TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING – 7:30 PM
January 14, 2010

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

Members attending:
JoAnne Ackerman
James Brown, President
Norma Cusick, President Pro-Tempore
Robert Martucci, Jr., Vice President
James Seagreaves

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 & Zoning

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

PLEDGE OF ALLEGIANCE FOLLOWED.

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 BILLS PAYABLE
On motion by Commissioner Cusick, seconded by Commissioner Martucci, the Board of Commissioners voted unanimously to approve the Bills Payable for the period 1/05/2010 through 1/08/2010.

MINUTES
December 22, 2009
Commissioner Brown declared the December 22, 2009 Board of Commissioners Meeting Minutes approved as presented.

January 4, 2010
Commissioner Brown declared the January 4, 2010 Board of Commissioners Meeting Minutes approved as presented.

OLD BUSINESS
None

NEW BUSINESS

RESOLUTIONS/APPOINTMENTMENTS

TOWNSHIP SOLICITOR
Mr. Soriano introduced a Resolution that the Board will need to pass in order to appoint the Township Solicitor.

RESOLUTION NO. 01-2010-_____

BY THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF SALISBURY, LEHIGH COUNTY, PENNSYLVANIA, APPOINTING ________________________________ AS THE TOWNSHIP SOLICITOR AND ESTABLISHING THE MANNER OF COMPENSATION OF THE SOLICITOR FOR THE TOWNSHIP OF SALISBURY.

WHEREAS, the Board of Commissioners desires to appoint as the Township Solicitor for the Township of Salisbury and to fill the term of the solicitorship; and WHEREAS, it is the feeling of the Commissioners that the services which the Township Solicitor is to render shall be enumerated to the maximum extent possible. 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 be appointed to the office of Township Solicitor for the Township of Salisbury; term to expire on January 1, 2012 or until a successor has been appointed.

BE IT FURTHER RESOLVED that the Township Solicitor be paid compensation on an hourly basis at the rate of per hour, as outlined in the attached Fee Schedule and Agreement or upon such other basis as may be agreed upon between the Township Solicitor and the Board of Commissioners, for all work performed, including, but not limited to, research and rendering legal opinions; attending conferences or meetings related to Township organization or projects; research and preparation of ordinances and resolutions; negotiating and redrafting contracts, leases and deeds; real estate and title work; bond issues; proceedings to adopt, change, widen or vacate streets or alleys; condemnation proceedings; commencement, prosecution, or defense of any legal or administrative proceeding brought for or against the Township or any of its members, officers or employees, in their capacity as members, officers or employees of the Township; and conducting of public hearings.

AND BE IT FURTHER RESOLVED that said Township Solicitor be appointed to be the Solicitor to the Salisbury Township Planning Commission and other Boards and Commissions of the Township requiring his services, and that he shall receive additional compensation on an hourly basis at the rate of per hour for all services rendered to said Boards and Commissions.

AND BE IT FURTHER RESOLVED that the Township Solicitor shall be authorized to designate other attorneys who are engaged in the practice of law with him to render services required by the Township, providing, however, that he shall be responsible for any and all legal services rendered by him or anyone designated by him.

APPROVED AND ADOPTED this 14th day of January, 2010 at a regular public meeting.”

Mr. Soriano brought forth the appointment of the Solicitor. Commissioner Brown noted that the Board of Commissioners held interviews on January 11, 2010 with two firms, Fonzone & Ashley represented by Attorney John Ashley and King Spry represented by Attorney Michael Gaul. Commissioner Brown indicated that the members in attendance on Monday night for the interviews participated in the interviewing, but were unable to conduct business due to a lack of a quorum. Therefore, the full Board present can decide on how to proceed. Commissioner Brown inquired if the Board members who had not been present for the interviews, including himself, wanted to interview the firms. Both Commissioners Brown and Seagreaves noted that they had enough information from the RFP to make a decision. Commissioner Brown called for a motion to appoint.

Motion by Commissioner Cusick to nominate King Spry for Township Solicitor. Motion was seconded by Commissioner Ackerman. Roll call:

COMMISSIONER ACKERMAN -YES
COMMISSIONER SEAGREAVES-NO
COMMISSIONER MARTUCCI-NO
COMMISSIONER CUSICK-YES
COMMISSIONER BROWN-NO

By a vote of 3 nays and 2 yeas, the Motion was defeated.

Motion by Commissioner Martucci to nominate John Ashley for Township Solicitor. Motion was seconded by Commissioner Seagreaves. Roll call:

COMMISSIONER ACKERMAN-NO
COMMISSIONER SEAGREAVES-YES
COMMISSIONER MARTUCCI-YES
COMMISSIONER CUSICK-NO
COMMISSIONER BROWN-YES

By a vote of 3 yeas and 2 nays, Attorney John Ashley was appointed Township Solicitor and the Resolution was approved.

TOWNSHIP ENGINEER
Mr. Soriano introduced a Resolution that the Board would need to pass in order to appoint the Township Engineer.

RESOLUTION NO. 01-2010-_____
BY THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF SALISBURY, LEHIGH COUNTY, PENNSYLVANIA, APPOINTING AS THE TOWNSHIP ENGINEER FOR THE TOWNSHIP OF SALISBURY.

WHEREAS, the Board of Commissioners desires to appoint _______________________________________ as the Township Engineer for the Township of Salisbury; and WHEREAS, it is the feeling of the Commissioners that the services which the Township Engineer is to render shall be enumerated to the maximum extent possible.

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 _______________________________________________ be appointed to the office of Township Engineer for the Township of Salisbury; term to expire on January 1, 2012 or until a successor has been appointed; and

BE IT FURTHER RESOLVED that the Township Engineer be paid compensation on an hourly basis, as outlined in the attached Fee Schedule and Agreement, or upon such other basis as may be agreed upon between the Township Engineer and the Board of Commissioners, for all work performed, including, but not limited to, the construction, reconstruction, maintenance and repair of all streets, bridges, culverts, and other engineering work. The Township Engineer shall prepare plans, specifications and estimates of all such work undertaken by the Township and shall, whenever required, furnish the Board of Commissioners and Township Manager with reports, information or estimates of any Township engineering work and/or in response to questions by any of them in their official capacity.

AND BE IT FURTHER RESOLVED that said Township Engineer shall be authorized to designate other engineers who are engaged with the engineering firm of to render services required by the Township, provided, however, that the Township Engineer shall be responsible for any and all engineering services rendered by the Township Engineer or anyone designated by the Township Engineer.

AND BE IT FURTHER RESOLVED that the Township Engineer shall not accept any commissions from outside “clients” requiring the processing of engineering work by any/all Salisbury Township boards or commissions without the prior approval of the Board of Commissioners as documented in the Minutes of the Board of Commissioners and/or written letter of approval of the Township Manager as authorized by the Board of Commissioners.

APPROVED AND ADOPTED this 14th day of January, 2010 at a regular public meeting.”

Commissioner Brown commented that on January 11, 2010, the Board of Commissioners held interviews with five firms.

• Spotts Stevens & McCoy
• Hanover Engineering Associates
• Ott Consulting, Inc.
• Benchmark Civil Engineering Services, Inc
• Keystone Consulting Engineering

Commissioner Brown noted that the members present constituted a quorum and following the interviews a Motion was made to appoint a firm. The Motion was voted on and failed to receive a majority vote of the members which is specifically required for the appointment by Section 1301 which states “The Board of Commissioners …. may elect, by a vote of a majority of the members, one person as township engineer, .….” Commissioner Brown asked everyone if they had enough information to make a selection. The Board responded that they were ready to vote. Commissioner Brown called for a motion.

Motion by Commissioner Cusick to nominate Spotts, Stevens & McCoy for Township Engineer. Motion was seconded by Commissioner Ackerman. Roll call:

COMMISSIONER ACKERMAN-YES
COMMISSIONER SEAGREAVES-NO
COMMISSIONER MARTUCCI-NO
COMMISSIONER CUSICK-YES
COMMISSIONER BROWN-NO

By a vote of 3 nays and 2 yeas, the Motion was defeated.

Motion by Commissioner Martucci to nominate Keystone Consulting Engineering for Township Engineer. Motion was seconded by Commissioner Seagreaves. Roll call:

COMMISSIONER ACKERMAN-NO
COMMISSIONER SEAGREAVES-YES
COMMISSIONER MARTUCCI-YES
COMMISSIONER CUSICK-NO
COMMISSIONER BROWN-YES

By a vote of 3 yeas and 2 nays, Keystone Consulting Engineers was appointed Township Engineer and the Resolution was approved.

INDEPENDENT AUDITOR
Mr. Soriano introduced a Resolution that the Board would need to pass in order to appoint an Independent Auditor.

RESOLUTION NO. 01-2010-__

BY THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF SALISBURY, LEHIGH COUNTY, PENNSYLVANIA, NAMING AN AUDITOR TO AUDIT THE TOWNSHIP ACCOUNTS FOR YEAR 2009 AND ESTABLISHING COMPENSATION FOR SERVICES.

WHEREAS, the Board of Commissioners desires to appoint an auditor to perform the audit of the accounts for year 2009 of the Township of Salisbury.

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Township of Salisbury, Lehigh County, Pennsylvania, and it is hereby resolved by same that the accountancy firm of Todd J. 7th Bushta, Certified Public Accountant, located at 41 N. Street on Courthouse Square, Stroudsburg, Pennsylvania, be retained as Auditor to audit the Township accounts for year 2009.

BE IT FURTHER RESOLVED that compensation for said auditing services shall be an amount not to exceed $14,000.

APPROVED AND ADOPTED this 14th day of January, 2010 at a regular public meeting.

Mr. Soriano commented that the Board would need to formally retain the Independent Auditor which funding was already appropriated in the 2010 Budget.

Motion by Commissioner Cusick to appoint Todd J. Bushta, Certified Public Accountant, located at 41 N. 7th Street on Courthouse Square, Stroudsburg, as Independent Auditor. Motion was seconded by Commissioner Martucci. Roll call:

COMMISSIONER ACKERMAN-YES
COMMISSIONER SEAGREAVES-YES
COMMISSIONER MARTUCCI-YES
COMMISSIONER CUSICK-YES
COMMISSIONER BROWN-YES

By a vote of 5 yeas and 0 nays, Todd J. Bushta, Certified Public Accountant, located at 41 N. 7th Street on Courthouse Square, Stroudsburg, was appointed Township Auditor and the resolution approved.

TOWNSHIP SEWAGE ENFORCEMENT OFFICERS
Mr. Soriano introduced a Resolution that the Board would need to pass in order to appoint the Township Sewage Enforcement Officers.

RESOLUTION NO. 01-2010­

BY THE BOARD OF COMMISSIONERS OF THE TOWNSHIP OF SALISBURY, LEHIGH COUNTY, PENNSYLVANIA, APPOINTING A PRIMARY SEWAGE ENFORCEMENT OFFICER FOR THE TOWNSHIP OF SALISBURY AND APPOINTING ALTERNATE SEWAGE ENFORCEMENT OFFICERS.

WHEREAS, the Board of Commissioners desires to appoint as the Primary Township Sewage Enforcement Officer; and of as Alternate Sewage Enforcement Officers for the Township of Salisbury.

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 be appointed as Primary Sewage Enforcement Officer and of be appointed as Alternate Sewage Enforcement Officers for the Township of Salisbury; all terms to expire on January 1, 2012 or until a successor has been appointed.

AND BE IT FURTHER RESOLVED that said Sewage Enforcement Officers be paid compensation on an hourly basis as outlined in their respective Fee Schedules attached hereto or upon such other basis as may be mutually agreed upon between the Township Sewage Enforcement Officers and the Board of Commissioners for all work performed, as assigned by the Township.

APPROVED AND ADOPTED this 14th day of January, 2010 at a regular public meeting.”

Commissioner Cusick inquired on the length of time Mr. Burkhardt had served as SEO. Mr. Soriano noted that although he did not know the exact tenure, he is aware that it had been for a very long time. Commissioner Brown added that Mr. Burkhardt was also a past township employee and was certified as SEO during that time and very well qualified.

Motion by Commissioner Cusick to appoint John Burkhardt as Primary Sewage Enforcement Officer and Hanover Engineering Associates as Alternate Sewage Enforcement Officer. Motion was seconded by Commissioner Martucci. Roll call:

COMMISSIONER ACKERMAN-YES
COMMISSIONER SEAGREAVES-YES
COMMISSIONER MARTUCCI-YES
COMMISSIONER CUSICK-YES
COMMISSIONER BROWN-YES

By a vote of 5 yeas and 0 nays, John Burkhardt was appointed as Primary SEO and Hanover Engineering Associates as Alternate SEO and the resolution approved.

CIVIL SERVICE COMMISSION (WARD 5)
Motion by Commissioner Ackerman to appoint Mr. Samuel Darrohn of 2819 Andrea Drive to the Civil Service Commission. Motion was seconded by Commissioner Martucci. Roll call:

COMMISSIONER ACKERMAN-YES
COMMISSIONER SEAGREAVES-YES
COMMISSIONER MARTUCCI-YES
COMMISSIONER CUSICK-YES
COMMISSIONER BROWN-YES

By a vote of 5 yeas and 0 nays, Mr. Samuel Darrohn, 2819 Andrea Drive was appointed to the Civil Service Commission to serve out the remainder of Ms. Kraft’s term which expires 2012.

VACANCY BOARD(WARD 2)
Motion by Commissioner Seagreaves to appoint Randall Moyer, 936 E. Federal Street to serve on the Vacancy Board. Motion was seconded by Commissioner Martucci. Roll call:

COMMISSIONER ACKERMAN-YES
COMMISSIONER SEAGREAVES-YES
COMMISSIONER MARTUCCI-YES
COMMISSIONER CUSICK-YES
COMMISSIONER BROWN-YES

By a vote of 5 yeas and 0 nays, Mr. Randall Moyer, 936 E. Federal Street was appointed to the Vacancy Board.

MOTIONS
Consideration of a request to remove two street trees at 904 S. Ott Street.

Mr. Soriano noted that Mr. Nicolo had inspected the two trees and found them to be decayed and unhealthy and had recommended their removal. Commissioner Ackerman noted that she personally inspected the trees and agrees.

Motion by Commissioner Cusick to approve the request to remove two shade trees in front of 904 S. Ott Street. Motion was seconded by Commissioner Seagreaves. Roll call:

COMMISSIONER ACKERMAN-YES
COMMISSIONER SEAGREAVES-YES
COMMISSIONER MARTUCCI-YES
COMMISSIONER CUSICK-YES
COMMISSIONER BROWN-YES

By a vote of 5 yeas and 0 nays, the Motion was approved.

Consideration of a motion of the BOC to authorize the Township Engineer to inspect all improvements of the Polaris Cedar Crest LLC Land Development located at 1142 S. Cedar Crest Blvd.

Mr. Soriano noted that he had provided a review of the SALDO and noted that this Motion starts the clock for the Township to respond to a request for the Release of security associated with the Polaris Cedar Crest Project that entails a bank and gas station at the corner of South Cedar Crest Blvd. and Lincoln Avenue. Mr. Soriano noted that the construction was finished.

Motion by Commissioner Martucci to authorize the Township Engineer to inspect all improvements of the Polaris Cedar Crest LLC Land Development located at 1142 S. Cedar Crest Blvd. Motion was seconded by Commissioner Cusick. Roll call:

COMMISSIONER ACKERMAN-YES
COMMISSIONER SEAGREAVES-YES
COMMISSIONER MARTUCCI-YES
COMMISSIONER CUSICK-YES
COMMISSIONER BROWN-YES

By a vote of 5 years and 0 nays, the Township Engineer was authorized to inspect all improvements of the Polaris Cedar Crest LLC Land Development located at 1142 S. Cedar Crest Blvd. and issue a compliance letter and recommendation for the release of the security.

COURTESY OF THE FLOOR
Mr. Joe Tomanik of 3220 Douglas Road informed the Board that he owns 8 acres on West Rock Road and wanted to address the recently enacted ATV Ordinance. He stated that if the Ordinance is enforced, he would not be able to use his ATV on his property unless he receives written permission because of the 300 foot setback requirement. He stated that due to a car accident that left him an amputee above his knee, he is unable to walk his property. He stated that the only way he is able to monitor and get around on his property is by using his ATV because of the terrain and trees. He believes the Ordinance does not make sense and inquired on the type of research that was done to create such an Ordinance. He also stated that in speaking with his physician, he believed he might have a case against the Township due to possible noncompliance with the Americans with Disabilities Act.

Mr. Soriano advised that the Ordinance is based on a model Ordinance from the PA Department of Conservation and Natural Resources and other Townships.

Mr. Tomanik stated that he although he agrees with the loud mufflers, his had been changed and is no louder than a powered lawn mower. He continued, stating that he believes the problem is the illegal ATV use that occurs on the PPL owned property located on South Mountain. He stated that he has invested $30,000 in ATVs and with the setback requirements, he cannot operate them from his shed, drive them on his property, cannot load them on his truck or trailer to take anywhere. He stated the 300 foot property line setback is absurd and one would need a large amount of property to maintain the requirement. Mr. Tomanik stated that he could not abide by the setback requirements on his lot because of the terrain.

Mr. Soriano stated he would be willing to facilitate a meeting with Mr. Tomanik and the Chief of Police.

Commissioner Martucci stated that noise disturbance has been addressed. Mr. Tomanik stated he agrees with the noise control, but his problem is the 300 foot setback and the appropriate enforcement officer. Mr. Tomanik feels that the Ordinance creates a problem and it should be readdressed and would provide a petition if necessary.

Mr. Soriano stated that the appropriate enforcement would be any authorized person of the Township meaning the Zoning Officer, Code Enforcement Officer or Police Officer.

Mr. Soriano inquired whether any person complained about his ATV use and about obtaining written permission from his neighboring property owner. Mr. Tomanik stated that unfortunately he did not learn of the Ordinance until two days after it was passed. He also stated that there presently have been no complaints and he believes his neighbor would never provide him permission.

Mr. Soriano again suggested meeting with Mr. Tomanik and the Chief of Police. Mr. Soriano noted that by Mr. Tomanik bringing the matter of his condition to the Township’s attention, the Township will look at the possibility of addressing the ATV ordinance in terms of the ADA.

Commissioner Brown reiterated that the Ordinance is primarily because of the noise level the ATVs make. Mr. Tomanik stated he understands that the noise levels need to be controlled, but has issue with the setback requirements.

Commissioner Cusick stated that he could request a special exception based on his disability. Mr. Tomanik commented that he felt this was discriminatory towards others that own ATVs with no disabilities. Commissioner Brown stated that they want to accommodate and address Mr. Tomanik’s situation.

Ms. Jane Benning of 3111 Douglas Road commented her concern for the safety of the ATV operators, especially children, who dart onto the road and have almost been hit by vehicles.

Mr. Ron Moyer of 2024 Church Road expressed his support of Mr. Tomanik regarding amending the ATV Ordinance. Mr. Moyer stated that he owns an acre of property that he and his four sons drive their ATVs on. He stated that he has $25,000 invested in his ATVs and because of the Ordinance, they will not be able to drive the ATVs because they cannot abide by the 300 foot setback requirement or even abide by a 50 foot setback.

Commissioner Brown stated that he does not think it would hurt to take another look at the ATV Ordinance. Commission Brown asked that this Ordinance be placed on an upcoming workshop. Mr. Soriano stated that he would like to meet and gain input from these residents to see what can be done to possibly accommodate and make the Ordinance more flexible.

Commission Cusick asked Chief Stiles if the department receives many calls on ATVs. Chief Stiles advised that through the years, there have been calls but nothing recently within the last few weeks.

Mr. Paul Pendzick from Spotts, Stevens & McCoy publically thanked the Commissioners for being considered for the Engineer position.

ADJOURNMENT
Commissioner Cusick made a Motion to adjourn the Meeting. Seconded by Commissioner Martucci. The time was 8:30 p.m.