Council Minutes

June 17, 2003 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, June 17, 2003 – 7:30 PM – Town Hall

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

President Schweder called the meeting to order. The Very Reverend William Lane, of Cathedral Church of the Nativity, offered the invocation which was followed by the pledge to the flag. Present were Ismael Arcelay, Jean Belinski, Robert J. Donchez, James S. Gregory, Magdalena F. Szabo, and J. Michael Schweder, 6. John B. Callahan was absent, 1.

Citation – Honoring J. H. Carpenter

President Schweder presented a Citation to J. H. Carpenter on the occasion of his retirement from the Police Department, after 22 years of service to the City.

Citation – Honoring J. T. Donaldson

President Schweder presented a Citation to J. T. Donaldson on the occasion of his retirement from the Fire Department, after 31 years of service to the City.

Citation – Honoring Daniel Woodard

President Schweder presented a Citation to Daniel Woodard on the occasion of his retirement from the Police Department, after 24 years of service to the City.

4. APPROVAL OF MINUTES

The minutes of May 21, 2003 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

Garbage

Mr. Donchez inquired about the status of the issue concerning placement of garbage cans and pickup of trash that was raised at the June 3, 2003 City Council Meeting.

Mayor Delgrosso affirmed that the Administration looked into the problems the next day following the City Council Meeting.

Dana Grubb, Deputy Director of Community Development, informed Mr. Donchez that a number of steps have already been taken. Mr. Grubb advised that letters were sent to all of the licensed haulers in the City informing them of their responsibilities under the City’s Ordinances. In addition, surprise inspections have been conducted in various sections of the City, beginning with the northeast section, the northwest section last week, and another section to be chosen this week. Approximately 50 letters were sent to homeowners whose trash containers were not in the appropriate place on their property or were not returned to the appropriate location by the hauler. Mr. Grubb continued on to advise it is the intent to send a notification with the next water bill to all property owners reminding them of their responsibilities under the City Ordinances. It is anticipated that these procedures will be followed for the next month or two after which a determination will be made to start issuing citations. Mr. Grubb communicated that a proactive, friendly approach is being taken at this point to inform residents that some of the activities are contrary to the City’s Ordinances and they need to make changes. Mr. Grubb advised he was made aware today by Michael Palos, Chief Housing Inspector, that garbage had not been picked up at a certain home for three weeks in a row. When the hauler was contacted about the matter, the hauler explained that the trash cans were not placed at the curb for pickup. Mr. Grubb explained that he is awaiting a return telephone call so that he can notify the hauler that placement of the garbage cans at the curb is a violation of the City’s Ordinances.

Mr. Donchez, concurring that he agrees with the approach being taken, highlighted the fact that new legislation is not needed but rather enforcement. Mr. Donchez stressed that, after haulers and residents have been informed, then a date must be set for enforcement and fines. Mr. Donchez suggested that a list be kept of the haulers about which the most complaints have been received, and would then become an issue for consideration when the hauler’s license is to be renewed. Mr. Donchez, remarking it is a quality of life and neighborhood issue, commended the Administration for the amount of work that has been done on the issue in the past two weeks.

Mayor Delgrosso noted the issue is easier to enforce with the haulers in light of the fact that some new residents are not aware that City’s law does not allow garbage to be placed at the curb for pickup although recycling bins can be placed at the curb.

Mr. Donchez stated he would appreciate updates on the issue.

Mayor Delgrosso thanked Mr. Grubb and Harvey Joseph, Acting Health Bureau Director, for addressing the problem.

Fire Contract

Mr. Gregory, acknowledging that the Administration has been dealing with the Fire Union Contract for a long time and City Council normally does not get involved in Union Contracts, highlighted the fact that the Fire Union Contract has not yet been settled about which the Firefighters are upset, in view of the fact that the Police and SEIU contracts have already been settled. Recounting that he had dealt with Union Contracts for many years, Mr. Gregory observed that arbitration is costly for a municipality and everyone involved. Mr. Gregory remarked that, in the end, the arbitrator usually “goes down the middle” and settles where the contract probably would have been settled in the absence of an arbitrator. Noting that an arbitration date has been set for July, Mr. Gregory expressed the hope that, especially considering the City’s budget crisis, the City does what it can to settle the contract. Mr. Gregory noted that the Firefighters are asking for the same contract as the Police and SEIU as far as most of the issues. Mr. Gregory communicated that, if necessary, the Fire Union Contract could be settled for one year, and the new Administration could deal with the remaining contract years rather than going to arbitration. Mr. Gregory reiterated he would hope that the contract can be settled, even if for only a one year period, before it goes to arbitration.

Mayor Delgrosso, while commenting it is the intent not to go into arbitration, communicated he cannot say that will not happen.

Garbage

Mrs. Belinski, focusing on the issue of garbage, advised she has noticed garbage cans set out in the middle of the afternoon for pickup. Mrs. Belinski suggested that residents also be informed that their garbage cans should be set out the night before pickup.

Mrs. Belinski notified the Administration that a large pile of trash had been placed in the afternoon outside a house on the pavement at New Street across from Joe Pasco’s shoe repair shop

Mrs. Belinski further notified the Administration that trash is piled up at an apartment house at the northeast corner of Fourth and New Street. While affirming there are trash receptacles at the building, Mrs. Belinski stated they are not adequate and are constantly overflowing with trash.

Mayor Delgrosso asked for the addresses so that the problem can be taken care of. Mrs. Belinski stated she would contact Mr. Joseph.

Dogs

Mr. Arcelay, referring to the issue concerning vicious dogs that was raised at the last City Council Meeting, inquired about the City’s review of the situation. Advising that he has reviewed the minutes of the South Side Task Force meetings from January to date that he received from Rita Sparrow, block watch coordinator, Mr. Arcelay indicated that a similar situation has occurred.

Mr. Grubb informed Mr. Arcelay that Ordinances from other communities are being gathered, and added that Christopher Spadoni, City Council Solicitor, forwarded some information as well. Mr. Grubb noted that an environmental health employee attended a conference last week and conferred with a staff member of the environmental health operation in Washington, D.C. That community has an ordinance considered to be a national model, and the City will be receiving a copy of it. Mr. Grubb explained that he will be reviewing the various ordinances, and will discuss the matter with the Mayor and other members of the Administration to formulate a recommendation that will be forwarded to the City Solicitor’s Office for review after which time a proposal will be submitted for Council’s consideration. Mr. Grubb, notifying the Members that City staff has been cautioned about singling out different breeds, stated the staff has been informed there are breeds that can be worse than pit bulls, and the trend seems to be that other breeds will be trained to be as if not more vicious. Mr. Grubb, verifying that the City has received information from the American Kennel Association as well, explained that focus is more on the owners than the breeds. Mr. Grubb communicated that a balanced piece of legislation is needed that will not penalize responsible pet owners while protecting the public.

Ms. Szabo queried if the City arrests individuals who conduct dog fights.

Francis Donchez, Police Commissioner, replied not to his knowledge. Mr. Donchez, affirming that notification was given last week about a dog fight on the west side, explained that the event disbursed by the time the Police arrived.

Ms. Szabo advised that Williams Street has been mentioned many times as the active place for such events and is where pit bulls receive their bad training. Ms. Szabo related a story about a young pit bull at the house next to hers who was very loving to her and her sister, but then was kidnapped most likely to be trained to be nasty.

Police Commissioner Donchez stated that he would check with the Police Vice Unit regarding the matter.

UGI Gas Company Equipment Installations

Ms. Szabo, turning to the matter of UGI, the gas company, equipment installations outside that she brought up at the last City Council Meeting, advised that she spent an hour and a half on Fourth Street before this evening’s Council Meeting in response to complaints. Ms. Szabo said she strongly feels that the rights of a property owner are violated when they cannot participate in decisions made about what is going to be done to their property, especially when it is something that is extremely unattractive. Ms. Szabo, citing an installation of a pipe that was run up the wall of a house, advised that subcontractors doing the work are making decisions about installations. Ms. Szabo requested that a meeting be held tomorrow and the installations halted until the property owner is contacted directly by a UGI employee who can make decisions. Ms. Szabo related the difficulty a property owner had in trying to contact UGI about the installation while in the meantime the work was already done. Ms. Szabo pointed out that at 1160 E. Fourth Street the pipe seems loose. Ms. Szabo asked that the Administration look into the matter immediately, and that the Law Bureau research the possibility of an Ordinance to specify that permission must be given by a property owner in order for any work to be done on their property. Michael Alkhal, Public Works Director, advised that UGI has agreed to put future installations inside, and come back later to move outside installations to the inside if feasible. Mr. Alkhal highlighted the fact that there are some unique circumstances at individual houses that may make it difficult to have inside installations. Mr. Alkhal agreed that a meeting could be held to review the situation. Ms. Szabo stated that she would like to be included in any discussions with anyone on the subject. Mr. Alkhal affirmed that he will contact Ms. Szabo. Ms. Szabo communicated it is a City-wide legal question whether a property owner has the right to know what is going to be done on their property. Mayor Delgrosso confirmed that UGI will be contacted tomorrow regarding the matter.

Joseph Leeson, Jr., City Solicitor, stated that he will check the PUC regulations and provide a response.

Pit Bulls

Mr. Gregory explained that, sadly, his nephew’s stepson had a pit bull which is considered to be a status symbol, especially when they are turned into mean dogs. Mr. Gregory observed that, until there is a new ordinance, there may not be much that can be done in that regard other than enforce the laws already on the books.

7. COMMUNICATIONS

A. Fire Commissioner – Emergency Operations Plan – Revisions

The Clerk read a memorandum dated May 30, 2003 from Kevin G. Moyzan, Fire Commissioner, requesting consideration of a resolution to adopt the recently completed revisions to the City of Bethlehem’s Emergency Operations Plan.

President Schweder stated authorizing Resolution 11 B is listed on the Agenda.

B. Director of Public Works – Establishing Additional Streets – City Map

The Clerk read a memorandum dated June 9, 2003 from Michael Alkhal, Director of Public Works, to which was attached a draft of the ordinance establishing additional streets on the General Plan of Streets and Map of the City. The ordinance will update the City’s street map and adjust the Liquid Fuels funding accordingly.

President Schweder stated that the authorizing Ordinance will be listed on the July 1, 2003 Agenda for First Reading.

C. Director of Public Works – Federal Aid Reimbursement Agreement Amendment – Paint Mill Bridge Project

The Clerk read a memorandum dated June 10, 2003 from Michael Alkhal, Director of Public Works, to which was attached a copy of the amendment to the Federal Aid Reimbursement Agreement for the Paint Mill Bridge Replacement project on Schoenersville Road over the Monocacy Creek. The amendment will add funds in the amount of $50,000 to increase the total funding from $100,00 to $150,000 for final design and right-of-way acquisition for the project. The City will be reimbursed 95% of these costs. Also attached was a copy of a suggested resolution authorizing execution of the amended agreement as required by PennDot.

President Schweder stated that authorizing Resolution 11 C is listed on the Agenda.

8 . REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Lawrence Krauter – Planning Commission

Mayor James Delgrosso appointed Lawrence Krauter to the City Planning Commission, effective until March 2008. Mr. Donchez and Mrs. Belinski sponsored Resolution 14,100 to confirm the appointment.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 5. The Resolution passed.

2. Administrative Order – Carol Dimopoulos – Fine Arts Commission

Mayor James Delgrosso reappointed Carol Dimopoulos to the Fine Arts Commission, effective until May 2006. Mr. Donchez and Ms. Szabo sponsored Resolution 14,101 to confirm the appointment.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 5. The Resolution passed.

C. Finance Committee

Mr. Donchez, Acting Chairman of the Finance Committee, presented an oral report of the Committee’s meeting held at 7:00 p.m. prior to the City Council Meeting this evening on the following subjects: Transfers of Funds – Health Bureau.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 26 – 2003 – Zoning Map Amendment – Rezoning Portion of Bethlehem Commerce Center – HI to IR-F

The Clerk read Bill No. 26 – 2003, Zoning Map Amendment – Rezoning Portion of Bethlehem Commerce Center – HI to IR-F, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 5. Bill No. 26 – 2003, hereafter to be known as Ordinance No. 4199, was declared adopted.

B. Bill No. 27 – 2003 – Amending Article 1120 – Emergency Medical Services

The Clerk read Bill No. 27 – 2003, Amending Article 1120 – Emergency Medical Services, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 6. Bill No. 27 – 2003, hereafter to be known as Ordinance No. 4200, was declared adopted.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Authorizing Execution of Use Permit Agreement – VIABLE – Memorial Pool Building

Mr. Donchez and Ms. Szabo sponsored Resolution 14,102 which authorized the execution of a Use Permit Agreement between Visual Impairment and Blindness Services of Northampton County, Inc. (VIABLE) and the City for use of the Memorial Pool Building for the period September 24, 2003 to October 19, 2003 for the Fabric Sale, according to the terms and conditions of the agreement.