Council MInutes
April 15, 2008
BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, April 15, 2008 – 7:00 PM
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
President Donchez called the meeting to order. Reverend Sandra
Birchmeier from St. Mark's Lutheran 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, and Robert J. Donchez, 6.
J. Michael Schweder was absent, 1.
4. APPROVAL OF MINUTES
The Minutes of April 1, 2008 were approved.
5. COURTESY OF THE FLOOR (for public comment on ordinances
and resolutions to be voted on by Council this evening)
Maple Tract – Proposed Sale by Bethlehem Authority
Bud Cook, Northeastern Pennsylvania Director for The Nature
Conservancy, a national non-profit conservation organization,
notified the Members that the organization is collaborating
with The Wildlands Conservancy based in Emmaus on the proposed
purchase of the Maple Tract property owned by the Bethlehem
Authority. Mr. Cook distributed to the Members background
information on a list of recent land conservation projects
undertaken by water providers across the country with The
Nature Conservancy and other organizations, and the Keystone
Act concerning perpetual deed restrictions for land acquired
with funds from the Pennsylvania Department of Conservation
and Natural Resources (DCNR). Mr. Cook stated that if the
Maple Tract is sold The Wildlands Conservancy will apply for
DCNR funds.
Northeast Little League – Request for Field Lights
Michael Perruso, 2245 Kemmerer Street, board member of Northeast
Little League, stated he is at the meeting to speak on behalf
of the League and J. D. Devine, President, who was unable
to be in attendance. Mr. Perruso read the letter from Mr.
Devine in which he thanked the Members of Council for their
consideration of the field lights project at Northeast Little
League. Members of the League and the youth sports association
are present at this evening’s meeting to ask for Council’s
support for the League’s request to install lights at
Northeast Little League’s field. The League did everything
it could to make the lights project as self-sufficient as
possible, secured the necessary funding, equipment, and electrical
work. The League polled the neighbors who gave unanimous support
except for one person who wanted to know more about the curfew
policy that has not yet been officially voted on. However,
the Little League rule book does not allow an inning to start
after 10:00 pm. The League had an ecological study conducted
of the lights as requested by the City, and the lights are
the most ecologically friendly lights available. The League
is asking the Members of Council to vote yes on the request
to install lights at Northeast Little League’s field.
The reason the lights are being requested is to safely finish
early season weekday games for age groups primarily 12 years
and under.
Bill Scheirer, 1890 Eaton Avenue, noted he was asked by
Mary Jane Karabin whose son plays at Northeast Little League
to inform the Members that she supports the request for lights.
John Ladics, Kaywin Avenue, pointed out the Northeast League
representatives made sure they contacted the residents about
the proposal for field lights. He expressed the hope that
Council approves the request of Northeast Little League. In
contrast, Mr. Ladics highlighted the fact that the Northwest
Little League field is located very close to the neighbors
houses on Kaywin Avenue and they signed a petition opposing
the installation of field lights. Mr. Ladics hoped that the
Members of Council understand the plight of the Kaywin Avenue
neighbors if lights are requested at Northwest Little League’s
fields. Stressing the neighbors are not against Little Leagues
or playing of games, Mr. Ladics pointed out there are adults
who play on Northwest Little League’s fields. Mr. Ladics
added that 65%-70% of the youth who play at Northwest Little
League are not City of Bethlehem residents.
Eddie Rodriquez, 1845 Linden Street, indicating his support
for the request of Northeast Little League for lights, observed
this opportunity should be given to the youth for organized
play so as to avoid the creation of problems elsewhere.
6. OLD BUSINESS
Pumping Station – Lehigh River Bank
Mrs. Belinski asked the status of the pumping station at
the Lehigh River bank and attendance at the Pennsylvania Department
of Environmental Protection (PADEP) flood control seminar.
Michael Alkhal, Director of Public Works, advised that Matt
Dorner of the Department is currently at the PADEP seminar.
Mrs. Belinski asked for a report on how the City will obtain
money to reactivate the pumping station.
A. Tabled Items
1. Authorizing Records Destruction – Controller's Office
2. Authorizing Records Destruction – Bureau of Purchasing
3. Authorizing Records Destruction – Department of Water
and Sewer Resources
President Donchez affirmed that Dennis Reichard, Business
Administrator, forwarded a memorandum advising that the Administration
will be reviewing the City records that are being stored and
backed up, the State law on records retention and destruction,
and the cost to scan documents that need to be saved.
B. Unfinished Business
1. Use Permit Agreement – Youth Athletic Organizations
2. Establishing Article 314 – Security Cameras
7. COMMUNICATIONS
A. City Solicitor – Use Permit Agreement – Boutique
at the Rink
The Clerk read a memorandum dated April 7, 2008 from John
F. Spirk, Jr., Esq., City Solicitor, to which was attached
the revised Resolution and revised Use Permit Agreement between
St. Luke's Hospital and Health Network and the City for the
2008 Boutique at the Rink. On March 11, 2008 a proposed Use
Permit Agreement between the Wellness Community of the Greater
Lehigh Valley and Resolution were forwarded to Council, and
since that time it was determined that the Agreement should
be between St. Luke's Hospital and Health Network and the
City.
President Donchez stated that Resolution 11 A is listed
on the Agenda.
B. Fire Assistant Chief – Updated Emergency Operation
Plan
The Clerk read a memorandum from Michael Sankovsky, Fire
Assistant Chief, advising that after the City’s Emergency
Operation Plan was adopted by Council on June 17, 2003, changes
were made in Emergency Management on a nation level. The major
change was the development of the National Incident Management
System, or NIMS, that is a plan for managing domestic incidents.
The memo explained NIMS and how it affects the City. The NIMS
update of the City’s Emergency Operation Plan has been
completed and formal adoption by City Council is requested.
President Donchez noted that the matter will be reviewed
in Public Safety Committee, as was indicated by Chairman Mowrer.
C. Parks and Public Property Director – Clearview Park
and Sand Island West
The Clerk read a memorandum dated April 7, 2008 from Ralph
E. Carp, Director of Parks and Public Property, requesting
authorization to demolish the cement block building at Clearview
Park and to provide an update of the scheduled projects at
Sand Island West.
President Donchez referred the matter to the Parks and Public
Property Committee.
D. Bethlehem Authority Executive Director – Maple Tract
Sale to Wildlands Conservancy
The Clerk read a memorandum dated April 9, 2008 from Stephen
Repasch, Executive Director of the Bethlehem Authority, advising
that at their meeting of February 14, 2008, the Bethlehem
Authority Board unanimously approved the sale of the Maple
Tract to the Wildlands Conservancy, contingent upon the completion
of a Phase I Environmental Study which is now complete. The
Bethlehem Authority is seeking City Council's approval for
this sale.
President Donchez referred the matter to the Public Works
Committee.
Pumping Station – Lehigh River Bank
Chairwoman Dolan added that a Public Works Committee meeting
can also be scheduled for an update on the Pumping Station.
E. Planning and Zoning Director – DCNR Grant Application
– Greenway and Skate Park Implementation Phase II
The Clerk read a memorandum dated April 10, 2008 from Darlene
Heller, Director of Planning and Zoning, to which was attached
a proposed Resolution to accept DCNR grant funds for the development
of the South Bethlehem Greenway and Skate Plaza.
President Donchez stated that the Resolution will be listed
on the May 6 Agenda.
8 . REPORTS
A. President of Council
Committee of the Whole Meeting Announcements
President Donchez announced the following Committee of the
Whole meetings: The Committee of the Whole Meeting for an
update on ArtsQuest and Musikfest has been rescheduled on
Tuesday, July 15 at 6:00 PM in Town Hall; Wednesday, May 7,
2008 – 7:00 PM – Town Hall - Subject: Political
Campaigns Contributions Proposal; and Tuesday, May 15, 2008
– 7:00 PM – Town Hall - Subject: Host Fee Ordinance
Proposal.
Moravian College Dormitory Project – Hurd Campus –
Root Cellars
President Donchez advised he was asked to read a letter from
Charlene Donches-Mowrers, Executive Director of the Historic
Bethlehem Partnership, in which it was stated the Historic
Bethlehem Partnership feels it is unfortunate that the root
cellars had to be removed at the land where the Moravian College
dormitory project is being built in the vicinity of Lehigh
Street. However, they are very appreciative that Moravian
College and the Bethlehem Area Moravians brought in the excellent
professionals, John Milner Associates, who in the past had
conducted the archeological digs in the City’s Colonial
Industrial Quarter, and the Pennsylvania Historic and Museum
Commission to photograph and document the root cellars and
save the historic materials. Historic Bethlehem Partnership
would be pleased to keep copies of their findings for future
reference and research, and have offered to assist Moravian
College with an archeological exhibit based on these findings.
B. Mayor
1. Administrative Order – Dennis R. Cunerd –
Redevelopment Authority
Mayor Callahan reappointed Dennis R. Cunerd to membership
on the Redevelopment Authority effective until March 2013.
Mr. Mowrer and Ms. Dolan sponsored Resolution 2008-53 to confirm
the appointment.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
C. Public Safety Committee
Chairman Mowrer presented an oral report of the Public Safety
Committee Meeting held on April 8, 2008 on the following subjects:
(1) EMS Bureau – Update: (A) Staffing levels/vacancies,
(B) Calls - Bethlehem EMS (numbers comparing last three years),
(C) Calls - Outside EMS agencies, (D) Building plans/renovations,
(E) New programs/initiatives that will be implemented; (2)
Fire Department – Update: (A) Staffing levels/vacancies,
(B) Inspections (backlog status), (C) New programs/initiatives
that will be implemented; (3) Police Department: (A) Amending
Police Civil Service Rules and Regulations - Appointment and
Examination - Promotion Procedures, (B) Establishing Article
314 - Security Cameras, (C) Adopting Enhanced 911 Plan –
2008 through 2010; and (D) Police Department - Updates: (1)
CODY – Update on Implementation and System Operation,
(2) Radios for Police Officers, (3) Staffing levels/vacancies.
9. ORDINANCES FOR FINAL PASSAGE
A. Bill No. 10 – 2008 – Amending Non-Utility
Capital Budget – Emergency Web-Based Broadcasting System
The Clerk read Bill No. 10 – 2008 – Amending
Non-Utility Capital Budget – Emergency Web-Based Broadcasting
System, on Final Reading.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. Bill No. 10 – 2008,
hereafter to be known as Ordinance 2008-11, was declared adopted.
B. Bill No. 11 – 2008 – Amending Community Development
Budget – Revisions and Year-End Adjustments to CDBG
and HOME Programs
The Clerk read Bill No. 11 – 2008 – Amending
Community Development Budget – Revisions and Year-End
Adjustments to CDBG and HOME Programs, on Final Reading.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. Bill No. 11 – 2008,
hereafter to be known as Ordinance 2008-12, was declared adopted.
10. NEW ORDINANCES
None.
11. RESOLUTIONS
A. Authorizing Execution of Use Permit Agreement –
Boutique at the Rink – St. Luke's Hospital
Mr. Mowrer and Ms. Dolan sponsored Resolution 2008-54 that
authorized the execution of a Use Permit Agreement between
the City and St. Luke's Hospital and Health Network for use
of the Municipal Ice Rink for the 2008 Boutique at the Rink
for the time period April 28, 2008 to June 3, 2008, according
to the terms of the Agreement.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
B. Amending Police Civil Service Rules and Regulations –
Promotion Procedures
Mr. Mowrer and Ms. Dolan sponsored Resolution 2008-55 that
amended the Police Civil Service Rules and Regulations on
Page 32 – Appointment and Examination – Promotion
Procedures.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
C. Adopting Enhanced 911 Plan – 2008 through 2010
Mr. Mowrer and Ms. Dolan sponsored Resolution 2008-56 that
approved the 911 Telephone Access Plan and Contribution Rate
for the residents of the City of Bethlehem in conformance
with the Guidelines for Administration of the Public Safety
Emergency Telephone Act. The monthly rate of $1.25 shall remain
in effect from January 2008 through and including January
2010.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
D. Certificate of Appropriateness – 108 and 110 Wesley
Street
Mr. Mowrer and Ms. Dolan sponsored Resolution 2008-57 that
granted a Certificate of Appropriateness to paint the exterior
of 108 and 110 Wesley Street.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
E. Certificate of Appropriateness – 229 East Wall Street
Mr. Mowrer and Ms. Dolan sponsored Resolution 2008-58 that
granted a Certificate of Appropriateness to alter the exterior
of 229 East Wall Street.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
F. Approving Installation of Lights – Northeast Little
League – Sell Field
(Tabled at November 20, 2007 Council Meeting)
Mrs. Belinski and Ms. Dolan moved to take from the Table
Resolution 11 F that was Tabled at the City Council Meeting
on November 20, 2007. Voting AYE: Mrs. Belinski, Ms. Dolan,
Mr. Leeson, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6.
The motion passed.
Mrs. Belinski apologized to Northeast Little League that
it took so long for the Resolution to be voted on.
Mr. Leeson and Mrs. Belinski sponsored Resolution 2008-59
that authorized the execution of Amendment No. 1 to Use Permit
Agreement between the City and Northeast Little League for
placement of permanent field lights, according to the terms
of the Agreement.
Ms. Dolan thanked the Environmental Advisory Council for
studying and recommending the type of lights to be installed
at the Northeast Little League field so that they would be
environmentally safe. She noted that future Use Permit Agreements
will address use of sustainable energy and efficient lights,
and provisions for recycling.
Ms. Dolan, turning to the issue of setting a precedent by
which approval of the request for lights at Sell Field for
Northeast Little League would mean that lights would automatically
have to be approved for other Little League fields, read from
a memorandum received from John F. Spirk, Jr., Esq., City
Solicitor. Attorney Spirk advised that City Council can address
requests for field lights on a case by case basis, and Council
can consider factors unique to each athletic field. Ms. Dolan
highlighted the fact that Northeast Little League representatives
did their homework, obtained the support of the neighbors,
and added that as Chairwoman Belinski pointed out the area
already has lights. Ms. Dolan stated she will be voting in
favor of the Resolution.
Mrs. Belinski advised that Northeast Little League was planning
on installing energy efficient lights all along.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
12. NEW BUSINESS
Election of Vice President of Council
Mr. Mowrer moved to submit the name of Joseph Leeson as
the Vice President of Council, in accordance with the revised
Rules of Council that were adopted at the April 1, 2008 City
Council Meeting. Mrs. Belinski seconded the motion.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The motion passed.
Vice President of Council – Joseph F. Leeson, Jr.,
Esq.
Mr. Leeson thanked the Members of Council for their vote
of confidence and the honor they bestowed on him tonight.
He stated it is a pleasure to work with all of them, and remarked
that the Members of Council are top notch and people of integrity.
Committee Meeting Announcement
Chairman Leeson announced a Finance Committee meeting on
Wednesday, April 23 at 4:30 PM on various transfers and budget
adjustments.
13. COURTESY OF THE FLOOR
Recycling Recommendations
Peter Crownfield, 569 Brighton Street, presented recommendations
regarding recycling compiled with the assistance of a Lehigh
University student that were brought about by observations
of overflowing trash receptacles in downtown Bethlehem, as
follows: 1. Amend the recycling ordinance to require all business,
municipal, and institutional establishments (including food-service
establishments) to recycle #1 (PET/PETE) and #2 (HDPE) plastics
and, optionally, other plastics; 2. Amend the recycling ordinance
and permitting requirements to require all food-service establishments
with outside seating to provide for and ensure compliance
with recycling at the outside seating area; 3. Provide or
require on-street recycling containers and pickup in the downtown
areas, especially along Main Street, Broad Street, Third Street,
and Fourth Street. This could be done as a City service or
as a requirement that individual establishments take care
of the recycling outside their business; 4. Amend the recycling
ordinance (or enact a new ordinance) to require all business,
municipal, and institutional establishments to use environmentally-preferable
purchasing and to reduce solid waste whenever practical, using
practices and guidelines such as those required of all PA
agencies and departments under the Management Directive issued
by the Governor's office on September 20, 2007. Guidelines
for food-service establishments should include requiring the
use of reusable service ware when practical, recycling if
single-use products are used, and actively encouraging customers
to recycle, including containers that they take off the premises;
5. Amend the recycling ordinance (or enact a new ordinance)
to require all special events and festivals to follow the
same recycling, waste-reduction, and environmentally-preferable
purchasing requirements as food-service establishments. It
should be made clear that the sponsoring entity or permittee
is responsible for seeing that all participating vendors and
concessions comply with these requirements. These requirements
should also be specified in any lease for the use of City
facilities; 6. Provide or arrange for information or training
on best practices for recycling, environmentally-preferable
purchasing, and waste reduction for businesses and other establishments
in Bethlehem, especially those that serve food. Ideally, this
would include information on local availability of such products;
7. Explore ways to make composting of food waste feasible
for food-service establishments, including the possibility
of providing or arranging for such services; 8. Consider changing
the handling of plastics at the Theis-Cornfeld Recycling Center
to recycle #1 & #2 plastics separately rather than commingling
them with the #3-#7 plastics; 9. Provide resources to enforce
existing and revised ordinances. Perhaps at least a simple
check of recycling and waste minimization could be added to
Health inspections for food-service establishments. These
recommendations were prepared by Peter Crownfield, based on
observations and recommendations made in the report by Kanchan
Maskey, titled, Recycling in Downtown Bethlehem-January 23,
2008.
Mr. Crownfield gave to the Members of Council a booklet
with organizations that promote sustainable communities.
Ms. Dolan asked when is it appropriate for Council to recommend
that something be reviewed by the EAC.
President Donchez responded that a memorandum could be sent
to the Administration and City Council and he would refer
it to the EAC.
City Council Members – Neighborhood Visits
Don Doland, Kaywin Avenue, commented that neighborhood residents
seldom get to see City Council Members, and he felt that people
running for Council should go around the neighborhoods and
introduce themselves.
Various Issues
Eddie Rodriquez, 1845 Linden Street, thanked Jim Smith of
the Streets Department, Ralph Carp, Parks and Public Property
Director, and City employees for their work. Mr. Rodriquez
thought the dispatchers have been doing a better job. Mr.
Rodriquez expressed that video cameras are needed in high
risk areas where there is more crime and burglaries. He noted
that more vehicles are being stolen, and gang activity is
getting worse. Mr. Rodriquez said more surveillance is needed
in the Five Points area and the parks. Mr. Rodriquez did not
recommend a skate park. He encouraged athletic organizations
and stressed that youth must be given something to do. Mr.
Rodriquez, noting there is a sponsorship for Yosko Park, expressed
that there should be caution when choosing sponsors.
Street Signs; Staffing; and Budget
Robert Pfenning, 2830 Linden Street, observed that the signs
at Barnsdale and Macada Roads are no longer there. Mr. Pfenning
commended the raising of staffing issues that was discussed
at the Public Safety Committee meeting on April 8, 2008 in
view of the casino project. Mr. Pfenning thought if one would
say the City would have the exact amount of spending in 2009
as in 2008 for personnel and capital projects, excluding inflation
and additional staffing, and taxes are not raised then unless
either expenses are reduced or other revenues are found there
will be a problem because in 2008 there was $4 million of
non-recurring revenue in the General Fund Budget. Observing
that, if the casino opens on schedule in 2009, then the City
will receive a host fee and have over $4 million, Mr. Pfenning
said the downside is that about 70% of the host fee will not
be received until 2010. Mr. Pfenning asserted that a $4 million
hole is created in perpetuity if the City does not want to
raise taxes. Recalling that at a past City Council Meeting
a young person addressed the Members of Council concerning
the need for teenage recreation, Mr. Pfenning questioned what
has the City done about the request.
Randall Miller, Police Commissioner, replied two Officers
contacted the person to inform him about the City’s
recreational facilities in addition to other facilities such
as the Boys Club, etc.
Rules of Council and Copies
Bill Scheirer, 1890 Eaton Avenue, expressed that he was glad
to see copies of the adopted amendments to the Rules of Council
available for the public. Mr. Scheirer said his recommendation
is to have copies of each Communication, Ordinance and Resolution
made available outside Council Chambers before the Meeting.
Mr. Scheirer stated he will bring up the matter of amendments
to the Rules of Council at the next Bethlehem Citizens Association
meeting.
Candidates; Ethics Board; Public Comments; Staff Position
Dana Grubb, 2420 Henderson Place, advised that as a candidate
last year he did walk in the Kaywin Avenue neighborhood and
knocked on doors. Mr. Grubb was pleased to see included in
the adopted amendments to the Rules of Council new Rule 13
specifying that Members of Council shall follow the Code of
Ethics Resolution. Mr. Grubb explained that the City of Easton’s
Charter mandates an Ethics Board, and strongly suggested that
City Council consider doing something similar. Mr. Grubb communicated
it was disconcerting to hear at the Public Safety Committee
meeting on April 8, 2008 the president of the F.O.P. prefacing
his remarks by saying he had to be careful that what he would
say would not get him fired. Mr. Grubb said no American should
have to be concerned about retribution for any comments that
they make. Mr. Grubb pointed out that in the April 2, 2008
edition of the Bethlehem Press there were photographs of the
recent South Side Cleanup, one of which was of the assistant
to the Mayor. Mr. Grubb asked if Council approved the position,
if the position is on the City payroll, how is it being paid
for and where is it in the Budget.
Dennis Reichard, Business Administrator, replied the position
is not on the City payroll.
Monocacy Creek - Cleanup
Chuck Nyul, 1966 Pinehurst Road, noted this past weekend
a group of students from the Liberty High School key club
cleaned up around the Monocacy Creek, and his grandson who
was a member of the group told him that some of the debris
was left from Musikfest last year.
Citizen Involvement
Stephen Antalics, 737 Ridge Street, pointed out that Dana
Grubb, Bill Scheirer, Robert Pfenning, Chuck Nyul, and Eddie
Rodriquez are all very concerned, involved, and intellectual
citizens who reflect a profound interest in and love for the
community, and thought that Council should pay close attention
to what they say.
The meeting was adjourned at 8:00 p.m.
|
