Council Minutes

January 20, 2004 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, January 20, 2004 – 7:30 PM – Town Hall

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

Acting President Robert J. Donchez called the meeting to order. Father Nicholas Knisely of Trinity Episcopal Church offered the invocation which was followed by the pledge to the flag. Present were Ismael Arcelay, Jean Belinski, Joseph F. Leeson, Jr., Gordon B. Mowrer, and Robert J. Donchez, 5. J. Michael Schweder and Magdalena F. Szabo were absent, 2.

Acting President Donchez welcomed Joseph F. Leeson as the newest member of Council.

Citations – Honoring David P. Beahm, Angel L. Garcia, and Timothy R. Silfies

Acting President Donchez presented a Citation to Angel L. Garcia on the occasion of his retirement from the Police Department after 25 years of service to the City.

Acting President Donchez stated that Citations for David P. Beahm who retired from the Police Department after 25 years of service, and for Timothy R. Silfies who retired from the Fire Department after 25 years of service, will be forwarded to them since they were unable to be present this evening.

4. APPROVAL OF MINUTES

The minutes of January 5, 2004 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. City Solicitor – Lease Agreement with Bethlehem Housing Authority – Johnston Park

The Acting Clerk read a memorandum dated December 30, 2003 from Joseph F. Leeson, Jr., City Solicitor, to which was attached a proposed Lease Agreement between the City and the Bethlehem Housing Authority for lease of a portion of Johnston Park outlined on Exhibit A of the Lease, and in accordance with the terms and conditions of the Lease.

Acting President Donchez referred the matter to the Parks and Public Property Committee.

B. Director of Human Resources – Police Civil Service Rules and Regulations – Revisions

The Acting Clerk read a memorandum dated January 6, 2004 from Jean Zweifel, Director of Human Resources, to which was attached revisions to the Police Civil Service Rules and Regulations.

Acting President Donchez referred the matter to the Public Safety Committee.

C. Director of Parks and Public Property – Polling Place Agreement for DAR House

The Acting Clerk read a memorandum dated January 6, 2004 from Charles A. Brown, Director of Parks and Public Property, to which was attached a Polling Place Agreement for the County of Lehigh to utilize the DAR House as a polling place for the years 2004 through 2008, according to the terms and conditions of the Agreement.

Acting President Donchez referred the matter to the Parks and Public Property Committee.

D. Police Commissioner – Reimbursement for Training

The Acting Clerk read a memorandum dated January 16, 2004 from Francis R. Donchez, Jr., Police Commissioner, requesting consideration of a resolution necessary to receive reimbursement from the State for 60% of the salaries of Officers Tracy Szoke, Nathan Yadlosky, Arthur Castronovo, Benjamin Hackett, Samuel Elias, and Michelle Kott, for the 20 weeks they will be attending the Allentown Police Academy.

Acting President Donchez stated that authorizing Resolution 11 C is listed on the agenda.

Acting President Donchez advised that he approved the addition of Communication 7E:

E. Director of Public Works – Reimbursement Agreement – PennDOT – Fourth Street
Reconstruction Project

The Acting Clerk read a memorandum dated January 20, 2004 from Michael Alkhal, Director of Public Works, to which was attached a resolution authorizing the Mayor and the Controller to execute a proposed Agreement between the City and the Pennsylvania Department of Transportation for the City to pay for the costs to upgrade/replace City water and sewer facilities as part of the upcoming Fourth Street Reconstruction Project to be performed by PennDOT, according to the terms and conditions of the Agreement.

Mrs. Belinski asked Mr. Alkhal about the bumpy condition of Fourth Street and whether the subcontractor of the gas company will be back to repair it. Mr. Alkhal stated that they are limited in what they can do right now but notification was given that the temporary repairs are not satisfactory.

Acting President Donchez stated that authorizing Resolution 11 D is listed on the agenda.

8 . REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Judith K. Maloney – Health Director

Mayor John B. Callahan appointed Judith K. Maloney as Health Director effective as of January 20, 2004. Mr. Mowrer and Mr. Arcelay sponsored Resolution 14,279 to confirm the appointment.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. The Resolution passed.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Approving Salary – Health Director

Mr. Mowrer and Mr. Arcelay sponsored Resolution 14,280 which approved the 2004 annual salary of $63,888, as fixed by the Board of Health for the Health Bureau Director, Judith K. Maloney, chosen by the Board of Health, and the salary prorated from January 20 through December 31, 2004.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. The Resolution passed.

B. Certificate of Appropriateness – 241 East Wall Street

Mr. Mowrer and Mr. Arcelay sponsored Resolution 14,281 which granted a Certificate of Appropriateness to replace existing fencing at 241 East Wall Street.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. The Resolution passed.

C. Obtaining Reimbursement – Police Training

Mr. Mowrer and Mr. Arcelay sponsored Resolution 14,282 which authorized the City to obtain reimbursement of monies for expenses incurred for Officers Tracy Szoke, Nathan Yadlosky, Arthur Castronovo, Benjamin Hackett, Samuel Elias, and Michelle Kott, pursuant to the training provisions of the Municipal Police Officers’ Education and Training Act, and agreed that while receiving funds from the Commonwealth pursuant to said Act, the City shall adhere to the rules established by the Commission.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. The Resolution passed.

D. Authorizing Execution of Agreement – PennDOT – Fourth Street Reconstruction

Mr. Mowrer and Mr. Arcelay sponsored Resolution 14,283 which authorized the Mayor and the Controller to execute Agreement No. 055103 between the Pennsylvania Department of Transportation (PennDOT) and the City for the reimbursement of costs by the City to PennDot for water and sewer upgrades/replacement planned as part of the reconstruction of Fourth Street between Wyandotte Street and William Street in the City of Bethlehem in accordance with the Agreement.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. The Resolution passed.

12. NEW BUSINESS

Save Our Steel Meeting

Michael Kramer, 1288 Roundhouse Road, Quakertown, representing the Save Our Steel citizens group interested in the sensitive reuse of the Bethlehem Steel site, invited everyone to the meeting being held Thursday, January 29, 2004 at 7:00 PM at the Comfort Suites. Mr. Kramer stated that there would be a number of impressive speakers present who will be focusing on the economics of historic preservation and examples of what is being done around the country.

Watershed Investigation

Stephen Antalics, 737 Ridge Street, stated he has been reviewing the entire watershed problem and following up on comments made at earlier meetings. Mr. Antalics asked if the City has heard anything from anyone who was contacted to make an investigation as to any prosecutions that should come forth other than the one recently by the forestry ranger who uncovered minor theft. He asked if there have been any results from the two requests for investigations.

Mrs. Belinski said the investigation is proceeding and said she thinks we will get to the bottom of who chopped down our trees. Mr. Antalics said he was talking about the 1/10th of the 23,000 acres and asked who is making that investigation. Mrs. Belinski said she is working with the Tunkhannock Township officials. She stated there are newly elected people who are very interested in getting this investigation going, that it has taken awhile, but thinks we will make some progress now.

Acting President Donchez turned to the Administration. Francis Donchez, Police Commissioner, said that he believed Mr. Leeson stated several weeks ago that this matter is in the hands of the District Attorney in that area and we have not heard anything on our end.

Mr. Antalics said the reason he is bringing this up is because it was in July and November 2002, and now it is January 2004, and is wondering what could have happened to this high degree of acreage. He said it was mentioned that one tree could bring $1,000. He feels that three things, logically, could have happened: (1) it was forested with approval but poor records never accounted for monies into the city coffers, (2) it was forested with knowledge of either the Authority or people in the administration and monies were turned over to private individuals, (3) they were flat out stolen because of lack of supervision in the wooded area. The previous Mayor said that of the 23,000 acres, 10 percent had been forested and could have gone back any number of years and could have amounted to anywhere from $1 to 3 million. Mr. Antalics said he would think that something of that magnitude the City should have taken to the State for a Grand Jury investigation. He said he thinks this is a major theft and it has been two years and we haven’t heard anything. Mr. Antalics strongly suggested that the City contact the County District Attorney to contact the Attorney General of the State of Pennsylvania and formally announce a Grand Jury investigation. He said he doesn’t think the City should sit back and wait two years until someone gets around to it. Mr. Antalics said he feels the District Attorney in Tunkhannock has no real reason to press the issue, he has other work, and he has his own job in his own County. Mr. Antalics said the magnitude of the thefts, the period of time, the unaccountability of the lumber, and the dollars involved demand a Grand Jury investigation.

Mr. Leeson said that he doesn’t recall the date, but approximately a year ago, the Administration had asked the District Attorneys of Carbon and Monroe Counties to conduct investigations. As recently as November or December, the then Mayor followed up and wrote a letter to the District Attorneys asking for a status report. Mr. Leeson said to his knowledge that inquiry has not been responded to, at least by the District Attorneys. He said historically the City operated on the basis that the District Attorneys are charged by statute with investigation of all crimes occurring within their jurisdictions. He said that is their statutory responsibility, it is not a question of serving the City of Bethlehem or serving some other property that may not reside there, but owns property there. They owe equal responsibility to everyone who owns property there, including the City of Bethlehem. So it is their responsibility to investigate and they have the tools of the State Police and the local regional police to accomplish that. We have never heard that they lack the tools to conduct those investigations. Mr. Leeson said sometimes when the local prosecutors feel that they lack adequate tools, a Grand Jury is indicated. A grand jury is not always appropriate, however, and it is within the discretion of the local District Attorney to decide whether he needs that as an investigating tool or whether he does not need it. He said it really is within their hands to make that call. So, exactly what the status is from their perspective as of January 5, 2004, Mr. Leeson said he has not heard anything recently and it sounds like the Administration has not heard anything either.

Mr. Antalics said he is concerned with the magnitude, $1 to 3 million. He said if he were a stockholder, Council the Board of Directors, and the Mayor the CEO, he thinks in a corporate structure this would have been demanded a long time ago. He said there are forebodings here, rumors have been flying back and forth, and allegations made. Mr. Antalics said he feels that the power of a Grand Jury would look into this and make a definitive determination if this should go forward. He said he thinks it is in the City’s best interest to push the issue because there is a lot of money involved that the City might recoup.

14. ADJOURNMENT
The meeting was adjourned at 7:55 p.m.
ATTEST:
Acting City Clerk