Council Minutes

October 16, 2007 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, October 16, 2007 – 7:30 PM

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

President Schweder called the meeting to order. Reverend Richard D. Collins of the First Church of the Nazarene offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Karen Dolan, Robert J. Donchez, Joseph F. Leeson, Jr., Gordon B. Mowrer, Magdalena F. Szabo, and J. Michael Schweder, 7.

Executive Session

President Schweder announced that City Council met in Executive Session this evening, Tuesday, October 16, 2007 at 6:00 PM in the Mayor's Conference Room. The purpose of the Executive Session was to consult with the attorney or other professional advisors regarding information or strategy in connection with litigation or with issues on which identifiable complaints are expected to be filed.

PUBLIC HEARING - Proposed 2008 Action Plan - Community Development Block Grant (CDBG) and HOME Investment Partnership Programs

Prior to the consideration of the regular Agenda items, President Schweder called to order a Public Hearing on the Proposed Action Plan for 2008 that includes funding under the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs.

Irene Woodward, Housing and Community Development Planner, confirmed that the Public Hearing for the Proposed 2008 Action Plan is part of the Citizen’s Participation Plan for the City and is an opportunity for public input on the Proposed 2008 Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs. Ms. Woodward stated the anticipated entitlement for the CDBG Program is $1,620,000 in addition to reprogrammed funds and program income that brings the total to $2,589,404.66. The anticipated amount for the HOME Program is $530,000 in addition to $75,900 of program income and reprogrammed funds. Ms. Woodward, affirming that many of the activities in the 2008 proposal have been in prior years’ budgets, stated she would highlight the new activities which are ShareCare, Embrace Your Dreams, and VIA of the Lehigh Valley. Ms. Woodward explained that ShareCare is a public service program for the elderly and disabled that would allow expanded coverage for a volunteer coordinator to assist in coordinating volunteers to provide additional services for the elderly and disabled in their homes allowing them to get to appointments, perform household chores, and allow them to stay in their homes. Embrace Your Dreams is a youth development program to offer life skills in addition to sports activities targeted to low and moderate income individuals from schools. VIA is a microenterprise business development program focused on assistance to the disabled to help them with business development activities from inception and helping them through the process. Ms. Woodward reviewed new HOME program proposals, as follows. HOM, Inc. is proposing construction of two affordable town homes at Ridge and Shield Streets. New Bethany Ministries is proposed to receive funding for possible expansion of their program. Victory House is proposing is expand its transitional housing from 10 to 22 beds. Turning Point is proposing to make renovations to the bathrooms at its shelter. Funding is proposed for the HOOP program for down payment and closing cost assistance for first-time homebuyers.

The specific activities contained in the Proposed 2008 Action Plan are as follows: CDBG: Saucon Park - Stone Wall - $124,000; ADA Improvements - $15,000; Southside Parks and Playgrounds - $110,000; Public Works: Street Overlays - $80,000, Curb Ramps - $35,000, Public Works Engineering - $20,000, Street Trees - $15,000, Carlton Avenue Reconstruction -$220,000; Southside Recreation Coordinator (SSRC) Salary - $20,000; Police – Existing three officers - $206,000; CACLV – Financial Counseling - $20,000; LVCIL – Disability/Accessibility Counseling - $20,000; ShareCare - $12,000; Embrace Your Dreams - $4,000; CADC – Micro Enterprise - $25,000, Via of the Lehigh Valley - $26,000; Bethlehem Redevelopment Authority - $157,000; Housing Rehabilitation – Staff/Delivery Costs - $150,000 and Grants/Loans - $331,000; Economic Development - Staff/Delivery Costs - $250,000, FRED Program - $279,000, and Façade Program - $118,900; Bethlehem YMCA - $100,000; NHS of the LV – HOOP Delivery - $10,000; Program Administration - $211,504.66; Community Development Consulting - $30,000; TOTAL $2,589,404.66.

Ms. Szabo requested that representatives of the three organizations proposed to receive CDBG funds for new activities explain what they do.

Jolee Thomas, Executive Director of Embrace Your Dreams, explained it is a youth development program that serves primarily underserved youth ages 8 to 16 at six sites throughout the Lehigh Valley. The Bethlehem sites are at Sand Island and at the Marvine-Pembroke Housing Development. The program teaches life skills and core values through the sports of tennis and golf. It is based on research done by Community Action Development Corporation of Allentown, and started with 12 youths at Jordon Park in Allentown. The program now serves over 600 youths throughout the Lehigh Valley of which approximately 350 are from Bethlehem. The program partners with the Bethlehem Area School District’s ASPIRE program. Almost 50% of the participants come back year to year. In addition, it enables participants to get college scholarships. The young people learn how honesty, integrity, and courtesy can help them on and off the court throughout life, helps build self-esteem and self-confidence, and they learn goal-setting. Ms. Thomas read a letter from a participant in the program.

Carol Daig, President of the Board of Directors for ShareCare, stated the organization is a faith-in-action, non-profit agency that has been in existence for about 15 years. Volunteers from various faith communities serve the elderly and disabled with various services such as transportation to appointments and shopping, cleaning, and outside work that are offered at no charge. The program enables people to stay in their homes as long as possible, and is aimed at low income people. The funds would go towards a part-time volunteer coordinator for over 300 volunteers.

Mr. Mowrer asked how many people have been helped.

Ms. Daig replied that thousands of individuals have been helped over the years.

Corey Smith, Director of Employment Services for VIA Lehigh Valley, noted the organization has served the disabled since 1954. The funds would be for an entrepreneurship grant to further economic development for Bethlehem citizens who have disabilities and to partner with the City for employment. Mr. Smith informed the assembly that the unemployment rate for people with disabilities is 70%. The funds would provide ¾ of the salary needed for a grant coordinator to work with the City’s economic development staff to develop self-employment options and various other entrepreneurial efforts for the disabled who live in Bethlehem.

Mr. Donchez asked what is the percentage of the match from CDBG funds for the salaries of the three existing Police Officers.

Ms. Woodward replied it would be close to the 100% that was requested

Mr. Donchez inquired how many businesses applied and were approved for Façade loans.

Ms. Woodward advised she could obtain that information.

Ms. Szabo communicated that the three new organizations are an excellent choice.

Mr. Leeson requested a side by side comparison of the 2007 CDBG expenditures and balances with the Proposed 2008 CDBG Program.

President Schweder, while observing everyone agrees that the proposals are all very meritorious, inquired if there is a legal problem providing funds to the three new organizations based on the Resolution passed previously that prohibits the use of CDBG funds for organizations except for bricks and mortar projects.

Ms. Woodward responded that the proposal provides funding for additional services that the City does not provide. Ms. Woodward advised that the funding for VIA is for economic development that is similar to what the City provides for agencies to conduct microenterprise development programs. Ms. Woodward continued on to say the proposals are all along the lines of similar public services that the City has provided.

President Schweder asked whether there is a written legal opinion stating that what is being advanced is allowed under the law.

Ms. Woodward noted she does not have a written legal opinion.

President Schweder asked that a written legal opinion be sought before the matter is listed on the next City Council Agenda.

Public Comment

Dana Grubb, 2420 Henderson Place, said that in Resolution 12,545 it states that CDBG funds will be allocated to private non-profit organizations only to supplement costs associated with expansion, building or other capital efforts referred to as bricks and mortar projects, and funds will not be allocated for operating and program costs. He thought Council was in a very grey area with some of the CDBG requests, and added that he raised the issue two years ago. Mr. Grubb commented that VIA is an extension of economic development programs that the City offers, and provides services that the City staff otherwise would not be qualified to provide. Mr. Grubb continued on to say the other two organizations might fall into the grey area. He observed that Council has the ability to amend the Resolution. Mr. Grubb added that he wrote the Resolution and knows the intent behind it.

Ms. Dolan asked why the Resolution was passed.

The Clerk recalled that there were a large number of requests for funding under the CDBG program and some parameters had to be set at that time.

President Schweder noted it is a similar debate to that which occurred last year regarding funding in the City’s General Fund Budget from Civic Expenses to organizations such as the Bach Choir, and trying to make a determination as to what was allowable. President Schweder, reiterating that he thinks a legal interpretation is needed, requested that the Clerk assemble the information along with what will be provided by Ms. Woodward for the Members.

Ms. Dolan inquired whether the schedule for adoption of the 2008 CDBG Program would dictate when an amendment to the Resolution could be made if desired.

President Schweder affirmed there is a timeframe within which adoption of the 2008 CDBG Program must take place.

President Schweder stated the appropriate Resolution will be placed on the November 7 Council Agenda.

The Public Hearing was adjourned at 7:55 p.m.

4. APPROVAL OF MINUTES

The Minutes of October 2, 2007 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

Certificate of Appropriateness - Streetscape Master Plan - Historic District

Mr. Donchez recalled that at the September 18, 2007 City Council Meeting, the Resolution to approve a Certificate of Appropriateness for the Streetscape Master Plan for the Historic District area was tabled. Mr. Donchez, noting he reviewed the plan, said he would be willing to take it off the table for a vote this evening.
President Schweder, requesting that not be done this evening, advised he has had discussions with the Historic Officer about the matter, and he would like to talk to the representative from the neighborhood association who tried to contact him today. President Schweder, while observing it is a meritorious proposal, thought there are serious legal questions that have to be answered with respect to features that would be unique to the neighborhood versus throughout the City.

Mr. Donchez, deferring to President Schweder, expressed the hope that it could be on the Agenda for Council’s first meeting in November.

President Schweder stated he would recognize Mr. Donchez to bring it off the table at the next Council Meeting.

7. COMMUNICATIONS

A. Director of Parks and Public Property – Rate Increase – Bethlehem Golf Club

The Clerk read a memorandum dated October 4, 2007 from Ralph E. Carp, Director of Parks and Public Property, to which was attached proposed 2008 rate increases for the Bethlehem Golf Club.

President Schweder referred the request to the Finance Committee.

B. City Solicitor – Records Destruction – Human Resources Bureau

The Clerk read a memorandum dated October 12, 2007 from John F. Spirk, Jr., Esq., City Solicitor, requesting a resolution for the destruction of records from the Human Resources Bureau. The Law Bureau reviewed the Municipal Records Retention Act and the records fall within categories where destruction is permitted.

President Schweder stated that the Resolution will be placed on the November 7 Agenda.

8 . REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Ellen Cary Bearn – Sister City Commission

Mayor Callahan reappointed Ellen Cary Bearn to membership on the Sister City Commission, effective until October 2010. Mr. Donchez and Mr. Mowrer sponsored Resolution 15,166 to confirm the appointment.

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

C. Finance Committee

Mr. Leeson, Chairman of the Finance Committee, presented an oral report of the Committee’s meeting held October 9, 2007 on the following subjects: Parking Authority – Increasing Ticket Fines; Transfer of Funds - General Fund Budget – A. Information Services Bureau – Temporary Help, B. Planning Bureau – Equipment, C. Public Works Department – Equipment, D. Overtime - 1. Parks Maintenance Bureau, 2. Police Department, 3. Fire Department, E. Professional Services – Administration - Labor and Other Issues; Transfer of Funds – Golf Course – Overtime; Transfer of Funds - Water Fund Budget - A. Water Control – Overtime, B. Water Control – Meal Reimbursement, C. Water Maintenance – Overtime, D. Water Maintenance - Meal Reimbursement; Transfer of Funds - Sewer Fund Budget - A. Sewer Maintenance – Overtime, B. Sewer Maintenance – Meal Reimbursement, C. Sewer Maintenance – Shift Differential, D. Professional Services – Labor and Other Issues; Transfer of Funds - SEIU and TAMS Salary Increases – Union Contract - A. General Fund Budget, B. 911 Fund Budget, C. Water Fund Budget, D. Sewer Fund Budget, E. Golf Course Enterprise Fund Budget; Amending General Fund Budget - A. EMS Bureau – Uniforms and Safety Shoes, B. Fire Department – Roster Duty, C. Recreation Bureau – Temporary Help, D. Parks and Public Property Department – Equipment Repairs – Reimbursement, E. Health Bureau - Tobacco Grant – American Legacy Foundation; Amending 911 Fund Budget – Various Adjustments; Amending Non-Utility Capital Budget - A. Urban Forest Project, B. Elm Street – North by Northwest – Lehigh County Grant; and Transfer of Funds - General Fund Budget – Medical Expenses.

Chairman Leeson noted there were also discussions about the 2006 deficit of $1.6 million and concern was expressed about spending exceeding revenues by $2.6 million as noted in the August 2007 financial report, and that something needs to be done to bring spending in line with revenues.

D. Community Development Committee

Ms. Szabo, Chairwoman of the Community Development Committee, presented an oral report of the Committee's meeting held on October 9, 2007 on the following subject: Proposed 2008 CDBG and HOME Programs.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 27 – 2007 – Amending Article 342 – LERTA – Enterprise Development Area

The Clerk read Bill No. 27 – 2007 – Amending Article 342 – LERTA – Enterprise Development Area, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. Voting NAY: Mr. Leeson, 1. Bill No. 27 – 2007, hereafter to be known as Ordinance 4446, was declared adopted.

10. NEW ORDINANCES

A. Bill No. 28 – 2007 – Amending Article 531 – Parking Generally

The Clerk read Bill No. 28 – 2007 – Amending Article 531 – Parking Generally, sponsored by Mr. Mowrer and Mr. Donchez, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 531 OF THE CODIFIED ORDINANCES
ENTITLED PARKING GENERALLY.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 28 – 2007 was declared passed on First Reading.

B. Bill No. 29 – 2007 – Amending Article 533 – Parking Meters – Fees

The Clerk read Bill No. 29 – 2007 – Amending Article 533 – Parking Meters – Fees, sponsored by Mr. Mowrer and Ms. Dolan, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 533 OF THE CODIFIED ORDINANCES
ENTITLED PARKING METERS.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 29 – 2007 was declared passed on First Reading.

C. Bill No. 30 – 2007 – Amending General Fund Budget – Various Adjustments

The Clerk read Bill No. 30 – 2007 – Amending General Fund Budget – Various Adjustments, 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 2007.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 30 – 2007 was declared passed on First Reading.

D. Bill No. 31 – 2007 – Amending 911 Fund Budget – Various Adjustments

The Clerk read Bill No. 31 – 2007 – Amending 911 Fund Budget – Various Adjustments, 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 9-1-1 FUND BUDGET FOR 2007.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 31 – 2007 was declared passed on First Reading.

E. Bill No. 32 – 2007 – Amending Non-Utility Capital Budget – Urban Forest Project and Elm Street Project – North by Northwest Program

The Clerk read Bill No. 32 – 2007 – Amending Non-Utility Capital Budget – Urban Forest Project and Elm Street Project – North by Northwest 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 2007 CAPITAL BUDGET FOR
NON-UTILITIES.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 32 – 2007 was declared passed on First Reading.

11. RESOLUTIONS

A. Allocating 2007 State Aid – Pension Funding

Mr. Donchez and Mrs. Belinski sponsored Resolution 15,167 that authorized the appropriate City officials to allocate $2,808,798.60 of the 2007 General Municipal Pension System State Aid among the City's pension plans as follows: Police - $921,105.68; Fire - $921,105.67, O&E - $81,346, and Pension Bond Payment – April 20, 2007 - $885,241.25.

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

Considering Resolutions as a Group

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

B. Transfer of Funds – Planning Bureau – Equipment

Mr. Donchez and Mr. Mowrer sponsored Resolution 15,168 that transferred $1,578 in the General Fund Budget from the Planning Bureau – Office Supplies Account to the Planning Bureau – Equipment Account to purchase GIS compatible camera equipment.

C. Transfer of Funds – General Fund Budget– Professional Services – Labor and Other Issues

Mr. Donchez and Mr. Mowrer sponsored Resolution 15,169 that transferred $25,000 in the General Fund Budget from the Unforeseen Contingency Account to the Professional Services Account to pay for professional service charges related to labor issues and other professional services needed.

D. Transfer of Funds – Sewer Fund Budget – Professional Services – Labor and Other Issues

Mr. Donchez and Mr. Mowrer sponsored Resolution 15,170 that transferred $20,000 in the Sewer Fund Budget from the Unforeseen Contingency Account to the Professional Services Account to pay for professional service charges related to labor and other issues.

E. Transfer of Funds – Police and Fire Departments – Overtime

Mr. Donchez and Mr. Mowrer sponsored Resolution 15,171 that transferred $84,500 in the General Fund Budget as follows $22,500 - Unforeseen Contingency Account to Police Overtime Account, $20,000 – Police Gasoline Account to Police Overtime Account, and $42,000 -Unforeseen Contingency Account to Fire Overtime Account to provide additional funding needed for overtime.

F. Transfer of Funds – Water Fund Budget – Overtime and Meal Reimbursement

Mr. Donchez and Mr. Mowrer sponsored Resolution 15, 172 that transferred $43,600 in the Water Fund Budget from the Water General – Unforeseen Contingency Account to the following: $15,000 - Water Control – Overtime Account, $500 - Water Control – Meal Reimbursement, $27,000 - Water Maintenance – Overtime, and $1,100 - Water Maintenance – Meal Reimbursement to provide additional funding needed in the accounts.

G. Transfer of Funds – Sewer Fund Budget – Overtime, Meal Reimbursement and Shift Differential

Mr. Donchez and Mr. Mowrer sponsored Resolution 15, 173 that transferred $12,900 in the Sewer Fund Budget as follows: $12,800 - Sewer General – Unforeseen Contingency Account to $12,000 - Sewer Maintenance – Overtime Account and $800 - Sewer Maintenance – Meal Reimbursement Account; and $100 - Sewer Maintenance – Holiday Pay Account to $100 Sewer Maintenance – Shift Differential Account to provide funding needed in the accounts.

H. Transfer of Funds – Golf Course – Overtime

Mr. Donchez and Mr. Mowrer sponsored Resolution 15,174 that transferred $4,000 in the Golf Course Enterprise Fund Budget from the following: $1,000 - Refunds Account, $2,000 - Other Expenses Account, and $1,000 - Equipment Account, to the Golf Course Overtime Account to provide additional funding needed for overtime.

I. Transfer of Funds – General Fund Budget – SEIU Contract and TAMS Salary Increases

Mr. Mowrer and Mr. Dolan sponsored Resolution 15,175 that transferred $386,902 in the General Fund Budget from the General Expenses – Unforeseen Contingency Account to the various departmental salary accounts for the 2007 SEIU Contract and TAMS salary increase for 2007.

J. Transfer of Funds – 911 Fund Budget – SEIU Contract and TAMS Salary Increases

Mr. Donchez and Mr. Mowrer sponsored Resolution 15,176 that transferred $7,597 in the 911 Fund Budget from the Unforeseen Contingency Account to the 911 Salaries Account for the 2007 SEIU Contract and TAMS salary increase for 2007.

K. Transfer of Funds – Water Fund Budget – SEIU Contract and TAMS Salary Increases

Mr. Donchez and Mr. Mowrer sponsored Resolution 15,177 that transferred $77,683 in the Water Fund Budget from the Water General Expenses-Unforeseen Contingency Account to the various departmental salary accounts for the 2007 SEIU Contract and TAMS salary increase for 2007.

L. Transfer of Funds – Sewer Fund Budget – SEIU Contract and TAMS Salary Increases

Mr. Donchez and Mr. Mowrer sponsored Resolution 15,178 that transferred $87,688 in the Sewer Fund Budget from the Sewer General Expenses-Unforeseen Contingency Account to the various departmental salary accounts for the 2007 SEIU Contract and TAMS salary increase for 2007.

M. Transfer of Funds – Golf Course Enterprise Fund Budget – SEIU Contract and TAMS Salary Increases

Mr. Donchez and Mr. Mowrer sponsored Resolution 15,179 that transferred $29,000 in the Golf Course Enterprise Fund Budget from the General Fund Charges Account to the Golf Course Salaries Account for the 2007 SEIU Contract and TAMS salary increase for 2007.

N. Transfer of Funds – General Fund Budget – Medical Expenses

Mr. Donchez and Mr. Mowrer sponsored Resolution 15,180 that transferred $97,000 in the General Fund Budget from the following accounts: $8,000 - Equipment Maintenance, $5,000 - Temporary Help, $20,000 - Temporary Help, $5,000 - Unforeseen Contingency, $9,000 - Senior Citizens, to the Medical Insurance Account to pay for the City's medical costs.

Mr. Leeson, referring to discussions at the October 9, 2007 Finance Committee meeting about transfers from the Unforeseen Contingency Account, affirmed there is an obligation in light of the SEIU Contract signed in April 2007 to cover back wages to January 2007. Mr. Leeson continued on to point out the TAMS personnel are also entitled to a salary adjustment. Highlighting the fact that there is a concern the City is running short on its ability to pay whatever will be owed for salaries under the Police and Fire Union Contracts when they are settled, Mr. Leeson observed this is potentially a serious problem. Mr. Leeson explained he does not want any Member of Council to be unaware of the fiscal constraints under which the City is operating.

President Schweder recounted that in his discussions with Dennis Reichard, Business Administrator, Mr. Reichard agreed that additional monies in the Unforeseen Contingency Account need to be held for salaries when the Police and Fire Union Contracts eventually are settled, and a way will be found to encumber that money into next year’s fiscal plan and not simply revert back into cash at the end of the fiscal year, and that it will be set aside.

Mr. Reichard replied that is correct.

Voting AYE on Resolutions 11 B through 11 N: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolutions passed.

Considering Resolutions as a Group

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

O. Certificate of Appropriateness – 241 East Church Street

Ms. Dolan and Mrs. Belinski sponsored Resolution 15,181 that granted a Certificate of Appropriateness to replace the sidewalk at 241 East Church Street.

P. Certificate of Appropriateness – 429 Heckewelder Place

Ms. Dolan and Mrs. Belinski sponsored Resolution 15,182 that granted a Certificate of Appropriateness to retain the temporary metal siding at 429 Heckewelder Place.

Heckewelder Place – Sinkhole

Mrs. Belinski asked the status of the sinkhole that was discovered at Heckewelder Place.
Mayor Callahan responded it has been fixed, and additional potential sinkhole areas were investigated.

Michael Alkhal, Director of Public Works, added that all the sinkhole repairs have been made, and the sidewalk and curb repairs remain to be fixed. In further response to Mrs. Belinski, Mr. Alkhal advised that the cracks in the buildings are a different matter that will be discussed with property owners.

Q. Certificate of Appropriateness – 223 East Church Street

Ms. Dolan and Mrs. Belinski sponsored Resolution 15,183 that granted a Certificate of Appropriateness to replace a portion of the slate roof at 223 East Church Street.

R. Certificate of Appropriateness – 39 East Wall Street

Ms. Dolan and Mrs. Belinski sponsored Resolution 15,184 that granted a Certificate of Appropriateness to paint the exterior of 39 East Wall Street.

S. Certificate of Appropriateness – 510 High Street

Ms. Dolan and Mrs. Belinski sponsored Resolution 15,185 that granted a Certificate of Appropriateness to construct a roof deck at the rear of the building at 510 High Street.

T. Certificate of Appropriateness – Nisky Hill Cemetery

Ms. Dolan and Mrs. Belinski sponsored Resolution 15,186 that granted a Certificate of Appropriateness to repair the existing brick sidewalk at Nisky Hill Cemetery on East Church Street.

U. Certificate of Appropriateness – 553 Main Street

Ms. Dolan and Mrs. Belinski sponsored Resolution 15,187 that granted a Certificate of Appropriateness to replace the awning and install signage at 553 Main Street.

V. Certificate of Appropriateness – 36 East Wall Street

Ms. Dolan and Mrs. Belinski sponsored Resolution 15,188 that granted a Certificate of Appropriateness to replace the existing garage doors at 36 East Wall Street.

Voting AYE on Resolutions 11 O through 11 V: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolutions passed.

W. Transfer of Funds – Non-Utility Capital Budget – Route 412 Project

Mr. Donchez and Mr. Mowrer sponsored Resolution 15,189 that transferred $90,000 in the Non-Utility Capital Budget from the Police CAD/RMS Account to new Route 412 Capacity Improvement Project Account to pay for the City's contribution for the upgrade of traffic signals.

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

12. NEW BUSINESS

A. Rescheduling First Meeting in November – Wednesday, November 7, 2007

Ms. Szabo and Mrs. Belinski moved to reschedule City Council’s first Meeting in November from Tuesday, November 6 which is Election Day to Wednesday, November 7, 2007 at 7:30 PM in Town Hall. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

Committee Announcements

Chairman Leeson announced a Finance Committee meeting on November 1 at 4:30 PM on various budgetary transfers and amendments.
Chairwoman Belinski announced a Parks and Public Property Committee meeting on November 7 at 6:30 PM on a request for lights at Northeast Little League.

Chairman Donchez announced a Public Safety Committee meeting on October 23 at 7:00 PM to receive updates from the Police, Fire, and EMS Departments.

13. COURTESY OF THE FLOOR

Five Points Area – One-Way Traffic

Edwin Rodriquez, 1845 Linden Street, asserted that the traffic plan for the Five Points area will be a terrible mistake, and the one way pattern is a wrong decision. Mr. Rodriquez recalled that, as he emphasized about three years ago, creating one way traffic in the vicinity of Wyandotte Street making it legal to go from Route 378 South to Broadway eastbound is ridiculous because it will create a bottleneck and congestion from the Hill to Hill Bridge to the area surrounding eastbound Broadway, Brodhead, and back onto the Hill to Hill Bridge northbound. Mr. Rodriquez, stating the plan is no different than the previous plan, remarked that all the information is not being received. Mr. Rodriquez, turning to beautifying the Five Points area as a justification, stressed there is not a certified tree forester for the City, there are damaged trees throughout the City, and there are vacant City lots that are not cared for. Mr. Rodriquez said he wants to see a map in the newspaper of the intentions for changing the traffic patterns in the Five Points area so the public has a chance to see what is really going on. Mr. Rodriquez referred to his past suggestion about rerouting traffic on East Third Street leading to the West Third Street area by making a right on Polk Street and eventually traveling onto the proposed new ramp. Mr. Rodriquez advised that someone is stealing meters in the 400 block of East Fourth Street.

President Schweder asked the source of the funding for the City’s portion of the proposed the traffic plan for the Five Points area.

Mayor Callahan, advising the project is estimated at $2 million, replied the City’s portion is about 25%. Mayor Callahan continued on to advise that St. Luke’s Hospital, Sands BethWorks and PennDot would each contribute $500,000. Noting there are a number of potential sources for the City’s $500,000 portion and none has yet been identified definitively, Mayor Callahan stated when a determination is made, the Administration will present the source to Council.

President Schweder, recalling a presentation on the Five Points traffic study was made to Council about three years ago, communicated there was a lack of support for the proposal.

Sewer Impact Fees; Gambling Impact Study Committee; South Side Greenway

Robert Pfenning, 2830 Linden Street, referring to his comments at the last Meeting regarding the $1.7 million in sewer impact fees received by the City from the casino project and the relevancy of the plans before the Planning Commission, Mr. Pfenning advised that Joseph Kelly, Assistant City Solicitor, corrected him and confirmed that is a function of the DEP report and not land development and the Planning Commission has no jurisdiction. Informing the assembly that a representative from Bucks County addressed the Northampton County gambling impact study committee on October 8 about the impact of Philadelphia Park, Mr. Pfenning added that the presentation did not raise concerns in his mind. Mr. Pfenning stated that an invitation to the gambling impact study committee’s November 5 meeting is being sent to City officials, in addition to the five contiguous municipalities, to discuss concerns and the impact of the casino project. Mr. Pfenning, referring to the purchase price of $2.3 million for the South Side Greenway, or in excess of $82,000 per acre, pointed out that the appraised value is only $50,000 per acre. Mr. Pfenning further noted that in October 2003 a subsidiary of Norfolk Southern bought a number of parcels in the Greenway area at a total purchase price of $509,740, the properties for the Greenway are about 50% of that, and the purchase price of $2.3 million is about ten times the cost Norfolk Southern paid. Mr. Pfenning noted that land will be taken off the tax roles for the Greenway so some General Fund revenue will be lost, and there will be maintenance and public safety expenses.

2006 Audit

Dana Grubb, 2420 Henderson Place, said he, as well as the former grants coordinator, was appalled at the number of findings contained in the draft 2006 Audit reviewed at the October 4, 2007 Finance Committee meeting. Mr. Grubb enumerated causes for the findings including delays in hiring his replacement, replacing the City’s long-standing CDBG consultant, low amount of grants management experience of individual hired to replace him and former grants coordinator, little technical assistance training, decentralization of grant management in contradiction to past auditors recommendations, and flexible work schedules outside of normal business hours. Mr. Grubb thought that additional findings should have been issued by the Auditor, and questioned why people were told monies were borrowed from the Treasurer’s Escrow Account when a recent communication from the City’s CDBG consultant states otherwise. Mr. Grubb further questioned where was the CDBG program amount of $301,000 deposited, why was it withdrawn and paid back, where is the documentation for the reason it was withdrawn, why was program income commingled with non-CDBG funds, and why were regulatory requirements not met. He continued on to question why did the 2007 Action Plan not include a float-funded activity, why was it not amended to include it with Council’s approval, and why did it not generate required program income. Mr. Grubb asked why CDBG program income was co-mingled with General Funds, and why additional funds were drawn down under the City’s letter of credit when there was program income that is in violation of HUD regulations. Mr. Grubb questioned the justification for $720,000 in State funds borrowed from the Treasurer’s Escrow Account revolving loan fund source that represented principal and interest repayments from the Bethlehem Technology Center loans. Mr. Grubb stated he was informed that EDA monies were not returned to City accounts. Mr. Grubb asked where is the written approval from the State and Federal governments to use these monies to cover the City’s short term cash needs. He stressed there should be written confirmation from HUD rather than a conversation between the City’s grants coordinator and a HUD employee. Mr. Grubb highlighted the fact that he never saw a contract that provided for grant proceeds to be used for anything other than approved budget expenditures. Mr. Grubb stressed that using grant proceeds for other City expenses is non-compliance, and jeopardizes the City’s standing and chances of obtaining future funding.

Webster Street - Break-ins; Wyandotte Street - Traffic

Stephen Antalics, 737 Ridge Street, advising there were break-ins on Webster Street, explained the attitude of some City and Lehigh University authorities and the landlord was that nothing could be done. Mr. Antalics said he was then advised to check with the City’s Crime Prevention Officer who recommended that Mr. Antalics tell the property owner to arrange for a security inspection. Mr. Antalics was contacted a week later by the student where one of the break-ins occurred who was very happy that the door and lock were changed, and a security camera was installed. Mr. Antalics, stating he was impressed, asked if the Administration or Council can put a commendation in the file of Wade Haubert, the City’s Crime Prevention Officer.

Mayor Callahan suggested that, if Mr. Antalics could write a letter describing what he has related, then the commendation can be put on file.

Mr. Antalics said in 1956 the Clarke and Capuano report looked into taking traffic from Wyandotte Street, going across the top of the mountain and down Lynn Street into the South Side, to alleviate the traffic from Wyandotte Street. The matter was tabled due to other issues on the North Side. In 1976 there was South Side plan in which it was suggested to follow-up on the idea and make a greenway South Boulevard, but this plan did not go forward either. Mr. Antalics, remarking it is question of what is important to the North Side and to the South Side, pointed out everyone agreed it was a major issue and it has become worse. Mr. Antalics stressed the City had two opportunities to address the issue, but nothing ever came of it.

Operation Tomahawk; Police Department Grant

Carol Ann Krasley, Center Street, referring to the October 13 edition of the Express-Times, noted an individual sold crack to undercover Police Officers, and one of the locations was Center and East Goepp Streets. Recalling that at a past City Council Meeting she had asked about Operation Tomahawk, Mrs. Krasley said to date she does not have any information and wondered whether it could be forwarded to her. Referring to the incidents involving students in the Hillside Avenue vicinity at the beginning of Lehigh University’s fall semester, Mrs. Krasley wondered what was the reason for the denial of grant money to the City for the Police Department to handle such matters, and pointed out that Lehigh University received grant funding. Mrs. Krasley observed that perhaps the Chairman of the Public Safety Committee could assist in obtaining information.

Campaign Signs

William Scheirer, 1890 Eaton Avenue, informed the assembly that last night someone trespassed on his property and removed a sign supporting Dave Digiacinto for Controller, and the other campaign signs on his property were left there. Mr. Scheirer stressed that two Ordinances were violated, and there is lack of law enforcement for signs that are placed where they should not be on public property. He continued on to say that signs for the Republican candidate for Controller were put out in late September in violation of an Ordinance, and have remained there in violation of an Ordinance.

Fritz Drive and Pembroke Road Vicinity – Traffic Conditions and Other Concerns

Lisa Rivera, 1113 Fritz Drive, expressed her concern about Pembroke Road and the ability of pedestrians to cross it. She noted there are no lights, a woman was killed last year, there is a day care center across the street, there are housing developments in the area, and pedestrians literally have to run for their lives to cross the roadway. Ms. Rivera further notified City officials that Fritz Drive is like a speedway, children were hit, substations are contacted but nothing is done. Ms. Rivera stressed there is a lot of drug selling in the area, violence, and the situation is getting worse. Ms. Rivera wondered whether the lower standard of housing there is the reason why the community does not want to help. Ms. Rivera questioned how parents are supposed to raise their children in such an environment when it is not safe for them to play outside.

Traffic and Related Issues

Dean Bruch, 555 Spring Street, recalled a circle and ramp at Second Avenue and Spring Street, and discussions years ago about a bridge at Eighth Avenue. Mr. Bruch remarked that Bethlehem never got another exit for Route 78 that could have corrected traffic problems, but there is one in Hellertown. Mr. Bruch recalled his past remarks about creating a ride at the Greenway to bring people into the City and to help alleviate parking and traffic problems. Mr. Bruch thought that one-way traffic patterns in the vicinity of Wyandotte Street is off-base and it will cause more problems. Mr. Bruch further suggested that, in view of the pillars, the condition of the Hill to Hill Bridge should be investigated for the future.

Noise – Starters Restaurant

Ana Urrutia, 11 West Second Street, Unit 202, Riverport Condominiums, affirmed she has been living there 16 months and has been putting up with the noise from Starters Restaurant in the courtyard. Ms. Urrutia said Mr. Rank, the owner, still has not done anything. Ms. Urrutia informed the assembly that a nurse who lived above the Starters Restaurant was given keys for a separate condo in which to sleep because of the noise, and she has been moved from a condo she was renting because of the noise to a condo farther away from the courtyard. Ms. Urrutia advised that she and her husband own their condominium so they cannot be moved to another one. Ms. Urrutia explained that the tape recording of the noise in the courtyard from Starters Restaurant that she played at a past City Council Meeting was played for Ashley Development when they were having a party in the courtyard, and the Police were called. The Police notified Ms. Urrutia that she was going to be cited if she did not turn down the noise, and she told the Police to cite her because she thought they could not enforce the noise ordinance there since it was private property, but they said they could. Ms. Urrutia said she wanted to let City Council know that the noise ordinance is being enforced when she makes noise that is their noise, but not when Starters makes the noise not allowing her and her husband to sleep. Stating they now have a baby, Ms. Urrutia advised since the music was moved to the other side of Starters the baby’s room has pounding music at night, while they still hear the loud noise in the courtyard from the patrons of Starters.

President Schweder informed Ms. Urrutia he has copies of correspondence from City Solicitor John F. Spirk, Jr., Esq. sent to Councilwoman Dolan that under point 3 states it is Solicitor Spirk’s opinion that the City Police absolutely may enforce City noise ordinances inside the boundaries of a condominium. Solicitor Spirk goes on to state there are some issues regarding distances and decisions of the Court of Common Pleas. President Schweder further advised he asked Christopher Spadoni, City Council Solicitor, to research the matter, and Council Solicitor Spadoni concludes that the City’s noise ordinance can and should be enforced by the Police Department within the building in which the Urrutia’s reside. President Schweder stated he will share the correspondence with the Police Commissioner, and he hopes that the referenced enforcement will be the case. President Schweder noted in researching when the facility opened, it was stated when the people are outside it is still part of their property and that is why they are entitled to do all those things. Referring to the announcement made that Starters was going to be the first completely smoke-free restaurant in the Lehigh Valley, President Schweder observed the people who are causing the problems for Ms. Urrutia and her family are those who are standing outside the restaurant in the courtyard and smoking. President Schweder said he would suggest to the Police Commissioner that even though he had ruled that could not be enforced that both Solicitors clearly state that the laws can be enforced.

Ms. Urrutia, affirming the restaurant is smoke-free indoors but in the courtyard it is not, said the only ventilation her condominium gets is from the smoking section that is in the courtyard so there is smoke at night.

Stefko Boulevard Corridor Study

Ms. Szabo, focusing on the concerns expressed earlier about Fritz Drive and Pembroke Road, recalled she brought up the subject several months ago, and acknowledged a lot of time and money was spent on the Stefko Boulevard and Pembroke Road study that resulted in a very workable plan. Stressing there is a need for safety in that area, Ms. Szabo highlighted the fact that a pedestrian was killed in the vicinity. Ms. Szabo questioned the status of the plan, and asserted the area should have priority in view of the necessity of the project proven by the residents and businesses in the area.

Cell Phones

Mr. Mowrer suggested it be listed on the Agenda that cell phones should be put on vibration or turned off during City Council Meetings since they are disruptive. President Schweder, agreeing it is a disservice to attendees, noted it could be stated at the beginning of the Meetings.

14. ADJOURNMENT

The meeting was adjourned at 9:20 p.m.