Chris Casey.

Chief Stiles announced that there will now be an officer stationed at Harry S. Truman Elementary School. Officer Kevin Kress is the new community police officer and he will be working out of the police substation at Truman Elementary School, which was made available for use as a substation by the School District. The Chief said that Officer Kress will be able to use that as a base of operations for taking care of the residents in the First and Second Wards, as well as the School. Chief Stiles noted that the department is looking into the possibility of another substation at the intersections of Susquehanna and Emmaus and Broadway.

On behalf of the members of the Board of Commissioners, Commissioner Cusick praised Mr. Lee Chizmar, a graduate of Salisbury School District, on the success of his restaurant Bolete.

ADJOURNMENT
As no other business was presented, on Motion by Commissioner Cusick and seconded by Commissioner Martucci the meeting was adjourned. The Commissioners reconvened for the Workshop meeting. The time was 8:45 p.m.