BETHLEHEM CITY COUNCIL MEETING
Tuesday, December 21, 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.
Pastor Robert Kramer, of First Baptist Church, 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 December 7, 2004 were approved.
5. COURTESY OF THE FLOOR (for public comment on ordinances
and resolutions to be voted on by Council this evening)
2005 Community Development Block Grant (CDBG) Program
Dana Grubb, 2420 Henderson Street, focusing on City Council's
effort to redirect CDBG funding in the 2005 Budget, stated
it can be accomplished, potentially in the manner originally
outlined and approved by City Council. Mr. Grubb affirmed
that the City can request an exemption to the Public Services
requirements, cited at 24CFR Part 570.201(e). While observing
that funding public services necessitates that the service
is a new service or a quantifiable increase in an existing
service, Mr. Grubb pointed out that the citation also provides
for an exception to this requirement if HUD determines that
events not within the control of the unit of general local
government have an impact on the City's ability to deliver
the services. Mr. Grubb enumerated that the Hirko trial settlement
necessitated a .5 mill real estate tax increase, the City
issued a $35 million taxable Pension Bond with a total borrowing
of $66,000,000 to meet its underfunded obligations to three
pension funds, and there are outstanding obligations to the
Sewer and Water Funds of approximately $2-$3 million. Consequently,
Mr. Grubb expressed the belief that an exemption is worth
pursuing for short-term relief. Mr. Grubb continued on to
say, in the event that HUD would not review this favorably,
other options include reimbursement for overhead costs associated
with Housing Rehabilitation, Code Enforcement and/or General
Program Administration, and highlighted the fact that the
CDBG program is currently funding the development of the City's
Central Services Cost Allocation Plan.
Mr. Grubb expressed the opinion that the Mayor made eleventh
hour revisions to the Proposed 2005 CDBG/HOME Action Plan
by reducing the allocation for Saucon Park but now laments
City Council taking a similar action to the general category
for South Side Parks and Playgrounds for which he said no
definitive locations and improvements have been identified
at this point in time. Mr. Grubb continued on to point out
that, in the meantime, the study initiative for the much more
serious problem of Saucon Park flooding and erosion control
moves forward. Mr. Grubb stressed that recreational facilities
have not been short-changed throughout the low and moderate
income areas on the south side.
Mr. Grubb, turning to the Elm Street Program for which $100,000
in CDBG funding was allocated, asserted this was another eleventh
hour revision to the Proposed 2005 Action Plan. Mr. Grubb
said that, depending on the current status of the consultant
procurement process, there is no immediate need for this allocation,
and these funds could be committed at a later date. Continuing
on to note there are three distinct areas adjacent to the
North Side Central Business District that will need to be
considered for Elm Street designation based on the recommendations
of the study, Mr. Grubb stated that the west side, north central,
and north east neighborhoods bounding this area will each
expect due consideration. He added that, once designation
is received sometime in 2005, additional funding opportunities
for implementation will need to be pursued through the Pennsylvania
Department of Community and Economic Development's Residential
Reinvestment Grants. Stating that the need to commit any CDBG
funding to meet match requirements will be later rather than
sooner, Mr. Grubb felt this could be handled through the reprogramming
of existing funds later in 2005, or inclusion in the 2006
Action Plan submission to HUD.
Mr. Grubb, asserting that the urgency of budget issues is
immediate and needs to be addressed now, stated the City does
not have many options to help hold the line on local taxes.
He added that CDBG funding provides a ready source, in contrast
to cuts in City services or general tax increases.
Jose Rosado, 917 Dellwood Avenue, expressed his concern about
diverting CDBG funds away from South Side parks and playgrounds.
Mr. Rosado, stating his belief that the primary focus of the
CDBG money is to serve low and moderate income neighborhoods,
affirmed that South Side Bethlehem would qualify. Mr. Rosado
said he is concerned with different recent trends in South
Side neighborhoods, and the fact that consideration has been
given to taking money away from parks and playgrounds for
General Fund operating costs. Mr. Rosado, agreeing that a
step in the right direction was taken by hiring a South Side
Recreation Coordinator, felt that now it would be taking a
couple of steps back by taking money that was supposedly earmarked
for parks and playgrounds and using it in a different way.
Mr. Rosado communicated that, living in the neighborhood and
the City, and with the media coverage, it is known some of
the things that are going on in South Bethlehem, both the
good and the bad. Mr. Rosado stressed that “we need
to invest more in our children, and by taking this money away
from parks and playgrounds we are taking away from that.”
Mr. Rosado noted that just recently reported in the press
and investigated by the Police was the first gang related
homicide in the City of Bethlehem, and last week there were
three shootings in South Bethlehem. As an employee of the
Bethlehem Area School District working with young people every
day, Mr. Rosado said he is concerned with the fact that City
Council is looking at taking money away from parks, recreation,
and playgrounds. Mr. Rosado expressed his thought that more
needs to be invested, not money taken away. Mr. Rosado, acknowledging
that the person who spoke with him said it is permissible
to do, stated that does not make it right. He continued on
to say just because there is wording that allows for money
to be diverted does not mean it is the right thing to do.
Mr. Rosado said he would strongly suggest that City Council
look at coming up with money for these operating costs elsewhere,
and that the money be used for South Side parks and recreation.
Mr. Rosado asserted that, with the millions of dollars being
poured into South Side bricks and mortar projects, “we
can’t lose sight of our most valuable resource which
is our children.” To say that it is a one time or a
temporary action, Mr. Rosado commented that in his mind he
cannot justify it as something that should be considered.
Mr. Rosado, restating his support for using the CDBG money
for South Side parks and recreation, reiterated just because
diverting funding is something that is permissible to do he
does not believe it is the right thing to do.
6. OLD BUSINESS
None.
7. COMMUNICATIONS
A. Director of Planning and Zoning – Proposed Miscellaneous
Zoning Text Amendment
The Clerk read a memorandum dated December 14, 2004 from
Darlene L. Heller, Director of Planning and Zoning, to which
was attached proposed miscellaneous zoning text amendments
concerning: (1) Section 1302.29(f)(3) - Definition of Condominiums;
(2) Section 1322.04(f)(5)(1) - Parking in Multiple Family
Developments; (3) Section 1312.02(a) - Additional permitted
uses in CL Limited Commercial; (4) Section 1302 - Definitions
to include Visitor Center; (5) Section 1316.02(a) - Adding
Visitor Center to uses permitted by right in LI Light Industrial
District; (6) Section 1319.01(13) - Parking for a Visitor
Center; (7) Appendix A - Elimination of Limitation for Number
of Stories in Some Commercial Zones; and (8) Modification
of lot width requirements on the bulb of a cul-de-sac in the
RM zone. The Planning Commission recommended approval of the
text amendments at their November and December meetings.
President Schweder referred the matter to the Lehigh Valley
Planning Commission.
Mr. Donchez and Mrs. Belinski moved to schedule a Public
Hearing on Tuesday, February 15, 2005 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 Planning and Zoning – Amending Subdivision
and Development Ordinance – Traffic Studies and Recreation
Fees
The Clerk read a memorandum dated December 16, 2004 from
Darlene L. Heller, Director of Planning and Zoning, to which
was attached amendments to the Subdivision and Development
Ordinance addressing traffic studies and recreation fees.
The amendments create provisions for traffic studies and outline
when they shall be required and also provides for the creation
of an escrow account to cover the City’s costs for review
of the traffic study by a qualified traffic engineer. The
amendments also revise the provisions for recreation fees
so that the recreation fee can be updated by Resolution in
the future. The Planning Commission recommended approval of
the amendments at their December meeting.
President Schweder referred the matter to the Lehigh Valley
Planning Commission.
Mr. Donchez and Mrs. Belinski moved to schedule a Public
Hearing on Tuesday, February 1, 2005 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.
C. City Solicitor – Amendment No. 1 to Lease Agreement
– Mali’s Café – Golf Course Clubhouse
The Clerk read a memorandum dated December 17, 2004 from
John F. Spirk, Jr., City Solicitor, to which was attached
proposed Amendment No. 1 to the Lease Agreement between the
City and Mali’s Café, LLC, for lease of the Golf
Course Clubhouse Restaurant for operation of the restaurant
with liquor license for a renewal term of two years, beginning
on March 1, 2005 and ending on February 28, 2007, according
to the terms of the agreement.
President Schweder referred the matter to the Parks and
Public Property Committee.
D. Assistant City Solicitor – Amending Article 347
– Collection of Delinquent Municipal Claims and Real
Estate Taxes
The Clerk read a memorandum dated December 17, 2004 from
William Alexander Karras, Assistant City Solicitor, to which
was attached a proposed Ordinance to amend Article 347, Municipal
Claims for Delinquent Accounts – Schedule of Attorney’s
Fees to be Added. The Amendment contained revised third party
charges as well as interest rates, and updated the fee schedule,
that had not been changed since implementation in 1999, charged
by the Portnoff agency.
President Schweder referred the matter to the Finance Committee.
The President directed the Clerk to read additional Communication
7 E into the record.
E. Tax Administrator – Emergency Municipal Services
Tax – Employer’s Collection Fee
The Clerk read a memorandum dated December 17, 2004 from
Al Timko, Tax Administrator, recommending elimination of the
2% employer’s collection fee that had been included
in Article 339, the Ordinance pertaining to the Occupational
Privilege Tax that is being replaced with the Emergency Municipal
Services Tax (EMST).
President Schweder affirmed that revised Bill No. 63 –
2004 incorporating the recommendation has been distributed
to the Members of Council for First Reading.
8 . REPORTS
A. President of Council
None.
B. Mayor
1. Administrative Order – Judith M. Havas – Fine
Arts Commission
Mayor John B. Callahan appointed Judith M. Havas to the
Fine Arts Commission effective until December 2007. Mr. Arcelay
and Mr. Donchez sponsored Resolution 14,538 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.
2. Administrative Order – Seth A. Cornish – South
Bethlehem Conservation District Commission
Mayor John B. Callahan appointed Seth A. Cornish to the
South Bethlehem Conservation District Commission effective
until April 2007. Mr. Arcelay and Mr. Donchez sponsored Resolution
14,539 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
A. Bill No. 51 – 2004 – Adopting the 2005 General
Fund Budget
The Clerk read Bill No. 51 – 2004, Adopting the 2005
General Fund Budget, on Final Reading.
Amendment to Bill No. 51 - 2004
Mr. Arcelay and Mr. Donchez sponsored the following Amendment:
That Section 2. which reads as follows:
SECTION 2. Appropriations in the sum of Fifty-Three Million,
Three Hundred Seventy-Nine Thousand ($53,379,000) Dollars
are hereby made from the General Fund as follows:
To the Council:
Personal Services $ 153,942
Purchase of Services 84,770
Materials and Supplies 0
Equipment 0
TOTAL $ 238,712
To the Mayor:
Personal Services $ 147,067
Purchase of Services 5,535
Materials and Supplies 1,000
Equipment 0
TOTAL $ 153,602
To the Controller:
Personal Services $ 174,640
Purchase of Services 4,130
Materials and Supplies 0
Equipment 0
TOTAL $ 178,770
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 $ 205,447
Purchase of Services 5,250
Materials and Supplies 0
Equipment 250
TOTAL $ 210,947
To the Department of Administration:
Personal Services $ 1,465,469
Purchase of Services 171,939
Materials and Supplies 93,100
Equipment 29,000
TOTAL $ 1,759,508
To the Department of Community and Economic Development:
Personal Services $ 2,795,450
Purchase of Services 1,849,320
Materials and Supplies 85,757
Equipment 81,210
TOTAL $ 4,811,737
To the Department of Parks and Public Property:
Personal Services $ 2,586,386
Purchase of Services 1,121,530
Materials and Supplies 135,800
Equipment 10,700
TOTAL $ 3,854,416
To the Department of Public Works:
Personal Services $ 2,279,508
Purchase of Services 1,395,882
Materials and Supplies 160,615
Equipment 31,200
TOTAL $ 3,867,205
To the Department of Police:
Personal Services $ 8,503,933
Purchase of Services 353,306
Materials and Supplies 328,687
Equipment 11,000
TOTAL $ 9,196,926
To the Department of Fire:
Personal Services $ 6,781,184
Purchase of Services 148,431
Materials and Supplies 195,808
Equipment 0
TOTAL $ 7,125,423
To General and Civic Expenses:
Office Supplies, Postage, Equipment
Maintenance, and Communications $ 332,000
Taxes, Insurance, Social Security,
Unemployment Comp., Workers Comp.,
Pensions, Accumulated Sick Leave,
Heart and Lung Act, Trust Payments,
Defined Contribution Plan Match $ 13,661,437
Landfill Transfer $ 882,498
Refunds and Prior Year's Encumbrances $ 80,104
Unforeseen Contingencies,
Professional Services Expenses $ 130,200
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 $ 102,721
Sister City $ 4,000
Library $ 1,051,000
Bicycle Fund $ 800
Coalition for Alternative Transportation $ 4,500
Community Public Radio (WDIY) $ 2,700
Debt Service $ 5,678,534
TOTAL $ 21,980,754
shall be amended to read as follows:
SECTION 2. Appropriations in the sum of Fifty-Three Million,
Three Hundred Forty-Four Thousand, One Hundred Eighteen ($53,344,118)
Dollars are hereby made from the General Fund as follows:
To the Council:
Personal Services $ 153,942
Purchase of Services 84,770
Materials and Supplies 0
Equipment 0
TOTAL $ 238,712
To the Mayor:
Personal Services $ 147,067
Purchase of Services 5,535
Materials and Supplies 1,000
Equipment 0
TOTAL $ 153,602
To the Controller:
Personal Services $ 172,497
Purchase of Services 4,130
Materials and Supplies 0
Equipment 0
TOTAL $ 176,627
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 $ 205,447
Purchase of Services 5,250
Materials and Supplies 0
Equipment 250
TOTAL $ 210,947
To the Department of Administration:
Personal Services $ 1,465,469
Purchase of Services 189,798
Materials and Supplies 93,100
Equipment 29,000
TOTAL $ 1,777,367
To the Department of Community and Economic Development:
Personal Services $ 2,738,219
Purchase of Services 1,824,670
Materials and Supplies 85,757
Equipment 81,210
TOTAL $ 4,729,856
To the Department of Parks and Public Property:
Personal Services $ 2,586,386
Purchase of Services 1,119,330
Materials and Supplies 135,800
Equipment 10,700
TOTAL $ 3,852,216
To the Department of Public Works:
Personal Services $ 2,279,508
Purchase of Services 1,389,922
Materials and Supplies 160,615
Equipment 31,200
TOTAL $ 3,861,245
To the Department of Police:
Personal Services $ 8,512,971
Purchase of Services 346,306
Materials and Supplies 328,687
Equipment 11,000
TOTAL $ 9,198,964
To the Department of Fire:
Personal Services $ 6,754,878
Purchase of Services 143,731
Materials and Supplies 195,808
Equipment 0
TOTAL $ 7,094,417
To General and Civic Expenses:
Office Supplies, Postage, Equipment
Maintenance, and Communications $ 328,000
Taxes, Insurance, Social Security,
Unemployment Comp., Workers Comp.,
Pensions, Accumulated Sick Leave,
Heart and Lung Act, Trust Payments,
Defined Contribution Plan Match $13,345,437
Landfill Transfer $ 882,498
Refunds and Prior Year's Encumbrances $ 80,104
Unforeseen Contingencies,
Professional Services Expenses $ 502,611
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 $ 122,721
Sister City $ 0
Library $ 1,051,000
Bicycle Fund $ 800
Coalition for Alternative Transportation $ 4,500
Community Public Radio (WDIY) $ 2,700
Debt Service $ 5,678,534
TOTAL $ 22,049,165
Second Amendment to Bill No. 51 - 2004
Mr. Arcelay, turning to the reclassification of the Sanitarian
position in the Health Bureau, explained he would like to
make an amendment in the Community and Economic Development
Department, Heath Bureau, to delete the Sanitarian II position
which is vacant and to add the position of Sanitarian, Class
27 T, at the salary of $39,792. Mr. Arcelay noted the motion
will reduce Personal Services from $2,738,219 (as noted in
the above Amendment) to $2,731,797.
Mr. Arcelay and Mr. Mowrer moved the following amendment:
That Section 2. which reads as follows:
SECTION 2. Appropriations in the sum of Fifty-Three Million,
Three Hundred [Forty-Four Thousand, One Hundred Eighteen]
($53,344,118) Dollars are hereby made from the General Fund
as follows:
To the Department of Community and Economic Development:
Personal Services $[2,738,219]
Purchase of Services 1,824,670
Materials and Supplies 85,757
Equipment 81,210
TOTAL $[4,729,856]
shall be amended to read as follows:
SECTION 2. Appropriations in the sum of Fifty-Three Million,
Three Hundred Thirty Seven Thousand, Six Hundred Ninety-Six
($53,337,696) Dollars are hereby made from the General Fund
as follows:
To the Department of Community and Economic Development
Personal Services $ 2,731,797
Purchase of Services 1,824,670
Materials and Supplies 85,757
Equipment 81,210
TOTAL $ 4,723,434
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion
passed.
Third Amendment to Bill No. 51 – 2004
Ms. Szabo, referring back to the action taken at the Final
Budget meeting, turned to the position of Economic Development
Coordinator, page 71, and the upgrading of the position from
29 T to 30 T, at the salary difference of $2,790, affirmed
that the vote to upgrade the position failed. Ms. Szabo pointed
out that the individual in the position has been doing the
work of the upgraded position for most of the year and is
doing an excellent job, and has been receiving the pay for
the upgraded position. Ms. Szabo highlighted the fact that,
if Council rejects the upgrade, now the individual’s
pay will be reduced $2,790 for the year. She continued on
to say it is unfair to a person who has devoted a lot of time
and effort in doing an excellent job. Ms. Szabo asked that
the Members of Council reconsider their vote on the upgrading
of the position of Economic Development Coordinator from 29
T to 30 T. This motion would add $2,790 to Personal Services
in the Community and Economic Development Department Budget.
Ms. Szabo and Mrs. Belinski moved the following Amendment:
That Section 2. which reads as follows:
SECTION 2. Appropriations in the sum of Fifty-Three Million,
Three Hundred Thirty Seven Thousand, Six Hundred Ninety-Six
($53,337,696) Dollars are hereby made from the General Fund
as follows:
To the Department of Community and Economic Development
Personal Services $ 2,731,797
Purchase of Services 1,824,670
Materials and Supplies 85,757
Equipment 81,210
TOTAL $ 4,723,434
shall be amended to read as follows:
SECTION 2. Appropriations in the sum of Fifty-Three Million,
Three Hundred Forty Thousand, Four Hundred Eighty-Six ($53,340,486)
Dollars are hereby made from the General Fund as follows:
To the Department of Community and Economic Development
Personal Services $ 2,734,587
Purchase of Services 1,824,670
Materials and Supplies 85,757
Equipment 81,210
TOTAL $ 4,726,224
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion
passed.
Fourth Amendment to Bill No. 51 – 2004
Mr. Donchez stated he would like to revisit the issue of
the action taken at the Final Budget meeting to amend the
Community Development Block Grant Budget and place $223,511
into the General Fund Budget under a Revenue category titled
Grants and Gifts/Community Development Reimbursement. Mr.
Donchez advised that he would propose to move $223,511 from
the Community Development Block Grant Budget, that had originally
been placed in Unprogrammed Funds, and place $100,000 back
into the Elm Street Program and to move $90,000 back into
South Side Parks and Playgrounds, totaling $190,000.
President Schweder, observing that the funding no longer
exists in Unprogrammed Funds in the Community Development
Block Grant Budget, highlighted the fact that the $223,511
currently exists as a Revenue Source in the General Fund Budget,
in the line item titled Grants and Gifts/Community Development
Reimbursement, as a result of the vote taken at the Final
Budget meeting on December 14, 2004. Consequently, President
Schweder stated the motion would be to strike $223,511 or
whatever figure Mr. Donchez wishes to strike from the Revenue
line titled, Grants and Gifts/Community Development Reimbursement,
in the General Fund Budget. If that passes, then Mr. Donchez
would make another motion when Bill No. 59 – 2004 is
considered to put the money back into the Community Development
Block Grant Budget. The Amendment in the General Fund Budget
would require four votes, and the Amendment in Bill No. 59
– 2004, the Community Development Block Grant Budget,
would require five votes.
Mr. Donchez moved to restore the funding for South Side
Parks and Playgrounds to the original amount, and to restore
the funding for the Elm Street Program back to the original
amount. President Schweder affirmed that, rather than coming
from Cash Balance, the funding would come from the Grants
and Gifts/Community Development Reimbursement revenue source
in the General Fund, as a result of the vote taken at the
Final Budget meeting on December 14, 2004, and the motion
would remove $223,511 of revenue from the General Fund Budget.
Mrs. Belinski seconded the motion.
If a revenue item is being removed, Mr. Leeson questioned
whether an expense item would have to be removed as well.
Mr. Reichard explained that the $223,511 of revenue in the
General Fund could help to reduce General Fund costs. By moving
the $223,511 back into the Community Development Block Grant
Budget, that is $223,511 less of reimbursement from Community
Development Block Grant money that would have to be picked
up with General Fund money.
President Schweder, stating he is going to oppose the Amendment,
noted the purpose in taking the action at the December 14,
2004 Final Budget meeting was in looking at the increase in
Real Estate Taxes, and the proposal was put forth in order
to reduce the property tax millage further by .16 mills. President
Schweder pointed out that the effect of Mr. Donchez’s
Amendment would be to remove $223,511 in revenue from the
General Fund and the property tax rate would remain at the
12.50 mills rate proposed due to the proposal to institute
an Emergency and Municipal Services Tax of $52, replacing
the current Occupational Privilege Tax of $10, contained in
Bill No. 63 – 2004.
Mr. Donchez asked what was the final Cash Balance number
at the conclusion of the Final Budget meeting on December
14, 2004.
Linnea Lazarchak, Financial Services Manager, responded
it was $517,392 and that included the $223,511.
Voting AYE: Mr. Arcelay, Mr. Donchez, Mr. Mowrer, and Ms.
Szabo, 4. Voting NAY: Mrs. Belinski, Mr. Leeson, and Mr. Schweder,
3. The motion passed.
Voting AYE on the initial Amendment to Bill 51, as further
Amended in accordance with the preceding Amendments: Mr. Arcelay,
Mr. Donchez, Mr. Mowrer, and Ms. Szabo, 4. Voting NAY: Mrs.
Belinski, Mr. Leeson, and Mr. Schweder, 3.
Voting AYE on Bill 51 – 2004, as Amended: Mr. Arcelay,
Mr. Donchez, Mr. Mowrer, and Ms. Szabo, 4. Voting NAY: Mrs.
Belinski, Mr. Leeson, and Mr. Schweder, 3. Bill No. 51 –
2004, hereafter to be known as Ordinance 4289, was declared
adopted.
B. Bill No. 52 – 2004 – Adopting the 2005 Water
Fund Budget
The Clerk read Bill No. 52 – 2004, Adopting the 2005
Water Fund Budget, on Final Reading.
Amendment to Bill No. 52 – 2004
Mr. Donchez and Mr. Arcelay and sponsored the following
amendment:
That Section 1. which reads as follows:
SECTION 1. Appropriations in the sum of Eighteen Million,
Seven Hundred Forty-Three Thousand ($ 18,743,000) Dollars
are hereby made from the Water Fund as follows:
To the Department of Water/Sewer Resources:
Water Fund:
Personal Services $ 3,404,508
Purchase of Services 14,963,132
Materials and Supplies 375,360
Equipment 0
TOTAL $18,743,000
shall be amended to read as follows:
SECTION 1. Appropriations in the sum of Eighteen Million,
Seven Hundred Thirty-Nine Thousand, Nine Hundred Ninety-Eight
($18,739,998) Dollars are hereby made from the Water Fund
as follows:
To the Department of Water/Sewer Resources:
Water Fund:
Personal Services $ 3,401,506
Purchase of Services 14,963,132
Materials and Supplies 375,360
Equipment 0
TOTAL $18,739,998
Voting AYE on the Amendment: Mr. Arcelay, Mrs. Belinski,
Mr. Donchez, Mr. Mowrer, and Ms. Szabo, 5. Voting NAY: Mr.
Leeson and Mr. Schweder, 2. The Amendment passed.
Voting AYE on Bill No. 52 – 2004, as amended: Mr.
Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, and Ms. Szabo,
5. Voting NAY: Mr. Leeson and Mr. Schweder, 2. Bill No. 52
– 2004, hereafter to be known as Ordinance 4290, was
declared adopted.
C. Bill No. 53 – 2004 – Adopting the 2005 Sewer
Fund Budget
The Clerk read Bill No. 53 – 2004, Adopting the 2005
Sewer Fund Budget, on Final Reading.
Amendment to Bill No. 53 – 2004
Mr. Donchez and Mr. Arcelay sponsored the following Amendment:
That Section 1. which reads as follows:
SECTION 1. Appropriations in the sum of Eight Million, Eight
Hundred Fifty-Two Thousand ($8,852,000) 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 $ 2,398,423
Purchase of Services 5,896,607
Materials and Supplies 451,200
Equipment 105,770
TOTAL $ 8,852,000
shall be amended to read as follows:
SECTION 1. Appropriations in the sum of Eight Million, Eight
Hundred Seven Thousand ($8,807,000) 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 $ 2,359,880
Purchase of Services 5,890,150
Materials and Supplies 451,200
Equipment 105,770
TOTAL $ 8,807,000
Voting AYE on the Amendment: Mr. Arcelay, Mrs. Belinski,
Mr. Donchez, Mr. Mowrer, and Ms. Szabo, 5. Voting NAY: Mr.
Leeson and Mr. Schweder, 2. The Amendment passed.
Voting AYE on Bill No. 53 - 2004, as Amended: Mr. Arcelay,
Mrs. Belinski, Mr. Donchez, Mr. Mowrer, and Ms. Szabo, 5.
Voting NAY: Mr. Leeson and Mr. Schweder, 2. Bill No. 53 –
2004, hereafter to be known as Ordinance 4291, was declared
adopted.
D. Bill No. 54 – 2004 – Adopting the 2005 Golf
Course Enterprise Fund Budget
The Clerk read Bill No. 54 – 2004, Adopting the 2005
Golf Course Enterprise Fund Budget, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Mowrer, and Ms. Szabo, 5. Voting NAY: Mr. Leeson and Mr. Schweder,
2. Bill No. 54 – 2004, hereafter to be known as Ordinance
4292, was declared adopted.
E. Bill No. 55 – 2004 – Adopting the 2005 Liquid
Fuels Fund Budget
The Clerk read Bill No. 55 – 2004, Adopting the 2005
Liquid Fuels Fund Budget, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Mowrer, and Ms. Szabo, 5. Voting NAY: Mr. Leeson and Mr. Schweder,
2. Bill No. 55 – 2004, hereafter to be known as Ordinance
4293, was declared adopted.
F. Bill No. 56 – 2004 – Adopting the 2005 Capital
Budget for Non-Utilities
The Clerk read Bill No. 56 – 2004, Adopting the 2005
Capital Budget for Non-Utilities, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Mowrer, and Ms. Szabo, 5. Voting NAY: Mr. Leeson and Mr. Schweder,
2. Bill No. 56 – 2004, hereafter to be known as Ordinance
4294, was declared adopted.
G. Bill No. 57 – 2004 – Adopting the 2005 Capital
Budget for Water Utilities
The Clerk read Bill No. 57 – 2004, Adopting the 2005
Capital Budget for Water Utilities, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Mowrer, and Ms. Szabo, 5. Voting NAY: Mr. Leeson and Mr. Schweder,
2. Bill No. 57 – 2004, hereafter to be known as Ordinance
4295, was declared adopted.
H. Bill No. 58 – 2004 – Adopting the 2005 Capital
Budget for Sewer Utilities
The Clerk read Bill No. 58 – 2004, Adopting the 2005
Capital Budget for Sewer Utilities, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Mowrer, and Ms. Szabo, 5. Voting NAY: Mr. Leeson and Mr. Schweder,
2. Bill No. 58 – 2004, hereafter to be known as Ordinance
4296, was declared adopted.
I. Bill No. 59 – 2004 – Adopting the 2005 Community
Development Budget
The Clerk read Bill No. 59 – 2004, Adopting the 2005
Community Development Budget, on Final Reading.
Amendment to Bill No. 59 – 2004
Mr. Donchez moved to restore funding for the Elm Street
Program from $0 to $100,000 and to restore the original amount
requested for South Side Parks and Playgrounds of $117,712.
President Schweder inquired, if the Amendment fails, where
would the funding appear since it has been removed as a revenue
source in the General Fund Budget.
Mr. Reichard, recalling discussions during the Final Budget
meeting last week, observed that President Schweder added
$223,511 to the General Fund Budget revenues under Grants
and Gifts/Community Development Reimbursement, that could
reduce the current .75 mill Real Estate Tax increase by .16
mill. However, since the $223,511 has been removed from the
General Fund Budget, as a result of the Amendment to Bill
No. 51 – 2004 that was adopted earlier, the $223,511
is in limbo.
Mr. Donchez asked the status of the Elm Street Program and
South Side Parks and Playgrounds if funding for the two projects
were restored.
Tony Hanna, Director of Community and Economic Development,
explained that the money was allocated to the Elm Street Program
to be used for implementation upon conclusion of the planning
study. Mr. Hanna continued on to confirm that the City received
funding from the Pennsylvania Department of Community and
Economic Development to do planning in three neighborhoods
potentially targeted to become Elm Street areas. Mr. Hanna,
stating that planning activity would be commencing shortly,
said the Department would be looking at hiring a planner to
assist the Planning Bureau in conducting the planning study.
Ultimately, Mr. Hanna advised that the Department wanted to
allocate $100,000 so that upon conclusion of the planning
study one, two, or all three neighborhoods could potentially
avail themselves of some of the dollars to implement certain
activities that could be tied to the planning study. Mr. Hanna
commented that the money was being set aside on a contingency
basis to allow the City to do implementation.
Mr. Donchez inquired, if the $100,000 is not reinstated,
what will not be done in the Elm Street Program.
Mr. Hanna responded the money would not be available at
the end of the planning study to do implementation for this
current year. In further response to Mr. Donchez, Mr. Hanna
affirmed the plan is to implement and have a study this year.
Mr. Donchez asked about the South Side Parks and Playgrounds
activity.
Mr. Hanna replied that $90,000 was allocated for miscellaneous
parks and playground activity on which Charles Brown, Director
of Parks and Public Property, was working with several of
the neighborhoods to identify certain activities, and was
somewhat of a contingent item.
Mr. Donchez, recounting that the original allocation amount
was $117,712 and the amended amount was $27,712, questioned
if it stays at $27,712 what will not be done.
Mr. Brown explained that the money was set aside to begin
formulating erosion planning in the next four to five months,
and was allocated to Saucon Park because upgrading is needed
in that area.
Mr. Donchez queried if it is being said that if the $117,712
is not in the budget then the Saucon Park plan will not move
forward this year.
Mr. Brown, affirming that the plan can be done because there
is $50,000 set aside for it, informed the Members, however,
implementation of the plan will not be able to be started.
Mr. Donchez asked when in 2005 would the work start.
Mr. Brown, responding that the study needs to be done, noted
that work will be done by Urban Research and Development Corporation
(URDC) which company did work previously on Saucon Park. Mr.
Brown explained that a floodplain determination is needed
so it is known how much of Saucon Park can and cannot be used.
After that is done, Saucon Park needs to be upgraded for youth
programs.
Mr. Donchez inquired whether Mr. Brown feels the entire
$117,712 is necessary.
Mr. Brown, while remarking “we need twice that”,
affirmed that the $117,712 is needed.
President Schweder, recounting he has listened to the arguments
with Saucon Park as an example during the Budget review process,
said he would like to obtain the minutes from prior discussions
to compare what the Administration said at the beginning of
the process with the end of the process. President Schweder,
remarking it is known that nothing will be done at Saucon
Park until the flood study is to be completed, observed it
would be fool hearty to do anything there before the study
is completed. President Schweder, affirming that the funds
have to go somewhere, said he would vote to support putting
the funds back into the proposals.
Mr. Leeson, confirming he has already expressed his opposition
to anything that increases the deficit spending, stated that
in order to implement the will of the majority of Council,
he will vote in favor of the amendment so that the budgetary
process might follow through to a logical conclusion.
Voting AYE on the Amendment: Mr. Arcelay, Mrs. Belinski,
Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder,
7. The Amendment passed.
Voting AYE on Bill No. 59 – 2004, as Amended: Mr.
Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer,
Ms. Szabo, and Mr. Schweder, 7. Bill No. 59 – 2004,
hereafter to be known as Ordinance 4297, was declared adopted.
J. Bill No. 60 – 2004 – Adopting the 2005 9-1-1
Fund Budget
The Clerk read Bill No. 60 – 2004, Adopting the 2005
9-1-1 Fund Budget, on Final Reading.
Amendment to Bill No. 60 - 2004
Mr. Donchez and Mr. Arcelay sponsored the following Amendment:
That Section 1. which reads as follows:
SECTION 1. Appropriations in the sum of One Million, One
Hundred Twelve Thousand, Four Hundred Fifty-Three ($1,112,453)
Dollars are hereby made from the 9-1-1 Fund as follows:
To the 9-1-1 Fund:
Personal Services $ 778,754
Purchase of Services 314,699
Materials and Supplies 10,000
Equipment 9,000
TOTAL $1,112,453
shall be amended to read as follows:
SECTION 1. Appropriations in the sum of One Million, One
Hundred Thirty-Three Thousand, Eight Hundred Seventy-Seven
($1,133,877) Dollars are hereby made from the 9-1-1 Fund as
follows:
To the 9-1-1 Fund:
Personal Services $ 773,754
Purchase of Services 341,123
Materials and Supplies 10,000
Equipment 9,000
TOTAL $1,133,877
Voting AYE on the Amendment: Mr. Arcelay, Mrs. Belinski,
Mr. Donchez, Mr. Mowrer, and Ms. Szabo, 5. Voting NAY: Mr.
Leeson and Mr. Schweder, 2. The Amendment passed.
Voting AYE on Bill No. 60 – 2004, as Amended: Mr.
Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, and Ms. Szabo,
5. Voting NAY: Mr. Leeson and Mr. Schweder, 2. Bill No. 60
– 2004, hereafter to be known as Ordinance 4298, was
declared adopted.
K. Bill No. 61 – 2004 – Fixing the 2005 Tax Rate
for All City Purposes
The Clerk read Bill No. 61 – 2004, Fixing the 2005
Tax Rate for All City Purposes, on Final Reading.
Amendment to Bill No. 61 - 2004
Mr. Donchez and Mr. Mowrer sponsored the following Amendment:
That Section 1. which reads as follows:
SECTION 1. That a tax be paid and the same is hereby levied
on all persons and real property within the said City subject
to taxation for City purposes for the fiscal year, as follows:
Tax for the year 2005 for General City purposes, the sum
of six and ninety-eight hundredths (6.98) mills on each dollar
of assessed valuation [or the sum of sixty-nine and eight
tenths (69.80) cents on each one hundred dollars of assessed
valuation];
For Recreation purposes, the sum of sixty-nine hundredths
(.69) mills on each dollar of assessed valuation [or the sum
of six and nine tenths (6.90) cents on each one hundred dollars
of assessed valuation];
For Debt purposes, the sum of four and twenty-eight hundredths
(4.28) mills on each dollar of assessed valuation [or the
sum of forty-two and eight tenths (42.80) cents on each one
hundred dollars of assessed valuation];
For Landfill Debt purposes, the sum of four tenths mills
(.40) mills on each dollar of assessed valuation [or the sum
of four cents (4.0) cents on each one hundred dollars of assessed
valuation];
For Hirko Settlement Debt purposes, the sum of five tenths
mills (.50) mills on each dollar of assessed valuation [or
the sum of five cents (5.0) cents on each one hundred dollars
of assessed valuation];
For Library purposes, the sum of seventy-nine hundredths
(.79) mills on each dollar of assessed valuation [or the sum
of seven and nine tenths (7.90) cents on each one hundred
dollars of assessed valuation] to wit:
Mills on Each Cents on Each One
Dollar of Hundred Dollars of
Purpose Assessed Valuation Assessed Valuation
General 6.98 69.80
Recreation Levy .69 6.90
Debt 4.28 42.80
Landfill Debt .40 4.00
Hirko Settlement Debt .50 5.00
Library .79 7.90
Total - All Purposes 13.64 136.40
shall be amended to read as follows:
SECTION 1. That a tax be paid and the same is hereby levied
on all persons and real property within the said City subject
to taxation for City purposes for the fiscal year, as follows:
Tax for the year 2005 for General City purposes, the sum
of five and eighty-four hundredths (5.84) mills on each dollar
of assessed valuation [or the sum of fifty-eight and four
tenths (58.40) cents on each one hundred dollars of assessed
valuation];
For Recreation purposes, the sum of sixty-nine hundredths
(.69) mills on each dollar of assessed valuation [or the sum
of six and nine tenths (6.90) cents on each one hundred dollars
of assessed valuation];
For Debt purposes, the sum of four and twenty-eight hundredths
(4.28) mills on each dollar of assessed valuation [or the
sum of forty-two and eight tenths (42.80) cents on each one
hundred dollars of assessed valuation];
For Landfill Debt purposes, the sum of four tenths mills
(.40) mills on each dollar of assessed valuation [or the sum
of four cents (4.0) cents on each one hundred dollars of assessed
valuation];
For Hirko Settlement Debt purposes, the sum of five tenths
mills (.50) mills on each dollar of assessed valuation [or
the sum of five cents (5.0) cents on each one hundred dollars
of assessed valuation];
For Library purposes, the sum of seventy-nine hundredths
(.79) mills on each dollar of assessed valuation [or the sum
of seven and nine tenths (7.90) cents on each one hundred
dollars of assessed valuation] to wit:
Mills on Each Cents on Each One
Dollar of Hundred Dollars of
Purpose Assessed Valuation Assessed Valuation
General 5.84 58.40
Recreation Levy .69 6.90
Debt 4.28 42.80
Landfill Debt .40 4.00
Hirko Settlement Debt .50 5.00
Library .79 7.90
Total - All Purposes 12.50 125.00
Voting AYE on the Amendment: Mr. Arcelay, Mr. Donchez, Mr.
Mowrer, and Ms. Szabo, 4. Voting NAY: Mrs. Belinski, Mr. Leeson,
and Mr. Schweder, 3. The Amendment passed.
President Schweder, stating this is the last step in a process
that he thinks is fiscally irresponsible, said it is a budget
that will come back to haunt those who supported it and the
people of the City in the months to come, and he will be voting
against it.
Voting AYE on Bill No. 61 – 2004, as Amended: Mr.
Arcelay, Mr. Donchez, Mr. Mowrer, and Ms. Szabo, 4. Voting
NAY: Mrs. Belinski, Mr. Leeson, and Mr. Schweder, 3. Bill
No. 61 – 2004, hereafter to be known as Ordinance 4299,
was declared adopted.
L. Bill No. 62 – 2004 Establishing New Article 1113
– Food Code Regulation
The Clerk read Bill No. 62 – 2004, Establishing New
Article 1113 – Food Code Regulation, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No.
62 – 2004, hereafter to be known as Ordinance 4300,
was declared adopted.
10. NEW ORDINANCES
A. Bill No. 63 – 2004 – Amending Article 339
– Instituting Emergency and Municipal Services Tax (EMST)
The Clerk read Bill No. 63 – 2004, Amending Article
339 – Instituting Emergency and Municipal Services Tax,
sponsored by Mr. Leeson and Mr. Mowrer, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 339 OF THE CODIFIED ORDINANCES
ENTITLED OCCUPATION PRIVILEGE TAX.
Mr. Donchez expressed he is very disappointed that the exemption
is being kept at $1,000 rather than $12,000 because of the
fact that the Bethlehem Area School District has retained
the $1,000 exemption amount. Mr. Donchez further expressed
his disappointment that the deduction for the Emergency and
Municipal Services Tax cannot be made quarterly which he thinks
is very unfair while confirming that is the way the State
law is written. Mr. Donchez, continuing on to point out it
was reported that Bethlehem Township has set the exemption
amount at $12,000, acknowledged the Township has its own collection
agency. Mr. Donchez restated that he would like to see an
exemption higher than $1,000 for the City of Bethlehem.
Mr. Leeson, commenting he is going to vote in favor of the
Bill, notwithstanding the fact that he voted against almost
all of the other Budget Bills, stated he will explain the
apparent inconsistency. Mr. Leeson, expressing his opinion
that the City is facing very challenging times next year with
the Budget, advised that he has already reviewed how the expenditures
exceed the revenues, and the fact that the Bethlehem Authority
can no longer be relied upon as a ready source of cash. He
said he thinks it will come to the City’s having to
borrow from the Bethlehem Authority in order to pay the bills
next year. Mr. Leeson commented that, having had some familiarity
with the trust indentures and agreements with the Bethlehem
Authority as the former City Solicitor, he has some perspective
on the issue. Mr. Leeson, stating he feels he has to support
the Bill because it is something that helps plug up gaps in
the Budget, said he does so reluctantly because Harrisburg
has really not given the City much in the way of options in
terms of trying to deal with increasing sources of revenue.
Asserting this is a nuisance tax, Mr. Leeson remarked when
the Occupational Privilege Tax was $10 it was a nuisance,
and at $52 for the Emergency Municipal Services Tax it is
still a nuisance, and it is regressive for the reasons stated
by Mr. Donchez. Expressing it is only with the greatest reluctance
that he supports it because the City desperately needs the
money, Mr. Leeson said if it does not obtain the revenue things
will be even worse than he is projecting. As a result, Mr.
Leeson commented he is going to support the Bill.
Ms. Szabo commented she would make one last effort to save
the youth from paying the EMST now because 30 years from now
they are going to be paying the enormous pension bond issue.
Ms. Szabo asked that the $1,000 exemption be raised higher
to prevent the children and older adults from paying it in
view of their lower incomes and part-time employment. Ms.
Szabo asked “if the Bethlehem Area School District wants
to play scrooge and make it $1,000 then why can’t we
go ahead and collect our $47 and let the scrooges collect
their $5.”
Mr. Reichard, confirming that the Bethlehem Area School
District is responsible for collecting the EMST, affirmed
it is the way the current OPT is collected whereby $5 goes
to the Bethlehem Area School District and the City retains
$5.
President Schweder observed this is another Bill where there
could be a debate between what the Administration presented
and what was learned through the process. He continued on
to point out that reports in the newspapers show that most
other communities that are part of the Bethlehem Area School
District are not doing the same thing that the City is doing.
President Schweder, focusing on the Amendment to the Bill
forwarded by the Tax Administrator (Communication 7 D read
earlier), affirmed that for 40 years employers who collected
the OPT tax for the City got 2% and that 2% will now be eliminated.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, and Ms. Szabo, 6. Voting NAY: Mr. Schweder,
1. Bill No. 63 – 2004 was declared passed on First Reading.
B. Bill No. 64 – 2004 – Zoning Ordinance Text
Amendment – Establishing Article 1304.08 – RR
Overlay – Township Line Road
The Clerk read Bill No. 64 – 2004, Zoning Ordinance
Text Amendment – Establishing Article 1304.08 –
RR Overlay – Township Line Road, sponsored by Mr. Arcelay
and Mr. Donchez, and titled:
AN ORDINANCE AMENDING ARTICLE 1304
OF THE ZONING ORDINANCE OF THE CITY OF
BETHLEHEM, PENNSYLVANIA, AS AMENDED,
ENTITLED R-R RESIDENTIAL DISTRICT.
Ms. Szabo, recalling the RR Overlay that was adopted for
Creek Road and Friedensville Road, noted the developer modified
the plan so that it would be acceptable to the area residents
and City Council. Ms. Szabo asked if the developer took 100%
of the RR zoned land or just a portion.
Darlene Heller, Director of Planning and Zoning, confirmed
that the developer utilized the RR Overlay for 100% of that
one parcel of land for which the RR Overlay was created. In
further response to Ms. Szabo as to any interference with
other buildings, Ms. Heller explained that the Overlay zone
was done for one parcel and it is a fee simple subdivision
which will create about 26 units. Ms. Heller continued on
to confirm to Ms. Szabo that the RR Overlay for Creek Road
and Friedensville Road was for one lot that will be subdivided
into 26 lots and it encompassed all of the RR parcel that
was approximately 9 acres in size.
Ms. Szabo asked how much acreage remains that is not included
in the present proposal to establish an RR Overlay on Township
Line Road.
Ms. Heller, replying that the proposal pertains to 10 acres,
explained she does not know how many acres are in the RR zone
in the North end of the City. Ms. Heller, in further response
to Ms. Szabo, acknowledged there could be more Overlays proposed
but each would come before the Planning Commission and City
Council for consideration.
Ms. Szabo said that the destruction of the RR zone bothers
her very much.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No.
64 – 2004 was declared passed on First Reading.
11. RESOLUTIONS
A. Approving Intermunicipal Liquor License Transfer Request
– Tatamy Hotel to 102 West Fourth Street
Mr. Mowrer and Mr. Leeson sponsored Resolution 14,540 which
approved the application from LAJJ Restaurant Group, LLC,
for the transfer of Restaurant Liquor License No. R-19528
from the Borough of Tatamy to 102 West Fourth Street, Second
Floor, Bethlehem.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
12. NEW BUSINESS
Public Works Committee
Mr. Mowrer, Chairman of the Public Works Committee, announced
a meeting for February 1, 2005 to receive an update on the
strategic plan.
Communication
Ms. Szabo, asserting there has to be communication before
ten minutes before a meeting, expressed she will hound everyone
until there is a reasonable time to look into things and vote
intelligently instead of by a gut feeling.
Slot Machines – South Bethlehem
Mr. Leeson, turning to coverage about the issue of slot
machines in South Bethlehem at the site of the former Bethlehem
Steel Corporation property, and affirming he is not enamored
of the concept, confirmed that local government does not have
much say as to whether or not slot machines are instituted.
Mr. Leeson, noting there have been some exciting news stories
about the potential spillover effect from slot machines if
they come to Bethlehem, observed the way the law is written
the City has practically no control over the situation. Mr.
Leeson continued on to note that each of the developers seem
to be making almost competing statements about what they are
going to do and how the community will benefit. Mr. Leeson
commented it must be kept in mind there is nothing the City
can do to make the developers live up to their public representations
and assurances, except one thing. Mr. Leeson stated that is,
if slot machines come to Bethlehem, the applicant will have
to come to the City for permits and a developer’s agreement.
Mr. Leeson continued on to say that will be the City’s
one and only chance to make sure that the developer puts in
writing the public representations and assurances they propose
for the community. Mr. Leeson stressed that the City needs
to be vigilant and aggressive in making sure the developer
puts in writing whatever good things they propose to do for
the community. Otherwise, he pointed out, they are unenforceable.
Mr. Leeson commented that the City needs to start thinking
about such matters to ensure that what the City wants to see
happen does happen.
Mayor Callahan said rest assured that the Administration
will hold any developer to any and all representations they
make in regard to the matter.
Mr. Mowrer, commenting that he wants to reinforce what Mr.
Leeson and Ms. Szabo just said, stated his recommendation
on information for Council meetings is that everything the
Members of Council receive in their informational packets
on Friday is complete and that the Members should not be presented
with anything else on the Tuesday evening of the meeting unless
it is an emergency.
13. COURTESY OF THE FLOOR
Committee on Investigations
William Scheirer, 1890 Eaton Avenue, noting he has heard
rumors about allegations of waste, fraud, and abuse, commented
they are simply what one can expect with any city government.
He continued on to say this is not the best of situations,
and observed that, by definition, rumors are not solid enough
to bring to the District Attorney or the State Police. Mr.
Scheirer expressed his opinion that what is needed is a way
to clear the air by investigating such allegations to either
dismiss them or to proceed to a more serious level. While
commenting that a model might be the General Accounting Office,
which reports to the Congress on much more than accounting
matters, Mr. Scheirer thought perhaps the simplest and the
best model would be the investigating committees of the Congress.
Mr. Scheirer proposed that City Council for this coming year
establish a committee on investigations, and combine two other
committees, so that the number of chairs will remain the same.
He said such a committee could hold public hearings on allegations
that had sufficient credibility and that were capable of resolution.
Mr. Scheirer expressed his hope that it would be possible
for such a committee to conduct itself in such a scrupulous
way that all would agree that it was to the benefit of all.
Grading of Speakers
Stephen Antalics, 737 Ridge Street, graded the Business
Administrator, the Mayor, each individual Member of Council,
and the City Clerk, on public speaking.
14. ADJOURNMENT
The meeting was adjourned at 8:59 p.m.
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