Council Minutes

October 21, 2003 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, October 21, 2003 – 7:30 PM – Town Hall

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

President Schweder called the meeting to order. Mr. Arcelay 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, and J. Michael Schweder, 6. Magdalena F. Szabo was absent, 1.

4. APPROVAL OF MINUTES

The minutes of October 7, 2003 were approved.

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

None.

6. OLD BUSINESS

Unaccounted For Water - Update

Mr. Donchez asked for an update on the issue of unaccounted for water.

Mayor Delgrosso advised that there is no change in the situation and the Administration is still working with the Bethlehem Authority concerning the matter. In further response to Mr. Donchez, Mayor Delgrosso indicated he would hope that a final report may be available by the end of the year.

7. COMMUNICATIONS

A. Business Administrator – 2003 State Aid – Pension

The Clerk read a memorandum dated October 6, 2003 from Dennis Reichard, Business Administrator, advising that the check for State Aid Pension Funding was received on October 1, 2003 payable to the Treasurer of the City of Bethlehem in the amount of $1,205,692.36. The proceeds have been allocated as follows: Police Pension Fund - $600,467; Fire Pension Fund - $532,244; PMRS Pension Fund – $72,981.36.

President Schweder stated that authorizing Resolution 11 J is listed on the Agenda.

B. City Solicitor – Amending Fire Civil Service Rules and Regulations – Deletion of One-Year Residency Requirement

The Clerk read a memorandum dated October 8, 2003 from Joseph F. Leeson, Jr., City Solicitor, to which was attached a proposed Resolution to effect a change in the Fire Civil Service Rules and Regulations to delete any reference to residency requirements for applicants to the Fire Department. This will conform with State law, Senate Bill No. 277, which was signed by the Governor on July 17, 2003 and became effective on September 15, 2003.

President Schweder stated that the authorizing Resolution can be placed on the November 5 Council Agenda, unless the Public Safety Committee wishes to review the matter.

C. City Solicitor – Use Permit Agreement – Christkindlmarkt 2003

The Clerk read a memorandum dated October 8, 2003 from Joseph F. Leeson, Jr., City Solicitor, to which was attached a proposed resolution and Use Permit Agreement between ArtsQuest and the City of Bethlehem for use of various City locations for Christkindlmarkt 2003 for the time period November 28, 2003 through December 14, 2003, according to the terms and conditions of the agreement.

President Schweder stated that the authorizing Resolution will be placed on the November 5 Agenda.

D. City Solicitor – Use Permit Agreement – Live Bethlehem Christmas Pageant 2003

The Clerk read a memorandum dated October 8, 2003 from Joseph F. Leeson, Jr., City Solicitor, to which was attached a proposed resolution and Use Permit Agreement between Live Bethlehem Christmas Pageant Society, Inc., and the City of Bethlehem, for use of the Community Arts Pavilion and surrounding field for the 2003 Live Bethlehem Christmas Pageant for the time period December 8, 2003 through January 12, 2004, according to the terms and conditions of the agreement.

President Schweder stated that the authorizing Resolution will be placed on the November 5 Agenda.

E. City Solicitor – Use Permit Agreement – American Association of University Women – 2004 Book Fair

The Clerk read a memorandum dated October 8, 2003 from Joseph F. Leeson, Jr., City Solicitor, to which was attached a proposed resolution and Use Permit Agreement between the American Association of University Women, Bethlehem Branch, and the City of Bethlehem, for use of the Memorial Pool Building for the 2004 Book Fair for the time period March 15, 2004 through April 26, 2004, according to the terms and conditions of the agreement.

President Schweder stated that the authorizing Resolution will be placed on the November 5 Agenda.

F. Community and Economic Development Department – Transfer of Funds Request

The Clerk read a memorandum dated October 17, 2003 from Diane Donaher, Deputy Director of Economic Development, requesting a transfer of funds to the Equipment Account from the Training Account, instead of the Office Supplies Account as had been presented at the Finance Committee Meeting of October 14, 2003, for the purchase of a filing cabinet.

President Schweder stated that authorizing Resolution 11 Q is listed on the Agenda.

8 . REPORTS

A. President of Council

President Schweder announced the Budget Hearing schedule and associated dates for the Proposed 2004 Budget.

B. Mayor

Budget Message - 2004 Proposed Budget

Mayor James Delgrosso summarized his 2004 Proposed Budget message, the full text of which is as follows:

"I am pleased to release for City Council’s review, the City’s proposed 2004 budget. This budget is the product of many long hours and much hard work, by many individuals.

My primary area of focus over the years when I was on City Council was in conservative fiscal management. I believe that I have been able to apply those skills to this budget thus allowing city government to continue to operate efficiently and effectively.

With respect to the 2004 budget, it was necessary to address a particularly challenging issue – one that arises only once every eleven years. 2004 will be an atypical year in that there will be 27 pay periods, rather than the usual 26. This additional bi-weekly pay, added to the general fund, requires an additional budget allocation of approximately $500,000.

Even with the additional pay and the related payroll costs, I am proud to report that we were able to hold other expenses to a minimum, while at the same time diligently pursuing additional potential sources of revenue. Consequently, we have been able to minimize the need for a tax increase in 2004 to only a two percent increase (2%), which represents one quarter (¼) of a mill. For the homeowner with a $100,000 home, assessed at $50,000, this increase amounts to approximately $12 per year or only $1 per month.

There were several positive developments worth noting that enabled us to create a budget with a minimal tax increase. They include the following: (1) For the year 2004, the City’s medical insurance program premium cost has been reduced by $441,000, due to a good track record in recent medical claims. (2) The City’s Tax Bureau has implemented a more aggressive approach to tracking and collecting certain taxes owed. Specifically, the City’s Tax Administrator projects an anticipated increase in revenue of $325,000 from business privilege and mercantile tax and $200,000 from earned income tax. The Department of Administration has reported that these are numbers that the City can rely upon for the year 2004 to produce additional revenue. (3) Department heads and bureau chiefs have reviewed their budgets and have been able to hold spending at the 2003 level. (4) With the refinancing of 1999 bonds, we will realize a $220,611 savings in debt service.

When I became Mayor earlier this year, the City was faced with a difficult financial situation. Challenges included the following: a $350,000 revenue reduction from uncommitted funds from the Bethlehem Housing Authority; a rainy spring at the golf course resulted in a decrease of approximately $150,000 to the General Fund; and a wet summer also adversely impacted revenue from our summer recreational programs. To compensate for these matters, we developed a financial plan to curtail unnecessary spending. As a result of our ongoing efforts to control costs, I can report that Bethlehem will end the year 2003 in the black.

I would also like to address certain other items in the budget including the following:

First, in preparing for the 2004 budget, it became clear that there was a difference in opinion from what City Council was told pertaining to what equipment would be placed in the 2003 bond issue, and what department heads believed to be the case. To help solve this problem and allow the City’s work force and public safety departments to have the necessary equipment to perform their operational duties, we reviewed current and past bond issues for savings. This review allowed us to reprogram $85,134 of new equipment into the 2004 budget. Although reviewing prior years’ bond issues generated savings, large capital expense items exceeding $50,000 that were omitted in the 2003 bond issue, will be placed into a new 2004 bond issue at a cost of $316,120.

It is also important to note the current condition of the sewer fund. The sewer fund has been experiencing a reduction in cash flow over the past few years. To further complicate matters, the City received notice from the State government, that wastewater treatment plant funding from the State will be reduced by $310,000 in 2004. The sewer fund ended the year 2002 with a cash balance of $770,215. During the current calendar year, expenses in the operation of the sewer system will reduce the cash reserve, leaving a projected cash balance of only $175,000 as of December 31, 2003. The sewer fund will end the year in the black, but it cannot continue to operate in the black without a rate increase.

To address the cash balance issue in the sewer plant operation, I am requesting an 8% increase in sewer fees, which will generate approximately $600,000 of new revenue, at a cost to the average homeowner of $11.36 per year.

The Wastewater Treatment Plant has had little in the way of capital improvements with updated equipment and machinery over the last few years, and it is now operating with much out of date equipment. Other equipment has been repaired in a temporary manner, and can’t be expected to last forever. To properly update the equipment in the plant, I am proposing a bond issue of $2 million for capital improvements at the Wastewater Treatment Plant. With these added revenue increases, the City should continue to show a positive cash balance in the sewer fund.

The proposed 2004 water fund budget is anticipated to have an ending cash balance in 2003 of $2,048,000; however this amount is expected to be reduced to $422,000 in 2004. The reduction in cash reserves is primarily due to debt service requirement, which accounts for 52% of the water budget.

To correct this continuing decrease in cash reserves in the water fund, the Bethlehem Authority needs to examine all of its available options for reducing its debt and increasing its revenues.

The City’s current curb side recycling contract with its outside vendor will see increases of 49%, thus requiring the City to propose an increase in recycling fees from $20 to $30 annually per household.

In addition, increased costs for housing inspections and recreational facilities will result in a proposed minimum increase in fees in both of these areas.

Let me acknowledge the work of the department heads and bureau chiefs, who collectively worked very hard to maximize efficiency in City government this year and produce a budget for 2004 which I can strongly endorse and recommend to City Council."

Mayor Delgrosso, reiterating his acknowledgment of the hard work of the Department Heads and Bureau Chiefs on the preparation of the 2004 Proposed Budget, pointed out it was a team effort in conjunction with the Finance Bureau.

Unaccounted For Water - Meter Changes

Mayor Delgrosso, recounting actions recently taken concerning the issue of unaccounted for water, affirmed that warning letters were sent to larger meter users and enumerated the results. Of the 22 letters sent, 11 have installed new meters, 8 have picked up new meters, 2 will pick up new meters shortly, and 1 facility was vacant, equating to a 100% response to the letters. Of the 20 warning letters sent to backflow customers, 13 have installed backflow devices, 7 have contacted the City and made agreements with plumbers for the installation. Of the 47 letters sent to customers, 6 have installed new meters, 7 have picked up new meters, 19 have contacted the City, and 15 have not responded and will receive follow-up letters.

C. Finance Committee

Mr. Callahan, Chairman of the Finance Committee, presented an oral report of the Committee's meeting held October 14, 2003 on the following subjects: Transfer of Funds – Mail Room/Duplicating – Hand Truck; 2001 Local Law Enforcement Block Grant – Account Description – Equipment; Transfer of Funds – Planning and Zoning Bureau – File Cabinet; 2003 HOME Program – Project Funding – Habitat for Humanity; Transfer of Funds – Fire Department – Overtime; Transfer of Funds – Meter Shop – Overtime; Transfer of Funds – Water Control – Overtime; Transfer of Funds – Water Collection and Treatment – Overtime; Transfer of Funds – Traffic Maintenance – Overtime; and Designating Auditors – Parente Randolph - 2003 Audit.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 43 – 2003 – Amending Article 1302 – Height of a Structure

The Clerk read Bill No. 43 – 2003 – Amending Article 1302 – Height of a Structure, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. Bill No. 43 – 2003, hereafter to be known as Ordinance 4215, was declared adopted.

B. Bill No. 44 – 2003 – Amending Article 1309 – Institutional District – Arena

The Clerk read Bill No. 44 – 2003 – Amending Article 1309 – Institutional District – Arena, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. Bill No. 44 – 2003, hereafter to be known as Ordinance 4216, was declared adopted.

C. Bill No. 45 – 2003 – Amending Article 1318 – Front and Rear Yards – Porches and Decks

The Clerk read Bill No. 45 – 2003, Amending Article 1318 – Front and Rear Yards – Porches and Decks, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. Bill No. 45 – 2003, hereafter to be known as Ordinance 4217, was declared adopted.

D. Bill No. 46 – 2003 – Amending Article 1320 – Signs

The Clerk read Bill No. 46 – 2003, Amending Article 1320 – Signs, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. Bill No. 46 – 2003, hereafter to be known as Ordinance 4218, was declared adopted.

E. Bill No. 47 – 2003 – Amending Article 1322 – Location of Buildings and Arenas

The Clerk read Bill No. 47 – 2003, Amending Article 1322 – Location of Buildings and Arenas, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. Bill No. 47 – 2003, hereafter to be known as Ordinance 4219, was declared adopted.

10. NEW ORDINANCES

A. Bill No. 48 – 2003 – Amending Article 107 – Transfer of EMS Bureau to Fire Department

The Clerk read Bill No. 48 – 2003, Amending Article 107 – Transfer of EMS Bureau to Fire Department, sponsored by Mr. Donchez and Mr. Arcelay, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 107 OF THE CODIFIED ORDINANCES
ENTITLED DEPARTMENTS.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. Bill No. 48 – 2003 was declared passed on First Reading.

11. RESOLUTIONS

A. Approving Transfer of Liquor License R-16360 from Borough of Bangor to Hermanos Matos, Inc. – Elliot’s American Grill

Mr. Arcelay and Mr. Gregory sponsored Resolution 14,200 which approved transfer of Restaurant License Number R-16360 from Sportsman Bar & Restaurant, Inc., 3-5 Messinger Street, Bangor, Pennsylvania, to Hermanos Matos, Inc., 81 West Broad Street, for Elliot’s American Grill.

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

Motion - Considering Resolutions 11 B, 11 D through 11 H, and 11 Q As A Group

Mr. Donchez and Mrs. Belinski moved to consider Resolutions 11 B, 11 D through 11 H, and 11 Q as a group. Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. The motion passed.

B. Transfer of Funds – Mail Room/Duplicating – Hand Truck

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,201 which transferred $400 in the General Fund Budget from the Purchasing Bureau – Office Supplies Account to new Purchasing Bureau – Equipment Account, for the purchase of a hand truck for the mailroom/duplicating/print area.

D. Transfer of Funds – Fire Department – Overtime

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,203 that transferred $25,000 in the General Fund Budget from Unforeseen Contingency Account to Fire Department – Overtime Account to provide overtime funds needed to maintain minimum manning levels in the Fire Department.

E. Transfer of Funds – Meter Shop – Overtime

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,204 that transferred $3,000 in the Water Fund Budget from the Meter Shop – Department Contracts Account to the Meter Shop – Overtime Account to pay for overtime to the end of the year.

F. Transfer of Funds – Water Control – Overtime

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,205 that transferred $9,300 in the Water Fund Budget from the Water Control – Salaries Account to the Water Control – Overtime Account to pay for overtime to the end of the year.

G. Transfer of Funds – Water Collection and Treatment – Overtime

Mr. Donchez and Mr. Gregory sponsored Resolution 14,206 that transferred $3,800 in the Water Fund Budget from the Water Collection and Treatment – Department Contract Account to the Water Collection and Treatment – Overtime Account to pay for the overtime associated with the flushing of the raw water transmission mains.

H. Transfer of Funds – Traffic Maintenance – Overtime

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,207 that transferred $500 in the General Fund Budget from the Traffic Maintenance – Rentals Account to the Traffic Maintenance – Overtime Account to pay overtime through the end of the year.

Q. Transfer of Funds – Economic Development Bureau – File Cabinet

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,216 that transferred $250 in the General Fund Budget from the Economic Development Bureau – Training/Continuing Education Account to the Economic Development Bureau – Equipment Account, for the purchase of a file cabinet.

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

C. 2003 HOME Program – Project Funding – Habitat for Humanity

Mr. Donchez and Mr. Arcelay sponsored Resolution No. 14,202 which authorized $75,000, of the total 2003 HOME Program appropriation of $629,910, to be allocated to Habitat for Humanity for acquisition and site improvement costs to provide first time homeownership opportunities for qualified families; and, to reduce the 2003 HOME Program appropriation for Housing Rehabilitation from $171,170 to $96,170.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. The Resolution passed.
I. Designating Auditors – Parente Randolph - 2003 Audits

Mr. Donchez and Mr. Arcelay sponsored Resolution No. 14,208 which retained, upon the yearly approval of Council, the firm of Parente Randolph, PC to provide audits at the listed rates for the year ending December 31, 2003.

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

J. Allocating 2003 State Aid – Pension Plans

Mr. Donchez and Mr. Gregory sponsored Resolution 14,209 which allocated $1,205,692.36 of the 2003 General Municipal Pension System State Aid among the City’s pension plans as follows: Police - $600,467; Firemen - $532,244; and PMRS - $72,981.36.

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

Motion - Considering Resolutions 11 K Through 11 P As A Group

Mrs. Belinski and Mr. Donchez moved to consider Resolutions 11 K through P as a group. Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. The motion passed.

K. Certificate of Appropriateness – 42 West Market Street

Mr. Gregory and Mrs. Belinski sponsored Resolution 14,210 which granted a Certificate of Appropriateness to install fence on top of brick wall at 42 West Market Street.

L. Certificate of Appropriateness – 434 Heckewelder Place

Mr. Gregory and Mrs. Belinski sponsored Resolution 14,211 which granted a Certificate of Appropriateness to install a double-hung wooden window in the former basement window opening at 434 Heckewelder Place.

M. Certificate of Appropriateness – 408 North New Street

Mr. Gregory and Mrs. Belinski sponsored Resolution 14,212 which granted a Certificate of Appropriateness to paint the building foundation of house addition, paint garage gutter and downspout, extend deck and change railing on south end of deck at 408 North New Street.

N. Certificate of Appropriateness – 501 Main Street

Mr. Gregory and Mrs. Belinski sponsored Resolution 14,213 which granted a Certificate of Appropriateness to repair, restore masonry walls and wooden features at the Goundie House at 501 Main Street.

O. Certificate of Appropriateness – 132 East Market Street

Mr. Gregory and Mrs. Belinski sponsored Resolution 14,214 which granted a Certificate of Appropriateness to alter the exterior of 132 East Market Street.

P. Certificate of Appropriateness – 89 West Church Street

Mr. Gregory and Mrs. Belinski sponsored Resolution 14,215 which granted a Certificate of Appropriateness to install a bronze tablet at the rear corner of the Brethren’s House on 89 West Church Street.

Voting AYE on Resolutions 11 K through 11 P: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. The Resolutions passed.

12. NEW BUSINESS

Rescheduling City Council Meeting - November 4 to November 5, 2003

Mr. Donchez and Mrs. Belinski moved to reschedule City Council's first Meeting in November from Tuesday, November 4, 2003, which is Election Day, to Wednesday, November 5, 2003 at 7:30 PM in Town Hall.

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

Act 13 - 2003 - Deletion of One Year Residency Requirement - Firefighter Candidates

Mr. Gregory asked if the deletion of the one year residency requirement for Firefighter candidates means there is no rule requiring that Firefighters must live in the City of Bethlehem. Kevin Moyzan, Fire Commissioner, responded that is correct, and also affirmed to Mr. Gregory that is the case with Police Officers as well. Fire Commissioner Moyzan, in further response to Mr. Gregory, confirmed that the removal of the one year residency requirement for those applying to become firefighters in Third Class Cities was approved under State Senate Bill 277, and was signed by the Governor on July 17, 2003.

Animal Ordinance - Enforcement

President Schweder, recounting there was a problem with enforcement of the Animal Ordinance as previously enacted, inquired whether that is being addressed and will be before Council in the near future.

Joseph Leeson, Jr., City Solicitor, confirmed he drafted into Ordinance form a number of policy proposals he was given on September 22, 2003 by the Department of Community and Economic Development. In addition, he completed the modifications requested last Tuesday. Attorney Leeson inquired about the specific enforcement issues to which President Schweder was referring.

President Schweder noted what was reported by the Department is that the attempt to enforce the Animal Ordinance in the case of one individual resulted in the individual's attorney stating there is nothing in the Ordinance allowing enforcement because it did not provide for the treatment or removal of animals if they were taken from the property. President Schweder, observing that he thought the Department made the determination that was true, commented that was one of the provisions he wanted to see incorporated into the Ordinance.

Attorney Leeson, advising that because it was not part of the proposal it is not contained in the current draft Ordinance, acknowledged it is an important issue that needs to be addressed.

Tony Hanna, Director of Community and Economic Development, stated that the proposed draft will be reviewed and some additional language will be incorporated. Focusing on the issue of enforcement, Mr. Hanna advised that enforcement of the Ordinance has been dealt with fairly well including the case referenced by President Schweder where a license was issued for continued occupancy by a certain number of pets.

State Senate Bill 100 - Local Income Tax System

Mrs. Belinski commended Al Timko, Tax Administrator, for the letter he sent on behalf of the City to State Senator Michael Waugh concerning S.B. 100 that "…would result in fiscal and calendar year reporting on the varying tax rates and bases. The resulting confusion, fragmentation and frustration will spread chaos across our Commonwealth…[T]hose who do not understand the tax laws usually ignore the tax laws…". Mrs. Belinski pointed out it was Mr. Timko's contention that simple amendments to Act 511 to improve and modernize the local tax system would result in substantial revenue increases, and his letter enumerated concerns with S.B. 100 as well as amendments to modernize Act 511.

13. COURTESY OF THE FLOOR

Development of Former Durkee Property - Eighth Avenue

Dean Bruch, 625 Hawthorne Road, said he would like to know why something cannot be done to get the former Durkee property developed and get something accomplished. Mr. Bruch, further questioning whether some legal action could be taken in order to bring the proposed development to fruition, stated that a lot of money is being lost as a result of a small number of people who oppose the development.

Attorney Leeson explained that the neighbors represented by an attorney have filed three separate appeals against the rezoning of the former Durkee property located on Eighth Avenue, each of which is a different challenge to the rezoning. In an effort to try to step up the process, Attorney Leeson advised that this afternoon he signed papers for the City of Bethlehem to intervene in those matters. Attorney Leeson noted the purpose of the intervention would be to try to make sure that everything is handled in as expeditious a manner as possible. While acknowledging that ordinarily the City does not participate in zoning appeals, Attorney Leeson stated in this case an exception is being made because of the support that the Administration and Council strongly demonstrate for the project. However, Attorney Leeson continued on to say that the courts of the Commonwealth of Pennsylvania will give all three of the appeals due process which means the individuals who have filed those appeals will be entitled to the same rights and time frame as every other litigant in the civil court system. Consequently, the timetables of the cases will not be in the City's control. Observing that, unfortunately, there is only so much the City can do, Attorney Leeson affirmed the City will do what it can to keep an eye on the case and encourage that the matter move forward but all the while knowing the courts will be controlling the process.

Mr. Bruch wondered whether the signing of a petition by the public would make the matter come about more quickly.

Attorney Leeson explained that would not be successful because in order for the courts to grant an expedited hearing to a matter involving a government agency there would need to be a showing of a compelling government interest pertaining to public health, safety, or similar importance. Pointing out that, absent those factors, such a request would be denied, Attorney Leeson observed it would be a futile exercise to request it although it could be requested. Stating that these appeals will be around for quite a long time, Attorney Leeson illustrated that a few years ago the Zoning Hearing Board authorized a variance for property at Eighth Avenue and Schoenersville Road to convert a former garage into a Wawa store. It was only recently that the Pennsylvania Commonwealth Court sustained the action of the Zoning Hearing Board. However, now the challengers have filed an appeal to the State Supreme Court. At that level, the State Supreme Court could either accept or not accept the appeal. Attorney Leeson observed that an approach of appeals could be to try to wear out a developer.

14. ADJOURNMENT
The meeting was adjourned at 8:09 p.m.
ATTEST:

City Clerk