TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
DECEMBER 10, 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-Arrived at 7:45 p.m.
James Brown, Vice-President
Robert Martucci, Jr.
Norma Cusick—EXCUSED
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.

Mr. Soriano also acknowledged the presence of Commissioners-Elect Seagreaves and Ackerman.

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

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 three-minute rule and asked that everyone should sign in and announce themselves and speak in the microphones.

APPROVAL OF  BILLS PAYABLE
On motion by Commissioner Martucci, seconded by Commissioner Giles, the Board of Commissioners voted 3-0 to approve the Bills Payable for the period 11/21/2009 through 12/04/2009.

MINUTES
November  23,  2009
Commissioner Brown declared the November 23, 2009 Board of Commissioners Meeting Minutes approved as presented. 

OLD BUSINESS
None

NEW BUSINESS

ORDINANCES
Consideration of an Ordinance regulating the operation and use of All-Terrain Vehicles (“ATVs”) within Salisbury Township and providing penalties for violations.
Mr. Soriano provided a short overview of Ordinance No. 12-2009-552. He noted a correction to Section 2(B) (1): Setback Requirements on the third line, “…. permission…. has been obtained by FROM the adjoining property owner”.  Mr. Soriano noted that the Ordinance, in final form and with amendments, was advertised.

Mr. Soriano stated that the definition of ALL TERRAIN VEHICLES (ATVs) is: “a motorized off highway vehicle which travels on three or more inflatable tires and which are (1) a maximum width of 50 inches and a maximum dry weight of 800 pounds; or (2) a width which exceeds 50 inches or a dry weight which exceeds 800 pounds.  The term “ATV” shall not include motorized vehicles for law enforcement, fire, emergency, fire emergency, military, or other authorized government purposes, or off-road motorized vehicles used as utility vehicles for agriculture, husbandry, lawn care, snow removal or business operations.” Regulations apply to only the use of ATVs on private property. The ATVs must be used not more than 300 feet from an adjoining property unless the neighbors agree to a lesser setback and not more than 50 feet from sensitive environmental areas. Only two ATVs can be in operation at the same time and only from 9:00 am to dusk. The ATV use cannot generate noise, dust and fumes that would cross over to the neighboring properties and ATVs cannot be altered in any way and must have the original exhaust equipment. ATVs are not permitted on public lands unless the Township approves such a use. Enforcement will be shared by both the Police Department and Code Official and there are progressive steps to follow starting with a warning, and leading to a summary offense with afine of $600.00 for a second offense (following a verbal warning), and $1,000 for a third offense.  Each day that a violation continues, it shall be considered a separate violation. The Ordinance shall be effective 15 days from its enactment, which is December 25, 2009. 

Commissioner Martucci moved to adopt the Ordinance regulating the operation and use of All-Terrain Vehicles (“ATVs”) within Salisbury Township. Commissioner Giles seconded the Motion. Motion was approved 3-0.  Commissioner Unger was not present for vote.
           
RESOLUTIONS
None

MOTIONS

Consideration of a Motion to reschedule and authorize advertising the second Board of Commissioners Meeting in December for Tuesday, December 22, 2009 at 7:30 p.m. due to the holidays.
Motion by Commissioner Martucci to authorize the Township Manager to advertise the December 22, 2009 meeting in accordance with the Township Code.  Commissioner Giles seconded the motion. Motion was approved 3-0.  Commissioner Unger was not present for vote.
Consideration of a Motion to authorize Final Payment for the Filbert Street Water and Storm Sewer Improvements Project in the amount of $272,511.20.

Mr. Soriano noted that the Engineer and Public Works Director are recommending that the Board table this matter since there are still some items that need to be verified.

Motion by Commissioner Martucci to Table the Final Payment for the Filbert Street Water and Storm Sewer Improvements Project in the amount of $272,511.20. Commissioner  Giles seconded the motion. Motion was approved 3-0.  Commissioner Unger was not present for vote.

APPOINTMENTS
Consideration of a nomination for appointment to the Environmental Advisory Council.

Mr. Soriano noted that the resignation of Fritz Brock representing Ward 4 prompted Commissioner Brown to review three applicants. The applicants include Samantha Dorney and Sandra Thomas from Ward 1, and Mr. Glenn Miller from Ward 4.

Commissioner Brown brought forth the nomination of Mr. Miller who is a Senior Environmental Consultant working for the Spotts, Stevens, & McCoy Engineering Firm.  Commissioner Brown commented that Mr. Miller is in the audience and that he is very well qualified.

Motion by Commissioner Martucci to appoint Mr. Glenn Miller, 3513 Baldwin Court, to the Environmental Advisory Council to serve out the remainder of Mr. Fritz Brock’s term ending 2012. Commissioner Giles seconded the motion. Motion was approved 3-0.  Commissioner Unger was not present for vote.

PUBLIC COMMENT
[Commissioner Unger arrived at 7:45pm.]

Fire Chief Clint Ballek and Vice-President James Seagreaves of the Eastern Salisbury Fire Department presented Commissioner Unger with a plaque commending him for 20 years of service to the residents of Salisbury Township.  Chief Ballek noted that Commissioner Unger has become a valuable friend to the members of the Department and his presence on the Board will be missed.   

Mr. Anthony Messenlehner of 2929 Windy Hill Road discussed an incident involving the vandalism of his property on October 30, 2009.  After detailing to the Commissioners the background of the case, Mr. Messenlehner stated that he was disappointed in the way the investigation was handled because he felt that no effort was put into finding the vandals.  Chief Stiles responded by asking Mr. Messenlehner to call him on Monday, December 14, 2009 to discuss the case further and to hopefully get some answers for him.

OTHER BUSINESS
Commissioner Martucci stated that he was contacted by the people from the USDA who did the goose program at Laubach Park.  He noted that they have two more treatments this month and then the contract is over.  The amount budgeted was $10,000 but they came in under budget, around $6,000.  Commissioner Martucci stated that the USDA are going to submit a new contract for review because everyone seemed happy with less fecal matter in the park.  Mr. Soriano asked if it was for the same terms and money, and Commissioner Martcucci confirmed that it was.  Mr. Soriano stated that the money is currently not in the budget for next year, but they will amend it to include the project.

Commissioner Brown commented that the leaf pickup went very well this year.  He commended John Andreas and the Public Works Department for a job well done.

Chief Stiles commented on the Presidential visit and the role of the Police Department. He stated that ten officers were assigned to the detail, including two officers at Lehigh Valley Hospital, with the Secret Service team.  He also noted that the Department was responsible for eight intersections during most of the day, and he received a Memo from the Secret Service thanking him for their assistance.

Chief Stiles also noted that the Department participated in a multi-jurisdictional drill on Monday, December 7, 2009 with the City of Allentown and Lehigh County SWAT Teams, as well as several other units.  He noted that the Department ran the drill with an active-shooter situation and everyone was happy with the outcome. 

The Commissioners discussed the groundbreaking ceremony for the Police Station Addition and Renovation Project, which will be held on December 16, 2009 at 1:00 p.m.

ADJOURNMENT
As no other business was presented, on Motion by Commissioner Martucci and seconded by Commissioner Brown the meeting was adjourned.  The Commissioners later on reconvened for the monthly Workshop. The time was 8:10 p.m.