Council Minutes

December 23, 2002 Meeting Minutes

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

4. APPROVAL OF MINUTES

The minutes of December 3, 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

Leaf Pickup

Mr. Delgrosso inquired about the status of leaf pickup operations. Charles Brown, Director of Parks and Public Property, acknowledging it has been difficult, advised it is anticipated that leaf pickup would be finished sometime after Christmas since the operation is running a little behind schedule in light of the recent icy weather conditions.

7. COMMUNICATIONS

A. Assistant City Solicitor - Records Destruction Resolution

The Clerk read a memorandum dated December 16, 2002 from William Alexander Karras, Assistant City Solicitor, to which was attached a proposed resolution to destroy records from the Purchasing Department listed on the attached exhibit, according to the schedule contained in the Municipal Records Retention Act.

President Gregory noted that authorizing Resolution 11 A is listed on the Agenda.

B. Deputy Director of Community Development - HOME Program - Activity Description Clarification

The Clerk read a letter dated December 17, 2002 from Dana B. Grubb, Deputy Director of Community Development, to which was attached a proposed resolution to amend the activity description of the FY 2000 Action Plan to accurately reflect the intended use of allocation of HOME funding pertaining to rehabilitation of rental property in the South Side area.

President Gregory stated that, unless the Community Development Committee wishes to review this matter, the authorizing Resolution can be placed on the January 7, 2003 Council Agenda.

C. Director of Planning and Zoning - Proposed "Land Swap" at Stefko Boulevard and Pembroke Road

The Clerk read a memorandum from Darlene L. Heller, Director of Planning and Zoning, dated December 19, 2002, to which was attached a proposed resolution regarding an alternative procedure for the sale of a parcel of land located east of Stefko Boulevard and south of Pembroke Road involving a land swap with a property owner.

President Gregory stated that, unless the Parks and Public Property Committee wishes to review this matter, the authorizing Resolution can be placed on the January 7, 2003 Council Agenda.

8 . REPORTS

A. President of Council 1. Councilmanic Appointment - Jean Belinski - Library Board

President Gregory appointed Jean Belinski to the Library Board effective until January 2006. Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,970 to confirm the appointment.

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

2. Councilmanic Appointment - April Herrity - Library Board

President Gregory reappointed April Herrity to the Library Board effective until January 2006. Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,971 to confirm the appointment.

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

3. Councilmanic Appointment - Emil Signes - Library Board

President Gregory reappointed Emil Signes to the Library Board effective until January 2006. Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,972 to confirm the appointment.

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

B. Mayor

1. Administrative Order - Sandra B. Gillen - Fine Arts Commission

Mayor Cunningham appointed Sandra B. Gillen to the Fine Arts Commission effective until December 2005. Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,973 to confirm the appointment.

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

2. Administrative Order - Dennis R. Connell - Codes Board of Appeals

Mayor Cunningham reappointed Dennis R. Connell to the Codes Board of Appeals effective until December 2005. Mr. Callahan and Mrs. Belinski sponsored Resolution 13,974 to confirm the appointment.

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

3. Administrative Order - Flexer A. Illick - Codes Board of Appeals

Mayor Cunningham reappointed Flexer A. Illick to the Codes Board of Appeals effective until December 2005. Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,975 to confirm the appointment.

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

4. Administrative Order - Ellen Foscue Johnson - Fine Arts Commission

Mayor Cunningham reappointed Ellen Foscue Johnson to the Fine Arts Commission effective until December 2005. Mr. Schweder and Mr. Callahan sponsored Resolution 13,976 to confirm the appointment.

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

5. Administrative Order - Dolores Yaschur Sproule - Fine Arts Commission

Mayor Cunningham reappointed Dolores Yaschur Sproule to the Fine Arts Commission effective until December 2005. Mr. Schweder and Mr. Callahan sponsored Resolution 13,977 to confirm the appointment.

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

6. Administrative Order - Linda Brown - Sister City Commission

Mayor Cunningham reappointed Linda Brown to the Sister City Commission effective until December 2005. Mr. Donchez and Mr. Schweder sponsored Resolution 13,978 to confirm the appointment.

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

7. Administrative Order - Cas Sowa - Sister City Commission

Mayor Cunningham reappointed Cas Sowa to the Sister City Commission effective until December 2005. Mr. Donchez and Mr. Schweder sponsored Resolution 13,979 to confirm the appointment.

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

8. Administrative Order - Deirdre Sumpter - Sister City Commission

Mayor Cunningham reappointed Deirdre Sumpter to the Sister City Commission effective until December 2005. Mr. Donchez and Mr. Schweder sponsored Resolution 13,980 to confirm the appointment.

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

9. Administrative Order - Jane C. Schaffer - Sister City Commission

Mayor Cunningham reappointed Jane C. Schaffer to the Sister City Commission effective until December 2005. Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,981 to confirm the appointment.

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

C. Parks and Public Property Committee

Mrs. Belinski, Chairwoman of the Parks and Public Property Committee, presented an oral report of the Committee's meeting that was held December 12, 2002 on the following subject: Collegiate Grand Prix Bicycle Race.

Ms. Szabo arrived at 7:59 PM at which time President Gregory called for a recess. The meeting was reconvened at 8:02 PM.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 45 - 2002 - Adopting the 2003 General Fund Budget The Clerk read Bill No. 45 - 2002, Adopting the 2003 General Fund Budget, on Final Reading. Amendment No. 1 to Bill No. 45 - 2002 Mr. Donchez and Mr. Schweder sponsored the following Amendment:

That the following in Section 2 which reads as follows: SECTION 2. Appropriations in the sum of Forty-Four Million, Nine Hundred Fifteen Thousand ($44,915,000) Dollars are hereby made from the General Fund as follows:

To the Council:
Personal Services $ 137,039
Purchase of Services 58,445
Materials and Supplies 0
Equipment 0

TOTAL $ 195,484

To the Mayor:
Personal Services $ 163,581
Purchase of Services 7,114
Materials and Supplies 1,000
Equipment 0

TOTAL $ 171,695

To the Controller:
Personal Services $ 180,654
Purchase of Services 3,615
Materials and Supplies 0
Equipment 0

TOTAL $ 184,269

To the Department of Administration:
Personal Services $ 1,264,884
Purchase of Services 142,797
Materials and Supplies 90,350
Equipment 0

TOTAL $ 1,498,031

To the Department of Community and Economic Development:
Personal Services $ 3,393,903
Purchase of Services 2,427,224
Materials and Supplies 127,875
Equipment 69,685

TOTAL $ 6,018,687

To the Department of Parks and Public Property:
Personal Services $ 2,366,661
Purchase of Services 1,075,485
Materials and Supplies 131,000
Equipment 0

TOTAL $ 3,573,146

To the Department of Public Works:
Personal Services $ 2,031,645
Purchase of Services 1,471,465
Materials and Supplies 146,611
Equipment 0

TOTAL $ 3,649,721

To the Department of Police:
Personal Services $ 7,606,606
Purchase of Services 290,655
Materials and Supplies 579,921
Equipment 0

TOTAL $ 8,477,182

To the Department of Fire:
Personal Services $ 5,217,966
Purchase of Services 58,410
Materials and Supplies 121,076
Equipment 0

TOTAL $ 5,397,452

To General and Civic Expenses:
Taxes, Insurance, Social Security,
Unemployment Comp., Workers Comp.,
Pensions, Accumulated Sick Leave,
Heart and Lung Act, Trust Payments,
Defined Contribution Plan Match $ 9,214,945

Refunds and Prior Year's Encumbrances $ 100,904

Memorial Day Decorations, Fourth of July Celebration, Halloween Parade, Music Fund $ 53,000

Tourism, Senior Citizens, PA League of Cities Dues, Fine Arts Commission $ 123,000
U.S. Conference of Mayors $ 2,300
Bicycle Fund 1,000
Coalition for Alternative Transportation $ 5,000
Community Public Radio (WDIY) $ 3,000

TOTAL $ 15,555,343

shall be amended to read as follows:
SECTION 2. Appropriations in the sum of Forty-Four Million, Nine Hundred Twelve Thousand, Four Hundred ($44,912,400) Dollars are hereby made from the General Fund as follows:

To the Council:
Personal Services $ 137,039
Purchase of Services 51,945
Materials and Supplies 0
Equipment 0

TOTAL $ 188,984

To the Mayor:
Personal Services $ 163,581
Purchase of Services 6,114
Materials and Supplies 1,000
Equipment 0

TOTAL $ 170,695

To the Controller:
Personal Services $ 178,654
Purchase of Services 3,615
Materials and Supplies 0
Equipment 0

TOTAL $ 182,269

To the Department of Administration:
Personal Services $ 1,304,286
Purchase of Services 137,297
Materials and Supplies 87,350
Equipment 975

TOTAL $ 1,529,908

To the Department of Community and Economic Development:
Personal Services $ 3,408,356
Purchase of Services 2,400,844
Materials and Supplies 126,785
Equipment 69,730

TOTAL $ 6,005,715

To the Department of Parks and Public Property:
Personal Services $ 2,366,361
Purchase of Services 1,069,985
Materials and Supplies 131,000
Equipment 13,525

TOTAL $ 3,580,871

To the Department of Public Works:
Personal Services $ 2,030,745
Purchase of Services 1,466,965
Materials and Supplies 144,611
Equipment 2,295

TOTAL $ 3,644,616

To the Department of Police:
Personal Services $ 7,603,606
Purchase of Services 574,921
Materials and Supplies 290,655
Equipment 0

TOTAL $ 8,469,182

To the Department of Fire:
Personal Services $ 5,214,666
Purchase of Services 56,910
Materials and Supplies 113,826
Equipment 0

TOTAL $ 5,385,402

To General and Civic Expenses:
Taxes, Insurance, Social Security,
Unemployment Comp., Workers Comp.,
Pensions, Accumulated Sick Leave,
Heart and Lung Act, Trust Payments,
Defined Contribution Plan Match $ 9,230,945

Refunds and Prior Year's Encumbrances $100,909

Memorial Day Decorations, Fourth of July Celebration, Halloween Parade, Music Fund $ 47,900

Tourism, Senior Citizens, PA League
of Cities Dues, Fine Arts
Commission $ 117,720

U.S. Conference of Mayors $ 2,100
Bicycle Fund 800
Coalition for Alternative Transportation $ 4,500
Community Public Radio (WDIY) $ 2,700
TOTAL $ 15,559,768

Voting AYE on Amendment No. 1: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Amendment passed.

Amendment No. 2 to Bill No. 45 - 2002 - Adding Two Positions in the Health Bureau - Communicable Disease Director and Community Health Planner

President Gregory stated that, as Council will recall, the Administration recommended that the following two positions be deleted in the Health Bureau: Director of Communicable Disease (which is vacant), and Community Health Planner. President Gregory stated he would like to amend the Bill to add the two positions in the Health Bureau.

Mrs. Belinski and Ms. Szabo sponsored the following Amendment:

That the following in Section 2 which reads as follows: SECTION 2. Appropriations in the sum of Forty-Four Million, Nine Hundred Twelve Thousand, Four Hundred ($44,912,400) Dollars are hereby made from the General Fund as follows: To the Department of Community and Economic Development:
Personal Services $ 3,408,356
Purchase of Services 2,400,844
Materials and Supplies 126,785
Equipment 69,730

TOTAL $ 6,005,715

shall be amended to read as follows: SECTION 2. Appropriations in the sum of Forty-Five Million, Seventeen Thousand, Two Hundred Twenty-Eight ($45,017,228) Dollars are hereby made from the General Fund as follows:

To the Department of Community and Economic Development:
Personal Services $ 3,513,184
Purchase of Services 2,400,844
Materials and Supplies 126,785
Equipment 69,730

TOTAL $ 6,110,543

President Gregory, remarking that the matter of the Administration's proposed deletion of the positions of Communicable Disease Director and Community Health Planner in the Health Bureau has been discussed at length during the past Budget Hearings, noted that these two positions are almost exclusively utilized for the residents of Bethlehem and can be and to a degree are covered by State grant funding which he believed was under Act 315. President Gregory continued on to say that City residents would pay very little to keep these positions that he restated would serve the citizens of Bethlehem. Recounting there had been some concerns about whether or not the individuals would be doing some work for the County, President Gregory read from a letter he received from a Health Bureau employee in which it was stated "that the two Bureau positions have little to do with the efforts underway to develop a regional health department, [and] that these two positions spend minimal time on regional issues. The only function on a regional issue for the Communicable Disease Director is oversight of one of the HIV grants provided by the County. All other activities cover City of Bethlehem residents only. The Community Health Planner is involved in regional issues minimally as a part of developing surveillance and evaluation systems for the other directors, and as a representative of the City at bioterrorism meetings which require coordination of City activities with regional plans. The Health Bureau division with the most regional programs is chronic disease but nothing was targeted for elimination in that program area. [The] Administration has eliminated two positions that provide services almost exclusively to the City of Bethlehem residents while retaining all the grants and programs that provide service regionally. If regionalization were the true issue at hand, the Administration would have focused on eliminating positions and staff that cover areas outside the City. But, instead, they eliminate positions that dedicate virtually all of their time to Bethlehem programs." Focusing on the cost, President Gregory stated that much of the $400,000-$500,000 cost to the General Fund of the Health Bureau is actually indirect cost allocation, as referenced in the memorandum from Dennis Reichard, Business Administrator, that was distributed this evening to the Members of Council. President Gregory said these costs would remain even if the Health Bureau would be eliminated. He continued on to say that the 15% increase in the Health Bureau's 2003 budget is misleading as it was largely driven by additional State grant dollars. President Gregory communicated that the gist of the matter is "we're getting two positions for next to nothing and I think if we don't support these positions for the City of Bethlehem we obviously saw where the health department's going. We're losing a Director, we're losing the Medical Director, and a good percentage of our [Health] Board because of these. They obviously feel this is very serious. I think we need to reconsider this issue, and support adding those monies in to cover these positions."

President Gregory, in response to Mr. Delgrosso, affirmed that the amendment would add the two positions back into the Budget, and on the revenue side monies would be added to the City Health - Grants and Gifts category.

Voting AYE: Mrs. Belinski, Mr. Delgrosso, Ms. Szabo, and Mr. Gregory, 4. Voting NAY: Mr. Callahan, Mr. Donchez, and Mr. Schweder, 3. President Gregory declared the Amendment failed noting that, according to the Third Class City Optional Charter Law, an increase in any item or items in the Mayor's Budget shall become effective only upon an affirmative vote of two-thirds of the Members of Council.

Amendment No. 3 to Bill No. 45 - 2002 - Adding One Position in the Health Bureau - Community Health Planner

President Gregory stated he would like to amend the Bill to add one position of Community Health Planner in the Health Bureau.

Mrs. Belinski and Ms. Szabo sponsored the following Amendment:

That the following in Section 2 which reads as follows:

SECTION 2. Appropriations in the sum of Forty-Four Million, Nine Hundred Twelve Thousand, Four Hundred ($44,912,400) Dollars are hereby made from the General Fund as follows:

To the Department of Community and Economic Development:
Personal Services $ 3,408,356
Purchase of Services 2,400,844
Materials and Supplies 126,785
Equipment 69,730

TOTAL $ 6,005,715

shall be amended to read as follows: SECTION 2. Appropriations in the sum of Forty-Four Million, Nine Hundred Fifty-Eight Thousand, Two Hundred Two($44,958,202) Dollars are hereby made from the General Fund as follows:

To the Department of Community and Economic Development:
Personal Services $ 3,454,158
Purchase of Services 2,400,844
Materials and Supplies 126,785
Equipment 69,730

TOTAL $ 6,051,517

President Gregory, recounting that Council had asked the Health Bureau to identify possible savings for the Community Health Planner position, noted the Health Bureau has done so. President Gregory asserted if the position is not placed back in the Budget then grant money will be lost. President Gregory, asking that the Members of Council again consider putting the position back into the Budget, reiterated his opinion that a disservice will be done to the taxpayers in that this, as well as the other, position is funded by the State.

Voting AYE: Mrs. Belinski, Mr. Delgrosso, Ms. Szabo, and Mr. Gregory, 4. Voting NAY: Mr. Callahan, Mr. Donchez, and Mr. Schweder, 3. President Gregory declared the Amendment failed since, according to the Third Class City Optional Charter Law, an increase in any item or items in the Mayor's Budget shall become effective only upon an affirmative vote of two-thirds of the Members of Council.

Voting AYE on Bill 45 - 2002, as Amended by Amendment No. 1: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Ms. Szabo, 6. Voting NAY: Mr. Gregory, 1. Bill No. 45 - 2002, hereafter to be known as Ordinance 4161, was declared adopted.

B. Bill No. 46 - 2002 - Adopting the 2003 Water Fund Budget

The Clerk read Bill No. 46 - 2002, Adopting the 2003 Water Fund Budget, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Ms. Szabo, 6. Voting NAY: Mr. Gregory, 1. Bill No. 46 - 2002, hereafter to be known as Ordinance 4162, was declared adopted.

C. Bill No. 47 - 2002 - Adopting the 2003 Sewer Fund Budget

The Clerk read Bill No. 47 - 2002, Adopting the 2003 Sewer Fund Budget, on Final Reading.

Amendment to Bill No. 47 - 2002 - Adding MIPP Coordinator

Mrs. Belinski moved to add the position of MIPP Coordinator, that had been eliminated in the proposed Budget, in the amount of $57,675 because she felt it was very unwise to merge positions as had been recommended by the Administration. President Gregory seconded the motion.

Voting AYE on the Amendment: Mrs. Belinski and Mr. Gregory, 2. Voting NAY: Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Ms. Szabo, 5. The Amendment failed.

Voting AYE on Bill No. 47 - 2002: Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Ms. Szabo, 5. Voting NAY: Mrs. Belinski and Mr. Gregory, 2. Bill No. 47 - 2002, hereafter to be known as Ordinance 4163, was declared adopted.

D. Bill No. 48 - 2002 - Adopting the 2003 Golf Course Enterprise Fund Budget

The Clerk read Bill No. 48 - 2002, Adopting the 2003 Golf Course Enterprise Fund Budget, on Final Reading.

Mr. Donchez and Mr. Delgrosso sponsored the following Amendment:

That Section 1 which reads as follows:

SECTION 1. Appropriations in the sum of [One Million, Four Hundred Ninety-Two Thousand, ($1,492,000)] Dollars are hereby made from the Golf Course Enterprise Fund as follows:

Golf Course Enterprise Fund:
Personal Services $ [610,751]
Purchase of Services 645,949
Materials and Supplies 173,600
Equipment 61,700

TOTAL $[1,492,000]

shall be amended to read as follows:

SECTION 1. Appropriations in the sum of One Million, Four Hundred Ninety Thousand, ($1,490,000) Dollars are hereby made from the Golf Course Enterprise Fund as follows:

Golf Course Enterprise Fund:
Personal Services $ 608,751
Purchase of Services 645,949
Materials and Supplies 173,600
Equipment 61,700

TOTAL $ 1,490,000

Voting AYE on the Amendment: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Gregory, Mr. Schweder, Ms. Szabo, and Mr. Donchez, 7.

Voting AYE on Bill 48 - 2002, as Amended: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 48 - 2002, hereafter to be known as Ordinance 4164, was declared adopted.

E. Bill No. 49 - 2002 - Adopting the 2003 Liquid Fuels Fund Budget

The Clerk read Bill No. 49 - 2002, Adopting the 2003 Liquid Fuels Fund Budget, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 49 - 2002, hereafter to be known as Ordinance 4165, was declared adopted.

F. Bill No. 50 - 2002 - Adopting the 2003 Capital Budget for Non-Utilities

The Clerk read Bill No. 50 - 2002, Adopting the 2003 Capital Budget for Non-Utilities, on Final Reading.

Amendment to Bill No. 50 - 2002

Mr. Donchez and Mr. Callahan sponsored the following Amendment:

That the following in Section 2. which reads as follows:

SECTION 2. Appropriations in the sum of Twenty Million, [Five Hundred Eighteen Thousand, Five Hundred Eighty-One ($20,518,581)] Dollars are hereby made from the sources indicated in Section 3 hereof as follows:

Equipment - General Fund:
Equipment - 2003 $ [554,000]

TOTAL NON-UTILITY BUDGET $[20,518,581]

shall be amended to read as follows:

SECTION 2. Appropriations in the sum of Twenty Million, Seven Hundred Fourteen Thousand, Eight Hundred Sixty-Six ($20,714,866) Dollars are hereby made from the sources indicated in Section 3 hereof as follows:

Equipment - General Fund:
Equipment - 2003 $ 531,660

TOTAL NON-UTILITY BUDGET $20,714,866

That the following in Section 3. which reads as follows:

SECTION 3. The expenditures listed in Section 2 hereof shall be made from the following sources:

Federal and State Grants $ [9,791,142]
250th Anniversary 30,075
Union Blvd Bridge Reimbursement 60,000
Lehigh County Phase I & II 120,000
2001 COOP Grant 1,000,000
Moravian Corp. 500,000
Other 2,150,000
1999 Bond Issue 985,700
2001 Bond Issue 1,271,100
2003 Bond Issue [4,241,500]
Recreational Facilities [127,160]
Cash 241,904

TOTAL REVENUES $[20,518,581]

shall be amended to read as follows:

SECTION 3. The expenditures listed in Section 2 hereof shall be made from the following sources:

Federal and State Grants $ 9,951,792
250th Anniversary 30,075
Union Blvd Bridge Reimbursement 60,000
Lehigh County Phase I & II 120,000
2001 COOP Grant 1,000,000
Moravian Corp. 500,000
Other 2,150,000
1999 Bond Issue 985,700
2001 Bond Issue 1,271,100
2003 Bond Issue 4,219,160
Recreational Facilities 127,160
Cash 299,879

TOTAL REVENUES $ 20,714,866

Voting AYE on the Amendment: Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 6. Voting NAY: Mr. Delgrosso, 1. The Amendment passed.

Voting AYE on Bill No. 50 - 2002, as Amended: Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 6. Voting NAY: Mr. Delgrosso, 1. Bill No. 50 - 2002, hereafter to be known as Ordinance 4166, was declared adopted.

G. Bill No. 51 - 2002 - Adopting the 2003 Capital Budget for Water Utilities

The Clerk read Bill No. 51 - 2002, Adopting the 2003 Capital Budget for Water Utilities, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 51 - 2002, hereafter to be known as Ordinance 4167 was declared adopted.

H. Bill No. 52 - 2002 - Adopting the 2003 Capital Budget for Sewer Utilities

The Clerk read Bill No. 52 - 2002, Adopting the 2003 Capital Budget for Sewer Utilities, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 52 - 2002, hereafter to be known as Ordinance 4168, was declared adopted.

I. Bill No. 53 - 2002 - Adopting the 2003 Community Development Budget

The Clerk read Bill No. 53 - 2002, Adopting the 2003 Community Development Budget, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Ms. Szabo, 6. Voting NAY: Mr. Gregory, 1. Bill No. 53 - 2002, hereafter to be known as Ordinance 4169, was declared adopted.

J. Bill No. 54 - 2002 - Adopting the 2003 9-1-1 Fund Budget

The Clerk read Bill No. 54 - 2002, Adopting the 2003 9-1-1 Fund Budget, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 54 - 2002, hereafter to be known as Ordinance 4170, was declared adopted.

K. Bill No. 55 - 2002 - Fixing the 2003 Tax Rate for All City Purposes

The Clerk read Bill No. 55 - 2002, Fixing the 2003 Tax Rate for All City Purposes, on Final Reading.

Amendment to Bill No. 55 - 2002 - Segregating Landfill Debt

President Gregory confirmed that, as Council will recall, the Administration has recommended that the Landfill debt portion of the tax rate be listed in the City Real Estate Tax Ordinance instead of a Resolution as has been done in the past.

Accordingly, Mr. Donchez and Mrs. Belinski sponsored the following Amendment that delineated in the Ordinance, as recommended by the Administration, that portion of the tax rate to be provided for Landfill debt, taking the place of the formerly passed Resolutions, most recently Resolution 13,729 adopted December 18, 2001, by which the sum of $490,400 from the revenues raised from the Tax for the year 2002 for General City purposes shall be segregated and/or escrowed in a separate account, all of such funds to be earmarked and designated solely and exclusively to pay off debt pertaining to the landfill, only, and for no other purpose.

That Section 1 which reads as follows:

SECTION 1. That a tax be paid and the same is hereby levied on all persons and real property within the said City subject to taxation for City purposes for the fiscal year, as follows:

Tax for the year 2003 for General City purposes, the sum of seven and ninety-five hundredths (7.95) mills on each dollar of assessed valuation [or the sum of seventy-nine and five tenths (79.50) cents on each one hundred dollars of assessed valuation];

For Recreation purposes, the sum of forty-eight hundredths (.48) mills on each dollar of assessed valuation [or the sum of four and eight tenths (4.80) cents on each one hundred dollars of assessed valuation];

For Debt purposes, the sum of two and thirty-one hundredths (2.31) mills on each dollar of assessed valuation [or the sum of twenty-three and one tenth (23.10) cents on each one hundred dollars of assessed valuation];

For Library purposes, the sum of seventy-six hundredths (.76) mills on each dollar of assessed valuation [or the sum of seven and six tenths (7.60) cents on each one hundred dollars of assessed valuation] to wit:

Purpose	Mills on Each Dollar of Assessed Valuation	Cents on Each One Hundred Dollars of Assessed Valuation
General	7.95	79.50
Recreation Levy	.48	4.80
Debt	2.31	23.10
Library	.76	7.60
Total - All Purposes	11.50	115.00

shall be amended to read as follows:

SECTION 1. That a tax be paid and the same is hereby levied on all persons and real property within the said City subject to taxation for City purposes for the fiscal year, as follows:

Tax for the year 2003 for General City purposes, the sum of seven and ninety-five hundredths (7.95) mills on each dollar of assessed valuation [or the sum of seventy-nine and five tenths (79.50) cents on each one hundred dollars of assessed valuation];

For Recreation purposes, the sum of forty-eight hundredths (.48) mills on each dollar of assessed valuation [or the sum of four and eight tenths (4.80) cents on each one hundred dollars of assessed valuation];

For Debt purposes, the sum of two and twenty-seven hundredths (2.27) mills on each dollar of assessed valuation [or the sum of twenty-two and seven tenths (22.70) cents on each one hundred dollars of assessed valuation];

For Landfill Debt purposes, the sum of four hundredths (.04) mills on each dollar of assessed valuation [or the sum of four tenths (.40) cents on each one hundred dollars of assessed valuation];

For Library purposes, the sum of seventy-six hundredths (.76) mills on each dollar of assessed valuation [or the sum of seven and six tenths (7.60) cents on each one hundred dollars of assessed valuation] to wit:

Purpose	Mills on Each Dollar of Assessed Valuation	Cents on Each One Hundred Dollars of Assessed Valuation
General	7.95	79.50
Recreation Levy	.48	4.80
Debt	2.27	22.70
Landfill	.04	.40
Library	.76	7.60
Total - All Purposes	11.50	115.00

Voting AYE on the Amendment: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7.

President Gregory, noting that he will not be supporting the Bill, said one of the reasons he supported the .6 mill increase was with the hope of retaining a number of the jobs that had been recommended for elimination in the Proposed 2003 Budget. Since that was not able to be done, President Gregory communicated his position that services will be lost at the same time that taxes will be increased which he cannot support. Turning to the Early Retirement program that had been offered by the Administration last year, President Gregory stated he would have preferred that those or a considerable number of those positions would not have been filled so that positions lost in the

2003 Budget could have been retained. President Gregory reiterated that he cannot support the tax increase considering the number of positions that were lost. Voting AYE on Bill 55 - 2002, as Amended: Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Ms. Szabo, 5. Voting NAY: Mrs. Belinski and Mr. Gregory, 2. Bill No. 55 - 2002, hereafter to be known as Ordinance 4171, was declared adopted.

L. Bill No. 58 - 2002 - Amending Article 342 - Continuing LERTA Program - Enterprise Development Area

The Clerk read Bill No. 58 - 2002, Amending Article 342 - Continuing LERTA Program - Enterprise Development Area, on Final Reading. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 58 - 2002, hereafter to be known as Ordinance 4172, was declared adopted.

M. Bill No. 59 - 2002 - Amending Article 343 - Continuing LERTA Program - North Side Central Business District

The Clerk read Bill No. 59 - 2002, Amending Article 343 - Continuing LERTA Program - North Side Central Business District, on Final Reading. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 59 - 2002, hereafter to be known as Ordinance 4173, was declared adopted.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Authorizing Records Destruction - Purchasing Bureau

Mr. Donchez and Mr. Schweder sponsored Resolution 13,982 which authorized the disposition of public records from the Purchasing Department listed on Exhibit A, following the schedules and procedures as set forth in the Municipal Records Manual.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed.

Motion - Considering Resolutions as a Group

Mrs. Belinski and Mr. Delgrosso moved to consider Resolutions 11 B through 11 F as a group. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The motion passed.

B. Certificate of Appropriateness - 267 East Church Street

Mr. Delgrosso and Mr. Donchez sponsored Resolution 13,983 which granted a Certificate of Appropriateness to move the fence to reflect the new property line at 267 East Church Street.

C. Certificate of Appropriateness - 541 First Avenue

Mr. Delgrosso and Mr. Donchez sponsored Resolution 13,984 which granted a Certificate of Appropriateness to install windows at 541 First Avenue.

D. Certificate of Appropriateness - 65-67 West Market Street

Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,985 which granted a Certificate of Appropriateness to install a new driveway, new light fixtures at the front door and moldings around windows at 65-67 West Market Street.

E. Certificate of Appropriateness - 318 East Fourth Street

Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,986 which granted a Certificate of Appropriateness to install a non-illuminated wall sign on the front of the building at 318 East Fourth Street.

F. Certificate of Appropriateness - 115 East Third Street

Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,987 which granted a Certificate of Appropriateness to replace the terra cotta (narrow columns) to the right and left of the lower ground floor windows with brick at 115 East Third Street.

Voting AYE on Resolutions B through F: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolutions passed.

12. NEW BUSINESS

Parking Authority Executive Director - Letter of Commendation

Mrs. Belinski noted that the Members of Council received a copy of a letter from the mother of a Lehigh student who had received numerous parking tickets. Mrs. Belinski, reading from the letter, related that the mother expressed how sympathetic, patient, kind, and professional she found Hector Nemes, Parking Authority Executive Director, to be in light of the situation. The woman commended Mr. Nemes who she felt was a dedicated employee.

Sinkhole - Lafayette Avenue - Northeast Bethlehem

Mrs. Belinski advised it was reported to her on Saturday that sometime last year a sinkhole occurred on Lafayette Avenue. The owners of the property incurred $12,000 of expense to fill in the sinkhole. One of the City's water pipes burst, and the City's insurance carrier advised it cannot be proved what came first, the sinkhole or the broken water pipe. In addition, the owners have incurred additional damage on their front lawn coming almost up to their house, and it will cost another $12,000-$14,000 to fix the additional damage from another sinkhole. Relating that the center of the sinkhole was in the street under the water line, Mrs. Belinski questioned how can the City's insurance carrier say they are not responsible and the homeowners have to pay if the sinkhole originated under the pipe in the street. Mrs. Belinski, stressing that the street belongs to the City of Bethlehem and it is the City's pipeline, questioned how the insurance carrier can say they cannot prove which came first, the sinkhole or the pipe. Mrs. Belinski noted it is her understanding that two more homes are now involved in the sinkhole issue. Mrs. Belinski, expressing the hope that something can be done to help the homeowners, communicated that the Mayor tried to help last year.

Joseph Leeson, Jr., City Solicitor, affirming that periodically claims of this type are forwarded to the City by homeowners indicating that sinkholes have developed on their property or in the street, communicated this is a very costly problem City-wide and is not focused just on one property. Attorney Leeson explained that in his view the obligation of City government is to pay those claims for which the City is responsible as a result of negligence, contractual obligation, or some legal duty, and not to honor all claims that are submitted to the City. Attorney Leeson continued on to explain the problem with sinkholes is that it is a "chicken and egg analysis type problem". Attorney Leeson informed Mrs. Belinski that if the sinkhole developed due to natural ground fault, ground water, or erosion of the limestone, and if that occurred first, and then because of collapse of the ground and dirt around it, the water line then ruptures, that is not something that resulted because of the City's negligence, and that is not something for which the City has a contractual obligation. If, however, due to a maintenance or some other problem caused by the City, or if the City was aware of a leak in the water line but did not fix it, that would be a potential liability situation. Attorney Leeson advised that the problem on Lafayette Avenue has been turned over to the City's insurance company, and, as is customary, the City asked the carrier to conduct an analysis of who if anyone is at fault for the problem. If the City is not at fault, the City does not act as a guarantor or an insurer of owners properties in the City when natural disasters such as sinkholes occur. Attorney Leeson noted that, if the City were of a mind to say whenever a sinkhole occurred on a resident's property the City would pay for the damage, it would be within Council's discretion to fund that type of budgetary allocation but it would be very costly because the question becomes who gets paid and who does not. In light of the claims that come through, Attorney Leeson reiterated it would be a very costly problem because the area is prone to sinkholes. A further complication is the analysis of whether the sinkhole originated on and occurred on private property, and then expanded into the street; or, whether it started in the street and extended to private property. Attorney Leeson, advising that most insurance companies will not provide coverage for loss of ground, pointed out that, based on the type of insurance policy, there would be full coverage in the event of collapse of a structure into the sinkhole.

Mrs. Belinski asked if the City can check to make sure the water pipe is not leaking further since it will cause more damage.

Attorney Leeson confirmed that Kathleen Reese, Director of Water and Sewer Resources, has said the water line will be checked. Attorney Leeson added that from time to time the City receives protests from people whose claims are turned down by the insurance company which the City will review.

Mr. Delgrosso communicated it is a sad case in that it was about six months before the City did the street over and had the owner put in sidewalks, but after the first snow it caved in.

Health Bureau - Elimination of Two Positions - Information from Pennsylvania Department of Health

Mr. Gregory informed the assembly that he contacted Michael Huff, Pennsylvania Department of Health, Director, Bureau of Community Health Systems, about the proposed job cuts in the City's Health Bureau. Referring to the letter received from Mr. Huff, President Gregory advised in the letter it was stated that according to Act 315 the minimum staffing requirements are director of the local health department, director of nursing, director of environmental health services, and medical director. The director of communicable disease and community health planner are not Act 315 position requirements. However, the Act does require that communicable disease control is one of the personal health services that must be provided. To complete the minimum public health programs required by Act 315, staffing priorities must be given to the areas of administrative and supportive services, personal health services, and environmental health services. President Gregory advised the hope was expressed by Mr. Huff that the City will quickly replace the Director of the Bureau of Health and the Medical Director because they are staffing required by Act 315; otherwise, the State could take over the City's Health Bureau. President Gregory noted it was stated that under the Bioterrorism grants more money would be coming to the City, but if the City does not have the infrastructure to accept the funds then the City probably would not get the state grant funding.

Ms. Szabo recalled that about two years ago she was quoted in the Morning Call as saying that sooner or later the City would have to increase taxes, and when it would be done the taxes would have to be high and citizens would be upset. Affirming she was well aware that the City could not go on every year without raising taxes sometime, Ms. Szabo said, however, "it is hard for me to respect the procedure that we went through with this budget when department heads were not communicated with. I'm sure every department head would have been willing to cooperate, and the end result could have been the same, but they were not talked to…".

Mayor Cunningham responded he has no idea what Ms. Szabo is talking about when she says he admitted he did not talk to department heads. Secondly, Mayor Cunningham said he takes great offense to her analysis of the budget process of which she was not a part. Mayor Cunningham affirmed it was done in a very systematic and thorough manner, communicating with all department heads about what was done.

Ms. Szabo insisted that the Mayor admitted it publicly when she asked when did the Mayor make the decision about eliminating those two jobs in the Health Bureau and whether the Mayor ever communicated with the Department Head, and he said no.

Mayor Cunningham stated "we would be best served if we read the Third Class City Code and understand what the job of the mayor and the executive branch of government is, and what the job of City Council and the legislative job of city government is, and we could work harmoniously if we understand what each other's duties are."

13. COURTESY OF THE FLOOR

None.

14. ADJOURNMENT
The meeting was adjourned at 8:47 p.m.
ATTEST:

City Clerk

14. ADJOURNMENT
The meeting was adjourned at 8:47 p.m.
ATTEST:

City Clerk