Council Meeting Minutes Tuesday, January 25, 2005

Transcription

1 B o r o u g h o f B r i d g e p o r t Council Meeting Minutes Tuesday, January 25, 2005 BI-MONTHLY MEETING OF THE BRIDGEPORT BOROUGH COUNCIL CONVENED AT 7:45 PM ON TUESDAY, JANUARY 25, COUNCIL PRESIDENT, JOHN PIZZA, LED THE PLEDGE OF ALLEGIANCE TO THE FLAG. ROLL CALL PRESENT President J. Pizza Vice President J. Foley Council Members: P. DiSanto Jr. S. Keirsey D. Melle T. Pruskowski J. Galleo J. Coover ABSENT Mayor J. Nicola Chief Z. Martyniuk ALSO PRESENT Borough Manager E. McCandless Solicitor S. Bello Borough Engineer E. Woyden Admin. Assist. Mary Jo Dickinson Building Inspector A. Barbine Public Works Rep J. Battisto Times Herald Reporter: K. Phucas THIS MEETING WAS PRECEDED BY INTERVIEW SESSIONS BEGINNING AT 6:00 PM AND ENDING AT 7:00 PM WITH AN EX- ECUTIVE MEETING AT 7:00 PM FOR LEGAL AND PERSONNEL MATTERS. MINUTES FROM PREVIOUS MEETING On motion of Council Member Foley and seconded by Council Member Pruskowski to accept minutes from previous meeting. Questions: None Council Approved 8-0. SOLICITOR S REPORT: Sal Bello: There is nothing specific to report. I do have several comments during the agenda which I will make as they come forward. If there are any questions for me I am happy to answer them. BOROUGH ENGINEER S REPORT: Mr. Woyden: Everyone has a copy of my report in front of them. The only thing that I would point out that is not on the Agenda is that one of the items in bold you will note the governor now has the program in place and it is out and called Penn Works. It is now the application process stipulated for the two hundred fifty million dollar grant and loan program for infrastructure work and I would just point out that the Borough is certainly eligible for this. It is a program to provide single year and multi year grants to municipalities where the projects are tied to the construction expansion or improvement of water and wastewater infrastructure which are related to economic development. I believe there may be some merit to the Borough regarding the work that is going to be done at the waterfront. It specifically states that this is for collection treatment or disposal of wastewater including industrial waste and the separation of sanitary and storm sewers not solely used for residential purposes. I would suggest that the Borough may wish to contact their local legislator and find out what the chances are of the Borough to get part of the money. You can get up to ten million dollars. MAYOR S REPORT: not present. BOROUGH MANAGER S REPORT: I will include mine with the Agenda. Thank you. CHIEF OF POLICE REPORT: Not here. PRESIDENT PIZZA: I would like to turn the meeting over to Mr. Foley who has a few words he wishes to say.

2 MR. FOLEY: On behalf of my father-in-law and my family I would like to extend our gratitude for all the cards, flowers, and the warm wishes and condolences offered to our families on the passing of my mother-in-law. Thank you. COMMITTEE REPORTS ALL BOROUGH COMMITTEE REPORTS WERE SUBMITTED TO THE BOROUGH COUNCIL AND ARE POSTED IN THE BOROUGH HALL. REPORTS ARE MADE PART OF THESE MINUTES, WHICH ARE AS FOLLOWS: MAYOR S REPORT, POLICE CHIEF S REPORT, WHICH INCLUDES THE FIRE PO- LICE, PUBLIC WORKS DEPARTMENT AND TRASH REPORT. WASTEWATER TREATMENT PLANT Chairperson P. DiSanto No additions or changes to what has been posted on the outside bulletin board. TRASH Chairperson Melle nothing to add at this time. PLANNING AND ZONING: Mr. Foley: nothing to add at this time. POLICE, FIRE AND SAFETY: Mrs. Keirsey: nothing to add. PROPERTY AND FINANCE Chairperson Pruskowski: final figures for the year 2004 are still being tabulated. I am waiting for one area to be completed. I expect to have these figures in the next few days. I apologize for not having it at this meeting. General ledger reports have been distributed to the individual departments for the period of December 1, 2004 thru December 31 st, 2004 in an effort to maximize the budget process for the year STREETS AND LIGHTS: Chairperson Gadzicki: nothing to add to the report which is posted out on the bulletin board. RECREATION: Chairperson Gadzicki: I will have a report for the next meeting. Ted Pruskowski: The Park and Rec Program started this past Saturday up at the Bridgeport Elementary School for all the children. 9:00 AM to 11:30 PM I believe it runs if anyone has children who are interested. They can sign up at the Bridgeport Elementary School. BILLS AND SALARIES On motion of Council Member Melle and seconded by Council Member Pruskowski to pay all bills and salaries. Questions: None COMMUNICATIONS: None. President Pizza: I wish to thank our Streets Department for the nice job they did and also to thank some of the neighbors on the streets where they came out and helped by moving their vehicles so the streets could be cleaned curb to curb. If more of the town would help the Streets Department by moving vehicles our Streets Department could get the job done faster and better for all of us. AGENDA Mr. McCandless: Item #1 on the Agenda is for Borough Council to consider appointment to fill the Council Vacancy. President Pizza: Do we have a nomination? Council Member Gadzicki: I will make a motion to nominate Joe Galleo to fill the vacancy created by James Costello.

3 Seconded by Council Member David Melle. On motion of Council Member Gadzicki and seconded by Council Member Melle to nominate Joe Galleo to fill the vacancy created by James Costello. Questions: None Council Approved 8-0 President Pizza: I wish to thank everyone who applied and talked to us tonight. I wish we could have had more spaces that we could have taken every body because it was a very good group of people that we had apply. Thank you. Mr. McCandless: Item #2 Consider final approval on development at 522 Grove Street. Mr. Edward Woyden: As Council may recall at the last meeting. There is no representative of the developer here tonight. However, at the last meeting the engineer was here and made a presentation. You all have a copy of my review letter in front of you. All the issues of subdivision and land development have been addressed. Borough Solicitor Bello: do we have time on this, Ed? Edward Woyden: you have time that is correct. Borough Solicitor Bello: My recommendation would be that you table it and invite them to a public session. Because if there are contingencies which I understand there are, we need their agreement on the record. I would recommend that we table it and continue next meeting or until they are able to attend. President Pizza: all in favor of tabling this issue. Mr. McCandless: Item #3 Presentation on proposed development at 830 Bush Street. Solicitor Bello: Before we proceed Mr. McCandless, someone should reach out to the applicant and make sure there is a scheduled meeting that they are aware of that there presence is required for approval. Mr. Woyden: I could do that Mr. McCandless if you so wish. 830 Bush? Mr. McCandless: that is correct. Mr. Woyden: I believe Mr. Smirga the engineer for the next two projects is here and he is prepared to make a brief introduction of the projects to Council. Mr.Smirga: I am the engineer of record for the next two projects the first one being 830 Bush Street. Simply stated Mr. Ross is the owner of the parcel in question. There is an existing house on the parcel. He wants to split the property in half, add a second house attached to the first house to make a twin dwelling. We approached the Borough Zoning Board of Appeals to get approval to build in the front yard since the existing house is built right on the property line and the set back is 15 in that area. We were granted a variance to build the house current with the first house. All other stipulations and conditions that Ed and I had talked about have been addressed on the drawings ad we are seeking final approval tonight. Mr. Woyden: What John is asking for this is the first meeting for 830 Bush Street. What we are asking is for Council to take a look at it as the process has been established. There are no outstanding issues now that the Zoning Hearing Board approval has been granted for the variance. This is Council s first look at it, if everything is in order, two more weeks. Solicitor Bello: Just so the record is clear. We require two appearances for approval.

4 Mr. Woyden: if Council has any questions for Mr. Smirga for 830 Bush Street, I am sure he would be happy to answer them. He is also here for the next one. Mr. McCandless Item#4 Presentation on development at Prospect Manor. Mr. Woyden: Prospect Manor you also have a letter from me in front of you. They do require one waiver and that is one that you have heard before for town homes that have garages in the front. Mr. Smirga: Prospect Manor is an existing house at 436 Prospect Avenue which presently is in the hands of Desmond and there is an option for sale. We are going to raise the house, rip it down and build four (4) town houses on four consecutive lots. There is a 4 alley to the side of it which services the rear of Rambo Street but there is no alley in the back. The property is graded from front to back so we will raise the elevation of the four town houses and put garages in the front since we have no way of getting to the back. The front set back is 15. We are going to set the houses back 25. The properties are 120 deep. That will allow us to have a 25 driveway in the front for one parking space and then the one car garage for each of the townhouses which will give us the regulatory two parking spaces. All other conditions, Ed and his staff and myself have gone over it and except for the one condition which is to build a house with a front garage, all other conditions have been satisfied. Again I would like to take this as our first meeting. Solicitor Bello: Mr. Smirga just so the records are clear, can you state the applicant s names for both projects? The entities that are involved? Mr. Smirga: the first one is Enrico Ross. The second one which is 436 is Jerry Palonicola. I believe it is Angelo Vuotto. and William Narke. Council Member Pete DiSanto: How does one get to the back yard if there was an emergency and we had to get a fire fighter back there. How does one get to the back yard of the two middle houses? Mr. Smirga: one of two ways. You still are going to have five feet on each side you could run hoses up the side in the back which is not a big run or go on the next street which is I think Huston Street and come through the properties which is only 100. Pete DiSanto: so there is no access from the front to the back then? Mr. Smirga: except through the house. Pete DiSanto: that is the only way. Mr. Smirga: yes. Ted Pruskowski: who would be the owner of the 4 alley? Mr. Smirga: the owner is Bridgeport Borough. Ted Pruskowski: does this alley currently exist? Mr. Smirga: this alley currently does exist. It is not a new alley. The 4 alley is not included in the variance and is completely separate from this piece of property. It would be 9 on one side. Ted Pruskowski: Mr. Smirga, what is the elevation between the first house on one side of the 4 alley and the existing house that is next to it? (Plans are being examined and there is much discussion). Solicitor Bello: Can we put this up on the board so the secretary can take this down, the answer to the question as well as the audience can see what is being discussed? Mr. Smirga: Prospect Avenue is to the side of the sheet right here. You can see the four lots here and the property is graded from front to back. There is about an 8 almost 9 rise in elevation from the front of the

5 property to the back of the property which allows us to enter into the basement or garage level on grade in front. The first story will then bring us about a foot or foot and a half higher than the back elevation. So when you walk out your back door again at grade going out the back. The question that was asked was run off from the adjacent properties on Rambo Street. Those pieces of properties if you look at them right now with the convoluted sidewalks, curbs, etc. between their properties and our property there is really no water that comes down there. All the water just runs immediately onto Prospect Street from the backs of those properties on Rambo Street. There is also a curb as you can see which is shown on the drawing which is about the first 60 of the alley on our side of the property which again will prohibit water from going down onto our properties. We also plan to grade the property with subtle swales to catch the up stream water that is coming from Huston Street back through their properties and direct it around the two buildings. There is not going to be any more water today because the amount of impervious coverage that was on that piece of property and what is going to be proposed there is only about 1400 sq. ft. more impervious coverage than there was. It was a big house with a driveway plus it had a big pool in the back with its decks and walkways. There was quite a large impervious cover. There is still enough land left to grade the property so no run off will go and be detrimental to the houses. We plan to split the elevation of the house. The first two houses which will go to the southwest side of the property will be about 2 higher than the properties on the southeast side to take into consideration the cross sloping of Prospect. So two houses will be about 2 higher than the ones next door. Edward Woyden: what my job is Mr. Pruskowski is to make sure when they do a grading plan that that grading plan does not impact adjacent properties with any run off from this property and also not to adversely impact the homes that people are going to buy these four homes. We do that in our plan reviews and when the plans get approved they are approved as such, but what we can t control is what people do when they move into their homes. We can t control the re-grading of lots, we can t control someone from putting structures in the back. What this plan does do is direct run off away from all the structures to the public cart ways and just for everyone s edification, the road behind it is Hurst Street Mr. Smirga. Mr. Pruskowski: Mr. Smirga, what is the timetable for the building of both properties? Mr. Smirga: it is the intention of the applicants upon final approval to obviously have title transferred and start construction early in the spring. President Pizza: have there been provisions so that all the building materials will be kept off the streets? Mr. Smirga: at the time of building permit I guess a work schedule and a means and methods of construction could be submitted by the builder and the developer at that point of time to handle such a situation. President Pizza: yes to make sure materials are not stacked on the streets. Mr. Pruskowski: Mr. Bello, can you inform Council and the audience as to what our ordinance is concerning heavy equipment being parked on the street within the Borough? Mr. Bello: if you are going to ask me to quote phrase and verse, I probably can t do that, but generally the ordinance reads that you cannot have commercial vehicles on the Borough roads for any extended period to time. My understanding is there is an exception for construction projects and there is a degree of reasonableness that has to be undertaken. I don t think that this particular project or any project like it would fall squarely in the ordinance. However, as a general rule you are not supposed to have commercial vehicles of a certain size and I think there are a number of axles involved that prohibits commercial vehicles from parking on the Borough roads. Mr. Pruskowski: the reason for my question is when hypothetically looking at this project here quite frequently there is heavy equipment parked in that parking lot at times. I believe this is due to the electrical contractor that is on Prospect Avenue. My fear is what is going to happen to this equipment once these houses get built and parking is now at a premium. Where is this equipment going to go? We want to make sure that this does not go on the street. Mr. Woyden: what parking lot are we talking about Mr. Pruskowski? Mr. Pruskowski: The Desimone lot. Mr. Bello: I think we are talking about a different project.

6 Mr. Woyden: we are up closer to the intersection of Rambo and Prospect. Mr. Pruskowski: I am sorry. Mr. Smirga: this is a residential house not commercial property. Mr. Woyden: again those two were the first time before Council so in two weeks Mr. Smirga you need to come back. Mr. Bello I was informed that the developer of 522 Grove Street is here. So, if Council would like to reconsider that at this time. Mr. Bello: I have no objections if Council is inclined to hear that application this evening. You can, you do have time if you what to reschedule. Just so everyone in the audience is clear, the Borough requires two meetings for any land development approval that is not specific to these two applications. We require two for every application. President Pizza: was he here at the time when we passed the motion or did he just come in? Mr. Woyden: I am sorry. I did not see him sitting back there. I believe he has been here the entire time. 522 Grove Street has no outstanding issues at this time. This is its second meeting. Mark Canale speaking: My company is PMC Properties and I am the builder for the client who has the subdivision submitted to the Borough Council. Mr. Bello: who is the applicant. Mr. Canale: J.R. Homes. Mr. Bello: there is a letter dated January 25, 2005 from Ed Woyden Borough Engineer from Gannet Fleming to Mr. Amedeo Barbine Code Enforcement Officer/Building Inspector. Mr. Woyden: in this letter the development of 522 Grove Street prepared by Borchievitz Surveyors and Cite Planners dated July 21 st, 2004 and last revised December 23, 2004 now has addressed all outstanding issues in the Borough s subdivision and land development ordinances. We would recommend approval be granted contingent upon the following conditions: (1) letter of approval from Montgomery County Conservation District for the resin sedimentation control plan be submitted to the Borough. My understanding is the application has been made that the developer and the builder are just waiting for that water certification from PA American must be submitted to the Borough and finally approval of the sewage soilage planning from the PA Dept of Environmental Protection being received by the Borough. The application I know has been made. With those contingencies the plan is in a posture to be approved by Council if you so wish. Mr. Bello: I understand the applicant is requesting no waivers? Mr. Woyden: that is correct. Mr. Bello: so we would need a motion to approve or deny what you are going to approve subject to the three conditions set forth in the letter of January 25, Mr. Foley: I recommend on motion that we approve the project at 522 Grove Street contingent upon the three approvals that need to be submitted stated in the Gannet Fleming letter of January 25, On motion of Council Member Foley and seconded by Council Member DiSanto that we approve the project at 522 Grove Street contingent upon the three approvals that need to be submitted stated in the Gannet Fleming letter of January 25, Questions: none

7 President Pizza: when we talked previously about the same thing with building materials. You will keep that off the street? Mr. Canale: exactly. Mr. Pete DiSanto: when will these conditions be met? Mr. Bello: prior to issuance of any building permit? Mr. Woyden: that is correct, Mr. DiSanto. Mr. McCandless: Agenda #5: Motion to approve Ordinance implementing Emergency and Municipal Tax Services. It has been legally advertised and I supplied the solicitor with a proof of advertising on that. Mr. Bello: the proposed ordinance was advertised on the 3 rd, 10 th and 17 th of January in the Times Herald. The statute does require that the advertisement be in three consecutive weeks and the Borough has complied. So you would need a motion to approve the ordinance or deny the ordinance. On motion of Council Member Foley and seconded by Council Member Melle that we approve Ordinance implementing Emergency and Municipal Tax Services. Questions: none PUBLIC COMMENT Susan McNamara, 337 Grove Street, Bridgeport, PA. I had a situation that happened today. Something has to be done about it. I know we had a big snow and I thank the Borough for clearing it. They did a good job so we could get off our street and move onto where we had to go. We have some people who consider throwing snow across the street because they don t want it in front of their house. We have people who pile snow and block your driveway whether or not you use your garage or your driveway. I made a comment to a gentleman who is in the audience to his son and he must have gone in and told his father. He came down and said, you don t use your garage anyway, so why does it matter if the snow is removed from there or not? I have the right to be able to use my garage, my driveway, whether I put junk in it, whether I pull my car in there. For the twenty-four years I have lived there I have not been able to get in and out of there if someone is parked in the front or across the street. There is no way to swing out. We have a sign in front of our house which was approved by Council. There was one next door in front of 339, but the Council approved to have the sign taken down and have the lady next door put in a nice tree. Well, people still continue to park there and I cannot get in and out of my driveway whether I want to get in there or not. I would like to be able to get in there some time. I know they are going to come clean the streets and paint the lines back on the street again. I think they either need to put the sign back up or even if you paint lines in there, there is not even enough room for a VW bug to fit in there for the people on the other side who have a driveway to get out properly. They don t want the sign up next door. Well, I would like to be able to use my driveway too. I know I have off street parking and I have a lot of parking on the street more so than most people. I would like to know how to go about doing this or if the people who are in my ward can help me out somehow. Council Member Gadzicki: when there was a sign up, did that prevent the parking? Ms. McNamara: no, people still park there for a half an hour and I said to one young lady who parked out there. She said she did not see the sign. Or, they used to block my driveway and you can ask the police how many times my name is downstairs for having to call. They said it is our job, call us every time. Council Member Gadzicki: when the police respond, are they writing tickets?

8 Ms. McNamara: that I don t know. I can t justify what the police do. Sometimes I am sure they do, sometimes it depends on who the people are. A lot of time people hear it on the scanner ahead of time and they pull the car away before they get there when I call out the number that is on the license plate. I was told to call out every time. If someone is blocking your property and you can t get in. They said they didn t know it was a garage back there. Well, I know I am the only one on the street with a garage. It has been there since I moved there twenty-four years ago. You tell me what I can do to prevent this and for people to know not to pile the snow in a pile there. Okay, he agreed to take the snow away and that was fine, but I said leave it there at this point now. President Pizza: we will get someone to look into that for you. We will send a memo down to the Chief and have him look into that for you. Pat Laffredo, 325 Grove Street. I kindly went down to the lady s house and asked her if my son did put the snow in front of her driveway. She did not say anything at that time. I said did he pile all that snow in front of your driveway? She said, no, it wasn t all the snow, only on the top. I said, if he put any snow there, I will remove it. She said that she was planning on cleaning out her driveway. I said I would move it. She said you are not going to put it in front of my house. She wants me to put it on the sidewalk of the other house. All the snow she took out of her driveway she put in the street in front of her house, not on the sidewalk. Ms. McNamara: No, I did not. Solicitor Bello: what we have here is a two fold issue. You have a civil dispute amongst neighbors and I invite you guys to retain attorneys. Secondarily, I think you have a potential police issue and unfortunately the police chief is not with us this evening and I have already heard Council suggest that they will turn it over to the police for investigation and inquiry. I don t think this is the appropriate forum for the two of you to debate the issue. Ms. McNamara: the snow that is on the street was not put there by me, it was by people across the street that threw it across the street on the street because when they pushed the snow up that is the way the Borough pushed it up. We had no control over that. My snow is on the sidewalk. Joseph Battisto, Public Works: we will be out tomorrow and clean the snow up. Let s try to get along. Ms. McNamara: that is beside the point, I am talking about not being able to use my garage and my driveway which Mr. Laffredo made mention that I do not use my garage. Mr. Bello: This is not the appropriate forum for the two of you to engage in a dialogue over the issue. I appreciate you both coming out, there are some civil aspects to this and this is not the appropriate forum for. There are some police issues that should be turned over to the police for handling. If there is anything that you want to state to the board you should state it and not debate each other. Ms. McNamara: I understand that the sign was supposed to be put back up had there still been issues with me being able to get in and out of my driveway for the people next door. They did not want the sign in front of their house. I believe that was a stipulation if there were still issues, the sign would be put back up. Can someone look into that and get back to me? President Pizza: Absolutely. Mr. Pruskowski: We just had 13 of snowfall. Parking in the Borough was a problem to begin with to say the least. I think our Streets Department does an excellent job with the resources they have, let alone the overtime that they put in. One thing that the residents have to understand is, they do not own the street in front of their property. When the street gets plowed for residents that have garages, or corner properties, or inlets and fire hydrants outside their house, quite frequently they get plowed in. There is no where to put these mounds of snow. ADJOURNMENT On motion of Council Member and seconded by Council Member to adjourn this meeting at 8:41 PM.

9 Questions: None RESPECTFULLY SUBMITTED, MARY JO DICKINSON RECORDING SECRETARY