Council Minutes

December 20, 2005 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, December 20, 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 Joel Atkinson, of Cathedral Church of the Nativity, 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 6, 2005 were approved.

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

Fire Department - Overtime

Darryl Kulp, 1101 Wood Street, stated he is at the Meeting as President of Bethlehem Firefighters IAFF Local 735. Mr. Kulp recounted that he addressed the Members in the past about the Overtime Budget in the Fire Department not being properly funded and the need for money to be allocated for training that is a key factor in the efficient and safe operations of the Fire Department. Mr. Kulp continued on to say that he also previously spoke to the Members about how long term injury or illness contributes to Overtime costs that are inflicted on the Fire Department’s budget in an unforeseen manner and paint a very misleading picture. Mr. Kulp thought if a hard look were to be taken at the Fire Department’s Overtime costs over the past five to ten years and remove long term injuries and illness it would be seen that sick leave is not really the problem. Rather, it is the lack of proper staffing levels. Mr. Kulp informed the Members that the Fire Department has put a light duty policy in place that stemmed from Union involvement to help address Overtime costs when an individual faces long term illness or injury. It is also designed to help get the Firefighter back to the line through rehabilitation and care under a physician. In addition, Mr. Kulp said it also saves the City some money in the long run in that the person is still working and not sitting at home doing nothing. Mr. Kulp explained the amount of sick leave that is allowed or accrued is not dictated by a contract and is governed by Third Class City Code. He notified the assembly that in the last contract negotiations Local 735 “agreed to more stringent sick leave policy which we did not have to do.” Mr. Kulp remarked that in the upcoming contract perhaps the Union should revert back to the Third Class City Code and “just leave it at that.” Mr. Kulp, stressing “this local does not condone sick leave abuse”, stated he “would like an interpretation of what you consider sick leave abuse.” Mr. Kulp continued on to say “I’d also like to pose the question if a Member of Council is aware of an alleged problem that a person has brought disinformation forward, has this person informed the proper people in charge so that if there is a problem the proper head of the Department can see to it that it gets taken care of, set forth by policies and rules and regulations that are currently in place. And, if they haven’t, why not. Has the Public Safety Committee over the past two years…[or] has anybody heard our cries and pleas to address our lack of staffing and our unsafe levels. I’ve made suggestions and propositions and put forth ideas as how to better utilize some of the Fire Department personnel to incorporate them doing some EMS duties to help offset the backlog and some of their problems, and just subsidize some of their work, and provide more service with people that are already in place. You don’t have to hire more people. You just have to train them. Once again, training [is] a key issue but money’s never been allocated to address these issues. I ask the Public Safety Committee, maybe during the course of this year somebody could seriously sit down and take a look at this. Putting our Overtime money in a Contingency Fund and making us come back in the middle of 2006 and beg for more money, to me it’s almost a legalized form of extortion. We know what it costs. We know where these problems stem from. So asking us to come back, really it’s ludicrous.” Mr. Kulp, communicating that when he comes home from his shift he knows he did his job to the best of his ability, wondered if some people on Council could say the same. He expressed “after all, I’m one man on a ladder company on the South Side doing the work of four.”

Firefighter Overtime – Hurricane Katrina Assistance

Jeff LeCompte, 446 Maple Street, asked how many Bethlehem Firefighters went to help in New Orleans after Hurricane Katrina. Kevin Moyzan, Fire Commissioner, replied one. In further response to Mr. LeCompte, Fire Commissioner Moyzan advised the Firefighter was there two weeks, the Firefighter did submit a request for Overtime pay for helping in New Orleans for approximately 240 hours of Overtime. Fire Commissioner Moyzan, further replying to Mr. LeCompte’s questions, advised that information to justify the Overtime request was eventually but not immediately forwarded to the Business Administrator, and the Firefighter received a check in the range of $7,000 for Overtime.

Mr. LeCompte, notifying the assembly he is a Firefighter for the City of Bethlehem, said he is thankful for the job and has tried to do a good job for the City. Mr. LeCompte continued on to say when the hurricane hit New Orleans several Firemen and he volunteered to help, and he was prepared to work long days in lousy conditions for as long as he was needed. Mr. LeCompte advised he was prepared to make self-sacrifices, not to seek self-gains. He remarked “in this time of great need and great tragedy I would have been ashamed and embarrassed to submit a request for one nickel of Overtime,” and highlighted the fact that he is also a taxpayer.

Fire Commissioner Moyzan commented that the money is totally reimbursed by FEMA, so there was no cost to the local taxpayers.

Final Budget Meeting - December 14, 2005

David Sanders, 69 East Goepp Street, reminded the assembly that City Council Meetings are public meetings. Mr. Sanders said his job is to report back to the public which he does every day, and speaks highly of the City Council Meetings. Mr. Sanders informed the Members that it was hard to understand what took place at the Final Budget Meeting on December 14, 2005. While explaining he understood the amendments proposed by Mr. Arcelay, Mrs. Belinski, and Ms. Szabo, Mr. Sanders said when it came to the amendments proposed by President Schweder and Mr. Donchez he “had no idea what was going on. We weren’t given copies of the numbers…”. Mr. Sanders advised his request for the future is “let the public know what’s going on,” and suggested that copies be placed on the table outside Town Hall so that the public can follow along. Mr. Sanders stressed “I think I deserve the right to know what’s going on.”

2006 Budget

Robert Pfenning, 2830 Linden Street, explained he was concerned to see the Members of Council approaching their figures for the 2006 Budget based very heavily on what was spent on the line items in 2005. Mr. Pfenning expressed he is afraid this will lead to a situation next September where Departments will purchase unnecessary items because they do not want to see their next year’s budgets impaired by not spending enough in the current year. Referring to what he expressed was President Schweder’s indication that the Administration had hidden away 2005 tax money for future use without spending it for the good of the taxpayers, Mr. Pfenning said while he concurs with that idea he is concerned that the chief financial officer’s warning about the impact on bond ratings of the City’s low year end cash balance will go unheeded. Mr. Pfenning remarked that lower future bond ratings only increases the cost for all taxpayers in interest.

James Follweiler, 2222 Main Street, commented that Budgets and how money is spent in the City should generally be for the public good. Mr. Follweiler observed one can question whether Budgets are passed with respect to taking care of the City, citizens, taxpayers, businesses, non-profits, or developers. Mr. Follweiler said he commends several Members of Council last week for cutting money out of the City Budget that was being slotted for non-profits. Mr. Follweiler, referring to comments of Mr. Leeson, communicated that at some point the City cannot fund everything that is being requested and must look at whose money is it. Expressing his belief that tax money should do the best good for the majority of the City, Mr. Follweiler felt that money for non-profits should probably not come out of the taxpayers money and added that citizens can donate money personally to select organizations. Mr. Follweiler recalled a comment made to him by an attendee at a past meeting that “it looks like the developers have the upper hand.” Mr. Follweiler asked City Council and others to remember that the bottom line is citizens, taxpayers, and the services that the City provides to the community at large.

6. OLD BUSINESS

Budget Process

Mr. Donchez, focusing on the process that was followed at the Final Budget Meeting on December 14, 2005, and noting he and President Schweder had numerous amendments, many of which were similar except for the dollar amounts, thought one thing that City Council should consider next year is having more time between the last Budget Hearing and the Final Budget Meeting at which the Members present their proposed changes to the Mayor’s Proposed Budget. Recounting that Members of Council had to submit their amendments to the Proposed 2006 Budget by 4:30 PM on Monday, December 12 prior to the Final Budget Meeting on Wednesday, December 14, 2005, Mr. Donchez observed there was not a big enough window in a sense to have copies of all the amendments made and forwarded to the Members of Council by December 14. Mr. Donchez thought that possibly a week may be needed in between the last Budget Hearing and the Final Budget Meeting for preparation of Council’s amendments and to give the Members enough time to review all the amendments.

President Schweder noted that after the Final Budget Meeting, Mr. Leeson approached him with several ideas along the same lines. President Schweder communicated what would be sought to do is to expand the entire process so that the Administration and Council could start the process a lot earlier than November 15 as occurred this year to give everyone adequate time throughout the process. Adding that Mr. Leeson suggested he would be looking into that, President Schweder stated he has encouraged Mr. Leeson to do so.

7. COMMUNICATIONS

A. Zoning Text Amendment – CM-LTN Landmark – Conservation and Traditional Neighborhood Development Overlay District

The Clerk read a letter dated December 13, 2005 from Attorney James Broughal, representing The Herrick Company, to which was attached a proposed Zoning Ordinance Text Amendment for a CM-LTN Landmark Conservation and Traditional Neighborhood Development Overlay District for the tract of property known as the Martin Tower site located at Route 378 and Eighth Avenue containing approximately 52 acres. The amendment would allow for the adaptive reuse of the property and would allow for the preservation of a City landmark, Martin Tower, the 21 story corporate offices of the former Bethlehem Steel Corporation.

President Schweder referred the request to the Planning Commission and to the Lehigh Valley Planning Commission.

Mr. Donchez and Mrs. Belinski moved to schedule a Public Hearing on Tuesday, February 7, 2006 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. Bethlehem Authority – Land Sale – 1509 Clover Avenue

The Clerk read a letter dated December 5, 2005 from Stephen R. Salvesen, Executive Director of the Bethlehem Authority, to which was attached the agreement of sale, appraisal and map, for the sale of land at 1509 Clover Avenue at the foot of Fifteenth Avenue to the successful bidder, Mr. Chris Brown, for $29,250. The Bethlehem Authority requested approval of the sale by City Council. The property contains a 24 inch water main and a chamber. A 40 foot easement will be included in the deed along with a prohibition on building in the easement.

President Schweder referred the matter to the Public Works Committee.

C. Budget Analyst – South Side Greenway

The Clerk read a memorandum dated December 8, 2005 from Darryl Yothers, Budget Analyst, concerning adjustments to be made to the CDBG and Non-Utility Capital Funds for Item 10 of the Finance Committee Meeting of October 7, 2005 for $20,000 received from the Community Action Development Corporation for the South Side Greenway project. The monies should have been placed in the Non-Utility Capital Fund since donated monies cannot be commingled with HUD monies in the CDBG Fund. The budgetary adjustments will be processed with Council’s concurrence.

President Schweder stated that the item is for notification only.

D. Street Vacation Request – Portion of East North Street

The Clerk read a letter dated December 15, 2005 from Mark S. Cronin of Bakeway Properties, LLC, requesting vacation of a portion of East North Street in the vicinity of Stefko Boulevard. It was explained in the letter that, although the map indicates the area in question that abuts the southern portion of the property has already been vacated, no ordinance or record of the street vacation could be found.

President Schweder referred the request to the Planning Commission.

8 . REPORTS

A. President of Council

President Schweder announced that the Reorganizational Meeting of City Council will take place on Tuesday, January 3, 2006 at 7:30 PM in Town Hall.

B. Mayor

None.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 54 – 2005 – Adopting 2006 General Fund Budget

The Clerk read Bill No. 54 – 2005, Adopting the 2006 General Fund Budget, on Final Reading.

Amending Bill No. 54 – 2005

The Clerk then read the Amendment to Bill No. 54 – 2005, sponsored by Mr. Leeson and Mr. Mowrer, that reduced the amount of the General Fund Budget from the Mayor’s originally proposed 2006 Budget of $54,977,000 to $54,889,716.

President Schweder advised what is before City Council is the Amendment that would incorporate all of the votes that were taken by the Members of Council at the Final Budget Meeting on Wednesday, December 14, 2005 into the 2006 General Fund Budget. President Schweder observed the simplest way to address the request for restoration of $65,000 for Gasoline expenses, as detailed in the memorandum dated December 20, 2005 from Charles Brown, Director of Parks and Public Property, and the request for restoration of $200,000 into the Cash Balance, as detailed in the memorandum dated December 20, 2005 from Dennis Reichard, Business Administrator, would be to address those requests at the present time. Since the Amendment currently before the Members was to delete a total of $65,000 in Gasoline line items in the General Fund, Water Fund, and Sewer Fund Budgets, and to reduce the Cash Balance in the General Fund by the amount of $200,000 in order to reduce the Tax Rate, President Schweder affirmed that a vote of Aye would remove those items from the Amendments and place a total of $65,000 for Gasoline expenditures into Contingency Accounts, rather than deleting $65,000 from the various budgetary line items; and, the sum of $200,000 would be placed back into the Cash Balance in the General Fund, as requested by the Administration in the previously noted memorandums. The breakdown of the $65,000 total for Gasoline into the three Contingency Funds was as follows: General Fund - $30,905; Water Fund - $19,480; and Sewer Fund - $15,106.

Mr. Donchez, affirming that at the Final Budget Meeting on December 14, 2005 the Members of Council moved $200,000 out of the Estimated General Fund Cash Balance of $500,000 to be utilized towards reducing the Tax Rate, explained he would consider for discussion purposes taking $75,000 of the $200,000 and moving $50,000 back into the Cash Balance that would result in a Cash Balance of $350,000 which he believed was the lowest it has been in the past 10 years, and moving $25,000 into a Contingency for Gasoline.

Mrs. Belinski, expressing that she would still be amenable to the Administration’s original proposal, communicated she did not want to lower the Cash Balance any more since she felt the City is treading on dangerous ground.

Mr. Donchez, commenting that if the support is there, and advising he did review some of the Audits, noted it has always been the recommendation that the City should try to achieve a General Fund Cash Balance of $1,000,000. While saying “is there an extra $100,000 to $200,000 in the Budget that we could shift around, maybe, maybe not,” Mr. Donchez stated if there is support on Council he would agree with Mrs. Belinski. If there is not support to go with the Administration’s original proposal, Mr. Donchez stated he would offer his amendment as a compromise. Mr. Donchez, agreeing “we do have to be careful with the Cash Balance,” expressed his opinion that $300,000 is getting a little too low, and felt that the Cash Balance should be increased. Mr. Donchez recounted that the Auditors have been consistent over the years in discussing a Cash Balance in the range of $1,000,000. Mr. Donchez, expressing his agreement with Mrs. Belinski, said he would second that motion, but if it would not pass he would offer his amendment as a compromise.

Mrs. Belinski and Mr. Donchez moved the following amendment: Place a total of $65,000 for Gasoline in Unforeseen Contingencies, as follows: General Fund – Unforeseen Contingencies - $30,905; Water Fund - Unforeseen Contingencies - $19,480; Sewer Fund – Unforeseen Contingencies - $15, 106; and, place $200,000 back into the General Fund Cash Balance.

In response to Ms. Szabo, President Schweder confirmed that the actions taken by the Members of Council at the December 14, 2005 Final Budget Meeting in reducing the Gasoline line items by a total of $65,000 and in reducing the Cash Balance by an amount of $200,000 were to reduce the 13% tax increase proposed by the Administration from the 2005 rate of 12.5 mills to the 2006 rate of 14.17 mills.

Mr. Mowrer, focusing on the action taken at the December 14, 2005 Final Budget Meeting to add one Police Officer, exemplified that, after taking time in contemplating the matter, it seemed to make a more significant difference by adding four Paramedics in the EMS Bureau than adding one Police Officer which he did not think would make a notable difference.

Mr. Leeson observed that the memorandum dated December 20, 2005 from Mr. Reichard contains some good reasoning. On the other hand, Mr. Leeson thought there is a need to have some cuts, and expressed that he finds the suggestion by Mr. Mowrer to have appeal, particularly if Council is going to restore some of the funding that is being talked about. Mr. Leeson thought that Council needs to look for another area to cut. He highlighted the fact that adding one Police Officer was not requested by the Administration.

Ms. Szabo moved that the vote on the motion be postponed until other suggestions are heard.

Motion – Deleting Additional Police Officer

Mr. Mowrer said he would like to return to the Administration’s original proposal and eliminate the additional Police Officer. Expressing his thoughts that one Police Officer is not going to make a significant difference, Council does need to cut somewhere, and the Administration did not ask for an additional Police Officer, Mr. Mowrer stated he would request that Council make a motion to take out the additional Police Officer.

Mr. Leeson, stating he would second the motion, explained his understanding of the motion is to delete from the General Fund Budget the one Police position that was created at the Final Budget Meeting on December 14, 2005 which would result in a reduction in spending proportionate to the amount involved of approximately $46,000.

Mr. Arcelay, confirming that he made the motion at the Final Budget Meeting on December 14, 2005 to add one Police Officer, asked Council to consider the effect of removing the Police Officer when citizens come before the Members to complain next year, and wondered what the Members will tell them. Mr. Arcelay, remarking that a lot more than one Police Officer is needed, felt that should be considered as Council votes.

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. Voting NAY: Mr. Arcelay, 1. The motion passed.

Motion – Restoring Gasoline Reductions - $65,000 and Cash Balance - $200,000

Mrs. Belinski and Mr. Donchez moved the following amendment: Place a total of $65,000 for Gasoline in Unforeseen Contingencies, as follows: General Fund – Unforeseen Contingencies - $30,905; Water Fund – Unforeseen Contingencies - $19,480; Sewer Fund – Unforeseen Contingencies - $15, 106; and, place $200,000 back into the General Fund Cash Balance.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, 6. Voting NAY: Mr. Schweder, 1. The motion passed.

Amendment to Bill No. 54 – 2005

The preceding motions resulted in the following Amendment that reduced the amount of the General Fund Budget from Mayor’s originally proposed 2006 Budget of $54,977,000 to $54,881,000:
That SECTION 2 which reads as follows:
SECTION 2. Appropriations in the sum of Fifty-Four Million, Nine Hundred Seventy-Seven Thousand ($54,977,000) Dollars are hereby made from the General Fund as follows:

To the Council:
Personal Services $ 163,396
Purchase of Services 88,870
Materials and Supplies 0
Equipment 0

TOTAL $ 252,266

To the Mayor:
Personal Services $ 153,034
Purchase of Services 5,535
Materials and Supplies 1,100
Equipment 0

TOTAL $ 159,669

To the Controller:
Personal Services $ 187,308
Purchase of Services 4,315
Materials and Supplies 0
Equipment 0

TOTAL $ 191,623

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 $ 214,746
Purchase of Services 5,250
Materials and Supplies 0
Equipment 700

TOTAL $ 220,696

To the Department of Administration:
Personal Services $ 1,549,861
Purchase of Services 222,599
Materials and Supplies 94,600
Equipment 39,560

TOTAL $ 1,906,620

To the Department of Community and Economic Development:
Personal Services $ 3,027,384
Purchase of Services 1,981,482
Materials and Supplies 114,785
Equipment 27,600

TOTAL $ 5,151,251

To the Department of Parks and Public Property:
Personal Services $ 2,676,409
Purchase of Services 1,222,500
Materials and Supplies 153,600
Equipment 21,750

TOTAL $ 4,074,259

To the Department of Public Works:
Personal Services $ 2,346,443
Purchase of Services 1,435,065
Materials and Supplies 60,300

TOTAL $ 4,045,508

To the Department of Police:
Personal Services $ 9,107,077
Purchase of Services 493,995
Materials and Supplies 419,662
Equipment 185,798

TOTAL $10,206,532

To the Department of Fire:
Personal Services $ 7,291,853
Purchase of Services 145,504
Materials and Supplies 216,555
Equipment 72,815

TOTAL $ 7,726,727

To General and Civic Expenses:
Office Supplies, Postage, Equipment
Maintenance, and Communications $ 252,000

Taxes, Insurance, Social Security,
Unemployment Comp., Workers Comp.,
Pensions, Accumulated Sick Leave,
Heart and Lung Act, Trust Payments,
Defined Contribution Plan Match $11,682,148
Landfill Transfer $ 881,100
Refunds and Prior Year's Encumbrances $ 85,000

Unforeseen Contingencies,
Professional Services Expenses $ 150,677

Occupational Education Program $ 2,000

Memorial Day Decorations, Fourth of July
Celebration, Halloween Parade, Music Fund $ 52,900

U.S. Conference of Mayors 5,000

Tourism, Senior Citizens, PA League
of Cities Dues, Fine Arts Commission
Bach Choir, Sister City Commission $ 74,221
Library $ 1,077,000
Bicycle Fund $ 800
Coalition for Alternative Transportation $ 5,000
Community Public Radio (WDIY) $ 2,700
Debt Service $ 6,770,303
TOTAL $ 21,040,849
Estimated Ending Cash Balance $ 500,000

shall be amended to read as follows:
SECTION 2. Appropriations in the sum of Fifty-Four Million, Eight Hundred Eighty-One Thousand, ($54,881,000) Dollars are hereby made from the General Fund as follows:

To the Council:
Personal Services $ 163,396
Purchase of Services 88,380
Materials and Supplies 0
Equipment 0

TOTAL $ 251,776

To the Mayor:
Personal Services $ 153,034
Purchase of Services 5,485
Materials and Supplies 1,000
Equipment 0

TOTAL $ 159,519

To the Controller:
Personal Services $ 185,788
Purchase of Services 4,200
Materials and Supplies 0
Equipment 0

TOTAL $ 189,988

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 $ 214,746
Purchase of Services 5,000
Materials and Supplies 0
Equipment 700

TOTAL $ 220,446

To the Department of Administration:
Personal Services $ 1,534,875
Purchase of Services 220,279
Materials and Supplies 94,450
Equipment 39,560

TOTAL 1,889,164

To the Department of Community and
Economic Development:
Personal Services $ 3,015,917
Purchase of Services 1,974,882
Materials and Supplies 105,545
Equipment 26,900

TOTAL $ 5,123,244

To the Department of Parks and Public Property:
Personal Services $ 2,667,909
Purchase of Services 1,218,800
Materials and Supplies 152,500
Equipment 21,750

TOTAL $ 4,060,959

To the Department of Public Works:
Personal Services $ 2,342,543
Purchase of Services 1,424,415
Materials and Supplies 187,235
Equipment 60,300

TOTAL $ 4,014,493

To the Department of Police:
Personal Services $ 9,111,740
Purchase of Services 491,395
Materials and Supplies 412,662
Equipment 185,590

TOTAL $10,201,387

To the Department of Fire:
Personal Services $ 7,181,313
Purchase of Services 144,259
Materials and Supplies 216,555
Equipment 72,815

TOTAL $ 7,614,942

To General and Civic Expenses:
Office Supplies, Postage, Equipment
Maintenance, and Communications $ 249,500

Taxes, Insurance, Social Security,
Unemployment Comp., Workers Comp.,
Pensions, Accumulated Sick Leave,
Heart and Lung Act, Trust Payments,
Defined Contribution Plan Match $11,682,148
Landfill Transfer $ 881,100
Refunds and Prior Year's Encumbrances $ 85,828

Unforeseen Contingencies,
Professional Services Expenses $ 276,582

Occupational Education Program $ 2,000

Memorial Day Decorations, Fourth of
July Celebration, Halloween Parade,
Music Fund $ 52,900

U.S. Conference of Mayors 5,000

Tourism, Senior Citizens, PA League
of Cities Dues, Fine Arts Commission
Sister City Commission $ 71,721
Library $ 1,077,000
Bicycle Fund $ 0
Coalition for Alternative Transportation $ 0
Community Public Radio (WDIY) $ 0
Debt Service $ 6,770,303
TOTAL $ 21,154,082

Voting AYE on Bill No. 54 – 2005, as Amended: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, and Ms. Szabo, 6. Voting NAY: Mr. Schweder, 1. Bill No. 54 – 2005, hereafter to be known as Ordinance 4351, was declared adopted.

B. Bill No. 55 – 2005 – Adopting the 2006 Water Fund Budget

The Clerk read Bill No. 55 – 2005, Adopting the 2006 Water Fund Budget, on Final Reading.

Amendment to Bill No. 55 – 2005

Mr. Leeson and Mr. Mowrer sponsored the following Amendment:

That SECTION 1. which reads as follows:

SECTION 1. Appropriations in the sum of Seventeen Million, Eight Hundred Thirty-One Thousand ($17,831,000) Dollars are hereby made from the Water Fund as follows:

To the Department of Water/Sewer Resources:
Water Fund:
Personal Services $ 3,611,531
Purchase of Services 13,735,084
Materials and Supplies 484,385
Equipment 0

TOTAL $17,831,000

shall be amended to read as follows:

SECTION 1. Appropriations in the sum of Seventeen Million, Seven Hundred Eighty-Six Thousand ($17,786,000) Dollars are hereby made from the Water Fund as follows:

To the Department of Water/Sewer Resources:
Water Fund:
Personal Services $ 3,590,343
Purchase of Services 13,740,752
Materials and Supplies 454,905
Equipment 0

TOTAL $17,786,000

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. 55 – 2005, as Amended: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 55– 2005, hereafter to be known as Ordinance 4352, was declared adopted.

C. Bill No. 56 – 2005 – Adopting the 2006 Sewer Fund Budget

The Clerk read Bill No. 56 – 2005, Adopting the 2006 Sewer Fund Budget, on Final Reading.

Amendment to Bill No. 56 – 2005

Mr. Leeson and Mr. Mowrer sponsored the following Amendment:

That SECTION 1. which reads as follows:

SECTION 1. Appropriations in the sum of Ten Million, Eight Hundred Seventy-Eight Thousand ($10,878,000) 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 $ 2,512,632
Purchase of Services 7,706,071
Materials and Supplies 482,550
Equipment 176,747

TOTAL $10,878,000

shall be amended to read as follows:

SECTION 1. Appropriations in the sum of Ten Million, Eight Hundred Seventy-Seven Thousand, ($10,877,000) 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 $ 2,465,069
Purchase of Services 7,768,740
Materials and Supplies 466,444
Equipment 176,747

TOTAL $10,877,000

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. 56 – 2005, as Amended: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 56– 2005, hereafter to be known as Ordinance 4353, was declared adopted.

D. Bill No. 57 – 2005 – Adopting the 2006 Golf Course Enterprise Fund Budget

The Clerk read Bill No. 57 – 2005, Adopting the 2006 Golf Course Enterprise Fund Budget, on Final Reading.

Amendment to Bill No. 57 – 2005

Mr. Leeson and Mr. Mowrer sponsored the following Amendment:

That SECTION 1. which reads as follows:

SECTION 1. Appropriations in the sum of One Million, Three Hundred Sixty-Three Thousand ($1,363,000) Dollars are hereby made from the Golf Course Enterprise Fund as follows:

Golf Course Enterprise Fund:
Personal Services $ 638,326
Purchase of Services 527,689
Materials and Supplies 150,300
Equipment 46,685

TOTAL $ 1,363,000

shall be amended to read as follows:

SECTION 1. Appropriations in the sum of One Million, Three Hundred Fifty-Four Thousand, ($1,354,000) Dollars are hereby made from the Golf Course Enterprise Fund as follows:

Golf Course Enterprise Fund:
Personal Services $ 638,326
Purchase of Services 521,289
Materials and Supplies 147,700
Equipment 46,685

TOTAL $ 1,354,000

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. 57 – 2005, as Amended: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 57– 2005, hereafter to be known as Ordinance 4354, was declared adopted.

E. Bill No. 58 – 2005 – Adopting the 2006 Liquid Fuels Fund Budget

The Clerk read Bill No. 58 – 2005, Adopting the 2006 Liquid Fuels Fund Budget, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 58 - 2005, hereafter to be known as Ordinance 4355, was declared adopted.

F. Bill No. 59 – 2005 – Adopting the 2006 Capital Budget for Non-Utilities

The Clerk read Bill No. 59 – 2005, Adopting the 2006 Capital Budget for Non-Utilities, on Final Reading.

Amendment to Bill No. 59 – 2005

Mr. Leeson and Mr. Mowrer sponsored the following Amendment:

That SECTION 2. and SECTION 3. which read as follows:

SECTION 2. Appropriations in the sum of Five Million, Seven Hundred Forty-Nine Thousand, One Hundred Fifty-Two ($5,749,152) Dollars are hereby made from the sources indicated in Section 3 hereof as follows:

Public Safety:
In-House Forms Server $ 20,000
Communication Center Upgrade 348,522

Total Public Safety $ 368,522

Parks and Public Property:
City Center Repairs/Curbs/Sidewalks $ 106,911
Mechanical Systems Upgrade 73,428
Municipal Ice Rink 46,238
General Pool Repairs 145,150
Sand Island I Creek Conservation 431,590
Sand Island Phase C 21,751
Parks/Playground Improvements 268,832
Asbestos Monitoring Program 5,405
Roof, Safety, Fire Code 188,857
Johnston Park 57,216
Signage 26,691
Skate Park 10,000

Total Parks & Public Property $ 1,382,069

Public Works:
Paint Mill Bridge $ 500,000
Storage Tanks 21,357
Street Overlays 270,000
Misc. Drainage Structures 84,427
Downtown Restoration (North Side) 237,462
SS St. Scape/Lighting Bus. Dist 576,804
Tree Planting/Replacement 750
Land Acquisition 100
Flood Control System 1
Isolated Intersections 138,081
Traffic Safety Improv. 74,027
Lynn Avenue Bridge 213,750
West Second St. Extension 10,000
Geographic Information System 250,000

Total Public Works $ 2,376,759

Other Non-Utility Projects:
Home Investment Trust $ 2,276
Illicks Mill 161,559
CACLV-Forte Bldg 546
Financial System Upgrade 165,619
Recycling/Compost Equipment 25,346
Traffic Calming Devices 7,270
Elm Street Program 234,925
CDPP Wireless Upgrade 83,350
eGov Software Purchase 60,000
Roll-off Truck 208,970
Safe Route to School 248,656
Norfolk Southern Right of Way Acquisition 300,000
Stefko Boulevard Study 85,169

Total Other Non-Utility Project $ 1,583,686

Equipment – General Fund
Equipment – 2001 $ 12,600
Equipment – 2005 25,516

Total Non-Utility Budget $ 5,749,152

SECTION 3. The expenditures listed in Section 2 hereof shall be made from the following sources:

Federal and State Grants $2,304,830
250th Anniversary 21,751
Lehigh County 120,000
Other 394,107
2001 Bond Issue 191,985
2003 Bond Issue 286,631
2005 Bond Issue 2,124,346
Treasurer’s Escrow 280,502
Cash 25,000

TOTAL $5,749,152

shall be amended to read as follows:

SECTION 2. Appropriations in the sum of Five Million, Seven Hundred Fifty-Four Thousand, Seventy-Nine ($5,754,079) Dollars are hereby made from the sources indicated in Section 3 hereof as follows:

Public Safety:
In-House Forms Server $ 20,000
Communication Center Upgrade 348,522

Total Public Safety $ 368,522

Parks and Public Property:
City Center Repairs/Curbs/Sidewalks $ 106,911
Mechanical Systems Upgrade 73,428
Municipal Ice Rink 46,238
General Pool Repairs 145,150
Sand Island I Creek Conservation 431,590
Sand Island Phase C 21,751
Parks/Playground Improvements 268,832
Asbestos Monitoring Program 5,405
Roof, Safety, Fire Code 188,857
Johnston Park 57,216
Signage 26,691
Skate Park 10,000

Total Parks & Public Property $ 1,382,069

Public Works:
Paint Mill Bridge $ 500,000
Storage Tanks 21,357
Street Overlays 270,000
Misc. Drainage Structures 84,427
Downtown Restoration (North Side) 237,462
SS St. Scape/Lighting Bus. Dist 576,804
Tree Planting/Replacement 750
Land Acquisition 100
Flood Control System 1
Isolated Intersections 138,081
Traffic Safety Improv. 74,027
Lynn Avenue Bridge 213,750
West Second St. Extension 10,000
Geographic Information System 250,000

Total Public Works $ 2,376,759

Other Non-Utility Projects:
Home Investment Trust $ 7,203
Illicks Mill 161,559
CACLV-Forte Bldg 546
Financial System Upgrade 165,619
Recycling/Compost Equipment 25,346
Traffic Calming Devices 7,270
Elm Street Program 234,925
CDPP Wireless Upgrade 83,350
eGov Software Purchase 60,000
Roll-off Truck 208,970
Safe Route to School 248,656
Norfolk Southern Right of Way Acquisition 300,000
Stefko Boulevard Study 85,169

Total Other Non-Utility Project $ 1,588,613

Equipment – General Fund
Equipment – 2001 $ 12,600
Equipment – 2005 25,516

Total Non-Utility Budget $ 5,754,079

SECTION 3. The expenditures listed in Section 2 hereof shall be made from the following sources:

Federal and State Grants $2,304,830
250th Anniversary 21,751
Lehigh County 120,000
Other 394,107
2001 Bond Issue 191,985
2003 Bond Issue 286,631
2005 Bond Issue 2,124,346
Treasurer’s Escrow 285,429
Cash 25,000

TOTAL $5,754,079

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 – 2005, as Amended: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 59 – 2005, hereafter to be known as Ordinance 4356, was declared adopted.

G. Bill No. 60 – 2005 – Adopting the 2006 Capital Budget for Water Utilities

The Clerk read Bill No. 60 – 2005, Adopting the 2006 Capital Budget for Water Utilities, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 60 – 2005, hereafter to be known as Ordinance 4357, was declared adopted.

H. Bill No. 61 – 2005 – Adopting the 2006 Capital Budget for Sewer Utilities

The Clerk read Bill No. 61 – 2005, Adopting the 2006 Capital Budget for Sewer Utilities, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 61 – 2005, hereafter to be known as Ordinance 4358, was declared adopted.

I. Bill No. 62 – 2005 – Adopting the 2006 Community Development Budget

The Clerk read Bill No. 62 – 2005, Adopting the 2006 Community Development Budget, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 62 – 2005, hereafter to be known as Ordinance 4359, was declared adopted.

J. Bill No. 63 – 2005 – Adopting the 2006 9-1-1 Fund Budget

The Clerk read Bill No. 63 – 2005, Adopting the 2006 9-1-1 Fund Budget, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 63 – 2005, hereafter to be known as Ordinance 4360, was declared adopted.

K. Bill No. 64 – 2005 – Fixing the 2006 Tax Rate for All City Purposes

The Clerk read Bill No. 64 – 2005, Fixing the 2006 Tax Rate for All City Purposes, on Final Reading.

President Schweder, affirming that he voted against the Budget, stated he will vote against the tax increase to pay for it. President Schweder continued on to say that the proposals forwarded to the Members of Council this afternoon asking for changes “are in direct contradiction to what the Business Administrator said to me after our meeting last Wednesday night.” President Schweder remarked “there’s no shared sacrifice in this Budget or in this tax increase. All the sacrifice is put on the shoulders of the taxpayers.” President Schweder expressed what was done by Council tonight in restoring items shows that no cuts will be made, the real estate tax increase will be 13%, it will be the fourth year in a row that the tax rate has increased, and it is a 20% increase over the last two years. President Schweder stated he will not be joining his colleagues in supporting this Bill as he also did not support Bill No. 54 – 2005.

The foregoing amendments in the General Fund Budget resulted in the following reduction in the amount of the Tax Rate from the Mayor’s originally proposed 2006 Budget of 14.17 mills to 14.10 mills:

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 2006 for General City purposes, the
sum of six and sixty-nine hundredths (6.69) mills on
each dollar of assessed valuation [or the sum of
sixty-six and nine tenths (66.90) cents on each one
hundred dollars of assessed valuation];

For Recreation purposes, the sum of seventy-five
hundredths (.75) mills on each dollar of assessed
valuation [or the sum of seven and five tenths
(7.50) cents on each one hundred dollars of
assessed valuation];
For Debt purposes, the sum of five and three
hundredths (5.03) mills on each dollar of assessed
valuation [or the sum of fifty and three tenths
(50.30) cents on each one hundred dollars of
assessed valuation];

For Landfill Debt purposes, the sum of four tenths
(.40) mills on each dollar of assessed valuation
[or the sum of four (4.0) cents on each one hundred
dollars of assessed valuation];

For Hirko Settlement Debt purposes, the sum of five
tenths (.50) mills on each dollar of assessed
valuation [or the sum of five (5.0) cents on
each one hundred dollars of assessed valuation];

For Library purposes, the sum of eight tenths (.80)
mills on each dollar of assessed valuation [or the
sum of eight (8.0) 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 6.69 66.90

Recreation Levy .75 7.50

Debt 5.03 50.30

Landfill Debt .40 4.00

Hirko Settlement Debt .50 5.00

Library .80 8.00

Total - All Purposes 14.17 141.70

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 2006 for General City purposes, the
sum of six and sixty-two hundredths (6.62) mills on
each dollar of assessed valuation [or the sum of
sixty-six and two tenths (66.20) cents on each one
hundred dollars of assessed valuation];

For Recreation purposes, the sum of seventy-five
hundredths (.75) mills on each dollar of assessed
valuation [or the sum of seven and five tenths
(7.50) cents on each one hundred dollars of
assessed valuation];

For Debt purposes, the sum of five and three
hundredths (5.03) mills on each dollar of assessed
valuation [or the sum of fifty and three tenths
(50.30) cents on each one hundred dollars of
assessed valuation];

For Landfill Debt purposes, the sum of four tenths
(.40) mills on each dollar of assessed valuation
[or the sum of four (4.0) cents on each one hundred
dollars of assessed valuation];

For Hirko Settlement Debt purposes, the sum of five
tenths (.50) mills on each dollar of assessed
valuation [or the sum of five (5.0) cents on
each one hundred dollars of assessed valuation];

For Library purposes, the sum of eight tenths (.80)
mills on each dollar of assessed valuation [or the
sum of eight (8.0) 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 6.62 66.20

Recreation Levy .75 7.50

Debt 5.03 50.30

Landfill Debt .40 4.00

Hirko Settlement Debt .50 5.00

Library .80 8.00

Total - All Purposes 14.10 141.00

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, 6. Voting NAY: Mr. Schweder, 1. Bill No. 64 – 2005, hereafter to be known as Ordinance 4361 was adopted on Final Reading.

L. Bill No. 65 – 2005 - Amending Community Development Budget – Comprehensive Planning and BEAR Program

The Clerk read Bill No. 65 – 2005, Amending Community Development Budget – Comprehensive Planning and BEAR Program, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 65 – 2005, hereafter to be known as Ordinance 4362, was declared adopted.

M. Bill No. 66 – 2005 – Amending Article 913 – Increasing Water Rates and Charges

The Clerk read Bill No. 66 – 2005, Amending Article 913 – Increasing Water Rates and Charges, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 66 – 2005, hereafter to be known as Ordinance 4363, was declared adopted.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

Motion – Considering Resolutions as a Group

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

A. Approving Fees – Golf Course

Ms. Szabo and Mr. Arcelay sponsored Resolution 14,752 that established the Golf Fees listed on Exhibit A, the Winter Rates effective November 1, 2005 through February 28, 2006, and other rates effective January 1, 2006 unless otherwise noted.

B. Approving Fees – Skating Rink

Mr. Arcelay and Ms. Szabo sponsored Resolution 14,753 that established the Skating Rink Fees listed on Exhibit A, effective beginning January 1, 2006.

C. Approving Fees – Swimming Pools, League/Field, Summer Day Camps and Sand Island Tennis

Mr. Arcelay and Ms. Szabo sponsored Resolution 14,754 that established the fees for Swimming Pools, League/Field, Summer Day Camps, and Sand Island Tennis listed on Exhibit A, effective January 1, 2006.

D. Approving Fees – Subdivision Review

Mr. Arcelay and Ms. Szabo sponsored Resolution 14,755 that adopted a fee structure for fees related to Subdivision and Development Review before the City Planning Commission. The Resolution supersedes Resolution 11,052 adopted May 23, 1989.

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

Motion – Considering Resolutions As A Group

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

E. Certificate of Appropriateness – 439 High Street

Mr. Arcelay and Ms. Szabo sponsored Resolution 14,756 that granted a Certificate of Appropriateness to alter the exterior of 439 High Street.

F. Certificate of Appropriateness – 522 and 518-520 Long Street

Mr. Arcelay and Ms. Szabo sponsored Resolution 14,757 that granted a Certificate of Appropriateness to alter the exterior of 522 and 518-520 Long Street.

G. Certificate of Appropriateness – 549 Main Street

Mr. Arcelay and Ms. Szabo sponsored Resolution 14,758 that granted a Certificate of Appropriateness to retain signage and paint the front door at 549 Main Street.

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

Motion –Tabling Resolution 11 H

H. Certificate of Appropriateness – 318 West Street

Mr. Mowrer and Mrs. Belinski moved to Table Resolution 11 H. Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

I. Authorizing Application – Grant for Comprehensive Plan and Zoning Ordinance

Ms. Szabo and Mr. Arcelay sponsored Resolution 14,759 that authorized the City to make application for a grant from the Pennsylvania Department of Community and Economic Development for development of a new Comprehensive Plan and new Zoning Ordinance through the Land Use Planning and Technical Assistance Program, and authorized the City to allocate municipal resources in the amount of $80,000 for the project.

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

12. NEW BUSINESS

Bethlehem Authority – Sale of Land to Lehigh County

Mrs. Belinski, asking the Administration to provide information, advised she received two telephone calls prior to the Meeting this evening from David McGuire, of the Sierra Club, and from Bruce Stettler, a neighbor at the site of the 141 acres that the Bethlehem Authority is proposing to sell to Lehigh County. Mrs. Belinski recalled it was the understanding that the Wildlands Conservancy would be the caretaker of the acreage, it would remain green space, and it would not be developed. Mrs. Belinski noted the matter has been ongoing for about two months. Mrs. Belinski informed the Members that, at the last Bethlehem Authority meeting she attended, everyone on the Board agreed with a price of $6,500 an acre. Mrs. Belinski related she was informed by Mr. Stettler that Jane Ervin, Lehigh County Executive, was ready to write the check. Mrs. Belinski further informed the Members that she had asked the Bethlehem Authority Board members at their meeting whether the sale could be concluded in view of the fact that it is almost the end of the year and the proceeds would be about $900,000. Otherwise, Mrs. Belinski pointed out there will be a new Administration in Lehigh County after the beginning of next year, and queried “where are we – back to square one.” Noting that if the $900,000 had to come before the Finance Committee a meeting could be scheduled without delay, Mrs. Belinski observed the matter could have been on Council’s Agenda tonight, it could be approved, it would be a “done deal, and then we wouldn’t be so worried about having so little money in the contingency fund.”

Mayor Callahan, noting he does not generally attend the Bethlehem Authority meetings, affirmed that the Board and the Administration very much support the sale of those lands. Continuing on to note that, in concept, everybody is in agreement, Mayor Callahan said Lehigh County thinks it is a good idea to buy it, the Administration thinks it is a good idea to sell it, and the right thing is being done environmentally. However, Mayor Callahan pointed out there is also the obligation to get a fair price.

Mrs. Belinski recalled that a previous appraisal done by Ms. Ulans for the Bethlehem Authority was for $6,000 per acre, after which discussion centered around $6,500 per acre. Ms. Ulans took another look at the property and thought it could bring $7,000 per acre. Then, Attorney Broughal, Solicitor for the Bethlehem Authority, pointed out this is one public entity selling to another public entity and there is a reverter clause that limits the value. Mrs. Belinski, focusing on the reverter clause, stated if it is decided later on to develop the property then the property comes back to the City. Mrs. Belinski noted that Attorney Broughal thought, and everyone was in agreement, the price of $6,500 would be agreeable. Stephen Salvesen, Executive Director of the Bethlehem Authority, was to take the price of $6,500 back to Ms. Ervin. Mrs. Belinski questioned whether the matter has to go to the Lehigh County Board of Commissioners for approval.

Mayor Callahan commented that if the purchase is approved by the Lehigh County Administration and it is moved forward to the Lehigh County Commissioners then the County Commissioners would approve the purchase of the property.

Mrs. Belinski queried what is the hold up since Ms. Ervin, Lehigh County Executive, was ready to write the check.

Mayor Callahan thought perhaps Ms. Ervin might have been ready to write a check for $6,000 an acre but not necessarily $6,500 per acre. Mayor Callahan added that the proceeds of the sale will be used for capital improvements and would not necessarily go into the cash balance. Mayor Callahan observed that, even though it is another governmental entity, there is an obligation to get a fair value for the property. Mayor Callahan stated, if there is not the opportunity to sell the property this year, he is confident that, given the change in the Lehigh County Administration, it will be able to be done next year.

Mrs. Belinski, noting there is concern that with a new Administration the matter could drag on for another six months, further advised there is worry about the property being developed.

Mayor Callahan said that is not going to happen, and it has really been an issue of agreeing on the price. Mayor Callahan commented he could ask Mr. Salvesen tomorrow what is the latest correspondence between the Bethlehem Authority and Lehigh County.

Class Action Lawsuit - Pacemakers

Mr. Leeson, referring to the Resolution that has been in effect for many years stipulating that the City is not supposed to hire outside lawyers without the prior approval of City Council, noted that about a week or two ago he was contacted by the newspapers about the City’s involvement in a lawsuit in Minnesota and the hiring of lawyers from out of town to represent the City. Mr. Leeson stated he would like to get a report on exactly why this is being done, how much time will have to be spent on testimony, who authorized it, who hired the lawyers, what are the fee arrangements, and how many pacemakers did City employees receive. Mr. Leeson, reminding everyone it is expected that Resolutions of Council are complied with, pointed out that hiring outside lawyers is not an exception.

Timothy Brennan, Assistant City Solicitor, advising he has not obtained a complete set of facts on the class action, explained he is under the impression it is part of the City’s insurance coverage that may be initiating the class action. Attorney Brennan stated he will check the matter.

No Smoking Regulations

Mr. Mowrer notified Tony Hanna, Director of Community and Economic Development, that he would like to have a monthly report from the Health Bureau on the status of instituting no smoking regulations in the City, as well as a report on the status of the matter at the State level.

Comments of Mr. Arcelay – Outgoing Member of Council

Mr. Arcelay recalled when he was preparing his campaign literature he focused on being dedicated, committed, and highlighting the fact that he will work for the citizens. Mr. Arcelay related he also wrote that as a Member of City Council he will continue to listen to citizen concerns, and try to ensure that the quality people have come to know in Bethlehem will be maintained. Mr. Arcelay affirmed those are the statements that he initially made as a promise to the constituents when he campaigned. Mr. Arcelay stated that for the last 32 months he has attempted to accomplish those campaign promises. Mr. Arcelay said, “in doing so, it served me well tonight as my last Council Meeting of the year [and with] much joy, pleasure, and pride, and a great sense of learning and personal satisfaction. It truly has been an excellent opportunity to serve with you. I thank you all for voting for me initially for my appointment to Council. When I was serving, I’ve learned much from watching and listening to the elected body. I’ve had the opportunity to get to know you all. And, in doing so, I ask you to remember the reason you wanted to join Council, the reason you wanted to become Mayor. It wasn’t because of great salaries. It was because, I believe, you were chosen to serve. I need to trust in you that you all will continue on that path to serve unselfishly. Remember the commitments that you made initially. We all measure our success differently. May I suggest that perhaps the greatest measurement is not being on the stage, but perhaps it is seen in the mirror we all peer into every morning. It is at that moment when it is just you and your God, and you can gauge your success…So, until I come back before you, watch what is being said as well as what is not being said, and listen twice as much as you chose to speak…”. Referring to one of his favorite quotes from the Book of Timothy, Mr. Arcelay said “servant, fight the good fight for faith. Take hold of the tender life for which you were called.” Mr. Arcelay expressed “it has been a pleasure to sit up here and serve with you. I thank you for the opportunity.”

13. COURTESY OF THE FLOOR

Courtesy of the Floor – Time Limits

William Scheirer, 1890 Eaton Avenue, commenting it is often heard that there is something special about Bethlehem, expressed the belief that an important part is a sense of community and of mutual respect. Mr. Scheirer also expressed the belief that a little bit of that was lost two weeks ago when the time limits for a citizen's remarks were cut from twelve minutes to five minutes. Mr. Scheirer remarked that he used to have the feeling there was sometimes a partnership among the Council, the Administration, and the citizen speakers that was devoted to making Bethlehem even better. However, Mr. Scheirer said he received a different message two weeks ago that said that the worth of citizen remarks beyond five minutes was not enough to be worth listening to them. Mr. Scheirer continued on to say the implication is that City Council does not find citizens remarks as a whole, including remarks in the first five minutes, to be as important as might have been thought. He expressed that the feeling of partnership is somewhat gone, at least temporarily. Mr. Scheirer advised that he will continue to make briefer occasional remarks on matters that he feels City Council is not taking into account as much as it should. Communicating it was heard that Broughal Middle School was not an appropriate subject for Courtesy of the Floor, Mr. Scheirer stressed that historic preservation is an important concern of Council, and not just the historic preservation of buildings that are not schools, especially given the cavalier disregard of the School District for historic preservation which is evident at their meetings. Mr. Scheirer continued on to say, more importantly, Courtesy of the Floor at its best, especially at the end of meetings, was sometimes a wide-ranging discussion group about the future of Bethlehem. This was good, but is now also diminished. He observed that perhaps there are differing opinions about what City Council could and should be doing for the betterment of Bethlehem. Mr. Scheirer stated that perhaps Council has a more restricted view, namely, the Agenda and not too much else. Mr. Scheirer said this is generally the mark of an essentially reactive Council, and not the characteristic of a more proactive one. Mr. Scheirer asserted there are a number of worthwhile initiatives that could be undertaken in the City that are not even being discussed. Mr. Scheirer expressed the hope to see a time limit of ten minutes in general, with five minutes applying only when 12 or more persons are signed up to speak on the same subject.

Stephen Antalics, 737 Ridge Street, referring to the vote taken at the last City Council Meeting on limitation of Courtesy of the Floor, communicated there was a cold chill that went through the chamber and a look of profound shock on almost everyone’s face almost saying “this doesn’t happen in Bethlehem.” Mr. Antalics said the statement of the President of Council several years ago that elected officials can speak as long as they wish and private citizens should be limited, along with the comments of Paul Carpenter who in his column spoke of the rabble who engaged in the conspiracy to commit free speech reminds him of what he calls the “Parsifal effect.” Mr. Antalics advised he observed in other communities that some elected officials once they take office along with some clergy once they are ordained both seem to be overcome by a self-appointed Parsifal effect. Mr. Antalics remarked “unfortunately, they are not quite elevated to a heavenly level since they cannot overcome something called gravity. But, they seem to be in some form of animated suspension, placing them clearly above the heads of the common.” Communicating he is deeply distressed to see the very basic civic-minded Eddie Rodriquez not in attendance this evening after continually being made a public spectacle by Council referring to his 40 minute speech, Mr. Antalics stressed that should have never been allowed had the President of Council exercised the responsibility of his office to control excessive, repetitive speeches. Mr. Antalics continued on to recount that, after a Member of Council complimented Mr. Rodriquez for his adherence to the 12 minute rule, the Member of Council then voted to suppress the Courtesy of the Floor to 5 minutes. Mr. Antalics remarked “this sort of shabby treatment of a concerned but unpolished citizen is unconscionable.” Mr. Antalics expressed it seemed that Mr. Mowrer was impressed with the 2 minute time limit that exists in other communities he cited, and thought Mr. Mowrer might be effective in accomplishing that goal at a later date. If that event becomes a reality, Mr. Antalics said he would like to present to the President of Council a small token of his esteem and held up a small antique hourglass timer.

City of Bethlehem, Citizens, and City Officials

Mary Pongracz, 321 West Fourth Street remarked that the City has had a very contentious year in view of the public hearings about Bethlehem Works and casinos. Ms. Pongracz stated it speaks well for the City of Bethlehem that its citizens are willing to come out to speak and to be heard, and added “we disagree without being disagreeable.” Ms. Pongracz expressed she finds it difficult to understand, however, that she has a City Council who tells her that she should not gamble, should not smoke, and should not talk. Ms. Pongracz communicated she would like to say to Members of Council, the Administration, and City employees “you do a job for which you do not get thanked very often. It is a difficult job to please everyone.” Ms. Pongracz thanked everyone for being servants and willing to work for and with the people.

14. ADJOURNMENT

The meeting was adjourned at 8:50 p.m.