Council Minutes

June 6, 2006 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street - Town Hall
Bethlehem, Pennsylvania
Tuesday, June 6, 2006 – 7:30 PM

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

President J. Michael Schweder called the meeting to order. Pastor Cole McClenithan, of the Central Assembly of God, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Karen Dolan, Robert J. Donchez, Gordon B. Mowrer, Magdalena F. Szabo, and J. Michael Schweder, 6. Joseph F. Leeson, Jr. was absent, 1.

Citation – Honoring Eugene Novak

President Schweder presented a Citation to Eugene Novak, former Deputy Fire Commissioner, who retired from the Fire Department after 42 years of service.

The Members of Council applauded Mr. Novak, and wished him well in his retirement.

4. APPROVAL OF MINUTES

The Minutes of May 17, 2006 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

None.

7. COMMUNICATIONS

None.

8 . REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Beth Starbuck – South Bethlehem Conservation District Commission
Mayor John B. Callahan reappointed Beth Starbuck to the South Bethlehem Conservation District Commission, effective until April 2009. Ms. Szabo and Mr. Donchez sponsored Resolution 14,853 to confirm the appointment.

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

C. Finance Committee

In Chairman Leeson’s absence, Mr. Donchez, Member of the Finance Committee, presented an oral report of the Committee’s meeting held on Wednesday, May 31, 2006 on the following subjects: Amending Non-Utility Capital Budget – Illick’s Mill Partnership; Amending General Fund Budget – Parks and Public Property Department - A. Mechanical Equipment Repairs, B. Contributions, C. Recreation – Other Expenses and Special Programs, Streets Bureau - Mechanical Equipment; Hiring Additional Replacement Police Officers; Hiring Additional Replacement Fire Fighters; Transfer of Funds – Engineering Bureau – Temporary Help; Transfer of Funds – Water Fund – Audit; Transfer of Funds – Water Fund – Professional Services; Transfer of Funds – Sewer Capital – Digester Flashing/Brick Pointing; Transfer of Funds – Sewer Capital – Belt Filter Press Replacement; Transfer of Funds – Sewer Fund – Professional Services; Utilization of Savings – Bureau of Streets – Liquid Fuels Equipment; Amending Non-Utility Capital Budget – HOME Investment Trust; Amending Non-Utility Capital Budget – CADCB Façade/Housing Rehab; Amending General Fund Budget – Health Bureau – Various Adjustments; Amending CDBG Budget – Various Adjustments.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 20 – 2006 – Amending Non-Utility Capital Budget – Illick's Mill, HOME Investment Trust, and Facade Program

The Clerk read Bill No. 20 - 2006, Amending Non-Utility Capital Budget – Illick's Mill, HOME Investment Trust, and Facade Program, sponsored by Mr. Donchez and Mr. Mowrer, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2006 CAPITAL BUDGET FOR NON-UTILITIES.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. Bill 20 – 2006 was declared passed on First Reading.

B. Bill No. 21 – 2006 – Amending General Fund Budget – Parks and Public Property Department and Health Bureau

The Clerk read Bill No. 21 – 2006, Amending General Fund Budget – Parks and Public Property Department and Health Bureau, sponsored by Mr. Donchez and Mr. Mowrer, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2006.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. Bill 21 – 2006 was declared passed on First Reading.

11. RESOLUTIONS

A. Authorizing Use Permit Agreement for Public Property – 2006 Borinquenfest

Ms. Szabo and Mr. Donchez sponsored Resolution 14,854 that authorized the execution of a Use Permit Agreement between the Puerto Rican Cultural Coalition of Bethlehem and the City for use by the Puerto Rican Cultural Coalition of the area beneath the Hill-to-Hill Bridge for the 2006 Borinquenfest for the time period June 19, 2006 to June 29, 2006, according to the terms of the agreement.

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

B. Authorizing Amendment No. 3 to Lease Agreement – Police Substation – 723 Center Street

Ms. Szabo and Mr. Donchez sponsored Resolution 14,855 that authorized the execution of Amendment No. 3 to the Lease Agreement between Fred A. Achey and the City for lease by the City of 723 Center Street for a Police Substation on a month to month basis, according to the terms and conditions of the lease agreement.

Ms. Dolan asked why the lease is on a month to month basis, and whether all the leases are month to month. Ms. Dolan later noted the question came up at a block watch meeting.

Mayor Callahan, affirming that not all are leased month to month, explained this is an update to an existing lease and the City is considering other options in the area regarding Community Policing. Mayor Callahan confirmed the City wants to leave its options open in terms of the location.

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

C. Certificate of Appropriateness – 7 West Morton Street

Ms. Szabo and Mr. Donchez sponsored Resolution 14,856 that granted a Certificate of Appropriateness to install a double-sided, projecting sign at 7 West Morton Street.

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

D. Certificate of Appropriateness – 331 South New Street

Ms. Szabo and Mr. Donchez sponsored Resolution 14,857 that granted a Certificate of Appropriateness to install awning and window signage at 331 South New Street.

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

Motion – Considering Resolutions as a Group

Mr. Donchez and Ms. Szabo moved to consider Resolutions 11 E through 11 H as a group. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. The motion passed.

E. Transfer of Funds – Engineering Bureau – Temporary Help

Mr. Mowrer and Ms. Dolan sponsored Resolution 14,858 that transferred $3,000 in the General Fund Budget from the Engineering Bureau – Salaries Account to the Engineering Bureau – Temporary Help Account to pay for temporary help from students of nearby colleges to assist the City in its effort to collect field data for the City's GIS database.

F. Transfer of Funds – Water Fund – Professional Services – Audit

Mr. Mowrer and Ms. Dolan sponsored Resolution 14,859 that transferred $14,150 in the Water Fund Budget from the Unforeseen Contingency Account to the Professional Services Account to pay Parente Randolph for the Water Fund portion of the audit.

G. Transfer of Funds – Sewer Capital Fund – Digester Flashing/Brick Pointing

Mr. Mowrer and Ms. Dolan sponsored Resolution 14,860 that transferred $15,000 in the Sewer Capital Fund from the Security-Vulnerability Account to the Digester Flashing/Brick Pointing Account to pay for the project since proposals came in over budget.

H. Transfer of Funds – Sewer Capital Fund – Belt Filter Press Replacement

Mr. Mowrer and Mrs. Belinski sponsored Resolution 14,861 that transferred $10,000 in the Sewer Capital Budget from the Security-Vulnerability Account to the Belt Filter Press Replacement Account to pay for unforeseen carryover costs from 2005.

Voting AYE on Resolutions 11 E through 11 H: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. The Resolutions passed.

I. Utilization of Savings – Liquid Fuels Fund – Streets Bureau Equipment

Mr. Mowrer and Ms. Dolan sponsored Resolution 14,862 that utilized savings in the amount of $8,400 in the Liquid Fuels Fund Budget from the Equipment Account to purchase two "Cat Hauler" trailers for the Bureau of Streets.

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

12. NEW BUSINESS

None.

13. COURTESY OF THE FLOOR

Various Issues

Eddie Rodriquez, 1845 Linden Street, thanked Jim Smith, Street Superintendent, Charles Brown, Director of Parks and Public Property, and Michael Alkhal, Director of Public Works, for all their efforts in the community, including crime prevention, by assisting with lighting, tree trimming, and so on. Mr. Rodriquez reiterated his past comments that the Administration should alert and educate people about reporting things they see happening in the community, so that people are not allowed to be threatened or intimidated. Mr. Rodriquez informed the assembly he has a list that he will turn in to the District Attorney’s Office that will help the cities of Allentown, Bethlehem, and Easton. He added he would like to turn it in to Francis Donchez, Police Commissioner, and Randy Miller, Deputy Police Commissioner. Stressing that if negative activities are going to affect Allentown then they are also going to affect the Bethlehem area, Mr. Rodriquez advised he is talking about actual gang activity that “has to be stomped on before it comes into our area.” Mr. Rodriquez stressed that the Chec-Mate system will work, and the South Side Task Force members need to work closer with the community.

Joint Meeting – Gang Activities

Mayor Callahan advised that this morning the Mayors of Allentown, Bethlehem, Easton, Lancaster, and Reading met in Reading. Mayor Callahan recounted that the Route 222 corridor area was able to secure one of six nation-wide grants, in the amount of $2.5 million, to address gang-related violence. The meeting today was to review plans for the grant funding expenditures. Mayor Callahan noted that Police Lieutenant Stuart Bedics, who heads the City’s Gang Task Force, also attended today’s meeting. Mayor Callahan explained it is a three-pronged program aimed at prevention in people entering a gang, prosecution if people enter a gang, and re-entry when people leave prison to ensure they do not re-enter a gang. Mayor Callahan highlighted the fact that gang activity is a regional problem that needs to be attacked with a regional solution. Mayor Callahan expressed that he appreciates Mr. Rodriquez’s help.

Proposed Casino – Bethlehem Works Site – South Side

Robert Pfenning, 2830 Linden Street, recalling he has supported the Bethlehem Works project from the beginning, said over a period of time he has some doubts about the wisdom of his decision. Mr. Pfenning communicated that the big size of the Las Vegas Sands bothers him. Mr. Pfenning related that when he questioned Mr. Krauss, chief counsel of Las Vegas Sands, at the Pennsylvania Gaming Control Board Hearings regarding the omission from the first quarter SEC Form 10Q indicating how much money is being spent on the Bethlehem Works project, Mr. Krauss’ reply was that it was immaterial for disclosure purposes. Mr. Pfenning said, while that is true from a strict accounting sense, as of last December that number had climbed up to $6.6 million and is a big amount of money. Mr. Pfenning communicated his concern “that Las Vegas Sands will become the elephant in the china shop of Bethlehem, and it will perhaps try to expedite things that shouldn’t be expedited, etc.” Mr. Pfenning expressed his wish to see that the government processes are allowed to function as they are written and as the law requires. Focusing on the zoning of the Bethlehem Works site, Mr. Pfenning stated that the IR District zoning does not by right include casinos as a use. By contrast, Mr. Pfenning highlighted the fact that the Business Light Industrial zoning in the City of Allentown where a casino is proposed has betting use permitted as a by right use. Mr. Pfenning thought that a special exception use for the Bethlehem Works area could be obtained. Mr. Pfenning asked City Council to consider amending the IR District zoning to permit casino gambling by right. Otherwise, Mr. Pfenning said he is going to strongly urge City Council that during the planning and development process they make sure everything is done as it should be to make sure that a special exception is granted.

Parking Lot - Atlantic and Laufer Streets

Artie Curatola, 813 Laufer Street, advised there is a lot on Atlantic and Laufer Streets on which the buildings were knocked down, and it became a parking lot for a number of years. Mr. Curatola commented that the City took control of the lot, did not allow parking, did not put up any signs, and put up chains and poles. Advising the house in which he lives is on the corner where the parking lot is located, Mr. Curatola notified the assembly that every year windows on the house are broken as a result youth throwing stones from the parking lot at the windows. Mr. Curatola requested that a vote be taken to give back the parking lot to the South Side residents since 23 parking spaces were eliminated when the parking lot was closed. Mr. Curatola explained that, after numerous attempts to contact various officials, he has been unable to get compensation for the broken windows and the broken windshield that he reported to the Police. Mr. Curatola noted he found out some individuals did get tickets for parking in the lot in spite of the fact that there are not any no parking signs at the lot, which he asserted is unfair. He later remarked that 23 fewer parking spaces means more parking ticket revenue for the Parking Authority.

Ms. Szabo asked if this is the same parking lot for which the Parking Authority has now entered into a contract this week.

Mayor Callahan responded yes. Mayor Callahan, in response to Mr. Curatola, affirmed that the lot will be monthly contract parking.

Ms. Szabo informed Mr. Curatola that he can find out all the details by contacting Hector Nemes, Executive Director of the Parking Authority, who is very cooperative.

Jennifer Sulken, 982 New York Avenue, Hellertown, said it was suggested to her that the matter referenced by Mr. Curatola concerning the parking lot on Atlantic and Laufer Streets be brought before City Council. Ms. Sulken, affirming there are no signs instructing individuals not to park in the parking lot, related that she had asked passers-by for suggestions where to park and was told to park in the parking lot. However, she received a parking ticket for parking an “unattended vehicle on private property”. Ms. Sulken, confirming there are no signs that indicate it is private property or municipal property, stressed there are no signs whatsoever in the entire lot saying that one should not park there, in spite of the fact that it looks like a parking lot. Subsequently, a chain was installed so that motorists can no longer pull into the parking lot. Ms. Sulken asked is there any way her parking ticket can be dismissed. She affirmed that, since she has been informed, she will no longer park there in the future.

President Schweder commented that, as Ms. Szabo had suggested to the preceding speaker, Ms. Sulken would need to talk to the Parking Authority.

Ms. Sulken, advising she has spoken with the Parking Authority, said “they have been less than forthcoming, and less than helpful.” Ms. Sulken further explained she was informed that if she does not win at the court hearing she would have to pay extra fines.

Mrs. Belinski, informing Ms. Sulken that she is Council’s liaison to the Parking Authority, notified Ms. Sulken she should speak to Hector Nemes, the Executive Director of the Parking Authority. Mrs. Belinski continued on to explain that problems such as Ms. Sulken’s can be brought before the Parking Authority Board which meets the last Wednesday of every month at 4:30 p.m. Mrs. Belinski also gave to Ms. Sulken the telephone number of Mr. Nemes.

Charles Brown, Director of Parks and Public Property, explained that the parking lot was one of the Marra properties, and it was not City property. Since it was not owned by the City, the City could not pave it, it became a problem, and the City eventually chained off the lot by the order of the Redevelopment Authority. Mr. Brown related that Mayor Callahan worked with the Parking Authority to take over the lot.

Various Issues

Dean Bruch, 555 Spring Street, related the story of the town in Idaho where his daughter lives that is experiencing a lot of trouble with population growth. Mr. Bruch explained that when residents of the town see something happening they automatically report it to the 911 center. Mr. Bruch further related the fact that his daughter’s car was hit by another motorist, and a witness followed the car of the person who hit her car. Mr. Bruch stressed that people have to use common sense and help the other person.

Mr. Bruch commented that Authorities were formed when the City could not get money. However, Mr. Bruch remarked that the City is ultimately responsible for the debt of an Authority, and wondered about controls.

Mr. Bruch said he is proud to see David Brong, Director of Water and Sewer Resources, who comes to all the City Council Meetings, and observed that a representative of the Parking Authority is not at the meetings.

Garbage and Public Safety Issues

Dana Grubb, 2420 Henderson Place, said he attended the Atlantic Street Block Watch meeting at which a Community Police Officer talked about garbage enforcement, and that the Police are assisting the Bureaus of Housing and Health in enforcing complaints and taking a zero tolerance approach. Mr. Grubb continued on to say they are issuing citations, and winning cases at the magistrate.

Mr. Grubb, focusing on public safety, observed that the departments are being asked to cover former Bethlehem Steel Corporation properties, an area of the City encompassing 20% of the land mass that they never covered before. Mr. Grubb thought it might be a good idea for the Police, Fire, and EMS departments to develop a 5 year plan for potential growth needs to address local changes, the influx of outside residents, and the enforcement needs of 20% of the City’s land area never before covered. Mr. Grubb expressed the opinion that, in particular, staffing levels, deployment strategies, citizens needs and perceptions, should be reviewed and analyzed, and needs should be assessed in terms of growth in the City. Mr. Grubb noted he was informed in his discussions with Police officials and Union members that an estimated 20 additional Police Officers are needed. Mr. Grubb recalled that, as was stated at a recent meeting, for less than one-quarter million dollars four additional Police Officers could be put on the streets which he thought was excellent value for taxpayers money. He commented that if the City needs to grow its public safety services it needs to do it incrementally. Mr. Grubb thought that the Administration in cooperation with Council needs to take a look at a systematic analysis and develop a five year plan.

South Side Greenway

Dave Sanders, 69 E. Goepp Street, thanking City Council and the Administration, communicated it was great to read that the City received two grants for the South Side Greenway project.

14. ADJOURNMENT

The meeting was adjourned at 8:20 p.m.