Council MInutes

January 22, 2008

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, January 22, 2008 – 7:30 PM

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

President Donchez called the meeting to order. Reverend Gordon B. Mowrer, Member of Council, 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, J. William Reynolds, J. Michael Schweder, and Robert J. Donchez, 7.

Citation – Honoring Willis A. Leidich

President Donchez presented a Citation to Willis A. Leidich who retired from the Police Department after 22 years of service. The Members of Council congratulated Mr. Leidich and wished him well in his retirement.

Public Hearing – Rezoning Request – Area 1 B and Area 2 B Located in LVIP VII at the
Bethlehem Commerce Center – HI to IR

Prior to consideration of the regular Agenda items, President Donchez called to order a Public Hearing to review request to rezone from HI – Heavy Industrial to IR – Industrial Redevelopment District Area 1 B and Area 2 B located in Lehigh Valley Industrial Park VII at the Bethlehem Commerce Center, in the 17th Ward of the City of Bethlehem, Northampton County, Pennsylvania, totaling approximately 171 acres.

7.A. Planning and Zoning Director – Zoning Map Amendment- LVIP VII – Area 1 B and 2 B –
HI to IR

The Acting Clerk read a memorandum dated January 14, 2008 from Darlene L. Heller, Director of Planning and Zoning, stating that at their January 10, 2008 meeting, the Planning Commission voted 5-0 to recommend approval of the referenced zoning map amendment.

7.B. Lehigh Valley Planning Commission – Zoning Map Amendment – LVIP VII – Area 1 B and Area 2 B – HI to IR

The Acting Clerk read a memorandum dated November 30, 2007 from the Lehigh Valley Planning Commission stating that at their November 29, 2007 meeting the Lehigh Valley Planning Commission voted to return the following comment. Both districts are consistent with the County Comprehensive Plan and the choice between the districts is a matter of local concern only.

Planning Director Comments

Darlene Heller, Director of Planning and Zoning, stated that in August 2005 LVIP requested a similar rezoning for some of the Bethlehem Steel lands. Ms. Heller, referring to a map, indicated where Route 412 cuts through the LVIP land to the east and then to the south is the I-78 Interchange. She then pointed to where LVIP VII is located and then to the east of that the larger area known as Commerce Center. She pointed out areas that have already been rezoned to IR. The areas that front on Route 412 were looked at as those are the areas most likely to be reutilized for retail and office use and then extending down to the northeast corner of Commerce Center Boulevard. She said there are two areas being requested to expand the rezoning right now. In the center of LVIP VII is Lehigh Heavy Forge, and since this prior rezoning in 2005, there was some land purchased by LVIP from Heavy Forge and there was a re-subdivision done to expand the depth of some of the lots. She said the front of the lots are zoned IR and the rear of the lots are still zoned HI. The proposal is to expand the IR zone so that the rear of the lots are zoned the same as the front of the lots and it would expand the IR zone by about 9 acres in that area. Ms. Heller explained that the other area is down in the northeast corner of Route 412 and I-78, generally referred to as the interchange area. It is about 160 acres that fronts on 412 in a couple of locations. It is very visible and it was felt that it is very appropriate to rezone that to IR as well. It still leaves quite a bit of an area that is still zoned Industrial as part of the Bethlehem Steel land. Ms. Heller said the whole northern half of LVIP VII, the core of Commerce Center, and all of the Majestic land, would still be available for Industrial reuse. She said it is pretty straight forward, the one small piece to correct the error in zoning and then another 160 acres at the interchange. IR would allow retail, office, hotel, entertainment, and a variety of uses, and that would be preferred above the HI zoning that exists now. At this point, Ms. Heller commented, there have been no proposals submitted for those areas.

There was no comment from City Council or the public.

The Public Hearing was adjourned at 7:40 PM.

President Donchez stated that the appropriate Ordinance will be placed on the February 5, 2008 Council agenda for First Reading.

4. APPROVAL OF MINUTES

The Minutes of January 7, 2008 were approved.

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

Greenway

Robert Pfenning, 2830 Linden Street, commented that he noticed that in reference to the Greenway acquisition on the Purchase of Sale Agreement being considered that it is between the City of Bethlehem and Norfolk Southern Railway Company. He said the owner on record of that property is Pennsylvania Lines LLC. Mr. Pfenning then questioned why it is now 34 acres instead of 28, as was previously reported. The other question he had was in reference to the sketch that was mentioned that was dated 12/13/2006. Mr. Pfenning then asked about the City's purchase price versus the appraised value for the County. He said he thought it was interesting that if you look at the deed supporting this land, the land cost Pennsylvania Lines, or Norfolk Southern, something less than $8,546 per acre. Mr. Pfenning commented that he had a conversation with a County official involved in the open space program who indicated that since this land, which the County is getting a grant for, is for park development, the County requires 25% of the grant amount be spent by the City in services for the development of the park. Mr. Pfenning said it looks like if the County grant is utilized, the City is locked into almost a $275,000 expense in some future budget if it isn't already in the 2008 budget.

6. OLD BUSINESS

PMRS Payment

J. Michael Schweder, Member of Council, questioned Dennis Reichard, Business Administrator, with reference to the final days of the term of former Controller, Mr. Blair, and the underfunding of the PMRS payment and what was meant by Mr. Reichard's response that he would take responsibility for the incorrect budgeted number.

Mr. Reichard replied he would take responsibility for the incorrect budgeted number. Mr. Schweder asked if it was incorrect because it was a calculation error as was stated by the new Controller. Mr. Reichard stated there were a couple of issues. He said in addition to that it was assumed some excess interest would be received from the PMRS $2.7 million and one-third of that goes to the member account, one-third goes to unfunded liability, and one-third goes to the City account. He said they had assumed that credit could be used, which was approximately $900,000, towards the MMO which is basically the same thing, but it was not allowed to be used. Mr. Schweder asked when that was discovered. Mr. Reichard explained that was discovered in December when the payment was getting ready to be made that there was not enough budgeted in the line item. He said it was discussed with the officials at PMRS to use the $2.7 million. Mr. Schweder asked if that money was received at the beginning of the year. Mr. Reichard said no, at the end of the year. Mr. Schweder then asked if there was no way of knowing then until December 31 that it would be off by $800,000. Mr. Reichard explained the bill was received in January and it is tickled for December when the payment is made. He said he was assuming the budget was correct but it was not. Mr. Schweder asked where the extra $800,000 came from on December 31. Mr. Reichard replied that as he stated in his memo the 5% transfer rule was used to transfer the money. Mr. Schweder said that was understood, but millions of dollars were being borrowed out of the escrow accounts through the year to make ends meet for the General Fund, but it appears on the last day of year there was an extra $813,000 somewhere. Mr. Reichard pointed out that Treasurer's Escrow was not being borrowed for the whole year, it was at the end of the year. The medical payment did not have to be made so that cash was used for PMRS and we were able to save $48,000 of accrued interest. Mr. Reichard stated he has never missed a MMO payment. Mr. Schweder asked where the money comes from now to make up what would be a shortfall when the medical insurance payment is owed. Mr. Reichard responded that in the budget this year there is $6.7 million between the 9-1-1 Fund and the General Fund, and there is an agreement worked out with Blue Cross/Blue Shield for that amount that will have to be paid. He said any carryovers will be paid this year and the rest will be for 2008 payments and will carryover, if needed, depending on the claims, to 2009 and then those payments will be made. Mr. Schweder concluded by stating there is yet another $800,000 hole on top of what was carried over from last year that will have to be made up somehow.

Reactivation of Pumping Station

Jean Belinski, Member of Council, commented on a letter Members of Council recently received from Congressman Charles Dent wherein he states $1 million in funding was secured for specific projects within the Homeland Security appropriations section of a spending bill. The letter stated that this funding would allow Counties to address high-priority projects, including structural improvements such as stormwater management and stream bank stabilization. Mrs. Belinski stated that she thinks it is very important to reactivate the pumping station since $1 billion of development is going to take place. She said the Lehigh River flooded in 1942 and 1955 when the blast furnaces had to be shut down so it is important to reactivate the pumping station. Mrs. Belinski asked if the City can receive any of this funding for the reactivation. Michael Alkhal, Director of Public Works, said he would look into it.

Greenway

Joseph F. Leeson, Jr., Member of Council, stating that the final vote concerning the Greenway acquisition is listed on the agenda and he feels it is a project worthy of support, asked if a sketch plan could be exhibited to show the area.

7. COMMUNICATIONS

C. Business Administrator – Early Police Hires

The Acting City Clerk stated that two memorandums dated January 8, 2008 and January 16, 2008, were received from Dennis Reichard, Business Administrator, requesting the hiring of additional Police officers. This would temporarily increase the budgeted police positions by three until all the retirements are finalized.

President Donchez 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.

D. Parks and Public Property Director – Polling Place Agreement – DAR House

The Acting City Clerk read a memorandum from Ralph E. Carp, Director of Parks and Public Property, dated January 10, 2008 to which was attached a Polling Place Agreement for the County of Lehigh to utilize the DAR House as a polling place for the years 2008 through 2012.

J. William Reynolds, Member of Council, recalling a discussion previously concerning improvements needed to be made at the DAR House, asked if that would happen would the polling place need to be moved. Mr. Carp responded that those repairs are being planned to be made this year and does not think it will be a problem. He said a structural engineer has been through the facility and it was determined that it is safe to use with the maximum occupancy.

President Donchez stated that, if the Members of the Parks and Public Property Committee, and the Members of Council have no objection, the Resolution can be placed on the February 5, 2008 Council Agenda.

E. Planning and Zoning Director – Five Points Gateway Enhancement Study

The Acting Clerk read a memorandum dated January 14, 2008 from Darlene L. Heller, Director of Planning and Zoning, stating that at their January 10, 2008 meeting the Planning Commission voted 4-0 with one abstention to support the recommendations of the Five Points Gateway Enhancement Study which includes the One Way Pair proposal. The consensus of the Planning Commission was a recommendation that the One Way Pair proposal should be supported and funded by City Council.

President Donchez stated that City Council will hold a Public Hearing on this issue on Tuesday, February 12, 2008 at 7:00 PM in Town Hall. He also stated that the Mayor will also be having a public meeting on this matter at the Church of the Nativity on First Monday, February 4, 2008 at 7:00 PM.

F. Commissioner of Police – Resolution for Reimbursement for Training of Police Officers

The Acting Clerk read a memorandum from Randall Miller, Police Commissioner, dated January 9, 2008, requesting consideration of a Resolution necessary for the City to receive reimbursement from the State for 60% of the salary of Officers John Nye and Justin Madera for the 20 weeks they will be attending the Allentown Police Academy.

President Donchez stated that the Resolution will be placed on the February 5, 2008 City Council Agenda.

G. City Solicitor – Use Permit Agreements for Public Property – Artsquest – Musikfest 2008-2010

The Acting Clerk read a memorandum dated January 17, 2008 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached two proposed Resolutions for Use Permit Agreements between the City of Bethlehem and ArtsQuest for Musikfest 2008-2010 for use of various City properties and streets according to the terms and conditions of the Agreements.

President Donchez stated that the Resolutions will be placed on the February 5, 2008 City Council Agenda.

H. City Solicitor – Bill No. 50 – 2007 – Amending Non-Utility Capital Budget – Greenway Acquisition

The Acting Clerk read a memorandum dated January 17, 2008 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached the Contract of Purchase and Sale between the City of Bethlehem and Norfolk Southern Railway Company, an accompanying email from counsel for Norfolk Southern acknowledging its agreement to the terms and conditions of the Agreement, and a Resolution for Council's consideration with regard to the Greenway acquisition. It was also requested that Bill No. 50 – 2007 – Amending Non-Utility Capital Budget – Greenway Acquisition be placed on the Agenda for Final Reading.

President Donchez stated that Ordinance 9 A and Resolution 11 D are listed on the Agenda.

I. Mayor – One Way Pair Proposal

A memorandum dated January 17, 2008 from Mayor John B. Callahan as follows:

"At the request of Councilman Leeson, I am providing a review and update of the history and progress to date regarding the One Way Pair proposal for South Bethlehem. As you can see the proposal meets the goals of the community and has had vigorous public input and support. The One Way Pair proposal needs to be coordinated with two other important phases of the Rt. 412 Improvement Project in this area, thus time is of the essence. We need to make funds available for detailed design and engineering in order to begin construction in early 2009.

In 2000 the City completed the South Side Master Plan to assist in long range planning for the South Side downtown area. In 2002 the City followed the downtown plan with the South Side Vision 2012 Plan. Both plans recommended further analysis of the western gateway area, the 5 Points area, as a major priority. The City subsequently initiated programs through the economic development office to spur assistance to the 5 Points neighborhood; the BEAR program is a good example.

In late 2003, with the consulting assistance of Taggart Associates, the City initiated the 5 Points Gateway Enhancement Study to analyze the three main additional issues that have plagued the 5 points area and continue to be raised by local business owners and residents – pedestrian safety, parking and traffic circulation. The planning study included a detailed traffic study by the team of RETTEW/Boles Smyth Associates that demonstrated that this corridor is significantly congested under existing and future conditions with movements at various intersections having a level of service of F (failing). Implementation of the one-way pair demonstrated that the overall level of service at intersections and movements would be appreciably improved and that this is especially critical under future conditions. The study concluded that future traffic congestion would be severe to potentially unmanageable if no action is taken and that the one-way pair is the best available option to offer much needed improvement.

The 5 Points Gateway Enhancement Study was initiated and completed with a significant amount of public input. The first meeting was held in January of 2004. The second meeting was held in May of that year. Both sessions were well attended. It was particularly encouraging that both of the sessions were attended by residents and business owners specifically from that area who would not typically attend a public meeting. A flyer was created in both English and Spanish and Taggart Associates made a concerted effort to distribute it in the immediate area. The public was also engaged through surveys of parking use and demand and follow up surveys to the attendees about the success of the public meetings. Based on the result of the survey the One Way Pair project has overwhelming support. 96% of the public agreed with the stated problems with the area and 92% agreed with the recommended improvements.

The major recommendation of the Plan was the development of the One Way Pair project. It is recognized as the only solution that addresses each of the 3 issues – pedestrian safety, parking and traffic circulation - without impacting historic structures and neighborhood character. In fact, the One Way Pair project also addresses the creation of a gateway enhancement, additional streetscape improvements such as street lights and street trees and a commitment by the City that will allow for increased property values and increased incentives for private investment in neighborhood properties.

The entire 5 Points Gateway Enhancement Study and the One Way Pair proposal in particular were presented to City Council at a Committee of the Whole meeting in the fall of 2004. The Community and Economic Development Department and the Public Works Department have been working toward acquiring funding for the 5 Points Gateway Study and the one way pair project for the past three years. We are pleased to have received the commitment of a few partners in the final design and subsequent development of the project. St. Luke’s Hospital, Sands BethWorks and PennDOT have committed equally to be partners with the City in development of the One Way Pair proposal.

Since some time has passed from when the initial study was completed, the project has been recently presented to a variety of groups and organizations to review the information with them and also reconfirm their support of the project. The organizations include:

The South Side Task Force November 27, 2007
South Side Vision 2012 task force December 2, 2007
Citizens Traffic Advisory Committee (CTAC) January 8, 2008
Bethlehem Planning Commission January 10, 2008
First Monday presentation at Church of the Nativity February 4, 2008

Although the physical layout of the proposal has not been modified, we would like to provide an update to Council on all of the other aspects of the project. Traffic has long been one of primary concerns with the continued redevelopment of south Bethlehem. With traffic counts to increase significantly in the near future the time to address the bottleneck along the Rt. 378/Wyndotte corridor is now. We have worked hard to build a private public partnership to address the issue and have attempted for two months to get on the City Council agenda for action.

I am requesting that City Council move quickly to schedule a Committee of the Whole to review this proposal and create a line item for $2,000,000 and move the City’s contribution of $500,000 from Treasurer Escrow Account 10770035 New Job Corp Development to One Way Pairing, so that detailed design and engineering can begin and we can start construction in early 2009."

President Donchez again noted that City Council will hold a Public Hearing on Tuesday, February 12, 2008 at 7:00 PM in Town Hall.

J. Business Administrator - Temporary Increase in Fire Department Staffing

The Acting Clerk read a memorandum dated January 22, 2008 from Dennis W. Reichard, Business Administrator, to which was attached a memorandum from George Barkanic, Fire Commissioner, requesting an additional firefighter due to a retirement and the need to get this person to the Fire Academy February 25, 2008.

President Donchez 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.

8 . REPORTS

A. President of Council

1. Councilmanic Appointment – Susan R. Sommers – Library Board

President Donchez appointed Susan R. Sommers to membership on the Library Board, to fill the unexpired term of Janet E. Greenleaf, effective until December 2010. Mr. Reynolds and Mr. Mowrer sponsored Resolution 15,248 to confirm the appointment.

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

2. Councilmanic Appointment – J. William Reynolds – Library Board

President Donchez appointed J. William Reynolds to membership on the Library Board, to fill the unexpired term of Robert J. Donchez, effective until December 2010. Mr. Mowrer and Mrs. Belinski sponsored Resolution 15,249 to confirm the appointment.

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

3. Committee Assignments – 2008-2009

President Donchez announced the following Committee Assignments for 2008-2009:

COMMUNITY DEVELOPMENT PARKS AND PUBLIC
COMMITTEE PROPERTY COMMITTEE

J. Michael Schweder, Chairman Jean Belinski, Chairwoman
Joseph F. Leeson J. William Reynolds
Gordon B. Mowrer J. Michael Schweder

FINANCE COMMITTEE PUBLIC SAFETY COMITTEE

Joseph F. Leeson, Chairman Gordon B. Mowrer, Chairman
Jean Belinski Karen D. Dolan
Karen D. Dolan J. William Reynolds

HUMAN RESOURCES AND
ENVIRONMENT COMMITTEE PUBLIC WORKS COMMITTEE

J. William Reynolds, Chairman Karen D. Dolan, Chairwoman
Jean Belinski Gordon B. Mowrer
Joseph F. Leeson J. Michael Schweder

4. Special Committee

President Donchez announced that he will be forming a Special Committee to be Co-Chaired by Ms. Dolan and Mr. Mowrer who would report back to City Council some time in April, to review the Rules of City Council, the structure of the Committees, updating of the language, and also to looking at the possibility of moving the starting time from 7:30 to 7:00 for City Council Meetings. President Donchez advised that some research of other Third Class Cities indicated that 7:00 was the average time. He also stated the possibility of adding a Vice President of City Council so that when the President is not in attendance, Council would know who would be chairing the meeting.

5. Lehigh Valley Planning Commission Representative – 2008

President Donchez announced that Mr. Mowrer will be representing the Cities of Bethlehem and Easton on the Lehigh Valley Planning Commission for 2008.

Comprehensive Plan/Zoning Ordinance Task Force

He also announced that Mrs. Belinski and Mr. Schweder will be City Council's representatives on the Comprehensive Plan/Zoning Ordinance Task Force for the coming year.

Letter of Commendation

President Donchez reported that he received a letter from Mary Pongracz commending the Fire Department, which he forwarded on to George Barkanic, Fire Commissioner. President Donchez said the letter will be forwarded by the Commissioner to Schweder Fire Station.

B. Mayor

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 50 – 2007 Amending Non-Utility Capital Budget – Greenway Acquisition

Mr. Leeson asked if this item could be considered this evening after Ms. Heller returns with the map that was requested earlier. President Donchez agreed.

10. NEW ORDINANCES

A. Bill No. 1 – 2008 – Re-Adopting 2008 Sewer Fund Budget

The Acting Clerk read Bill No. 1 - 2008 – Re-Adopting 2008 Sewer Fund Budget, sponsored by Mr. Reynolds and Mr. Mowrer, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, RE-ADOPTING
THE SEWER FUND BUDGET FOR 2008.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Voting NAY: Mr. Schweder, 1. Bill No. 1 - 2008 was declared passed on First Reading.

B. Bill No. 2 – 2008 – Amending Article 1703 – Electrical License – Continuing Education

The Acting Clerk read Bill No. 2 – 2008 – Amending Article 1703 – Electrical License – Continuing Education, sponsored by Mr. Reynolds and Mr. Schweder, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 1703 OF THE CODIFIED ORDINANCES
ENTITLED REQUIREMENTS AND QUALIFICATIONS
TO OBTAIN LICENSING TO PERFORM ELECTRICAL
WORK WITHIN THE CITY OF BETHLEHEM.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 2 - 2008 was declared passed on First Reading.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 50 – 2007 Amending Non-Utility Capital Budget – Greenway Acquisition

Ms. Heller explained the maps that she had that would be available to view. Mr. Leeson asked to view both since he said he feels that when this kind of money is spent, he likes to know all that is involved.

Ms. Heller explained the area on the exhibited map. She said the area starts on the western end at Union Station and that extends to the western side of the Hill to Hill Bridge. She said in the downtown area it extends eastward between Third and Fourth Streets, and the right of way averages about 60 feet wide, but does vary from tax parcel to tax parcel. She went on to say it continues at the Hayes Street area and at that point the railway intersects with Hayes and Third Street and Daly Avenue which, she said, is a confusing intersection. Ms. Heller continued pointing out that from there the rail bed follows the southern edge of Daly Avenue and maintains the 60 foot width immediately between Daly Avenue and the retaining walls that are to the south. She then pointed out where the Minsi Trail Bridge is located and the site of the casino. Ms. Heller showed on the map where the bed goes under the Daly Avenue Bridge, the area of the proposed skate park, and to the eastern side of the Daly Avenue Bridge the rail bed that goes through industrial land where the land has much less connection to the abutting properties in those areas. She said going east it starts to widen out and not too far from there is the Lynn Avenue Bridge and just to the east of there it gets considerably wider. Ms. Heller said it then runs along the southern edge of the Lehigh Valley Rail Management rail yard. She explained that even though the purchase is just 60 feet wide, there is a crescent shape piece there that would be transferred to Lehigh Valley Rail Management, and to the south of that in the area of the stone arch bridge is where the purchase ends. She said the stone arch bridge will come down as part of the Route 412 project, and there is a self-storage unit located on the western side of Route 412 which is the southern edge of the purchase, and to the east it would connect with Traveler and Auburn Streets, the southern access point that will allow the public to get over to Saucon Park. She said to the north there is a great difference between the rail bed and Saucon Park below. Ms. Heller said it ends there because to the south Norfolk Southern has a long-term lease through another private entity and it is not available for purchase at this time.

The Clerk read Bill No. 50 – 2007 – Amending Non-Utility Capital Budget – Greenway Acquisition, on Final Reading.

Mr. Leeson asked Ms. Heller how far the southern end of that land is from the Borough of Hellertown, City of Bethlehem boundary. Ms. Heller replied probably another mile to mile and a half. Mr. Leeson explained it was his impression that the City was going to acquire all the way down to the Borough of Hellertown. Ms. Heller responded that is certainly the long term goal but at this time it is not available for purchase. She said there is a long term lease there and part of what will be done is continue to negotiate for this easement area to make the connection there but it is not available for purchase. Mr. Leeson stated it was available for purchase several years ago and asked what happened in the interim. Ms. Heller said she does not know the details of that, it is under a long term lease agreement with the concrete company. Mr. Leeson asked which concrete company. Ms. Heller replied she did not know. Mr. Leeson asked when that lease agreement went into effect. She said she did not know. Mr. Leeson said, although he is in favor of this acquisition, one thing that he would like to make clear is that several years ago all that land was available down to the Borough of Hellertown and it all should have been acquired to make the Greenway go down as far as we could or, in the alternative, sell what we did not want. He said he thinks someone dropped the ball and that lease agreement got executed in the interim. He asked when that lease agreement runs out. Mr. Heller said she does not know the details of it but believes it is a long term lease. Mr. Leeson asked if there has ever been any discussion about acquiring an option upon the expiration of the lease so the City could exercise the option to buy the land. Ms. Heller said that can be discussed with Norfolk Southern. Mr. Leeson commented he is not happy about the turn of events here. He said the instructions that were given were very clear and he cannot understand how this happened.

Mr. Mowrer asked why the Mayor and Tony Hanna, Director of Community and Economic Development, are not in attendance this evening. Mr. Reichard explained that the Mayor is attending the United States Conference of Mayors and Mr. Hanna had a personal emergency. Mr. Mowrer stated he thinks that it is bad coverage.

Mr. Schweder asked Ms. Heller if the area we are talking about is the middle tract of land going down past the Daly Avenue area. He said there is a tract which exists that would be the north side of that area which eases into the area by the company that is still fabricating at the top of the hill at Daly Avenue and there is a rail line that still serves that building. He asked if that will still be there under this proposal. Ms. Heller said she wasn't sure what he was referring to. Mr. Schweder asked where the rail line is that serves that facility. President Donchez noted the facility as Lehigh Heavy Forge. Ms. Heller said they are served through Lehigh Valley Rail Management which is to the north of what is being purchased. Mr. Schweder asked if it is still within the railroad bed. She said there still is a line underneath the Lynn Avenue Bridge but that is not what is being purchased. Mr. Schweder asked if that would continue to exist and what is being purchased is next to that. Ms. Heller replied yes.

Mr. Schweder then asked, in terms of finances, what are the additional costs for the Greenway towards completion. Ms. Heller replied that the estimate from the conceptual plan that was completed two years ago was approximately $5 million that included basically everything. She said some of the funding for such things as the Skate Park are being funded separately through other grants. Mr. Schweder then asked if that is $5 million on top of what is being asked for here this evening. She replied yes. Mr. Schweder then asked if the revenue sources have been identified for the $5 million. Ms. Heller responded that we have $800,000 in a grant and we have some design money, $250,000, available through DCNR. She then said there would be another $400,000 that the City has for the Skate Park.

Mr. Schweder stated that he supported this proposal from the outset but said if asked to vote this evening he would not vote for it for several reasons. He said he is convinced that the City is several million dollars in deficit with the budget that was passed. He said there is $3.5 million for the proposal that is before us for which there is no funding source. He said the other thing is that when the debate started several years ago in trying to determine where the new Broughal Middle School would be located, one of the places was the site of the old Washington Junior High School. He said he recalled from a news article that the reason why the School District did not proceed with that is because of that rail line. He continued on to say we are going to be building a greenway with an active rail line next to it. Mr. Schweder said, with what was seen this evening in the presentation, he does not get a comfort level in terms of the specifics of what is being asked to do on final passage. He said Council did act upon this on first reading last year and it was passed, but he thinks there are more unanswered questions now and the final ones are very serious.

Mr. Reynolds asked Ms. Heller where exactly what is being purchased ends. Ms. Heller replied there is a stone arch bridge abutting the storage rental facility on the western side of Route 412 where it would end. She said on the western side it is where the intersection of Traveler and Auburn Streets is. Mr. Reynolds asked how far the Greenway would be from this rail line that would still be in existence. Ms. Heller said they both pass under the Lynn Avenue Bridge. Mr. Reynolds asked for an estimate of how far apart. Ms. Heller replied she is not sure. She said the City has already spoken with Lehigh Valley Rail Management and they already have grant funding. She said both a berm and fencing will be built to separate their rail yard from the Greenway from the Lynn Avenue Bridge over to the other edge of the rail yard.

Ms. Dolan asked Ms. Heller how long the City has been working on this project. Ms. Heller replied that she did not know how long the negotiations have been going on saying she has not been directly responsible with that. Ms. Heller said when the South Side Master Plan was done in 2001 one of the recommendations of the plan was that the City should pursue acquisition of that right of way, and then later when the South Side 2012 Plan was completed in 2002, the recommendation was expanded to continue that acquisition down into the residential neighborhood. She said it has been quite some time. Ms. Dolan commented she thought it was going on for more than eight years and said she attended dozens of meetings to try to convince the voters of Northampton County, and then the County Commissioners, that Open Space money is appropriate for the City. That was a tough argument and she said it was difficult to convince the Commission that a City deserves open space. Ms. Dolan said there was $1 million received from that effort. Ms. Dolan mentioned that the City already has two Greenways that run adjacent to active rail lines, the Monocacy Way that runs adjacent to an active rail line two times a day, and the Delaware Lehigh Heritage Corridor adjacent to a switching yard. She said that is the nature of open space in cities, especially linear open space, it is going to be near rail lines. Ms. Dolan said she does not have a problem with it, it is the reality of how these things work, rail lines that run along open spaces. Ms. Dolan stated that, with reference to Mr. Leeson's comments, this is no surprise to her that throughout this process there has always been concerns, efforts, worry, doubt, and hope that the City would be able to acquire this much, that much, how much can we get. She said there was a point a few years ago when the City realized it would not be possible to go all the way to Hellertown. She said she recalled that was years ago when it was learned the compromise would have to be made to go as far as possible with the long term goal being to get all the way to the park. She said having dealt with Norfolk Southern in her own homeowner way she thinks it is amazing that the City has reached the point they have because they are difficult to negotiate with. Ms. Dolan said considering the money being looked at, it is money that if it is not spent on this, it will not be spent on something else that is specific to the Greenway. She commented that she does not understand the consternation and feels this is a proud moment for the City. She said she will not only vote for this, but will vote with hope and pride that the City will have a Greenway. As far as the other money is concerned, with regard to Mr. Schweder's comments, Ms. Dolan said the land needs to be acquired first, that is how grants work. She said grants cannot be obtained to enhance an area if you don't have the property, so you have to take that first step. She said she thinks to back off now would be a terrible step in the wrong direction.

Mr. Leeson commented that Ms. Dolan raised a good question and thinks some history is in order to refresh everyone's recollection. Mr. Leeson recalled that Tony Hanna came to either the Finance or Parks Committee requesting direction as to how much Council wanted to pursue this Greenway project. Mr. Leeson said it was originated under a prior Administration when the entire tract all the way to Hellertown was made available for sale. Mr. Leeson recalled that initially the Administration came to Council and said the whole was not going to be bought, and then Council basically indicated, not by vote, that the whole thing should be acquired. He said subsequent to that Mr. Hanna insured Council that request would be followed and they would acquire the whole thing since the whole thing was for sale. He said over time Council has indicated that they should be kept posted on the acquisition efforts and make sure that request be followed. Mr. Leeson stated that was not done and an opportunity was lost. He said he does not know why it was lost. He said Norfolk Southern had told him face to face the whole thing was for sale to the City and they wanted the City to have it. Mr. Leeson said he thinks it was a good sense of Council to give the Administration that indication because industrial land of this type is subject to be gobbled up and Greenway trails are of particular value in terms of preserving green space through the City. He said this would have been particularly unique because it would run from the north side across the river all the way down to Hellertown. He said he thinks what is on the table will be nice, and said he will support it and does not want to lose that, but he feels it is a disappointment and the ball was dropped some where to the detriment of the community. He said he is hoping that something will be negotiated, whether it be an option contract or something else, so that when that land does become available the City will have an option to consider purchasing it at that time.

Mrs. Belinski commented she did not know whether to vote for it or not, and said she would have hoped that Mr. Hanna would be in attendance but realizes he had a personal emergency. She noted the Mayor is not in attendance and there are questions remaining why the property stops at the stone arch bridge. She asked if it was possible to table the matter until the next meeting so that the Mayor and Mr. Hanna would be available to answer the questions. President Donchez said a motion could be made to table. Ms. Dolan asked if before a motion was made if it could be found out if there was any time sensitivity. Ms. Heller responded that she thought the agreement of sale expires in early February. Ms. Heller added that one of the goals the City really wanted was to have a connection to Saucon Park at the southern end, and the City does have that. Traveler and Auburn was the first connection to be made and that was a big part of the acquisition and goal of the project, to have a connection from the downtown, and that also goes from Saucon Park down to Goodman Campus. She said there is a wide open range of possibilities to be able to use those facilities on the South Side and that was really the goal. She said it is not a trail to nowhere.

Mrs. Belinski asked if there was any way to postpone this until the next meeting to get more information from the Administration. President Donchez stated that would be up to the individual Member of Council if they want to make a motion to table, then there will be no discussion and there will be a vote. Ms. Dolan stated she is concerned because of the time sensitivity. John F. Spirk, Jr., City Solicitor, stated the Agreement of Sale says closing has to be on or before February 15, and as was said, dealing with Norfolk Southern is not a matter of quick turnaround to get them to sign and then proceed to vote. He said it was the hope that Council would vote tonight and suggested that tabling, although it could give answers to future questions, would not get the City the rest of the line into Hellertown. Attorney Spirk said he thinks the question is more does Council wish to proceed with what we have gotten so far.

Ms. Dolan commented that there are questions but they are related to the next step. She said this will not change no matter what the answers are. She said at the outset of remarks, for example, Mr. Leeson said he intends to support this but with disappointment and with questions. Ms. Dolan agreed that she shares those questions and has hope based on the disappointment that it didn't go as far as it did. She said she does not think it will be impacted by the answers to those questions and is concerned because Council has questions it could go back even further. Ms. Dolan remarked that she is hoping if a motion to table was made that it would not pass.

Mr. Reynolds asked Ms. Heller if she was confident that where the Greenway ends that there is a safe connection by which to get to Saucon Park. He said he knows South Side Little League and Saucon Park are right there. Ms. Heller said she thought it was an ideal connection, about one block to the parking lot and very safe.

Mr. Schweder commented that if all the particulars are removed from what is being talked about, whether this moves forward or not, he said he is astounded. He asked if anyone who at one time or another bought a piece of property would go to settlement being shown a map for the first time which no one could read without any description and the inability of the realtor to answer any of the questions. He said everyone is for it conceptually but to sign off tonight without the answers to certain things is like the Peter Pan theory of government, that we are going to hope for the best and go ahead and spend the money. He stated he does not think that is the way to proceed.

Voting AYE: Ms. Dolan, Mr. Leeson, Mr. Mower, Mr. Reynolds, and Mr. Donchez, 5. Voting NAY: Mrs. Belinski and Mr. Schweder, 2. Bill No. 50 - 2007, hereafter to be known as Ordinance 4469, was declared adopted.

11. RESOLUTIONS

A. Accepting Residential Reinvestment Grant – North by Northwest/Elm Street Plan

Mr. Reynolds and Mr. Mowrer sponsored Resolution 15,250 that authorized the Mayor and Controller to enter into an Agreement with the Commonwealth of Pennsylvania for the Residential Reinvestment Grant Funds to obtain funds from the Pennsylvania Department of Community and Economic Development in the amount of $250,000 for the purpose of pursuing the Elm Street Plan.

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

B. Approving Enterprise Zone Reauthorization and Filing Funding Proposal

Mr. Reynolds and Mr. Mowrer sponsored Resolution 15,251 that authorizes the filing of a proposal for funding from the Pennsylvania Department of Community and Economic Development in the amount of $50,000 annually in Pennsylvania Urban Enterprise Zone Funds and Access to the Enterprise Zone Resources for the statutory length of the Enterprise Zone Program.

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

C. Certificate of Appropriateness – 437 Main Street

Mr. Reynolds and Mr. Mowrer sponsored Resolution 15,252 that granted a Certificate of Appropriateness for four double-sided boulevard banners to be installed at the Hotel Bethlehem at 437 Main Street.

Mrs. Belinski asked what a boulevard banner is and if it would be hung across the street.

Ms. Heller responded she did not know why it was called a boulevard banner, but it is similar to any other banner that might hang on the street lights, and it may have to do with the shape of the banner itself. She said it would not be hung across the street but attached to the side of the building.

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

D. Authorizing Execution of Contract of Purchase and Sale – Norfolk Southern Railway Company – Greenway

Mr. Reynolds and Mr. Mowrer sponsored Resolution 15,253 that authorized the execution of the Contract of Purchase and Sale between the City of Bethlehem and Norfolk Southern Railway Company, according to the terms of the agreement, for the purpose of acquiring 34 acres known as the Greenway.

Voting AYE: Ms. Dolan, Mr. Leeson, Mr. Mower, Mr. Reynolds, and Mr. Donchez, 5. Voting NAY: Mrs. Belinski and Mr. Schweder, 2. The Resolution passed.

12. NEW BUSINESS

A. Report – Controller

Meg Holland, City Controller, reported on the details of her first year's agenda as contained in her memorandum dated January 22, 2008. Items include (1) hire a Deputy Controller, (2) attend monthly pension board meetings and review reports; (3) establish fraud deterrence and prevention practices; (4) establish purchase order procedures and authorization controls; (5) enact record retention policy for the Accounting and Controller's Department; (6) enhance the existing database of municipal contracts with the Law Bureau; (7) review and monitor the budget process; (8) meet with all departments as to policies and procedures, (9) review of medical insurance and catastrophic insurance processing; (10) operation and performance audits of departments and other entities (including the entities that are part of the Bethlehem Authority); (11) review purchase policies and procedures as they relate to pricing negotiations; (12) meet with Sands-BethWorks representatives to review the host fee contract, revenue generation and computations; and (13) meet with various other local government controllers to coordinate any efforts with respect to related areas.

President Donchez, commenting that her agenda is very ambitious, asked if she would come back to City Council, every six months or quarterly, to give an update, and possibly attend Finance Committee Meetings. Ms. Holland said, with regard to President Donchez's recommendation at a Finance Committee Meeting she attended regarding Maher Duessel comments being initiated and implemented as far as internal controls, she would make sure her department would do that.

Water Bill

Mrs. Belinski explained a problem with an incorrect name on her water bill and getting it straightened out. Ms. Holland said she thought it could possibly be something in the computer system and said she would look into it.

Attendance at Council Meetings

Mr. Reynolds agreed that the Controller's agenda was ambitious. He added that in addition to reporting to City Council every six months, he felt it would be a positive thing for her to attend as many Council Meetings as possible. Ms. Holland commented that she appreciates the invitation but noted that sometimes it is not a good idea with some audits to report on too much, but said she would like having Council's input also.

President Donchez told Ms. Holland that as an independent elected official she is welcome to attend and address City Council at any time.

13. COURTESY OF THE FLOOR

Host Fee, Safety Issue, and Reassessment of Lehigh County Properties

Chuck Nyul, 1966 Pinehurst Road, commented on what was reported in the Morning Call concerning the Fire Union contract and that throughout the whole article the Sands Casino was mentioned repeatedly. He said it seems as though the contract is backed by the host fee. Mr. Nyul said he thinks rules should be set on how the money should be spent to benefit the citizens of the City of Bethlehem.

Mr. Nyul reported on a pedestrian problem at Sheets and Wyandotte Street. He said students of Broughal are not crossing at the crosswalk but running across through the traffic at this area, and said he thinks something should be done before someone gets hurt.

Mr. Nyul commented that he doesn't trust what is going on with regard to the development of Martin Tower and property in Lehigh County possibly being reassessed if this goes through.

Little League

John Ladics, Kaywin Avenue, stated that there is another petition concerning the lights in the ball field, and there are 71 signatures. He said none of the people who signed are against any form of Little League baseball up to sixteen and seventeen years old. Mr. Ladics commented that the people in the neighborhood over the years have never had a reason to believe that their properties would be encroached upon as it is now. He said the encroachment is becoming too far fetched, they want to put lights up and fly balls are coming into the yards. Mr. Ladics mentioned that he thinks Ralph Carp, Director of Parks and Public Property, is addressing that. Mr. Ladics said he thinks that there is a question as to the Use Permits for the Little League fields, and that the petitioners are waiting for an answer on that. He added that he thinks the Little Leagues are becoming an enterprise and going too far. He referred to letters sent to City Council from Mr. Kohler and the rebuttal from the petitioners. Mr. Ladics said this issue is important to the neighborhood, and that the homes are entirely too close to the ball fields. He said he feels it is great if the park is used by Little League kids, not by adults, not with lights, and not by infringing on the properties of the taxpayers of the City. Mr. Ladics, saying he represents a large group of people, asked to be kept informed regarding the Use Permit Agreement. He said he respects Mr. Carp's honesty in telling his attorney that the matter would be taken care of prior to the opening of the Little League season.

Five Points Meeting, Greenway, and Negative Advertising

Eddie Rodriguez, 1845 Linden Street, commented that he is not happy about the Greenway and is concerned for the pedestrians at the Five Points area. Mr. Rodriguez said he is tired of waiting for the crosswalks. He said it's been three years and would like something done about it. He said he is grateful a meeting has been set up by City Council regarding the Five Points and hopes there will be sufficient time for advertising and notifying business owners and residents because of the large area. He said he will not get involved with the meeting to be held at the Nativity Church.

Mr. Rodriguez said he is troubled by the active rail line in the Greenway and is concerned for public safety. He added he is not happy with the creation of a Skate Park. He said the skateboarders throughout the City cannot be controlled now.

Mr. Rodriguez then commented on the one way streets in the Five Points area and fire trucks and LANTA buses traveling through. He said a Five Points Block Watch group is needed and he has had conversations about that. He mentioned he is concerned with the drug activity in the area of Daly Avenue and the Greenway and thinks that has to be dealt with.

Mr. Rodriguez would like City Council to adopt an ordinance to prevent store owners from displaying negative advertising on clothing in storefront windows.

Host Fee

Robert Pfenning, 2830 Linden Street, responding to comments of Ms. Holland, said there is no contract to enforce regarding the host fee, that it is a law which clearly says the City of Bethlehem will get 1.6 per cent of gross revenue or $8 million, whichever is greater, plus Northampton County will get .24 percent of gross revenue. He explained how in Pennsylvania every slot machine is directly connected to a master computer in the Department of Revenue in Harrisburg and how money automatically gets transferred based on this connection. He said those funds would get distributed on a quarterly basis to the municipalities and at end of the fiscal year the makeup is done for the $8 million.

President Donchez asked Mr. Pfenning to state for the record what his position is with Northampton County. Mr. Pfenning responded that he is the voluntary Chair of the Northampton County Gambling Impact Committee.

Various Issues

Dean Bruch, 555 Spring Street, said he was wondering why no one ever walked the Greenway to see what is there and what the City would get for their money. Mr. Bruch commented that he thought that gaming would also come to the City. He said he appreciated Ms. Holland's enthusiasm for her job. Mr. Bruch then commented on buying and selling property, the prime rate and the loaning of money to individuals. He then commented on homes being refurbished and given to people who cannot afford to buy them and what happens, such as in the Marvine area. He stated he thinks the schools should be training students to learn reading, writing and arithmetic, and to speak English fluently.

Five Points Gateway Enhancement Study

Bill Scheirer, 1890 Eaton Avenue, thanked the Controller for her detailed report and said he looks forward to future reports. Mr. Scheirer then commented on Communication 7 E concerning the Five Points Gateway Enhancement Study and the Planning Commission's vote of 4-0. Mr. Scheirer remarked that this was, as pointed out in the Express Times, without benefit of public comment. He said he thinks he knows why and that is because he had called two days beforehand to find out what was on the agenda, thinking two days was close enough to the actual meeting to find out what was on the agenda, but he said he was wrong. The Five Points Study matter was added to the agenda within the last two days along with another item. He said that may explain why there was no public comment.

Technology in Town Hall and Vacancy in Mayor's Office

Dave Sanders, 6 East Washington Avenue, stated he thinks that changes should be made so that everyone in the audience at City Council Meetings can see what is being discussed when presentations are being made. He said the public helps pay for these things so the public should be able to see what Council is being shown. Mr. Sanders thinks the technology is available and it can be done.

Mr. Sanders asked that it be made clear the process that is followed when there is a vacancy in the office of Mayor and how the Mayor would be appointed. He suggested that the new Special Committee could possibly work on that.

Commendation to the Fire Department

Mary Pongracz, 321 West Fourth Street, mentioned her smoke alarm went off and after dialing 9-1-1- the Fire Department came promptly to her rescue. She stated there are many things that are taken for granted in the City of Bethlehem and there is a lot to be thankful for. Ms. Pongracz said she thinks this is a great city. She congratulated the Fire Commissioner and mentioned that she has written a letter of commendation. Mrs. Pongracz commented that she thinks people are quick to be critical and never put on paper the good things that people do. She again thanked the Fire and Police Departments, the sewer workers, and all City employees who are subject to danger.

14. ADJOURNMENT

The meeting was adjourned at 9:30 p.m.