Council Minutes

February 4, 2003 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, February 4, 2003 – 7:30 PM – Town Hall

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

President Gregory called the meeting to order. Mr. Callahan 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, Magdalena F. Szabo, and James S. Gregory, 7.

Citation – Honoring Lawrence Enstrom

President Gregory stated that the Citation honoring Lawrence Enstrom, on the occasion of his retirement from the Public Works Department after 40 years of service to the City, will be forwarded to him since he was unable to be present at the meeting.

4. APPROVAL OF MINUTES

The minutes of January 21, 2003 were approved.

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

Liquor License Transfer Request – From Lehigh Township to 1214 Stefko Boulevard

President Gregory pointed out that, as a result of Communication 7 E that will be read into the record later, Resolution 11 A, Approving a Liquor License Transfer Request from Lehigh Township to 1214 Stefko Boulevard, has been removed from this evening's Agenda.

Administrative Orders – Andrew Twiggar – Planning Commission and Sandra E. Figueroa – Board of Health

President Gregory noted that, later in the Agenda, he will accept a motion to remove from the Table the following two Resolutions that were tabled at the January 21, 2003 City Council Meeting: Administrative Order appointing Andrew Twiggar to the Planning Commission; and, Administrative Order reappointing Sandra Figueroa to the Board of Health.

Rezoning Request – Lehigh Valley Hospital - Muhlenberg Campus – CM - Office Research Center District to I - Institutional District

President Gregory stated that, in view of questions raised at the last City Council Meeting of January 21, 2003, he will recognize the representative on behalf of Lehigh Valley Hospital, Lou Liebhaber, to speak to the matter of the hospital's rezoning request.

Lou Liebhaber, of Weathersfield Drive, Allentown, Chief Operating Officer of Lehigh Valley Hospital, referring to a map of the Lehigh Valley Hospital (LVH) - Muhlenberg Campus location, explained the rezoning request, the recent improvements on the property, and the expansion plans. Mr. Liebhaber highlighted the campus location with Route 22 to the North, Westgate Drive to the South, Schoenersville Road to the East, and Route 378 to the West. Mr. Liebhaber informed the assembly that, over the five and a half years since the merger of Lehigh Valley Hospital with the former Muhlenberg Hospital, investments totaling $60 million have been made on the campus. He enumerated the building improvements including a psychiatric hospital, pediatric unit in conjunction with Children's Hospital of Philadelphia, medical office building, central utilities building, cancer center, in-vitro fertilization laboratory, new patient care equipment, technology, and information systems. A new hospital building with 188 beds is proposed, that would replace the current in-patient hospital that has 108 beds, to accommodate existing and growing demand, as well as an aging population. About 400 new employees will be brought to the campus. Additional new physician office space and potentially more parking will be available. Over a seven year period, approximately $120 million will have been invested on the campus, bringing jobs and health care. Mr. Liebhaber pointed out that the hospital buys locally wherever it can; e.g., B. Braun Medical for in-patient services.

Amending Zoning Ordinance – Section 1311.02 - Use Regulations – Paragraph (1) by Adding Paragraph (11) – Allowing Motor Vehicle Sales and Service Agency as a Use Permitted by Right in the CG District

Attorney Paul Florenz, representing Dick Milham, said he would like to remind the Members that the proposed amendment to the Zoning Ordinance Section 1311.02, Use Regulations – Paragraph (1), to add Paragraph (11) in order to allow Motor Vehicle Sales and Service Agency as a Use Permitted by right in the CG District is related to the proposed Zoning Ordinance Amendment to the LI District that would remove Motor Vehicle Sales and Service Agency as a permitted use in the LI District. Attorney Florenz added that proposed amendment to the Zoning Ordinance for the LI District has been tabled. Attorney Florenz continued on to state "it is our request tonight that the proposed amendment to the CG zoning district also be tabled along with the LI amendment so that, at some time in the future, both of these proposals can be taken off the table and dealt with together because I think Council recognizes that they evolved together and they should be dealt with together."

Rezoning Request – Lehigh Valley Hospital - Muhlenberg Campus – CM - Office Research Center District to I - Institutional District

Stephen Antalics, 737 Ridge Street, posed the following questions concerning the request to rezone property of Lehigh Valley Hospital-Muhlenberg from CM to Institutional: why it is being requested to rezone property of Lehigh Valley Hospital-Muhlenberg from CM to Institutional; why not leave it as it is; what is the long term effect to the City in terms of taxes of rezoning a large parcel to Institutional; and, is it a reversible process.

Tony Hanna, Director of Community and Economic Development, responded that the request to rezone the parcel from CM to I was an attempt to consolidate all of the zones on the Hospital campus. All of the property that the Hospital owned would then be in the Institutional zone to allow them to develop the property for hospital use. What was the former IBM corporate headquarters was then zoned CM because that was an appropriate zone for that use. The former IBM office building is currently utilized by the Hospital for administrative space that would speak to an Institutional zone for that property. Mr. Hanna affirmed that the Planning Commission and the Planning staff were supportive of the rezoning for consistency. Turning to the question about long term effects of the taxability, Mr. Hanna noted, as was stated at the Public Hearing, the County Assessor basically looks at the use of the building and not the underlying zone in determining whether or not a property is tax exempt from real estate taxes. Mr. Hanna highlighted the fact that there are properties on the Lehigh Valley Hospital-Muhlenberg campus that are zoned Institutional but on which real estate taxes are paid such as several of the medical office buildings. Mr. Hanna continued on to say if the building is occupied by physicians with private practices then the building will be taxed. Mr. Hanna exemplified that portions of buildings can be taxed, a prime example of which is Campus Square at Lehigh University. The 6,600 square feet of retail space that Lehigh University rents to outside retailers is taxed, even though the property is zoned Institutional. In further response to Mr. Antalics, Mr. Hanna explained that usually the Institutional zoning district is used to accommodate the needs of institutions such as a hospital, college, university, or public school. Restating that the uses of the buildings are reviewed, Mr. Hanna said there are a broad range of permitted uses. Mr. Hanna informed Mr. Antalics that the net gain of changing the zoning is consistency from a zoning standpoint, and facilitation from a planning and zoning perspective. Now it is a permitted non-conforming use in the zoning district. Mr. Hanna added that from a land use perspective it is better. Mr. Hanna confirmed to Mr. Antalics that almost the entire Hospital campus is zoned Institutional and this parcel was an anomaly in being zoned CM because of its previous use.

Mr. Delgrosso noted that rezoning the land to Institutional limits the Hospital's ability to market the land for something else under Commercial uses, and the Hospital's campus properties will be for hospital and related uses.

6. OLD BUSINESS

None.

7. COMMUNICATIONS

A. Bethlehem Authority – Gift of Land to Bethlehem Housing Authority – Clemente Field

The Clerk read a letter dated January 23, 2003 from Stephen R. Salvesen, Executive Director of the Bethlehem Authority, requesting Council's approval of the gift of land at Clemente Field from the Bethlehem Authority to the Bethlehem Housing Authority.

President Gregory stated it is anticipated that the authorizing Resolution can be placed on the February 18 Council Agenda, unless the Parks and Public Property Committee or Public Works Committee would like to review the matter

Mrs. Belinski, Chairwoman of the Parks and Public Property Committee, and Ms. Szabo, Chairwoman of the Public Works Committee, both confirmed neither Committee desires to meet on the matter, and Council can take appropriate action.

B. Deputy Director of Community Development – Transportation Enhancement Program Grant – South Side Improvements

The Clerk read a letter dated January 24, 2003 from Dana B. Grubb, Deputy Director of Community Development, requesting consideration of a resolution to authorize the execution of the contract for a Transportation Enhancement Program Grant, Contract No. 050541, from the PA Department of Transportation, which will provide an additional $250,000 towards lighting and streetscape improvements within the Sasaki Master Plan study area of the South Side Business District.

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

C. Rezoning Request – Eighth Avenue (Former Durkee Plant) – LI - Light Industrial to IR - Industrial Redevelopment District (19.77 Acres) and RG - Residential (12.87 Acres)

The Clerk read a letter dated January 29, 2003 from Attorney Ronald J. Reybitz representing Tiger Den Partners, LLC, containing the request to amend the zoning map for approximately 34 acres located on Eighth Avenue, the site of the former Durkee Plant, from LI Light Industrial to IR Industrial Redevelopment District (19.77 acres) and RG Residential District (12.87 acres).

Mrs. Belinski, referring to a letter that Members of Council received from the Lehigh Valley Economic Development Corporation (LVEDC) in which LVEDC expressed its agreement with the rezoning request, asked that Mr. Hanna inform Council, for the benefit of and in the interest of people who live in West Bethlehem, who are the Board of Directors of LVEDC, and is the organization public, private, or a combination.

Mr. Hanna agreed to make the list of the Board of Directors of LVEDC available to the Members of Council. Mr. Hanna added that LVEDC is a private, not for profit corporation, of which some of its directors are public officials, and most are private individuals.

Mrs. Belinski further requested the data used by LVEDC in support of the rezoning request. Mrs. Belinski asked what are the allowable uses in the RG Residential District and the IR Industrial Redevelopment District. Mr. Hanna noted that the IR zone is a very flexible zone, primarily intended for industrial property owners who wanted to redevelop what was a former Brownfields site. Mr. Hanna expressed the belief that the petitioners feel they have an appropriate site for that zone. Mrs. Belinski requested a list of the allowable uses in the RG Residential District and the IR Industrial Redevelopment District.

President Gregory referred the rezoning request to the Planning Commission and the Lehigh Valley Planning Commission.

Scheduling Public Hearing

Mr. Donchez and Mrs. Belinski moved to schedule a Public Hearing on the rezoning request at a Special City Council Meeting on Tuesday, April 8, 2003 at 7:30 PM in Town Hall.

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

D. City Solicitor – Lease Agreement – Golf Course Clubhouse Restaurant – Mali’s Café, LLC

The Clerk read a memorandum dated January 31, 2003 from Joseph F. Leeson, Jr., City Solicitor, to which was attached a proposed Lease Agreement for the operation of a restaurant with liquor license at the Golf Course Clubhouse by Mali’s Cafe, LLC, according to the terms and conditions of the Agreement.

President Gregory referred the proposal to the Parks and Public Property Committee.

President Gregory requested that the Clerk read additional Communication 7 E into the record.

E. Liquor License Transfer – From Lehigh Township to 1214 Stefko Boulevard - Withdrawal of Request

The Clerk read a letter dated February 3, 2003 from Attorney Gene Roscioli in which it was stated that the application submitted by JGD, Inc. in connection with the transfer of Restaurant Liquor License Number R-7018 from Lehigh Township, Northampton County, Pennsylvania to 1214 Stefko Boulevard, Bethlehem, Northampton County, Pennsylvania is hereby withdrawn.

President Gregory affirmed that, as a result of the withdrawal, Resolution 11 A has been removed from this evening's Agenda.

8 . REPORTS

A. President of Council

President Gregory stated that, with Council's concurrence, he will send a memorandum to Darlene Heller, Director of Planning and Zoning, to have the Planning Commission make a formal recommendation on Definitions of Repair Garage and Auto Body Shop, and adding Auto Body Shop to the LI District. Council previously received a memorandum dated January 13, 2003 from Ms. Heller regarding this matter in conjunction with the Planning Commission's recommendation not to add motor vehicle sales and service agencies as a use permitted by right in the CG District.

Vacancy In Office Of The Mayor - Appointment on Tuesday, January 21, 2003 of Mayor Donald T. Cunningham, Jr. as Acting Secretary of the Pennsylvania General Services Administration

President Gregory addressed matters associated with a vacancy in the Office of the Mayor as a result of the appointment on Tuesday, January 21, 2003 of Mayor Donald T. Cunningham, Jr. as Acting Secretary of the Pennsylvania General Services Administration by Governor Ed Rendell. In turn, Mayor Cunningham appointed Dennis W. Reichard, Business Administrator, as Acting Mayor effective January 21, 2003. Mayor Cunningham had stated that he will be tendering a letter of resignation as Mayor as soon as the State Senate confirms his appointment as Secretary of the General Services Administration.

Focusing on the issue of the filing deadline associated with a vacancy in the Office of the Mayor, President Gregory noted that, initially, Christopher Spadoni, City Council Solicitor, had indicated two dates of March 4 and March 11, 2003, but today it was heard the two dates are February 18 with the possibility of March 4, 2003. President Gregory asked if Joseph Leeson, Jr., City Solicitor, could provide clarity regarding the matter.

Attorney Leeson responded that the matter of election of municipal officials is governed by State Election Law. There are several provisions of the election law that have application to this situation. Attorney Leeson said the first one is that State law requires that the City Clerk certify no later than February 18 which municipal offices will be open this year for election. From a management standpoint, Lehigh County and Northampton County request that certification be filed in advance of February 18, and the City Clerk has complied with the requests and the certifications have been filed in accord with the timetable requested by the two Counties. However, if Mayor Cunningham is confirmed and resigns before February 18, the City Clerk will be in position to file and amended certification, and then there will be an election. Advising there is another State statute that also has application, Attorney Leeson said statute indicates that on or before March 4 each County must publish an advertisement listing all of the municipal offices that are to be elected this year. That advertisement must appear no later than March 4 in the newspapers. As far as the details of the turnaround time between when the half page display ad is submitted, Attorney Leeson expressed he does not know what the Morning Call and Express Times require administratively. However, in any case, Attorney Leeson stated that is the deadline that publication must be made; i.e., March 4. The State election law does not prohibit, after that ad is filed and published, someone from circulating a petition between March 4, the date of the ad, and March 11 which is the absolute deadline for filing the nominating petitions. Consequently, Attorney Leeson pointed out it is theoretically possible that Mayor Cunningham could be confirmed and resign March 1, for example, in which case the City Clerk is notified, the City Clerk notifies the County, and the County gets the ad in by March 4. Attorney Leeson explained it is the view of the Northampton County attorneys for the Election Bureau, and noting he researched the matter on his own independently and he believes that their interpretation is accurate based on a fair reading of the law, that if the vacancy occurs and the ad is published on March 4 listing the Office of the Mayor, the petitions can circulate in that one week period between March 4 and March 11, and then an election can be held. Attorney Leeson continued on to say if the ad does not get in listing the Office of Mayor by March 4, then the matter is closed, and there will be no Primary Election. Then, it will fall to the two political parties to make the respective nominations for Mayor, and there will be a General Election in November for Mayor between the Republican and Democratic candidates.

President Gregory, commenting it seems that the deadline of the beginning of the petitions, i.e., February 18, is the solid one, said then after that somebody would have to say there would be time in which to get the advertisement, and restated he would think that first date is the one that seems rather solid. President Gregory observed that after February 18 one gets into a gray area as far as interpretation. President Gregory, continuing on to say the Clerk has to submit the names, remarked if they are not there by the 18th then he is not sure how the County can allow names between February 18 and March 4 to appear in an advertisement.

Attorney Leeson responded at the present they are. Attorney Leeson added the position the County announced to him is the one they announced to the press, and he believes it is correct.

President Gregory said the question he has with respect to that is the Election Board is the one that makes the determination, not the Solicitor for the Board. Attorney Leeson said that he does not know; however he would consider it to be extremely unlikely that they would go against the advice of the attorney based on reading of the law which, in his opinion, is a fair interpretation, and is an interpretation that favors the rights of the citizens to give them as much an opportunity as possible to allow an election to occur. Attorney Leeson added the courts have been very clear and consistent for in excess of 100 years that whenever there is an opportunity to hold an election rather than to allow the political parties to make the nomination, the courts always come down in favor of allowing the electorate to have the choice. Having said that, Attorney Leeson stated "let's see what the resignation date is, we'll evaluate the facts and the law at that time, and we'll see where things stand."

Attorney Spadoni, expressing his agreement with Attorney Leeson, said they had a telephone conversation yesterday and that is the understanding they had from Attorney Treadwell, the solicitor to the Election Commission, and they thought he was correct.

President Gregory said if the Interim Mayor chosen by City Council happens to be a Council Member and then that Member of Council has to be replaced that process will be a little longer and will last until after March 4. Consequently, President Gregory queried whether it is being said that after March 4 most likely the County Committee would then replace the Council person if that person became the Interim Mayor.

Attorney Leeson replied the key date is March 4 in getting the vacancy of the particular office advertised.

Looking at the schedule, President Gregory remarked he would venture a guess that the Mayor's issue might be resolved but the Council Member issue would most likely after March 4 go to the parties. While Council would certainly have someone sit in for the rest of the year, President Gregory stated he would assume after March 4 that would go to the party committees to decide the candidates. Attorney Leeson commented that, as far as timing, President Gregory's guess is as good as anyone's.

B. Mayor

None.

C. Finance Committee

Mr. Delgrosso, Chairman of the Finance Committee, presented an oral report of the Committee’s meeting held on January 27, 2003 on the following subjects: Amending General Fund Budget and Transfer of Funds – Health Bureau; Transfer of Funds – Housing Inspections – Overtime; Amending Non-Utility Capital Budget: (A.) COOP Grant – South Side Business District and (B.) PA Department of Transportation Grant – South Side Business District; Transfer of Funds – Street Landscaping – East Fifth Street; Revising Justification – Health Bureau – Temporary Help; Amending Water Fund Budget – Bethlehem Authority Operating Expenses; Amending Sewer Fund Budget – Sewer Capital – Act 537; Amending Community Development Fund Budget – Steak Swale; and Transfer of Funds – Advertising and Printing – City Clerk’s Office.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 1 – 2003 – Rezoning Lehigh Valley Hospital – Muhlenberg Campus – CM to I

The Clerk read Bill No. 1 – 2003, sponsored by Mr. Delgrosso and Mrs. Belinski, and titled:

AN ORDINANCE AMENDING PART 13 OF THE CODIFIED ORDINANCES OF THE CITY OF BETHLEHEM, PENNSYLVANIA,
AS AMENDED, KNOWN AS THE ZONING ORDINANCE OF THE
CITY OF BETHLEHEM, PENNSYLVANIA, BY AMENDING THE
CITY ZONING MAP.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 1 – 2003 was declared passed on First Reading.

B. Bill No. 2 – 2003 – Zoning Text Amendment – Section 1311.02 – Adding Motor Vehicle Sales and Service Agency as Permitted Use – CG – General Commercial District

The Clerk read Bill No. 2 – 2003, sponsored by Mr. Schweder and Mrs. Belinski, and titled:

AN ORDINANCE AMENDING ARTICLE 1311
OF THE ZONING ORDINANCE OF THE CITY
OF BETHLEHEM, PENNSYLVANIA, AS
AMENDED, ENTITLED C-G GENERAL
COMMERCIAL DISTRICT.

Tabling Bill No. 2 - 2003

Mr. Schweder moved to Table Bill No. 2 - 2003. Mr. Donchez seconded the motion. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 6. Voting NAY: Mr. Callahan, 1. The motion passed.

C. Bill No. 3 – 2003 – Amending General Fund Budget – Health Bureau

The Clerk read Bill No. 3 – 2003, sponsored by Mr. Donchez and Mr. Delgrosso, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2003.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 3 – 2003 was declared passed on First Reading.

D. Bill No. 4 – 2003 – Amending Non-Utility Capital Budget – COOP Grant and PA Department of Transportation Grant – South Side Business District

The Clerk read Bill No. 4 – 2003, sponsored by Mr. Donchez and Mr. Delgrosso, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2003 CAPITAL BUDGET FOR NON-UTILITIES.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 4 – 2003 was declared passed on First Reading.

E. Bill No. 5 – 2003 – Amending Water Fund Budget – Bethlehem Authority Operating Expenses

The Clerk read Bill No. 5 – 2003, sponsored by Mr. Delgrosso and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE WATER FUND BUDGET FOR 2003.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 5 – 2003 was declared passed on First Reading.

F. Bill No. 6 – 2003 – Amending Sewer Fund Budget – Capital Appropriation

The Clerk read Bill No. 6 – 2003, sponsored by Mr. Delgrosso and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE SEWER FUND BUDGET FOR 2003.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 6 – 2003 was declared passed on First Reading.

G. Bill No. 7 – 2003 – Amending Sewer Capital Budget – Act 537

The Clerk read Bill No. 7 – 2003, sponsored by Mr. Delgrosso and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2003 CAPITAL BUDGET FOR SEWER
UTILITIES.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 7 – 2003 was declared passed on First Reading.

11. RESOLUTIONS

B. Authorizing Execution of Use Permit Agreement – American Association of University Women – Bethlehem Branch – Memorial Pool Building – Book Fair

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,000 which authorized the Mayor and the Controller to execute a Use Permit Agreement between the City and the American Association of University Women, Bethlehem Branch, for use of the Memorial Pool Building for the 2003 Book Fair for the period March 17, 2003 to April 28, 2003, according to the terms and conditions of the Agreement.

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

C. Authorizing Execution of Transportation Enhancement Program Federal Aid Reimbursement Agreement – South Side Improvements

Mr. Schweder and Mr. Donchez sponsored Resolution 14,001 authorizing the Acting Mayor and the Controller to execute the Transportation Enhancement Program Federal Aid Reimbursement Agreement No. 050541, for the purpose of obtaining $250,000 in grant funds from the PA Department of Transportation.

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

D. Transfer of Funds – Health Bureau

Mr. Donchez and Mr. Delgrosso sponsored Resolution 14,002 which transferred $9,892 in the General Fund Budget from the Health Bureau – Temporary Help Account to the OPANAC and OPANAC – Equipment Accounts to cover the purchase of computers and travel expenses.

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

E. Transfer of Funds – Housing Inspections – Overtime

Mr. Delgrosso and Mrs. Belinski sponsored Resolution 14,003 which transferred $1,676 in the General Fund Budget from the Health Bureau – Salaries Account to the Housing Inspections – Overtime Account to provide funding for schedule overtime in December 2002 payable in January 2003.

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

F. Transfer of Funds – Street Landscaping – East Fifth Street

Mr. Donchez and Mr. Delgrosso sponsored Resolution 14,004 which transferred $1,891 in the Community Development Budget from the Family Health Center - $753, Ambulance - $347, and Mechanic Street - $791 Accounts to the Street Landscaping Account to provide sufficient funds for the street trees project on East Fifth Street.

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

G. Transfer of Funds – Advertising and Printing – City Clerk’s Office

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,005 which transferred $2,000 in the General Fund Budget from the City Council – Professional Services Account to the City Council – Advertising and Printing Account to provide additional funding in the account to cover required advertising costs.

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

Removing Resolutions 8 B 1 and 8 B5 from the Table

Mr. Donchez and Mrs. Belinski moved to take from the Table Resolutions 8 B 1 and 8 B5 that were Tabled at the January 21, 2003 City Council Meeting.

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

H. Administrative Order – Andrew Twiggar – Planning Commission (Resolution 8 B 1)

Acting Mayor Dennis Reichard read the Administrative Order (Resolution 8 B 1) appointing Andrew Twiggar to the Planning Commission effective until April 2004. Mr. Donchez and Mr. Delgrosso sponsored Resolution 14,006 confirming the appointment.

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

I. Administrative Order – Sandra E. Figueroa – Board of Health (Resolution 8 B 1)

Acting Mayor Dennis Reichard read the Administrative Order (Resolution 8 B 5) reappointing Sandra E. Figueroa to the Board of Health effective until January 2008. Mr. Donchez and Mrs. Belinski sponsored Resolution 14,007 confirming the appointment.

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

12. NEW BUSINESS

Rezoning Requests - Legal Advertising Costs

Mr. Delgrosso, with reference to a discussion at the Finance Committee meeting of January 27, 2003, advised an Ordinance is under review that would require the petitioners to pay for advertising costs for rezoning petitions due to the high cost of legal advertisements. Mr. Delgrosso asked the status of the Ordinance and how quickly it may come before City Council for consideration. Attorney Leeson, affirming that the draft Ordinance has been revised based on the point just raised, noted the draft Ordinance should be delivered to the City Clerk's Office hopefully this week. Mr. Delgrosso, affirming that a large number of rezoning requests are being received, pointed out that the charge to the petitioner is currently $100. Mr. Delgrosso expressed his thought is to charge a flat fee for petitioning, and whatever the cost of the legal ad be sent to the petitioner with the request to pay it by a certain date, e.g. before First Reading. Mr. Delgrosso, highlighting the fact that the costs of legal advertisements for rezoning requests are incurred by the City thereby depleting account funds, explained that payments received from petitioners as outlined under the proposed draft Ordinance would go into a special fund so that funds would be available to pay for advertisements on a revolving basis.

Attorney Leeson, affirming that as has been pointed out some of the legal advertising costs for rezoning requests are considerable, noted that until the draft Ordinance would become effective the City could ask applicants whether they would be willing voluntarily to reimburse the City for out of pocket expenses for the required legal advertisements. Attorney Leeson highlighted the fact that the funds would not remain in the City coffers but rather would reimburse the City on a penny for penny expense for the cost of advertising.

Conectiv Energy Plant - Public Meeting

Mrs. Belinski affirmed that last week Members of Council received a letter from Ms. Sullivan, Director of Community Development for Conectiv Energy. Mrs. Belinski, noting that Conectiv Energy held a meeting in Town Hall on January 23, 2003 concerning their risk management plan, stated that she and Councilman Delgrosso attended the meeting, but she saw very few people in the audience and no reporters were there. When the presentation concluded on how Conectiv was going to ensure the safety of the ammonia that is going to be stored on site, they asked for input from the audience. Mrs. Belinski, reiterating there was hardly anyone at the meeting, advised she was the only one who spoke, and she asked where are the reporters. Mrs. Belinski related that the Express Times reporter said he was not told about the meeting until 4:00 PM that day, and she was not informed until 24 hours before. Mrs. Belinski, advising she was told by representatives of Conectiv that the meeting was advertised on December 20, 2002, highlighted the fact that since it was very close to the Christmas holidays many people were probably too busy with related activities to even notice the advertisement in the newspaper. Mrs. Belinski continued on to relate that Professor Bader, who had been at the first public hearing and was very upset about the possible dangerous consequences of storing ammonia for the cogeneration plant, was not at the January 23, 2003 meeting. After the first public hearing, there was an article in the newspaper saying there was new technology, even though it had been touted that the technology to be used by Conectiv was the latest state of the art. Conectiv had expressed that the new technology had only been used on a limited basis on small units and was not feasible to use at the plant in Bethlehem. Mrs. Belinski pointed out that the residents of Lower Saucon Township who would be in harm's way should the ammonia escape were never notified of the January 23, 2003 meeting. Mrs. Belinski stressed that in the letter she mentioned earlier it had been stated there is no requirement that formal hearings be held on the risk management plan; and, although not required, notice of the January 23, 2003 meeting was placed in all editions of the Morning Call. Reiterating that the small notice was in the newspaper five weeks before the meeting, Mrs. Belinski highlighted the fact that if the Assistant City Clerk had not called the Members of Council notifying them of the January 23 meeting then she and Mr. Delgrosso would not have been aware of it. Mrs. Belinski continued on to point out that the Mayor's Office had not received notice of the January 23 meeting until January 22 and in turn informed the Clerk's Office. Mrs. Belinski indicated that Freemansburg Borough, Bethlehem Township, Hellertown Borough, Hanover Township, and Lower Saucon Township had not been informed. Mrs. Belinski informed the assembly that she received telephone calls from two people who live on Applebutter Road who were extremely upset "at the horrendous noise and vibration now taking place at the Conectiv energy site", and wanted to know what the City was going to do about it. Mrs. Belinski said she is informing the assembly tonight how the so-called meeting on the risk management plant to ensure the safety of the ammonia was "really being a fast shuffle". Mrs. Belinski wondered what the City is going to do about it.

Acting Mayor Reichard indicated that he would look into the matter.

Moravian College - Main Street Renovation Project

Mrs. Belinski, referring to correspondence forwarded to the Members of Council about Moravian College's Main Street renovation project and storm water pipes, asked for a further explanation.

Michael Alkhal, Director of Public Works, noting that the storm water collection piping under the road is a small component of the project, affirmed that Moravian College is proposing an HDPEP pipe that is not uncommon and has been used for this function in the past although not in the City of Bethlehem and has performed fine. Continuing on to say that since the City has no experience with that type of pipe, Mr. Alkhal stated that is why as an extra precaution the
City is requiring an extended warranty period. In response to Mrs. Belinski's comment that Main Street will be completely shut down during the construction period, Mr. Alkhal explained there were many pros and cons reviewed in making the determination to allow the street to be closed during construction for a maximum of two months as opposed to maintaining one lane of traffic northbound. Highlighting the fact that the City insisted that Moravian College meet the two months schedule, Mr. Alkhal pointed out that the college would employ extended hour work and/or weekend work if necessary in order to meet the timeframe. Mr. Alkhal expressed that had the City insisted on having traffic maintained it would have resulted in canceling the project, according to Moravian College, in addition to the fact that it would have meant a three month construction period instead of three. Mr. Alkhal added that Main Street will be closed only from Locust Street to Elizabeth Avenue with many alternate routes available.

Parking Authority Employees - Support of Executive Director

Mr. Callahan said he wanted to call attention to a letter that Members of Council received from employees of the Parking Authority dated January 25, 2003. Recalling there had been controversy related to the appointment of Hector Nemes as Executive Director of the Parking Authority, Mr. Callahan commented he thought it would be fair to at least recognize the job that Mr. Nemes has done over the last year and a half and point out the positive position taken by employees of the Parking Authority since Mr. Nemes has held the position. Reading from the letter, Mr. Callahan noted the employees wanted to show their support and confidence in the Mayor's managerial endorsement of Mr. Nemes as Executive Director of the Parking Authority. They were pleased with the changes Mr. Nemes made in the staff as well as the effect it had on the image of being a "kindler and gentler Parking Authority", and they are confident that the direction he has taken will have a positive outcome on the future of the Parking Authority and its employees. Mr. Callahan continued on to say that the employees wanted to endorse Mr. Nemes in his position as Executive Director, and support his position. Mr. Callahan stated that he wanted to recognize Mr. Nemes for the job he has done over the last year and a half.

Mrs. Belinski expressed she is glad that Mr. Callahan recognized Mr. Nemes. Mrs. Belinski, noting that she is Council's liaison to the Parking Authority, pointed out that any resident who comes to the Parking Authority Board meetings is dealt with and the Board tries to accommodate the individuals. Mrs. Belinski remarked she can verify that it is truly a kindler, gentler Parking Authority.

Vacancy in Office of the Mayor

President Gregory queried what if the Lehigh County Solicitor does not agree with the interpretation of Attorney Treadwell of Northampton County that it can go beyond the February 18 date.

Attorney Leeson, commenting that is unlikely, continued on to note the law indicates that when a majority of a municipality sits in one of two counties it is the dominant or majority county that is usually given deference. Attorney Leeson recalled there was previously at least one earlier occasion where this problem arose involving a school board vacancy about 20 years ago. Attorney Leeson advised Lehigh County at that time deferred to Northampton County because Northampton County has most of the City within its confines. Attorney Leeson communicated he feels that the scenario described by President Gregory is not likely to be a problem. Attorney Leeson confirmed to President Gregory that no one has asked Lehigh County if they are willing to defer yet.

13. COURTESY OF THE FLOOR

Bethlehem Works

Stephen Antalics, 737 Ridge Street, referring to a newspaper article today concerning a press conference between Council Member Schweder and State Representative Rooney, said the text was reassuring in terms of ISG appearing to honor the Bethlehem Works project. Focusing on a meeting of the South Bethlehem consortium last evening at which Representatives Rooney and Samuelson spoke, Mr. Antalics expressed they painted a totally different picture in that if ISG is successful in amending its offer to purchase the former Bethlehem Steel company then the Bethlehem Works project may be padlocked. Mr. Antalics asked if the City plans to take an active role in asking the Board of Directors to adhere to the Bethlehem Works plan embraced initially.

Mr. Schweder responded that discussions are ongoing with all the principals, he is very confident that the matter will be resolved, and the vision for development of the Bethlehem Works site will be preserved. Mr. Schweder further expressed his confidence that various individuals will take appropriate steps to see that is done "as we envisioned it, as was envisioned by Mr. Barnette and Mr. Donches when it was first presented for Bethlehem Works." Mr. Schweder, adding that actions by the City will take place over the next several weeks, communicated he thinks the citizens of the City will be pleased with the results that come from that.

Mr. Antalics asked whether the citizens will be involved in any way to support what the Administration and Council are doing. Mr. Schweder replied there will be ample opportunity for Mr. Antalics and other people to do so as well. In further response to Mr. Antalics' questions about ISG, Mr. Schweder said at this point he has no reason not to trust ISG and has looked at the company's past record. Mr. Schweder continued on to say he knows that, in light of what was discussed yesterday and other discussions and his press conference yesterday, ISG is now well aware of the commitment that has been made by the Delaware Valley Real Estate Investment Fund, by Majestic Realty, and by advocates of the Route 412 improvement project, and other related matters and that the City is very serious about seeing that it has development that makes sense and is in harmony with what has been talked about and planned for over the last several years. Mr. Schweder added he thinks that ISG understands many things are now close to fruition and many want to see those things completed as they were envisioned. Mr. Antalics asked whether it would be unfair to ask ISG to commit in writing what they have said verbally in terms of preservation of the plans if ISG acquires the entire real estate of the Bethlehem Steel Corporation. Mr. Schweder, indicating he does not think anything is unreasonable to ask and that could become a legitimate consideration, advised he does not think it is at that stage yet.

Mr. Delgrosso stated it is fortunate that Mr. Schweder, as Chairman of the Community Development Committee, working with State Representative T. J. Rooney has become involved with Delaware Valley Real Estate Investment Fund because otherwise it might not have been known what is going on and how fast it was moving. Mr. Delgrosso thanked Mr. Schweder and State Representative Rooney for what they have done in moving the issue forward, and stated that hopefully the matter can be resolved.

Mr. Callahan, noting he was present at the meeting referenced by Mr. Antalics at which Representative Rooney spoke, expressed the belief that part of the purpose in Representative Rooney's bringing the issue forward was to garner community support. Continuing on to note that taking the message to Council was discussed, Mr. Callahan asked whether it would be worthwhile for Council to consider making its wishes known in a formal sense through a Resolution.

Mr. Schweder responded that, at the appropriate time, City Council will more than likely be asked to do so or Mr. Schweder will bring the matter before the Members for the City Council Meeting in two weeks. Mr. Callahan noted it had been indicated by Representative Rooney that something may occur within 72 hours. Mr. Schweder, informing Mr. Callahan there are new timetables since then, advised that Representative Rooney is in agreement that the timetable within the next two weeks is appropriate.

Mr. Antalics, expressing his concurrence with Mr. Callahan's comments regarding an activist role, suggested that if the public were made aware of the names and addresses of the board of directors there could be a groundswell attitude which has been effective in many other areas.

Salary of the Mayor

Dave Sanders, 69 E. Goepp Street, expressed his shock that the salary of the Mayor is $66,000 and remarked it is sad when the highest ranking official is not the top paid official. Mr. Sanders thought it was time to look at the Mayor's salary. Mrs. Belinski informed Mr. Sanders that Hector Nemes, Parking Authority Executive Director, voluntarily took a cut in salary and his salary is now below that of the Mayor's.

Bethlehem Authority – Gift of Land to Bethlehem Housing Authority – Clemente Field

Mark Iampietro, Administrative Officer for the Bethlehem Housing Authority, on behalf of Frank Loretti, Executive Director of the Bethlehem Housing Authority, and Larry Kisslinger, Chairman of the Bethlehem Housing Authority Board of Directors, thanked the Bethlehem Authority and Members of Council for the anticipated cooperation in the swap of land for Clemente Park to be given to the Bethlehem Housing Authority by the Bethlehem Authority. Mr. Iampietro communicated it is an investment in the future of young people on the South Side and in particular the Lynnfield area. Mr. Iampietro expressed thanks and appreciation for the proposed gift of land. Ms. Szabo, also expressing her thanks, recounted she was president of the South Terrace Neighborhood Center at the time the park was built. Ms. Szabo noted there was great community support and the neighbors created the park by hand with some help. She noted the Globe-Times newspaper at the time gave financial support as well. Stating she is glad to see serious attention being paid to Clemente Park, Ms. Szabo commented she is sure the neighborhood will cooperate and will benefit from it.

14. ADJOURNMENT
The meeting was adjourned at 8:57 p.m.
ATTEST:

City Clerk