Council MInutes

February 5, 2008

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, February 5, 2008 – 7:30 PM

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

President Donchez called the meeting to order. Father Carmen Bolock of Our Lord's Ascension Polish National Catholic 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, J. William Reynolds, J. Michael Schweder, and Robert J. Donchez, 7.

Citation – Honoring Robert J. Righi

President Donchez presented a Citation to Robert J. Righi who retired from the Police Department after 27 years of service. The Members of Council congratulated Mr. Righi and wished him well in his retirement.

4. APPROVAL OF MINUTES

The Minutes of January 22, 2008 were approved.

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

Commending Robert J. Righi on Investigation Work

Stephen Antalics, 737 Ridge Street, recounted a story of when he moved back to Bethlehem a very intense and thorough investigation of a break-in at his house that was conducted by then Detective Righi.

Use Permit Agreements – Musikfest

Robert Pfenning, 2830 Linden Street, referring to Resolution 11 D for the proposed Use Permit Agreement for Musikfest, item 3, Contributions, questioned whether it covers all the non-uniformed service costs and if not what is the amount of the subsidy and the justification since the 25 year old festival seems to be financially secure. Mr. Pfenning, focusing on item 14, noted that, as he pointed out last year, the Ordinance requires a list of vendors to be submitted to the City, and asked what the City is doing to make sure a list is submitted, and that the vendors have business privilege licenses. Regarding item 15, Mr. Pfenning asked how the City verifies the food and non-food vendor sales and ties it into the mercantile tax return.

Dennis Reichard, Business Administrator, advised the negotiated fee covers the salaries of non-uniformed employees. He explained that Musikfest gives the City roughly over $300,000 for non-uniformed employees, Police, Fire, and EMS services. Stating there is about $35,000-$40,000 of in-kind services not received by the City, Mr. Reichard pointed out that about ten years ago the City was receiving approximately $35,000 for non-uniformed services versus over $110,000 under the currently proposed Agreement. Mr. Reichard continued on to say the Tax Bureau verifies the other matters questioned by Mr. Pfenning, there is a pre-meeting with all the vendors, and added that Mr. Pfenning could contact the Tax Administrator regarding the matter.

6. OLD BUSINESS

Golf Course Reports

Mrs. Belinski, referring to the report presented at the January 22, 2008 City Council Meeting by Meg Holland, City Controller, under item 10, Municipal Golf Course, noted Ms. Holland had explained that the Golf Course did not make a profit and that the Controller’s Office will review the Golf Course to make it more efficient. Mrs. Belinski, advising that she had checked into the matter previously, pointed out that the City’s Golf Course was voted the best golf course in the Lehigh Valley and the operation depends on the weather. Highlighting the fact that the Golf Course ended 2007 with a net profit of $60,000, Mrs. Belinski noted the reason for the loss reflected in the Controller’s report was because the Controller took into consideration depreciation, amortization, and so on. In addition, Mrs. Belinski emphasized that the City’s General Fund Charge to the Golf Course was $200,000 but only $100,000 was paid because of lower revenues.

7. COMMUNICATIONS

A. City Solicitor – Use Permit Agreement for Public Property – American Association of University Woman – Book Fair – Memorial Pool

The Clerk read a memorandum dated January 30, 2008 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Use Permit Agreement for Public Property between the American Association of University Women, Bethlehem Branch, and the City for use of the Memorial Pool Building for the 2008 Book Fair for the time period March 17, 2008 to April 28, 2008 according to the terms of the Agreement.

President Donchez stated that the appropriate Resolution can be placed on the February
19 Council Agenda.

B. City Solicitor – License Agreement – Veranda Real Estate, L.P. – 1517-1531 Easton Avenue

The Clerk read a memorandum dated January 31, 2008 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed License Agreement between Veranda Real Estate, L.P. and the City for the purpose of licensing to Veranda Real Estate, L.P. that portion of the Easton Avenue right-of-way into which a parking area will encroach, according to the terms and conditions of the Agreement.

President Donchez stated that the appropriate Resolution can be placed on the February
19 Council Agenda.

8 . REPORTS

A. President of Council

Five Points Traffic Plan and One Way Pair Proposal - Committee of the Whole Meeting

President Donchez reminded the assembly that City Council will hold a Committee of the Whole meeting on Tuesday, February 12, 2008 at 7:00 PM in Town Hall on the Five Points Traffic Plan and One Way Pair Proposal. Noting that over 350 letters were sent to notify people about the meeting, President Donchez commended the Community and Economic Development Department and all who were involved in the notification process. President Donchez asked if the street map could be condensed and approximately 120 copies made so that meeting attendees can visualize the area in question.

B. Mayor

None.

C. Parks and Public Property Committee

Mrs. Belinski, Chairwoman of the Parks and Public Property Committee, gave an oral report of the meeting that was held this evening, Tuesday, February 5, 2008 at 6:30 PM in Town Hall on the following subject: New Festival Request – Habitat for Humanity – Sand Island.

9. ORDINANCES FOR FINAL PASSAGE

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

The Clerk read Bill No. 1 – 2008 – Re-Adopting 2008 Sewer Fund Budget, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 1 – 2008, hereafter to be known as Ordinance 4470, was declared adopted.

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

The Clerk read Bill No. 2 – 2008 – Amending Article 1703 – Electrical License – Continuing Education, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 2 – 2008, hereafter to be known as Ordinance 4471, was declared adopted.

10. NEW ORDINANCES

A. Bill No. 3 – 2008 – Zoning Map Amendment – LVIP VII – Area 1B and 2B – HI to IR

The Clerk read Bill No. 3 – 2008 – Zoning Map Amendment – LVIP VII – Area 1B and 2B – HI to IR, sponsored by Mr. Reynolds and Ms. Dolan, and titled:

AN ORDINANCE AMENDING PART 13 OF THE CODIFIED ORDINANCES OF THE CITY OF BETHLEHEM, PENNSYLVANIA,
AS AMENDED, KNOWN AS THE ZONING ORDINANCE OF THE
CITY OF BETHLEHEM, PENNSYLVANIA, BY AMENDING THE
CITY ZONING MAP.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 3 – 2008 was declared passed on First Reading.

11. RESOLUTIONS

A. Approving Polling Place Agreement – DAR House – Lehigh County

Mr. Reynolds and Mr. Schweder sponsored Resolution 15,254 that authorized the execution of a Polling Place Agreement between the City and County of Lehigh for the purpose of allowing the County of Lehigh to use the D.A.R. House as a polling place for the years 2008, 2009, 2010, 2011, and 2012, according to the terms of the Agreement.

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

B. Requesting Reimbursement – Training of Police Officers

Mr. Reynolds and Ms. Dolan sponsored Resolution 15,255 that authorized the City to obtain reimbursement of monies for expenses incurred for Officers John Nye and Justin Madera pursuant to the training provisions of the Municipal Police Officers’ Education and Training Act, and agreeing that while receiving funds from the Commonwealth pursuant to the Act, the City shall adhere to the rules established by the Commission.

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

C. Approving Use Permit Agreement – Musikfest 2008-2009-2010 – City Streets

Mr. Reynolds and Mrs. Belinski sponsored Resolution 15,256 that authorized the execution of a Use Permit Agreement between ArtsQuest and the City of Bethlehem for use of certain City streets for Musikfest 2008, 2009 and 2010 for the periods in August 2008, 2009 and 2010, according to the terms of the Agreement.

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

D. Approving Use Permit Agreement – Musikfest 2008-2009-2010 – City Property

Mr. Reynolds and Mrs. Belinski sponsored Resolution 15,257 that authorized the execution of a Use Permit Agreement between ArtsQuest and the City of Bethlehem for use of City property for Musikfest 2008, 2009 and 2010 for the periods in August 2008, 2009 and 2010, according to the terms of the Agreement.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The Resolution passed.

E. Certificate of Appropriateness – 217-231 East Third Street

Mr. Reynolds and Mrs. Belinski sponsored Resolution 11 E to grant a Certificate of
Appropriateness to modify the west façade of the new building planned for 217-231 E. Third St.

Mr. Schweder noted that, as referenced in Case 263 of the Certificate of Appropriateness, he
would assume the review and approval in 2006 was for the building as it was proposed at that time,
and asked if that was correct.

John Lezoche, Zoning Officer, affirmed that the Certificate of Appropriateness is for the
current revision, and the original Certificate of Appropriateness was for construction of the building.

Mr. Schweder, observing that all the Certificates of Appropriateness that Council approves are valid for one year from the date of approval, read from paragraph 7 of Case 263 that: “The proposed work was approved by a unanimous vote. This Certificate of Appropriateness is valid for 1 year from the date of approval.” Mr. Schweder added that appears on every Certificate of Appropriateness Resolution on which Council votes. Mr. Schweder suggested that the Historic Conservation Commission needs to come back with a new Certificate of Appropriateness for the whole project.

Mrs. Belinski exemplified that in trying to sell her mother’s home she was told she had to obtain another Certificate of Occupancy and pay another $100 since they are only good for one year.

Mr. Lezoche communicated he did not think there was a time limit for Certificates of Appropriateness for either the north side or south side historic districts.

Mr. Schweder pointed out that the same sentence he read earlier appears in the Certificate
Appropriateness under Resolution 11 F: “The proposed work was approved by a unanimous vote. This Certificate of Appropriateness is valid for 1 year from the date of approval.” Mr. Schweder expressed the belief that if there is not a Certificate of Appropriateness for the building as it was approved because it expired then the process has to start over again.

President Donchez asked the City Council Solicitor for his comments.

Christopher Spadoni, City Council Solicitor, suggested that the Resolution be tabled, the Ordinance be reviewed, and to report back at the next City Council Meeting.

Tabling Resolution 11E

Mr. Schweder moved to Table Resolution 11 E. Mrs. Belinski seconded the motion. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The Resolution was Tabled.

F. Certificate of Appropriateness – 748 East Fourth Street

Mr. Reynolds and Mr. Schweder sponsored Resolution 15,258 that granted a Certificate of Appropriateness to install signage at 748 East Fourth Street.

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

12. NEW BUSINESS

Information For City Council

Mr. Schweder expressed his concern that over the past year there has been a general disregard for information to the Members of Council, and for the Ordinances of the City, and the Third Class City Code. While communicating it is understandable for an occasional incident when it happens, Mr. Schweder thought Council is not being given the information needed to make intelligent decisions on issues. Mr. Schweder added he has had this concern for some time and wanted to raise the point this evening.
Parking Authority - Finances

Mrs. Belinski said, as liaison to the Parking Authority, she felt the review of the Parking Authority’s finances that occurred at the Authority’s last meeting should be brought to Council’s attention. Noting the Parking Authority sustained a net loss of $545,734, Mrs. Belinski stated the loss would have been $145,734 but the transfer to the City was $400,000 so the total loss was $545,734. Mrs. Belinski related that she asked the Executive Director of the Parking Authority how the bills could be paid, and fortunately there was enough money in reserves but there is nothing left now. In addition, Mrs. Belinski pointed out that the Parking Authority paid to the City $105,000 for two Police Officers to patrol the North Side and the South Side. Mrs. Belinski continued on to advise that the Parking Authority paid $100,000 as a contribution to the Pension Fund. Mrs. Belinski stated the Parking Authority gave a total of $600,000 to the City. While affirming there has been an increase in fines, Mrs. Belinski highlighted the fact that started in January so it is not yet known what will be gained through the fine increases. Mrs. Belinski informed the Members that as of February 1 all the spaces at the Walnut Street Garage have been rented. The surface lot east of the new building at One East Broad Street has many spaces filled. Mrs. Belinski remarked she cannot see that many people will walk up the hill from the North Street Garage to go to the newly proposed Irish restaurant at the former Farr’s building, and questioned where people will park. Mrs. Belinski, emphasizing that a garage is needed at East Broad Street on the surface lot, further questioned where people will park who will live in the residences on the upper floor of the former Farr’s building since there is no parking. Mrs. Belinski said she wanted to let Council know how serious the Parking Authority’s financial condition is.

Dennis Reichard, Business Administrator, advised he just received the statements from the Parking Authority for 2007 and the cumulative cash flow at the end of the year was approximately $640,015 that included the $400,000 transfer to the City and $425,000 of debt service payments, and so on. Mrs. Belinski stated she will give to Mr. Reichard tomorrow a copy of what she received.

President Donchez noted there is a study being conducted by various entities about parking on the lower end of Main Street.

Mr. Schweder commented that in conversations with the Executive Director and individuals on the Parking Authority it was made clear there is no money to build a garage at the bottom of Main Street.

13. COURTESY OF THE FLOOR

Five Points Traffic Plan – One Way Pairs Proposal

Chuck Nyul, 1966 Pinehurst Road, expressing his opinion that at last evening’s meeting at the Cathedral Church of the Nativity on the Five Points Traffic Plan and One Way Pairs Proposal there was a focus on the feelings of the people in the locale, said the problem is that there is a need to move traffic. Mr. Nyul, informing the assembly that when he travels to and from Philadelphia he uses the Hill to Hill Bridge and Wyandotte Street, noted usually about 9:00 a.m. one day of the week there is a tractor trailer in the left hand lane northbound turning into McDonald’s restaurant to make deliveries. Mr. Nyul questioned where will the tractor trailer go under the proposal for the one way pairs in the vicinity of Five Points. Mr. Nyul further informed the assembly there is usually a garbage truck picking up garbage in the morning on the street and also questioned what will the garbage truck do as a result of the proposal. In addition, Mr. Nyul wondered what will happen in the case of oil delivery trucks if the streets are made one way.

Eddie Rodriquez, 1845 Linden Street, notified the Members that he spoke with Jason Davis of LANTA Metro who in turn spoke with a Member of Council. Mr. Rodriquez, explaining that a bus turning left has to move into the right lane to load and unload passengers, said under the one way proposal the bus would have to move back into the left lane to proceed and it will create about 108 trips and the loss to LANTA would be $146,000-$148,000 annually. He added that LANTA would also have to revise its routes. Mr. Rodriquez advised that he spoke to the Fire Commissioner about the fire trucks that would have to travel on the one way streets, and highlighted the fact that ambulances have to get to the hospital. Mr. Rodriquez asked how the school buses will load and unload under the proposal, particularly in the Ontario Street and Broadway areas. Mr. Rodriquez questioned the impact of the one way streets on Ahart food market, Wendy’s, the Olive Branch, and Pete’s hot dog restaurants. Mr. Rodriquez felt that regular customers may shop and go somewhere else for service since there will be no easy access to the various businesses. Mr. Rodriquez, expressing his opinion there was a total disrespect for attendees at last evening’s meeting at the Cathedral Church of the Nativity in that they were not given time to speak and were not notified until the last minute or educated about the proposal, asserted it was totally unfair to the residents and business owners.

President Donchez informed Mr. Rodriquez that when the Committee of the Whole meeting is held next Tuesday everyone will have the opportunity to address City Council for five minutes.

Mrs. Belinski advised Mr. Rodriquez that 370 people were notified of the Committee of the Whole meeting to be held next Tuesday.

William Scheirer, 1890 Eaton Avenue thanked President Donchez for his request that information be made available to the public for the Committee of the Whole meeting to be held next Tuesday.

Parking Garage – East Broad Street

Mr. Scheirer, 1890 Eaton Avenue, said the unit block of East Broad Street has a lot of potential and if a parking garage is built there he hopes the design will be more respectful of the neighborhood than the design of the North Street Garage.

Local Campaign Financing Proposal

Dana Grubb, 2420 Henderson Place, referring to a proposal to be made by Mr. Schweder, said it is time to put manners on local campaign financing and hoped Members of Council will agree. Asserting that the amount of money that must be raised to run for City office has become ridiculous, Mr. Grubb remarked that contributing a lot and getting a lot back has become the mantra while the average resident waits for leaves to be collected, streets to be swept, snow to be plowed, and recreation space to be maintained.

Code of Ethics - Resolution 11,471

Mr. Grubb urged City Council to review Resolution 11,471 passed June 18, 1991 that is the Code of Ethics, and asserted it does not have any teeth. He felt that penalties should be imposed so that all government officials and employees understand they will be held accountable for their actions. Stressing that using City positions for free lunches and memberships is completely inappropriate and violates the intent of the Resolution, Mr. Grubb remarked that in today’s environment of deceitful and dishonest government this kind of legislation with accountability built into it is needed.

Organized Youth Sports

Keith Ashner, 5492 Mountain Drive, Coopersburg, said he is affiliated with Lehigh Little League and is addressing the Members tonight on behalf of organized youth sports and the benefits to the City. Mr. Ashner communicated that organized sports embody discipline and teamwork, and help youth become good citizens. He continued on to say the nature of the games teach youth that whether they win or lose there will be another chance for success. Mr. Ashner thanked the volunteers and the parents who dedicate themselves to the continued success of the organizations. Mr. Ashner recognized and thanked Mayor Callahan, City Council, Jean Belinski as Chairwoman of the Parks and Public Property Committee, Ralph Carp, Director of the Parks and Public Property Department, Jane Persa, Recreation Director, and Jody Reppert, Business Manager of the Parks and Public Property Department whose support of these programs allow over 3,000 youth the continued opportunity to participate and compete. Stating this is a community that understands community pride and civic responsibility, Mr. Ashner thanked everyone for their continued support.

The meeting was adjourned at 8:16 p.m.