Council Minutes

December 16, 2003 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, December 16, 2003 – 7:45 PM – Town Hall

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

President Schweder called the meeting to order. Pastor Gary Langenseipen of St. John's Windish Lutheran 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.

4. APPROVAL OF MINUTES

The minutes of December 2, 2003 were approved.

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

None.

6. OLD BUSINESS

None.

7. COMMUNICATIONS

A. Director of Public Works – Traffic Signal – Catasauqua Road and Westgate Drive

The Clerk read a memorandum dated December 8, 2003 from Michael Alkhal, Director of Public Works, to which was attached a draft resolution for the operation and maintenance of a traffic signal to be erected by Lehigh Valley Hospital at the intersection of Catasauqua Road and Westgate Drive. The City has pursued the installation of this traffic signal to address the anticipated increase in traffic due to the expansion of the Lehigh Valley Hospital's Muhlenberg Campus, and to improve safety for motorists, pedestrians, and a nearby Fire Station.

President Schweder stated that authorizing Resolution 11 A is listed on this evening's Agenda for consideration.

B. Mayor Delgrosso – Amending Article 153 – Police Pension Fund

The Clerk read a memorandum dated December 12, 2003 from Mayor James A. Delgrosso to which was attached proposed amendments to Articles 153.09 and 153.12 addressing the Police Pension Fund. Revised Section 153.09 is proposed to address the issue of what pension calculation would be appropriate when a disability pension is awarded. Sections 153.12(a) and (b) reflect the changes agreed upon in the new collective bargaining Agreement entered into on January 1, 2003. New Section 153.12(c) provides for a police officer to enjoy a higher rate of pension pay only if he holds the new position for at least six months. This limitation would not apply in the case of a disability or honorable discharge.

President Schweder referred the matter to the Human Resources and Environment Committee.

C. Mayor Delgrosso - Amending Article 151 – Firemen’s Pension Fund

The Clerk read a memorandum dated December 12, 2003 from Mayor James A. Delgrosso to which was attached proposed amendments to Article 151.05(a) addressing the Firemen's Pension Fund. The Amendment reflects the changes agreed upon in the new collective bargaining Agreement entered into on January 1, 2003. An amendment is proposed to indicate what pension calculation would be appropriate when a disability pension is awarded. A new provision is also added to the end of Section 151.05(a) to provide for a fireman to enjoy a higher rate of pension pay only if he holds the new position for at least six months. This limitation would not apply in the case of disability or honorable discharge. It is also recommended that a new version of the Rules and Regulations of the Firemen’s Pension Fund be created reflecting all cumulative prior amendments to such Rules.

President Schweder referred the matter to the Human Resources and Environment Committee.

8 . REPORTS

A. President of Council

City Council - Vacant Seat

President Schweder stated that letters and resumes from individuals interested in filling the vacancy on City Council to serve January 9, 2004 until a successor is sworn into office on January 2, 2006 must be submitted to the City Clerk's Office, 10 East Church Street, Room B212, by 4:30 p.m. on Friday, December 19, 2003.

President Schweder announced that Special City Council Meeting will be held on Thursday, January 8, 2004 at 7:30 PM in Town Hall for a presentation by all candidates, and questions from Members of Council, followed by voting on a Resolution to appoint an individual to fill the vacancy on City Council for a two year term ending January 2, 2006.

B. Mayor

1. Administrative Order – Jessica L. Lee – Fine Arts Commission

Mayor Delgrosso appointed Jessica L. Lee to the Fine Arts Commission effective until December 2006. Ms. Szabo and Mr. Arcelay sponsored Resolution No. 14,253 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.

Mayor Delgrosso - Projects to be Completed; Expression of Thanks

Mayor Delgrosso, acknowledging this is his last City Council Meeting as Mayor, enumerated several items he had hoped to complete before he leaves office as of January 2004. Mayor Delgrosso noted he has had discussions with Rich Crawford of Norfolk Southern Railroad, about the Urban Greenway, that is the abandoned Norfolk Southern Railroad right of way. Advising that the lease for the site has to be reviewed by the Railroad's attorneys, Mayor Delgrosso pointed out the lease will give the City the option to purchase the railway or possibly acquire it as a gift. He commented that Norfolk Southern may remove and salvage the tracks so the City would not have to take care of them in the future. Mayor Delgrosso expressed the hope that the lease will be before City Council early next year. Mayor Delgrosso stated that the City has requested $200,000 under the transportation enhancement fund. Mayor Delgrosso added that $100,000 through the DCNR has been requested. Mayor Delgrosso, turning to negotiations with the Windish Church, observed that the matter under negotiation would provide a parking lot across from the Church. Focusing on the purchase of property at the Bethlehem Commerce Center by Lehigh Valley Industrial Park (LVIP), Mayor Delgrosso noted the matter is near completion and an announcement is expected within the next week or two. Mayor Delgrosso added he was happy to be part of those negotiations in the beginning stages.

Mayor Delgrosso thanked City Council for giving him the opportunity to serve the City as Mayor, expressed his appreciation, and stated that he has enjoyed the nine months of his term as Mayor. Mayor Delgrosso expressed that he hopes he has met Council's expectations. Mayor Delgrosso wished the Members of Council good luck in the future.

C. Finance Committee

Mr. Callahan, Chairman of the Finance Committee, presented an oral report of the Committee's meeting held prior to this evening's meeting on the following subjects: Transfer of Funds – Mechanical Maintenance Bureau – Overtime; Change Order – Sand Island – West; Transfer of Funds – Health Bureau – Equipment; Transfer of Funds – Fire Department – Overtime and Roster Duty; Transfer of Funds – Water Control – Overtime; Transfer of Funds – Collection and Treatment – Overtime; Transfer of Funds – Utility Billing – Overtime; and Transfer of Funds – Sewer Maintenance – Overtime.

D. Human Resources and Environment Committee

Mr. Arcelay, Chairman of the Human Resources and Environment Committee, announced that the Committee's meeting that was to be held tomorrow at 9:00 AM has been cancelled due to lack of a quorum.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 51 – 2003 – Adopting the 2004 General Fund Budget

The Clerk read Bill No. 51 – 2003 – Adopting the 2004 General Fund Budget, on Final Reading.

Mr. Donchez and Ms. Szabo sponsored the following Amendment:

That Section 2. which reads as follows:
SECTION 2. Appropriations in the sum of Forty-Six Million, Eight Thousand ($46,008,000) Dollars are hereby made from the General Fund as follows:

To the Council:
Personal Services $ 146,110
Purchase of Services 55,305
Materials and Supplies 0
Equipment 0

TOTAL $ 201,415

To the Mayor:
Personal Services $ 143,997
Purchase of Services 4,985
Materials and Supplies 750
Equipment 0

TOTAL $ 149,732

To the Controller:
Personal Services $ 190,791
Purchase of Services 3,255
Materials and Supplies 0
Equipment 0

TOTAL $ 194,046

To the Treasurer:
Personal Services $ 1,000
Purchase of Services 0
Materials and Supplies 0
Equipment 0

TOTAL $ 1,000

To the Bureau of Law:
Personal Services $ 201,706
Purchase of Services 5,200
Materials and Supplies 0
Equipment 0

TOTAL $ 206,906

To the Department of Administration:
Personal Services $ 1,439,861
Purchase of Services 167,138
Materials and Supplies 89,550
Equipment 0

TOTAL $ 1,696,549

To the Department of Community and
Economic Development:
Personal Services $ 2,847,786
Purchase of Services 2,231,868
Materials and Supplies 72,961
Equipment 78,650

TOTAL $ 5,231,265

To the Department of Parks and
Public Property:
Personal Services $ 2,571,398
Purchase of Services 1,134,305
Materials and Supplies 130,800
Equipment 0

TOTAL $ 3,836,503

To the Department of Public Works:
Personal Services $ 2,224,595
Purchase of Services 1,486,670
Materials and Supplies 151,225
Equipment 0

TOTAL $ 3,862,490

To the Department of Police:
Personal Services $ 8,369,727
Purchase of Services 448,507
Materials and Supplies 367,925
Equipment 0

TOTAL $ 9,186,159

To the Department of Fire:
Personal Services $ 6,668,933
Purchase of Services 145,195
Materials and Supplies 172,395
Equipment 0

TOTAL $ 6,986,523

To General and Civic Expenses:
Office Supplies, Postage, Equipment
Maintenance, and Communications $ 317,000

Taxes, Insurance, Social Security,
Unemployment Comp., Workers Comp.,
Pensions, Accumulated Sick Leave,
Heart and Lung Act, Trust Payments,
Defined Contribution Plan Match $ 9,058,469
Landfill Transfer $ 882,060
Refunds and Prior Year's Encumbrances $ 105,000

Unforeseen Contingencies,
Professional Services Expenses $ 150,000

Occupational Education Program $ 2,360

Memorial Day Decorations, Fourth of
July Celebration, Halloween Parade,
Music Fund $ 47,900

Tourism, Senior Citizens, PA League
of Cities Dues, Fine Arts
Commission $ 119,400

Sister City $ 4,000

Library $ 1,020,000
Bicycle Fund $ 800
Coalition for Alternative Transportation $ 4,500
Community Public Radio (WDIY) $ 2,700
Debt Service $ 2,741,223
TOTAL $ 14,455,412

shall be amended to read as follows:
SECTION 2. Appropriations in the sum of Forty-Six Million, Two Hundred Six Thousand ($46,206,000) Dollars are hereby made from the General Fund as follows:

To the Council:
Personal Services $ 152,374
Purchase of Services 54,505
Materials and Supplies 0
Equipment 0

TOTAL $ 206,879

To the Mayor:
Personal Services $ 144,781
Purchase of Services 4,985
Materials and Supplies 750
Equipment 0

TOTAL $ 150,516

To the Controller:
Personal Services $ 189,791
Purchase of Services 3,255
Materials and Supplies 0
Equipment 0

TOTAL $ 193,046

To the Treasurer:
Personal Services $ 1,000
Purchase of Services 0
Materials and Supplies 0
Equipment 0

TOTAL $ 1,000

To the Bureau of Law:
Personal Services $ 203,987
Purchase of Services 5,200
Materials and Supplies 0
Equipment 0

TOTAL $ 209,187

To the Department of Administration:
Personal Services $ 1,463,451
Purchase of Services 197,438
Materials and Supplies 89,550
Equipment 0

TOTAL $ 1,750,439
To the Department of Community and
Economic Development:
Personal Services $ 2,850,282
Purchase of Services 2,385,168
Materials and Supplies 72,961
Equipment 93,385

TOTAL $ 5,401,796

To the Department of Parks and
Public Property:
Personal Services $ 2,571,398
Purchase of Services 1,134,305
Materials and Supplies 130,800
Equipment 0

TOTAL $ 3,836,503

To the Department of Public Works:
Personal Services $ 2,230,302
Purchase of Services 1,495,670
Materials and Supplies 150,425
Equipment 0

TOTAL 3,876,397

To the Department of Police:
Personal Services $ 8,370,902
Purchase of Services 448,507
Materials and Supplies 367,925
Equipment 0

TOTAL $ 9,187,334

To the Department of Fire:
Personal Services $ 6,668,933
Purchase of Services 145,195
Materials and Supplies 172,395
Equipment 0

TOTAL $ 6,986,523

To General and Civic Expenses:
Office Supplies, Postage, Equipment
Maintenance, and Communications $ 317,000

Taxes, Insurance, Social Security,
Unemployment Comp., Workers Comp.,
Pensions, Accumulated Sick Leave,
Heart and Lung Act, Trust Payments,
Defined Contribution Plan Match $ 9,058,469

Landfill Transfer $ 882,060
Refunds and Prior Year's Encumbrances $ 87,982

Unforeseen Contingencies,
Professional Services Expenses $ 114,983

Occupational Education Program $ 2,360

Memorial Day Decorations, Fourth of
July Celebration, Halloween Parade,
Music Fund $ 47,900

Tourism, Senior Citizens, PA League
of Cities Dues, Fine Arts
Commission, US Conference of Mayors $ 122,403

Sister City $ 4,000
Library $ 1,020,000
Bicycle Fund $ 800
Coalition for Alternative Transportation $ 4,500
Community Public Radio (WDIY) $ 2,700
Debt Service $ 2,741,223
TOTAL $ 14,406,380

Voting AYE on the Amendment: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The Amendment passed.

Voting AYE on Bill No. 51 - 2003, as Amended: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill No. 51 – 2003, hereafter to be known as Ordinance 4223, was declared adopted.

B. Bill No. 52 – 2003 – Adopting the 2004 Water Fund Budget

The Clerk read Bill No. 52 – 2003 – Adopting the 2004 Water Fund Budget, on Final Reading.

Mr. Gregory and Mr. Donchez sponsored the following Amendment:

That Section 1 which reads as follows:

SECTION 1. Appropriations in the sum of Eighteen Million, One Hundred Forty-Four Thousand ($ 18,144,000) Dollars are hereby made from the Water Fund as follows:

To the Department of Water/Sewer Resources:
Water Fund:
Personal Services $ 3,340,967
Purchase of Services 14,462,598
Materials and Supplies 340,435
Equipment 0

TOTAL $18,144,000

shall be amended to read as follows:

SECTION 1. Appropriations in the sum of Eighteen Million, One Hundred Thirty-Two Thousand, Five Hundred ($18,132,500) Dollars are hereby made from the Water Fund as follows:

To the Department of Water/Sewer Resources:
Water Fund:
Personal Services $ 3,355,674
Purchase of Services 14,440,891
Materials and Supplies 335,935
Equipment 0

TOTAL $18,132,500

Voting AYE on the Amendment: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The Amendment passed.

Voting AYE on Bill No. 52 - 2003, as Amended: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill No. 52 – 2003, hereafter to be known as Ordinance 4224, was declared adopted.

C. Bill No. 53 – 2003 – Adopting the 2004 Sewer Fund Budget

The Clerk read Bill No. 53 – 2003 – Adopting the 2004 Sewer Fund Budget, on Final Reading.

Mr. Gregory and Mr. Donchez sponsored the following Amendment:

That Section 1 which reads as follows:

SECTION 1. Appropriations in the sum of Eight Million, Three Hundred Sixty-Seven Thousand ($8,367,000) Dollars are hereby made from the Sewer Fund as follows:

To the Department of Water/Sewer Resources:
Wastewater Treatment Plant,
Sewer Maintenance, and
General Sewer Expenses:
Personal Services $ 2,375,728
Purchase of Services 5,341,122
Materials and Supplies 512,650
Equipment 137,500

TOTAL $ 8,367,000

shall be amended to read as follows:

SECTION 1. Appropriations in the sum of Eight Million, Three Hundred Two Thousand ($8,302,000) Dollars are hereby made from the Sewer Fund as follows:

To the Department of Water/Sewer Resources:
Wastewater Treatment Plant,
Sewer Maintenance, and
General Sewer Expenses:
Personal Services $ 2,389,061
Purchase of Services 5,327,789
Materials and Supplies 447,650
Equipment 137,500

TOTAL $ 8,302,000

Voting AYE on the Amendment: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The Amendment passed.

Voting AYE on Bill No. 53 - 2003, as Amended: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill No. 53 – 2003, hereafter to be known as Ordinance 4225, was declared adopted.

D. Bill No. 54 – 2003 – Adopting the 2004 Golf Course Enterprise Fund Budget

The Clerk read Bill No. 54 – 2003 – Adopting the 2004 Golf Course Enterprise Fund Budget, on Final Reading.

Voting AYE on Bill No. 54 - 2003: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill No. 54 – 2003, hereafter to be known as Ordinance 4226, was declared adopted.

E. Bill No. 55 – 2003 – Adopting the 2004 Liquid Fuels Fund Budget

The Clerk read Bill No. 55 – 2003 – Adopting the 2004 Liquid Fuels Fund Budget, on Final Reading.

Voting AYE on Bill No. 55 - 2003: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill No. 55 – 2003, hereafter to be known as Ordinance 4227, was declared adopted.

F. Bill No. 56 – 2003 – Adopting the 2004 Capital Budget for Non-Utilities

The Clerk read Bill No. 56 – 2003 – Adopting the 2004 Capital Budget for Non-Utilities, on Final Reading.

Voting AYE on Bill No. 56 - 2003: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Ms. Szabo, and Mr. Schweder, 6. Voting NAY: Mr. Gregory, 1. Bill No. 56 – 2003, hereafter to be known as Ordinance 4228, was declared adopted.

G. Bill No. 57 – 2003 – Adopting the 2004 Capital Budget for Water Utilities

The Clerk read Bill No. 57 – 2003 – Adopting the 2004 Capital Budget for Water Utilities, on Final Reading.

Mr. Donchez and Mr. Gregory sponsored the following Amendment:

That the following in Section 2 which reads as follows:

SECTION 2. Appropriations in the sum of Three Million, Four Hundred Twenty-Five Thousand, Four Hundred Eleven ($3,425,411) Dollars are hereby made from the sources indicated in Section 3 hereof as follows:

Water Utility Improvements:

77003 Service Lines-New/Renewal $ 150,000 (2)

TOTAL $ 3,425,411

shall be amended to read as follows:

SECTION 2. Appropriations in the sum of Three Million, Four Hundred Ninety-Five Thousand, Four Hundred Eleven ($3,495,411) Dollars are hereby made from the sources indicated in Section 3 hereof as follows:

Water Utility Improvements:

77003 Service Lines-New/Renewal $ 220,000 (2)

TOTAL $ 3,495,411

That the following in Section 3 which reads as follows:

SECTION 3. The expenditures listed in Section 2 hereof shall be made from the following sources:

(2) Bond Redemption and Improvement Fund – $ 3,218,810
Bethlehem Authority
TOTAL $ 3,425,411

shall be amended to read as follows:

SECTION 3. The expenditures listed in Section 2 hereof shall be made from the following sources:

(2) Bond Redemption and Improvement Fund – $ 3,288,810
Bethlehem Authority
TOTAL $ 3,495,411

Voting AYE on the Amendment: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The Amendment passed.

Voting AYE on Bill No. 57 - 2003, as Amended: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill No. 57 – 2003, hereafter to be known as Ordinance 4229, was declared adopted.

H. Bill No. 58 – 2003 – Adopting the 2004 Capital Budget for Sewer Utilities

The Clerk read Bill No. 58 – 2003 – Adopting the 2004 Capital Budget for Sewer Utilities, on Final Reading.

Voting AYE on Bill No. 58 - 2003: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill No. 58 – 2003, hereafter to be known as Ordinance 4230, was declared adopted.

I. Bill No. 59 – 2003 – Adopting the 2004 Community Development Budget

The Clerk read Bill No. 59 – 2003 – Adopting the 2004 Community Development Budget, on Final Reading.

Voting AYE on Bill No. 59 - 2003: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill No. 59 – 2003, hereafter to be known as Ordinance 4231, was declared adopted.

J. Bill No. 60 – 2003 – Adopting the 2004 9-1-1 Fund Budget

The Clerk read Bill No. 60 – 2003 – Adopting the 2004 9-1-1 Fund Budget, on Final Reading.

Voting AYE on Bill No. 60 - 2003: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill No. 60 – 2003, hereafter to be known as Ordinance 4232, was declared adopted.

K. Bill No. 61 – 2003 – Fixing the 2004 Tax Rate for All City Purposes

The Clerk read Bill No. 61 – 2003 – Fixing the 2004 Tax Rate for All City Purposes, on Final Reading.

Voting AYE on Bill No. 61 - 2003: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Ms. Szabo, and Mr. Schweder, 6. Voting NAY: Mr. Gregory, 1. Bill No. 61 – 2003, hereafter to be known as Ordinance 4233, was declared adopted.

L. Bill No. 62 – Amending Article 927 – Sewer Rate Increase

The Clerk read Bill No. 62 – 2003 - Amending Article 927 – Sewer Rate Increase, on Final Reading.

Voting AYE on Bill No. 62 - 2003: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill No. 62 – 2003, hereafter to be known as Ordinance 4234, was declared adopted.

M. Bill No. 63 – Amending Article 933 – Recycling Fee Increase

The Clerk read Bill No. 63 – 2003 – Amending Article 933 – Recycling Fee Increase, on Final Reading.

Voting AYE on Bill No. 63 - 2003: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill No. 63 – 2003, hereafter to be known as Ordinance 4235, was declared adopted.

N. Bill No. 64 – Amending Article 1731 – Inspection Fee Increase

The Clerk read Bill No. 64 – 2003 – Amending Article 1731 – Inspection Fee Increase, on Final Reading.

Voting AYE on Bill No. 64 - 2003: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill No. 64 – 2003, hereafter to be known as Ordinance 4236, was declared adopted.

O. Bill No. 65 – Amending Article 913 – Monthly Water Charge

The Clerk read Bill No. 65 – 2003 – Amending Article 913 – Monthly Water Charge, on Final Reading.

Voting AYE on Bill No. 65 - 2003: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill No. 65 – 2003, hereafter to be known as Ordinance 4237, was declared adopted.

P. Bill No. 66 – Amending Article 1159 – Animals

The Clerk read Bill No. 66 – 2003 – Amending Article 1159 – Animals, on Final Reading.

Ms. Szabo and Mr. Gregory sponsored the following Amendment:

That Section 1159.06 Nuisances, Paragraph C, which reads as follows:

C. If any person is in possession or ownership of more than six (6) animals six (6) months of age or older on any premises, and either fails to obtain a permit for the same as required by this ordinance, or if an application for the permit is made, but the application for such permit is denied, then in either such event a public nuisance shall be deemed to exist on such premises and such person shall be deemed to be in violation of this ordinance. In such event, the City [may] order the possessor or owner to remove that number of animals exceeding six (6) to a location outside of the City of Bethlehem, at the owner’s sole expense, and the possessor or owner shall provide the City with written certification of compliance with said order.

shall be amended to read as follows:

C. If any person is in possession or ownership of more than six (6) animals six (6) months of age or older on any premises, and either fails to obtain a permit for the same as required by this ordinance, or if an application for the permit is made, but the application for such permit is denied, then in either such event a public nuisance shall be deemed to exist on such premises and such person shall be deemed to be in violation of this ordinance. In such event, the City shall order the possessor or owner to remove that number of animals exceeding six (6) to a location outside of the City of Bethlehem, at the owner’s sole expense, and the possessor or owner shall provide the City with written certification of compliance with said order.

Voting AYE on the Amendment: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The Amendment passed.

Voting AYE on Bill No. 66 - 2003, as Amended: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. Bill No. 66 – 2003, hereafter to be known as Ordinance 4238, was declared adopted.

Q. Bill No. 67 – Amending Article 1160 – Dangerous Animals

Motion - Referring Article 1160 - Dangerous Animals to Committee

Ms. Szabo, Chairwoman of the Community Development Committee, requested that Article 1160 be returned to the Community Development Committee. Ms. Szabo, pointing to copies of correspondence, highlighted the fact that today she received much information affecting the Bill. Consequently, Ms. Szabo asked that a decision on the Article be postponed tonight, and return to Committee with the additional information about the State dog law and how it would affect the City. Mr. Arcelay seconded the motion.

Ms. Szabo, noting that the State dog law has been in effect since 1982 and was amended in 1996, inquired why the City has not been using the State dog law, especially for the serious cases such as the one involving the small boy who was mauled by a dog.

Mayor Delgrosso expressed the belief that when the matter was researched initially it was not realized that the State dog law would supersede City legislation that was being drafted.

Ms. Szabo queried why the Police Department was not aware of the State law.

Francis Donchez, Police Commissioner, responded that two members of the Police Department share duties of dog law enforcement on a part-time basis with the Health Bureau.

Tony Hanna, Director of Community and Economic Development, observed it is a complicated issue. While acknowledging there was some cognizance of the State dog law, Mr. Hanna noted that, as Christopher Spadoni, City Council Solicitor, had advised, the State law should have been referenced. However, the focus was on drafting an Ordinance that would be specific to Bethlehem, and until recently there was no recognition that the State law would supersede what Bethlehem did. Mr. Hanna communicated that the Administration will redraft an Ordinance that will work with what already exists in the State law.

Ms. Szabo pointed out she is not trying to condemn anybody, but it has been on her mind.

President Schweder observed this would probably be the first order of business by the Committee after the reorganization.

Voting AYE on the motion to refer Bill 67 - 2003 back to the Community and Economic Development Committee: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

R. Bill No. 68 – Repealing Article 709 - Dogs

Motion - Tabling Bill No. 68 - 2003 - Repealing Article 709 - Dogs

Ms. Szabo moved to Table Bill No. 68 - 2003. Mr. Gregory seconded the motion.

Voting AYE on the motion to Table Bill 68 - 2003: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Approving Traffic Signal Installation – Catasauqua Road and Westgate Drive

Ms. Szabo and Mr. Arcelay sponsored Resolution 14,254 which approved installation of a traffic signal at the intersection of Catasauqua Road and Westgate Drive, in connection with the Lehigh Valley Hospital's Muhlenberg Campus expansion project, subject to the approval of the Pennsylvania Secretary of Transportation, and in accordance with the Pennsylvania Vehicle Code and the Regulations for traffic signs, signals, and markings of the Pennsylvania Department of Transportation.

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

B. Approving Fee Increase – Swimming Pools

Mrs. Belinski and Mr. Arcelay sponsored Resolution 14,255 which established the fees for Swimming Pools listed on Exhibit A, effective beginning January 1, 2004.

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

Motion - Considering Resolutions 11 C through 11 I as a Group

Mr. Donchez and Mr. Callahan moved to consider Resolutions 11 C through 11 I as a group. Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

C. Transfer of Funds – Mechanical Maintenance Bureau – Overtime

Mrs. Belinski and Mr. Arcelay sponsored Resolution 14,256 that transferred $1,000 in the General Fund Budget from the Building Maintenance – Overtime Account to the Mechanical Maintenance – Overtime Account to provide funding necessary for standby and emergency call-outs for the remaining two payrolls of 2003.

D. Transfer of Funds – Health Bureau – Equipment

Mrs. Belinski and Mr. Arcelay sponsored Resolution 14,257 that transferred $500 in the General Fund Budget from the Health Bureau – Temporary Help Account to the Health Bureau – Equipment Account for the purchase of two office chairs.

E. Transfer of Funds – Fire Department – Overtime and Roster Duty

Mrs. Belinski and Mr. Arcelay sponsored Resolution 14,258 that transferred $37,500 in the General Fund Budget from the Unforeseen Contingency Account to the following: $25,000 – Fire Department – Overtime and $12,500 – Fire Department – Roster Duty Accounts to provide additional funding in the accounts.

F. Transfer of Funds – Water Control – Overtime

Mrs. Belinski and Mr. Arcelay sponsored Resolution 14,259 that transferred $5,550 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 – Collection and Treatment – Overtime

Mrs. Belinski and Mr. Arcelay sponsored Resolution 14,260 that transferred $3,300 in the Water Fund Budget from the Water Filtration – Chemicals Account to the Collection and Treatment – Overtime Account to pay for overtime to the end of the year.

H. Transfer of Funds – Utility Billing – Overtime

Mrs. Belinski and Mr. Arcelay sponsored Resolution 14,261 that transferred $600 in the Water Fund Budget from the Water Filtration – Chemicals Account to the Utility Billing Division – Overtime Account to pay for overtime to the end of the year.

I. Transfer of Funds – Sewer Maintenance - Overtime

Mrs. Belinski and Mr. Donchez sponsored Resolution 14,262 that transferred $7,000 in the Sewer Fund Budget from the Sewer General Expenses – Capital Appropriation Account to the Sewer Maintenance – Overtime Account to pay for overtime through the end of the year.

Voting AYE on Resolutions 11C through 11 I: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, Ms. Szabo, and Mr. Schweder, 7. The Resolutions passed.

12. NEW BUSINESS

A. Rescheduling First Meeting in January – Reorganizational Meeting – January 5, 2004

Mr. Donchez and Mrs. Belinski moved to reschedule City Council's first Meeting in January to Monday, January 5, 2004 at 7:30 PM in Town Hall for the reorganization of City Council, in accordance with the Third Class City Optional Charter Law.

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

Dog Laws

Ms. Szabo thanked Lucy Lennon for all the information she provided concerning dog laws.

Inspecting Fraternity Houses - Lehigh University and Moravian College

Ms. Szabo asked the Community and Economic Development Department to investigate the feasibility of inspecting fraternity houses on the Lehigh University and Moravian College campuses. Ms. Szabo recalled that some time ago she had a discussion with a mother who had called her and said how terrible and unsafe some of the fraternity houses are. Ms. Szabo highlighted the fact that she also received a call from a student who said the place in which he was staying was a fire trap. While noting it would be extra work for the staff, Ms. Szabo pointed out at the same time it would bring in revenue.

Mr. Hanna, acknowledging this is not a new subject, advised that fraternity houses are inspected by the Fire Department. Focusing on fraternities at the Lehigh University campus, Mr. Hanna advised they have been going through a systematic upgrade of fire protection systems and upgrades for code compliance. Noting that the City has been receiving periodic reports, Mr. Hanna said he would be happy to share that information or to obtain a report from Lehigh University. Mr. Hanna continued on to say that the fraternities on the Moravian College campus are inspected by the Fire Department on at least an annual basis. Mr. Hanna added that the City conducts health inspections of each of the college's food service facilities. However, Mr. Hanna stated that the City has not done systematic code enforcement inspections in terms of housing inspections. Mr. Hanna observed that inspections of fraternities can be discussed. In further response to Ms. Szabo, Mr. Hanna indicated that a report could be supplied probably by the second City Council Meeting in January 2004.

13. COURTESY OF THE FLOOR

Thanking City Officials

Dean Bruch, 625 Hawthorne Road, extended holiday greetings, and thanked the Members of Council for their time during the year. Mr. Bruch also thanked Mayor Delgrosso for serving as Mayor, and congratulated Mr. Callahan in his new endeavor as Mayor.

Post Office - East Broad and Wood Streets - Traffic

Mr. Bruch, suggesting that Members of Council travel by car or walk in the vicinity of the Post Office located at East Broad and Wood Streets once a day, stressed "this is dangerous". Noting that he lives nearby, Mr. Bruch explained the difficult traffic situation at the area of the Post Office. Mr. Bruch stressed that the area needs to be looked at.

Watershed

Mr. Bruch, advising that he took a tour of the City Watershed, expressed his agreement with sharing the City's water. However, Mr. Bruch inquired whether the City can obtain money from the Bethlehem Authority. Mayor Delgrosso affirmed that the City does receive money from the Bethlehem Authority. Further stating "you have a good man there looking over the woods and the water", Mr. Bruch remarked it is an enormous task.

Illegal Timbering

Stephen Antalics, 737 Ridge Street, expressing that he was fascinated by the issue of lumber at the watershed, said he wanted to get an overview of what happened starting with the decision to conduct timbering operations in order to pay debt. Informing the assembly that he researched the issue of lumbering on a national level, Mr. Antalics stated it is estimated that illegal timbering costs American taxpayers between $.1 and $.2 billion dollars a year. Mr. Antalics related that one of the studies indicated this is a major problem throughout the country, especially in the Pacific Northwest and New York State. Mr. Antalics, continuing on to say that New York reported thefts of up to $200,000 to $300,000 per haul over a number of years, noted they put into place many controls to alleviate the problem. Turning to a list published by the USDA, Mr. Antalics pointed out that the number one most wanted tree is black cherry. Mr. Antalics asserted it is not a question of whether the City is losing lumber or cherry trees but a question of how much. Mr. Antalics expressed he is disturbed that it was only in October 2003 that the City finally found something it could litigate against for stolen lumber. Mr. Antalics added that the USDA published a pamphlet on forest law enforcement. Mr. Antalics expressed his overall impression is that between City Council, the Administration, and the Bethlehem Authority it has come to almost an adversarial relationship. Mr. Antalics commended Mrs. Belinski "for taking a pit bull approach to this problem". Mr. Antalics, noting that he never saw a comprehensive plan for maintenance and supervision of possible timber loss, further expressed his opinion that it seems no one really got a handle on the problem at the Watershed. Mr. Antalics felt that the Bethlehem Authority has outlived its usefulness to the City in terms of the Watershed. Mr. Antalics thought that the water, lumber, and internal public works of the City should be put under the blanket of public works and a director under which would be three superintendents for water, forestry, and internal City maintenance. Mr. Antalics, observing this would save money in areas such as salaries and studies, said with the money saved there could be a ranger at four corners of the forest policing daily and who could tell immediately if something is happening within the Watershed. Mr. Antalics said he suggests to the new Mayor and Council to give this serious thought.

14. ADJOURNMENT
The meeting was adjourned at 8:27 p.m.
ATTEST:

City Clerk