Council MInutes
November 5, 2008
BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, November 5, 2008 – 7:00 PM
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
President Donchez called the meeting to order. Reverend Steven
Brundage, First Presbyterian Church of Bethlehem, 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.
4. APPROVAL OF MINUTES
The Minutes of October 21, 2008 were approved.
5. COURTESY OF THE FLOOR (for public comment on ordinances
and resolutions to be voted on by Council this evening)
None.
6. OLD BUSINESS.
A. Tabled Items
None.
B. Unfinished Business
1. Establishing Article 314 – Security Cameras
2. Political Contributions and Expenditures – Proposed
Ordinance
3. Gift of Real Estate – LVIP
C. Old Business – Members of Council
None.
7. COMMUNICATIONS
A. City Solicitor – Use Permit Agreement for Public
Property – ArtsQuest – Christkindlmarkt 2008,
Christmas City Cirque 2008, First Night 2008
The Clerk read a memorandum dated October 30, 2008 from John
F. Spirk, Jr., Esq., City Solicitor, to which was attached
a proposed Use Permit Agreement between the City and ArtsQuest
for use of various City properties for the time periods listed
for Christkindlmarkt 2008, Christmas City Cirque 2008, and
First Night 2008, according to the terms and conditions of
the agreement.
President Donchez stated that the Resolution will be placed
on the November 18 Agenda.
8. REPORTS
A. President of Council
None.
B. Mayor
None.
C. Finance Committee
Mr. Leeson, Chairman of the Finance Committee, presented
an oral report of the meeting held on October 23, 2008 on
the following subjects: General Fund and 911 Fund –
Overtime and Temporary Help: Transfer of Funds – Economic
Development – Temporary Help, Transfer of Funds –
Streets Bureau – Overtime, Transfer of Funds –
Police Department – Overtime, Transfer of Funds –
Police Records Bureau – Overtime, Transfer of Funds
– 911 Fund - Communications Bureau – Overtime,
Transfer of Funds – Fire Department – Overtime;
Water Fund – Overtime and Gasoline: Transfer of Funds
– Water Control – Overtime, Transfer of Funds
– Water Control, Water Maintenance, Meter Shop –
Gasoline; Sewer Fund – Overtime and Gasoline: Transfer
of Funds –WWT – Overtime, Transfer of Funds –
Sewer Maintenance and Wastewater Laboratory – Overtime,
Transfer of Funds – Sewer Maintenance – Gasoline;
Golf Course Enterprise Fund - Overtime and Temporary Help:
Transfer of Funds – Overtime, Transfer of Funds –
Temporary Help; Amending General Fund Budget: Police Department
– LCB Overtime Grant, Economic Development - Enterprise
Zone Manager - PADCED Grant, Public Works – Mechanical
Maintenance – Equipment Repairs – Reimbursement,
General Expenses – Continuous Improvement; Amending
Non-Utility Capital Budget: TANF Repayment Fund, HOME Investment
Trust, Park/Playground Improvements – Monocacy Complex,
Southside Recreation Programs, Wireless Mesh Project –
PADCED Grant; 2008 Budget Review; Recreation Fees –
Proposed Increases.
D. Community Development Committee
Mr. Schweder, Chairman of the Community Development Committee,
gave an oral report of the meeting held at 5:45 PM prior to
the City Council Meeting on the following subject: Proposed
Resolution – CDBG Funding – Non-Profit Organizations.
9. ORDINANCES FOR FINAL PASSAGE
None.
10. NEW ORDINANCES
A. Bill No. 29 – 2008 – Amending General Fund
Budget - Police Department – LCB Overtime Grant; Economic
Development - Enterprise Zone Manager - PADCED Grant; Public
Works – Mechanical Maintenance – Equipment Repairs
– Reimbursement; General Expenses – Continuous
Improvement
The Clerk read Bill No. 29 – 2008 – Amending
General Fund Budget - Police Department – LCB Overtime
Grant; Economic Development - Enterprise Zone Manager - PADCED
Grant; Public Works – Mechanical Maintenance –
Equipment Repairs – Reimbursement; General Expenses
– Continuous Improvement, sponsored by Mrs. Belinski
and Ms. Dolan, 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. 29
- 2008 was declared passed on First Reading.
B. Bill No. 30 – 2008 - Amending Non-Utility Capital
Budget - TANF Repayment Fund; HOME Investment Trust; Park/Playground
Improvements – Monocacy Complex; Southside Recreation
Programs; Wireless Mesh Project – PADCED Grant
The Clerk read Bill No. 30 – 2008 - Amending Non-Utility
Capital Budget - TANF Repayment Fund; HOME Investment Trust;
Park/Playground Improvements – Monocacy Complex; Southside
Recreation Programs; Wireless Mesh Project – PADCED
Grant, sponsored by Mrs. Belinski and Ms. Dolan, 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. 30
- 2008 was declared passed on First Reading.
11. RESOLUTIONS
Considering Resolutions as a Group
Mr. Leeson and Ms. Dolan moved to consider Resolutions 11
A through 11 M as a group. Voting AYE: Mrs. Belinski, Ms.
Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder,
and Mr. Donchez, 7. The motion passed.
A. Transfer of Funds – Economic Development –
Temporary Help
Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-190
that transferred $1,762 in the General Fund Budget from the
Economic Development – Training/Cont. Education Account
to the Economic Development - Temporary Help Account, to cover
the salary of the Economic Development Assistant throughout
the remainder of the year.
Mr. Schweder questioned the use of the Unforeseen Contingency
Account, that is usually used for items that are out of the
ordinary, as a source for a transfer of funds for the purpose
of Overtime.
Dennis Reichard, Business Administrator, explained that
during the year there are certain occurrences that require
additional overtime and the Unforeseen Contingency Account
is used if there is no other account from which to obtain
funds.
Mr. Schweder wondered whether there will be an increase
in Overtime in the 2009 Budget.
B. Transfer of Funds – Streets Bureau – Overtime
Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-191
that transferred $16,400 in the General Fund Budget from the
following accounts: $1,400 – Streets – Temporary
Help and $15,000 – Streets – Department Contract,
to the Streets – Overtime Account, to cover overtime
expenses.
C. Transfer of Funds – Police Department – Overtime
Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-192
that transferred $55,000 from the following accounts: $10,000
– Police – Equipment, $15,000 – Police –
Training, $5,000 – Police – Musikfest Overtime,
and $25,000 – Unforeseen Contingency, to the Police
– General Overtime Account, to cover overtime expenses.
D. Transfer of Funds – Police Records Bureau –
Overtime
Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-193
that transferred $5,000 in the General Fund Budget from the
Police – Musikfest Overtime Account to the Police –
Records Room Temporary Help Account, to cover expenses for
temporary help.
E. Transfer of Funds – 911 Fund - Communications Bureau
– Overtime
Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-194
that transferred $10,000 in the 911 Fund Budget from the Professional
Fees Account to the Overtime Account, to cover expenses for
overtime.
F. Transfer of Funds – Fire Department – Overtime
Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-195
that transferred $27,400 in the General Fund Budget from the
following accounts: $5,000 – Fire – Operating,
$8,000 – Fire – Uniforms, $8,000 – Fire
Training, $1,400 – Fire – Repairs, and $5,000
– Fire – Equipment, to the Fire – Overtime
Account, to cover overtime expenses.
G. Transfer of Funds – Water Fund – Water Control
– Overtime
Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-196
that transferred $28,000 in the Water Fund Budget from the
Water General – Unforeseen Contingency Account to the
Water Control – Overtime Account, to cover expenses
for overtime.
H. Transfer of Funds – Water Fund – Water Control,
Water Maintenance, Meter Shop – Gasoline
Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-197
that transferred $8,800 in the Water Fund Budget from the
Water General – Unforeseen Contingency Account to the
following accounts: $1,800 – Water Control – Gasoline,
$5,000 – Water Maintenance – Gasoline, and $2,000
– Meter Shop – Gasoline, to cover expenses for
gasoline.
I. Transfer of Funds – Sewer Fund –WWT –
Overtime
Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-198
that transferred $25,000 in the Sewer Fund Budget from the
Wastewater Treatment – Salaries Account to the Wastewater
Treatment – Overtime Account to cover expenses for overtime.
J. Transfer of Funds – Sewer Fund – Sewer Maintenance
and Wastewater Laboratory – Overtime
Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-199
that transferred $16,000 in the Sewer Fund Budget from the
Wastewater Treatment – Equipment Maintenance Account,
to the following accounts: $14,000 – Sewer Maintenance
– Overtime and $2,000 – Wastewater Laboratory
– Overtime, to cover expenses for overtime.
K. Transfer of Funds – Sewer Fund – Sewer Maintenance
– Gasoline
Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-200
that transferred $4,600 in the Sewer Fund Budget from the
Wastewater Treatment – Equipment Maintenance Account
to the Sewer Maintenance – Gasoline Account, to cover
expenses for gasoline.
L. Transfer of Funds – Golf Course Enterprise Fund
- Overtime
Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-201
that transferred $5,000 in the Golf Course Enterprise Fund
Budget from the Unforeseen Contingency Account to the Golf-Overtime
Account, to cover overtime expenses.
M. Transfer of Funds – Golf Course Enterprise Fund
- Temporary Help
Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-202
that transferred $9,000 in the Golf Course Enterprise Fund
Budget from the following accounts: $4,000 – Clubhouse
– Part Time, and $5,000 – Department Contracts,
to the Maintenance – Part Time Account, to cover temporary
help expenses.
Voting AYE on Resolutions A through M: Mrs. Belinski, Ms.
Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder,
and Mr. Donchez, 7. The Resolutions passed.
N. Certificate of Appropriateness – 903 Prospect Avenue
Mr. Mowrer and Mr. Reynolds sponsored Resolution 2008-203
that granted a Certificate of Appropriateness to install railings
on the east and west porch roofs of 903 Prospect Avenue.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The Resolution
passed.
O. Certificate of Appropriateness – 201 East Third
Street
Mr. Mowrer and Mr. Reynolds sponsored Resolution 2008-204
that granted a Certificate of Appropriateness to install awnings
at the front and side of 201 East Third Street.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The Resolution
passed.
Suspending Rules of Council and Adding Resolution
Mr. Schweder and Mr. Mowrer moved to suspend the Rules of
Council and add the following Resolution as a result of the
preceding Community Development Committee meeting held this
evening. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson,
Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7.
The motion passed.
CDBG Funding Regulations – Non-Profit Organizations
Mr. Schweder and Mr. Mowrer sponsored Resolution 2008-205
that amended the rules for allocation of CDBG funds to private
non-profit organizations to delineate how allocations are
to be used including, among other provisions specified in
the Resolution, supplementing costs associated with expansion,
building or other capital efforts or to purchase equipment
necessary for delivering programs that primarily benefit (51%
or higher) low and moderate income clientele; funds will not
be allocated for program operating costs. For costs associated
with expansion, building or other capital efforts funds are
allocated only for projects undertaken within the corporate
boundaries of the City of Bethlehem. For the purchase of equipment
necessary for delivering programs that primarily benefit (51%
or higher) low and moderate income clientele funds will be
allocated only where at least 90% of the clientele served
are residents of the City of Bethlehem. The purchase of services
that directly supplement ongoing CDBG funded City of Bethlehem
initiatives in the areas of affordable housing and economic
development and recreation programs working in conjunction
with the Bethlehem Housing Authority shall be exempt from
the conditions of the Resolution.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The Resolution
passed.
P. Adopting Annual Action Plan – 2009 CDBG and HOME
Programs
Mr. Schweder and Mr. Mowrer sponsored Resolution 2008-206
that approved the Annual Action Plan for 2009 Community Development
Block Grant (CDBG) and HOME Programs for submittal to the
United States Department of Housing and Urban Development.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The Resolution
passed.
12. NEW BUSINESS
Meeting Announcements
President Donchez stated that the First Budget Hearing on
the 2009 Proposed Budget will be held on Wednesday, November
12, 2008 at 7:00 PM in Town Hall, on the following budgets:
Community and Economic Development Department; Community Development
Block Grant Fund; Non-Utility Capital Fund; Parks and Public
Property; and Golf Course Enterprise Fund.
President Donchez announced a Committee of the Whole meeting
on Tuesday, November 18, 2008 in Town Hall upon the adjournment
of the City Council Meeting to review the Five Year Capital
Plan.
Chairman Schweder announced Community Development Committee
meetings on Tuesday, November 18, 2008 at 5:45 PM in Town
Hall on the amendments to the Recycling Ordinance, and on
Tuesday, November 25, 2008 at 8:00 AM in Town Hall on the
LERTA Ordinance and Historic Properties Proposal.
Chairman Reynolds announced a Human Resources and Environment
Committee meeting on Monday, December 1, 2008 at 8:00 AM on
the proposed 2009 personnel proposals.
13. COURTESY OF THE FLOOR
Five Points Traffic Plan – One Way Pairs
Terry Meixell, 56 East Goepp Street, noted that he spoke
with Darlene Heller, Director of Planning and Zoning about
the public meeting held on the proposed one way pairs traffic
plan for the vicinity of Five Points and learned that 80-90
people who attended were in favor of it. Mr. Meixell pointed
out that Eddie Rodriquez has a petition on file containing
130 names of people who are against the proposal. Mr. Meixell
questioned whether the Fire Department and Police Department
were in favor of the plans, and was told they were. However,
Mr. Meixell advised he contacted the former Deputy Fire Commissioner
who said he was against it. Mr. Meixell stated that in the
study that was done there was no research on the flow of traffic
from Broadway to Brodhead. Further noting that in the report
it was stated that accidents on Wyandotte are below the State-wide
average, but the accidents on Fourth Street and Broadway are
two to three times higher, Mr. Meixell questioned why all
the traffic is being sent in that direction. Mr. Meixell expressed
the hope that there would be a testing period for one month
in the area, and then people could offer their comments on
the changes. Mr. Meixell informed the assembly that he spoke
with the State engineer to ask why a west side ramp was not
considered and was told there was never any discussion or
a study done on that matter. Mr. Meixell related he also spoke
with a representative from the State department that issues
permits for oversize loads and he questioned how the large
vehicles will go on Third Street to get to Route 378 and was
told there were a few options since they could go on Third
Street by Cathedral Church of Nativity. However, Mr. Meixell
did not think they could make it up the hill, and also did
not think they could make the turn for the other alternative
to go onto Fourth Street. Observing the other option is to
close down Broadway, Mr. Meixell remarked that would not help
the flow of traffic. Mr. Meixell expressed the hope that the
proposal would be reconsidered, and added that everyone he
has spoken with is against it. Mr. Meixell repeated his request
to conduct a temporary test in the area to see if it will
work.
Eddie Rodriquez, 1845 Linden Street, commented he believes
as Mr. Meixell stated that there should be a testing period
for the one way pairs at Five Points, and to see what will
happen with the various vehicles including ambulances, school
buses, fire trucks, and so on. Mr. Rodriquez, observing if
a left turn is made on West Third Street onto Brodhead Avenue
in the direction of Lehigh University, and Broadway is one
way, questioned how will commercial vehicles make a right
hand turn, and turn onto West Fourth Street where the Tally
Ho is located. Mr. Rodriquez highlighted the fact that he
took a lot of time to get a petition to prove the business
owners and residents did not want the proposal for one way
pairs, and yet Council voted for it and went against the people’s
will. Stressing that there should be parking throughout the
day on the north and southbound lanes, Mr. Rodriquez asserted
the left turn lane should have been eliminated as a possible
solution to not having the one way pairs. Requesting that
Council take a second look at the plans rather than let the
Administration convince them what is right, Mr. Rodriquez
expressed that the people are right in this instance and deserve
a second chance.
Stephen Antalics, 737 Ridge Street, expressed his strong
support for the comments of Eddie Rodriquez and Terry Meixell.
Mr. Antalics recalled that a number of times he questioned
the adequacy of the Five Points Traffic Plan study because
other options were not reviewed to solve the Five Points problems.
He stressed that, as he mentioned before, the citizens will
suffer 75% of the time with no parking compared with 25% of
the traffic. Mr. Antalics noted that one Member of Council
supported his idea for directional lights, and added the process
allows parking on either side of the street based on where
the traffic is flowing, as is done in others cities such as
Washington and New York. Mr. Antalics pointed out that the
simple idea of lane lights from the Hill to Hill Bridge to
Wyandotte Street hill would eliminate one way streets. Mr.
Antalics said the person who did the study admitted after
he made his comments that they did not look into that aspect
of the study. Mr. Antalics asserted that the problem is not
being looked at realistically and someone else’s word
is being taken without following through on the matter. Mr.
Antalics stated that the traffic problem can be solved with
a minimal amount of expense and without aggravating people
in the area.
Bill Scheirer, 1890 Eaton Avenue, highlighted the fact that
in Washington, D.C. there are streets that go in one direction
during the morning rush hour and in another direction during
the evening rush hour, and otherwise they are two way. Mr.
Scheirer said his impression is that there are more crashes
in Bethlehem per mile than in Washington, D.C. in spite of
the reverse directions and the greater volume of traffic.
Mr. Scheirer did not think that reversing directions in and
of itself is anything that would be an insurmountable barrier.
Mr. Scheirer felt that the problem was not broken down, all
the possible solutions were not looked at, and there was no
brainstorming on the issue. Mr. Scheirer pointed out that
the first draft of the Comprehensive Plan notes that the Five
Points traffic plan will happen.
Bethlehem World Series; Recycling
Chuck Nyul, 1966 Pinehurst Road, exclaimed that last Saturday
afternoon at Banko field was the grandest time he ever had
for the world series of Bethlehem and watching over 12,000
residents cheering on the high school teams and bands. He
added it was a great day for Bethlehem. Mr. Nyul noted he
saw the Mayor in a television ad on Channel 69 news explaining
that the expansion of the recycling program will not cost
the citizens any more money. Mr. Nyul expressed his disbelief
and wondered how much it will cost, and added that he enjoys
going to the Recycling Center.
The meeting was adjourned at 7:35 p.m.
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