Council Minutes

October 18, 2005 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, October 18, 2005 – 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 Doctor Len Deroche, Unitarian Universalist Church of the Lehigh Valley, 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.

PUBLIC HEARING - Proposed 2006 Action Plan - Community Development Block Grant (CDBG) and HOME Investment Partnership Programs

President Schweder stated that, prior to the consideration of the regular Agenda items, City Council will conduct a Public Hearing on the Proposed Action Plan for 2006 that includes funding under the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs.

President Schweder called the Public Hearing to order.

7 E. Director of Community and Economic Development – Proposed Revised 2006 Action Plan –Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs

The Clerk read a letter dated October 12, 2005 from Tony Hanna, Director of Community and Economic Development, attached to which were the activities proposed for the City's 2006 Action Plan that includes funding under the Community Development Block Grant and HOME Investment Partnership Programs. Estimated federal funding levels for 2006 were $1,900,000 for the CDBG Program and $600,000 for the HOME Program. It was noted in the letter that, based on the recommendations of the Community Development Committee at its meeting on September 14, 2005, several adjustments have been made. The amount allocated to ArtsQuest increased from $10,000 to $40,000 to include funding in the amount of $30,000 for equipment for a glass blowing studio, in addition to the $10,000 for an ADA door at the Banana Factory initially recommended. As a result, Contingency has been decreased. Community Police funds from 2005 can be carried over to 2006, reducing Community Policing by $16,000. The new 2006 total for Public Services is $281,660. The change in allocation will not affect the number of Community Policing officers that will be funded through CDBG. The change will, however, bring the Public Services under the 15% maximum established by Housing and Urban Development (HUD) for Public Services. Attached to the letter was a brief description of each of the recommended activities for the FY 2006 Action Plan, as follows:

2006 CDBG Program: Acquisition/Demolition - $25,000; Saucon Park - $75,000; Southside Recreation Coordinator - $20,000; Public Works: Street Overlays - $30,000, Curb Ramps - $75,000, East 6th Street Reconstruction (Lynn Avenue to Aaron Street) - $240,000, Public Works Engineering - $10,000; Police: Existing three officers - $191,660, Overtime - $20,000; Community Action Committee of the Lehigh Valley (CACLV) – Financial Counseling - $25,000; Community Action Development Corporation - Bethlehem (CADC-B) – Micro-enterprise Counseling - $27,500; Lehigh Valley Center for Independent Living (LVCIL) – Disability/Accessibility Counseling - $25,000, LVCIL – Project RAMP - $20,000, ArtsQuest: ADA Accessible Door- $10,000, Equipment for Studio – $30,000; NHS of the LV – HOOP Delivery - $5,000, Bethlehem Redevelopment Authority: administration and program delivery - $109,300, housing rehabilitation delivery - $30,000, BethWorks/TIF/HUD Section 109 loan management - $15,000; Housing Rehabilitation: staff/delivery costs - $126,000, grants and loans - $60,000, relocation costs - $20,000; Economic Development: staff and delivery costs - $175,000, Façade Improvement Loan Program - $130,000, FRED Program - $220,000, BEAR Program - $10,000; Program Administration - $140,000, Planning – Greenway - $75,000; Community Development Consulting - $45,000; Contingency - $42,048.

CDBG Reprogrammed Funds ($116,508): Program Income - $25,422.86; CCCS amounts: $562.83, $12,000, and $5,000; Five Points Traffic Study - $257.27; Street Trees - $20,000; East Fifth Street - $3,265.56; East Sixth Street Reconstruction - $25,000; Public Works Engineering - $25,000.

2006 HOME Program: Habitat for Humanity - $150,000; Moravian House IV (CHDO) - $170,000; HOOP - $150,000; Housing Rehabilitation - $162,400

HOME Reprogrammed Funds: Alliance for Building Communities (ABC) contract - expired (CHDO) - $32,400.

Irene Woodward, Housing and Community Development Planner, presented a brief overview of the Community Development Block Grant and HOME Investment Partnership Programs, and recognized that this evening’s Public Hearing is part of the Citizens Participation Plan so that the City can receive input on the proposed activities. Ms. Woodward affirmed that copies of the 2006 Action Plan are available in the City Clerk’s Office, the Bethlehem Area Public Library, and the Community and Economic Development Department Office for review. The Plan will be on display until October 30, 2005 and any written comments can be submitted to the Community and Economic Development Department Office for consideration. Ms. Woodward confirmed that a detailed presentation on the Proposed 2006 CDBG and HOME Programs was given to the Community Development Committee on September 14, 2005. Ms. Woodward affirmed there were a few changes from the Programs presented at the Committee meeting, as follows: ArtsQuest - increasing amount by $30,000 for glass blowing studio equipment and, corresponding reduction in Contingency, in addition to a corresponding reduction in Contingency of $15,000 from the Police activity, to a new total of $42,048. Ms. Woodward, highlighting the CDBG funding categories, advised the 2006 Program includes Public Facilities - 6%, Infrastructure - 19%, Economic Development - 35%, Public Services - 14%, Housing – 12%, and Planning - 14%. Activities include Saucon Park Improvements, continued funding of Economic Development Loan Programs, services for Financial Counseling, Community Policing, Microenterprise, and Accessibility Counseling. In addition, there is a new project, Project Ramp, that would help to either replace or build new ramps for handicapped accessibility for citizens in Bethlehem, as well as continued funding of many previous activities.

Ms. Woodward advised that, under the HOME Program, four activities are recommended for funding including Habitat for Humanity, Moravian House IV, and continuation of both the HOOP and Housing Rehabilitation Programs.

No one from the Public commented.

The appropriate Resolution will be placed on the November 1 Council Agenda.

The Public Hearing was adjourned at 7:40 p.m.

4. APPROVAL OF MINUTES

President Schweder advised that minutes will be available for approval at the November 1 Council Meeting.

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

President Schweder announced that, for anyone wishing to speak on the rezoning of Linden Street and Oakland Road, the request has been withdrawn, and the letter withdrawing the request will be read under Communications.

In addition, President Schweder advised that the following two Resolutions for Certificates of Appropriateness will not be considered this evening: Resolution 11 F and 11 H.

6. OLD BUSINESS

Police Staffing

Mr. Arcelay stated he has been unsuccessfully trying to retrieve information from Francis Donchez, Police Commissioner, concerning the TAC force evening shift since the beginning of September. Mr. Arcelay, saying he would like to find out if there is a reasonable time frame for response, noted that telephone calls and memorandums have already been exchanged. Mr. Arcelay expressed he does not know how to otherwise ask the Police Commissioner if he can have the information.

Francis Donchez, Police Commissioner, stated “I believe that I’ve answered your request in that last year when you requested [it] we did quite a bit of work, [and] compiled a comprehensive list of…several months of schedules, day in and day out, all the shifts, for every day. You had come to my office a couple months ago. We sat and we spoke about the scheduling issues. Your most recent request of wanting four months worth of every single day’s shift is somewhat problematic. Number one, we need to assign somebody to compile all that information which seems to be an unnecessary drain on taxpayer resources. In addition to that, in my memo to you I’ve answered the way we handle staffing. If you have a specific date, for instance, if you said on January 17th on the 3 to 11 shift I believe that you were short on manpower, or there was a certain problem, we could certainly go to that date, pull up that data, and I could offer you a reasonable explanation, I’m sure, if we were short, why we were short. But, I don’t believe that a blanket request of four months worth of scheduling is reasonable or prudent.”

Mr. Arcelay, affirming his first request was generated last year, explained what he was looking for was trends. Mr. Arcelay continued on to say “an answer for one day here and there will not fulfill the request that I am asking.”

Mr. Arcelay posed questions to Christopher Spadoni, City Council Solicitor, as follows. “In the course of trying to do my job, sitting on Council, the need for information is critical…During the first set of questions that were asked, last year when we got the charts we arrived at a conclusion, and because of that we have a task force. I’m merely trying to compare information, and my question…[is] am I being unreasonable in my request; and, secondly, how can I apply the Right to Know Act since I’ve been asking for this information for about one month. I’d just like to get the information. It was received the first time with no problem, and now it seems to be having a lot of problems.”

Attorney Spadoni responded “the answer to the first question is no, you’re not being unreasonable; and, the second question may be a little more difficult to answer. Is there a list of material that you have requested. I don’t know that.”

Mr. Arcelay replied it was a specific list, item by item, and it matches the initial list that he had requested about a year ago.

Attorney Spadoni inquired “is it appropriate that you ask the Commissioner, through the Administration, to respond to that, point by point.”

Mr. Arcelay expressed the belief that he had the memorandum sent through the City Clerk’s Office with a copy to the Mayor so that he could be made aware of the request as well, but there is still no response.

Attorney Spadoni, noting there are procedures under the Right to Know Act and other information gathering acts for either a citizen and particularly a person in a legislative capacity, said he would ask that the list be made and be responded to. Adding if there is some sensitivity or other issue such as protected information or confidential information that can be redacted, Attorney Spadoni said “but, certainly, I believe you’re totally in order.”

Mr. Arcelay commented this is very important information, nothing that is highly secretive, and it is for arriving at conclusions. Mr. Arcelay noted he did reply to questions that a day here or a day there is not going to satisfy what he is trying to resolve.

Police Commissioner Donchez, advising there has been some information, said “it’s not the TAC shift and night shift schedules that you requested last year that prompted the Mayor’s Community Policing Task Force, let’s be very clear on that…”.

Mr. Arcelay said “I would beg to differ strongly with you, but rather than get into a discussion about disagreeing or agreeing, I basically would like the information at this point. And, I’d like for Mr. Spadoni to possibly help me draft up the letter, and I believe within five days we should be getting the information. I feel that as an elected official, I shouldn’t be having to go through hoops to receive information. It’s simple information.”

Police Commissioner Donchez expressed “I believe the Administration has supplied you with the overall general application of our manpower and our reasons for that manpower. I’ve stood at this microphone before and explained why we assigned more people during the day…”.

President Schweder stated, as the presiding officer of this body, he thinks that a request for any information by any Member of City Council is something that should be answered, and is not something subject to the interpretation of a Department Head as to whether it is appropriate or not. President Schweder recalled “we sat here last year through the debate, and I have long advocated staff, but Mayor Callahan assured us that any request coming from any Member of Council would be answered in a forthright and timely fashion at that time. And that Mr. Arcelay’s not spoken to me prior to this Meeting about this, but it would seem to me that it’s a legitimate request from him as it would be from any one here for any information, and it should be honored. And, I’d ask the Mayor to respond to that.”

John Spirk, City Solicitor, advised, with regard to the Right to Know Act, he sees a difference between the Commissioner meeting with Mr. Arcelay and giving him whatever he wants, and setting a precedent under the public Right to Know Act to release a history of every Officer on the street, on what day, and what time, and at what location for four months.

President Schweder observed “we’re getting lost here, in the issue, and I would hope that we would never go under Freedom of Information Act. This should be the normal flow of information from an Administration position to City Council…”.

Attorney Spirk further advised, under the parameters of the Right to Know Act, he was reluctant to release a list of those kinds of manpower deployments for the Police for public safety reasons. Attorney Spirk continued on to say “in terms of Mr. Donchez meeting with Mr. Arcelay, which I think he’s indicated he’d be happy to do, and share all that information with Council, I just see a difference. So, I’m only speaking to the public Right to Know Act, and the possibility of endangering the deployments that are done by the Police. That to me is a separate question from whether he can meet with the Department Head and find out anything he wants…”.

Mr. Arcelay, explaining that is not what he is asking for at all, said “I’m asking for what you gave me the first time. I didn’t go through hoops the first time, and I shouldn’t have to go through it now, and I shouldn’t have to be badgering two lawyers. It’s really a shame, and I would like for Mr. Spadoni to draft up a letter requesting under the Right to Know Act the information I’m asking for, and the specific information. It’s not information that I can sit in a conference with Mr. Donchez and resolve. It has to do with facts and figures, and it doesn’t have to do with every single Officer, or every single location…The information is simple and basic.” Attorney Spadoni, in response to Mr. Arcelay, noted he could draft the letter tomorrow. Mr. Arcelay expressed the belief that the requested information would be received within five days and should be some time next week.

7. COMMUNICATIONS

A. Director of Planning and Zoning – Street Vacation – Raspberry Street

The Clerk read a memorandum dated October 7, 2005 from Darlene L. Heller, Director of Planning and Zoning, to which was attached information forwarded to the Planning Commission and correspondence from Attorney William Matz, attorney for property owners El Shaddai Bethlehem Ministries, requesting a street vacation for Raspberry Street. At their meeting of September 8, the Planning Commission voted unanimously to recommend approval of the vacation of the western portion of Raspberry Street which runs between Dellwood Street and Park Place subject to the following conditions: (1) The Public Works Department shall review and approve the vacation; (2) a professional survey shall be completed to delineate the necessary easement area; (3) all easements to the City and to abutters shall be reviewed and approved by the City Solicitor prior to the approval of the final vacation; (4) this portion of Raspberry Street shall be clearly marked as one way; and (5) the vacation and any conditions of the vacation shall be noted on the final El Shaddai Bethlehem Ministries plan. The Planning Commission also voted unanimously to recommend denial of the vacation of the eastern portion of Raspberry Street from Hawthorne Road to East Broad Street because abutting properties continue to require access to this portion of Raspberry Street.

President Schweder requested that the Law Bureau draft the appropriate Ordinance to be placed on Council’s Agenda at a future meeting.

B. Business Administrator – 2005 State Aid – Pension

The Clerk read a memorandum dated October 3, 2005 from Dennis Reichard, Business Administrator, advising that the check for State Aid Pension Funding was received on September 22, 2005 payable to the Treasurer of the City of Bethlehem in the amount of $2,514,097.66. The proceeds have been allocated as follows: Police Pension Fund - $1,013,849; Fire Pension Fund - $636,326; O&E Pension Fund - $1,037; PMRS Pension Fund – $180,178.88; and Pension Bond Payment - $682,706.78.

President Schweder stated that Resolution 11 A is listed on the agenda.

C. Police Commissioner – Highway Safety Project Grant – DUI Program

The Clerk read a memorandum dated October 10, 2005 from Francis R. Donchez, Police Commissioner, requesting that a Resolution be placed on the October 18 Agenda that is required as part of a grant application to the Commonwealth of Pennsylvania Department of Transportation to fund DUI Checkpoints and Cops in Shops Alcohol Enforcement patrols. The funding period is from October 1, 2005 through September 30, 2006 in the amount of $29,998.

President Schweder stated that Resolution 11 C is listed on the agenda.
D. Police Lieutenant – J.A.G. Grant

The Clerk read a memorandum dated October 11, 2005 from Police Lieutenant Joseph Kimock requesting a Resolution to accept the 2005 Byrne Justice Assistance Grant (JAG) Program Award in the total amount of $61,782. The City of Bethlehem and the City of Easton applied jointly. Bethlehem will receive $34,997 and Easton will receive $26,785. It has been agreed to by both cities that the Easton will pay Bethlehem 10% of their award to administer the grant. The original proposal as to the intent and amounts of money to be spent has not changed from what was proposed to Council at the Public Hearing on March 15, 2005.

President Schweder stated that Resolution 11 D is listed on the agenda.

E. City Council Solicitor - Amending Rules of Council

The Clerk read a memorandum dated October 7, 2005 from Christopher T. Spadoni, City Council Solicitor, to which was attached a draft resolution proposed to amend the Rules of Council pertaining to time limits for speakers, and confirming that in accordance with the Rules of Council, any amendments to the Rules shall be adopted only by the affirmative vote of four Members of Council.

President Schweder advised that a Resolution will be considered at a future Council Meeting.

F. Bethlehem Authority – Potential Land Sale – Dodson Street Property

The Clerk read a letter dated October 14, 2005 from Stephen Salvesen, Executive Director of the Bethlehem Authority. The Bethlehem Authority has been in conversations with the Wildlands Conservancy and the County of Lehigh on the potential sale of property on Dodson Street owned by the Bethlehem Authority in Salisbury Township. The property has been classified as a redundant holding in that it has no future potential use for water distribution and affords no watershed protection value. It is the Bethlehem Authority Board's desire to sell the property to Lehigh County for inclusion in their park and recreation system, which will insure the unspoiled nature of the area. Lehigh County owns a substantial amount of property adjacent to this tract and County officials see this as a natural expansion of an existing open lands area. The County has commissioned an appraisal and it has been determined that the land, as is, would be valued at $790,000 or $6,000 per acre. The Bethlehem Authority had a review appraisal performed that supported the value and suggested that the appraisal could also support $6,500 per acre. The Director of Planning for Lehigh County has requested more substantial evidence supporting the higher price, and the Bethlehem Authority Board has authorized the expenditure of $3,500 for its own appraisal. The Authority Board has requested that City Council review the proposal to sell this property in anticipation of an agreement being reached between the Bethlehem Authority and the County of Lehigh. A positive affirmation is requested so that the matter can proceed to a conclusion. The final agreement of sale and the specific language included would be presented to City Council for their review.

President Schweder referred the matter to the Public Works Committee.

President Schweder asked that additional Communication 7 G be read into the record.

G. Withdrawal of Petition for the Rezoning of Linden Street and Oakland Road

The Clerk read a letter dated October 17, 2005 from Erich J. Schock, of Fitzpatrick Lentz and Bubba, P.C., in which it was stated “on behalf of our client, Commerce Bank, we wish to withdraw the petition to rezone the property at Linden Street and Oakland Road. Accordingly, please remove Bill 48 from your agenda on October 18.”

8 . REPORTS

A. President of Council

None.

B. Mayor

None.

C. Finance Committee

Mr. Donchez, Chairman of the Finance Committee, presented an oral report of the Committee’s meeting held on October 13, 2005 on the following subjects: Amending Community Development Budget – Greenway Consulting and KIZ Transportation Linkage Project; Transfer of Funds – Ridge Street Demolition; Transfer of Funds – Golf Course – Overtime; Transfer of Funds – Parks Maintenance – Overtime; Transfer of Funds – Mechanical Bureau – Equipment Repairs; Transfer of Funds – Streets – Overtime; Transfer of Funds – Police Department – Temporary Help; Transfer of Funds – Police Department – Salaries; Transfer of Funds – Police Department – Salaries; Amending General Fund Budget – Police Department – LCB Grant; Transfer of Funds – Planning Bureau – File Cabinet; Transfer of Funds – Housing Inspections – Overtime; Amending Community Development Budget – Comprehensive Planning, BEAR Program, Bethlehem Visitors Center, Saucon Park Improvements, and Moravian House IV; Change Order No. 2 - Wastewater Treatment Plant – Digester Optimization; Transfer of Funds – Water and Sewer Capital Budgets – Communication System Upgrade; Transfer of Funds – Sewer Maintenance – Overtime; Transfer of Funds – Sewer Capital Budget – Collection System – New/Renewal; Transfer of Funds – Fire Department – Overtime; and Transfer of Funds – City Clerk’s Office – Overtime.

D. Public Works Committee

Mr. Mowrer, Chairman of the Public Works Committee, presented an oral report of the Committee’s meeting held on October 18, 2005 on the following subject: Rules and Regulations Change – Engineers’ and Electricians’ Civil Service Board.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 45 – 2005 – Rezoning East Fourth Street/Route 412 Vicinity – HI – Heavy Industrial District to IR – Industrial Redevelopment District

The Clerk read Bill No. 45 – 2005, Rezoning East Fourth Street/Route 412 Vicinity – HI to IR, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 45 – 2005, hereafter to be known as Ordinance 4343, was declared adopted.

B. Bill No. 46 – 2005 – Amending Article 1317 – HI District – Adding Permitted Uses

The Clerk read Bill No. 46 – 2005, Amending Article 1317 – HI District – Adding Permitted Uses, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 46 – 2005, hereafter to be known as Ordinance 4344, was declared adopted.

C. Bill No. 47 – 2005 – Amending Article 1317A – IR District – Adding Permitted Uses

The Clerk read Bill No. 47 – 2005, Amending Article 1317A – IR District – Adding Permitted Uses, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 47 – 2005, hereafter to be known as Ordinance 4345, was declared adopted.

10. NEW ORDINANCES

President Schweder confirmed that, as he stated earlier, Bill No. 48 – 2005, Rezoning Linden Street and Oakland Road – RR – Residential District to CG – General Commercial District, has been withdrawn.

B. Bill No. 49 – 2005 – Amending General Fund Budget – Police Department – LCB Grant

The Clerk read Bill No. 49 – 2005, Amending General Fund Budget – Police Department – LCB Grant, sponsored by Ms. Szabo and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2005.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 49 – 2005 was declared passed on First Reading.

C. Bill No. 50 – 2005 – Amending Community Development Budget – South Side Greenway

The Clerk read Bill No. 50 – 2005, Amending Community Development Budget – South Side Greenway, sponsored by Ms. Szabo and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE COMMUNITY DEVELOPMENT BUDGET FOR 2005.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 50 – 2005 was declared passed on First Reading.

D. Bill No. 51 – 2005 – Amending Sewer Capital Budget – Collection System – New/Renewal

The Clerk read Bill No. 51 – 2005, Amending Sewer Capital Budget – Collection System – New/Renewal, sponsored by Ms. Szabo and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2005 CAPITAL BUDGET FOR SEWER UTILITIES

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 51 – 2005 was declared passed on First Reading.

E. Bill No. 52 – 2005 – Amending Non-Utility Capital Budget – KIZ Transportation Linkage Study

The Clerk read Bill No. 52 – 2005, Amending Non-Utility Capital Budget – KIZ Transportation Linkage Study, sponsored by Ms. Szabo and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2005 CAPITAL BUDGET FOR NON-UTILITIES.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 52 – 2005 was declared passed on First Reading.

11. RESOLUTIONS

A. Allocating 2005 State Pension Aid

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,700 that allocated $2,514.097.66 of 2005 General Municipal Pension System State Aid among the City's pension plans as follows: Police Pension Plan - $1,013,849, Firemen's Pension Plan - $636,326, PMRS - $ 180,178.88, Officers’ and Employees’ - $1,037, and Pension Bond Payment 5/1/05 - $682,706.78.

Mr. Leeson inquired whether there is a legal opinion on allocating money for the Pension Bond Payment from the State Pension Aid funds.

Dennis Reichard, Business Administrator, replied yes, and advised that City Council will have the opinion this week. Mr. Reichard, advising the Municipal Pension Plan Funding Standard and Recovery Act allows it to be done, further informed Mr. Leeson that the opinion is from the State.

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

B. Authorizing Execution of Grant Application – South Bethlehem Greenway

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,701 that authorized the execution of a grant application in the amount of $800,000 through the Department of Conservation and Natural Resources for the Bethlehem Greenway project in South Bethlehem.

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 Grant Documents – Highway Safety Grant Project

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,702 that authorized the Mayor and Controller to execute grant documents for Highway Safety Grant Project No. J8 06-40-1 with the Pennsylvania Department of Transportation in the amount of $29,998 to fund DUI Checkpoints and Cops & Shops Alcohol Enforcement patrols.

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

D. Authorizing Execution of Grant Documents – J.A.G. Grant

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,703 that authorized the execution of grant documents for a $61,782 Edward Byrne Memorial Justice Assistance Grant. The City’s portion, $34,997, will be used to fund the Police Department’s bicycle unit, update computers and electronic equipment, and provide officers to work overtime at the high and middle schools and parks.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution passed.

President Schweder confirmed that, as he stated earlier, the following Resolutions will not be considered this evening:

11 F. Certificate of Appropriateness – 10 East Church Street
11 H. Certificate of Appropriateness – 318 West Street

President Schweder noted he had been unable today to discuss technical questions he had regarding Resolution 11 F with the Zoning Officer.

E. Certificate of Appropriateness – 64 Wall Street

Mr. Mowrer and Mr. Leeson sponsored Resolution 14,704 that granted a Certificate of Appropriateness to paint the exterior, construct a new roof, and add fencing and a gate at 64 Wall Street.

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

G. Certificate of Appropriateness – 535 Main Street

Mr. Mowrer and Mr. Leeson sponsored Resolution 11 G that granted a Certificate of Appropriateness to install a new front door and add signage at 535 Main Street.

Ms. Szabo requested that Resolution 11 G not be considered this evening. Ms. Szabo noted that she visited the site over the weekend and has questions about the new front door that would bring part of the development into the walkway on Main Street.

I. Certificate of Appropriateness – 132 East Market Street

Mr. Mowrer and Mr. Leeson sponsored Resolution 14,705 that granted a Certificate of Appropriateness to remove the vestibule and add porch columns and railings at 132 East Market Street.

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

J. Certificate of Appropriateness – 41 East Market Street

Mr. Mowrer and Mr. Leeson sponsored Resolution 14,706 that granted a Certificate of Appropriateness to construct additions at the rear of 41 East Market Street

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

Motion – Considering Resolutions As A Group

Mr. Donchez and Mr. Arcelay moved to consider Resolutions 11 K through 11 X as a group.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

K. Transfer of Funds – Ridge Street Demolition

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,707 that transferred $27,390 in the Non-Utility Capital Budget from the Johnston Park Wall Repair Account to new Ridge Street Demolition Account to provide funding to pay an invoice for demolition of 620-622 Ridge Street.

L. Transfer of Funds – Golf Course – Overtime

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,708 that transferred $3,000 in the Golf Course Enterprise Fund Budget from the Golf Course – Salaries Account to the Golf Course – Overtime Account to provide additional funding for the account through the end of the year for scheduled weekend work.

M. Transfer of Funds – Parks Maintenance – Overtime

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,709 that transferred $11,800 in the General Fund Budget from the following: $2,400 - Parks Maintenance – Temporary Help and $9,400 - Parks Maintenance – Salaries Accounts to Parks Maintenance – Overtime Account to provide additional funding needed in the account.

N. Transfer of Funds – Mechanical Bureau – Equipment Repairs

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,710 that transferred $60,000 in the General Fund Budget from the following: $10,000 - Mechanical Maintenance – Equipment and $50,000 - Unforeseen Contingency Accounts to the Mechanical Maintenance – Equipment Repairs Account to provide additional funding needed in the account.

O. Transfer of Funds – Streets – Overtime

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,711 that transferred $5,000 in the General Fund Budget from the following: $2,000 - Unforeseen Contingency and $3,000 - Streets Bureau – Department Contracts Accounts to the Streets Bureau – Overtime Account to provide additional funding needed in the account.

P. Transfer of Funds – Police Department – Temporary Help

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,712 that transferred $5,000 in the General Fund Budget from the Police Department – Uniforms Account to the Police Department – Temporary Help Account to meet obligations through the end of the year.

Q. Transfer of Funds – Police Department – Salaries

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,713 that transferred $40,000 in the General Fund Budget from the Unforeseen Contingency Account to the Police – Salaries Account to replenish the account due to a previous transfer.

R. Transfer of Funds – Planning Bureau – File Cabinet

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,714 that transferred $250 in the General Fund Budget from the Planning and Zoning - Operating Supplies Account to the Planning and Zoning – Equipment Account for the purchase of a file cabinet.

S. Transfer of Funds – Housing Inspections – Overtime

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,715 that transferred $5,000 in the General Fund Budget from the Community and Economic Development Department – Salaries Account to the Housing Inspections – Overtime Account to cover overtime costs for inspections.

T. Transfer of Funds – Water Capital Budget – Communication System Upgrade

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,716 that transferred $50,000 in the Water Capital Budget from the Membrane Filter Technology Evaluation Account to new Communication System Upgrade Account to provide funding for upgrade of components to improve communications between the City and area hospitals.

U. Transfer of Funds – Sewer Capital Budget – Communication System Upgrade

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,717 that transferred $50,000 in the Sewer Capital Budget from the One Belt Filter Press Account to the Communication System Upgrade Account to provide funding for upgrade of components to improve communications between the City and area hospitals.

V. Transfer of Funds – Sewer Maintenance – Overtime

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,718 that transferred $18,122 in the Sewer Fund Budget from the Sewer General – Unforeseen Contingency Account to the Sewer Maintenance – Overtime Account to provide additional funds needed to cover overtime expenses.

W. Transfer of Funds – Fire Department – Overtime

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,719 that transferred $100,000 in the General Fund Budget from the following: $48,000 - Fire Department – Salaries and $52,000 -Unforeseen Contingency Accounts to the Fire Department – Overtime Account to maintain Overtime for the remainder of 2005.

X. Transfer of Funds – City Clerk’s Office – Overtime

Mr. Donchez and Mr. Mowrer sponsored Resolution 14,720 that transferred $306 in the General Fund Budget from the City Council – Other Expenses Account to new City Council – Overtime Account to provide funding needed for overtime.

Voting AYE on Resolutions 11 K through 11 X: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolutions passed.

12. NEW BUSINESS

Committee Meeting Announcements

Chairman Donchez announced a Finance Committee meeting on Tuesday, November 1 at 6:00 PM in Town Hall on Proposed Increases in 2006 Golf Fees, Recreation Fees, and Subdivision and Land Development Review Fees, in addition to proposed increases in Food Establishment Inspection Fees.

Chairman Mowrer announced a Public Works Committee meeting on Thursday, November 10 at 7:00 PM in Town Hall on the Act 537 Plan.

Chairwoman Szabo announced a Community Development Committee meeting on Tuesday, November 15 at 6:00 PM in Town Hall on the Elm Street Program.

13. COURTESY OF THE FLOOR

Odors and Flea Infestation – Spring Street

Frank Voce, advising his girlfriend recently bought property on Spring Street, notified the assembly that six months afterwards in the spring they recently started having problems with odor coming from the neighbor. Mr. Voce, affirming they have contacted the Health Bureau, noted his girlfriend wrote letters but has not received a response from the City. However, Mr. Voce continued on to inform the Members that, in June when they started having a flea infestation, the Health Bureau came to the site and did things very slowly. Mr. Voce explained he was told by Scott Sterner, of the Health Bureau, that “his hands were tied.” Mr. Voce, highlighting the fact that there are City Ordinances, communicated the residents on Spring Street are wondering if there is anything that City Council can do to help out the Bureau.

Tony Hanna, Director of Community and Economic Development, explaining that a fair amount of time has been spent on the situation, noted that the Members of Council received a copy of an extensive response from Jessica Lucas, of the Health Bureau, to an inquiry from Mr. Arcelay about a similar inquiry from Mr. Voce regarding whether or not more stringent legislation should be passed to address the situation. Confirming that the Housing and Health Inspectors were at the site, Mr. Hanna thought the situation is getting under control at this point. Mr. Hanna added there were some difficulties in terms of access to the problem property. Mr. Hanna commented if any changes were needed in the Health Code they would be addressed with Council. Mr. Hanna stated he would speak with Mr. Voce tomorrow concerning the matter.

Parking on Spring Street and at Calypso School

Mr. Voce, stating that Calypso School is in front of their property on Spring Street, inquired about teachers being allowed to park in certain areas.

President Schweder, observing it probably would have been a decision made by the School District, commented the matter could be researched.

Time Limits for Speakers

Stephen Antalics, 737 Ridge Street, stated he would like to leave some information with City Council to assist them in making a decision about limitation of the Courtesy of the Floor to five minutes. Mr. Antalics, recalling that the current time limit of 12 minutes was based upon one citizen continuing on for 40 minutes, expressed that the decision was based more on an emotional consideration than on statistical data. Mr. Antalics further recounted that the current proposal for limiting the Courtesy of the Floor to five minutes came from a comment about how well the five minute limitation worked at the widely attended September 19, 2005 Public Hearing relative to a proposal to prohibit gambling in Bethlehem. Mr. Antalics pointed out that the comments of the many people who spoke at the Public Hearing were mostly to explain their yes or no position, while the four substantive speakers at the Public Hearing, who he said were a psychologist, a minister, and two college professors, after extensive study presented their case but were not allowed to continue when they violated the five minute rule. Mr. Antalics highlighted the fact that all four speakers were supporting anti-gambling. Mr. Antalics stressed that if a person comes to a City Council Meeting to speak, they may have to wait to speak from one to two or three hours until the business portion of the Agenda has been concluded, and asserted “they invest that time to wait.” Mr. Antalics felt that to say limiting the time to five minutes allows more people to speak is irrational. Mr. Antalics notified the Members that he did a study of Council Minutes, not including the meetings on development of the former Durkee site and the casino issue, and at 110 Courtesies of the Floor 343 people spoke so at the average Courtesy of the Floor 3.1 citizens spoke. Mr. Antalics informed the Members that if the citizens spoke for 12 minutes they took 36 minutes of Council’s time, and if they spoke for 5 minutes they are taking 15 minutes of Council’s time. Mr. Antalics questioned what is the rationale to penalize citizens if they wait that time for business to be over so they can speak to Council because they are only adding 15 minutes of Council’s time. Mr. Antalics exclaimed that to take the September 19 Public Hearing to use as justification for a five minute time limit for speakers is very irresponsible, and reflects on the penchant of the person to limit public input. Mr. Antalics stressed that his opinion is based upon facts rather than emotion, and explained he does not see a rationale for a five minute time limit.

Proposed Municipal Waste Collection System; Affordable Housing

Dana Grubb, 2420 Henderson Place, complimented the Mayor on the proposed program to zone solid waste collection. Mr. Grubb urged City Council to look at the proposal as a package, and felt it was a step in the right direction to address a quality of life issue in the City’s neighborhoods.

Mr. Grubb, while stating they do have merit, said he is growing extremely concerned about the number of market rate and upscale housing developments being approved in the City, since he thinks the City is starting to lose track of the fact that many residents may be unable to enter the home ownership market. Mr. Grubb pointed out that in some communities developments of a certain size are required to provide a percentage of their developments in affordable housing, or contribute to an affordable housing trust fund. Focusing on the proposals at the Bethlehem Works and Bethlehem Commerce sites, Mr. Grubb communicated that as real estate values continue to appreciate in the area, a lot of residents may be unable to own a home or may sell their homes in view of increased value and have difficulty re-entering the housing market. Mr. Grubb expressed the opinion that the City needs to quickly incorporate provisions to facilitate the opportunity for low and moderate income housing throughout sections of the City.

Relinquishing Time to Speakers; Community Policing Task Force; Garbage Collection; Water Loss; Time Limits for Speakers

Dean Bruch, 625 Hawthorne Road, asked if he can give his speaking time to someone else. President Schweder, responding no, explained the rules that do not allow a speaker to relinquish time to someone else to speak, as each person is allowed to use their time to speak.

Mr. Bruch, turning to the Community Policing Task Force and an oversight board, said he sees some correlation, and added perhaps that needs to be worked on.

Mr. Bruch, focusing on the proposed program to zone solid waste collection, stressed that he does not see why the City would want to institute that portion of the proposal if people were to be awakened at 5:00 a.m. by a garbage grinder in front of their house.

Mr. Bruch inquired whether a determination has been made on the water loss issue.

Mr. Bruch, exemplifying that representatives explaining a project plan may take hours in front of City Council, asserted that giving citizens 5 minutes is deplorable.

Time Limits for Speakers; Majority Rule

Mary Pongracz, 321 West Fourth Street, said if City Council limits Courtesy of the Floor to 5 minutes for the public then the same rule should apply to the Members of Council. Ms. Pongracz stated that she personally thinks 12 minutes is not a long time if people have something to say. Ms. Pongracz acknowledged that, in order to give the greater majority the opportunity to speak during the September 19, 2005 Public Hearing concerning the proposal to prohibit gambling in Bethlehem, it was necessary to put a 5 minute time limit on speakers. However, Ms. Pongracz pointed out there are not 100 people signed up to speak at a City Council Meeting. Ms. Pongracz, stressing that people have a right to be heard, asserted that is why the place in which City Council Meetings are held is called Town Hall, and added this is for the people of the City to give Council their views.

Ms. Pongracz stated once Council makes a decision, the majority shall rule, and that means there shall be no back door attempt to circumvent a majority opinion by Council. Noting that Council made a 4 to 3 decision a few weeks ago, Ms. Pongracz said that decision shall stand, and there shall no subversive activities on the part of anyone on Council.

Street Vacation – Raspberry Street

Attorney William Matz, 211 West Broad Street, commented regarding Communication 7 A read earlier. Attorney Matz, noting there are two recommendations, said one is relating to vacating Raspberry Street from the eastern side of the property along the western side, and on the western side there is a recommendation to approve, and on the eastern side there is a recommendation to deny. Attorney Matz, affirming the recommendation was made at September 8, 2005 Planning Commission meeting, advised he and the owner of the property were not present at the meeting and as a result some of the communications necessary for the deliberations were limited. Attorney Matz stated that the three concerns raised, as he read in the minutes, had to do with taking into account access issues of adjacent property owners, maintenance and snow removal issues, and issues concerning agreement of parties to those issues. Attorney Matz explained, had he been at the Planning Commission meeting, he would have been able to communicate that those issues have been addressed, and there is a full agreement of the property owners to the issues raised by the Planning Commission. Attorney Matz added that he recently forwarded written material regarding the representation. Commenting that the reservations raised and the basis for them were based on his failure to appear, Attorney Matz commented that he believes the information would have taken care of the concerns raised, and wanted to make that part of the public record.

Conservation District and Environmental Advisory Council

Karen Dolan, 55 Bridle Path Road, advising that this afternoon she learned that Commerce Bank had withdrawn its request to rezone a parcel of land on Linden Street near Santee Mill Road, noted that immediate development pressures are not now being faced on the land. Affirming the land is zoned RR, rural residential, she observed the proposal indicated interest in creation of a housing development. Ms. Dolan suggested that the City take action as soon as possible to protect the environmental and historical resource that this and other parcels provide. Ms. Dolan, noting she is the vice president of the Monocacy Creek Watershed Association, strongly urged City Council to view the proposal and its withdrawal as a wake up call that there are portions of the City that are exceptional and need protection from the pressure of development. Ms. Dolan stressed that action to protect natural resources needs to be taken before developers submit plans that could potentially destroy them. Ms. Dolan, explaining she is a strong proponent of wise development in the City and supported the development of the former Durkee property, BethWorks Now, and other urban core development projects, said she believes in development where infrastructure already exists. Ms. Dolan stated that development of open parcels between Linden Street, Santee Mill Road, Township Line Road, and the City boundary north of Monocacy Creek is different in that they all connected to historical ties and were added to the County-controlled Archibald Johnston conservation area, and comprise the most important regeneration sources for Monocacy Creek. She highlighted the fact that the Creek is a trophy trout stream and high quality cold water fishery, and provides recreation. Pointing out that Monocacy Creek is spring-fed, Ms. Dolan explained that springs must be regenerated through deep water inside the ground. She noted this occurs in the open spaces north of the slopes of Camel’s Hump, and parcels are crucial for flood protection. Ms. Dolan explained when water must flow over paved or densely-lawned surfaces it brings with it trash and sediment that enters the Creek and results downstream can be disastrous. Ms. Dolan respectfully asked City officials to engage in actions that will protect this and precious few other areas of the City by creating a conservation zoned district, and supporting the efforts of citizens to form an environmental advisory council. She continued on to suggest that when the Comprehensive Plan is reviewed, the City should recommend a conservation zoning district, with the goal to protect the unique qualities of Santee Mill Road, a small portion of Township Line Road, Creek Road, and a small number of other areas with irreplaceable environmental qualities such as steep slopes and wetlands that if developed would negatively affect the ground water and flood control. As was proposed to the City several years ago by the Monocacy Creek Watershed Association, Ms. Dolan observed that an environmental assessment and map could be created to restrain development on environmentally sensitive lands while environmental impact studies were conducted which is allowable under the law.

Ms. Szabo, noting she has had several conversations with Ms. Heller, advised she is drafting amendments to the RR Zoning District, so there is the awareness of the need for immediate action.

Garbage; South Side Greenway; Crime; Trees; Time Limits for Speakers; Parking; Boarded Up Windows; and South Side Task Force

Eddie Rodriquez, 436 Pawnee Street, remarked that too much garbage is left in various sections of the City. Mr. Rodriquez asked if pallets are a health issue and if so why is it not enforced.

Mayor Callahan, noting that Mr. Rodriquez is speaking of a specific situation, commented it may be better to address it outside of the Council Meeting forum.

Mr. Rodriquez, focusing on a proposed skate board park in the vicinity of the Greenway project in South Bethlehem, stressed that is a negative environment. Mr. Rodriquez, referring to a newspaper article about the crime rate having risen, pointed out it is everything he has been saying and has seen.

Mr. Rodriquez advised that in the 1600 block of Union Boulevard going westbound there are very old trees and yesterday a very large branch fell, and said he is asking for enforcement. Mr. Rodriquez added there is a large tree on Church Street that needs to be addressed since it could fall down on a car.

Mr. Rodriquez noted that he gave pictures of the condition of the retaining wall at Saucon Park to Charles Brown, Director of Parks and Public Property, where trunks were left to grow.

Mr. Rodriquez, stressing that too much garbage is left out on properties such as when people move, advised that is the case at 613 Dakotah Street about which he contacted the Health Bureau.

Mr. Rodriquez said he has faith that Council will not allow the 5 minute time limit for speakers to happen, and encouraged Council not to do it.

Mr. Rodriquez related that parking at fire hydrants, corners, and double parking is causing more congestion, and asked the Police Commissioner to have the matter enforced.

Mr. Rodriquez said he would like to have enforcement of boarded up windows and newspapers in windows.

Mr. Rodriquez explained there are ex-block watch captains serving on the South Side Task Force.

14. ADJOURNMENT

The meeting was adjourned at 9:05 p.m.