Council MInutes

May 6, 2008

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, May 6, 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, J. Michael Schweder, and Robert J. Donchez, 7.

Citation – Honoring John Tegyi

President Donchez noted that the Citation for John Tegyi who retired from the Parks and Public Property Department after 46 years of service to the City will be forwarded to him since he was unable to attend the meeting.

4. APPROVAL OF MINUTES

The Minutes of April 15, 2008 were approved.

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

Reappointment to Board of Health - Sandra Figueroa

Dana Grubb, 2420 Henderson Place, highlighted the fact that Sandra Figueroa, whose reappointment to the Board of Health is listed on the Agenda, is a lovely person and devoted educator but for whatever reasons has not been able to commit to the time necessary to regularly attend the meetings. Mr. Grubb expressed his opinion that reappointments of anyone who cannot commit and devote their time is a disservice to the individual, the Board or Commission on which they will sit, other Boards and Commissions, and the community. Mr. Grubb felt it is Council’s responsibility to see to it that the appointees they approve are able to make the commitments to serve the community.

Greenway and Skate Park – South Side

Robert Pfenning, 2830 Linden Street, questioned whether it is an issue that the City does not own the property on which the Greenway and skate park will be located in view of the grant that is requested under Resolution 11 A.

Tony Hanna, Director of Community and Economic Development, responded that the application addresses applying for a grant, and the Resolution is to apply for additional money that the DCNR will make available to the City. Mr. Hanna added that the closing on the Greenway will occur in the next several weeks, and the City will not utilize the dollars until after it takes title to the property.

Eddie Rodriquez, 1845 Linden Street, expressed he does not agree with the Skate Park planned for the Greenway that would be under the bridge near the Lynnfield area. He observed there is destruction of private property in the New Street area and throughout the City, and added there are youth in the Flatiron area. Mr. Rodriquez questioned whether the City will put up money for any damages.

Peter Crownfield, 569 Brighton Street, did not think installing a Skate Park will create new problems, and commented it may alleviate some. Communicating it may not necessarily reform some youth who are troublemakers, Mr. Crownfield highlighted the fact that many who skateboard are not troublemakers and stated it is perfectly appropriate to create a Skate Park.

Stephen Antalics, 737 Ridge Street, said the Greenway was a result of the Sasaki Plan. Continuing on to say when the Sasaki Plan was presented the casino project was not on the BethWorks proposal, Mr. Antalics stressed that approval of the casino dramatically changes the traffic flow from the eastern part of the City. Mr. Antalics queried what can be more green than an electrified train on the path that existed. He pointed out that it could transport people to the casino, and on to the Second Street ramp, and stressed that it would alleviate tremendous traffic problems. He commented that while some Members may have problems with the Greenway unofficially, the project is too far along to do anything about it.

6. OLD BUSINESS

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

B. Unfinished Business

1. Use Permit Agreement – Youth Athletic Organizations
2. Establishing Article 314 – Security Cameras
3. Amending Non-Utility Capital Budget for:
? Flatiron Garage – Purchase
? Parks and Playground Improvements

Lowe’s Development – Eighth Avenue

Mrs. Belinski read from a letter dated April 23, 2008 addressed to the Members of Council from Robert and Patricia Williams of 1207 Stanford Road, concerning an ongoing problem at the Lowe’s development off Eighth Avenue. It was explained in the letter that several trees along the residential buffer have died. A representative from Woodmont Mews informed them that the replacement of trees was not the responsibility of Woodmont Mews. The Williams’ would appreciate Council’s efforts in determining whose responsibility it is, and seeing that the trees are replaced with ones of the same maturity. The Williams’ advised that delivery trucks continue to arrive at Lowe’s after hours. They were awoken at 1:30 am by a tractor trailer that continued to idle throughout the night, and many trucks off-loading goods at the garden center idle during the process. The Williams’ noted the neighbors were assured this would not happen and that the practice was unlawful. The Williams’ wrote that they would appreciate Council’s help in resolving the issues in a timely manner.

Mrs. Belinski inquired what the Administration is going to do such as speak to Lowe’s or Mr. Petrucci or whoever is responsible. In response to the Mayor, Mrs. Belinski affirmed that a copy of the letter would be forwarded to him.

Ginny’s Luncheonette

Ms. Dolan, requesting that the Administration provide an update on issues related to Ginny’s restaurant, inquired how successful were attempts to relocate Ginny’s from its present site on East Third Street and whether Westgate Mall was approached to ask if the former Denny’s restaurant that is now vacant was a possibility.

Tony Hanna, Director of Community and Economic Development, explained what has occurred in discussions with Mr. Halkias, owner of Ginny’s restaurant, as a result of eminent domain action that was taken by PennDot because the land on which the restaurant is located is required as part of the Route 412 and new ramp construction projects. Mr. Hanna stated that everything within the purview of his department is being done to assist Mr. Halkias in trying to find a new site for his restaurant. Advising that Mr. Halkias has placed some parameters on the site selection, Mr. Hanna informed Ms. Dolan that Mr. Halkias is looking for a site that he could purchase as opposed to leasing. A number of options that were within a reasonable distance from the current location were available on a lease basis. In terms of the amount of money offered by PennDot and the purchase price of a suitable location, Mr. Hanna communicated that the dollars were not adding up. At the meeting with Mr. Halkias several weeks ago, Mayor Callahan and staff from the department were also in attendance to discuss several issues including location. Mr. Hanna continued on to inform Ms. Dolan that Mr. Halkias was advised he may have to reconsider some of his earlier issues about leasing versus ownership, and he seems willing to look at some rental options on the South Side. Mr. Halkias wanted to stay close to his current location, but trying to find a location that could be converted easily into a diner or luncheonette was difficult. The other issue was trying to find a place that was about the same size as the current location and with on-site parking. Mr. Hanna stated that an acceptable location has not yet been found. Turning to the Westgate Mall, Mr. Hanna explained that to the dismay of several local diners, the mall management is seeking a national chain. In further response to Ms. Dolan, Mr. Hanna affirmed that Mr. Halkias is of the understanding that a site which meets his needs may be a rental situation.

Mayor Callahan informed Ms. Dolan that the Administration reviewed with Mr. Halkias the development plans for South Bethlehem including parking, roadway and infrastructure improvements in an effort to demonstrate sites that may be plausible in the future but do not appear to be so currently.

President Donchez notified the Members that since August he and State Representative Joseph Brennan met with Frank Halkias three times, and there has been correspondence with the offices of Representative Brennan, Mayor Callahan, and Mr. Hanna. President Donchez added that Mr. Halkias may be scheduling a meeting with representatives of SandsBethworks. In addition, Representative Brennan has corresponded with PennDot regarding the possibility of extending the time at Mr. Halkias’ current location beyond September 2008.

Ms. Dolan inquired about the price offered by PennDot to Mr. Halkias. While confirming the price cannot be commented upon, Mr. Hanna noted State law provides the right to request a review of the compensation under eminent domain proceedings, although the taking of property cannot be protested, and Mr. Halkias is exercising his rights. Mr. Hanna confirmed to Ms. Dolan that the City has no control over the proceedings.

7. COMMUNICATIONS

A. Housing and Community Development Planner – PADCED Grant – Ashley Development Corporation

The Clerk read a memorandum dated April 30, 2008 from Irene Woodward, Housing and Community Development Planner, to which was attached a proposed Resolution for Ashley Development Corporation to obtain funds from the Pennsylvania Department of Community and Economic Development in the amount of $550,000 for the construction of 574 Main Street and that Ashley Development Corporation will assume the provision of the full local share of project costs.

President Donchez noted that the appropriate Resolution will be listed on the May 20 Agenda.

B. Housing and Community Development Planner – PADCED Grant – Habitat for Humanity

The Clerk read a memorandum dated May 1, 2008 from Irene Woodward, Housing and Community Development Planner to which was attached a proposed Resolution for Habitat for Humanity to obtain funds in the amount of $450,000 from the Pennsylvania Department of Community and Economic Development for prevention and elimination of blight under Section 4(c) of the Housing and Redevelopment Assistance Law, as amended, and that Habitat for Humanity will assume the provision of the full local share of the project costs.

President Donchez noted that the appropriate Resolution will be listed on the May 20 Agenda.

8 . REPORTS

A. President of Council

Committee of the Whole Meeting Announcements

President Donchez announced the following Committee of the Whole meetings: Wednesday, May 7, 2008 – 7:00 PM – Town Hall - Subject: Political Campaigns Contributions Proposal; and Thursday, May 15, 2008 – 7:00 PM – Town Hall - Subject: Host Fee Ordinance Proposal.

Fulbright Japanese Memorial Scholarship – Councilwoman Dolan

President Donchez congratulated Councilwoman Dolan who was offered a Fulbright Japanese Memorial Scholarship and will be traveling to Japan in June representing the Bethlehem Area School District. Ms. Dolan added that she will be visiting Tondabayashi, one of Bethlehem’s Sister Cities, during the trip.

B. Mayor

1. Administrative Order – Kenneth C. Loush – Historic Conservation Commission

Mayor Callahan appointed Kenneth C. Loush to membership on the Historic Conservation Commission effective until May 2011. Mr. Schweder and Mr. Reynolds sponsored Resolution 2008-60 to confirm the appointment.

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

2. Administrative Order – Holly Heitmann – Historic Conservation Commission

Mayor Callahan appointed Holly Heitmann to membership on the Historic Conservation Commission effective until May 2011. Mr. Schweder and Mr. Reynolds sponsored Resolution 2008-61 to confirm the appointment.

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

3. Administrative Order – Sandra E. Figueroa – Board of Health

Mayor Callahan presented the reappointment of Sandra E. Figueroa to the Board of Health effective until January 2013. Mr. Reynolds and Mr. Mowrer sponsored the Resolution.

Mrs. Belinski noted that in following the Health Board minutes of the past 22 meetings, Ms. Figueroa attended three meetings. Mrs. Belinski recalled she objected to the individual’s previous reappointment when the individual did not attend the meetings. Mrs. Belinski said she cannot in good conscience vote for this appointment.

Ms. Dolan, advising she knows Sandra Figueroa quite well and taught all three of her children, pointed out Ms. Figueroa is truly an educated, talented, and accomplished citizen. Ms. Dolan inquired if there are rules related to attendance for the Board of Health. Ms. Dolan commented she may call for a tabling of the Resolution to see if Ms. Figueroa could be contacted about whether she wishes to remain on the Board of Health and if she is comfortable making this commitment and can turn her attendance record around.

Mr. Mowrer asked if Mayor Callahan has talked to Ms. Figueroa.

Mayor Callahan, affirming that he has, advised he had asked if she was still willing to serve on the Board of Health and was interested in it, and Ms. Figueroa did express her willingness to serve on the Board. Stating that he did raise concerns about her attendance, Mayor Callahan advised that Ms. Figueroa did commit to the Mayor to improving her attendance. Noting there were a lot of work issues involved, Mayor Callahan explained he made it clear that he was not interested in reappointing her if her attendance was not going to improve and she was not interested in serving on the Board. Mayor Callahan informed the Members that Ms. Figueroa expressed to him both a willingness to continue to serve and a desire to improve her attendance.

Mr. Mowrer, commenting he did not realize her attendance record, said he knows her personally and finds her very competent. However, if she is not able to go to the meetings or would continue with that type of attendance record, then Mr. Mowrer did not think she should be a candidate. Mr. Mowrer said he would look to possibly table the Resolution and get more of a commitment to improve.

Mr. Schweder said, if one looks at the record, she has not been to a meeting of the Health Board for a year since the last meeting she attended was May 11, 2007. She was at the October 13, 2006 and April 21, 2006 Board of Health meetings, and missed the other meetings over the last 22 meetings. Mr. Schweder, confirming that he voted for her both times she was up for reappointment, stressed he has the deepest respect for her. However, while in 2003 she attended six meetings, in other years she attended three times, one time, and four times. Mr. Schweder, pointing out that to serve on a board one must be present, communicated that simply being a member of a board is not acceptable. Expressing he understands the positions are not compensated, Mr. Schweder said they are significant ones, and he did not think there is any more significant than this Board. Mr. Schweder recalled one of the most dedicated people to serve on this Board was not reappointed. While expressing the respect as he has for her, Mr. Schweder queried what assurances would be acceptable for someone who did not attend meetings for a year. Mr. Schweder pointed out the issues the Health Board has been going through over the last two years regarding a Bi-County Health Bureau. Mr. Schweder, commenting he would oppose a motion to table, thought the Resolution should be voted on and to find someone who would have the dedication to serve on the Board of Health.

Mr. Mowrer suggested that, rather than cause any embarrassment in view of the voluntary position, the matter not be tabled or voted on, and have someone speak to her and find out if she would like to voluntarily withdraw her name. Mr. Mowrer noted he would be willing to talk to her.

Ms. Dolan thought another matter to look into is whether the Board of Health has bylaws with attendance rules so that the Board itself can look into someone who is not attending. Ms. Dolan thought the Council Meeting is too public of a place to be handling these types of issues.

Mr. Schweder did not think it could be something automatic in view of the members of Boards, Authorities, and Commissions who serve as appointed or are removed by City officials.

Ms. Dolan inquired whether there could be advisory attendance policies.

Christopher Spadoni, City Council Solicitor, stated he would forward an answer.

Ms. Dolan, acknowledging that Council has certain powers, explained she would rather see an internal handling of a situation before it would be in a public forum. Ms. Dolan added it could be an informal policy.

Mrs. Belinski expressed she does not have confidence that the individual’s attendance record would change.

Ms. Dolan observed that circumstances can change, and she does not know the circumstances, and noted it could be difficult for someone to say no when the Mayor asks.

President Donchez stated there are three options: to vote on the Resolution, to table the Resolution, or to remove the Resolution from the Agenda. Attorney Spadoni concurred.

Mr. Mowrer made a motion to remove the Resolution from the Agenda. Ms. Dolan seconded the motion.

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

4. Administrative Order – Deni Thurman-Eyer – Fine Arts Commission

Mayor Callahan appointed Deni Thurman-Eyer to membership on the Fine Arts Commission effective until April 2011. Mr. Schweder and Mr. Reynolds sponsored Resolution 2008-62 to confirm the appointment.

Ms. Dolan pointed out that Ms. Thurman-Eyer puts in many hours, attends every meeting, and does an outstanding job. Ms. Dolan expressed that she would vote yes on the Resolution with enthusiasm and appreciation.

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

C. Finance Committee

Chairman Leeson presented an oral report of the Finance Committee Meeting held on April 23, 2008 on the following subjects: Transfers of Funds: A. EMS Bureau – Temporary Help, B. Professional Services – Fire Union Negotiations, C. Non-Utility Capital Budget – (1) Parks and Playgrounds Improvements and Mechanical System Upgrade; (2) Amending General Fund Budget – (A) Health Bureau – Grants, (B) Public Works Department – Equipment Repairs – Reimbursement, (C) Police Department – FBI Violent Gang Task Force Overtime; Amending 911 Fund Budget – Equipment – Communications Center; Amending Liquid Fuels Fund Budget – State Allocation; Amending Non-Utility Capital Budget: A. HOME Program; B. Flatiron Garage – Purchase; C. City Center Improvements; Parks and Playground Improvements.

D. Parks and Public Property Committee

Chairwoman Belinski presented an oral report of the Parks and Public Property Committee Meeting held on May 1, 2008 on the following subjects: Clearview Park – Demolition of Buildings, and Sand Island West – Update.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 12 – 2008 – Amending General Fund Budget – Health Bureau Grants, Public Works Equipment Repairs Reimbursement, Police Overtime

The Clerk read Bill No. 12 – 2008 – Amending General Fund Budget – Health Bureau Grants, Public Works Equipment Repairs Reimbursement, Police Overtime, sponsored by Mr. Reynolds and Mr. Leeson, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2008.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 12 – 2008 was declared passed on First Reading.

B. Bill No. 13 – 2008 – Amending 911 Fund Budget – Communications Center Equipment

The Clerk read Bill No. 13 – 2008 – Amending 911 Fund Budget – Communications Center Equipment, sponsored by Mr. Reynolds and Mr. Leeson, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 9-1-1 FUND BUDGET FOR 2008.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 13 – 2008 was declared passed on First Reading.

C. Bill No. 14 – 2008 – Amending Liquid Fuels Fund Budget – State Allocation

The Clerk read Bill No. 14 – 2008 – Amending Liquid Fuels Fund Budget – State Allocation, sponsored by Mr. Reynolds and Mr. Leeson, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE LIQUID FUELS FUND BUDGET FOR 2008.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 14 – 2008 was declared passed on First Reading.

D. Bill No. 15 – 2008 – Amending Non-Utility Capital Fund Budget – HOME Investment Trust and City Center Improvements

The Clerk read Bill No. 15 – 2008 – Amending Non-Utility Capital Fund Budget – HOME Investment Trust and City Center Improvements, sponsored by Mr. Reynolds and Mr. Leeson, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2008 CAPITAL BUDGET FOR NON-UTILITIES.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 15 – 2008 was declared passed on First Reading.

11. RESOLUTIONS

A. Approving Application – DCNR – Greenway and Skate Park Implementation Phase II Grant

Mr. Reynolds and Mr. Mowrer sponsored Resolution 2008-63 that approved the application for a grant from the Pennsylvania Department of Conservation and Natural Resources (DCNR) for the South Bethlehem Greenway and Skate Plaza Implementation, Phase II.

Mr. Schweder, noting the Resolution states that the Mayor can retroactively sign the Grant Agreement, asked if that has been done.

Mayor Callahan expressed he is not sure if it has yet been signed.

Mr. Schweder asked what is meant by the paragraph in the Resolution that states an amendment to the Agreement may be signed by the Mayor and the grantee will be bound by the amendment.

John F. Spirk, Jr., Esq., City Solicitor, replied he does not know the reason for the language.

Mr. Schweder observed the Resolution gives the authority to obtain a grant for a piece of property the City does not own.

Mayor Callahan observed there are a lot of grants for the Greenway for acquisition and improvements and it is not uncommon.

Mr. Schweder recalled that six months ago it was advised the agreement for acquisition of the property for the Greenway would be signed in a matter of weeks. Commenting he is not familiar with language such as in the Resolution, Mr. Schweder said he would move to table the Resolution in order to obtain the answers unless there is a deadline.

Tony Hanna, Director of Community and Economic Development, stated the City has not applied for the grant yet but there is a deadline for the application that is currently being worked on, and the Resolution is important to have as part of the grant application.

Mr. Schweder observed had the agreement for the acquisition closed when it was thought it would happen then there would not be this deadline problem.

Mr. Hanna explained this has nothing to do with the acquisition and is a separate amount of dollars made available by the Pennsylvania Department of Conservation and Natural Resources. Mr. Hanna continued on to advise the DCNR believes this project is probably one of the more pivotal recreation and green projects in the City, and arguably in the region, and so made dollars available to the City to be applied for.

Mr. Schweder, affirming he is not debating the merits of the project, stressed it is the procedure. Mr. Schweder, stating there are legal recourses, recounted over the years procedures are cast aside.

Mayor Callahan, pointing out the City has received support from a number of governmental agencies including grant funding from Northampton County, the Federal and State governments, PennDot, and DCNR, explained they have faith in the City’s ability to close on the property. Mayor Callahan continued on to say the agencies are already into the project for acquisition, development, and design dollars, and through PennDot for improvements. Mayor Callahan noted DCNR approached the City with additional grant dollars for implementation of the Greenway upon acquisition, and recommended the City apply for funding for improvements to the Greenway project at this time. As part of the application process, there is the need for a Resolution from Council to submit with the application.

President Donchez asked the deadline.

Ralph Carp, Director of Parks and Public Property, noted the deadline was moved from later summer/early fall to the spring and the City was given only a few weeks notice of the deadline change.

In response to the Mayor, Mr. Mowrer explained Council would not want to postpone the matter if it would interfere with the deadline, and if the deadline is such that the Resolution could wait until the next Meeting then that could be done.

Mr. Hanna, noting he has just spoken with the Director of Planning and Zoning, advised the Resolution is a form Resolution given to the City by the DCNR, and the language they put into the Resolution allows for flexibility in terms of issues wherein there may be an application that is filed before a governing body passes a Resolution, allows for amendments to the application, and backdating signatures to coincide with timing. Mr. Hanna further informed the Members he has been advised by Ms. Heller that the application has been sent in within the last several days in anticipation of the Resolution.

Mr. Mowrer observed the language that it can be signed at any time and then changed at any time is unusual wording, and he wanted clarification regarding the matter.

Mr. Hanna stated that if Council wants a copy of the application it can certainly be made available.

Ms. Dolan noted she has had a lot of experience with DCNR and the matter does not surprise her. She pointed out if DCNR contacts someone and wants to work with them through the process, they would meet at the site, DCNR would take the entity through each step, there would be a short deadline, and since there is money available someone would not argue. She added if funding would be turned down, then the funding would go to the next project in line. Wondering why Council would not want to get money, Ms. Dolan recounted that many times there are arguments over the process. Ms. Dolan expressed the issues are whether one wants pedestrian safety and a pedestrian friendly environment, whether there is a desire for a quality of life, for people to be able to walk and bike, and for young people to legally have a skate park. Ms. Dolan exemplified that DCNR would not allow the money to be used for police vehicles, and pointed out there is much paperwork to prove the State money is used for the intended purpose which in this instance is for the Greenway project that has been discussed and supported in the past. Ms. Dolan observed it would be dangerous for a train or a highway to move through the middle of a dense city with multiple intersections in the area where the Greenway is located.

Mr. Mowrer commented since the application has already been processed then there is not the need for discussion and the Resolution should be voted on.

Mr. Reynolds expressed his agreement with Ms. Dolan’s comments that dealing with DCNR or other State organizations, as he does in his job working with State Representative Samuelson, can be difficult and oftentimes an entity is at their will as far as language and forms. Acknowledging the legitimacy of the questions, Mr. Reynolds thought any changes at the Greenway would come before City Council. Mr. Reynolds communicated an entity goes through the State’s process since otherwise ways would have to be found to identify funding in the entity’s own budget. Mr. Reynolds thought the focus should be on how the project could transform the South Side, and the opportunity is available to help the City along in the goal of having a Greenway.

Mr. Schweder, pointing out the application has already been signed, remarked it is a rubber stamp of support, and he is talking about the process continuing in that manner. Mr. Schweder, stating he will not move to table the Resolution, commented the vote really does not matter at this point.

Ms. Dolan, advising she is not rubber stamping the matter, recalled the Greenway is not new and was part of the Sasaki Plan.

President Donchez noted that, in working with Representative Brennan, he knows that many times such State matters can come up at the spur of the moment under the State’s rules. While acknowledging the process is important and City Council needs to be involved, President Donchez observed in this case it is after the fact.

Mr. Reynolds expressed that one of the jobs of the Department of Community and Economic Development is to search out and apply for grants. Mr. Reynolds thought without knowing the situation surrounding the grant it is an argument that Council should not be having since it is unknown whether it was a situation where DCNR told the City to apply for the grant and then afterwards it was learned that a Resolution was needed which, he said, happens a lot with the State.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Voting NAY: Mr. Schweder, 1. The Resolution passed.

Considering Resolutions 11 B through 11 D as a Group

Mr. Mowrer and Mr. Reynolds moved to consider Resolutions 11 B through 11 D as a Group. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The motion passed.

B. Transfer of Funds – EMS Bureau - Temporary Help

Mr. Reynolds and Mrs. Belinski sponsored Resolution 2008-64 that transferred $59,000 in the General Fund Budget from the EMS – Overtime Account to the EMS – Temporary Help Account to provide additional funding needed in the account.

C. Transfer of Funds – Professional Services – Fire Union Negotiations

Mr. Reynolds and Mr. Leeson sponsored Resolution 2008-65 that transferred $17,000 in the General Fund Budget from the Unforeseen Contingency Account to the Professional Services Account for legal expenses paid in 2008 related to Fire Union negotiations.

D. Transfer of Funds – Non-Utility Capital Budget – Parks and Playgrounds Improvements and Mechanical System Upgrade

Mr. Reynolds and Mr. Leeson sponsored Resolution 2008-66 that transferred $76,000 in the Non-Utility Capital Fund Budget from the following accounts: $30,000 – Facility Capital Improvement, $6,000 – Backhoe, and $20,000 – General Pool Repairs, to Park/Playground Improvements for resurfacing Monocacy and Westside Tennis Courts, safety surface for all playgrounds, removal of unsafe trees, repairs/replacement to play equipment, and a new ball field at Monocacy Complex; and $20,000 from Facility Capital Improvement to Mechanical System Upgrade to complete the Chiller Improvement project at City Hall.

Voting AYE on Resolutions 11 B through 11 D: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The Resolutions passed.

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

Mr. Reynolds and Mr. Mowrer sponsored Resolution 2008-67 that granted a Certificate of Appropriateness to construct a masonry screen wall at 217-231 East Third Street.

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

F. Certificate of Appropriateness – 127 East Third Street

Mr. Reynolds and Mr. Mowrer sponsored Resolution 2008-68 that granted a Certificate of Appropriateness to renovate the storefront, paint, and install signage at 127 East Third 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

Committee Meeting Announcements

Chairwoman Dolan announced a Public Works Committee meeting on Tuesday, May 13 at 7:00 PM on the subject of the proposed sale of the Maple Tract.

Chairman Mowrer announced a Public Safety Committee meeting on Thursday, May 15 at 6:00 PM on the Emergency Operations Plan.

Mr. Schweder notified the Members that he met with the City Council Solicitor today and there are amendments to the proposed Ordinance for Political Contributions and Expenditures that will be reviewed at the Committee of the Whole Meeting on May 7, 2008 at 7:00 PM. Mr. Schweder affirmed that copies were provided today to the Members of Council, and copies will be available to the public as well.

Building Next to 4G’s

President Donchez observed it seems as though bricks are coming out of the building next to the 4 G’s, and inquired about the matter.

Mayor Callahan confirmed the Administration is aware of the situation, and inspectors have looked at the structural soundness of the wall and it is being followed closely.

13. COURTESY OF THE FLOOR

Copies of Proposed Ordinances and Council Agenda Items; and Grant Agreement

Bill Scheirer, 1890 Eaton Avenue, requested that the amendments to the proposed Political Contributions and Expenditures Ordinance be available for the public at tomorrow’s Committee of the Whole meeting. Mr. Scheirer noted that copies were available this evening of Communications, Ordinances and Resolutions outside Council Chambers before tonight’s Meeting.

Mr. Scheirer, referring to Mr. Schweder’s comments, said that any future amendment to the grant would have to be signed by the Mayor at that time.

Council Information – E-Mail

President Donchez, with reference to Mr. Scheirer’s comments made in the past, advised if any one would like to receive information via e-mail they should contact the City Clerk’s Office.

Former Bethlehem Steel Trucks

John Ladics, 1527 Kaywin Avenue, recalled that several months ago he spoke with the Mayor about former Bethlehem Steel trucks at Grant salvage yard. Mr. Ladics, noting there had been two trucks at the salvage yard, recounted he had stated that it would be fitting to have one of the trucks at the Sands BethWorks project site or at the museum. Mr. Ladics, advising one of the trucks is missing, asked the status of the truck that is missing.

Mayor Callahan replied he does not know.

Mr. Ladics felt that a former Bethlehem Steel truck from the 1930’s or 1940’s would be a benefit for the tourists coming to the City.

Mr. Carp replied he followed up with Grant salvage and they offered to sell the vehicles to the City for $5,000 each. Mr. Carp put the president of the museum in touch with Grant’s salvage regarding the matter.

Mr. Ladics noted he will check with Grant salvage.

Building Next to 4G’s; and Idling of Trucks

Peter Crownfield, 569 Brighton Street, commented that every day there are more bricks falling down at the building next to the 4 G’s that was referenced by President Donchez.

Mr. Crownfield stated that on Main Street diesel trucks are idling and people who sit at the outside tables are subjected to fumes. Mr. Crownfield asked why the City does not have an Ordinance against leaving vehicles idling that he pointed out would be appropriate for health and environmental reasons, and especially due to the harm caused by the fine particulate pollution from the diesel fumes. In addition, Mr. Crownfield highlighted the fact that switching locomotives are parked just east of the Hill to Hill Bridge and are left idling, sometimes for 12 hours.

Mr. Schweder, advising he has talked with State Representative Brennan, noted there is a Bill that would address vehicles idling that has passed the State Senate and is in the House Committee.

Budget and Host Fee

Robert Pfenning, 2830 Linden Street, recalled that he previously addressed the Members about the fact that last year the Administration proposed and Council approved the 2008 Budget with a $4 million non-recurring figure and a substitute revenue source would need to be found. Mr. Pfenning observed that the City may have already spent $4 million of the Host Fee in perpetuity. Mr. Pfenning expressed his belief that the local share assessment that is levied by Act 71 upon the casinos was meant primarily as an impact fee to make sure that the municipalities that receive the licensed facilities do not have to pay something out in order to enjoy the benefit of the casino being there. In the case of the host cities, the Act states it is 2% or $10 million, whichever is greater. In addition to the impact fee, Mr. Pfenning thought the legislators probably wanted to have an incentive for the host municipality. Mr. Pfenning commented that the highest priority for the use of the local share assessment that the City receives would be to mitigate any expenses that arise because the casino is located in the City. Mr. Pfenning observed that no one knows for certain what those expenses will be. Stating the City should make sure there are ample funds available to meet those conditions that arise, Mr. Pfenning noted a part of what the City is considering is a contingency fund for expenses. Mr. Pfenning pointed out another unknown is the social costs of a licensed casino facility. Mr. Pfenning advised that on April 26, 2008 the faith community in Bethlehem conducted a seminar with a speaker who talked about gambling addiction. Mr. Pfenning noted that in the revenue sharing agreement of which Bethlehem is a part the $10 is split 80/20 or $8 million to the host city and $2 million to the non-host city. Mr. Pfenning highlighted the fact that the County share is not split 80/20. Referring to the Morning Call article last week in which it was reported that in the newly amended projection of gross terminal revenue from the Sands BethWorks casino of $55 per game per slot per day the City would get 91.16% of that $10 million or $9.1 million. Allentown would go from 20% up to 42%, and Lehigh County would be about $375,000 while Northampton County and its municipalities would be the losers. Mr. Pfenning communicated that, in looking at uses for the funds, someone has to pay for the social costs and perhaps the City with its bonus would consider being a part of that solution.

Various Issues

Eddie Rodriquez, 1845 Linden Street, asked why a developer and Planning Commission member has anything to do with the purchase of the Getty Mart in the Five Points area. Mr. Rodriquez wondered why Ginny’s Restaurant could not be relocated to the Getty Mart in the Five Points area, and further why PennDot claimed Ginny’s Restaurant by eminent domain. Mr. Rodriquez commented upon the attitude of a desk sergeant, and noted he reported it. Mr. Rodriquez communicated that pedestrians are put in harm’s way with one way traffic patterns, and at the Greenway. Mr. Rodriquez felt the Skate Park will not be functional. Mr. Rodriquez insisted that the Greenway project is not the right decision. He questioned what is being done about speeding in the Five Points area.

Greenway - Train

Stephen Antalics, 737 Ridge Street, took exception to the comments of Ms. Dolan regarding a train or vehicular traffic along the Greenway route. Mr. Antalics expressed his agreement with the Sasaki plan that stated a greenway would be a good idea along the railroad right of way because it would enhance the BethWorks area which at that time was a cultural and civic project. However, Mr. Antalics stressed the dynamics dramatically changed when the casino plans were made for the BethWorks area, and traffic from the east could possibly increase by 85%. Mr. Antalics queried what effect will this have on the environment, including traffic congestion. Mr. Antalics stated that an electrified train would reduce the traffic dramatically and have a positive effect on the ecology of the area. Mr. Antalics pointed out that an electrified train would draw more people to Bethlehem since it would be easier to reach than Philadelphia. Mr. Antalics suggested that Council look at the issue carefully, and do the right thing for the City to improve it and save the ecology.

Various Issues

Dana Grubb, 2420 Henderson Place, advised that the grant process can be very convoluted at times, but thought if some of the information would have been provided previously then the discussions this evening would not have been necessary.

Mr. Grubb commented that light rail works very well in heavily populated areas such as Boston, Massachusetts, crosses numerous blocks, and carries thousands of passengers.

Mr. Grubb extended his compliments to the Administration and Ralph Carp, Director of Parks and Public Property, for the tree trimming and cleanup around the City Center complex.

Mr. Grubb thought it was important that the Silk Mill project will make housing more affordable.

Mr. Grubb expressed concern about the City’s real estate tax revenues in light of the $2.6 million shortfall of the Bethlehem Area School District because of real estate taxes not being collected at the anticipated rate.

Mr. Grubb, referring to the electric rate increases, pointed out it will have an impact on taxpayers when City government and the School District have to pay more for electricity. Observing it could be difficult for many families, Mr. Grubb urged City officials to weigh in on the issue.

Mary Pongracz, 321 West Fourth Street, communicated that sometimes there are a lot of conditions attached to grant money. Rather than stating something will help the South Side, Ms. Pongracz urged City officials to help all parts of the City. Ms. Pongracz stressed that the South Side functions and the residents take care of each other. Ms. Pongracz commented that when someone is put on a committee it should be someone who is capable and willing to do the job.

The meeting was adjourned at 8:45 p.m.