Council Minutes

October 1, 2002 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, October 1, 2002 - 7:30 PM - Town Hall

1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL

President Gregory called the meeting to order. Mr. Donchez offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, John B. Callahan, James A. Delgrosso, Robert J. Donchez, J. Michael Schweder, and James S. Gregory, 6. Magdalena F. Szabo was absent, 1.

Public Hearing - 2003 Community Development Block Grant(CDBG) and HOME Programs

Prior to the consideration of the regular Agenda items, City Council conducted a Public Hearing on the proposed Action Plan for Fiscal Year 2003 that includes funding under the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs.

Dana Grubb, Deputy Director of Community Development, noted that this evening's public hearing is the second hearing required under the review process. Mr. Grubb advised it is estimated that for fiscal year 2003 the City would receive $2,000,000 under the CDBG entitlement program, and $525,000 under the HOME program. In addition, a total of $40,829 in prior CDBG funds and $119,350 in prior HOME funds would be reprogrammed for next year's programs. The draft action plan is available at City Hall for review. Mr. Grubb presented the Administration's proposals for the 2003 Community Development Block Grant (CDBG) and HOME Investment Partnership Programs, as follows:
Proposed 2003 Community Development Block Grant (CDBG) Program: 1. Acquisition/Demolition - Vacant Property Review and Economic Development - $300,000 of which $50,000 would be dedicated to the Vacant Property Review Committee to address blighted properties. The remaining $250,000 was proposed for improvements in the Five Points area, in particular to address parking issues. Mr. Grubb pointed out that, at the September 5, 2002 Community Development Committee meeting, the Committee recommended that the optimum amount of $200,000 be set aside as Unprogrammed Funds, in order that the Administration could better define the improvements to be made in the area of Five Points; 2. Recreational Facilities - Improvements to Yosko Park to include pool renovations, new boiler and utility building roof - $50,000; 3. Curb Cuts City-Wide - Provide curb cuts at intersections to improve mobility for physically challenged. Targeted area will be Wards 1 and 2 - $75,000; 4. Lynn Avenue Bridge - Redesign and engineering costs - $60,000; 5. East Fifth Street Improvements - Reconstruction (Phase III) on East Fifth Street curbs and sidewalks from Polk to Webster Streets - $115,000; 6. Street Overlays - Repaving of streets in low/moderate income neighborhoods. Streets to be identified by Public Works Department. Targeted area will be Wards 1 and 2 - $100,000; 7. Public Works Engineering - Design and engineering performed by City Engineering Bureau for CDBG eligible public works and economic development projects - $20,000; 8. ADA Compliance - Architectural barrier removal at City-owned facilities - $25,000; 9. Accessibility Counseling - Counseling for residents with disabilities provided by Lehigh Valley Center for Independent Living, Inc. - $10,000; 10. Consumer Credit Counseling - Provision of counseling on credit issues for lower income homeowners in the City by Consumer Credit Counseling Services of Lehigh Valley, Inc. - $5,000; 11. Home Ownership Counseling - Provision of counseling for first-time homebuyers through the Community Action Committee of the Lehigh Valley, Inc.; includes mortgage procurement, shopping for a house, maintenance, housing budgets, etc. - $15,000; 12. Police Services - Salary and benefits for 2 Community Police Officers on south side - $123,000; 13. Police Services - Payment of overhead and shift differential for drug surveillance and activities in low and moderate income areas - $20,000; 14. HOOP Program - ANHS loan intake services for HOOP Program - $5,000; 15. Housing Rehabilitation Program - $228,000 total for: (a) Redevelopment Authority (program oversight) - $28,000; (b) Grants and Loans for code correction, weatherization, and lead remediation - $150,000; (c) City staff and operating costs - $110,000; Targeted areas will be Wards 1 and 2; 16. Redevelopment Authority - Administrative expenses related to vacant property review, affordable housing, HOOP, ADA/Act 504, urban renewal, loan servicing - $78,000; 17. Economic Development Program - City staff and operating costs associated with delivery of economic development programs - $160,000; 18. Fa�ade Program - No interest loans for fa�ade improvements - $175,000; 19. FRED Program - Economic development loans for business development and expansion - $240,000; 20. Micro Enterprise/Rising Tide Loan Program - Counseling costs for micro enterprise/small business owners development through the Community Action Development Corporation (CADC) - $5,000; 21. Program Administration - Staff and operating costs associated with program oversight and implementation - $111,829; 22. Consulting Services - Application preparation, ERR, Performance Reports, Technical Assistance - $45,000; 23. Sayre Child Center - Playground improvements to improve accessibility for clientele - $15,000. Proposed 2003 HOME Program: 1. Alliance for Building Communities - CHDO -$535,000 total for: (a) CHDO operating expenses associated with delivery of HOME funded projects in Bethlehem - $25,000; (b) Apartments and Retail Development in East Fourth Street area - $310,000; (c) Doorways to Homeownership - acquisition and rehabilitation costs for first-time homebuyer program with targeting in Wards 1 and 2, Vacant Property Review referrals and Lehigh County Affordable Housing Trust assisted properties - $200,000; 2. NORA Enterprises - Rehabilitation of 510-512 Broadway - $30,000; 3. Housing Rehabilitation - $79,350.

No public comment was made.

President Gregory stated that the appropriate Resolution will be placed on the Agenda for the rescheduled City Council Meeting on Wednesday, November 6, 2002.

The Public Hearing was adjourned at 7:55 PM.

4. APPROVAL OF MINUTES

The minutes of September 3, 2002 and September 17, 2002 were approved.

5. COURTESY OF THE FLOOR (for public comment on ordinances and resolutions to be voted on by Council this evening)

None.

6. OLD BUSINESS

None.

7. COMMUNICATIONS

A. Deputy Director of Community Development - PA Department of Transportation - Highway Safety Program

The Clerk read a letter dated September 23, 2002 from Dana B. Grubb, Deputy Director of Community Development, requesting consideration of a resolution authorizing execution of the grant documents provided by the Pennsylvania Department of Transportation for Highway Safety Program Project No. J3 03-21-1 focused on public awareness and education efforts to increase child passenger safety issues and the law by conducting training and car seat clinics.

President Gregory stated that the authorizing Resolution will be listed on the October 15, 2002 Council Agenda.

B. Sealer of Weights and Measures - County of Northampton - Amending Article 303 - General Business Licenses and Permits

The Clerk read a letter dated September 26, 2002 from James R. Davis, Sealer of Weights and Measures, County of Northampton, requesting an amendment to Article 303 - General Business Licenses and Permits, Section 303.01(a)(11), to increase the listed fee and update the language, as follows: Inspection of Gas Pump - $10.00 per pump to Inspection of Motor Fuel Meters - $20.00 per meter.

Mr. Delgrosso, recounting that in the past a City of Bethlehem employee on a part-time basis conducted the sealer of weights and measures duties, recalled that the resultant City revenue was probably on a break-even basis. Highlighting the fact that the fee is now proposed to be increased to $20, all of which revenue would go to Northampton County, from the former $10 fee that had been in place when the part-time City employee had the job, Mr. Delgrosso queried whether the City should again conduct the duties and realize the revenue from the increased fees.

Mr. Grubb, noting the response is probably not, explained that under the proposal about $6,000 in revenue would be generated by the approximate 600 pumps per year that are now inspected by the Northampton County employee. Mr. Grubb confirmed that it was costing the City much more to do the job.

President Gregory noted that, unless the Community Development Committee wishes to review this matter, the appropriate Ordinance can be placed on the October 15, 2002 Council Agenda for First Reading.

President Gregory asked the Clerk to read additional Communication 7 C into the record.

C. Zoning Officer - Fence Provisions

The Clerk read a memorandum (7 C) dated October 1, 2002 from John Lezoche, Zoning Officer, which proposed minor revisions to Bill No. 31 - 2002, Adopting 2000 International Building Code, that would delete the initial requirement for a property survey to be conducted for a fence installation, but abutting property owners would have to agree to placement of fences on property lines.

President Gregory stated that he would accept a motion later in the Agenda to amend Bill No. 31 - 2002.

8 . REPORTS

A. President of Council

None.

B. Mayor

None.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 31 - 2002 - Adopting 2000 International Building Code

The Clerk read Bill No. 31 - 2002, Adopting 2000 International Building Code, on Final Reading.

Amending Bill No. 31 - 2002

Mr. Schweder and Mr. Delgrosso moved that portion of Bill No. 31 - 2002 which reads as follows:

ICC 108.2 Schedule of Permit Fees

Zoning Permit Fee Schedule

Fences [(requires a property survey)] $ 30.00

be amended to read as follows:

ICC 108.2 Schedule of Permit Fees

Zoning Permit Fee Schedule

Fences $ 30.00

Voting AYE on the amendment to Bill No. 31 - 2002: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Mr. Gregory, 6. The amendment passed.

Voting AYE on Bill No. 31 - 2002, as amended: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Mr. Gregory, 6. Bill No.31 - 2002, hereafter to be known as Ordinance 4146, was declared adopted.

B. Bill No. 32 - 2002 - Adopting 2000 International Electrical Code

The Clerk read Bill No. 32 - 2002, Adopting 2000 International Electrical Code, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Mr. Gregory, 6. Bill No. 32 - 2002, hereafter to be known as Ordinance 4147, was declared adopted.

C. Bill No. 33 - 2002 - Adopting 2000 International Plumbing Code

The Clerk read Bill No. 33 - 2002, Adopting 2000 International Plumbing Code, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Mr. Gregory, 6. Bill No. 33 - 2002, hereafter to be known as Ordinance 4148, was declared adopted.

D. Bill No. 34 - 2002 - Adopting 2000 International Mechanical Code

The Clerk read Bill No. 34 - 2002, Adopting 2000 International Mechanical Code, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Mr. Gregory, 6. Bill No. 34 - 2002, hereafter to be known as Ordinance 4149, was declared adopted.

E. Bill No. 14 - 2002 - Amending Water Fund Budget - Bethlehem Authority Executive Director Salary

The Clerk read Bill No. 14 - 2002, Amending Water Fund Budget - Bethlehem Authority Executive Director Salary, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Mr. Gregory, 6. Bill No. 14 - 2002, hereafter to be known as Ordinance 4150, was declared adopted.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Authorizing Execution of Documents - Local Law Enforcement Block Grant

Mr. Donchez and Mr. Schweder sponsored Resolution 13,917 which authorized the execution of the grant award documents for a $54,112 Local Law Enforcement Block Grant to enhance the City's Community Policing and related enforcement efforts.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Mr. Gregory, 6. The Resolution passed.

B. Appointing Advisory Board - Local Law Enforcement Block Grant

Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,918 which appointed William Matz, James Stocklas, Iris Cintron, Michael Adams, and Lt. Randall Miller, to the Local Law Enforcement Block Grant Advisory Board and authorized them to make non-binding recommendations to the City for the use of funds under this program.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Mr. Gregory, 6. The Resolution passed.

C. Certificate of Appropriateness - 740 East Fourth Street

Mr. Donchez and Mr. Schweder sponsored Resolution 13,919 which granted a Certificate of Appropriateness to install an awning sign on the fa�ade of the commercial store front at 740 E. Fourth Street.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Mr. Gregory, 6. The Resolution passed.

D. Certificate of Appropriateness - 318 East Fourth Street

Mr. Donchez and Mr. Schweder sponsored Resolution 13,920 which granted a Certificate of Appropriateness to install handrails, construct a retaining wall, and replace front door and cap soffit on 318 East Fourth Street.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Mr. Gregory, 6. The Resolution passed.

12. NEW BUSINESS

City's Updated Web Site

Jean Belinski thanked Stephen Antalics for his compliments as reported in the newspaper on the City's updated web site.

13. COURTESY OF THE FLOOR

Snow Removal and Plowing

Mary Horwath, 524 Selfridge Street, stated that for the past 50 years she has been having an on-going feud with the people who plow the streets. Ms. Horwath explained that, when City crews plow the area of the Elementary School and Church at Buchanan and Thomas Streets, the snow is piled up against the curb and the students have to climb over the snow to get into the school which is a hazard. In addition, Ms. Horwath highlighted the fact that all of the neighborhood garage entrances are plowed in and residents have spent four hours removing the snow. Ms. Horwath, asking that the use of salt not be spared on the hill because traveling on its unsalted surface is dangerous, advised that she has spent her own money putting salt on the street since, as soon as drivers come to the center of the hill, their vehicles slip and slide.

Michael Alkhal, Director of Public Works, responded that Ms. Horwath's concerns would be reviewed.

Activities at Watershed Properties

David Delgrosso, of Kunkletown, Pennsylvania, asked for a copy of what was said during the discussions of the proposed Forest Ranger position that was reviewed by the Human Resources and Environment Committee on September 12, 2002.

Mr. Delgrosso said he would like to update the Members on some recent activities at the Reservoir in the Poconos. Mr. Delgrosso related numerous events that took place along with the dates and times associated with each. A brief summarization follows. September 20, 2002 - seven vehicles were seen trespassing in the shale pit on Hipsie Gap Road at various times. Some of the vehicles were loaded with junk that was most likely going to be dumped there. When the individuals were confronted by a citizen who lived nearby asking that they take the trash and leave, they complied. A contractor from Bangor was in process of uncovering his truck that was loaded with roofing shingles to dump them in front of one of the City's gates when the same citizen approached him, and he fled. Fourteen all terrain vehicles (ATV's) were found being driven on watershed fields at 1:00 AM and probably for the remainder of the night. Mr. Delgrosso advised that the shale pit has now been closed by blocking it with rocks. September 21, 2002 - Two men in a blue Ford truck were observed attempting to steal telephone poles that had been installed by City of Bethlehem employees to keep people from driving vehicles into the area. When the two men were approached by some landowners they fled and left behind their chains and slings. A blue Chevrolet truck with a trailer from a landscaping company loaded with tires and car parts was seen stopped at two or three different Watershed property locations but eventually left the area after the driver had been followed by one of the locals. An individual observed a white Ford Taurus station wagon from which twelve tires were tossed behind one of the City's storage barns at the intersection of Kuckenbacker Road and Hipsie Gap Road. September 22, 2002 - Ray Keiper was observed and was apprehended for poaching an eight point buck on Watershed property; charges were filed by the Game Commission and trial is pending. September 24, 2002 - Mr. Delgrosso picked up the twelve tires at the storage barn site and will take them to the City's Recycling Center. September 25, 2002 - Mr. Delgrosso picked up three tires, a motorcycle, a snowblower, a television, and four bags of trash totaling almost 600 pounds. September 26, 2002 - Mr. Delgrosso had to transport the aforementioned items to the Landfill. Mr. Delgrosso looked through the garbage to find names and addresses, and charges by the Pennsylvania Game Commission for the illegal dumping are pending. October 1, 2002 - Mr. Delgrosso picked up ten tires and a water heater in Long Pond. Mr. Delgrosso found a truckload of roofing shingles and construction debris dumped on Hell Hallow Road.

Mr. Delgrosso said "things like this are basically going on constantly up there. And, with us being on day shift and a limited amount of people we just can't get everybody and we really do need this position filled as soon as possible."

President Gregory inquired whether the Police Department's investigation is nearing completion. Francis Donchez, Police Commissioner, responding yes, said "we're getting close and we should have something within several weeks, if not sooner."

Agreement with the Pennsylvania Game Commission

President Gregory inquired what is the status of the agreement between the Bethlehem Authority and the Pennsylvania Game Commission.

Kathleen Reese, Director of Water and Sewer Resources, replied that it is in process of moving forward, and the City is working closely with the Bethlehem Authority and its Solicitor.

Charles Schwab

Stephen Antalics, 737 Ridge Street, advised that he received many telephone calls and letters as a result of his comments published in the newspaper in September about Charles Schwab and his significance to the City of Bethlehem. Mr. Antalics said a number of people suggested that he inquire as to whether the City might consider something in honor of Charles Schwab to recognize him for his contributions to the City. Mr. Antalics felt that the City has a debt to Mr. Schwab for what he had given to the City.

President Gregory suggested that Mr. Antalics could talk to the Mayor about the matter.

Mr. Delgrosso queried whether Mr. Antalics has any suggestions. Mr. Antalics replied perhaps at least a sign in front of the house on Third Street denoting the Schwab house.

Mr. Schweder suggested that Mr. Antalics could find out if there was ever a proposal advanced in the recent past to honor Mr. Schwab's memory.

Regulated Rental Units - Density

Mr. Antalics inquired what is the status of looking into the density of rental properties. Mr. Antalics, pointing out that citizens are speaking out about gangs, crime, and drugs, highlighted the fact that a person was recently shot.

Mr. Schweder, in response to Mr. Antalics' remarks about prioritization of issues before the Community Development Committee that will be meeting on Thursday to consider a proposed new ordinance addressing animals, informed him that the ordinance has been under review for at least a year. Focusing on when the issue raised by Mr. Antalics in the past of addressing the density of rental properties will be discussed, Mr. Schweder advised the Administration has requested that the presentation on the most recent Sasaki study take place first, after which a meeting of the Community Development Committee will be convened.

Mr. Antalics expressed the opinion that the number of five unrelated individuals in a residence being considered a family is arbitrary in that the BOCA codes are not binding by Federal statutes, and insisted that to say a number less than five will invite a lawsuit is off-base. Mr. Antalics stated his concern is who is moving into properties vacated by students, and asserted that he would rather have a house vacant than be inhabited by gangs that bring crime. Mr. Antalics stated that 80% of crime on the South Side is committed by groups or gangs living in rental properties comprised of five unrelated individuals.

Mr. Schweder pointed out there are other issues that need to be addressed in connection with Mr. Antalics' comments.

14. ADJOURNMENT

The meeting was adjourned at 8:29 p.m.
ATTEST:

City Clerk