Council Minutes

January 3, 2006 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, January 3, 2006– 7:30 PM – Town Hall

1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL

President Schweder called the meeting to order. Father Robert Biszek of Holy Infancy Church offered the invocation which was followed by the pledge to the flag. Present were Ismael Arcelay, Jean Belinski, Robert J. Donchez, Joseph F. Leeson, Jr., Magdalena F. Szabo, and J. Michael Schweder, 6. Gordon B. Mowrer was absent, 1.

CITATIONS

Citation - Honoring Ismael Arcelay - Member of Council

President Schweder presented a Citation to Ismael Arcelay, outgoing Member of Council, that read as follows:

“Whereas, the citizens of Bethlehem have been served during the past three years by an individual who has fulfilled his role in the Legislative Branch of Bethlehem City Government with distinction, dedication, and commitment; and

Whereas, this individual, who served as a Member of Council of the City of Bethlehem from April 2003 to January 2006, served as Chairman of the Human Resources and Environment Committee and on other Council Committees, attended innumerable City Council and Committee Meetings, passed hundreds of pieces of legislation, authored memorandums, responded to a host of employee and citizen inquiries, was ever cognizant of the citizens as taxpayers, and devoted many hours of his life to the City of Bethlehem and its citizens.

Now, Therefore, Be It Resolved By The Council Of The City Of Bethlehem that Ismael Arcelay be extended the thanks and appreciation of the Members of Council, of the residents of Bethlehem, and of the entire City for his government service as a Member of Council; and

Be It Further Resolved that the Members of Council wish Izzy a fulfilling, healthy, and happy life as he leaves the service of Bethlehem City Government.”

4. APPROVAL OF MINUTES

The minutes of December 20, 2005 were approved.

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

None.

6. OLD BUSINESS

Rescheduling Public Hearing – Zoning Text Amendment – Martin Tower Property

Mr. Donchez and Mrs. Belinski moved to reschedule the Public Hearing on the Zoning
Text Amendment Request for the Martin Tower on Eighth Avenue property from Tuesday, February 7, 2006 to Tuesday, February 21, 2006 at 7:30 PM in Town Hall.

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

7. COMMUNICATIONS

A. Assistant City Solicitor – Records Destruction – Purchasing Bureau

The Clerk read a memorandum dated December 29, 2005 from Timothy Brennan, Assistant City Solicitor, in which it was requested that City Council authorize the destruction of records for the Purchasing Bureau as listed in the attached Exhibit under the provisions of the Municipal Records Retention Act that was adopted by City Council.

B. Assistant City Solicitor – Records Destruction – Financial Services Bureau

The Clerk read a memorandum dated December 29, 2005 from Timothy Brennan, Assistant City Solicitor, in which it was requested that City Council authorize the destruction of records for the Financial Services Bureau as listed in the attached Exhibit under the provisions of the Municipal Records Retention Act that was adopted by City Council.

C. Assistant City Solicitor – Records Destruction – Payroll

The Clerk read a memorandum dated December 29, 2005 from Timothy Brennan, Assistant City Solicitor, in which it was requested that City Council authorize the destruction of records for the Payroll Bureau as listed in the attached Exhibit under the provisions of the Municipal Records Retention Act that was adopted by City Council.

President Schweder stated that the appropriate Resolutions for each of the requests will be placed on the January 17, 2006 Agenda.

8 . REPORTS

A. President of Council

1. Annual Report - 2005
President Schweder presented the Annual Report for the year 2005, as follows:

"During 2005, City Council adopted 63 Ordinances, passed 219 Resolutions, and the Members attended 31 Committee meetings in addition to the regular City Council Meetings.

Early in the year, Council amended the Codified Ordinances to establish the new Emergency and Municipal Services Tax levied at $52 annually that replaced the Occupational Privilege Tax of $10 per person, as a result of the passage of a State law.

City Council conducted a multitude of Public Hearings in 2005 related to changes in the Zoning Ordinance, and began the year with passage of an RR Overlay District for Township Line Road.

To improve and preserve neighborhoods, Council rezoned property in the vicinity of Union Boulevard and Center Street from Commercial Business District to RM and RT Residential Districts.

Council disapproved a request to rezone residential property in the area of Easton Avenue to Limited Commercial District in an effort to help maintain the long-standing residential neighborhood qualities.

Property at LVIP VII in the vicinity of East Fourth Street and Route 412 was rezoned by City Council from Heavy Industrial District to Industrial Redevelopment District; and, Council approved the addition of permitted uses in the Heavy Industrial and Industrial Redevelopment Districts.

Council made numerous other changes in the Zoning Ordinance pertaining to Off-Street Parking and Loading, Uses Granted Under Special Conditions, Table of Area, Yard and Building Regulations, Use Regulations in various Zoning Districts including adding a Visitors Center as a use in the Light Industrial District, and amended the Zoning Definitions to expand on the definition of condominiums to permit condominium developments for single and twin developments as well as multi-family developments.

The Members of Council noted their interest in an overall update of the City’s Zoning Ordinance, and approved a grant request for the City to receive $80,000 in Land Use Planning and Technical Assistance Program funds towards the cost of the update.

Council authorized legislation to require that developers traffic studies be reviewed by the City’s consulting traffic engineers and that developers are responsible for the cost of the City’s review of the traffic study.

The Elm Street Plan was adopted by City Council for North and West Side neighborhoods, and was incorporated into the City’s Comprehensive Plan.

Several Street Vacation requests were received by City Council during 2005, and two Ordinances were adopted to vacate portions of Brodhead Avenue and Silk Mill Street.

In finance related matters, City Council approved a Bond Issue for Non-Utility and Sewer Capital Projects, General Fund Equipment, and Refinanced the 2001 Bond Issue. Council also adopted an Ordinance to require a Balanced Budget for the City of Bethlehem.

A contract for the sale of property by the Redevelopment Authority in the vicinity of West Goepp Street that was the former site of a Silk Mill for residential re-use of the building was approved by Council Resolution.

In the area of Water and Sewer, City Council adopted a new Stormwater Management Ordinance, approved an Ordinance to institute a Sewer Tapping Fee, and adopted an Ordinance to eliminate the Sewer Rate Quantity Discount.

City Council authorized an agreement with the Pennsylvania Department of Transportation for an award of $200,000 in Federal transportation funds for the City’s acquisition of the Norfolk Southern Right of Way in South Bethlehem from Union Station to Daly Avenue to develop a greenway, and also approved a grant application for funding of $800,000 from the Pennsylvania Department of Conservation and Natural Resources for Phase I implementation of the greenway.

Several Intermunicipal Liquor License Transfer requests were presented to City Council last year, and Resolutions were adopted approving transfers from Pen Argyl to Starter’s Riverport Restaurant at West Second Street, and from Bath to the Firehouse Bar and Grill on Broadway.

Continuing the updating of the City’s building related Ordinances, Council adopted the 2003 International Property Maintenance Code.

In the area of Planning, City Council amended the Non-Utility Capital Budget to provide funding for a study of the Stefko Boulevard Corridor, and for a Keystone Innovation Zone transportation linkage study.

As work continues on the western portion of Sand Island, Council adopted a Resolution to extend the State grant of $200,000 for the project.

Council also approved a grant from PennDot for the installation of sidewalks on a section of Linden Street and on a section of Eighth Avenue, as well as for removal of the overhead pedestrian bridge on Eighth Avenue that was erected many years ago when Route 378 was completed.

Following possibly the largest Public Hearing and City Council Meeting in the City’s recent history, the Members of Council defeated on First Reading, by a vote of 3 in favor and 4 against, requests advanced by Council Members Mowrer and Leeson to amend the Zoning Ordinance in order to prohibit gambling in the Industrial Redevelopment-Flexible, Heavy Industrial, and Industrial Redevelopment Districts. The proposals were made in light of a development project that would bring a slots casino to the Bethlehem Works in South Bethlehem, a former Bethlehem Steel Corporation site.

Council revised the fees charged for Water Rates, Food Service Establishments, Subdivision and Land Development reviews, at the Golf Course, and for Recreational activities.

A Resolution was adopted, by a vote of 4 in favor and 3 opposed, to amend the Time Limits for Courtesy of the Floor at City Council Meetings from 12 minutes to 5 minutes.

Among the final actions taken by City Council in 2005 in conjunction with adoption of the annual Budget was approval of $1 million in funding to correct sewer problems in the Homestead Avenue area. In adopting the 2006 Budget, City Council approved the addition of four Paramedics, and reduced the tax rate from 14.17 mills to 14.10 mills.”

2. Councilmanic Appointment – Jean Belinski – Library Board

President Schweder reappointed Jean Belinski, 1846 Watkins Street, Bethlehem, Pennsylvania 18017, to membership on the Library Board, effective until January 2009. Mr. Donchez and Mr. Leeson sponsored Resolution 14,760 to confirm the appointment.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Ms. Szabo, and Mr. Schweder, 6. The Resolution passed.

3. Councilmanic Appointment – April Herrity – Library Board

President Schweder reappointed April Herrity, 732 Hawthorne Road, Bethlehem, Pennsylvania 18018, to membership on the Library Board, effective until January 2009. Mrs. Belinski and Mr. Donchez sponsored Resolution 14,761 to confirm the appointment.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Ms. Szabo, and Mr. Schweder, 6. The Resolution passed.

4. Councilmanic Appointment – Emil Signes – Library Board

President Schweder reappointed Emil Signes, 705 Tioga Street, Bethlehem, Pennsylvania 18018, to membership on the Library Board, effective until January 2009. Mrs. Belinski and Mr. Donchez and Mr. Leeson sponsored Resolution 14,762 to confirm the appointment.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Ms. Szabo, and Mr. Schweder, 6. The Resolution passed.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

None.

12. NEW BUSINESS

Pension Investments

Mr. Donchez, referring to the Pension Board minutes of December 2, 2005, noted that on page 5 it was stated that some consideration should be given to allocations of funds in below investment grade fixed income. Mr. Donchez further noted that on page 7 it was indicated that possibly $2,000,000 may be invested in high yield “junk bonds”. Mr. Donchez asked for an update on the matter.

Dennis Reichard, Business Administrator, replied they are not junk bonds but rather are well established companies that have good, sound balance sheets and income statements, and have had some turnover with management. Mr. Reichard continued on to say that is why they are considered a little below grade, but they are solid companies that will be coming up in the future. Mr. Reichard, explaining the Pension Board did not invest in what would be considered junk bonds, reiterated the investments are in companies that are solid but have had some management changes.

Mr. Donchez inquired if the dollar amount is $2,000,000.

Mr. Reichard responded yes it is $2,000,000, and added it was unanimously approved by the Pension Board.

13. COURTESY OF THE FLOOR

Apology to Mr. Arcelay

Stephen Antalics, 737 Ridge Street, expressed that he misjudged an individual and made his feelings known to some of the Members of Council. Mr. Antalics said for that he would like to make a public apology because the person to whom he owes the apology will be leaving City Council. Mr. Antalics, apologizing to Mr. Arcelay for his misjudgment, stated he encourages Mr. Arcelay to stay in touch with the City because “maybe the City misjudged as much as I did.”

12. ADJOURNMENT

The meeting was adjourned sine die at 7:50 p.m.
ATTEST:

City Clerk

BETHLEHEM CITY COUNCIL REORGANIZATIONAL MEETING
NEW COUNCIL
Tuesday, January 3, 2006 – 7:30 PM
10 East Church Street - Town Hall
Bethlehem, Pennsylvania

4. ROLL CALL OF HOLD-OVER MEMBERS OF COUNCIL

The Clerk called the Roll of the Hold-Over Members of Council. Present as Hold-Over Members were: Robert J. Donchez, and Magdalena F. Szabo, 2. Gordon B. Mowrer was absent, 1.

2. PRESENTATION OF CERTIFICATES OF ELECTION

The Clerk affirmed that the Certificates of Election for the newly elected Members of Council had been presented.

3. SWEARING-IN CEREMONIES

A. Members of Council

William F. Moran, Judge of the Northampton County Court of Common Pleas, administered the Oath of Office to Jean Belinski, Karen D. Dolan, Joseph F. Leeson, Jr., and J. Michael Schweder, duly elected Members of Council.

4. ROLL CALL OF NEWLY CONSTITUTED COUNCIL.

The Clerk called the Roll of the Newly Constituted Council. Present were: Jean Belinski, Karen D. Dolan, Robert J. Donchez, Joseph F. Leeson, Jr., J. Michael Schweder, and Magdalena F. Szabo, 6. Gordon B. Mowrer, was absent, 1.

5. ELECTION OF PRESIDENT OF COUNCIL.

Mr. Donchez moved to elect J. Michael Schweder as President of Council for the years 2006 and 2007. Mr. Leeson seconded the motion.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Schweder, and Ms. Szabo, 6. The motion passed.

Mr. Schweder took the Chair.

6. REPORTS

A. President of Council

Mr. Schweder thanked his colleagues and expressed he is honored to be selected to again serve his colleagues for another two year term as President of City Council. Mr. Schweder, on behalf of the Members of Council, welcomed Ms. Dolan to City Council, and added he thinks she will be a great addition to City Council. Mr. Schweder continued on to recall there have been many different people who have served on City Council in the time he has been here, all with unique attributes and abilities they have brought to City Council. Mr. Schweder denoted one of the attributes that has worked very well is the ability to respect each other and to work collectively. Mr. Schweder added that he will do his best to run the Meetings as effectively as possible, and respect all the Members of Council as well as the citizens.

Mr. Schweder congratulated Mayor Callahan on his swearing-in again this morning.

B. Mayor

Mayor Callahan congratulated the newly sworn-in Council Members and stated he looks forward to working with the Members of Council over the next four years to continue to build a better Bethlehem. Mayor Callahan congratulated Mr. Schweder on his election as President of Council.

7. COURTESY OF THE FLOOR

FAA Tower – South Mountain

William Scheirer, 1890 Eaton Avenue, made reference to the FAA Final Environmental Impact Statement recently released on the radar tower to be erected on South Mountain that would involve the removal of one and half acres of trees. Mr. Scheirer said the new reason given for the site selection, that did not in the appear in the draft Environmental Impact Statement, was that the site is critical for air traffic control, even though it is only a few feet higher than the sites of the Star of Bethlehem and the Homer Research Laboratory. Mr. Scheirer related that approximately 20 zoning variances will be required from Lower Saucon Township, and that Lower Saucon Township is not intending to grant variances at which point the Township will go to court, and the burden of proof will be on the FAA. Mr. Scheirer further expressed that Lower Saucon Township is still interested in friendly assistance from the City of Bethlehem. Mr. Scheirer noted that the issue has not been placed on the City Planning Commission’s agenda, and asked that City Council request the Planning Commission to review the study as they did before, and advise City Council about their thoughts on the issue.

8. ADJOURNMENT

The meeting was adjourned at 8:00 pm.