Council MInutes

January 7, 2008

BETHLEHEM CITY COUNCIL REORGANIZATIONAL MEETING
OLD COUNCIL
Monday, January 7, 2008 – 7:30 PM
10 East Church Street - Town Hall
Bethlehem, Pennsylvania

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

President Schweder called the meeting to order. Father Anthony Mongiello of St. Anne’s Church 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, and J. Michael Schweder, 6. (Magdalena F. Szabo passed away on December 13, 2007.)

CITATIONS

Citation - Honoring Magdalena F. Szabo - Member of Council

President Schweder presented a Citation in honor of Magdalena F. Szabo, Member of Council, who passed away on December 13, 2007, that read as follows:

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

Whereas, this individual, who served as a Member of Council of the City of Bethlehem from January 1998 to December 2007, served as Chairwoman of the Community Development Committee, as a member of the Human Resources and Environment and Public Works Committees, and on many other Council Committees, attended innumerable City Council, Committee, and Community Meetings, passed many pieces of legislation, and devoted her life to the City of Bethlehem and its citizens; and

Whereas, she served her City with integrity, honesty, and loyalty, helped so many individuals, organizations, groups, and the community-at-large, touched so many lives throughout the City and beyond, supported City Hall employees, was an especially strong supporter of the Police Department, and stood behind her personal beliefs and her belief in her City and its future.

Now, Therefore, Be It Resolved by the Council of the City of Bethlehem that Magdalena “Maggie” F. Szabo be honored for her many years of service to the City and its citizens; and, with Maggie’s passing, let it be known that her public service and presence in the City of Bethlehem will be sorely missed.

Louise Valeriano, sister of Councilwoman Szabo, accepted the Citation in her honor.

4. APPROVAL OF MINUTES

The Minutes of December 18, 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

None.

7. COMMUNICATIONS

A. Business Administrator – Early Police Hire

The Clerk read a memorandum dated December 19, 2007 from Dennis W. Reichard, Business Administrator, to which was attached a memorandum from Randall Miller, Police Commissioner, requesting an early hire before the start of the Police Academy in February and a retirement in February.

President Schweder stated that, if the Members of the Finance Committee are in agreement, and the Members of Council have no objection, a memorandum can be sent to the Administration advising Council’s approval.

B. Elm Street Manager – Resolution Accepting Residential Reinvestment Grant

The Clerk read a memorandum dated December 24, 2007 from A.G. Pitsilos, Elm Street Manager, to which was attached a proposed Resolution that would accept the receipt of the Residential Reinvestment Grant of $250,000 from the Pennsylvania Department of Community and Economic Development for the purpose of pursuing the Elm Street Plan.

President Schweder stated that, unless the Community Development Committee wishes to review this matter, the appropriate Resolution can be placed on the January 22, 2008 Agenda.

C. Parks and Public Property Director – New Festival Request – Habitat for Humanity

The Clerk read a memorandum dated December 21, 2007 from Ralph Carp, Director of Parks and Public Property, to which was attached a request from Habitat for Humanity of the Lehigh Valley to hold a new event on Sand Island West on June 7, 2008, and asking that the matter be reviewed by the Parks and Public Property Committee.

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

D. Economic Development Specialist – Enterprise Zone Application

The Clerk read a memorandum dated December 17, 2007 from Wayne Wastler, Economic Development Specialist, to which was attached a proposed Resolution to approve Enterprise Zone Reauthorization and filing a proposal for funding with the Pennsylvania (PA) Department of Community and Economic Development (DCED). The PADCED asked for additional information and minor changes in conjunction with City application filed in August 2007.

President Schweder stated that, unless the Community Development Committee wishes to review the matter, the appropriate Resolution can be placed on the January 22, 2008 Agenda.

E. Budget Analyst – 2008 Final Budget – Sewer Fund – Ordinance No. 4457

The Clerk read a memorandum dated January 4, 2008 from Mark W. Sivak, Budget Analyst, to which was attached a corrected copy of Ordinance No. 4457 that adopted the 2008 Sewer Fund Budget, advising that due to a formula error, the numbers were incorrect.

President Schweder stated that an Ordinance to readopt the 2008 Sewer Fund Budget can be placed on the January 22 Agenda on First Reading.

8 . REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – G. Frederick Bonsall – Board of Historical and Architectural Review

Mayor Callahan reappointed G. Frederick Bonsall to membership on the Board of Historical and Architectural Review effective until January 2013. Mr. Donchez and Mrs. Belinski sponsored Resolution 15,240 to confirm the appointment.

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

2. Administrative Order – Holly Sachdev - Board of Historical and Architectural Review

Mayor Callahan reappointed Holly Sachdev to membership on the Board of Historical and Architectural Review effective until January 2013. Mr. Donchez and Mrs. Belinski sponsored Resolution 15,241 to confirm the appointment.

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

3. Administrative Order – Constantine Loupos – Zoning Hearing Board

Mayor Callahan reappointed Constantine Loupos to membership on the Zoning Hearing Board effective until January 2011. Mr. Donchez and Mrs. Belinski sponsored Resolution 15,242 to confirm the appointment.

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

4. Administrative Order – Luis E. Campos – Parking Authority

Mayor Callahan reappointed Luis E. Campos to membership on the Parking Authority effective until January 2013. Mr. Donchez and Mrs. Belinski sponsored Resolution 15,243 to confirm the appointment.

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

5. Administrative Order – Richard L. Master – Bethlehem Authority

Mayor Callahan reappointed Richard L. Master to membership on the Bethlehem Authority effective until January 2013. Mr. Donchez and Mrs. Belinski sponsored Resolution 15,244 to confirm the appointment.

President Schweder advised he will be voting against the reappointment. Acknowledging that he does so not lightly, President Schweder stated he is well aware of the outstanding dedication that Mr. Master has provided to the Bethlehem Authority. However, President Schweder communicated he is firmly convinced that this Authority has lost its way. President Schweder continued on to say that, instead of being an independent voice, the Bethlehem Authority has come back to City Council with proposals that would have resulted in needless additional expenditures of bonds and other financial considerations that he thought were inappropriate. Recalling that the appointment of the last individual to the Bethlehem Authority was done with the understanding that he would bring a new perspective, President Schweder noted that in reading the minutes of the Bethlehem Authority meetings it does not appear that the individual has spoken up during the meetings. President Schweder thought that a message needs to be sent to the Bethlehem Authority that they have a fiduciary responsibility to represent the ratepayers first and other interests second.

Voting AYE: Ms. Dolan, Mr. Donchez, Mr. Leeson, and Mr. Mowrer, 4. Voting NAY: Mrs. Belinski and Mr. Schweder, 2. The Resolution passed.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

Motion – Considering Resolutions as a Group

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

A. Certificate of Appropriateness – 1-5 West Fourth Street

Mr. Donchez and Mrs. Belinski sponsored Resolution 15,245 that granted a Certificate of Appropriateness to install signage at 1-5 West Fourth Street.

B. Certificate of Appropriateness – 127 East Fourth Street

Mr. Donchez and Mrs. Belinski sponsored Resolution 15,246 that granted a Certificate of Appropriateness to replace doors at 127 East Fourth Street.

C. Certificate of Appropriateness – 813-815 East Fourth Street

Mr. Donchez and Mrs. Belinski sponsored Resolution 15,247 that granted a Certificate of Appropriateness to alter the façade at 813-815 East Fourth Street.

Voting AYE on Resolutions 11 A through 11 C: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 6. The Resolutions passed.

12. NEW BUSINESS

President Schweder presented the President of Council’s 2007 Annual Report, as follows:

During 2007, City Council adopted 51 Ordinances, passed 255 Resolutions, and the Members attended 31 Committee meetings in addition to the regular City Council Meetings.

A new historic area was added to the City in 2007 through adoption by City Council of an Ordinance to add the Mt. Airy neighborhood to the Historic Conservation District, where the grand residence of Eugene Grace, former CEO of Bethlehem Steel Corporation, as well as other Bethlehem Steel employees, once lived.

Council amended the Subdivision and Land Development Ordinance last year addressing provisions for recreation land and fees and to require developers to pay fees in lieu of designating land for recreation.

In 2007, City Council established an Environmental Advisory Council (EAC) composed of seven City residents appointed by City Council for three year terms to identify environmental problems, review matters pertaining to conservation of natural resources for the protection and improvement of the quality of the environment within the City of Bethlehem.

The City of Bethlehem joined the Lehigh County Congress of Governments (COG) in 2007 through adoption of a Resolution by City Council, and a Member of Council was appointed to serve on the COG.

To ensure that citizens are aware of studies, plans, and liquor license transfer requests, City Council adopted a Resolution to require written public notice.

The Members of Council passed a Resolution in May 2007 to rename the Ice House on behalf of Charles A. Brown, former Director of Parks and Public Property.

Council adopted a Resolution for the City to apply for a $3 million grant last year from the Commonwealth of Pennsylvania which will pass through the City to the Historic Bethlehem Partnership for the purpose of assisting the Historic Bethlehem Partnership in bricks and mortar building projects at various sites in the City of Bethlehem.

The Pennsylvania Uniform Construction Code, as amended, was adopted last year by Council along with the fees for enforcement.

Council also adopted an Ordinance to establish a new Codified Ordinance Article 313, Private Security Services, to require notification to the City when private security services are hired.

In the area of Parks and Public Property, City Council adopted an Ordinance to prohibit motorized vehicles on the various City recreation trails.

Additionally, a Resolution that adopted the Parks and Recreation Plan for 2007 and incorporated it into the Comprehensive Plan for the City of Bethlehem, known as the Bethlehem Vision Plan, was approved by Council.

In matters related to Public Works, and Water and Sewer Resources, Council adopted a Resolution for a Water Service Agreement between the City of Bethlehem and Utilities, Inc.-Westgate to allow the City to begin providing water in bulk for a fee to Westgate for all regular customer uses.

City Council approved a Resolution for an Intermunicipal Water Service Agreement between the City of Allentown and the City of Bethlehem for the purpose of obtaining a sufficient quantity of drinking water from the City of Allentown to be redistributed by the City of Bethlehem to serve and fill the needs of all of the residential customers to be connected to a water distribution system in the area defined as Central Park West in the City of Bethlehem.

In the area of Community and Economic Development, City Council adopted the Stefko Boulevard and Pembroke Road Corridor Study and Plan and incorporated it into the Comprehensive Plan for the City of Bethlehem, known as the Bethlehem Vision Plan.

Council adopted an Ordinance and a Resolution to redefine the deteriorated area to be covered under LERTA (Local Economic Revitalization Tax Assistance) to reflect a reduction in the previously approved deteriorated area, and to secure the support of the Saucon Valley School District, the Bethlehem Area School District and the County of Northampton.

In approving the 2008 Community Development Block Grant Program, City Council last year suspended the rules of Resolution 12,545 that precludes funding for operating and program costs for non-profit organizations in order to allow CDBG funding to be provided to three non-profit agencies for their programs.

City Council reviewed and took action on several financial matters during 2007 by approving the issuance of a General Obligation Note in the amount of $9,395,000 to finance Non-Utility Capital Projects and Equipment and included $819,700 in Water Capital Borrowing for water system improvements.

City Council initiated restrictions on fund transfers from the Treasurer’s Escrow Account to require prior Council approval for transfers from the Treasurer’s Escrow Account to the General Fund.

Council adopted an Ordinance to place restrictions on Municipal Bond Funds so that monies approved by City Council for borrowing and all monies received in connection with municipal bond issues or sale of municipal notes shall be expended only for projects for which the funds were borrowed pursuant to authorization and approval of City Council.

Among fee increases approved by Council in 2007 were the allowable Ambulance Fees for Emergency Medical Services. fees at the Municipal Golf Course, ticket fees for Meter Parking Violations and No Parking Signs, and institution of a new violation for Current Registration and Inspection, and an increase in the residential recycling fee from $30 to $40 annually.

City Council adopted an Ordinance that amended Codified Ordinance Article 339 that changed the name of the Emergency and Municipal Services Tax to Local Services Tax, re-enacted the Ordinance to include new local services tax provisions that included collection of the $52 Local Services Tax on a pro-rata basis determined by the number of payroll periods established by an employer for a calendar year, and an exemption for any individual who derives income of less than $12,000 per year.

At City Council’s final meeting on December 18, 2007 the Members of Council and the Public presented comments in memory of Councilwoman Magdalena F. Szabo who passed away on December 13, 2007.

President Schweder expressed his concern about the number of Ordinances and Resolutions that were passed by City Council in 2007. President Schweder explained that, in looking back at the records, 2007 was a year when government in Bethlehem significantly slowed down. President Schweder advised that the number of Ordinances passed by City Council that were presented in 2007 was 51. In reviewing the records of the past 20 years, President Schweder highlighted the fact that there has never been a number that small of Ordinances that were enacted going back to 1987. President Schweder continued on to point out that in looking at the number of non-Budget related Ordinances the figure for 2007 is 22 that is the second lowest number only to 2006 in terms of non-Budget related Ordinances that were passed. President Schweder, remarking he does not think a lot was accomplished for the year 2007 and a lot was not presented to City Council, expressed the hope that in 2008 there will be a reversal of that trend.

Second City Council Meeting in January – January 22, 2008

President Schweder announced as a reminder that the next City Council Meeting has
been rescheduled on Tuesday, January 22, 2008 at 7:30 PM in Town Hall.

13. COURTESY OF THE FLOOR

None.

14. ADJOURNMENT

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

BETHLEHEM CITY COUNCIL REORGANIZATIONAL MEETING
NEW COUNCIL
Tuesday, January 7, 2008 – 7:30 PM
10 East Church Street - Town Hall
Bethlehem, Pennsylvania

1. ROLL CALL OF HOLD-OVER MEMBERS OF COUNCIL

The Clerk called the Roll of the Hold-Over Members of Council. Present as Hold-Over Members were: Jean Belinski, Karen Dolan, Joseph F. Leeson, Jr., and J. Michael Schweder, 4.

2. PRESENTATION OF CERTIFICATES OF ELECTION

The Clerk affirmed that the Certificates of Election for the newly elected City Controller, City Treasurer, and Members of Council had been presented.

3. SWEARING-IN CEREMONIES

A. City Controller – Meg Holland

Stephen G. Baratta, Judge of the Court of Common Pleas, Northampton County, administered the Oath of Office to Meg Holland, duly elected City Controller.

B. City Treasurer - Kaija L. Farber

Stephen G. Baratta, Judge of the Court of Common Pleas, Northampton County, administered the Oath of Office to Kaija L. Farber, duly elected City Treasurer.

C. Members of Council - Robert J. Donchez, Gordon B. Mowrer, and J. William Reynolds

Stephen G. Baratta, Judge of the Court of Common Pleas, Northampton County, administered the individual Oaths of Office to Robert J. Donchez, Gordon B. Mowrer, and
J. William Reynolds, duly elected Members of Council.

4. ROLL CALL OF NEWLY CONSTITUTED COUNCIL.

The Clerk called the Roll of the Newly Constituted Council. Present were: Jean Belinski, Karen D. Dolan, Robert J. Donchez, Joseph F. Leeson, Jr., Gordon B. Mowrer, J. William Reynolds, and J. Michael Schweder, 7.

5. ELECTION OF PRESIDENT OF COUNCIL.

Prior to making a motion, Mr. Leeson expressed that the person who he will move to elect as President possesses the one quality that he thinks every citizen seeks in public officials and that is integrity. Mr. Leeson continued on to say this person throughout his career in public service and at the Allentown School District has been marked by fairness, balance, hard work, and integrity. Mr. Leeson stated it is his great honor and privilege to move for the election of Robert J. Donchez as President of Council for the years 2008 and 2009. Mr. Mowrer seconded the motion.

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

Mr. Donchez took the Chair.

6. REPORTS

A. President of Council

Mr. Donchez thanked his colleagues for the confidence they expressed in him this evening in electing him as President, and stated his appreciation. Mr. Donchez thanked Mr. Schweder for his professionalism and his leadership as City Council President, especially during the gaming issue. Mr. Donchez stated that Mr. Schweder did an outstanding job in conducting some very difficult public hearings, and commended Mr. Schweder. Mr. Donchez congratulated Mrs. Farber on being reelected as City Treasurer and Ms. Holland on being elected as City Controller. Mr. Donchez congratulated his City Council colleagues Mr. Mowrer, on his reelection to another term on City Council, and Mr. Reynolds, on being elected as a Member of Council. Mr. Donchez, observing that in the next few years Bethlehem will face many challenges, expressed it is an exciting time to be an elected official in the City. Mr. Donchez pledged to Mayor Callahan and to his colleagues the spirit of cooperation and communication. Noting there will be times when there is agreement and disagreement, Mr. Donchez pointed out it is the responsibility of City officials to do what is best for the citizens of Bethlehem, and added he is sure that will be done over the next two years. Mr. Donchez said, as a former President of City Council, he will continue the practice of treating citizens who come before Council with dignity and respect. Mr. Donchez pointed out that Bethlehem City Council is known for its professionalism and its decorum and that will continue under his leadership. Mr. Donchez remarked that all should roll up their sleeves since there is a lot of work to do, and keep Bethlehem, as former Mayor Marcincin would say, the jewel of the Lehigh Valley.

B. Mayor

Mayor Callahan congratulated Mr. Donchez on his election as President of Council, and added he is looking forward to the next two years working with Mr. Donchez. Mayor Callahan congratulated the newest and youngest elected official in the history of the City, Mr. Reynolds, and congratulated the newly sworn-in Council Members. Mayor Callahan congratulated Mrs. Farber on being reelected as City Treasurer and Ms. Holland on being elected as City Controller. Mayor Callahan added he looks forward to working with everybody. Pointing out it is an incredibly busy time and dynamic time in the City’s history and one that requires great leadership, Mayor Callahan said he looks forward to working with everyone in the spirit of cooperation over the next few years.

7. COURTESY OF THE FLOOR

Various Issues

Edwin Rodriquez, 1845 Linden Street, congratulated the newly elected City officials, and added that Mr. Schweder did a fine job as President of Council. Stressing there are still more gangs coming into the City, Mr. Rodriquez affirmed he has seen them, the drugs they are bringing into the City, the people involved in drugs, and the large amount of drugs in the 400 block of Broadway. Mr. Rodriquez stated all must be involved and educate themselves. Mr. Rodriquez highlighted the fact that in a storefront at Fourth and New Streets there are shirts on which are printed words such as thieves run the streets, a symbol of the latin kings crown, and of cash money bags. Mr. Rodriquez wondered how the young owner could afford to buy the building. Mr. Rodriquez questioned whether the City is going to allow gangs to come here and turf wars, and further queried is this the message the City wants to send to its citizens. Mr. Rodriquez asked that the Police Department follow-up on these things that are happening in the City and not to allow them to happen. Mr. Rodriquez also asked Zoning and Inspections to let the Police know about such businesses.

Mary Pongracz, 321 West Fourth Street, commented that anyone who is elected to office does not own anything in City Hall since the offices belong to the taxpayers. Recalling that when the then Mayor Gordon Mowrer took office it was agreed there shall be no window decorations, Ms. Pongracz expressed the hope that continues. Ms. Pongracz asserted that things that are brought in should be taken out, and stated that floors should not be carpeted because of allergies.

Ms. Pongracz, pointing out that Mr. Schweder served as President of Council during one of the most difficult periods in the City, complimented and commended Mr. Schweder. Ms. Pongracz added that Council has a difficult job ahead, and no matter what they do they cannot please everyone.

8. BENEDICTION

Father Anthony Mongiello of St. Anne’s Church offered the benediction at the close of the Council Meeting.

9. ADJOURNMENT

The meeting was adjourned at 8:10 pm.