Council Minutes

March 18, 2003 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, March 18, 2003 – 7:30 PM – Town Hall

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

President Gregory called the meeting to order. Ms. Szabo offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, John B. Callahan, Robert J. Donchez, J. Michael Schweder, Magdalena F. Szabo, and James S. Gregory, 6. (James A. Delgrosso resigned as a Member of Council effective March 12, 2003 due to his appointment to fill the vacancy in the Office of Mayor on March 11, 2003 by City Council.)

Citation - Honoring Brigido Garza

President Gregory stated that the Citation honoring Brigido Garza, on the occasion of his retirement from the Department of Water and Sewer Resources after 32 years of service to the City, will be forwarded to him since he was unable to be present at the meeting.

Citation - Honoring Frank G. Poniktera, Jr.

President Gregory presented a Citation to Frank G. Poniktera, Jr. on the occasion of his retirement from the Department of Water and Sewer Resources, after 39 years of service to the City.

Citation - Honoring Robert M. Steidinger

President Gregory presented a Citation to Robert M. Steidinger on the occasion of his retirement from the Fire Department, after 38 years of service to the City.

4. APPROVAL OF MINUTES

The minutes of March 4, 2003 and March 11, 2003 were approved.

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

None.

6. OLD BUSINESS

None.

7. COMMUNICATIONS

A. Planning and Zoning Director – RM Residential District Overlay – Zoning Text Amendment

The Clerk read a memorandum dated March 14, 2003 from Darlene L. Heller, Director of Planning and Zoning, to which was attached her March 6, 2003 memorandum to the Planning Commission, regarding the Planning Commission’s approval, at its March 13, 2003 meeting, of a revision to the previously submitted RM-Residential Overlay proposal. The revision continues to limit the height of the buildings to 2-1/2 stories along Cherry Lane but increases the height limitation to 3-1/2 stories to the rear of the lot where the elevations of the land are lower.

President Gregory stated it is anticipated that City Council can vote to reschedule and set a new Public Hearing date at its next Meeting on Tuesday, April 1, 2003.

B. City Solicitor – Bethlehem Commerce Center and Majestic Realty – Zoning Map Amendments

The Clerk read a memorandum dated March 11, 2003 from Joseph F. Leeson, Jr., City Solicitor, in which Attorney Leeson acknowledged that, as noted in his attached letter dated March 11, 2003 to Attorney Charles Campbell, on behalf of Bethlehem Steel Corporation, Attorney Campbell requested that the Public Hearing on the rezoning for the Bethlehem Commerce Center be postponed for approximately 30 days. Attorney Leeson recommended that the postponement be approved, and requested that City Council reschedule a new date for the Public Hearing. Attorney Leeson advised that the proposed rezoning of the Majestic Realty Company tract may proceed as scheduled because all of the required documentation has been submitted for that tract.

President Gregory stated it is anticipated that City Council can vote to reschedule and set a new Public Hearing date at its next Meeting on Tuesday, April 1, 2003.

8 . REPORTS

A. President of Council

Development of Former Durkee Site - Eighth Avenue - Zoning Appeal Filed by Attorney Donald Miles - Scheduled Public Hearing - April 8, 2003

President Gregory stated that, in light of the letter received from Attorney Donald Miles in which Attorney Miles advised that a Zoning Appeal has been filed pertaining to development of the former Durkee property on Eighth Avenue, he would ask Christopher Spadoni, City Council Solicitor, to confirm whether or not the Special City Council Meeting scheduled on Tuesday, April 8, 2003 at 7:30 PM in Town Hall to hold a Public Hearing on the rezoning request can take place.

Christopher Spadoni, City Council Solicitor, confirmed that City Council may proceed with the Public Hearing on April 8, 2003 as scheduled. Attorney Spadoni advised that the rezoning request is not subject to the stay provisions of the Municipalities Planning Code.

City Council Vacancy - Resignation of James A. Delgrosso as a Member of Council Effective March 12, 2003 After Being Appointed by City Council to Fill Vacancy in Office of Mayor

President Gregory, noting that he would have liked to address as soon as possible the matter of the vacancy on City Council, resulting from the resignation of James A. Delgrosso as a Member of Council effective March 12, 2003 due to his appointment to fill the vacancy in the Office of Mayor on March 11, 2003 by City Council, highlighted the fact that some Members of Council will be out of town next week. President Gregory stated he would have liked to set a process tonight for filling the vacancy and a date on which City Council will take action to fill the vacant City Council seat. President Gregory offered to the Members of Council the suggestion of a seven day period within which anyone could send a letter of interest to City Council, and if they wish their resume. President Gregory, pointing out that the deadline after the seven day period would be Wednesday, March 26, 2003, commented that the time could be set for 12:00 Noon by which letters of interest to fill the vacancy City Council seat would need to be submitted.

President Gregory affirmed to Mr. Callahan that the matter would be advertised. Mr. Callahan inquired how soon could the advertisement be placed. The Clerk responded that an advertisement could probably be placed in the March 20 edition. In further response to Mr. Callahan, the Clerk confirmed that the advertisement could be placed twice if Council so desires.

President Gregory, observing there is not yet a date set for interviews, queried if Council wants to make a motion for advertising.

Motion

Mr. Callahan moved that the vacant City Council position be advertised at least on one day, as soon as possible, and that at the close of business on Wednesday, March 26, 2003 which would be 4:30 p.m. a letter of intent or interest should be submitted to the City Clerk's office. Mr. Donchez seconded the motion.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 6. The motion passed.

City Hall Garage - Security Gates

President Gregory, expressing concern about the security gates at the City Hall Garage, recounted it has always been a concern of his and is an issue he had raised with the past Administration. President Gregory asserted that, if the public wants to come to City Hall for meetings, then City officials should do their best to see that the public can get here. President Gregory requested that, for any City Council or Planning Commission meetings that will be similar to the Planning Commission meeting scheduled for tomorrow when an overflow crowd is expected, people not be forced to park on New Street, and other distant places. President Gregory, while acknowledging it is up to the Administration, said he would like to see the security gates to the City Hall Garage kept open at least on those meeting nights, if possible. President Gregory, highlighting the fact that anybody has access through the Library to get into the Garage, pointed out if the Administration feels the need to schedule a Police Officer at the Garage then an Officer could be posted there. President Gregory, commenting that the Administration could do whatever it desired during the day, reiterated that for the City Council Meetings he would like to see the security gates to the Garage kept open but acknowledged that is the Administration's call.

Mayor Delgrosso stated he has talked to the Police Commissioner and the Administration about the matter. Affirming that although he has the same feelings as President Gregory about the matter, Mayor Delgrosso advised the Police Department has asked that the garage gates not be kept open at this time due to national affairs.

President Gregory, while expressing his disagreement, confirmed it is within the purview of the Administration and commented he will respect that.

B. Mayor

1. Administrative Order – Mari Girardot – Sister City Commission

Mayor James Delgrosso appointed Mari Girardot to the Sister City Commission, effective until March 2006. Mr. Schweder and Mrs. Belinski sponsored Resolution 14,024 to confirm the appointment.

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

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 8 – 2003 – Amending Non-Utility Capital Budget – 1999 and 2001 Bond Issues – Year End Figures

The Clerk read Bill No. 8 – 2003, Amending Non-Utility Capital Budget – 1999 and 2001 Bond Issues – Year End Figures, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 6. Bill No. 8 – 2003, hereafter to be known as Ordinance 4180, was declared adopted.

B. Bill No. 10 – 2003 – Amending 9-1-1 Fund Budget – Communications Center Upgrade

The Clerk read Bill No. 10 – 2003, Amending 9-1-1 Fund Budget – Communications Center Upgrade, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 6. Bill No. 10 – 2003, hereafter to be known as Ordinance 4181, was declared adopted.

10. NEW ORDINANCES

A. Bill No. 11 – 2003 – Rezoning West Second Street and Union Station Plaza (Former Johnson Machinery Building) – HI to CB

The Clerk read Bill No. 11 – 2003, sponsored by Mr. Schweder and Mr. Callahan, 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.

Funding for Parking Project - Northampton County Bond Issue

Mr. Callahan, recounting that discussions took place at the last City Council Meeting, asked where it stands with respect to funding for the parking project from the Northampton County Bond Issue.

Tony Hanna, Director of Community and Economic Development, said as far as the Northampton County Administration is concerned they have advised the City that dollars can be expended based on their bond counsel's opinion that it is proper to spend dollars. Mr. Hanna continued on to say that Northampton County Council has yet to retain separate bond counsel. Mr. Hanna further stated that the developers have started spending money for the public parking structure. Noting the City has received its first bill, Mr. Hanna stated that, on the advice of Joseph Leeson, City Solicitor, the City should escrow the initial sum when it is received to provide the opportunity for Northampton County to direct the City to release it.

Mr. Callahan queried whether it is the goal to draw down the $900,000 immediately. Indicating in the affirmative, Mr. Hanna explained that the City would like to get a clarification or advise the Northampton County Administration that the City would like them to authorize the City to release the funds. Mr. Hanna reiterated that the developer is already expending dollars based on the advice of the Northampton County Administration.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 6. Bill No. 11 – 2003 was declared passed on First Reading.

11. RESOLUTIONS

A. Transfer of Funds – Stefko Drainage Swale

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,025 which transferred $70,000 in the Community Development Budget from the Mechanic Street, East Fifth Street and Fiot Avenue Accounts to the Stefko Swale Account for improvements to the Stefko Drainage Swale in the vicinity of SmitHahn Company.

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

B. Certificate of Appropriateness – 42 West Market Street

Mr. Schweder and Ms. Szabo sponsored Resolution 14,026 which granted a Certificate of Appropriateness to renovate the exterior of 42 West Market Street.

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

C. Certificate of Appropriateness – 129 East Market Street

Mr. Schweder and Mr. Callahan sponsored Resolution 14,027 which granted a Certificate of Appropriateness to replace the garage doors at 129 East Market Street.

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

D. Certificate of Appropriateness – 450 Main Street

Mr. Callahan and Mr. Donchez sponsored Resolution 14,028 which granted a Certificate of Appropriateness to install signs at 450 Main Street.

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

E. Amending 2003 CDBG Program – Code Enforcement

Mr. Schweder and Mr. Callahan sponsored Resolution 14,029 which amended the 2003 Annual Action Plan for the CDBG Program to provide $28,000 of funds to pay for code enforcement and to reduce the CDBG funding for the Housing Rehabilitation Program to $260,000.

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

12. NEW BUSINESS

Citizen Letter of Commendation - Chief Housing Inspector

Mrs. Belinski, referring to a letter sent to President Gregory from Donna Wagner, a resident of Laufer Street, read the letter in which Ms. Wagner commended the excellent job done by Michael Palos, Chief Housing Inspector. The citizen stated that many improvements are evident since Mr. Palos started his position, Mr. Palos responds quickly to complaints, is dedicated to his job, and is the perfect match for his position.

President Gregory observed that, in recognition of her past concerns, Ms. Wagner's letter says a lot and acknowledged it is a testament to the job being done by Mr. Palos.

13. COURTESY OF THE FLOOR

Sister City of Bethlehem - Murska Sobota, Slovenia - Bethlehem Officials Connections

Stephen Antalics, 737 Ridge Street, advised that he forwarded to Murska Sobota, Slovenia, one of Bethlehem's sister cities, newspaper reports of James Delgrosso being chosen as Mayor by City Council. Mr. Antalics noted that former Council Member James Delgrosso was warmly welcomed and well received when he had visited Murska Sobota. Pointing out that some Members of Council have a Slovenia connection, as does the Police and Fire Commissioners and former Mayor Cunningham, Mr. Antalics said he does not see a Slovenia connection with Mayor Delgrosso. Consequently, Mr. Antalics quipped he would suggest that Mayor Delgrosso change his last name, or Mr. Antalics would arrange with the Mayor of Murska Sobota an appropriate visit by Mayor Delgrosso to Murska Sobota in the near future so he can be installed as an honorary citizen of Slovenia and could fulfill the requisites of Mayor of Bethlehem.

Police Officers - Salary Increase

Dean Bruch, 732 Hawthorne Road, asked why Police Officers were given a 4% salary increase, expressed the opinion it is not fitting with present economics, and questioned whether they were paid too low a salary previously.

Dennis Reichard, Business Administrator, explained that the salary increase is the result of contract negotiations and collective bargaining. Mr. Reichard advised that the City of Bethlehem Police salaries were ranked eighth or ninth of the police forces in the Lehigh Valley. Mr. Reichard, advising that Police and Firefighters can go to arbitration for their contracts, pointed out that arbitrators have awarded raises of more than 4% and up to 5%. Mr. Reichard stressed that arbitrators have also awarded lifetime medical benefits upon retirement which could be problematic. Mr. Reichard noted that, given the cost of arbitration and the amount of awards, the City Administration felt that a 4% salary increase was in line. Mr. Reichard noted that pay increases for non-manufacturing jobs are averaging about 4% while manufacturing jobs are averaging about 2.9%. Mr. Reichard, denoting that his explanation provides an overview of a much more detailed issue, highlighted the fact that negotiations have taken place over the past 14-15 months. Mr. Reichard further informed Mr. Bruch that the contract covers a four year period and the City did obtain concessions regarding medical and other matters.

Mr. Bruch wondered what would happen if the City could not pay the salary amounts. Mr. Reichard commented that the City should be able to pay based on the numbers it has derived.

Insurance Coverage

Mr. Bruch, referring to a reported lawsuit, asked whether the City now has better insurance coverage. Mr. Reichard, informing Mr. Bruch that the City has much better coverage, pointed out that it would never be covered for the amount of award reported in the newspaper.

Real Estate Taxes

Chuck Nyul, 1966 Pinehurst Road, remarked that, when taxes are increased, an example of how the increase would affect a homeowner is given as opposed to how much more a business would pay. Mr. Nyul expressed that, while the tax base from homeowners is a constant, businesses come and go. Mr. Nyul thought that the City should impose a moratorium for the next six months so that no developments could be built except for small businesses. Then, Mr. Nyul thought the City should review every property and determine how many homes could be built on properties and how much could be realized in tax revenues. Mr. Nyul suggested that the proposed Lowe's store could be located at the site of the former Bob Young Trucking on Schoenersville Road. Mr. Nyul said he would like the City to give consideration to more individual homes as its tax base. Mr. Nyul commented the key is the fact that "we move constantly with cars".

Sale of City Water

Mr. Nyul recalled that years ago he addressed Council about Coca Cola company obtaining water from the City's reservoirs and selling it. Mr. Nyul advised he obtained information from the Internet that from 5,000 to 10,000 million gallons of water are sold annually in Pennsylvania. Mr. Nyul felt that the City, since it has excess water capacity, should go into the water business in view of the companies that bottle water and obtain revenues from the sales.

President Gregory, noting that he recently paid $1 for a bottle of water at a movie theater, acknowledged that the City could probably make money under Mr. Nyul's suggestion. However, President Gregory advised he does not know that the City would have sufficient revenue to go into such a business.

Club Avenue - Repaving

Mr. Nyul recounted former Mayor Cunningham had mentioned that, after the senior citizen apartments on Club Avenue were built, Club Avenue would be repaved.

Michael Alkhal, Director of Public Works, advising that repaving Club Avenue has been under consideration for the last two years, informed Mr. Nyul that it is on the City's paving program for this year. However, Mr. Alkhal affirmed that Club Avenue is located half in the City of Bethlehem and half in the City of Allentown. Mr. Alkhal stated that written communication was forwarded to the City of Allentown asking for its financial participation.

President Gregory inquired what would happen in the event that Allentown does not provide a financial commitment. Mr. Alkhal, indicating that a commitment will be received from Allentown at some point, advised that steps are being taken to gain Allentown's commitment this year. Mr. Alkhal added that Allentown would reimburse the City for the portion of the roadway that is in Allentown.

Snow Removal

Mr. Nyul thanked the City for the great job that was done for the recent snow removal.

Taxes - Small Business

Dave Sanders, owner and operator of Lump's Deli, addressed comments made about small businesses not paying as much in real estate taxes. Mr. Sanders advised that today at Broad and Main Streets he saw notices on three houses that were up for sheriff's sale meaning that the owners have not paid their real estate taxes in at least two years. Highlighting the fact that he has been in business for 15 years, Mr. Sanders stated he owns three properties in Bethlehem and would rather pay property than business taxes. Mr. Sanders asserted that small businesses in Bethlehem pay taxes. Mr. Sanders, while commenting that a lot more houses are not needed, said what is needed is a lot more businesses that pay taxes promptly and courteously.

14. ADJOURNMENT
The meeting was adjourned at 8:16 p.m.
ATTEST:

City Clerk