Council Minutes
February 3, 2004 Meeting Minutes
BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, February 3, 2004 – 7:30 PM – Town Hall
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
President J. Michael Schweder called the meeting to order.
Reverend Stephen A. Roser of Central Assembly of God offered
the invocation which was followed by the pledge to the flag.
Present were Ismael Arcelay, Jean Belinski, Robert J. Donchez,
Joseph F. Leeson, Jr., Gordon B. Mowrer, Magdalena F. Szabo,
and J. Michael Schweder, 7.
4. APPROVAL OF MINUTES
The minutes of January 20, 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
Dangerous Animals
Mr. Arcelay inquired about the status of a proposal addressing
dangerous animals.
John Spirk, City Solicitor, responding he has reviewed the
file, noted it seems clear that State law does supersede any
local ordinance as to dangerous dogs. Attorney Spirk continued
on to say that anything the City would do would be in no force
and effect in light of the State law. Turning to the issue
of dogs running loose or stray dogs, Attorney Spirk pointed
out that the State law speaks to that issue, too, but does
not specifically prohibit any action on the part of the local
municipality. However, Attorney Spirk advised it is an area
that requires some further review. Attorney Spirk continued
on to say there are other State laws that speak to dangerous
or exotic animals but do not preclude any local action. Attorney
Spirk, emphasizing that his office is endeavoring to review
the matter and bring it to closure, highlighted the fact that
he is not yet at the point to present a draft for Council’s
consideration.
Mr. Arcelay, affirming he is aware that the State law does
supersede City Ordinance, explained he is referring specifically
to the unfortunate incident that occurred last year concerning
a vicious dog and a young boy and queried what is the City
going to do proactively.
Attorney Spirk responded what needs to be done legally as
to dangerous dogs is enforce the State dangerous dogs law.
Attorney Spirk continued on to say “no action by your
body is required to enforce the existing State law as to dangerous
dogs.”
Mr. Arcelay observed there appears to be no recourse to the
City when there is a complaint about a dog running loose.
Tony Hanna, Director of Community Development, stated he
discussed the matter with the City Solicitor and the Police
Commissioner. Acknowledging that Police Officers can enforce
the State law, Mr. Hanna said “what we are going to
try to do is to coordinate an enforcement effort between Police
Officers and also our Health Bureau staff, and we have a number
of part-time animal control officers. We’re going to
try to look at ways to beef that up a little bit, and delineate
and define responsibilities.” Mr. Hanna further communicated
that, between the new Health Bureau Director and Police Officers,
there will be a cohesive enforcement group who will deal with
issues and hopefully become more proactive. Mr. Hanna added
that the City “can get proactive with the laws that
are in place right now.” Mr. Hanna also noted that the
Department may need to come back to Council and possibly make
a recommendation for a full-time animal control officer within
the Health Bureau as is done in Allentown.
Mayor Callahan, affirming there were discussions about the
issue at today’s staff meeting, said he is in complete
agreement in terms of the desire to get the mechanism in place
for enforcement. Mayor Callahan, observing that the City has
to work within the confines of the State law, commented then
the City has to determine the best way to enforce the State
law regarding vicious dogs; e.g., through the Police Department
or Health Bureau or both, as well as any training that may
be required, and whether a full-time animal officer would
need to be considered. Mayor Callahan, stressing he certainly
does not want the same situation as last year to occur again
between a vicious dog and a young boy, asserted that the City
“needs to come down hard in terms of enforcement on
the owners of these animals.” Mayor Callahan, restating
that the Administration is working towards that, commented
once the legal side is worked out then the enforcement side
will be worked out.
President Schweder, observing that the modified State law
has been on the books since 1996, asked why it has taken until
2004 for the decision that there had to be a policy. Highlighting
the fact that City Council in good faith addressed City legislation
proposed last year in the belief it needed to be done, President
Schweder said he is curious why it has taken eight years when
the City had the enforcement ability to do it.
Mr. Hanna responded that he thinks everybody was acting
in good faith in drafting an Ordinance and the issue was proceeding
under the thought that the City had to draft its own Ordinance,
not recognizing there was already something that would supersede
a local Ordinance. While apologizing for the time it took,
Mr. Hanna communicated what has to be done is to proceed to
come up with a plan to enforce the laws on the books.
Dana Grubb, Deputy Director of Community Development, explained
that the staff working on the proposed Ordinance amendment
that was submitted to Council operated under the presumption
that the City needed to create the law. After First Reading
of the Ordinance, one of the environmental health staff members
had a conversation with someone in the public health field
and discovered that this had been tried in another community
and it was found that the State law did supersede local Ordinances.
Mr. Grubb recalled that is when the Administration and Council
were made aware of that fact. Mr. Grubb commented, prior to
that, he cannot answer the question of why the City was not
doing enforcement under the State law. Mr. Grubb acknowledged
at that point in time he was not aware the State law was in
effect. Continuing on to say it is important to sort everything
out and determine what can be done locally, Mr. Grubb said
if the City cannot do anything locally in terms of legislation
then the most important step to take is to understand the
State law so when such a problem occurs the City can provide
guidance on what steps to take. In addition, Mr. Grubb said
the other thing that would need to be done is a good public
educational effort so everyone understands that State law
rules in this case, and what steps need to be taken when there
is a situation involving a vicious dog.
Ms. Szabo, advising that dangerous dogs is one of the issues
she will be talking about when she meets with Mr. Hanna next
week, stated as soon as possible the matter will be passed
on to Council for immediate action.
Mrs. Belinski, with reference to a memorandum from Mr. Grubb,
noted it states that Third Class Cities do have the option
of adopting their own dog law, but only if a City adopts its
own licensing and enforcement ordinance.
Attorney Spirk pointed out that does not seem to apply to
dangerous dogs.
Water Loss
Mr. Donchez asked whether there is a time frame for bringing
a final report to City Council on the water loss issue as
far as the results of the study and status of the issue.
Mayor Callahan, noting he has met with the Chairman of the
Bethlehem Authority and talked about the water loss issue,
advised that a final test to look at the Venturi meters is
in process of completion to determine if they are a source
of inaccurate readings and what impact that has on actual
water loss. Certain smaller meters used to conduct the test
are being ordered, and, after the test is completed which
would take about six weeks, a final report could be given
in terms of a recommendation for the water loss situation
and what the City is losing; e.g., is it a matter of the meters
not reading correctly, is the water really being lost, or
is the water unaccounted for.
7. COMMUNICATIONS
A. Liquor License Transfer Request – From Lehigh Township
To 1214 Stefko Boulevard
The Clerk read a letter dated January 29, 2004 from Attorney
Gene F. Roscioli, as follows: “In January 2003, an application
was filed by JGD, Inc. for the transfer of restaurant liquor
license number R-7018 from Lehigh Township, Northampton County,
Pennsylvania to 1214 Stefko Boulevard, Bethlehem, Northampton
County, Pennsylvania. The application is unchanged.”
Scheduling Public Hearing
Mr. Donchez and Mrs. Belinski moved to schedule a Public
Hearing on Tuesday, February 17, 2004 at 7:30 PM in Town Hall.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion
passed.
B. Director of Parks and Public Property – Property
Exchange with Donald Ronca – Saucon Park Vicinity
The Clerk read a memorandum dated January 29, 2004 from
Charles A. Brown, Director of Parks and Public Property, containing
a request for exchange of property of Donald Ronca at the
corner of Arden and Henry Streets, appraised at $7,000, in
exchange for City property at the corner of Arden and Ravena
Streets, appraised at $58,500. The property exchange would
result in expanding existing Saucon Park property as well
as allowing the developer to expand. The Agreement of Sale
for real estate was prepared with a $50,000 cash settlement
to the City. The proposal is for an alternative procedure
for sale in lieu of public bid. The benefit to the City is
expansion of the Saucon Park area, generation of additional
revenue for the City, and addition of property to the tax
rolls.
President Schweder referred the proposal to the Parks and
Public Property Committee.
8 . REPORTS
A. President of Council
1. Councilmanic Appointment – Robert J. Donchez –
Library Board
Mr. Leeson and Mr. Arcelay sponsored Resolution 14,284 which
appointed Robert J. Donchez to membership on the Library Board
effective until January 2007.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
Considering Resolutions As A Group
Mrs. Belinski and Mr. Arcelay moved to consider Resolutions
8B2 through 8B7 as a group.
In response to Mr. Leeson’s query about abstaining
from voting on Resolution 8B5, Attorney Spadoni pointed out
that a Member of Council may abstain from voting if the Member
has a conflict of interest. While recognizing that Loretta
Leeson is Mr. Leeson’s wife, Attorney Spadoni observed
there is no financial interest or personal gain, so he would
ask Mr. Leeson to vote on the Resolution.
Mr. Leeson, affirming that he would vote on the Resolution,
highlighted the fact that Mrs. Leeson’s service on the
Recreation Commission is by virtue of her membership on the
Bethlehem Area School Board, and the position on the Recreation
Commission is unpaid, with no salary or benefits.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion
passed.
2. Councilmanic Appointment – Janet E. Greenleaf –
Library Board
Mr. Leeson and Mr. Donchez sponsored Resolution 14,285 which
reappointed Janet E. Greenleaf to membership on the Library
Board effective until January 2007.
3. Councilmanic Appointment – Shaku Jain-Cocks –
Library Board
Mr. Leeson and Mr. Donchez sponsored Resolution 14,286 which
appointed Shaku Jain-Cocks to membership on the Library Board
effective until January 2007.
4. Councilmanic Appointment – Peter J. Howard –
Recreation Commission
Mr. Leeson and Mr. Donchez sponsored Resolution 14,287 which
reappointed Peter J. Howard to membership on the Recreation
Commission effective until January 2009.
5. Councilmanic Appointment – Loretta M. Leeson –
Recreation Commission
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,288
which reappointed Loretta M. Leeson to membership on the Recreation
Commission effective until January 2009.
6. Councilmanic Appointment – Robin Metzler –
Recreation Commission
Mr. Leeson and Mr. Arcelay sponsored Resolution 14,289 which
appointed Robin Metzler to membership on the Recreation Commission
effective until January 2009.
7. Councilmanic Appointment – Francis J. Pecuch, Jr.
– Recreation Commission
Mr. Leeson and Mr. Donchez sponsored Resolution 14,290 which
reappointed Francis J. Pecuch, Jr. to membership on the Recreation
Commission effective until January 2009.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolutions
passed.
8. Committee Assignments – 2004-2005
President Schweder, affirming that the Committee Assignments
for the years 2004 and 2005 have been distributed, asked that
they be entered into the record, as follows:
Community Development Parks and Public
Committee Property Committee
Magdalena F. Szabo, Chairwoman Jean Belinski, Chairwoman
Jean Belinski Robert J. Donchez
Joseph F. Leeson Joseph F. Leeson
Finance Committee Public Safety Committee
Robert J. Donchez, Chairman Joseph F. Leeson, Chairman
Jean Belinski Ismael Arcelay
Gordon B. Mowrer Robert J. Donchez
Human Resources and
Environment Committee Public Works Committee
Ismael Arcelay, Chairman Gordon B. Mowrer, Chairman
Gordon B. Mowrer Ismael Arcelay
Magdalena F. Szabo Magdalena F. Szabo
9. Executive Session Announcement
President Schweder announced that City Council will meet
in Executive Session this evening in the Mayor’s Conference
Room upon the adjournment of the City Council Meeting for
the City Solicitor to report to City Council concerning litigation
and issues on which identifiable complaints are expected to
be filed.
B. Mayor
1. Administrative Order – Anthony V. Matejicka, II
– Medical Director
Mayor John B. Callahan appointed Anthony V. Matejicka, II,
as Medical Director effective as of February 3, 2004. Mr.
Leeson and Mr. Donchez sponsored Resolution 14,291 to confirm
the appointment.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
9. ORDINANCES FOR FINAL PASSAGE
None.
10. NEW ORDINANCES
None.
11. RESOLUTIONS
A. Authorizing Execution of Polling Place Agreement –
Lehigh County – DAR House
Mr. Leeson and Mr. Donchez sponsored Resolution 14,292 which
authorized the Mayor and the Controller to execute a Polling
Place Agreement between the County of Lehigh and the City
for use of the D.A.R. House – Rose Garden, Eighth Avenue,
as a polling place for the years 2004-2005-2006-2007, in accordance
with the Agreement.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
12. NEW BUSINESS
Sympathy Card
Ms. Szabo asked for the concurrence of Council to send a
letter of sympathy to the family of former State Representative
William Rybak who died.
U.S. Conference of Mayors
Ms. Szabo asked Mayor Callahan for a brief summary of his
recent attendance at the U.S. Conference of Mayors, and the
feeling of the Mayors about economic development and other
major issues and concerns.
Mayor Callahan, thanking Council for the funding of the
U.S. Conference of Mayors that is available to cities with
populations of 30,000 and above, pointed out it is a resource
for the Administration. Mayor Callahan observed there is not
a single issue that Bethlehem is dealing with now, whether
Brownfields, crime, neighborhood issues, or city design, that
is not also faced by every other city. Mayor Callahan pointed
out that he had the opportunity to share best practices with
other cities and Mayors, and obtained information about customer
service delivery. Mayor Callahan stressed “we’re
all struggling with the same issues”. Mayor Callahan
further stated he is interested in plans that already work
and have been successful in other cities. As a result of his
attendance at the U.S. Conference of Mayors, Mayor Callahan
informed the Members that, at no expense to the taxpayers,
he will be taking part in the Mayor’s Institute on City
Design next week in Charleston, South Carolina for three days.
Mayor Callahan explained that, along with representatives
from seven other cities, he will have the opportunity to make
a presentation, that will be on the Bethlehem Works project,
and receive feedback from nationally renowned experts.
13. COURTESY OF THE FLOOR
First House in Bethlehem
Stephen Antalics, 737 Ridge Street, related accounts about
the first house in Bethlehem built February 4, 1741 and overlooking
the Monocacy Creek bed where the Radisson Hotel Bethlehem
parking garage is now located. The Daughters of the American
Revolution had a reproduction of the house made and it is
located in the Rose Garden on Eighth Avenue. However, Mr.
Antalics continued on to point out that another house built
along the Lehigh River was swept away by a flood, and the
owner built a new house at a safer distance from the stream.
The Moravians found shelter there while building Whitfield
school and their first house in Bethlehem the next year. Querying
what is the first house in Bethlehem, Mr. Antalics said, historically,
Mr. Yaslestein gets rewarded since he was here at least 1737
or earlier. Pointing out that the Yaslestein house was built
on the South Side while the Moravian’s house was built
on the North Side, Mr. Antalics quipped that may be the reason
why his house is not recognized as the first house in Bethlehem.
Patriot Act
Peter Crownfield, 569 Brighton Street, said he is at the
meeting also as a member of the Bill of Rights Defense Committee
of the Lehigh Valley. Mr. Crownfield highlighted the fact
that on January 23, 2004 Muhlenberg College faculty passed
a resolution, without dissent, expressing concern over the
impact of the Patriot Act and related actions including the
Homeland Security Act and various other executive orders.
It urged local government and area colleges to work together
to protect the Bill of Rights, civil liberties, and academic
freedom. Referring to an article in today’s Morning
Call newspaper, Mr. Crownfield said it liberally quoted a
representative from the Department of Justice and omitted
information provided to the newspaper specifically relating
every paragraph of the Muhlenberg College resolution. Mr.
Crownfield expressed his opinion that it was a “blatant
attempt to frighten people, to manipulate public opinion,
and to stifle dissent.” Mr. Crownfield expressed the
hope that in the near future Bethlehem will consider passing
a resolution similarly to protect civil liberties as has been
done in other cities.
Alex Grosscurth, 39 University Drive, noted he is a student
at Lehigh University and is at the meeting representing the
Bill of Rights Defense Committee of the Lehigh Valley along
with Mr. Crownfield, and also the students of Lehigh University.
Mr. Grosscurth stated he is a member of the progressive student
alliance focused on fighting the apathy of the student body,
and generating civic activity and political action. Mr. Grosscurth
communicated that the Patriot Act redefines terrorism so broadly
that members of activist groups can now also be considered
domestic terrorists. Furthermore, Mr. Grosscurth said the
Patriot Act allows the federal government to pursue secret
surveillance including monitoring e-mails, Internet activity,
and library records. Mr. Grosscurth remarked that personally
he finds it very troubling that he could go to the public
library, check out a book, and could be sent to a federal
list that marks him as a threat to security. Mr. Grosscurth,
pointing out that civic activism and dissent of government
policies, free speech, and the ability to obtain free information
without surveillance are staples of the country’s democracy,
said “we feel that these are now being threatened by
this Patriot Act. Therefore, I would also like to request
that the Bethlehem City Council join the list of over 235
cities that have already passed a resolution against the Patriot
Act.”
Jose Pitti, noting he is a student at Lehigh University,
said the Patriot Act threatens the First Amendment, the Fourth
Amendment, the Fifth Amendment, the Sixth Amendment, the Eighth
Amendment, and the Fourteenth Amendment of the Bill of Rights.
Mr. Pitti added that he would feel a lot safer if the City
Council of the City in which he lives passed a resolution
protecting his rights, and protecting him from undue searches
and seizures of his property. Mr. Pitti asked that Bethlehem,
like over 235 other cities across the United States, consider
a resolution against the Patriot Act.
President Schweder advised that Mr. Crownfield has met with
him, and with Members of City Council. President Schweder,
continuing on to say there have been discussions about how
to move forward concerning the issue, expressed there would
be some resolution probably within the next week or so and
he will confer with Christopher Spadoni, City Council Solicitor.
Noting he has raised with Mr. Crownfield some of the concerns
as far as formalizing the matter, President Schweder commented
that many Members share many of the concerns and a decision
will be made shortly.
Water Loss
William Scheirer, 1890 Eaton Avenue, referring to the water
loss issue, provided an update on his efforts to do a statistical
analysis of the data that was supplied from other systems
in the Lehigh Valley to the Lehigh Valley Planning Commission.
Mr. Scheirer noted he requested any additional reports for
2002 because the preliminary number he gave Council was based
on half of the reporting for 2002 and half of the reporting
for earlier years. Mr. Scheirer, advising he is going to go
back to the beginning and eliminate the double counting that
exists when one system sells water to another, said this tends
to increase the total amount of water, which tends to drive
down the percentage of water that is unaccounted for. Mr.
Scheirer continued on to say the estimate of 22-1/2% that
he gave City Council some months ago is actually on the low
side. When he eliminates the double counting, Mr. Scheirer
guessed it is not going to go up to the 28-1/2% that Bethlehem
reported for 2002 but it will get closer to it. Mr. Scheirer
asserted this is only as good as the data that is reported
to the Lehigh Valley Planning Commission.
14. ADJOURNMENT
The meeting was adjourned at 8:20 p.m.
ATTEST:
City Clerk
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