TOWNSHIP OF SALISBURY
LEHIGH COUNTY, PENNSYLVANIA

MINUTES FROM THE BOARD OF COMMISSIONERS
REGULAR MEETING - 7:30 PM
June 12, 2003

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:
Rodger Schmoyer, Jr., President
Larry Unger
Glenn Eckhart, Vice-President
Joseph Emrick
Frank McCullough

Staff attending:
Gabriel Khalife, Township Manager
Carl Best, Director of Planning and Zoning
Allen Stiles, Chief of Police
Cathy Bonaskiewich, Finance Officer
John Andreas, Director of Public Works
John Ashley, Township Solicitor
Dennis Harman, representative of the Township Engineer, The Pidcock Company

CALL TO ORDER

Commissioner Schmoyer called the meeting to order at 7:30 P.M.

NOTIFICATION

Mr. Khalife informed the attendees that all sessions of the Salisbury Township Board of Commissioners regular meeting are being electronically recorded for the purpose of taking the Minutes. All public comment on agenda items will 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.

PLEDGE OF ALLEGIANCE

FINANCIAL REPORT AND APPROVAL OF THE BILLS

Commissioner Eckhart made a motion to authorize payment of the bills. The motion was seconded by Commissioner Emrick and approved by a vote of 4-0. Commissioner Unger was not present for the vote.

APPROVAL OF THE MINUTES - May 22, 2003

Commissioner Schmoyer declared the Minutes of the May 22, 2003 meeting approved as submitted.

NEW BUSINESS

A. ORDINANCES
None.

B. RESOLUTIONS
1. CONSIDERATION OF A RESOLUTION TO ESTABLISH A JUNIOR HUNTING PROGRAM AT RIVERSIDE PARK/CONSTITUTION DRIVE PROPERTY.
[Commissioner Unger arrived.]

On motion of Commissioner Emrick, seconded by Commissioner McCullough, the Board of Commissioners voted unanimously to establish a junior hunting program at the Riverside Park/Constitution Drive property.

2. CONSIDERATION OF A RESOLUTION TO APPROVE THE VINART HONDA LAND DEVELOPMENT PLAN.

Present were Attorney Ronald Corkery, counsel for Vinart Honda, and Frank Clark, engineer.

Mr. Harman gave an overview of the Township Engineer's review letter dated June 6, 2003. He noted that most of the comments pertain to the traffic signal plan which need to be addressed.

Mr. Clark noted a revision to the plan regarding the location of the mast arm for the traffic signal that will be located completely in Salisbury Township. He stated that an easement along the driveway is needed to cover the loop detectors.

There was a brief discussion about the alleviation of the flooding conditions on a portion of Lehigh Street.

On motion of Commissioner Eckhart, seconded by Commissioner Unger, the Board of Commissioners voted unanimously to conditionally approve the Vinart Honda Land Development Plan.

C. MOTIONS
1. CONSIDERATION OF A CONDITIONAL USE APPLICATION FOR HOMIER DISTRIBUTION COMPANY FOR A TEMPORARY USE (TENT SALES) TO BE LOCATED AT THE SOUTH MALL PARKING LOT, 3300 LEHIGH STREET.
[A Court Stenographer was present to take the Minutes for this item.]

Brian Kiser of Homier Distribution Company was present. The court stenographer swore in Mr. Kiser and transcribed the Minutes on this item.

Attorney Ashley and Mr. Kiser discussed the details of the tent sale issue.

On motion of Commissioner Eckhart, seconded by Commissioner Schmoyer, the Board of Commissioners voted unanimously to approve the Conditional Use Application for Homier Distribution Company for a temporary use (tent sales) to be located at the South Mall Parking Lot, 3300 Lehigh Street, for years 2003 and 2004.

2. CONSIDERATION OF A MOTION TO ACCEPT THE TIME EXTENSION OF THE KNOPF PONTIAC LAND DEVELOPMENT PLAN.

Mr. Best stated that Knopf Pontiac is requesting a 60 day extension.

On motion of Commissioner Unger, seconded by Commissioner Eckhart, the Board of Commissioners voted unanimously to accept the time extension of the Knopf Pontiac Land Development Plan.

3. CONSIDERATION OF A MOTION TO ENTER INTO A STORMWATER FACILITY EASEMENT AGREEMENT FOR THE PROPOSED ESTATES AT FISH HATCHERY PROJECT LOCATED ALONG FISH HATCHERY ROAD.

Present was Attorney Malkames, counsel for the developer.

Attorney Malkames noted that changes were made to the agreements as the Township and the City of Allentown had requested. Mr. Best stated that the City of Allentown already signed the agreements.

Mr. Roy Lerch, of Coopersburg, PA and president of the Lehigh County Fish and Game Commission, expressed his concerns about the design of the stormwater system and the runoff from the property and its effect on the fish in the trout hatchery.

Commissioners Schmoyer and Eckhart explained that the plans were reviewed by DEP and the Township Engineer who both have recommended approval of the plan.

Attorney Malkames noted that there are several documents which need to be voted on and executed by the Township; three way agreement, deed of easement agreement and joinder and grant of easement.

On motion of Commissioner Eckhart, seconded by Commissioner Emrick, the Board of Commissioners voted unanimously to authorize entering into an agreement with the Developer Robert Susko and the Fish Hatchery Condominium Association.

On motion of Commissioner Unger, seconded by Commissioner Eckhart, the Board of Commissioners voted unanimously to authorize entering into a Deed of Easement agreement with the City of Allentown.

On motion of Commissioner Eckhart, seconded by Commissioner Unger, the Board of Commissioners voted unanimously to authorize entering into a Joinder and Grant of Easement Agreement with the City of Allentown, Mr. Robert Susko, and the Fish Hatchery Condominium Association.

4 CONSIDERATION OF A MOTION TO ENTER INTO HOLD HARMLESS AGREEMENTS WITH THE CITY OF ALLENTOWN AND THE COUNTY OF LEHIGH REGARDING THE JUNIOR HUNTING PROPOSAL.

Commissioner Eckhart commented that he does not believe that the Township needs to have the agreements since there are laws to protect landowners of lands that are recreational uses from lawsuits. Commissioner Unger expressed his opinions on the benefits of the program.

On motion of Commissioner Eckhart, seconded by Commissioner Emrick, the Board of Commissioners voted unanimously to authorize entering into hold harmless agreements with the City of Allentown and the County of Lehigh regarding the Junior Hunting program at Riverside Park/Constitution Drive property.

5. CONSIDERATION OF A MOTION TO ALLOW CATCH-AND-RETURN FISHING AT FRANKO PARK FOR CHILDREN.

Commissioner Schmoyer commented that he had thought the fishing would be closed to the public for a certain period of time but then it should be opened up for the children to fish. Commissioner Unger commented that it is a great recreational activity for the family.

Commissioner McCullough noted that the pond appears to be "swampy'' in areas. He suggested that large stones be placed to allow the children to sit on while fishing. He stated that he will look into getting information on the stones and requested that the Board vote on this item at an upcoming meeting.

6. CONSIDERATION OF A MOTION TO INSTALL A FENCE AT LAUBACH PARK BY THE RETAINING WALL AREA.
On motion of Commissioner Unger, seconded by Commissioner Eckhart, the Board of Commissioners voted unanimously to authorize the installation of a fence at Laubach Park by the retaining wall area.

7. CONSIDERATION OF A MOTION TO AUTHORIZE A.R. ULANS REALTY TO PERFORM A SELF-CONTAINED APPRAISAL OF THE PPL PROPERTY LOCATED NEXT TO FRANKO PARK ($1,900).

Mr. Khalife briefly explained about the Township obtaining a grant in order to purchase the PPL property. He noted that the land has to be maintained as open space for accepting the grant.

Commissioner Eckhart noted that the property is land-locked and it is beneficial for the Township to purchase it rather than having the property be sold to and developed by someone else which could interfere with the Franko Park. He commented that the Township taxpayers will spend less than $5,000 to purchase the 16+ acres PPL property. The Township received the bulk of the remainder of the costs through grants which were three years of hard work to accomplish.

Mrs. Janet Keim, of 11 W. Pine Street commended the Board for following through on taking steps to purchase the PPL parcel of land.

On motion of Commissioner Unger, seconded by Commissioner Eckhart, the Board of Commissioners voted unanimously to authorize A.R. Ulans Realty to perform a self-contained appraisal of the PPL property located next to Franko Park.

8. CONSIDERATION OF A MOTION TO ENTER INTO AN EASEMENT AGREEMENT WITH MR. KEITH B. HIRD OF 1635 GASKILL AVENUE IN THE AMOUNT OF $376.00 FOR THE GASKILL, ALLEN & TWEED SANITARY SEWER REPLACEMENT PROJECT.
On motion of Commissioner Eckhart, seconded by Commissioner Emrick, the Board of Commissioners voted unanimously to authorize entering into an easement agreement with Mr. Keith B. Hird of 1635 Gaskill Avenue in the amount of $376.00 for the Gaskill, Allen & Tweed Sanitary Sewer Replacement Project.

OTHER BUSINESS

Mr. Best informed the Board of Commissioners about a utility easement being requested by PPL for a recently built home on Potomac Street and suggested that the Board have a vote. It was the consensus of the Board to have the Township Solicitor review the easement agreement prior to voting.

Commissioner Unger commended the work done by the 250th Anniversary Committee and the results of the celebration.

Commissioner Eckhart suggested the possibility of having a scale-down Township calendar included with the newsletter next year. He stated that he also received a complaint about the geese population at Laubach Park. He asked about the status of Public Road.

Mr. Harman gave a brief summary that documents are being prepared for signature and then they will be ready for a pre-construction meeting in a couple of weeks.

Commissioner Eckhart provided a list of items being requested for an "old-timers" picnic at Laubach Park. He talked about the 250th Anniversary Celebration and how his daughter was born on the Township's 250th Anniversary.

Commissioner Emrick stated that he received a complaint about pools and standing water.

Commissioner Schmoyer commented about increasing police presence at Laubach Park. Chief Stiles stated that they anticipate having an officer on bicycle patrol in the area in the near future.

Commissioner Emrick inquired about speeding traffic around Keystone Road. Chief Stiles stated that the police conducted a traffic survey with a speed counter computer and it was determined that there a number of speeding vehicles. He stated that they are making arrangements to start speed enforcement. He noted that he has been lobbying the Township's State officials to pass a radar bill.

Chief Stiles informed the Board that everything has been signed off for the School Resource Officer grant from the School District and has been sent off. He stated that there are 9 candidates on the list for full-time police positions. He informed the Board of the testing date for the detective position and the candidates applying.

PUBLIC COMMENT

Mr. Fred Zakowich of 1616 Graham Street thanked Chief Stiles on the police response to traffic violations that were occurring in his neighborhood a year ago. He expressed concern that residents who do small construction projects in their homes are unable to put out small amounts for garbage pickup. He noted that the hauler refused to pick up his items.

There was a brief discussion about this issue. It was noted that the hauler cannot take such items to a municipal landfill. There are several scrap yards that make take such items. Mr. Zakowich was informed that someone will look into this issue and he will be contacted in the near future.

Mr. Archie Hartzell commended Commissioners Emrick for the implementation of a hunting program and Schmoyer for his views on fishing.

The meeting was recessed and the Board went into Executive Session to discuss a personnel issue.
****
[The meeting was reconvened.]

There was a brief discussion about scheduling a special workshop meeting to tour the Western Salisbury fire stations on June 23.

On motion of Commissioner Unger, seconded by Commissioner Emrick, the Board of Commissioners voted unanimously to suspend Officer Jack Soberick from duty indefinitely pending the disposition of criminal charges that have been filed against him.

ADJOURNMENT

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