Council Minutes
August 19, 2003 Meeting Minutes
BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, August 19, 2003 – 7:30 PM – Town Hall
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
President Schweder called the meeting to order. Pastor Melvin
Tatem, of Grace Deliverance Baptist Church, offered the invocation
which was followed by the pledge to the flag. Present were
Ismael Arcelay, Jean Belinski, John B. Callahan, Robert J.
Donchez, James S. Gregory, Magdalena F. Szabo, and J. Michael
Schweder, 7.
Citation – Honoring Daniel L. Meixell
President Schweder presented a Citation to Daniel L. Meixell
on the occasion of his retirement from the Police Department,
after 26 years of service to the City.
Citation – Honoring Robert Mulligan
President Schweder noted that a Citation will be forwarded
to Robert Mulligan on the occasion of his retirement from
the Police Department, after 23 years of service to the City.
Citation – Honoring Michael J. Sopko, Jr.
President Schweder noted that a Citation will be forwarded
to Michael J. Sopko, Jr. on the occasion of his retirement
from the Water and Sewer Resources Department, after 40 years
of service to the City.
Citation – Honoring Rick D. Weaver
President Schweder noted that a Citation will be forwarded
to Rick D. Weaver on the occasion of his retirement from the
Fire Department, after 24 years of service to the City.
4. APPROVAL OF MINUTES
The minutes of July 29, 2003 were approved.
5. COURTESY OF THE FLOOR (for public comment on ordinances
and resolutions to be voted on by Council this evening)
Opening City Hall Garage Gates
Robert Lovingood, P.O. Box 20001, thanked the Mayor for reopening
the City Hall Garage to citizens.
Bill No. 30 – 2003 – Amending Zoning Ordinance
– Establishing Section 1304.07 – R-R Residential
District Overlay Zone
Robert Lovingood, P.O. Box 20001, noted he is a resident
of the City, and secretary of the Macada Association. Mr.
Lovingood communicated there is a general consensus that if
the proposed RR - Residential Overlay for the area of Creek
and Friedensville Roads is to be adopted then the zoning in
the area should be changed completely to RR Residential "because
we have all single family homes out there" and the zoning
has been that way for a long time. Mr. Lovingood mentioned
there are people who would have liked to speak at the meeting
this evening, including Robert Biery, Vice President of the
Macada Association, but who was unable to attend due to his
vacation. Mr. Lovingood asked City Council to please vote
to keep the RR Residential zoning, put single family homes
there, and change the area to another category of zoning that
would be appropriate.
6. OLD BUSINESS
Unaccounted For Water
Mr. Donchez thanked Kathleen Reese, Director of Water and
Sewer Resources, for providing the Leak Survey for 1986-2002
that he requested today. Mr. Donchez, focusing on the Leak
Survey, noted that the City spent a total of $221,000 over
the period of time for the survey. Mr. Donchez, pointing out
that each year one-third of the City's water system was evaluated
for a leak survey, observed that over a period of three years
the City was basically reviewed. Mr. Donchez, stating that
for each year of the survey the location, price, and amount
of gallons per day lost were listed, advised that 1.3 million
gallons was the total for 1986 through 2002. Affirming that
the City spent $246,000 to have ADS Environmental Services
conduct the water audit, Mr. Donchez remarked that basically
the company told the City they found about a 10% improvement
in the City's water system that, in his opinion, he found
to be very ambiguous because they basically said it was the
metering and not any specific leaks. Recalling that Ms. Reese
has always used the statistic that a 10% loss would be average,
Mr. Donchez thought the PUC average was approximately 20%.
Mr. Donchez continued on to enumerate percentages for unaccounted
for water in other cities that were obtained from the Bethlehem
Authority, as follows: Allentown - 15%, Easton - 18%, South
Whitehall - 20%, Northampton - 16%, Hellertown - 24%, Upper
Saucon -16%. Mr. Donchez questioned whether the City has any
documents from a consultant or a consulting company that states
exactly what percentage of unaccounted for water should be
acceptable for the City of Bethlehem based on the size of
the system of 405 miles, on the age of the system, on the
connections, on the joint leakage. Mr. Donchez restated that
his question is whether there is a baseline rather than always
stating estimates and averages. Mr. Donchez, remarking he
cannot find the information anywhere, queried is there a statistic
from an outside source that says the City's water system is
losing x number of gallons a day and the percentage.
Ms. Reese clarified that she never said that 10% was the
industry average. Rather, Ms. Reese verified that she said
that 10% was the industry standard. Ms. Reese continued on
to say "that is what the industry considers to be zero.
It is not considered to be cost effective by the industry
for a utility to attempt to get their unaccounted for water
percentage below 10% because it's not cost effective. It would
cost more to try to get that number reduced below 10% than
the benefit…The Public Utility Commission in the Commonwealth
[of Pennsylvania] has a standard of 20%. Those utilities that
have percentages over 10 or over 20 percent are not meeting
those standards. As far as what can a system this age and
this size made out of this type of material be expected to
accept as a maximum amount of water loss, you will not find
that number very easily. However, there are books…that
I have looked at that have formulas and I've worked the formulas,
and anywhere between 300,000 and 800,000 gallons a day total
if you work those formulas. Those formulas are all based on
research which may not be appropriate to apply to our system…I've
never worked for a utility that had an unaccounted for water
percentage over 13%. But those were a lot of systems that
were pretty new. This system is old, especially in some areas.
But it's interesting that Fountain Hill only had one main
break in the last five years. We do know where all the main
breaks have occurred in our system for the last five years.
Fountain Hill I would believe is one of the oldest, and it's
only had one main break in the last five years. A lot of the
reasons why our main breaks is because of the geology through
which they were laid, the construction that was used at the
time, weather -- freeze, thaw, freeze, thaw -- that is why
we have our highest percentage of water main breaks in the
winter months. And, this last winter we had as many main breaks
in the first six months of the year as we had in the entire
twelve months of last year. I can tell you that the PUC and
their management audit in the middle 90's told us that our
unaccounted for water percentage was too high…I went
back and I copied annual engineering reports for about the
last four or five years, and each one of those annual engineering
reports had a recommendation to reduce our unaccounted for
water percentage. I've asked ADS and I've asked other engineers
is there a way to determine whether the City's unaccounted
for water percentage is truly outrageously high, it's high,
it's medium, it's average for a city our size and age, and
the number of customers we serve, and engineers, being a very
conservative group of people, have chosen not to answer the
question straightly by saying…it's 12%, 13%, 15%, 25%.
You also have to take into account the fact that I don't know
how those numbers were derived from those other utilities.
I only know how our numbers were derived."
Mr. Donchez, commenting that the City really does not have
a statistic from Gannett Fleming or from ADS or from anyone
going back at least to 1986 that gives a baseline to work
from, asked whether or not that statement is correct.
Ms. Reese responded by saying "we have a target from
the Public Utility Commission of 20% and we have a target
from the American Water Works Association of 10%."
While remarking the City has targets but does not really
have a baseline to work from, Mr. Donchez stressed that is
what troubles him. Reiterating that the City has spent $221,000
from 1986 through 2002 for the leak surveys to have one-third
of the water system reviewed each year, then the $246,000
for ADS, Mr. Donchez asserted "we're still basically
on square one, for the most part." Mr. Donchez queried
would it not make sense to have a baseline number after all
these years of talking about the issue as opposed to floating
numbers that may be totally inaccurate.
Mr. Donchez, asking the Mayor to provide an update from the
Administration's standpoint, noted that the Bethlehem Authority
has a consulting company that would review various aspects
of the matter for $30,000-$35,000. Mr. Donchez inquired whether
the Mayor is aware of any benchmark.
Mayor Delgrosso, communicating he is not sure there is a
benchmark for Bethlehem and it has always been a problem or
question, confirmed once a benchmark is established then one
has to look at the unaccounted for water beyond that benchmark.
Mayor Delgrosso affirmed a leak expert was brought in who
has all the material that City officials received and is reviewing
that. Mayor Delgrosso advised he has spoken with Ronald Donchez,
Executive Director of the Bethlehem Authority, today to go
over what the Authority's consultant, Schoor DePalma, will
be doing. Mayor Delgrosso explained what was decided was to
ask the leak expert to review the direction of Schoor DePalma,
and perhaps split up the work while working in conjunction
with each other. Mayor Delgrosso continued on to explain the
consultants could work together to find out if a benchmark
can be established after which it must be decided how to go
about it, and a determination could be made if District 7
should be further surveyed. In addition, all the breaks could
be pinpointed after which the leak expert has indicated to
the Administration that is the area where the City would do
its leak study. Mayor Delgrosso communicated that, among the
factors he has heard, is that it is a large area, and the
bidding process could be required. Mayor Delgrosso noted a
question is whether the work can be done under professional
contract.
Mr. Donchez queried if Mayor Delgrosso agrees it is imperative
to come up with a benchmark number from which to work. Mayor
Delgrosso, while communicating it would be an estimated benchmark,
expressed his agreement that a number should be determined.
Mr. Donchez asked if the consultant with whom the Mayor is
working is considering just District 7 or evaluating the whole
system, and would be working with the Bethlehem Authority.
Mayor Delgrosso, responding that the Administration would
sit down with the Bethlehem Authority, did not think the whole
system would be evaluated. Mayor Delgrosso noted that, as
he had said today to Ronald Donchez, Chairman of the Bethlehem
Authority, there is no reason to rush on and make mistakes.
Mayor Delgrosso, commenting that those involved should take
the time and have the work done at the best possible cost
to the City, felt if everyone could work together that way
the job that everyone wants to see done can be accomplished
and done correctly. Mr. Donchez asked if there is a timeframe.
Mayor Delgrosso, replying no, expressed the hope it could
be done as quickly as possible. Mr. Donchez inquired whether
City Council will be constantly updated. Mayor Delgrosso responded
yes.
Mrs. Belinski, asking about the 111 meters that the owners
have not changed, noted some of those meters are very old
and no longer accurately measure the amount of water going
through them. Consequently, Mrs. Belinski thought the individuals
who are not changing their meters must be getting water at
a cheap rate and for less than they are actually using. Mrs.
Belinski stressed that it should be determined how much water
is unaccounted for due to the 111 meters that are not being
changed.
Mayor Delgrosso informed Mrs. Belinski that a letter will
be sent to the 111 customers noting the dates they were sent
certified letters and telephone calls were made. In addition,
the letter will state that if the customers do not change
the meters by a certain date then the water will be shut off.
Mr. Callahan, focusing on the formula for a water system
the size, age, and material of the City's to calculate unaccounted
for water and the figure mentioned of 300,000-800,000 gallons
per day, asked what the figure would be on a percent basis.
Ms. Reese responded that for 2002 taken as a percentage of
send-out flow from the plant unaccounted for water was approximately
4.2 million gallons a day. Ms. Reese continued on to say that
two different formulas, in a book on water loss, take into
account not necessarily the City's specific type of system
but rather how many miles of mains, how many service lines,
distance of service lines from meters. Accordingly, Ms. Reese
pointed out there are a number of measuring points to insert
into the formula. Ms. Reese advised that, calculating it out
based on what she thought were rather liberal numbers, she
came out with a 800,000 gallons per day number. Ms. Reese
explained that the other formula is based on main breaks and
service line breaks that are reported and not reported. Based
on those numbers, Ms. Reese stated she came up with a number
of about 368,000 gallons a day. Ms. Reese added this is supposed
to take into account all water losses through leaks. Ms. Reese,
while communicating it is not a number that is close enough,
said it will help. In further response to Mr. Callahan's question
as to what it would be on a percent basis, Ms. Reese commented
that approximately 4.2 million gallons a day cannot be accounted
for and that would have reduced it to about 3.8 million gallons
a day under the one formula and about 3.4 million under the
other formula. Ms. Reese, acknowledging these are estimates
that come out of a book, affirmed "we are looking more
deeply into it".
7. COMMUNICATIONS
A. Deputy Director of Community Development – Highway
Safety Project Grant
The Clerk read a letter dated August 6, 2003 from Dana B.
Grubb, Deputy Director of Community Development, to which
was attached a proposed resolution to authorize the Mayor
and the Controller to sign grant documents for Highway Safety
Grant Project No. J8 04-01-1 for continuation of the City
of Bethlehem Sobriety Checkpoint and Expanded DUI/Underage
Drinking Enforcement Program.
President Schweder stated that authorizing Resolution 11
C is listed on the agenda.
B. Assistant City Solicitor – Records Destruction –
Controller’s Office
The Clerk read a memorandum dated August 12, 2003 from William
Alexander Karras, Assistant City Solicitor, to which was attached
a proposed resolution for the destruction of records requested
by the Controller’s Office in accordance with the Municipal
Records Retention Act.
President Schweder stated that authorizing Resolution 11
I is listed on the agenda.
C. Assistant City Solicitor – Records Destruction –
Financial Services Bureau
The Clerk read a memorandum dated August 12, 2003 from William
Alexander Karras, Assistant City Solicitor, to which was attached
a proposed resolution for the destruction of records requested
by the Financial Services Department in accordance with the
Municipal Records Retention Act.
President Schweder stated that authorizing Resolution 11
J is listed on the agenda.
D. 2000 Parking Authority – Refunding Issue
The Clerk read a memorandum dated August 15, 2003 from Dennis
W. Reichard, Business Administrator, stating that Bill No.
34 – 2003, 2000 Parking Authority Refunding Issue, listed
on the agenda for Final Reading, was discussed and approved
by the Finance Committee, and gives the Administration the
direction to proceed with the refunding if the net present
value savings are 2% or greater of the amount of bonds being
refunded. This equates to a net present value savings of at
least $167,000. The Ordinance authorizes the Mayor, Council
President and Controller to execute the bond purchase agreement
by October 1, 2003. If the target savings are not achieved
by October 1, then there is no authorization to sign the bond
purchase agreement, and the Administration would have to go
back to City Council for a new Ordinance authorizing the refunding.
President Schweder noted that Attorney Peter Carlucci, Bond
Counsel, is at the meeting this evening to respond to questions.
8 . REPORTS
A. President of Council
None.
B. Mayor
Neighborhood Pride Program
Mayor Delgrosso affirmed that, as had been reported in the
newspaper, the Administration conducted the Neighborhood Pride
program in the 600 block of Fifth Street, Atlantic Street,
and Laufer Street. Mayor Delgrosso advised what has come out
of the program are that 45 violations have been filed by Michael
Palos, Chief Housing Inspector, concerning some of the houses
in the area. In addition, 150 violations have been filed by
Scott Sterner of the Health Bureau in the four block area
on weeds, garbage, debris, etc. of the 130 households that
were contacted. The Police Department will visit the area
4-5 times an hour, and had 21 calls there over the weekend
for such matters as noise violations and littering. The program
will continue for 3 weeks after which it will be evaluated.
1. Administrative Order – Dennis R. Cunerd –
Redevelopment Authority
Mayor James Delgrosso appointed Dennis R. Cunerd to the Redevelopment
Authority, effective until March 2008. Mr. Donchez and Mr.
Arcelay sponsored Resolution 14,148 to confirm the appointment.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
C. Finance Committee
Mr. Callahan, Chairman of the Finance Committee, presented
an oral report of the Committee’s meeting held August
7, 2003 on the following subjects: Officers’ and Employees’
Pension Fund Retirees – Proposed Monthly Pension Increases,
Transfer of Funds – Water Maintenance – Overtime,
Transfer of Funds – Wastewater Treatment – Overtime,
Transfer of Funds – Tax Bureau - Overtime, Utilization
of Savings – Recycling Bureau – Purchase of File
Cabinets, Utilization of Savings – Liquid Fuels Fund
Budget – Purchase of Replacement Backhoe. The Committee
also received the Auditors presentation on the draft 2002
Audit and Report to Management on the 2002 Audit.
Chairman Callahan also presented an oral report of the Committee’s
meeting held this evening prior to the City Council Meeting
on the following subject: Amending General Fund Budget –
Health Bureau – Tobacco Grant.
9. ORDINANCES FOR FINAL PASSAGE
A. Bill No. 30 – 2003 – Amending Zoning Ordinance
– Establishing Section 1304.07 – R-R Residential
District Overlay Zone
The Clerk read Bill No. 30 – 2003 – Amending
Zoning Ordinance – Establishing Section 1304.07 –
R-R Residential District Overlay Zone, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill
No. 30 – 2003, hereafter to be known as Ordinance 4205,
was declared adopted.
B. Bill No. 31 – 2003 – Amending Article 1733
– Car Repairs at Residences
The Clerk read Bill No. 31 – 2003 – Amending
Article 1733 – Car Repairs at Residences, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill
No. 31 – 2003, hereafter to be known as Ordinance 4206,
was declared adopted.
C. Bill No. 34 – 2003 – Parking Authority –
Advanced Refunding – 2000 Bond Issue
The Clerk read Bill No. 34 - 2003 – Parking Authority
– Advanced Refunding – 2000 Bond Issue, on Final
Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill
No. 34 – 2003, hereafter to be known as Ordinance 4207,
was declared adopted.
D. Bill No. 35 – 2003 – Amending General Fund
Budget – Police Department, Recycling Bureau, and Health
Bureau
The Clerk read Bill No. 35 – 2003, Amending General
Fund Budget – Police Department, Recycling Bureau, and
Health Bureau, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill
No. 35 – 2003, hereafter to be known as Ordinance 4208,
was declared adopted.
E. Bill No. 36 – 2003 – Amending Non-Utility
Capital Budget – TANF Program and Illick’s Mill
The Clerk read Bill No. 36 – 2003 – Amending
Non-Utility Capital Budget – TANF Program and Illick’s
Mill, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill
No. 36 – 2003, hereafter to be known as Ordinance 4209,
was declared adopted.
F. Bill No. 37 – 2003 – Amending Community Development
Budget – HOME Program
The Clerk read Bill No. 37 – 2003 – Amending
Community Development Budget – HOME Program, on Final
Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill
No. 37 – 2003, hereafter to be known as Ordinance 4210,
was declared adopted.
10. NEW ORDINANCES
A. Bill No. 38 – 2003 – Amending General Fund
Budget – Health Bureau - Tobacco Grant
The Clerk read Bill No. 38 – 2003, Amending General
Fund Budget – Health Bureau - Tobacco Grant, sponsored
by Ms. Szabo and Mrs. Belinski, 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. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill
No. 38 – 2003 was declared passed on First Reading.
11. RESOLUTIONS
A. Authorizing HOME Funding – New Bethany Ministries
and Housing Rehabilitation
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,149 which
authorized $289,170 of the total 2003 HOME Program funding
to be allocated to the following 2003 HOME Program projects:
New Bethany Ministries - $118,000 and Housing Rehabilitation
- $171,170.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
B. Approving Monthly Pension Increases – Officers’
and Employees’ Pension Fund Retirees
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,150 which
granted an increase in pension for certain Officers’
and Employees’ Pension Fund retirees in accordance with
Exhibit A, effective October 1, 2003.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
C. Authorizing Execution of Documents – Highway Safety
Grant Project
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,151 which
authorized the Mayor and Controller to sign the grant documents
for Highway Safety Grant Project No. J8 04-01-1.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
D. Transfer of Funds – Water Maintenance – Overtime
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,152 that
transferred $40,000 in the Water Fund Budget from Water General
Expenses – Unforeseen Contingencies Account to the Water
Maintenance – Overtime Account to pay overtime to the
end of the year.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
E. Transfer of Funds – Wastewater Treatment –
Overtime
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,153 that
transferred $40,000 in the Sewer Fund Budget from the following
accounts: $10,000 from Wastewater Treatment – Salaries
and $30,000 from Sewer General Expenses – Unforeseen
Contingency, to the Wastewater Treatment – Overtime
Account to provide additional funding in the Account to pay
overtime to the end of the year.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
F. Transfer of Funds – Tax Bureau – Overtime
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,154 which
transferred $3,800 in the General Fund Budget from the Tax
Bureau – Temporary Help Account to the Tax Bureau –
Overtime Account to provide additional funding needed in the
Account.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
G. Utilization of Savings – Recycling Bureau –
Purchase of File Cabinets
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,155 which
utilized $500 in savings in the General Fund Budget from the
Recycling Bureau – Equipment Account for the purchase
of two filing cabinets for the Recycling Bureau.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
H. Utilization of Savings – Liquid Fuels Fund –
Purchase of Replacement Backhoe
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,156 which
utilized $65,000 in savings in the Liquid Fuels Fund Budget
from the Liquid Fuels Fund – Equipment Account for the
purchase of a replacement backhoe.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
I. Authorizing Records Destruction – Controller’s
Office
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,157 which
authorized the disposition of records from the Controller’s
Office listed on Exhibit A in accordance with the Municipal
Records Manual.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
J. Authorizing Records Destruction – Financial Services
Bureau
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,158 which
authorized the disposition of records from Financial Services
listed on Exhibit A in accordance with the Municipal Records
Manual.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr.
Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The
Resolution passed.
12. NEW BUSINESS
Weeds - Third and Fourth Streets
Mrs. Belinski advised that she has been getting many complaints
from residents of the Third and Fourth Streets corridor about
weeds taking over the former Bethlehem Steel Corporation parking
lots. Mrs. Belinski inquired who should be called about the
problem and who is responsible.
Tony Hanna, Director Community and Economic Development,
responding that Bethlehem Steel Corporation no longer has
responsibility for the parking lots, informed Mrs. Belinski
that ISG has the responsibility. Mr. Hanna stated that ISG
has been requested to clean up the property. Noting the City
has some responsibility for some of the properties in the
Bethlehem Works project area following the development of
the infrastructure there, Mr. Hanna advised that Charles Brown,
Director of Parks and Public Property, and his staff have
cleaned up some of that property. In addition, the City has
been working with Norfolk Southern Railroad because some of
the property abuts theirs. Mr. Hanna added that the railroad
has done a very good job in the last week or so cleaning out
some heavy brush in the corridor.
Lights on Fourth Street
Mrs. Belinski, relating that neighbors are very happy with
the installation of the new lights on Fourth Street, noted
they are wondering when the lights will be turned on.
Michael Alkhal, Director of Public Works, replied in about
four weeks.
Ice Rink - Bethlehem Works
Ms. Szabo inquired about the status of the ice rink project
in the Bethlehem Works area.
Mr. Hanna explained that construction is progressing very
well, and the expectation is that it might be ready by the
end of the year.
13. COURTESY OF THE FLOOR
Police Department - Additional Dogs
Pennie Barron, 626 Fifth Avenue, inquired about funding for
an extra K-9 dog and some needed equipment for the Police
Department. Ms. Barron advised that she attended the Civilian
Police Academy and hopes to enter the formal Police Academy
in January. Ms. Barron related that she learned the City's
Emergency Response Team needs about 15 gas masks that cost
approximately $200 a piece. Adding she has spoken to Mr. Callahan
and Francis Donchez, Police Commissioner, Ms. Barron said
they are trying to find out about possible available grants.
Ms. Barron said she would like Council to support this, and
informed the assembly that she would like to do some fundraising
activities.
Carol Mark, 634 Fifth Avenue, informed the Members that she
also attended the Civilian Police Academy. Ms. Mark advised
she asked Officer Jack Fliter why the City has only two dogs
since it would make sense to have three dogs in view of the
fact that there are three Police shifts. Ms. Mark noted it
comes down to lack of money. Ms. Mark, stating she has been
told the working span of a dog is around 7-9 years, felt the
span would be longer if there were a third dog. Ms. Mark advised
that the initial cost of a dog, which is $12,000-$13,000,
covers the dog, training, veterinary bills, and food, after
which the maintenance cost is $2,500 per year. She commented
that a new cruiser car would not be needed but rather a Police
car could be easily converted. Ms. Mark, saying that Police
Commissioner Donchez is backing the project, asked if Council
would back it. Ms. Mark queried if there is any way this could
be worked into the budget, or perhaps over a period of two
or three years, and added that some fund raising could be
done to purchase another dog.
Patriot Act
Peter Crownfield, 569 Brighton Street, noted the Patriot
Act, that comprises about 347 pages, was rushed into passage
after the September 11, 2001 terrorist attacks. Mr. Crownfield,
saying "most congressmen and senators admitted that they
never even had a chance to read it", stated it turns
out the act "has provisions threatening our rights…against
search and seizure without notice, and numerous other provisions."
Mr. Crownfield affirmed he has provided each Member of Council
with further information on this and a proposed Resolution
that he said he "would like Council to place on the Agenda
for a future meeting at which the City of Bethlehem could
take an opportunity to protect the rights of the people living
here." Mr. Crownfield expressed the hope that Council
would put it on an Agenda for a meeting soon.
President Schweder, affirming that the Members of Council
did receive Mr. Crownfield's letter, advised that he asked
the City Clerk to obtain seven copies of the Act. At that
point, President Schweder stated a determination will be made
if there is an interest by Members of Council to sponsor something
with respect to the matter.
Unaccounted For Water
William Scheirer, 1890 Eaton Avenue, referring to Mr. Donchez's
remarks, expressed the opinion that Mr. Donchez and Ms. Reese
were talking about two different things. Mr. Scheirer thought
that Mr. Donchez's question could be formulated as a statistical
question. Mr. Scheirer notified the Members that, if he could
be provided with data on comparable systems and percentage
of unaccounted for water, he will attempt to develop, pro
bono, a relationship based on municipal experience rather
than industry standard.
Mr. Scheirer, stating that ADS Environmental Services estimated
that five percent of the water was not being measured by meters
due to their age, communicated that the company did not focus
on the amount of water unmeasured because of the age of the
meters. Mr. Scheirer thought that professional or trade organizations
have estimates that vary by the age of meters. Mr. Scheirer
felt it would be fairly simple to write a computer program
that would look at the age of each customer's meter, estimate
the corresponding percentage and volume of water being unmeasured,
add the volumes, and divide the overall missing volume by
the volume of water estimated to be going into the system
in order to obtain an estimated percentage that would be more
accurate than the five percent estimate. Mr. Scheirer recited
an example of the calculation.
Fire Department - Newspaper Article
Howard Aubrey, 2105 Iris Place, noting he has been a member
of the Fire Department for nearly 23 years, said he would
like to comment on a recent newspaper article about sick leave
and overtime that he felt was misconstrued information. Mr.
Aubrey, advising there has always been at least one person
but sometimes three, four, or more on long term injury or
illness, remarked that to take long term sickness and illness,
put it into a group of all the Firefighters and divide that
into an average "is unfair and ridiculous". Mr.
Aubrey, expressing the opinion that when morale goes down
sick leave increases, continued on to say it is his opinion
"that the morale of the Bethlehem Fire Department is
at the lowest I've ever seen in my career" and the downhill
spiral began about eight years ago. Mr. Aubrey recounted that
several years ago there was a scandal, the repercussions of
which continue today. Mr. Aubrey, relating it was revealed
in the local press that the City had hired illegal candidates
for the Fire Department, noted State law required candidates
to live in the City for at least one year prior to applying
for the Fire Department. Pointing out that Fire Departments
in Allentown, Scranton and Wilkes-Barre had the same situation
and immediately fired such individuals, Mr. Aubrey stressed
that the City of Bethlehem did not. Mr. Aubrey, noting that
one individual was suspended for six to nine months during
which the City paid overtime to replace him, advised that
the individual was reinstated. Mr. Aubrey further advised
that nothing happened to any of the others and asserted there
were at least ten individuals who violated the law, some of
whom have become officers. Mr. Aubrey said "having to
come to work with these people who we know were hired illegally
is very disturbing to morale", and added "some of
these individuals are downright arrogant about this."
Mr. Aubrey informed the assembly that, under the current Fire
administration, members of the Fire Department have been encouraged
and rewarded for coming to work on their days off for no compensation
which he noted is a violation of a Federal labor law under
the Fair Labor Standards Act. Mr. Aubrey, citing the case
involving Montgomery County, Maryland where this practice
occurred, advised that the County had to pay back ten years
of overtime and had to sell a fire station to pay the fines
and IRS related fines. Mr. Aubrey highlighted the fact that
designated smoking areas are in areas where Firefighters are
forced to work and train and is in the workout area at one
of the Fire Stations. Mr. Aubrey, pointing out there are no
physical fitness standards, stressed there are some Firefighters
who in his opinion are "in absolutely horrendous physical
condition", felt they would be incapable of climbing
a flight of stairs dragging a hose line. Mr. Aubrey, saying
"individuals like myself are forced to do their work
for them", queried "how's that supposed to boost
morale." Mr. Aubrey, noting that Firefighters receive
$5 a day for unused sick leave at the end of the year, calculated
that is $88 with taxes. Mr. Aubrey exclaimed he would rather
be with his sick child than receive $5 a day. Mr. Aubrey,
remarking there is a sick leave increase within the Fire Department,
asserted it should not be blamed on contract loopholes. Mr.
Aubrey stated that "describing Bethlehem Firefighters
as self-serving is unfair, too, unless all the facts are laid
out." Mr. Aubrey said "if you want to fix alleged
sick leave abuse you have to fix the Fire Department. Firefighters
are not stupid. They know when important issues are being
covered up instead of dealt with. Heal the Department and
you'll heal the men."
Shawn O'Hearn, 1220 Center Street, noting he is a Firefighter,
said when he read the newspaper article he was angered and
disappointed that the City Administration would let something
like that get in the newspaper. He added it was very misleading
and erroneous. Mr. O'Hearn, stating the majority of Firefighters
do not take sick days, communicated that the vast majority
are dedicated professionals. Mr. O'Hearn, expressing his feeling
that it is a direct assault about contract negotiations not
going too well since there is not yet a contract, communicated
that Firefighters feel the City somehow thinks this will give
them an upper hand. Mr. O'Hearn expressed his disappointment
with that tactic and the newspaper article. Mr. O'Hearn remarked
that the dedicated Firefighters feel those individuals who
are taking sick days and bending the rules should be dealt
with rather than letting the vast majority of Firefighters
suffer. Mr. O'Hearn asserted it does hurt morale. Mr. O'Hearn
said he would like to see the City Administration perhaps
come forward with a retraction for some of what was in the
newspaper which he declared was misleading. Commenting that
"a very small minority of guys [are] taking off a lot
of days", Mr. O'Hearn contended that to paint the entire
Department as taking advantage of the taxpayers is not fair.
Mr. Reichard said "our records don't lie, our records
are accurate. They were off our payroll records…When
the Morning Call asked me for the information, that information
goes to the Solicitor. It's under the right to know law. There
is nothing that the City Administration can do with keeping
that information private. That is public information. The
Solicitor [,Attorney Leeson,] did review the information,
he sent me a…memo…and said that that information
shall be distributed to the Morning Call. Again, the records
are accurate. I invite any Member of Council to review those
records. We have not supplied any false information."
Mayor Delgrosso pointed out the newspaper article was started
almost a year ago, not during Fire Department contract negotiations.
Mayor Delgrosso noted that the newspaper made the decision
about putting the article in the newspaper and the City had
nothing to do with it.
Unaccounted For Water - Process
Stephen Antalics, 737 Ridge Street, notified the assembly
that he went through an exhaustive examination to get a sense
of the process involved in the issue related to the study
of unaccounted for water. Remarking that the process is very
complex, Mr. Antalics said he was impressed with the cooperativeness
of City employees in helping him to understand the situation.
He highlighted the fact that there were various checks and
balances throughout the process including the receiving of
bids, signing of contract, paying of purchase orders, etc.
Mr. Antalics stated that the last invoice from ADS Environmental
Services dated June 16 in the amount of $37,000 showed "total
to date billings percent work completed to be 100%".
He continued on to say that the invoice went to the Treasurer
and Controller for payment and apparently the check was issued
on June 30. Mr. Antalics said he has a readout starting with
"December 01 for $275,000 was approved and the total
expenditures as of 6/23 was $258,398 which was a pretty good
portion of the total contract." Mr. Antalics recounted
that, after the July 29, 2003 City Council Meeting, an article
appeared in the Morning Call on July 30, 2003 containing statements
of the Controller. Mr. Antalics indicated that the matter
seemed to have broken in June or July so that actions seemed
to be taken in August. Mr. Antalics, communicating he is impressed
with the ability for checks and balances from the early contract
down to almost yesterday, said he is concerned with "an
invoice coming out and saying that they did 100% of the work
and which was not the case." Mr. Antalics queried "where
did the check and balance break down at that point".
President Schweder observed the answer would have to come
from the Controller's or Treasurer's offices.
Mr. Antalics remarked he finds "it troublesome that
the red flag didn't come up sooner", and is "a bit
disturbed by the timing of this". Mr. Antalics, expressing
the "hope that we're not going to be throwing more dollars
after bad dollars and end up zero", said by that he means
"incurring legal fees over and above what we've already
paid for things not done based upon the City saying everything
was done to their satisfaction."
President Schweder, stating that all share Mr. Antalics'
concern, noted he was advised that the investigation in the
Controller's office continues and it would be the Controller's
responsibility to go after the agency or individuals to see
if there is restitution to be made back to the City.
Mr. Antalics advised that he spoke with the person at ADS
Environmental Services in charge of the project who said "he
was not free to comment because he implied it was in litigation
already".
City Council Seat - County Committee Nominee
Mr. Antalics congratulated Mr. Arcelay on his appointment
for the City Council seat on the November ballot by the County
Committee and added that he was impressed with the process.
Disturbances at Hawthorne House
Dean Bruch, 625 Hawthorne Road, informed the Members there
have been a lot of disturbances on Hawthorne Road particularly
in the playground area. Adding that Mr. Donchez has been investigating
that and has been very helpful, and Mr. Gregory has helped
with having automobiles removed from the Milham lot, Mr. Bruch
noted that the stop signs are up, and the Police are present.
Mr. Bruch communicated that more Police presence is needed
because of some vandals who are throwing bricks and stones
for no reason. Mr. Bruch advised that the neighbors are looking
for three individuals on bicycles and hope that soon the culprits
can be found and the neighborhood can be good and clean again.
Comments By Firefighters
Mr. Gregory commended the Firefighters for their courage
in speaking up tonight. Mr. Gregory expressed the hope that
Council may ask the Fire Commissioner for a response in writing
to the issues that were raised.
Mayor Delgrosso indicated that the Fire Commissioner will
be contacted.
14. ADJOURNMENT
The meeting was adjourned at 9:00 p.m.
ATTEST:
City Clerk
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