Council Minutes
May 21, 2003 Meeting Minutes
BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, May 21, 2003 – 7:30 PM – Town Hall
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
President Gregory called the meeting to order. Mrs. Belinski
offered the invocation which was followed by the pledge to
the flag. Present were Ismael Arcelay, Jean Belinski, John
B. Callahan, Robert J. Donchez, J. Michael Schweder, Magdalena
F. Szabo, and James S. Gregory, 7.
4. APPROVAL OF MINUTES
President Gregory stated that the minutes of May 6, 2003
will be listed on the June 3, 2003 Agenda for approval.
5. COURTESY OF THE FLOOR (for public comment on ordinances
and resolutions to be voted on by Council this evening)
Creating New Zoning District – RM Residential Overlay
Zone; and Zoning Map Amendments – Easton Road and Cherry
Lane – HI to RM Residential District Overlay and CG
General Commercial District
Lou Pektor, of Ashley Development Corporation, reviewed
the company and some of its current projects, including the
former Union Station Plaza on Second Street, and previous
projects, including Main Street Commons and the former Woolworth
building on Main Street. Mr. Pektor affirmed that he is at
the meeting this evening to address his proposal to rezone
property bordered by I-78, Cherry Lane, and Easton Road from
HI Heavy Industrial to RM Residential District Overlay. Mr.
Pektor, affirming it is planned to build 198 apartment units
on the property, explained the goal was to find a use for
the Cherry Lane piece that would transition from the I-78
highway to the north and between the residential neighborhoods
that borders to the south and to the east comprised of some
multi-family and some single family. It was decided that,
because of the highway, it would be best to consider an apartment
complex type use. Market assessments indicated that a superior
product needed to be created to overcome some of the hurdles
of the site that has a favorable geographic location. It was
concluded that a design firm had to be hired that had a lot
more insight to generation of such a product than his company
so that the product would not be a normal, cookie cutter,
institutional type product that typically looks like some
of the present apartment complexes throughout the Lehigh Valley.
The firm chosen, nationally renown for such projects, was
Looney Ricks Kiss (LRK) based in Memphis, Tennessee and with
offices in Princeton, New Jersey, with which Ashley Development
Corporation is working to come up with a design that mimics
a main street type of revival style. The design also creates
a lot of open space within the project area in addition to
interaction with the surrounding community.
Jim Constantine, principal and director of planning for
LRK, noted it is an architecture and planning firm with approximately
130 employees in five offices. A lot of the firm's work is
in the realm of redeveloping brownfields and infill sites.
The company completed a brownfields project in Pittsburgh,
Pennsylvania that reclaimed an old slag heap and turned it
into a new neighborhood reflective of some of that city's
older neighborhoods that appeared in a national publication.
Focusing on the site in question, Mr. Constantine explained
it was recognized that the property is situated at the edge
of established neighborhoods located within three municipal
jurisdictions. Affirming there are existing mature trees along
Cherry Lane and Easton Road, Mr. Constantine advised the plans
are to keep as many of those trees as possible. Mr. Constantine,
highlighting the fact that the property is currently zoned
HI Heavy Industrial, pointed out that zoning would permit
uses that might more logically occur at a highway off ramp
that would be much less compatible with the existing residential
neighborhoods. Turning to the streetscape, Mr. Constantine
informed the assembly that much attention was given to devising
a series of buildings along with open spaces that would appear
as small parks. A pattern of buildings and yards is proposed
along the edges of the site to replicate those neighborhood
area features. Mr. Constantine, confirming that the firm specializes
in utilizing traditional neighborhood design, part of which
includes architectural variety and a mix of different building
types, noted that the apartment complex design features would
not be repeated over and over again as with the usual apartment
complex facades. Instead, there would be a series of different
building types incorporated into a village streetscape with
different materials, colors, architectural styles, and different
exterior and interior configurations. Mr. Constantine communicated
that, although the various aspects he noted are more challenging
in terms of design and more costly to construct, the project
reflects care for the character of the development and of
zoning. He added there is an element of some mixed use amenities
on the site, some of which it is hoped will provide for special
convenience and lifestyle, that will encourage residents to
use their cars less and at lower speeds. Mr. Constantine invited
neighbors of the development to walk through it. Turning to
pictures of three locations on the site, Mr. Constantine pointed
to the mature trees on Cherry Lane that the developer will
try to keep in the design. Mr. Constantine highlighted the
fact that, under the current HI Heavy Industrial zoning of
the site near the I-78 off-ramp, such uses as trucking depots
and warehousing would be allowed that are not compatible with
the neighborhood. Mr. Constantine showed a picture of one
of the company's similar developments in Carmel, Indiana,
and noted some of the amenities would include a pool area
and perhaps some convenience commercial intended to make living
on the site a different lifestyle alternative to living in
an apartment complex. Mr. Constantine further noted that parking
lots and areas would be shielded from view and many times
would be behind buildings equivalent to an alley type pattern.
Mr. Constantine, pointing to other pictures, advised they
are illustrations from similar type communities that the firm
has designed, built, and that have won awards and have been
successfully received.
Patrick Herrity, 732 Hawthorne Road, asked whether there
will be a sidewalk around the perimeter of the property.
Mr. Pektor replied yes.
Ms. Szabo queried how the noise from Interstate Route 78
will be addressed.
Mr. Pektor, advising that noise studies have been done,
explained that designs have been done relative to the height
of the berm and highway. The buildings closer to Cherry Lane
will have two and a half stories maximum height so there will
be a buffering effect from the buildings from the north to
the south. The proposed development is designed to overcome
the effect of noise.
President Gregory inquired about the project cost, and monthly
rental rates.
Mr. Pektor responded that from a cost to build standpoint
the amount is a little over $20 million, and rental rates
are estimated to start at about $1,000 a month for about 1,000
to 1,100 square feet. Focusing on two nearby apartment complexes,
Mr. Pektor advised that of a 191 unit complex, 95 are occupied
by one person, and there are only 42 children living in the
complex. Mr. Pektor, adding that the average income of renters
in the complex built by J. B. Reilly is about $80,000, noted
a lot of renters will be people coming in from I-78.
Mrs. Belinski recalled that Martin Ward and Joan Madzarac,
residents on Easton Road near the proposed project in question,
appeared at the Public Hearing on May 6, 2003 and expressed
serious concerns about water run-off and traffic issues. Mrs.
Belinski read some of the comments made by Mr. Ward and Ms.
Madzarac about those issues at the Public Hearing. Mrs. Belinski
asked what are the plans to alleviate the citizens' concerns.
Mr. Pektor advised that a wetlands study was done and there
are no wetlands on the property. There is a drainage swale
going through south to north, and a culvert underneath I-78
that takes care of the water flow underneath I-78 and takes
it to the north side of I-78. Mr. Pektor, informing Mrs. Belinski
that the land use plan will address these issues, said it
is the intention to have underground detention under the parking
areas so there will not be surface detention on the site.
Mr. Pektor, affirming that a traffic study is required, highlighted
the fact that hours have been spent with PennDot officials.
Mrs. Belinski wondered whether Mr. Pektor could send a letter
to both Mr. Ward and Ms. Madzarac explaining the underground
drainage plans to alleviate their concerns.
Mr. Pektor confirmed that the plans will be reviewed by
various authorities, including the DEP, and indicated he would
address the citizens' concerns.
Martin Ward, 2076 Easton Road, expressed he is thankful that
much thought was given to the project. Mr. Ward, reiterating
that prior to purchasing his property before I-78 was built
he did speak with the chief engineer for that section of the
highway, noted that he kept some of the drawings, and distributed
them to the Members of Council. Mr. Ward, referring to 15
A that is the property in question, stated his reasoning for
talking to PennDot officials was his concern that the property
would be developed. Referring to the drawing, Mr. Ward said
between the yellow highlight and edge of Easton Road was Bethlehem
Steel Corporation property at the time I-78 was built. Mr.
Ward remarked that varies a great deal from the drawings that
have been seen so far. On the next page, Mr. Ward noted there
is a more detailed drawing. Pointing to the yellow spot on
that page, Mr. Ward said there is about a four acre piece
of land that juts out from the section of the development.
Mr. Ward continued on to note it says "area acquired
for occasional flood easement". Mr. Ward, communicating
that his question to the PennDot official was what exactly
does that mean, advised that PennDot bought it because if
they ever needed to access the property for flood easement
they had to acquire that land. Turning to the first page,
Mr. Ward stated that he looked into the setback requirements.
Mr. Ward continued on to say from the property line indicated
in yellow "…is 100 feet away from that. And then
from State road if you have the setback plus the right of
way which is somewhere in the neighborhood of 50 to 100 feet…So,
if you take those two setbacks…there is…a very
narrow slice of land goes through there." Mr. Ward stated
he thinks that needs to be resolved. Mr. Ward advised in that
area of Hellertown into Bethlehem all the water that drains
from the mountain to the east must go through there. He added
there is a 66 inch pipe underneath and another pipe up a little
further. Highlighting the fact that site alone is twelve acres,
Mr. Ward said "one inch of rain on one acre is 40,000
gallons of water. You multiply that just for that site alone
is almost a half a million gallons of water." He further
said on the other side of I-78 there is a retention pond of
over ten acres with spillways to hold the water. Focusing
on the twelve acres adjacent to the proposed development and
the connecting land, Mr. Ward pointed out there are 26 single
family homes and a few twins and communicated he does not
know that is compatible with the proposed 198 units.
Jim Christman, of Lehigh Engineering, expressing his appreciation
for Mr. Ward's comments about the stormwater, stated the company
is aware of the current water that flows into the property.
Mr. Christman, affirming there was an occasional flow easement
during construction of I-78, notified the assembly that easement
was since turned back to Bethlehem Steel Corporation and is
no longer there. Mr. Christman explained that the water flows
into the existing drainage channel along the bottom of the
embankment at the ramp and out to the 56 inch pipe to which
Mr. Ward referred. Mr. Christman, confirming that the stormwater
coming in will be handled into underground detention basins,
noted that stormwater will not be increasing.
Kevin Hill, 1674 Easton Road, Hellertown, questioned whether
the water that would be stored in underground basins will
be the water coming through the pipe or just the water on
the property.
Mr. Christman replied that the additional amount of water
created from parking lots and buildings would be detained.
Mr. Christman explained that the water currently flowing through
and going down through the property and flowing out to the
56 inch pipe will continue to flow at the same rate into the
pipe.
Deborah Ross, Director of Community Development for Lower
Saucon Township, confirmed that a meeting was held with representatives
of Ashley Development and she has talked to some of the Township
residents who live in the area. While advising that no position
is being taken on the application at this time, Ms. Ross stated
she has spoken with the Township Engineer and there are three
issues about which the Township would like to be informed.
Ms. Ross, noting the first issue is traffic, said if the applicant
is meeting with PennDot the Township would like to be part
of that. Turning to the second issue concerning drainage,
Ms. Ross pointed out that the Township has the upstream watershed
properties and would like to maintain its drainage rights
through the property. Ms. Ross stated it is a question as
to how the upstream runoff will be flowing through the property
and the Township would not want to have any adverse impact
as a result. Focusing on the third issue, Ms. Ross explained
that the Township is always looking for the ability for certain
utility access, specifically sanitary sewer. Accordingly,
when the applicant gets to that point of the land development
process, Ms. Ross said the Township would be interested to
see how sanitary sewer will be brought to the property, and
if at some time the Township would be able to have access
through easement rights to be extended to Easton Road.
President Gregory suggested to Ms. Ross that further meetings
be scheduled regarding the issues.
Joris Rosse, 1966 Creek Road, inquired whether the RM Residential
Overlay plan relates to the Creek Road plan.
President Gregory responded no.
6. OLD BUSINESS
None.
7. COMMUNICATIONS
A. Assistant City Solicitor – Records Destruction –
Police Department
The Clerk read a memorandum dated April 25, 2003 from William
Alexander Karras, Assistant City Solicitor, to which was attached
a proposed resolution for Council’s consideration under
the previously adopted Municipal Records Retention Act that
contains a schedule for the destruction of records. The Department
of Police requested to destroy the records listed on the attached
exhibit. The Law Bureau reviewed the Act and the records fall
within categories where destruction is permitted. It was requested
that Council pass the resolution so that the records can be
destroyed.
President Gregory stated that authorizing Resolution 11
A is listed on the Agenda.
B. Police Department – Advanced Police Executive Development
Course
The Clerk read a memorandum dated May 6, 2003 from Gregory
Solderitch, Captain, Community Services, Police Department,
requesting consideration of a resolution required for the
application process for the Police Department to host an Advanced
Police Executive Development Course from November 3 to November
14, 2003. The Municipal Police Officers Education and Training
Commission is conducting the training at the Bethlehem Police
Department.
President Gregory stated that authorizing Resolution 11
C is listed on the Agenda.
C. City Solicitor – Use Permit Agreement for Public
Property – Bethlehem Christian Training Center –
Honor Our Heroes Service
The Clerk read a memorandum dated May 15, 2003 from Joseph
F. Leeson, Jr., City Solicitor, to which was attached a proposed
Use Permit Agreement for Public Property between the Bethlehem
Christian Training Center and the City of Bethlehem for use
of the City Center Plaza on May 25, 2003 for the Honor Our
Heroes Service.
President Gregory stated that authorizing Resolution 11
D is listed on the Agenda.
D. City Solicitor – Use Permit Agreement for Public
Property – Visual Impairment and Blindness Services
of Northampton County, Inc.
The Clerk read a memorandum dated May 15, 2003 from Joseph
F. Leeson, Jr., City Solicitor, to which was attached a proposed
Use Permit Agreement for Public Property between the Visual
Impairment and Blindness Services of Northampton County, Inc.
and the City of Bethlehem for use of the Memorial Pool Building
from September 24, 2003 to October 19, 2003 for the 2003 Fabric
Sale.
President Gregory stated that the appropriate Resolution
will be listed on the June 3, 2003 Agenda.
8 . REPORTS
A. President of Council
None.
B. Mayor
Mayor Delgrosso congratulated Mr. Callahan, Mr. Donchez,
Ms. Szabo, and Mr. Mowrer on their Primary Election victories.
1. Administrative Order – Peter Stolvoort – Fine
Arts Commission
Mayor James Delgrosso appointed Peter Stolvoort to the Fine
Arts Commission, effective until April 2005. Mr. Donchez and
Mr. Schweder sponsored Resolution 14,069 to confirm the appointment.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
Resolution passed.
C. Finance Committee
Mr. Callahan, Chairman of the Finance Committee, presented
an oral report of the Committee’s meeting held prior
to the City Council Meeting this evening on the following
subjects: Transfer of Funds – Police Department –
Typewriter; Utilization of Savings – Water Capital Budget
– Lockers; Amending Sewer Capital Budget – Repairs
to North Secondary Digester; Transfer of Funds – Water
Fund – Professional Services – Penn Forest Intake
Building; Transfer of Funds – Public Works Department
– Overtime; Amending Liquid Fuels Fund Budget –
Liquid Fuels Allocation; Transfer of Funds – Streets
Bureau – Printer; Transfer of Funds – Non-Utility
Capital Budget – Street Overlays; Transfer of Funds
– Community Development Block Grant Budget – East
Fifth Street Phase III – Curbs and Sidewalks; Transfer
of Funds – Community Development Block Grant Budget
– Street Landscaping; Transfer of Funds – Community
Development Department – Temporary Help; Amending General
Fund Budget – South Bethlehem Historic Conservation
District – Design Guidelines; Transfer of Funds - Non-Utility
Capital Budget – Monocacy Creek/Johnston Park Walls;
Transfer of Funds – Non-Utility Capital Budget - Ambulance
Purchase; and Transfer of Funds – City Council –
Advertising and Printing Account.
9. ORDINANCES FOR FINAL PASSAGE
A. Bill No. 17 – 2003 – Amending Article 1301
– Titles, Purpose, and Interpretation
Tabling Bill No. 17 – 2003
President Gregory stated that, as a result of several minor
wording changes that are being advertised, he would accept
a motion to table Bill No. 17 - 2003.
Mr. Schweder and Mr. Callahan moved to table Bill No. 17
– 2003. Voting AYE on the motion: Mr. Arcelay, Mrs.
Belinski, Mr. Callahan, Mr. Donchez, Mr. Schweder, Ms. Szabo,
and Mr. Gregory, 7. The motion passed
B. Bill No. 18 – 2003 – Amending Article 1316
– LI Light Industrial District
The Clerk read Bill No. 18 – 2003, Amending Article
1316 – LI Light Industrial District, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill
No. 18 – 2003, hereafter to be known as Ordinance 4190,
was declared adopted.
C. Bill No. 19 – 2003 – Amending Article 1317A
– IR Industrial Redevelopment District
The Clerk read Bill No. 19 – 2003, Amending Article
1317A – IR Industrial Redevelopment District, on Final
Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill
No. 19 – 2003, hereafter to be known as Ordinance 4191,
was declared adopted.
D. Bill No. 20 – 2003 – Amending Article 1320
– Signs
The Clerk read Bill No. 20 – 2003, Amending Article
1320 – Signs, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill
No. 20 – 2003, hereafter to be known as Ordinance 4192,
was declared adopted.
E. Bill No. 21 – 2003 – Amending Article 1326
– Amendments
The Clerk read Bill No. 21 – 2003, Amending Article
1326 – Amendments, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill
No. 21 – 2003, hereafter to be known as Ordinance 4193,
was declared adopted.
10. NEW ORDINANCES
A. Bill No. 22 – 2003 – Zoning Ordinance Text
Amendment – Adding Section 1308.07 – R-M Residential
Overlay Zone
The Clerk read Bill No. 22 – 2003, sponsored by Mr.
Callahan and Mr. Schweder, and titled:
AN ORDINANCE AMENDING ARTICLE 1308
OF THE ZONING ORDINANCE OF THE CITY OF
BETHLEHEM, PENNSYLVANIA, AS AMENDED,
ENTITLED R-M RESIDENTIAL DISTRICT.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill
No. 22 – 2003 was declared passed on First Reading.
B. Bill No. 23 – 2003 – Amending Liquid Fuels
Fund Budget – Liquid Fuels Allocation
The Clerk read Bill No. 23 – 2003, sponsored by Mr.
Donchez and Mrs. Belinski, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE LIQUID FUELS FUND BUDGET FOR 2003.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill
No. 23 – 2003 was declared passed on First Reading.
C. Bill No. 24 – 2003 – Amending General Fund
Budget – South Bethlehem Historic Conservation District
– Design Guidelines
The Clerk read Bill No. 24 – 2003, sponsored by Mr.
Donchez and Ms. Szabo, 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: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill
No. 24 – 2003 was declared passed on First Reading.
D. Bill No. 25 – 2003 – Amending Sewer Capital
Budget – Repairs to North Secondary Digester
The Clerk read Bill No. 25 – 2003, sponsored by Mrs.
Belinski and Ms. Szabo, 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: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill
No. 25 – 2003 was declared passed on First Reading.
11. RESOLUTIONS
A. Authorizing Disposition of Records – Police Department
Mr. Schweder and Mr. Donchez sponsored Resolution 14,070
which authorized the disposition of records of the Police
Department, listed in Exhibit A, in accordance with the schedules
and procedures for disposition of records set forth in the
Municipal Records Manual, in accordance with State Act 428,
and Resolution 13,076.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
Resolution passed.
B. Approving Intermunicipal Transfer of Retail Liquor License
– 40 West Broad Street
Mr. Schweder and Mr. Donchez sponsored Resolution 14,071
which approved the application for the transfer of a Restaurant
License from Edgemont Park Tavern, 4324 West Mountain View
Drive, Walnutport, Pennsylvania to 40 West, Inc., 40 West
Broad Street, Bethlehem.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
Resolution passed.
C. Obtaining Reimbursement – Advanced Police Executive
Development Course
Mr. Arcelay and Mrs. Belinski sponsored Resolution 14,072
which authorized obtaining reimbursement of monies for expenses
incurred in connection with the Police Department hosting
the Advanced Police Executive Development Course from November
3 to November 14, 2003 to be conducted by the Municipal Police
Officers and Education and Training Commission at the Bethlehem
Police Department, pursuant to the training provisions of
the Municipal Police Officers’ Education and Training
Act, and agreeing that while receiving any funds from the
Commonwealth of Pennsylvania pursuant to said Act, the City
of Bethlehem shall adhere to the rules, regulations and training
standards established by the Municipal Police Officers’
Education and Training Commission.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
Resolution passed.
D. Authorizing Execution of Use Permit Agreement –
Bethlehem Christian Training Center – Honor Our Heroes
Service
Mr. Schweder and Mr. Donchez sponsored Resolution 14,073
which authorized the execution of a Use Permit Agreement for
Public Property between the City of Bethlehem and Bethlehem
Christian Training Center for use of the City Center Plaza
on May 25, 2003 for the Honor Our Heroes Services, according
to the terms and conditions of the Agreement.
Ms. Szabo queried whether the plan is cleared of the regulations
about State and religion.
Joseph Leeson Jr., City Solicitor, replying yes, advised
it appears the event has a general civic nature. Although
there may be a prayer element, it is something that occurs
in other activities as well. Attorney Leeson confirmed he
does not feel this particular use would in any way be violative
of the separation of church and state concept.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
Resolution passed.
E. Transfer of Funds – Police Department – Typewriter
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,074
which transferred $575 in the General Fund Budget from the
Police Department – Other Expenses Account to the Police
Department – Equipment Account for the purchase of a
replacement typewriter.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
Resolution passed.
F. Utilization of Savings – Water Capital Budget –
Lockers
Mr. Arcelay and Mrs. Belinski sponsored Resolution 14,075
to utilize savings of $295 in the Water Capital Budget from
the Equipment – Technical Support Account for the purchase
of employee lockers.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
Resolution passed.
G. Transfer of Funds – Water Fund – Professional
Services – Penn Forest Intake Building
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,076
which transferred $20,000 in the Water Fund Budget from the
Water General Expenses – Unforeseen Contingency Account
to the Water General Expenses – Professional Services
Account to pay for engineering services related to repair
of the slope at the Penn Forest Intake Building.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
Resolution passed.
H. Transfer of Funds – Public Works Department –
Overtime
Mr. Donchez and Mrs. Belinski sponsored Resolution 14,077
which transferred $210 in the General Fund Budget from the
Public Works Department – Office Supplies Account to
the Public Works Department – Overtime Account to cover
overtime cost for operation of the control center during the
2003 President’s Day snow storm.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
Resolution passed.
I. Transfer of Funds – Streets Bureau – Printer
Mr. Donchez and Mrs. Belinski sponsored Resolution 14,078
which transferred $220 in the Streets Bureau – Department
Contracts Account to the Streets Bureau – Equipment
Account for the purchase of a replacement printer.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
Resolution passed.
J. Transfer of Funds – Non-Utility Capital Budget –
Street Overlays
Mr. Donchez and Ms. Szabo sponsored Resolution 14,079 which
transferred $83,000 in the Non-Utility Capital Budget from
the Third Avenue Reconstruction Account to the Street Overlays
Account to provide additional funding in the account.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
Resolution passed.
K. Transfer of Funds – Community Development Department
– Temporary Help
Mr. Donchez and Ms. Szabo sponsored Resolution 14,080 which
transferred $2,000 in the General Fund Budget from the Health
Bureau – Salaries Account to the Community Development
Department – Administration – Temporary Help Account
for conversion of Housing Inspection files.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
Resolution passed.
L. Transfer of Funds – Non-Utility Capital Budget –
Monocacy Creek/Johnston Park Walls
After Resolution 11 L was considered, Mr. Reichard advised
that a correction was necessary to reflect the intended transfer
within the Non-Utility Capital Budget instead of the General
Fund Budget.
Mr. Donchez and Mr. Callahan moved that the correction be
made.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
motion passed.
Mr. Donchez and Ms. Szabo sponsored Resolution 14,081 which
transferred $125,000 in the Non-Utility Capital Budget from
the Other Account to the Federal and State Grants Account
to accurately reflect receipt of the Keystone Recreation,
Park and Conservation Fund Grant for restoration of Monocacy
Creek/Johnston Park Walls.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
Resolution passed.
M. Transfer of Funds – Non-Utility Capital Budget –
Ambulance Purchase
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,082
which transferred $100,000 in the Non-Utility Capital Budget
from the West Second Street Extension Account to the Ambulance
Account to allow the City to purchase two new ambulances instead
of the one originally budgeted.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
Resolution passed.
N. Transfer of Funds – City Council – Advertising
and Printing Account
Mr. Donchez and Ms. Szabo sponsored Resolution 14,083 which
transferred $3,000 in the General Fund Budget from the City
Council – Professional Services Account to the City
Council – Advertising and Printing Account to provide
funding towards current and future legal advertising/printing
costs.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The
Resolution passed.
12. NEW BUSINESS
UGI Installations - East Fourth Street
Ms. Szabo advised she was informed by a letter from UGI
that new meters and a pipeline would be installed on East
Fourth Street. Ms. Szabo, noting that the work is currently
being done in the 1200 and 1300 blocks of East Fourth Street,
remarked that the installations are "ugly". Ms.
Szabo explained that outside of the houses are pipes and related
pieces approximately two feet high. Ms. Szabo confirmed that
she has spoken to several people about the matter but no one
seems to be taking it seriously and responding to her concern.
Ms. Szabo affirmed that before the work started she spoke
with a UGI representative and asked if the installations would
look like the City's water meter installations, and she was
told yes, she would not be disappointed, and the installation
would not be large. Highlighting the fact that her house is
up against the street, Ms. Szabo questioned where UGI would
place their new installation. She noted if it is placed on
the street it could be subject to vandalism. Ms. Szabo further
expressed that the appearance of the installation could serve
to depreciate people's properties. Stressing that the image
of South Bethlehem is trying to be improved, Ms. Szabo asserted
that the installations are disturbing.
Michael Alkhal, Director of Public Works, while commenting
he is unsure from a regulation standpoint what the City can
do, stated he would be happy to discuss the matter with UGI
and determine whether something can be done about it.
Ms. Szabo advised that she contacted Mr. Alkhal two weeks
ago about the matter, and has also tried without success to
contact UGI by telephone.
Mr. Alkhal affirmed that he will go to the site tomorrow,
will assign staff to follow-up on the matter, and will contact
Ms. Szabo about the outcome.
Ms. Szabo asked if Mr. Alkhal will put a stop to what UGI
is doing.
Mr. Alkhal responded "if we can, yes".
Ms. Szabo queried whether UGI sent notice to the City that
UGI would be digging up the street and doing the work she
described.
Mr. Alkhal, confirming that permits must be taken out, informed
Ms. Szabo those do not describe the detail of how the installation
would look. Mr. Alkhal added the City is well aware that the
work is being done ahead of the reconstruction of Fourth Street
that will be undertaken by PennDot next year.
Ms. Szabo inquired whether UGI will be installing the equipment
throughout the City.
Mr. Alkhal noted that permits so far were taken out for
the work on Fourth Street but he would find out if the installations
are planned for the rest of the City.
Ms. Szabo encouraged the City to get involved in what the
installations look like. Ms. Szabo wondered whether there
are any ordinances that may address the matter. Ms. Szabo
recalled a past incident where an even bigger pipe and meter
were installed in the vicinity of Lynnfield.
Mayor Delgrosso, expressing that Ms. Szabo has raised a
very good point, agreed that the UGI's installations could
detract from the appearance of houses. Mayor Delgrosso noted
that, if possible, perhaps it could be requested that UGI
put the reader outside as was done for the City's water meter
installations with the meters located inside the house.
Ms. Szabo pointed out that, as she has said repeatedly,
it is not just her property that is of concern but rather
the fact that such installations would be made City-wide.
President Gregory, communicating that the area is a gateway
to the City, expressed the hope that the matter can be reviewed
seriously.
Mr. Alkhal, affirming that the issue will be followed up,
reiterated it is a matter that does not come under direct
City regulations or control.
President of Council - Rescinding Vote to Elect
Mr. Schweder advised he would like to move that the vote
by which this body elected James Gregory as President of City
Council be rescinded.
Mrs. Belinski seconded the motion.
Motion to Table - Fails
President Gregory moved to table the motion. President Gregory
explained his thought that the matter should be tabled and
discussed in a different forum.
Mr. Callahan seconded the motion to table.
Voting AYE: Mr. Callahan, and Mr. Gregory, 2. Voting NAY:
Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Schweder, Ms.
Szabo, 5. The motion to table failed.
Mr. Schweder explained the decision that led him to make
the motion tonight was not an easy or pleasant one. Recounting
that the current President of Council had the support unanimously
of the Council who elected him in January 2002, Mr. Schweder
thought it had become evident from discussions of Members
of Council over the last several months that the tenor and
the tone of Council Meetings and hearings in this chamber
have reached a low that has not been seen in the City before.
Mr. Schweder, noting there have been comments from citizens
who have attended City Council Meetings over a long period
about what has occurred and lack of respect, stated it reaches
the point of being unacceptable to him. Regrettably, Mr. Schweder
communicated he reached the point over the last several days
that he felt it was incumbent on Council to do this. Mr. Schweder
commented he made a conscious decision to not do so prior
to the election because he did not think anything that went
on through the campaign was germane to the matter. Mr. Schweder
said he finds no fault or has reached no conclusions on the
behavior as candidates of anyone who ran for either Mayor
or Council. Mr. Schweder expressed what it strictly comes
down to is what has gone on in this Chamber. Mr. Schweder
continued on to say, at the very least, for someone who is
the head of a legislative body the first and foremost responsibility
they have is impartiality in presiding over proceedings. Sadly,
Mr. Schweder, commented, that has not taken place over the
last several months. Through this period, Mr. Schweder observed
what has been seen is a deterioration of that responsibility.
Adding that he could go on with a list of issues, Mr. Schweder
thought it was evident to most who are sitting at the meeting
tonight that what needs to be done is restore the tenor and
handling of public hearings and Council Meetings to what has
been exhibited by Council Presidents going back over the last
60 or 70 years. Mr. Schweder stated, therefore, he found it
necessary, if not regrettable in that sense, to take this,
which is perhaps an unprecedented, motion.
President Gregory, expressing his personal opinion of Mr.
Schweder's comments, recounted that, as Mr. Callahan stated
at a previous meeting, City Council decided to appoint Mr.
Delgrosso as interim Mayor. President Gregory, asserting that
Mr. Schweder insisted on making Mr. Delgrosso the Mayor, remarked
and now Mr. Schweder wants to remove President Gregory. While
expressing he would be very disappointed, President Gregory
acknowledged that certainly City Council has that right. However,
President Gregory stated whether he sits at the President's
seat or another Council seat he certainly will still be here.
Saying, hopefully, Council will not follow what he characterized
as a "vindictive mood", President Gregory commented
if Council decides to do so, then so be it. President Gregory
commented that he would ask Council to totally reject the
motion.
Mr. Callahan, stating he would not support the motion this
evening, said it would be his hope with the conclusion of
the election yesterday that all could return to normalcy in
the City and to get on with the issues that are important
to the citizens of Bethlehem such as jobs, economic development,
and delivery of City services. Mr. Callahan thought this kind
of action only serves to perpetuate the tension and period
of uncivil discourse that he was hoping could be put behind.
Mr. Callahan expressed the hope that the Members of Council
and the City could move forward over the next eight months.
Observing there have been public disputes, Mr. Callahan restated
his hope that everyone can let the past be the past and try
to move forward for the good of the City. While expressing
his agreement with Mr. Schweder that the tone and tenor of
Council Meetings has deteriorated over the last three and
four months, Mr. Callahan communicated he did not know that
all of the blame can be laid entirely at the feet of Mr. Gregory
because he thought part of it had to do with the tensions
involved in the campaign and election that came to a conclusion
yesterday. Mr. Callahan reiterated his hope that everyone
can move forward as a City, a Council, and a government for
the good of the citizens. Mr. Callahan said he would not support
the motion this evening.
Mr. Arcelay said, as the newest Member of Council, he realized
he would have to learn a lot, and stated he has learned a
lot. Mr. Arcelay continued on to say one of the first and
foremost things he realized was that the people who come to
the podium deserve the utmost respect. Mr. Arcelay commented
he has witnessed, unfortunately, outbursts and unfortunate
treatment of people who have come to the podium. Mr. Arcelay
did not think that citizens should in any way be intimidated
by Council's reactions. Mr. Arcelay felt that Council has
a duty to accept criticism from the floor.
President Gregory stressed that tonight was a very well
run meeting. Communicating that, as Mr. Callahan said, there
were many tensions during the campaign, President Gregory
said the whole thing started once this Council decided to
make Mr. Delgrosso interim Mayor. President Gregory commented
it seems that everything is toned down tonight, and it looks
like it would continue to be toned down. However, President
Gregory stated he warned Council, and adding he was hoping
the matter would be tabled, that he will still be on Council.
President Gregory continued on to say so if Council thinks
that moving him into another seat will make a difference he
thinks "that would be the absolute worst mistake this
Council could make". President Gregory, expressing his
disappointment with Mr. Arcelay's comments, remarked that
Mr. Schweder was chastised by Ms. Pongracz at a past meeting.
President Gregory said "we can start on a good note,
or we can finish it on a bad note. It's…Council's choice."
Mrs. Belinski, stating that President Gregory's remarks
to Mr. Schweder were uncalled for, advised it was not orchestrated
for Mr. Delgrosso to be voted by this Council as interim Mayor.
Mrs. Belinski recounted that she remembers telling President
Gregory when he asked there was no question in her mind, and
there is no one else but Mr. Delgrosso who is as well-qualified
with his experience, all his years in office, and her knowledge
of him also through close association on the Finance Committee.
Mrs. Belinski noted she has had many comments from people
telling her what is the matter with Council that a President
is allowed to act in that manner.
Kathy Ward, 2076 Easton Road, Lower Saucon Township, expressed
that she was too humiliated and did not have enough guts to
come to the podium and address City Council about the proposed
project across the street from her home. Ms. Ward remarked
that should not go on. Ms. Ward communicated she has a young
family that she cares about and cares about their safety,
and is concerned about the traffic in the neighborhood.
Mr. Donchez stated that he will support Mr. Schweder on
the motion. Mr. Donchez commented this does not have anything
to do with Mr. Delgrosso as interim Mayor, but it has everything
to do with what he believes as someone who has attended City
Council Meetings since he was in high school and with great
respect for the people who sat in these chairs before this
Council. Mr. Donchez continued on to say he believes many
of President Gregory's recent comments the last few months
have been unprofessional, insensitive, and have compromised
the integrity of City Council. Mr. Donchez, noting that what
people say in campaigns is different and people have the right
to say anything, stated what goes on in this hall, the hall
of the people, when Council has public hearings, people have
the right to speak and to criticize Council. Mr. Donchez denoted
that is why Members ran for this office and are elected officials.
Mr. Donchez recounted that, at the Public Hearing dealing
with the rezoning of the former Durkee's property, President
Gregory made comment after comment after people spoke at the
podium that in his opinion is not the function of a president
of an elected body. Mr. Donchez, recalling that President
Gregory asked two individual speakers a few meetings ago when
they made some comments to please sit down, expressed that
President Gregory's comments were inappropriate and people
have the right to speak and to ask questions. Communicating
that is what disturbs him, Mr. Donchez stressed he has tremendous
respect for this institution and for the people who have served
as President. Mr. Donchez, noting that he supported Mr. Gregory
as President a year and a half ago, advised but the last two
to three months he has been very disappointed with what has
happened in this hall. Mr. Donchez expressed the belief that
under the previous Presidents going back to when this form
of government started Council has had many tremendous leaders
who have sat in the President's chair and at this table. Mr.
Donchez, remarking this is not easy, and reiterating he has
tremendous respect for this institution, communicated that
he thinks Mr. Gregory has compromised in many ways the integrity
of this institution and of this body. Mr. Donchez pointed
out that when someone has the title of President that individual
speaks for the whole body of Council and the comments are
a reflection of the whole body. Mr. Donchez added that comments
of the leader and the President that reflect seven elected
officials is demeaning to Council. Restating this is not easy,
Mr. Donchez stated he believes that Mr. Gregory has compromised
the integrity of this institution and of this City Council.
President Gregory, expressing he is amazed by this, commented
that "we talk about dignity and compromising and I gave
you the opportunity to table this so we didn't have to go
through this tonight and you refused to table it. We could
have discussed this behind closed doors. You wanted to discuss
it open, and you're talking about dignity…".
Mr. Callahan, stating he would agree that some of Mr. Gregory's
comments have been uncalled for and insensitive, and he thinks
all are disappointed with what has occurred in this chamber
at City Council Meetings over the last four months, said Mr.
Gregory has contributed to that, without doubt. Mr. Callahan
continued on to say that, despite the behavior, he does not
think that President Gregory's behavior has risen to the level
in his mind that requires Mr. Gregory's removal as President.
Ms. Szabo said this is the hardest thing she has had to
talk about since she has been on Council. Ms. Szabo, denoting
that she and Mr. Gregory have known each other for many years
and have worked together, recalled there were times when she
and Mr. Gregory strongly wanted something and worked together
but failed, and sometimes won. However, Ms. Szabo stated she
cannot overlook what has been happening. Ms. Szabo, commenting
it was not Mr. Schweder who was pushing to get Mr. Delgrosso
named as interim Mayor, said that Mr. Gregory "jumped
the gun and went to the press and sa[id] it's definitely gonna
be Delgrosso…everybody on Council wants him." Ms.
Szabo communicated she has been concerned about the image
that Council "has put through with so many people saying
why are you allowing the meetings to go on like that. Why
are you allowing politics, campaign issues, to be talked about…".
Ms. Szabo said she feels that President Gregory should voluntarily
step down.
President Gregory stated "well, that's not going to
happen…As I said to Mr. Morganelli when this whole thing
began, and that's exactly when it began over the interim Mayor's
[matter], I said if you're going to do it, do it, you know
they did it, and where we're at…". Restating he
is not going to voluntarily step down, President Gregory reiterated
that he did offer Council the opportunity to table the matter
and it could have been discussed outside of this meeting,
but Council chose not to. President Gregory said if Council
is going to do it they are going to have to do it to his face.
President Gregory, focusing on the Public Hearing that was
the first meeting pertaining to the rezoning of the former
Durkee property, stated he was chastised by Bill White about
that. President Gregory continued on to recount that, at the
second meeting pertaining to the rezoning of the former Durkee
property, he had very little to say. At the third meeting,
President Gregory stated he let everybody have their say.
President Gregory, commenting he is "not sure where this
is all coming from", said "it would seem to me it's
somewhat orchestrated". President Gregory said "you
keep focusing on the interim Mayor issue. However, that's
not the issue at hand. The issue at hand is removing a Council
President, and you're certainly welcome to do so. But the
people in Bethlehem elected me a Councilman and, whether I'm
sitting in this seat or sitting in another seat, I will still
be here. But if you remove me from the Council Presidency
I probably won't be here in the greatest of moods. So, again,
it's your choice. I agree with Mr. Callahan…Council
can certainly do this. But as Mr. Callahan has said…we
are going to after the election get everything back to an
even keel, hopefully. However, if you do this, I'm just telling
you it’s not intimidation. It won't be back to an even
keel. I would prefer that this not be done so we can get through
the year without a problem, but you're certainly welcome to
do it. But, I'm certainly not going to volunteer to step down."
Mr. Callahan, while expressing it is unfortunate that "we
have to do this in this manner", commented he does not
know what discussions have taken place outside of this chamber.
Mr. Callahan stated, before the next step would be taken,
he would like to offer a possible suggestion in a public setting
although he would rather it be done differently, that if perhaps
President Gregory could show some level of regret perhaps
it would be enough for this Council to allow President Gregory
to remain as President. Mr. Callahan, saying he thinks this
is a rather unprecedented step and as much as he disagrees
with President Gregory's behavior, stated sometimes things
get lost in the moment and people get lost in the moment.
Mr. Callahan, communicating it was his hope that "we
could…let the past be past, and move on as a Council",
said "I don't think this kind of action does that. I
think it perpetuates problems."
President Gregory, turning again to the meeting on the rezoning
of the Durkee's property, said because of the fact that he
was in such disagreement with the No Mall people he was upset
about some of the things that were said. President Gregory
continued on to say he reacted as maybe he should not have
done at that meeting. As far as Mr. Spagnola's comments, President
Gregory said his response to that was just immediate because
of a situation that was very touchy to him. President Gregory
commented, other than that, since then and especially tonight,
"things have gone extremely well and they will go extremely
well if we continue along these lines. But again, it's Council's
choice."
Mr. Schweder commented he thinks tonight’s discussion
over the last ten minutes is an exhibit that makes Council's
case. Mr. Schweder said, with the statements that President
Gregory directed at Mr. Schweder in President Gregory's first
statement during this part of the discussion, "any other
presiding officer in any meeting would have gaveled you out
of order, and would have stricken those statements from the
record." Mr. Schweder communicated the fact of the matter
is "to say that things were going to get back on an even
keel now that election day is over misses the whole point.
The point is nothing should have ever gotten out of balance.
What I'm suggesting is that over a period of time what went
on in campaigns overflowed into what went on here. And, it
is the responsibility of the presiding officer to see that
that does not happen. So, to turn around and say that we went
through what most people in the City figure was a rather strange
campaign over the four months, and now we should turn around
and simply say okay that's over and done with and somehow
or another we'll go back. And, the damage that has been done
that Mr. Donchez talks about to us as a Council is not going
to be reversed simply because someone who, when election day
is over, determines that we go back to doing what we once
did. And, so the only way that we do begin to make amends
with that is what I think we are going to do this evening
which, in a sense, is regrettable that it's come to this,
but is a situation that we believe, and not speaking for my
colleagues again, what I believe that changes have to be made.
And, I have to say in all candor the discussion as you participated
in it over the last fifteen or twenty minutes certainly I
think makes the case for an affirmative vote, and that's voting
aye on the motion to rescind the vote."
President Gregory queried whether, according to what Mr.
Schweder just stated, President Gregory should have gaveled
Mr. Schweder at the last Council Meeting when he was chastising
Mr. Callahan after which Ms. Pongracz addressed City Council
regarding the matter.
Mr. Schweder responded "no you would not have, because
there was no personalization of anything that I said to Mr.
Callahan. And, the entire colloquy that I had with him related
to whether it was an Ordinance or a Resolution, and how we
proceeded. And that is one of the shortcomings that I just
mentioned a few minutes ago, is that it is the personal statement,
the personal attack, and personalizing things that no presiding
officer is ever permitted to allow happen in a legislative
body." Mr. Schweder continued on to state that "referring
to any of us by name is not even proper there when it is in
an accusatory way because it is supposed to be done in parliamentary
procedure by stating things within the third person."
President Gregory asserted that it was an attack on Mr.
Callahan, and it was obvious to the audience. President Gregory,
referring to Mr. Callahan's comments, said "this is unprecedented.
If Council wishes to do it, they can do it…, but I think
it would be a mistake, but you're certainly welcome to do
it."
Reiterating that Council is not being coerced by Mr. Schweder
or anybody else, nor has there been any secret backroom discussion,
Ms. Szabo highlighted the fact that the Sunshine Law does
not allow it. Ms. Szabo restated that Council was not coerced
and was not lobbied to make Mr. Delgrosso the interim Mayor.
Ms. Szabo stressed that the Members of Council should be given
credit for being able to think for themselves, and felt it
is an insult to the Members of Council to indicate that Council
is being pushed into these things by one person.
President Gregory restated that discussion of this matter
could have been outside these chambers, and discussed at another
time and in another way had Council tabled this matter tonight.
President Gregory remarked, however, that Council chose to
discuss it openly which, he said "is fine with me".
Voting AYE on the motion: Mr. Arcelay, Mrs. Belinski, Mr.
Donchez, Mr. Schweder, and Ms. Szabo, 5. Voting NAY: Mr. Callahan
and Mr. Gregory, 2. The motion passed.
In response to Mr. Gregory, Christopher Spadoni, City Council
Solicitor, commented he thinks it would be appropriate as
Mr. Gregory was removed as City Council President by vote
of Council that Attorney Spadoni proceed with the conclusion
of the Agenda for this evening.
New City Council President - Nominations
Mrs. Belinski said she would like to make a motion to nominate
J. Michael Schweder as the new Council President. Mrs. Belinski
stated that, at this time especially, she feels Mr. Schweder
has the necessary leadership qualities that he has certainly
exhibited tonight.
Mr. Donchez seconded the motion.
Mr. Gregory said that "for something that was not orchestrated
it certainly fell well into place…Mr. Gregory's removed,
Mr. Schweder is put in his place…All in one night, not
orchestrated, not discussed behind the scenes, just miraculously
occurred tonight…".
Mrs. Belinski responded "this is absolutely, completely
on my own initiative. I feel at this time Mr. Schweder is
the Council President we need to lead us. I did not discuss
this with anyone."
Mr. Schweder, raising a question of parliamentary inquiry,
asked whether under Council's rules he is permitted or required
to vote on the motion.
Attorney Spadoni expressed the belief, without the Resolution
in front of him, there is a rule of this Council that all
Members participate in the vote unless there is a clear conflict
of interest.
Voting AYE on the motion: Mr. Arcelay, Mrs. Belinski, Mr.
Callahan, Mr. Donchez, Mr. Schweder, Ms. Szabo, 6. Voting
NAY: Mr. Gregory, 1. The motion passed.
Attorney Spadoni stated he would turn the meeting over to
Mr. Schweder.
Mr. Schweder asked if Attorney Spadoni would still serve
as presiding officer for the remainder of this meeting.
Attorney Spadoni, noting he would accept that appointment,
said if there is a consensus of Council he would proceed.
Members of Council indicated their concurrence.
13. COURTESY OF THE FLOOR
Council Actions
Dean Bruch, 625 Hawthorne Road, said he "won't reprimand
or chastise any of you. You know how and what you did tonight,
and I think it is reprehensible. You can do what you wish
because you have the power, but I'm wondering how many of
you are going to turn Republican. You know what happened when
you elected this man…and I told Jim [Delgrosso] in the
beginning you shouldn't take it…this is trouble one
spot…".
UGI Gas Company - Leak Testing
Mr. Bruch remarked that City officials should have the PUC
investigate Hawthorne Road and Elmwood Park since it is being
used as an experimental ground to check for leaks by UGI,
the gas company. Mr. Bruch, noting that the road was just
done, advised that he has heard the noise related to the leak
checks about two or three times a month in front of his house.
Mr. Bruch expressed his fear that one day there may be an
explosion. Mr. Bruch, stressing he is putting the City on
notice, stated if someone does not do something about it he
will submit information to his lawyer.
Former Milham Car Lot - East Broad Street
Mr. Bruch stressed that the former Milham car lot on East
Broad Street is getting to be a used car junk yard. Mr. Bruch
advised that he asked people to look into the matter but no
one seems to care. Mr. Bruch informed the Members of a further
problem of a car with expired plates that has not been moved
in a year and a half at the Sure Fit lot. Mr. Bruch notified
the Members the response he received when he asked the lot
manager about the vehicle was “you really don’t
want to know anything about it.” Mr. Bruch urged that
the car should be removed.
East Broad Street Vicinity - Stop Signs
Mr. Bruch, focusing on a stop sign that fell down in the
vicinity of East Broad Street, said the Police Commissioner
knows about it, and wondered whether the Police Commissioner
could comment on it.
Francis Donchez, Police Commissioner, affirmed that the
Police Department does not repair or replace stop signs since
that is a function of the Public Works Department.
Mr. Bruch remarked that when motorists drive on Hawthorne
Road from Broad Street they are accustomed to traveling at
speeds of 35 to 40 mph, make the turn, and do not stop. Mr.
Bruch added there should be some control at Broad Street and
the YMCA. Mr. Bruch expressed the hope that the situation
will be addressed when lights are installed in the vicinity
of East Broad Street.
Work on City Streets by Utilities
Patrick Herrity, 732 Hawthorne Road, recalled that last
year the Administration created and City Council passed a
rather creative and forward thinking Ordinance to encourage
utilities to do work on streets before they are overlayed
by the City. Mr. Herrity, informing the assembly he is here
to say it is not working, suggested perhaps the fines should
be increased. Mr. Herrity advised that on Hawthorne Road and
Dellwood Avenue nineteen holes were dug in a newly overlayed
street.
Michael Alkhal, Director of Public Works, confirming that
the reason for the Ordinance is to encourage utilities to
do their work ahead of any work the City might be doing on
a street said, in addition, the City has taken steps to notify
all utilities of the City’s planned overlay program
for the next three to five years. Mr. Alkhal stated the City
has done everything it could to impress upon utilities to
do their work in advance of the City’s work to overlay
the streets, and affirmed there are penalties for not doing
so. Mr. Alkhal explained that, in the case of Hawthorne Road,
companies have their own constraints involved in work schedules
such as financial, or emergencies. Mr. Alkhal advised that
on Hawthorne Road the utility is using a new method of repairing
joints so they do not leak by which a hole is bored down to
the joint, it is repaired, the material is put back, and the
area is sealed. Although the method seems to work well, Mr.
Alkhal remarked nevertheless it is not desired. While noting
that perhaps further action by the City can be taken by increasing
fines, Mr. Alkhal pointed out that if the utility is replacing
lines worth hundreds of thousands of dollars sometimes the
City’s fines may not be a factor. Mr. Alkhal, communicating
he cannot conclude that the City’s Ordinance is not
working, highlighted the fact that the fines do generate revenue
for maintenance of City streets. Mr. Alkhal acknowledged it
is still very regrettable when the City has just paved a street
and a utility digs it up afterwards.
Mr. Herrity explained he does not think the patching and
settling of the street is up to the standard that would be
expected.
Mr. Alkhal, agreeing to check the Hawthorne Road location,
added that the City seems to be getting cooperation from the
utilities but sometimes undesirable outcomes result. Mr. Alkhal
further informed Mr. Herrity that, as time and staffing levels
permit, City employees periodically go back to check the status
of various areas.
Method Of Choosing An Interim Mayor
William Scheirer, 1890 Eaton Avenue, expressed his agreement
with Mr. Callahan on the desirability of changing the method
of choosing an interim Mayor.
Preferential Balloting
Mr. Scheirer, focusing on the results of the yesterday’s
Primary Election in which Mr. Callahan received 44% of the
votes for Mayor, suggested an alternative called preferential
balloting in which voters indicate their second choice. Mr.
Scheirer enumerated some of the methods and equipment to institute
the balloting including touch screen terminals. Mr. Scheirer
urged City Council to give serious consideration to bringing
about the necessary changes in law including State law and
procedures.
Gas Meters – Outside of Houses
Dave Sanders, 69 E. Goepp Street, turning to Ms. Szabo’s
discussion about outside meters, asked why the meters are
being moved and questioned who will be responsible if he has
to bring meters from inside his house to the sidewalk. Mr.
Sanders observed that outside meters could be hit by a bicycle,
for example. Mr. Sanders further questioned how such gas utility
company installations are allowed to take place in the absence
of City permits when permits are required for numerous installations
such as fences, for example. Mr. Sanders expressed the hope
that the City seriously looks into the issue and stops it
before it gets out of hand.
Zoning Permits for Public Utility Meters
Darlene Heller, Director of Planning and Zoning, advising
that tonight is the first time she has heard about the issue,
said she does not know anything in the Zoning Ordinance that
provides for issuance of permits for public utility meters.
Ms. Heller noted that, if such public utility installations
would be made in the Historic Districts, then the matter would
be reviewed by the Historic Review Boards. Ms. Heller stated
that she would look into the matter in conjunction with the
Public Works Director.
Analogy Of This Evening’s Meeting
Stephen Antalics, 737 Ridge Street, noting he has lived
in many communities over his 73 years and has attended many
meetings of various municipalities, stated he would give an
analogy of this evening’s meeting. Explaining the energy
bell curve used in physics and noting that energy can become
negative at its minimum level, sits at the very bottom of
the curve, and has to either stay down or go up, Mr. Antalics
expressed the feeling that citizens of Bethlehem and City
officials are “at the bottom right now”. Expressing
the hope that “we can’t go lower”, Mr. Antalics
said he hopes that “we can obey the law of physics and
go upward and out.”
Preferential Balloting
Dean Bruch, 625 Hawthorne Road, focusing on preferential
balloting, felt the problem results from having too many candidates
of the same party, and there are just not enough votes to
go around. Mr. Bruch expressed that the rules of election
should not be changed because “it’s doing what
it’s supposed to do.”
14. ADJOURNMENT
The meeting was adjourned at 9:50 p.m.
ATTEST:
City Clerk
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