Council Minutes

November 7, 2007 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Wednesday, November 7, 2007 – 7:30 PM

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

President Schweder called the meeting to order. Pastor Larry Burd of Calvary Baptist Church offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Karen Dolan, Joseph F. Leeson, Jr., Gordon B. Mowrer, and J. Michael Schweder 5. Robert J. Donchez and Magdalena F. Szabo were absent, 2.

4. APPROVAL OF MINUTES

The Minutes of October 16, 2007 were approved.

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

Certificate of Appropriateness – Streetscape Master Plan

Charles Lyman, 444 North New Street, founder and president of the Bethlehem Historic District Association, informed the Members that the City has been a partner in the Streetscape Master Plan for the Historic District from the beginning. Darlene Heller, Director of Planning and Zoning, has assisted the group over the past two years. Emphasizing that the Streetscape Master Plan is a planning document with no cost to the City for implementation, Mr. Lyman explained that implementation costs will be funded largely through outside grants to the City. Mr. Lyman notified the Members that the plan contains detailed designs and suggestions for improving the streetscape on the block bounded by Heckewelder Place, Market Street, New Street, and Church Street. Included are designs for sidewalks, trees, street lamps, and suggestions for removing overhead wires most of which are for cable television. The utilities involved have agreed to work with the City to put the wires in underground trenches. The plan was produced by Derck and Edson Associates of Lititz, Pennsylvania at a cost of $36,000 of which $6,000 came from Moravian Museum, Moravian Academy, and the Bethlehem Area Moravians which entities are concerned with Heckewelder Place. The balance of $30,000 came from fundraising by the Bethlehem Historic District Association, and the plan will be donated to the City of Bethlehem. Pointing out the question that has been raised is why the plan does not cover the entire Historic District rather than one block, Mr. Lyman advised this key block, as titled in the City’s 1976 Main Street Plan, is more likely to obtain grants because of the importance of the buildings located there including Central Moravian Church, Moravian Academy, Moravian Museum, and Kemmerer Museum. Noting the plan will become a blueprint for sidewalk improvements throughout the rest of the Historic District, Mr. Lyman confirmed that was acknowledged when the Historic and Architectural Review Board recommended the plan for a Certificate of Appropriateness. Mr. Lyman asked City Council to please approve the Certificate of Appropriateness for the Streetscape Master Plan.

6. OLD BUSINESS

None.

7. COMMUNICATIONS

A. Director of Parks and Public Property – Tower Lease Agreement – Clearview Park

The Clerk read a memorandum dated October 17, 2007 from Ralph E. Carp, Director of Parks and Public Property, to which was attached a letter of request, proposed agreement and site map from T-Mobile seeking approval to construct a flagpole-type antenna at Clearview Park. This would be the same type as was previously approved for Monocacy Park.

President Schweder referred the matter to the Parks and Public Property Committee.

B. LVIP – Rezoning Request – Lehigh Heavy Forge and Saucon Tracts – HI to IR

The Clerk read a letter dated October 29, 2007 from Lehigh Valley Industrial Park, Inc. (LVIP) requesting a Zoning Map Amendment to rezone two tracts of land owned by LVIP in the vicinity of the Lehigh Heavy Forge and Saucon Tracts from HI – Heavy Industrial District to IR – Industrial Redevelopment District.

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

Ms. Dolan and Mrs. Belinski moved to schedule a Public Hearing on Tuesday, December 18 at 7:30 PM in Town Hall.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. The motion passed.

C. Tax Administrator – Amending Article 339 – Local Services Tax

The Clerk read a memorandum dated November 1, 2007 from W. Alexander Karras, Tax Administrator, to which was attached amended Article 339 – Local Services Tax to change the name from Emergency and Municipal Services Tax, and re-enact the ordinance setting forth the text of the entire ordinance updated to include new local services tax provisions.

President Schweder stated that the Ordinance can be placed on the November 20 Agenda for First Reading, unless the Finance Committee wishes to review this matter.

D. City Solicitor – Amendment to Use Permit Agreement - Christkindlmarkt

The Clerk read additional Communication 7 D into the record from John F. Spirk, Jr., Esq., City Solicitor, dated November 5, 2007 attached to which was a proposed Amendment No. 1 to the Use Permit Agreement for Christkindlmarkt 2007 to extend the dates of the event and to add a paragraph pertaining to fire inspection.

President Schweder stated that the authorizing Resolution will be added to the Agenda.

8 . REPORTS

A. President of Council

President Schweder announced that City Council will conduct Budget Hearings on the Proposed 2008 Budget in Town Hall on the following dates: Wednesday, November 14 at 7:00 PM; Tuesday, November 27 at 7:00 PM; Tuesday, December 11 at 7:30 PM; and, Wednesday, December 12, 2007 at 7:00 PM.

President Schweder further announced that City Council will meet as a Committee of the Whole on Tuesday, November 27 at 6:00 PM in Town Hall to conduct the Five Year Capital Plan Review.

B. Mayor

None.

C. Public Safety Committee

Mr. Donchez, Chairman of the Public Safety Committee, presented an oral report of the Committee's meeting held on October 23, 2007 on the following subjects: EMS Bureau - Staffing levels/vacancies, Calls - Bethlehem EMS (numbers comparing last three years), Calls - Outside EMS agencies, Building plans/renovations, Staffing projections - 2010, New programs/initiatives that will be implemented; Fire Department - Staffing levels/vacancies, Inspections (backlog status), Relationship with EMS Bureau, Staffing projections – 2010, New programs/initiatives that will be implemented; Police Department - Staffing levels/vacancies, CODY- highlights/overview of program and benefits, Upgrade of public safety radio system (bond)/Nextel radios, Staffing projections – 2010, Crime statistics comparing 2005/2006/2007 (with chart), Gang activities, BASD/ Rosemont School, New programs/initiatives that will be implemented, Policy for Aggressive Driving Checks, and Overview of the new Community Policing concept.

D. Finance Committee

Mr. Leeson, Chairman of the Finance Committee, presented an oral report of the Committee's meeting held November 1, 2007 on the following subjects: Transfer of Funds – Parks Maintenance Bureau – Overtime; Rate Increase – Bethlehem Golf Club; Recycling Fee Increase – Residential; Water Treatment Plant – Filter Replacement Project; Transfer of Funds – Information Services Bureau – Temporary Help; Transfer of Funds – Fire Department - Temporary Help and Overtime; Transfer of Funds – EMS Bureau –Temporary Help and Overtime; Transfer of Funds – Streets Bureau – Overtime; Transfer of Funds – Police Department – Overtime; Transfer of Funds – Police Records Bureau – Temporary Help; Amending General Fund Budget – Police Roster Duty; Amending Non-Utility Capital Budget – OEA Grant; and Transfer of Funds – Economic Development – Temporary Help.

E. Parks and Public Property Committee

Mrs. Belinski, Chairwoman of the Parks and Public Property Committee, presented an oral report of the Committee's meeting held this evening, November 7, 2007, on the following subject: Northeast Little League – Request for Field Lights.

9. ORDINANCES FOR FINAL PASSAGE

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

The Clerk read Bill No. 28 – 2007 – Amending Article 531 – Parking Generally, on Final Reading.

Amendment to Bill 28

Mrs. Belinski and Ms. Dolan sponsored the following the Amendment:

That SECTION 3. which reads as follows:

SECTION 3. All Ordinances and parts of Ordinances inconsistent herewith be, and the same are hereby repealed.

be amended to read:

SECTION 3. This Ordinance shall take effect January 1, 2008.

and, that the repealer SECTION be renumbered accordingly.

Voting AYE on the Amendment: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. The Amendment passed.

Voting AYE on Bill No. 28, as Amended: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. Bill No. 28 – 2007, hereafter to be known as Ordinance 4447, was declared adopted.

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

The Clerk read Bill No. 29 – 2007 – Amending Article 533 – Parking Meters - Fees, on Final Reading.

Amendment to Bill 29

Mrs. Belinski and Ms. Dolan sponsored the following the Amendment:

That SECTION 3. which reads as follows:

SECTION 3. All Ordinances and parts of Ordinances inconsistent herewith be, and the same are hereby repealed.

be amended to read:

SECTION 3. This Ordinance shall take effect January 1, 2008.

and, that the repealer SECTION be renumbered accordingly.

Voting AYE on the Amendment: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. The Amendment passed.

Voting AYE on Bill No. 29, as Amended: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. Bill No. 29 – 2007, hereafter to be known as Ordinance 4448, was declared adopted.

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

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

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. Bill No. 30 – 2007, hereafter to be known as Ordinance 4449, was declared adopted.

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

The Clerk read Bill No. 31 – 2007 – Amending 911 Fund Budget – Various Adjustments, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. Bill No. 31 – 2007, hereafter to be known as Ordinance 4450, was declared adopted.

E. Bill No. 32 – 2007 – Amending Non-Utility Capital Budget – Urban Forest and Elm Street Projects

The Clerk read Bill No. 32 – 2007 – Amending Non-Utility Capital Budget – Urban Forest and Elm Street, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. Bill No. 32 – 2007, hereafter to be known as Ordinance 4451, was declared adopted.

10. NEW ORDINANCES

A. Bill No. 33 – 2007 – Amending General Fund Budget – Police Department – Roster Duty

The Clerk read Bill No. 33 – 2007 – Amending General Fund Budget – Police Department – Roster Duty, sponsored by Mrs. Belinski and Ms. Dolan and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2007.

Ms. Dolan asked the difference between Police Department Roster Duty and Roster Duty Charges, and does this occur when off-duty Police Officers are hired for which the City is reimbursed.

Randall Miller, Police Commissioner, affirming it is reimbursable, exemplified it occurs when someone hires a Police Officer to work at a bank, Lehigh University, and so on.

Dennis Reichard, Business Administrator, advised the revenue derived is an additional 28 cents on every dollar.

Ms. Dolan asked whether the City receives reimbursement in a timely fashion.

Police Commissioner Miller, noting the FOP is in charge of the roster duty, confirmed if payment is not made then upon consultation certain jobs may not be worked until bills are paid.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. Bill No. 33 – 2007 was declared passed on First Reading.

B. Bill No. 34 – 2007 – Amending Non-Utility Capital Budget – CED – OEA Grant

The Clerk read Bill No. 34 – 2007 – Amending Non-Utility Capital Budget – CED – OEA Grant, sponsored by Mrs. Belinski and Ms. Dolan 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. Leeson, Mr. Mowrer, and Mr. Schweder, 5. Bill No. 34 – 2007 was declared passed on First Reading.

11. RESOLUTIONS

A. Approving 2008 CDBG and HOME Programs

Mrs. Belinski and Ms. Dolan sponsored Resolution 15,190 (11 A) approving the Annual Action Plan for the Fiscal Year 2008 Community Development Block Grant (CDBG) and HOME Programs for submittal to the United States Department of Housing and Urban Development for approval.

Ms. Dolan, observing there seems to be a difference of opinion from the City Solicitor and City Council Solicitor, noted that Christopher Spadoni, City Council Solicitor, has advised that Resolution 12,545 passed in 1996 would preclude City Council from providing funding for operating and program costs for non-profit organizations. However, the memorandum dated November 7, 2007 from Joseph Kelly, Assistant City Solicitor, noted that the City has used CDBG funds to purchase services from non-profits in the past because they provide a service that the City does not provide, and it is within the boundaries of the law. While expressing that the proposed CDBG funding for programs provided by Embrace Your Dreams, ShareCare, and VIA are good programs and should receive CDBG funding, Ms. Dolan questioned whether doing so would be breaking the law in light of Resolution 12,545.

President Schweder, communicating his thought that it would be in opposition to the regulations of Resolution 12,545, explained that in view of discussions with the City Council Solicitor, if Council by separate action tonight would vote to overrule the Resolution then it would allow Council to proceed. President Schweder, in further response to Ms. Dolan, stated it would pertain only to this issue.

Overruling Resolution 12,545

Ms. Dolan moved to overrule the provisions of Resolution 12,545. Mr. Mowrer seconded the motion.

Ms. Dolan, observing that in the past it was felt there was a need in the community being met by certain non-profits, pointed out the City often saves money when it allows the private sector to take on jobs and tasks that would be difficult for the City to take on in light of the staffing levels and number of projects that must be done. Ms. Dolan continued on to point out there are volunteer and non-profit organizations that are willing to provide services for various segments of the community such as children, the handicapped, or small businesses. Ms. Dolan, noting although the Resolution was necessary at the time, did not think it was wise or necessary to follow the Resolution now. Rather, Ms. Dolan thought it would be wiser to allow the non-profit sector to assist the City in solving problems. She added that using CDBG funds versus direct taxpayer dollars is an even wiser decision. Ms. Dolan stated it would not set a precedent in that it would be applicable to tonight’s action only. Ms. Dolan, stressing the proposed programs to be provided by Embrace Your Dreams, ShareCare, and VIA are things she wants to see done in the City, said the City should let the non-profits do what they do best.

Voting AYE on the motion to overrule Resolution 12,545: Mrs. Belinski, Ms. Dolan, and Mr. Mowrer, 3. Voting NAY: Mr. Leeson, and Mr. Schweder, 2. The motion passed.

Approving 2008 CDBG and HOME Programs

Voting AYE on Resolution 11 A to approve the 2008 CDBG and HOME Programs: Mrs. Belinski, Ms. Dolan, and Mr. Mowrer, 3. Voting NAY: Mr. Leeson, and Mr. Schweder, 2. Resolution 15,190 (11 A) passed.

B. Authorizing Records Destruction – Human Resources Bureau

Mrs. Belinski and Ms. Dolan sponsored Resolution 15,191 that authorized the disposition of the public records of the Human Resources Bureau, as listed in Exhibit A, according to schedules and procedures for the disposition of records as set forth in the Municipal Records Manual approved on July 16, 1993 and Resolution 13,076.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. The Resolution passed.

C. Transfer of Funds – Parks Maintenance Bureau – Overtime

Mrs. Belinski and Ms. Dolan sponsored Resolution 15,192 that transferred $4,000 in the General Fund Budget from the Parks Equipment Account to the Parks Maintenance Bureau – Overtime Account, to provide additional funding needed for overtime.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. The Resolution passed.

D. Rate Increase – Bethlehem Golf Club

Mrs. Belinski and Ms. Dolan sponsored Resolution 15,193 that established the increased Golf Fees listed on Exhibit A, and that the rates shall be effective January 1, 2008.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. The Resolution passed.

Considering Resolutions as a Group

Mrs. Belinski and Ms. Dolan moved that Resolutions 11 E through 11 K be considered as a group. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. The motion passed.

E. Transfer of Funds - Information Services Bureau - Temporary Help

Mrs. Belinski and Mr. Leeson sponsored Resolution 15,194 that transferred $2,000 in the General Fund Budget from the Information Services – Professional Services Account to the Information Services – Temporary Help Account to pay for extra hours needed to assist the programming staff.

F. Transfer of Funds - Fire Department - Temporary Help and Overtime

Mrs. Belinski and Mr. Leeson sponsored Resolution 15,195 that transferred $2,500 in the General Fund Budget from the Fire Special Team Drills Overtime Account to the Temporary Help Account and $33,700 from the following accounts: $4,000 - Fire Training, $3,000 - Fire Equipment, and $26,700 - Unforeseen Contingency to the Fire Overtime Account to provide additional funding needed in the accounts.

G. Transfer of Funds - EMS Bureau -Temporary Help and Overtime

Mrs. Belinski and Mr. Leeson sponsored Resolution 15,196 that transferred $32,959 in the General Fund Budget from the following accounts: $8,327 - Unforeseen Contingency to the EMS Overtime Account and $5,943 - Unforeseen Contingency, $7,024 - EMS Musikfest Overtime, $4,000 - EMS Training/Continuing Ed, $3,778 - EMS Uniforms/Safety Shoes, and $3,887 - EMS Equip. Reprs. Ambulance Accounts to the EMS Temporary Help Account to provide additional funding needed in the accounts.

H. Transfer of Funds - Streets Bureau – Overtime

Mrs. Belinski and Mr. Leeson sponsored Resolution 15,197 that transferred $7,600 in the General Fund from the Unforeseen Contingency Account to the Streets Overtime Account to provide additional funding needed for overtime.

I. Transfer of Funds - Police Department – Overtime

Mrs. Belinski and Mr. Leeson sponsored Resolution 15,198 that transferred $30,000 in the General Fund Budget from the Police Education Incentive Account to the Police Overtime Account to provide additional funding needed for overtime.

J. Transfer of Funds - Police Records Bureau - Temporary Help

Mrs. Belinski and Mr. Leeson sponsored Resolution 15,199 that transferred $7,000 in the General Fund Budget from the Police Gasoline Account to the Police Records Temporary Help Account to provide additional funding needed for temporary help.

K. Transfer of Funds – Economic Development – Temporary Help

Mrs. Belinski and Mr. Leeson sponsored Resolution 15,200 that transferred $2,700 in the General Fund Budget from the Economic Development – Other Expenses Account to the Economic Development –Temporary Help Account to cover the cost of the position through the end of the year.

Voting AYE on Resolutions 11 E through 11 K: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. The Resolutions passed.

Considering Resolutions As A Group

Mrs. Belinski and Ms. Dolan moved that Resolutions 11 L through 11 N be considered as a group. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. The motion passed.

L. Certificate of Appropriateness – 425 Wyandotte Street

Mrs. Belinski and Ms. Dolan sponsored Resolution 15,201 that granted a Certificate of Appropriateness to replace original windows with new aluminum clad wood windows at 425 Wyandotte Street.

M. Certificate of Appropriateness – 11 East Fourth Street

Mrs. Belinski and Ms. Dolan sponsored Resolution 15,202 that granted a Certificate of Appropriateness to renovate the storefront, construct a ramp, and install a wall sign with gooseneck lighting at 11 East Fourth Street.

N. Certificate of Appropriateness – 409 Wyandotte Street

Mrs. Belinski and Ms. Dolan sponsored Resolution 15,203 that granted a Certificate of Appropriateness to alter the previously approved façade renovations at 409 Wyandotte Street.

Voting AYE on Resolutions 11 L through 11 N: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. The Resolutions passed.

Removing Resolution 11 O from the Table - Tabled at September 18, 2007 City Council Meeting - Certificate of Appropriateness – Streetscape Master Plan

Mr. Leeson and Mr. Mowrer moved to take Resolution 11 O from the Table.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. The motion passed.

O. Certificate of Appropriateness – Streetscape Master Plan

Ms. Dolan and Mrs. Belinski sponsored Resolution 11 O to secure a Certificate of Appropriateness for the Streetscape Master Plan for the block in the Historic District that includes West Market Street, North New Street, West Church Street, and Heckewelder Place, but is intended to be the model for the entire Historic District.

Ms. Dolan, recalling that President Schweder had significant concerns about the Plan and intended to obtain further information about the matter, questioned whether Council should move forward to act on the Resolution.

President Schweder explained that he must recuse himself from taking part in the discussion and voting on the matter because he lives in the Historic District. President Schweder advised he did have the appropriate meetings.

Ms. Dolan, advising that she read the Plan, noted she found it inspirational in that the Plan is visionary, and a lot of time, effort, and funds were spent in its preparation by many citizens. Ms. Dolan expressed that she hopes the Certificate of Appropriateness for the Plan is approved.

Mr. Leeson, while communicating he also thinks it is a beautiful Plan, stated he has reservations about the City endorsing the Plan. Mr. Leeson explained he sees it as trying to solve a problem that does not exist and endorsing something that potentially could pose very significant expense on private property owners. Mr. Leeson questioned whether citizens realize the potential financial exposure this may entail. Mr. Leeson observed that when plans come with the endorsement of a government agency there is always an implication that, if all else fails and private funding does not come through, since the City supports it then the City may have to pay for some part of it. Mr. Leeson, stating that is not a premise he accepts, pointed out with all these plans it comes down to City funding. Emphasizing that the City is in a deficit situation from last year and this year, Mr. Leeson remarked next year does not look very promising. Mr. Leeson stressed it is not the right time to be making policy statements concerning such things because of the potential for the City to be involved in some of the funding. Mr. Leeson stated if the property owners want to obtain all the funding from private sources, and they have signed petitions affirming they are in favor of the plan despite the potential significant financial expense they might have as individual property owners to comply with the plan then he might be more inclined to support it. Restating he has a lot of reservations about the Plan, Mr. Leeson noted he will be voting no.

Ms. Dolan, noting she thinks there is a problem in the key block and in the streetscape of the downtown, said there is a lot of clutter, a mismatch of styles and unmatched lighting. In creating the environment envisioned in the Plan, Ms. Dolan stated that also created will be a neighborhood that is safe for pedestrians and motorists. Ms. Dolan stressed that Heckewelder Place is potentially one of the beautiful spots in the City but the street itself looks terrible and is dangerous for pedestrians. Ms. Dolan highlighted the fact that in applying for grants it is key to prove that the municipality is behind the project and has approved the Certificate of Appropriateness. Ms. Dolan pointed out that City funding is not mentioned in the Plan, but instead private foundations, and interaction with state and federal governments is mentioned. Ms. Dolan emphasized that the Historic Bethlehem Partnership has done a terrific job of raising money to rescue this section of the City. Ms. Dolan commented that citizens will have to go before the Historic and Architectural Review Board just as they do now, but said she did not read about an outright expense to citizens in the Plan. Instead, Ms. Dolan observed it was a vision for the Center City and should be endorsed.

Mrs. Belinski commented that after listening to Mr. Leeson she is inclined to agree with him. Mrs. Belinski stated this is not the time to possibly encumber the City for the money needed to transform the area. Mrs. Belinski said she loves Historic Bethlehem but she does not think it should be done at this time.

Mr. Mowrer said he will vote for the Plan because he thinks it is positive for the community, and he thinks the City has to continue to move forward.

Voting AYE: Ms. Dolan and Mr. Mowrer, 2. Voting NAY: Mrs. Belinski and Mr. Leeson, 2. Not Voting: Mr. Schweder, 1. The Resolution failed by a tie vote.

P. Use Permit Agreement – Amendment No. 1 - Christkindlmarkt 2007

Mrs. Belinski and Ms. Dolan moved to add Resolution 11 P to the Agenda.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. The motion passed.

Mrs. Belinski and Ms. Dolan sponsored Resolution 15,204 that authorized the execution of Amendment No. 1 to Use Permit Agreement between ArtsQuest and the City for Christkindlmarkt 2007, according to the terms of the agreement.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. The Resolution passed.

12. NEW BUSINESS

Committee Announcement

Mr. Leeson announced a Finance Committee meeting on Tuesday, November 20 at 6:00 PM in the Mayor’s Conference Room to receive an update on deficits, recycling fee increase, and various transfers of funds.

13. COURTESY OF THE FLOOR

Gambling Impact Study Committee; Sewer Impact Fees

Robert Pfenning, 2830 Linden Street, stated that the Northampton County gambling impact study committee meeting originally scheduled on November 5 has been rescheduled to December 10 at 6:30 p.m. in Northampton County Courthouse. Mr. Pfenning stated that the public hearing and vote on the LERTA Ordinance has been scheduled for the Northampton County Council meeting on November 15. Referring to an Express-Times article regarding how the $1.7 million in sewer tapping fees received by the City from the casino project were going to be utilized, Mr. Pfenning remarked he did not realize the City can spend sewer funds on anything it wishes. Mr. Pfenning commented that approximately $900,000 from the Butz building matter will be applied to grant administrator salaries, and observed it will be on top of money that has already been paid out of grant funds. Mr. Pfenning added that budget costs are being pushed to some future time. Mr. Pfenning noted the opening of the casino is now scheduled for the second quarter of 2009, and the casino host fee would be down to about $4 million. He thought that in the future the casino host fee will be revisited, and the counties may ask for more money.

President Schweder asked for an explanation of the formula for the amount the City charged the casino developers for the sewer tapping fee.

David Brong, Director of Water and Sewer Resources, responded the volume of flow is taken and a dollar amount is applied for an EDU that is 225 gallons a day and multiplied by a little over $2,500 that is arrived at via a treatment and collection expense, and a tapping fee is calculated.

President Schweder questioned what cost the City incurs to do this for a property owner,

Mr. Brong replied to a certain extent it is a capital recovery mechanism for capacity that already exists. For new usages that are going to take advantage of that capacity it is intended to be a buy-in for that capacity.

President Schweder asked if the sewer tapping fee money is gone then where does the replacement money come from.

Mr. Brong, restating the question as how the City will fund its ongoing sewer capital needs, responded there are other new developments that will be paying tapping fees.

President Schweder advised his question is where is the money going to come from to replace the almost $2 million that no longer exists in the fund.

Mr. Brong replied new tapping fees and self-funding through revenues that are contributed back into the capital program.

Mr. Schweder questioned whether the new revenue sources have already been identified.

Mr. Brong responded yes for the 2008 Budget.

Various Issues

Edwin Rodriquez, 1845 Linden Street, stated that the conduct of Police Officers should be having control rather than exhibiting anger that he encountered on October 22, 2007, and loss of respect towards him. Mr. Rodriquez said such conduct should not be tolerated, and he forwarded copies of the incident to City officials. Mr. Rodriquez stressed that heavy equipment is being stored on private property on Evans Street and is rotting. Mr. Rodriquez continued on to say that established Ordinances should be acted upon so that dumping and accumulation of materials does not occur and become an everyday habit. Mr. Rodriquez communicated that residents on Amplex, Railroad, and Jones Streets should be given 30 day notice to clean up their properties. Mr. Rodriquez stressed that dumping on Daly Avenue and East Third Street must end, and fines increased to $1,000. He thought that code enforcement officers should be given more power to enter private properties. Mr. Rodriquez asserted there should be continual enforcement of parking violations. Mr. Rodriquez asked that a curfew ordinance be enacted to address areas such as Itaska, Ontario and Jischke Streets, Pembroke Road, and the Five Points in view of crimes, gang, and drug activities.

Streetscape Plan

Dana Grubb, 2420 Henderson Place, referring to the Streetscape Plan, said in many cases the City is asked to pursue grant funding and there are matching requirements so there is the potential that the City will have to come up with the money. Mr. Grubb advised that on April 30 he paid the EMST of $52, then a part-time employer deducted it a second time on August 9 so he filed a claim on August 13 for a refund, and he has still not received a check. Mr. Grubb asserted that something is wrong when the City takes sewer tapping fees for the General Fund and UDAG money, and uses Treasurer’s Escrow funds. He stressed the City must get its financial house in order.

San Francisco City Hall

William Scheirer, 1890 Eaton Avenue, informed the assembly about the San Francisco City Hall built in 1915, its size, and that the dome is the fifth highest in the world. He highlighted the fact in the city council chambers he saw an agenda on which was written that the public will be allotted the same maximum number of minutes to speak as set by the chair at the beginning of each item.

South Side Historic District

Percy Lee, owner of the Innovation Emporium at 11 East 4th Street, explained he did not think the requirement to install a 3 ft. by 6 ft. ramp in the front of his building was appropriate. He affirmed to President Schweder that the request was from the South Bethlehem Historic District Conservation Commission, and it would make the South Side not look historic, and would make the area congested. Mr. Lee also asked why the City does not have grant money for minority businesses.

Mary Pongracz, 321 West Fourth Street, a member of the South Bethlehem Historic District Conservation Commission, in response to President Scheweder, explained Mr. Lee was at the last meeting of the Commission and the request is mandated by Federal law. Ms. Pongracz affirmed that the Commission cannot give exceptions to any project that is mandated by law. Ms. Pongracz informed the Members that Chris Ussler, Historic Officer, recommended that Mr. Lee apply for funding under the Façade Program, and added there is a procedure to be followed. In further response to President Scheweder, Ms. Pongracz advised that Mr. Lee will continue to meet with Ms. Ussler and will be probably be back before the Commission.

President Schweder asked Dennis Reichard, Business Administrator, to check with the Administration regarding Mr. Lee’s question about grant money for minority businesses.

Commending Members of Council

Ms. Pongracz applauded the members of the community who have chosen to run for City Council, and added it is a difficult and often unrewarding job. She observed it takes a certain type of person with dedication to the community to place themselves in a position where one can ever please everyone. Ms. Pongracz recognized Mr. Donchez and Mr. Mowrer who will be back on Council, Mr. Reynolds who was newly elected, and she thanked Ms. Szabo for her many years of distinguished service. She remarked on the cordiality that is not common in most other types of situations. Ms. Pongracz commended President Schweder for being one of the best chairpersons.

South Side

Ms. Pongracz, stressing she is tired of South Bethlehem being singled out as the only place where crime occurs, highlighted the fact that crime has no address.

14. ADJOURNMENT

The meeting was adjourned at 8:35 p.m.