Council Minutes
May 4, 2004 Meeting Minutes
BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, May 4, 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 Gordon Mowrer 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.
Historic Preservation Awards
Chris Ussler, Historic Officer, informed the assembly that
this week is Historic Preservation Week. She recounted that
Bethlehem had the first Historic District in Pennsylvania
that was created in 1961. In 1986, four more National Register
Historic Districts were added. In 2000, a Historic District
was initiated on the South Side. This year, the City commenced
the listing of the South Bethlehem Historic District on the
National Register. Ms. Ussler highlighted the fact that historic
tax credits are available for restoring commercial properties
in commercial districts. In considering the awards, Ms. Ussler
explained that more recent projects are being reviewed at
this point and will be followed in the future by older projects.
Beth Starbuck, Chair of the South Bethlehem Historic Conservation
Commission, presented a Historic Preservation award for Union
Station. She explained the history of the site that was formerly
used for passenger trains and is now used by St. Luke’s
Hospital.
Frederick Bonsall, Chair of the Historic and Architectural
Review Board of the North Side, presented a Historic Preservation
award for Radisson Hotel Bethlehem, and Morning Star Inn.
4. APPROVAL OF MINUTES
The minutes of April 20, 2004 were approved.
Welcoming Back Charles Brown, Director of Parks and Public
Property
President Schweder welcomed back Charles Brown, Director
of Parks and Public Property, who returned to work after a
recent illness. Mr. Brown thanked everyone for their thoughts
and prayers.
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. Mayor Callahan – Return of Vetoed Ordinance No.
4248
The Clerk read from the statement, Return of Vetoed Ordinance,
dated April 26, 2004 from Mayor John B. Callahan to which
was attached Ordinance No. 4248, passed by City Council on
April 20, 2004, advising that he disapproves and vetoes the
Ordinance, and returned the vetoed Ordinance to City Council.
The full text of the Veto statement is as follows:
“Whereas, on April 20, 2004, the Bethlehem City Council
adopted Ordinance No. 4248, attached hereto; and Whereas,
on April 21, 2004, the City Clerk submitted the aforesaid
Ordinance to the Mayor. Now, therefore, pursuant to the power
vested in the Mayor by Section 41413 of the Optional City
Charter Law, 53 P.S. § 41413, to veto ordinances he disapproves
of, the Mayor hereby disapproves and vetoes the aforesaid
Ordinance, and returns said vetoed Ordinance to the City Council.
Among other objections to the vetoed Ordinance, the Mayor
believes that it inflicts unnecessary pain on the taxpayers,
and puts unnecessary pressure on the already-tight 2005 budget.
Other financing options exist, which have been utilized by
the city in the past, which would at a relatively low annual
cost take advantage of the City's 6-year history of aggressively
paying down debt by wrapping the new debt around the declining
debt, so as to maintain a level debt payment structure into
the future consistent with our current structure. This plan
will better set the City up for success, and will better enable
the city to absorb any future borrowing needed to ensure that
success.”
President Schweder stated that Resolution 11 A is on the
Agenda for Council’s consideration.
B. City Solicitor – Use Permit Agreement for Public
Property – Steelworkers’ Archives – Bethlehem
Historical and Cultural Festival
The Clerk read a memorandum dated April 23, 2004 from John
F. Spirk, Jr., City Solicitor, to which was attached a proposed
Use Permit Agreement between the City of Bethlehem and the
Steelworkers’ Archives, Inc. for use of various City
properties for the Bethlehem Historical and Cultural Festival
for the time period June 7 through June 16, 2004, according
to the terms of the agreement.
President Schweder referred the matter to the Parks and
Public Property Committee.
C. City Solicitor – Amendment No. 1 to Lease Agreement
– Food Concession Stands at Memorial Pool and Saucon
Pool
The Clerk read a memorandum dated April 23, 2004 from John
F. Spirk, Jr., City Solicitor, to which was attached proposed
Amendment No. 1 to Lease Agreement between the City of Bethlehem
and PKW Enterprises, for lease of Food Concession Stands at
Memorial Pool at Illick’s Mill Road and Saucon Pool
at Millside Drive for a renewal term of three years, beginning
on opening day of the 2004 swimming season and ending on the
closing date of the 2006 swimming season, with an option to
renew for an additional three year period, according to the
terms of the agreement.
President Schweder stated that the appropriate Resolution
can be listed on the May 18, 2004 Council Agenda unless the
Parks and Public Property Committee wishes to review the matter.
D. Deputy Director of Community Development – Adopting
Pennsylvania Uniform Construction Code
The Clerk read a letter dated April 16, 2004 from Dana B.
Grubb, Deputy Director of Community Development, to which
was attached proposed ordinances with amendments to all International
Codes. These proposed changes are recommended to adopt the
2003 Codes as required under the Pennsylvania Uniform Construction
Code (PAUCC), Act No. 45. In addition, two fee changes were
included to clarify minor electrical work, and a fee mandated
to be returned to the Commonwealth for training of code officials.
President Schweder referred the matter to the Community
Development Committee.
E. Director of Planning and Zoning –Rezoning Property
on Schoenersville Road – PI to CS; and Zoning Text Amendments
– Shopping Center District
The Clerk read a memorandum dated April 30, 2004 from Darlene
L. Heller, Director of Planning and Zoning, to which was attached
a request for revisions to the zoning map to rezone properties
along Schoenersville Road from PI to CS that extend beyond
the proposal of the developer read into the record at the
April 20, 2004 City Council Meeting (Communication 7 G) for
rezoning properties along Schoenersville Road from PI to CS.
The parcels proposed by the Planning Bureau for rezoning are
contiguous to the developer’s proposal and are either
vacant or undeveloped. In addition, the Planning Bureau proposed
the following minor Zoning Ordinance Text Amendments to the
Shopping Center provisions: that hotel and shopping center
should be included as permitted uses in the Shopping Center
zoning district; the CS height requirement should be increased
from 2-1/2 stories and 35 feet to 4 stories and 45 feet; a
definition of shopping center should be included in the Ordinance;
and, Section 1313.02(a)(13) should be deleted.
President Schweder referred the request to the Planning
Commission and Lehigh Valley Planning Commission.
Mr. Donchez and Ms. Szabo moved to schedule a Public Hearing
on July 6, 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.
Rescheduling Public Hearing - Rezoning Request of Charles
Gallub – Schoenersville Road and Route 22 – PI
– Planned Industrial to CS – Shopping Center
President Schweder announced that, in connection with the
request of the Planning Bureau for the rezoning of property
on Schoenersville Road, he would accept a motion to reschedule
the Public Hearing on the request from Attorney James Broughal,
on behalf of Charles Gallub, read into the record at the April
20, 2004 City Council Meeting to rezone property on Schoenersville
Road from June 1, 2004 to July 6, 2004 at 7:30 PM in Town
Hall.
Mr. Donchez and Ms. Szabo moved to reschedule the Public Hearing.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.
Rescheduling Public Hearing - Rezoning Request – Northeast
Corner of Arden Street and Ravena Street – I –
Institutional to R-G – Residential
President Schweder accepted a motion to reschedule the Public
Hearing on the request from Joan Marie Ronca read into the
record at the April 20, 2004 City Council Meeting to rezone
property on Ravena Street from June 1, 2004 to June 15, 2004
at 7:30 PM in Town Hall.
Mr. Donchez and Ms. Szabo moved to reschedule the Public
Hearing. Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez,
Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The
motion passed.
President Schweder directed that additional Communication
7 F be read into the record.
F. Renaming City Center Plaza “Payrow Plaza”
The Clerk read a memorandum dated April 29, 2004 from Gordon
B. Mowrer, Member of Council, in which he suggested that City
Council consider renaming the City Center Plaza as “The
Payrow Plaza” in honor of the City’s first Strong
Mayor, Gordon Payrow.
President Schweder referred the matter to the Parks and
Public Property Committee.
8 . REPORTS
A. President of Council
None.
B. Mayor
1. Administrative Order – David Brong - Director of
Water and Sewer Resources
Mayor John B. Callahan read his appointment of David Brong
as Director of Water and Sewer Resources, effective May 4,
2004. Mr. Donchez and Mr. Arcelay sponsored Resolution 14,361
to confirm the appointment.
Mrs. Belinski recounted that, at the last City Council Meeting,
she asked that the Resolution be tabled so that the City Council
Solicitor could give the Members of Council answers to whether
the appointment is legal and ethical since the appointee is
the Mayor’s wife’s uncle. Mrs. Belinski, while
affirming the appointment is not illegal, communicated she
does not care that the headlines of the newspaper said it
was fair, and as far as she is concerned it is not fair and
is not ethical. Mrs. Belinski continued on to say she received
telephone calls from people who applied for the position and
they felt insulted when they read about Mr. Brong’s
qualifications in the newspaper article since they felt they
had better qualifications. Mrs. Belinski commented she cannot
agree with the appointment, especially since the person has
no experience in water and sewer. Stating that since the individual
is inexperienced there will be a long learning curve, Mrs.
Belinski questioned who people will take their complaints
to, and remarked that the Mayor is the only person to whom
Mr. Brong will answer which she did not think was fair.
Mr. Leeson, while communicating it is a difficult decision
for him, said he will vote in favor of the nomination. However,
Mr. Leeson noted his issue is not with Mr. Brong. Pointing
out that, as a lawyer, many times people bring legal problems
to him and he has to learn a particular area of law, Mr. Leeson
observed Mr. Brong is an engineer and will have to learn what
he needs to know to do the job. Mr. Leeson acknowledged that
Michael Alkhal, the Public Works Director, as well as other
employees, are available to Mr. Brong. Mr. Leeson said he
does not believe the Mayor should be involved in the process
of selecting people who are relatives for City jobs, even
if it is a distant relative. Mr. Leeson continued on to say
that, whether it is the Mayor or City Council, all need to
abide by not only the letter but the spirit of the law. Mr.
Leeson stated that to him the spirit of the law is not to
do something like this. Mr. Leeson, while commenting that
Mr. Tallarico is a fine individual and very competent in many
ways, said he understands that Mr. Tallarico, a member of
the Bethlehem Authority, is also a relative of the Mayor’s.
Mr. Leeson said he wanted this on the record since Mr. Brong
and Mr. Tallarico are going to have to work together, and
he wanted it to be known publicly what the relationship of
Mr. Tallarico is to the Mayor and also the Mayor’s relationship
to Mr. Brong, so if there is a question in the future it cannot
be said it was not fully disclosed.
Mayor Callahan said he thinks he has been clear in both
cases what the relationship is. Mayor Callahan stated that
David Brong is his wife’s aunt’s husband, and
so is his uncle twice removed by marriage. Mayor Callahan
further stated that John Tallarico is his wife’s aunt’s
husband also.
Mr. Donchez, while remarking that Mr. Brong has a very impressive
resume, noted it is a valid point that there is very little
water experience but there is compensation for that in other
areas. Expressing that Mr. Brong knows he is walking into
a tremendous challenge, Mr. Donchez stated that City Council
and the Administration look forward to some concrete results
that have been discussed for years. Mr. Donchez said he feels
very strongly in principle that the Mayor does have the right
to make Department Head recommendations under the City’s
form of government, and City Council has the jurisdiction
to either approve or reject the recommendation. Mr. Donchez,
continuing on to say the Mayor should have the ability to
put his team in place, observed this person is a very important
part of the team. Stating that, obviously, City Council will
hold the person accountable, Mr. Donchez pointed out that
City Council would expect better communication than in the
past and to see some results as far as marketing of water
and loss of water. Mr. Donchez stated he will support the
Mayor’s nomination.
Mr. Mowrer expressed his concurrence with Mr. Donchez’s
comments.
Ms. Szabo, commenting that, as Mr. Leeson said, this is
a very difficult situation on which to make a decision, explained
what has her very disturbed is the fact that the nominee who
is without sufficient experience and training is going to
be receiving the same high pay as the Public Works Director
with his many years of experience. Ms. Szabo observed when
a problem does occur who is going to have to take care of
it but the Public Works Director. Ms. Szabo thought it was
an unfair situation that a new employee should come in at
the rate that has been set for the prior employee, and there
should be a probation period.
Mr. Arcelay, advising that he spoke directly with the Mayor
this morning, said he will be approving the nominee tonight.
Mr. Arcelay, noting that he did let the Mayor know his concerns,
acknowledged it is a tough decision. Mr. Arcelay said his
main concern was accountability.
Mrs. Belinski, stressing that she is especially concerned
about this person having no experience in water and sewer,
noted that she keeps a close watch on the Water Filtration
Plant and the Sewage Treatment Plant. Of all the services
the City offers, Mrs. Belinski asserted that water is the
most important one. Mrs. Belinski stated there are serious
problems at the Water Filtration Plant that is working at
half capacity, and the Sewer Plant “is in the dark ages.
We need immediately a $2 million upgrade and we really need
somebody at the helm who knows what they’re doing.”
Mrs. Belinski said this adds to her reservations about approving
the nominee.
Ms. Szabo expressed she is sorry this has caused an embarrassing
situation for Mr. Brong who has been caught in the middle.
Ms. Szabo stated she very much resents the press’s continued
accusations that Council is playing politics, and that it
is a political decision. Ms. Szabo said “when you evaluate
something and make an intelligent decision on something it
is not playing politics.”
Voting AYE: Mr. Arcelay, Mr. Donchez, Mr. Leeson, Mr. Mowrer,
Ms. Szabo, and Mr. Schweder, 6. Voting NAY: Mrs. Belinski,
1. The Resolution passed.
C. Parks and Public Property Committee
Mrs. Belinski, Chairwoman of the Parks and Public Property
Committee, presented an oral report of the Committee’s
meeting held on April 22, 2004 on the following subject: Use
Permit Agreement for the Gaelic Sports Spectacular Event to
be held May 21 ro 23, 2004. The Committee unanimously recommended
approval of the Agreement with the added stipulation that
a security deposit is to be submitted and the grounds are
to be repaired if required.
9. ORDINANCES FOR FINAL PASSAGE
None.
10. NEW ORDINANCES
None.
11. RESOLUTIONS
A. Reconsidering Ordinance No. 4248 – Overriding Mayor’s
Veto
Mrs. Belinski and Mr. Leeson sponsored Resolution 14,362
by which City Council reconsidered Ordinance No. 4248, the
Bond Issue for the settlement of the Hirko lawsuit, for the
purpose of overriding the veto of said Ordinance by the Mayor.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Ms. Szabo, and Mr. Schweder, 6. Voting NAY: Mr. Mowrer,
1. The Resolution passed.
B. Authorizing Execution of Use Permit Agreement – Boutique
at the Rink
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,363
which authorized the execution of a Use Permit Agreement between
the City and St. Luke’s Hospital & Health Network
for use of the Municipal Ice Rink for the 2004 Boutique at
the Rink for the time period May 8, 2004 to June 13, 2004,
according to the terms of the agreement.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
C. Authorizing Execution of Use Permit Agreement – Gaelic
Sports Spectacular Event
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,364
which authorized the execution of a Use Permit Agreement between
the City and the Ancient Order of Hibernians Lehigh Valley
Division I for use of various City properties for the Gaelic
Sports Spectacular Event for the time period May 17, 2004
to May 28, 2004 and May 21, 2004 to May 23, 2004, according
to the terms of the agreement.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
Motion – Considering Resolutions 11 D through 11 H
as a Group
Mr. Leeson and Mrs. Belinski moved to consider Resolutions
11 D through 11 H as a group.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion
passed.
D. Certificate of Appropriateness – 129 West Third
Street
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,365
which granted a Certificate of Appropriateness to modify the
previously Historic Commission-approved free standing sign
alterations at 129 West Third Street.
E. Certificate of Appropriateness – 217 Broadway
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,366
which granted a Certificate of Appropriateness to renovate
the exterior of 217 Broadway.
F. Certificate of Appropriateness – 728 East Fourth
Street
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,367
which granted a Certificate of Appropriateness to retain the
existing box sign faces installed without Commission approval
at 728 East Fourth Street.
G. Certificate of Appropriateness – 28 East Third Street
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,368
which granted a Certificate of Appropriateness to install
an internally illuminated projecting sign at 28 East Third
Street.
H. Certificate of Appropriateness – 501-503 East Fourth
Street
Mr. Donchez and Mr. Arcelay sponsored Resolution 14,369
which granted a Certificate of Appropriateness to renovate
the facades of 501-503 East Fourth Street.
Voting AYE on Resolutions 11 D through 11 H: Mr. Arcelay,
Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo,
and Mr. Schweder, 7. The Resolutions passed.
I. Certificate of Appropriateness – 217 East Third Street
Mr. Donchez and Mr. Arcelay sponsored Resolution 11 I which
granted a Certificate of Appropriateness to construct a new
building at 217 East Third Street.
Ms. Szabo, highlighting the fact that the approval is to
build a two story new building on East Third Street, pointed
out it would not be known it is two stories unless one inquired
about it, and one does not know what it looks like although
drawings are available, and one does not know what the building
is going to be used for. Ms. Szabo said her understanding
is the first floor will be for commercial use and the second
floor will be for office use. Ms. Szabo recounted she asked
previously over a period of time that Council be given information.
Ms. Szabo, noting there is information kept on file, said
she again asks that Council get copies of that information.
Ms. Szabo stressed this is too big of a project to just say
“yes we approve without knowing anything about it.”
Ms. Szabo said there have been other times that Council should
know what they are voting on. Ms. Szabo asked that this information
be given to City Council along with the Certificate of Appropriateness
on which Council is asked to vote.
President Schweder inquired whether Ms. Szabo is moving
to table the Resolution. Ms. Szabo, responding no, said she
has gotten information.
Mr. Hanna queried if Ms. Szabo would like to postpone the
matter until such time as Ms. Szabo had a chance to review
more information. Mr. Hanna, affirming that the Commission
did review the proposal and recommended approval, noted Council
has to obviously concur with that.
Ms. Szabo said she feels not only this time but other times
Council has not had adequate information. Ms. Szabo, acknowledging
that the Commission has the right to make the request, stressed
that Council has the right to know what they are voting on.
Mr. Hanna advised that the Department can certainly work
on augmenting the information that is given to City Council.
Mr. Hanna asked if Ms. Szabo would like to table the Resolution.
Ms. Szabo, replying yes she would like to table the Resolution,
said she feels that the rest of Council should have the information.
Ms. Szabo added that what little information that she has
received was helpful to some degree. Ms. Szabo queried why
Council has to ask for information that is so obviously needed
on anything on which Council is required to vote.
Tabling Resolution 11 I
Ms. Szabo moved to table Resolution 11 I. Mrs. Belinski
seconded the motion. Voting AYE: Mr. Arcelay, Mrs. Belinski,
Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder,
7. The motion passed.
12. NEW BUSINESS
Parking Authority - Commendation
Mrs. Belinski, noting that City Council received a letter
from a Lehigh University student praising Stephen Nemes, Executive
Director of the Parking Authority, read from the letter in
which the student explained that Mr. Nemes and his staff showed
the student a great deal of respect when he went to the office
concerning a meter card that did not work. Mr. Nemes was very
apologetic and offered the student tokens. The student advised
that each time he has dealt with Mr. Nemes he is “overwhelmed
with joy when walking out of his office.”
Expanding Water Customer Base – Easton Suburban Authority
Mrs. Belinski said it recently came to her attention that
the Easton Suburban Authority wants to expand. However, DEP
and PennVest wondered why the Easton Suburban Authority would
invest millions of dollars when the City of Bethlehem could
provide water. Mrs. Belinski suggested that the City contact
the Easton Suburban Authority about the matter.
Resolution 11 I – Certificate of Appropriateness –
217 E. Third Street
Ms. Szabo clarified that she is not blaming the South Bethlehem
Historic Conservation Commission for not sending the information
to Council. Ms. Szabo stated she is not blaming anybody; rather,
she is just saying that Council needs it.
Expanding Water Customer Base – Easton Suburban Authority
Mr. Leeson noted that Mrs. Belinski brought to his attention
her thoughts about having the City contact Easton Suburban
Authority about supplying water. Mr. Leeson, crediting Mrs.
Belinski, said he did some investigation and thought Easton
is a situation that is ripe for receiving a proposal from
Bethlehem for sale of water. Mr. Leeson, observing there has
been significant growth in the Bethlehem Township, Palmer
Township, and Forks Township areas, commented apparently the
capacity of the Easton Suburban Water Authority is not at
the level that is needed. Mr. Leeson recounted that a number
of years ago the City lost two opportunities. Stating that
one was the Northampton Borough Municipal Authority expansion
when the area needed more water, Mr. Leeson remarked “the
ball was dropped in that process” when there was a significant
opportunity for Bethlehem to expand its customer base. Mr.
Leeson, pointing out that intergovernmental relations need
to be handled in the right manner, said one of the reasons
he voted for Mr. Brong was, in looking at the executive management
experience, he thought Mr. Brong had the potential capacity
to work with outlying municipalities and establish cooperative
relationships. Mr. Leeson thought eastern Northampton County
is an area that might have potential for growth for the City’s
water business. Mr. Leeson expressed that intergovernmental
relations have to be handled in a diplomatic, timely, and
sensitive manner. Mr. Leeson encouraged the Administration
to look into the matter. Mr. Leeson, noting that apparently
Easton was applying to PennVest for State financing for expansion
of some of its facilities, commented that by working together
with the State and local agencies hopefully it can be recognized
that when there are public facilities already in place to
serve existing needs there is no sense in building more public
facilities that are potentially not needed. Mr. Leeson expressed
the hope that contact can be established in a sensitive and
diplomatic fashion, and at least the door can be opened to
talks. Mr. Leeson acknowledged it is recognized that such
things do not happen overnight and it takes a lot of work.
13. COURTESY OF THE FLOOR
Patriot Act
Peter Crownfield, 569 Brighton Street, recounting that about
a month ago he had mentioned there were 275 other cities that
passed Resolutions in opposition to the Patriot Act, advised
the number is now 302 and 4 states. Mr. Crownfield, informing
the assembly that last night the faculty of Lehigh University
passed a Resolution expressing concern about the Patriot Act,
read from a portion of the Resolution in which the faculty
called upon elected officials in Bethlehem and other leaders
to work together to ensure that these governmental actions
do not violate the Constitution and protect people’s
civil liberties. Mr. Crownfield, focusing on a survey of criminal
justice experts released last week, noted that 95% of the
respondents felt the Patriot Act was passed too quickly and
without adequate thought on how it impacts existing laws,
three-quarters of the experts felt the Patriot Act violates
individual rights under the Constitution, and the majority
believe that existing law could have been leveraged to adequately
protect the nation. Mr. Crownfield expressed the hope that
Council will act soon to pass a Resolution. Mr. Crownfield
asked if Police Commissioner Donchez has an opinion on the
matter.
Francis Donchez, Police Commissioner, advised that several
weeks ago he was asked to speak at a NAACP chapter meeting
on the subject of the Patriot Act. Police Commissioner Donchez,
explaining that he did some research on the Patriot Act and
then attended the meeting, said it raised quite a few concerns.
Police Commissioner Donchez felt that the Patriot Act as it
is written lends itself to a possibility of law enforcement
agencies violating civil rights which was a concern of his.
Police Commissioner Donchez observed that, if one looks at
the municipalities that have passed Resolutions opposing the
Patriot Act, quite a few have in common with Bethlehem racial
and ethnic diversity. Police Commissioner Donchez, continuing
on to say it is a concern of any group that the government
would use a tool in order to violate individual rights, remarked
it certainly is a possibility that it could be used to those
ends. From a law enforcement perspective, Police Commissioner
Donchez stated he would support a Resolution by City Council
opposing the Patriot Act. Police Commissioner Donchez said
for his purposes he does not believe it would hamper the City’s
law enforcement efforts and it would say to Bethlehem’s
citizens that the Police Department respects and observes
the civil rights of all citizens, will do what is proper,
and not use loopholes to violate anyone’s rights.
President Schweder, acknowledging that Mr. Crownfield has
been very patient in the matter, recounted that Ms. Szabo
asked about the issue two weeks ago but he has not had the
opportunity to speak with her.
Dane Frazier, 39 University Drive, noted that many youth
his age of 18 years are not really involved in government
and politics, and he wishes to speak for youth who are involved.
Mr. Frazier expressed the belief that the Patriot Act is an
obstruction of civil liberties. Mr. Frazier, advising he researched
the Act, also expressed the belief that it was passed too
quickly and without thought. Mr. Frazier communicated that
after the events of September 11 the country was trying to
protect itself from foreign and domestic terrorism. Commenting
that the issue should be rethought, Mr. Frazier stated that
a start should be made in the City. He pointed out that many
cities have passed resolutions against the Patriot Act and
remarked that the City should follow. Mr. Frazier added that
he is trying to get as many people as he can to look into
the Patriot Act. Mr. Frazier expressed that he would appreciate
City Council’s giving its thoughts, concern and time
to the issue.
Bethlehem Works – Preserving Former Bethlehem Steel
Structures
Matt Salner, a student at Lehigh University, stated that
he works with the Save Our Steel group. Mr. Salner, recounting
that in Friday’s newspaper there was a report about
a new developer for the former Bethlehem Steel site, noted
it was indicated that the Mayor’s office and others
may not have been consulted. Mr. Salner inquired about the
matter.
Mayor Callahan, responding there are some issues that need
to be worked out for an agreement of sale, advised that Mr.
Perrucci, the developer, is interested in the property. Mayor
Callahan, explaining he was not privy to discussions with
the developer and ISG, noted he expressed his disappointment
to ISG. Mayor Callahan stated he met with Mr. Perrucci and
discussed his plans for the property. Mayor Callahan commented
it is still preliminary and Mr. Perrucci is doing his own
due diligence in determining whether to proceed. Mayor Callahan
communicated he is hopeful that whoever develops the property
will do something positive with it, respect what has taken
place there, and recognizes the importance of the former Bethlehem
Steel site.
Mr. Salner advised that Save Our Steel is attempting to
make people aware of the history of the site.
Mayor Callahan, affirming he has been working with Save
Our Steel, commended the organization for its work. Mayor
Callahan added he has made clear he is supportive of efforts
in preserving significant components and aspects of the former
Bethlehem Steel site. Mayor Callahan said he continues to
want to work with Save Our Steel and do a larger visioning
process for the site.
Sara Andrew, 444 E. North Street, stated she is also at
the meeting as a member of Save Our Steel. Ms. Andrew read
the mission of Save Our Steel, as follows: “The mission
of Save Our Steel is to encourage the historically sensitive
reuse of the former Bethlehem Steel site by providing a public
forum for discussion, disseminating information, and promoting
cooperation among interested groups and individuals.”
Ms. Andrew expressed that the group was concerned since the
newspaper article seemed to indicate that the City was not
involved in the discussions with the latest developer. She
continued on to say the goal of the group is for citizens
and the City of Bethlehem to have a voice in how the land
is developed. Ms. Andrew asked if there was a sense that the
developer was willing to work with the City.
Mayor Callahan replied at this point yes he did. Mayor Callahan,
noting that he shares the same concerns, said it is very important
to him that the community is heard on the project. Affirming
that he made his concerns clear regarding what occurred, Mayor
Callahan pointed out that he remains hopeful that if Mr. Perrucci
decides to move ahead with the project he would be cooperative.
Ms. Andrew asked how the Mayor sees the various groups,
including Save Our Steel, Historic Bethlehem Partnership,
National Museum of Industrial History, and Mid Atlantic Regional
Center for the Humanities, being actively involved in the
process.
Mayor Callahan responded that in the near term he would
hope to announce a process that would incorporate all those
entities and others totaling probably 12 or 13 groups. Mayor
Callahan stated that he will put a process in place that will
allow all those organizations to have a seat at the table
and have an opportunity for their visions, voices, and concerns
to be heard, in addition to individuals in the community.
Acknowledging there are some competing voices in the community
as to what should and should not happen at the site that will
be part of the process, Mayor Callahan confirmed he is committed
to putting a process in place.
Patriot Act
Barbara Diamond, 425 Center Street, advised that she became
involved in the Bill of Rights Defense Committee of the Lehigh
Valley last August, and became aware of the Patriot Act and
how it diminishes the oversight of the judicial process and
citizens’ ability to challenge surveillance in court.
Ms. Diamond, expressing her appreciation that City Council
will take up discussion of a Resolution sometime soon, thought
that citizens of Bethlehem deserve a Resolution. Ms. Diamond
communicated that, until action is taken at the congressional
level, citizens need protection from the Patriot Act, and
added she hopes Council will take action soon.
Steve Diamond, 425 Center Street, thought that more than
ever before people are living in a very polarized society.
He commented that people have strong feelings for or against
the Patriot Act because they feel it has to do with security.
Mr. Diamond said his fear is that the government starts to
wrap itself in patriotism and the questioning of their job
turns out to be “a questioning of who we are as citizens.”
Mr. Diamond remarked what worries him the most is that as
citizens try to use their rights under the Bill of Rights
they will be questioned, and the government will have the
right under the Patriot Act to investigate who they are. Mr.
Diamond highlighted the fact that recently citizens of the
United States were being locked away with no counsel. Mr.
Diamond stressed he is very worried “that any tool that
gives an organization the right to take away our rights under
the name of security is actually destroying the tenets of
why we are here as Americans.”
Bethlehem Works – Preserving Former Bethlehem Steel
Structures
William Scheirer, 1890 Eaton Avenue, noted he is a member
of Save Our Steel. Mr. Scheirer advised that the article in
the Morning Call last Friday about Mr. Perrucci mentioned
that the community and historic groups have rallied around
saving the blast furnaces but there was no mention of the
number two machine shop. Mr. Scheirer asserted that certainly
the machine shop needs to be included and perhaps other buildings
as well. Stating there is a shortage of playing fields in
South Bethlehem, Mr. Scheirer pointed out that these are important
things and hopefully they can be included in the wise expenditure
of funds.
Patriot Act
Mr. Scheirer, with reference to a newspaper article, pointed
out it is getting more difficult for foreign students to attend
United States universities because of the Patriot Act. Stating
this means there will be fewer foreign students who stay here
and found start-up companies, Mr. Scheirer highlighted the
fact that some of the biggest dot com companies were founded
by former students from India. Focusing on an article in the
Washington Post, Mr. Scheirer advised the ACLU has filed suit
challenging the constitutionality of certain portions of the
Patriot Act. However, under the provisions of the Patriot
Act the organization was not allowed to reveal that it had
filed suit. After extensive negotiation with the Federal government,
the organization was finally able to do so. Mr. Scheirer communicated
it is becoming almost a catch 22. He said when the Federal
government goes astray, it is up to the State and local governments
to be the repository of good sense.
Bethlehem Authority - Long Term Strategic Plan
Stephen Antalics, 737 Ridge Street, with reference to a recent
article in the Morning Call, noted that the Mayor had said
one of Mr. Brong’s first tasks as Director of Water
and Sewer Resources will be to develop a long-term strategic
plan for the Bethlehem Authority which manages the Bethlehem
area water system and works closely with the City’s
water department. Mr. Antalics asked what does that mean.
Mayor Callahan explained that a long term strategic plan
would more clearly define the roles of the Bethlehem Authority
versus the City. Mayor Callahan noted there has been a blurring
of those lines over time, and the Bethlehem Authority has
taken on certain operational aspects. Mayor Callahan stated
that part of the role of Mr. Brong will be to work with Stephen
Salvesen, Executive Director of the Bethlehem Authority, and
with Michael Alkhal, Director of Public Works, whose engineering
bureau closely relates with the Bethlehem Authority, and with
Ronald Donchez, Chairman of the Bethlehem Authority, to more
clearly define and delineate those roles. Mayor Callahan advised
that another important step would be to look into expansion
of the water system, marketing of water, what the costs would
be, and to consider whether in the future there would be potential
to work on a more regional approach. Mayor Callahan added
that the watershed management plan would be incorporated into
a long term strategic plan, along with timber management.
Mr. Antalics said the question would be once Mr. Brong proceeds
on the master plan who and what will be the resource.
Mayor Callahan replied that Mr. Brong will lead the effort,
and it would be conducted with the individuals the Mayor mentioned.
Mayor Callahan added he would anticipate being part of the
process, and perhaps Dennis Reichard, Business Administrator,
would be involved at certain times, as well as the City Solicitor,
and Council.
Mr. Antalics enumerated the job description and goals of
the Executive Director of the Bethlehem Authority, and added
that in the February report to the Board, Mr. Salvesen, Executive
Director, noted that invitations to bid on a strategic plan
were sent to three firms. Mr. Antalics continued on to recollect
and enumerate that the City contacted Mr. Belinda regarding
the timbering operation, the Bethlehem Authority brought in
Brooks Forestry for the timbering operation, and hired a Forest
Ranger for the watershed. Mr. Antalics expressed his thought
that this implied the Bethlehem Authority probably exceeded
its responsibilities but, he added, it appears by default.
Mr. Antalics said he sees politics getting into this immediately.
Mr. Antalics questioned whether this is duplication of the
Authority’s work.
Mayor Callahan pointed out that the answer may not be as
simple as the question. Mayor Callahan commented that he thought
he answered Mr. Antalics’ question in that there is
a certain blurring of the lines and duplication of efforts.
Mayor Callahan stated that part of the long term strategic
plan would be to address those matters. Mayor Callahan added
now that the Director of Water and Sewer Resources has been
appointed some of the questions raised tonight can be answered.
Mr. Antalics thought that the Director of Water and Sewer
Resources would be more concerned with distribution of the
system. Mr. Antalics, saying he sees duplication of efforts
and probably additional expenses, remarked that the Bethlehem
Authority, Water and Sewer Resources, and Public Works are
looking at a problem and he “smells politics”.
Mr. Antalics wondered what problem the Mayor has with advising
the new Director of Water and Sewer Resources to cooperate
with the Bethlehem Authority to avoid duplication.
Mr. Antalics suggested that City Council amend the Ordinance
to eliminate the Bethlehem Authority, or have the Bethlehem
Authority take over the water function, or expand the Authority’s
responsibilities to continue what they already started because
he thought they are now an operating Authority. He added that
the water department should work cooperatively with the Authority.
President Schweder, recounting that he addressed the problem
a number of times, commented there is needless duplication,
and he moved at least twice to abolish the one job.
Mr. Antalics said the first step might be to put water back
under Public Works, and instruct the Director of Public Works
to be at the meetings of the Bethlehem Authority.
President Schweder pointed out that the Administration has
the ability to establish how the Administration is structured,
and did not think Council could change anything in mid-year.
Mr. Antalics repeated his suggestion that Council seriously
look at amending the Ordinance that extends the life of the
Bethlehem Authority to authorize it to continue on its present
path which seems to be rather successful.
Mr. Donchez thought it was unfair to make a comment about
politics when Mr. Brong has not yet had one day on the job.
Mr. Donchez expressed that he has been concerned about some
of the gray areas between the Bethlehem Authority and the
City, and noted that the Mayor knows the feelings of City
Council and may have expressed some of the same feelings when
he was a Member of Council. Mr. Donchez further pointed out
that Mr. Salvesen is a relatively new employee. Mr. Donchez
concurred that, as Mr. Leeson said, it is important to form
relationships with other communities if the water system is
to be expanded. Mr. Donchez expressed the belief that the
Mayor has the right to have the Department the way he wants
it to be organized. Mr. Donchez stated he was not in favor
of splitting the Department, and believed there should be
a Deputy Public Works Director.
Mr. Antalics, informing the assembly that his comments have
nothing to do with Mr. Brong, said rather it has to do with
what has been done so far for the master plan and what is
being suggested by the Mayor. Mr. Antalics reiterated that
he is saying there is duplication of efforts.
Mayor Callahan commented that he thought he was clear when
he said that Mr. Brong would be working with the Executive
Director of the Bethlehem Authority, and the Chairman of the
Bethlehem Authority in trying to implement a long-term strategic
plan.
Save Our Steel
Peter DePietro, 1033 Tolstoy Street, Freemansburg, Secretary
of the Steelworkers Archives, said he wants to make it known
that the organization works hand in hand with Save Our Steel,
will continue to do so, and hopes to become part of any committee
that may be formed.
Pledge of Allegiance – Removal of Hats
Mr. DePietro, commenting that he was taught to take off
his hat during the Pledge of Allegiance, noted that one of
the meeting attendees did not remove his hat, and expressed
the hope that could be mentioned before the Pledge to the
Flag.
Bethlehem Authority
Ronald Donchez, 915 Wafford Lane, Chairman of the Bethlehem
Authority, advising he was asked by the Mayor to talk about
his involvement in the interview and hiring process of David
Brong, communicated that he would first like to address some
matters related to the Bethlehem Authority. Mr. Donchez, informing
the assembly that he has been a member of the Bethlehem Authority
since 1988, affirmed he has been the Chairman for the last
several years. Highlighting the fact that within the last
few years there has been proaction from City Council, the
Mayor, and individual citizens to try to make a difference,
Mr. Donchez specifically commended Mrs. Belinski “who
is tireless in her actions in trying to understand what [the
Bethlehem Authority] is doing, to get involved, [and] to find
ways to make things better.” Mr. Donchez, acknowledging
that the Bethlehem Authority has always been a financing authority,
explained that over the last few years the Bethlehem Authority
has taken a watchdog approach to leadership, and took some
lead efforts related to the Watershed. Candidly, Mr. Donchez
explained the Bethlehem Authority observed a lack of management
direction in strategic planning for the City in running the
water system and watershed like a private company should run.
Stressing that competition is tremendous, Mr. Donchez advised
he has spent much time talking to competitors in the private
and non-private sector and thinks the City has to do a lot
of work to compete in those arenas. Mr. Donchez communicated
that he views it as a strategic plan for the City of Bethlehem
with the Bethlehem Authority’s involvement, and stated
it is not just a strategic plan for the Bethlehem Authority.
Mr. Donchez continued on to observe, as the process proceeds,
“the Bethlehem Authority may or may not be in the role
it is today.” Mr. Donchez explained that the Bethlehem
Authority requested bids for a strategic plan to get an understanding
of what outside firms would do and how they would view the
planning process. Mr. Donchez, confirming that no money has
yet been spent, advised that the proposals were given to the
Authority for review and unless they are pursued no money
has been spent in the process. Mr. Donchez, communicating
that the Bethlehem Authority wants to impress upon the City
that the Authority has taken a leadership role, stressed the
importance of getting the strategic plan in place.
Mr. Donchez, focusing on the interview process with Mr.
Brong, noted he had the opportunity to sit in on the interview
process with the three final candidates chosen along with
the Mayor, City Solicitor, and Director of Public Works. Confirming
they were all very qualified, Mr. Donchez acknowledged that
two of them had a lot more water background than Mr. Brong.
However, Mr. Donchez affirmed that in his opinion, Mr. Brong
emerged as the best candidate. Mr. Donchez expressed his opinion
that one of the candidates was not able to lead and manage
people. While the other individual had more global experience,
Mr. Donchez noted that the individual indicated he was concerned
about managing people since he had not done so. Pointing out
that Mr. Brong brings a world of management expertise, Mr.
Donchez stressed that is very important in what is needed
today. Mr. Donchez advised that he did ask Michael Alkhal,
Director of Public Works, if he thought Mr. Brong was capable
as an engineer to understand the water industry, and Mr. Alkhal
felt he was. Mr. Donchez added that in his other positions,
Mr. Brong showed a real ability to understand the issues and
the products in which he was involved. When all the factors
were added, Mr. Donchez stated it came back to leadership,
management, and accountability, and Mr. Brong clearly was
his best choice in the process. Mr. Donchez commented that
he is looking forward to Mr. Brong coming on board. Mr. Donchez
added that he thinks Mr. Brong understands “the world
is watching him in the City of Bethlehem”. Continuing
on to say Mr. Brong’s accountability should be held
in question, Mr. Donchez affirmed the Bethlehem Authority
will do its role in looking at that. Mr. Donchez communicated
what is needed is to drive the City forward. Mr. Donchez recounted
that, in the past, Lower Nazareth Township approached the
City to buy water but the City said it was not interested,
so the Township went to the City of Easton. Agreeing there
are opportunities, Mr. Donchez highlighted the fact that it
takes hard work every day to set the standards. Mr. Donchez
explained that, as Chairman, he asks the question “how
is everyone going to view us 50 years from now.” Mr.
Donchez remarked that history will show how City Council,
the Mayor, and the Bethlehem Authority will manage the water
and be successful for future generations. He added that the
decisions made today will have tremendous impact in the future
in view of the importance of water as a resource. Mr. Donchez,
reiterating that Mr. Brong emerged as the most qualified candidate,
commented that Mr. Brong should deserve this opportunity to
see what he can do for the City of Bethlehem.
Renaming City Center Plaza
David Sanders, 69 E. Goepp Street, thanked Mr. Mowrer for
thinking of former Mayor Gordon Payrow, and thought it was
a wonderful idea to rename the City Center Plaza for him.
Pledge of Allegiance – Removal of Hats
Mr. Frazier apologized for the fact that one of his peers
did not take off his hat during the Pledge of Allegiance.
Patriot Act
Mr. Frazier asked again that City Council consider voting
on a Resolution in opposition to the Patriot Act, and said
his definition of a patriot is someone who stands up to government
in times of question.
Return of Police Officers from Afghanistan
Ms. Szabo announced she is happy to say that Police Officer
Tim Brook is back from his duty in Afghanistan.
Police Commissioner Donchez added that Police Officer Halbert
who was also overseas is back.
Patriot Act
Diane Pietro, 1223 E. Third Street, urged City Council and
the Mayor to consider a Resolution protecting the citizens
of Bethlehem from the more noxious aspects of the Patriot
Act. Highlighting the fact that a 15 year old student in an
art class was taken into custody by the FBI because of a drawing
he did for the art class that depicted a cartoon concerned
with President Bush, Ms. Pietro stressed these kinds of things
are happening.
14. ADJOURNMENT
The meeting was adjourned at 9:15 p.m.
ATTEST:
City Clerk
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