Council MInutes

May 5, 2009

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, May 5, 2009 – 7:00 PM

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

President Donchez called the meeting to order. Reverend Sandra Birchmeier, of St. Mark’s Lutheran Church, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Joseph F. Leeson, Jr., Gordon B. Mowrer, J. William Reynolds, J. Michael Schweder and Robert J. Donchez, 6. Karen Dolan was absent, 1.

Citation – Honoring David A. Strawn

President Donchez presented a Citation honoring David Strawn on the occasion of his retirement from the Police Department after 20 years of service to the City. The Members of Council and the assembly applauded Mr. Strawn for his service, and wished him well in his retirement.

4. APPROVAL OF MINUTES

The Minutes of April 21, 2009 were approved.

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

President Donchez announced that, prior to recognition of the public under the First Courtesy of the Floor, two presentations would be made on items listed on this evening’s Agenda by the Housing and Community Development Planner on the Revised Annual Action Plan, and by the Director of Water and Sewer Resources on the PENNVEST Financial Assistance Application for the Wastewater Treatment Plant.

Revising 2008 Annual Action Plan – Additional Community Development Block Grant (CDBG) Funds and Homeless Prevention and Rapid Re-Housing Program (HPRP) Funds

Irene Woodward, Housing and Community Development Planner, noted that Steve Lingle, of Triad Associates, consultant to the City, is in attendance this evening. Ms. Woodward explained the Department has been working on the CDBG Federal Stimulus Funding and on the Federal government’s Homeless Prevention and Rapid Re-Housing Stimulus Funding that is a new program for the City. Ms. Woodward notified the assembly that the City received $687,480 in Homeless Prevention funding, and an additional $445,326 in CDBG Stimulus Funding, for both of which the City has to apply. Ms. Woodward noted the Resolution on this evening’s Agenda allows the City to amend its 2008 Action Plan in order to submit the funding application that will be reviewed by HUD and a response will be sent to the City. Ms. Woodward informed the Members that the Department has been working on an RFP for the Homeless Prevention funding so that local organizations can respond to obtain financial assistance, housing relocation and stabilization, data collection and evaluation, and administrative costs. The City has been reviewing construction projects that are known as shovel-ready for the additional CDBG funding. A recommendation is being made to use the additional CDBG funding towards the construction of the Greenway on the South Side, and for streetlights for Fourth Street.

Ms. Woodward confirmed that two public meetings were held on the CDBG Federal Stimulus Funding and on the Homeless Prevention and Rapid Re-Housing Stimulus Funding. In addition, the Department has been working with local organizations to obtain their feedback.

Steve Lingle, of Triad Associates, confirmed the organization is a Community and Economic Development consultant that has been working with the City for four years. Mr. Lingle affirmed that in February, President Obama signed the American Recovery and Reinvestment Act (ARRA) of 2009. Mr. Lingle affirmed the $445,326 in CDBG Stimulus funds are supplemental to the City’s 2008 CDBG funds. The purpose of the funds is to jump-start the economy by instituting construction projects that are in a ready to go state. Mr. Lingle informed the Members that every possible effort has been made to move as quickly as possible to meet the City’s Citizen Participation Requirements, hold the public hearings, and make recommendations on projects to be funded that are Fourth Street Lighting and improvements to the Greenway Project. Mr. Lingle explained that, although there is no set schedule for how quickly the projects need to be submitted, if the application is submitted by May 15, 2009 then by July 1, 2009 HUD will notify the City whether it is allowed to proceed. From that date, the City has 120 days according to the Federal legislation to bid the project, and get the money obligated in the computer system. As a result, the City would be in a position to have construction started in September so that by the end of the Fall the projects should be completed. The Homeless Prevention and Rapid Re-Housing program (HPRP) is a new program for the City, and to date the City has not provided funds for actual housing and homeless prevention services. While the City may have provided funding for shelters, or transitional housing, it has not been involved in provision of services. The allocation is for provision of services funds only, and would be a new service for City residents. Restating the City tried to move quickly, Mr. Lingle confirmed that Requests for Proposals (RFP) were submitted, and proposals have been received from non-profit organizations to provide the services under the HPRP program. By September 30, 2009 the individual organizations, the services they will provide, and the budgets for the services must be specifically identified. The funds will be provided over the next three years, and the selected organizations will have three years to provide the services to the homeless and at-risk of being homeless individuals and families in the City. Mr. Lingle, restating that September 30 is the deadline date, reiterated that the City is trying to move quickly so that it can take advantage of the funding. There are other programs under the Federal Stimulus funds, and over a month ago the City applied for Neighborhood Stabilization Funds through the State. Mr. Lingle continued on to explain the funds are directly allocated to the City as long as the City applies for them.

Mrs. Belinski, noting the funding was advertised in the newspaper on February 25, questioned why the programs were not previously brought before Council. Ms. Woodward advised two public meetings were held for public participation as required under the plan. Mrs. Belinski inquired how many people attended. Ms. Woodward replied one person attended.Mrs. Belinski asked how the meetings were advertised. Ms. Woodward responded they were advertised in the Express-Times.

Mrs. Belinski, communicating it seems that the program is being pushed through at the last minute, acknowledged it is a good program and Council would not vote against it. However, Mrs. Belinski questioned why such matters are brought before Council at the last minute.

Ms. Woodward explained the Department is trying to work with the timeline it has, and pointed out it takes time to undertake the requirements under the program, and the Department has tried to push forward as quickly as it can. Ms. Woodward apologized that the information did not get to Council sooner.

Mrs. Belinski, stressing it seems that these items are brought to Council at the eleventh hour and Council is expected to vote on them, observed that Council should have had time to digest and discuss the programs but were not given that advantage.

Mr. Mowrer queried whether an advertisement was placed in the Morning Call.

Ms. Woodward responded the Department advertises in one newspaper and it was decided that it would be the Express-Times. Ms. Woodward continued on to explain that advertisements must be placed throughout the year and it becomes very costly.

Mr. Reynolds asked why it was felt the Fourth Street lighting and the Greenway were appropriate projects for the program.

Ms. Woodward responded the Department was looking for projects that were shovel ready, and the City had already committed CDBG funding in the past to both projects. Ms. Woodward continued on to advise it was a good opportunity to finish the Fourth Street lighting project, and to put additional funds towards the Greenway that will be under construction this Fall.

PENNVEST Financial Assistance Application for the Wastewater Treatment Plant

David Brong, Director of Water and Sewer Resources, affirming that a Resolution in support of the City’s grant application to PennVest is before City Council, informed the Members that the grant funding is available through the Federal government’s American Recovery and Reinvestment Act (ARRA) Stimulus funding and is being managed by PennVest at the State level through the revolving fund. In this grant package, projects that provide energy efficiency, including water systems, are being considered. The other requirement is that a project be shovel ready, and be awarded with notice to proceed by October 1, 2009. Mr. Brong added if those two criteria are met, there is a reasonable chance of being evaluated highly and obtaining grant funding. The City’s project, at a cost of $2 million, is for replacement of the ten surface areas of the Wastewater Treatment Plant that serve to deliver oxygen to the waste stream. The existing surface areas are beyond serviceability, and if the motors fail they can no longer be replaced. Mr. Brong advised this is a high priority project for the Wastewater Treatment Plant. Continuing on to say the new aerators have high efficiency drive trains and the speed can be controlled to match the loading required to be treated, Mr. Brong stated based on that the City has the ability to save on the order of magnitude of about $150,000 a year in electricity expense based on the energy efficiency assigned to the project. The projects must be submitted by May 18, 2009 and the Department is trying to get the packages prepared, engineered, and to the governing body. The Department will not know until the July meeting of the PennVest board.

Revising 2008 Annual Action Plan – Additional Community Development Block Grant (CDBG) Funds and Homeless Prevention and Rapid Re-Housing Program (HPRP) Funds

Dana Grubb, 2420 Henderson Place, said that, if he had not received the Agenda for tonight’s Council Meeting and noticed the Resolution for the amendments to the 2008 Action Plan, he would not have known about the public hearings. Mr. Grubb related he found out there was a public hearing scheduled this morning and that he was the only person at both of the public meetings. Mr. Grubb continued on to say although the legal advertising of the public meetings met HUD’s minimum requirements he thought that few if any of the Members of Council and the community knew about the proposal. Mr. Grubb stated he had a copy of the February 25 newspaper article, and thought there was an issue with the time compression on bringing the matter before Council. Commenting that both the Fourth Street lighting and Greenway projects are worthy projects to fund, Mr. Grubb expressed his disappointment that parks and recreational improvements were not included for existing City facilities. Mr. Grubb did not believe the process had to be compressed, and thought a lot more could have been done to involve the public. Mr. Grubb, noting that he made some recommendations at the public hearing this morning, stated every time there is a public hearing it should be posted on the City’s website. He continued on to say the public hearings would be more beneficial if they were scheduled in conjunction with City Council Meetings, and scheduling the public hearings at 10:00 a.m. is not conducive for many people to attend. Mr. Grubb stressed the idea is to include as many citizens as possible. Mr. Grubb said City Council should always be notified when the public hearings are scheduled. Observing there are some times when the timetable cannot be helped, Mr. Grubb pointed out that in this case there was knowledge on February 25 that an allocation was coming but yet it has to be done tonight. Mr. Grubb stressed that the process should have been better planned, and the public participation could have been handled much better so that the public had a chance to comment on the allocation of Federal stimulus dollars. Expressing the hope that in the future a much more inclusive initiative is undertaken on these types of issues, Mr. Grubb remarked that the taxpayers deserve it.

Eddie Rodriquez, 1845 Linden Street, recalled that he brought pictures for the Members of Council and discussed at several Meetings the matter of lighting that is dim throughout the City with the new lampposts that are being installed. Mr. Rodriquez said the lights are being knocked down by trucks and vehicles because they are too close to corners. Mr. Rodriquez expressed the hope that there are not the same problems with the Fourth Street lighting project. Mr. Rodriquez stated there is a growing problem with homelessness in Bethlehem, and funds should be allocated directly to helping these individuals. Mr. Rodriquez expressed he is particularly concerned with what is happening in the West Fourth Street and Wyandotte Street area and behind the Perkins restaurant with people who need assistance.

Bill Scheirer, 1890 Eaton Avenue, commented that the advertisements in the Express-Times are cheaper because of that newspaper’s circulation versus the Morning Call. Mr. Scheirer said the government needs to inform the citizens, and if there is any element of doubt it needs to err on the side of being more outreaching and inclusive, that is especially important for those who do not have Internet access. Mr. Scheirer felt that consultants should give their address when they speak.

Notification Requirements – Liquor License Transfers; Approving On-Going City Auctions

Mr. Scheirer expressed his support for Resolution 11 G requiring posting of liquor license transfers. Mr. Scheirer suggested that Resolution 11 D pertaining to on-line auctions could be revised to state that for any property valued over $1,000 a notice would be advertised once in at least one newspaper 30 days in advance of when the property shall be placed on-line for auction, instead of the proposed 10 days, so that citizens would not have to check so frequently.

Revising 2008 Annual Action Plan – Additional Community Development Block Grant (CDBG) Funds and Homeless Prevention and Rapid Re-Housing Program (HPRP) Funds

Mary Pongracz, 321 W. Fourth Street, expressed that Resolution 11 E, Revising 2008 Annual Action Plan – Additional CDBG Funds and Homeless Prevention and Rapid Re-Housing Program Funds, should be tabled since City Council and the public have not been informed. Stating that a public hearing should be held at a time that is most agreeable for the public, Ms. Pongracz stressed that 10:00 a.m. is not agreeable to the public. Ms. Pongracz communicated she cannot believe that City Council would vote to pass a Resolution dealing with information not yet received, and asserted it is being pushed through. Ms. Pongracz thought that a notice could be put on the doors at City Hall for people to see when they come to pay their taxes or go to the various Departments. Ms. Pongracz said she feels very strongly that the topic does not belong on this Agenda. Ms. Pongracz, noting she attended a meeting of the South Side Vision 2014 today and pointing out the Mayor and representatives of the Community and Economic Development Department were also in attendance, highlighted the fact that she could not have attended the 10:00 a.m. meeting this morning even if she would have known about it.

Public Notification; Use Permit Agreements - Recycling

Peter Crownfield, 569 Brighton Street, communicated that sometimes it requires hard work to reach out to notify the public. Mr. Crownfield, recalling that the earlier Greenway planning process was a good example of how well public notification can be done, noted it was publicized at meetings, on the City’s website, in newspapers, and through community groups. Mr. Crownfield thought that a list on the City’s website of upcoming meetings for a 30 day period would be useful, or people could subscribe to a list of upcoming meetings, or there could be an RSS feed on the website. Mr. Crownfield stressed that democracy depends on public process. Noting that over a year ago recommendations were made about incorporating recycling and solid waste requirements in Use Permit Agreements, Mr. Crownfield said that was not done for the Musikfest Use Permit Agreement as far as he knows. Advising that the EAC had unanimously approved of the various suggestions, Mr. Crownfield thought they should be implemented.

6. OLD BUSINESS.

A. Tabled Items

None.

B. Unfinished Business

1. Establishing Article 314 – Security Cameras
2. Gift of Real Estate – LVIP
3. Bill No. 28 - 2008 – Amending Zoning Ordinance – Various Sections
4. Establishing Article 1716 – Landmarks and Properties of Historical Interest

President Donchez, turning to Agenda Item 6 B 2, Gift of Real Estate – LVIP, confirmed that Members of Council received the memorandum from Tony Hanna with the Environmental Report last week. President Donchez stated that, with Council’s concurrence, the Resolution can be placed on the May 20 Agenda, unless there are further questions.

C. Old Business – Members of Council

None.

7. COMMUNICATIONS

A. City Council Solicitor – Proposed Ordinance – Prohibiting Use of Hand-Held Cell Phones

The Clerk read a memorandum dated April 20, 2009 from Christopher Spadoni, City Council Solicitor, to which was attached a drafted Ordinance prohibiting the use of handheld mobile telephones by a person operating a motor vehicle or other vehicle on a City street under certain terms and conditions.

President Donchez referred the matter to the Public Safety Committee.

B. Housing and Community Development Planner – Revised Annual Action Plan

The Clerk read a memorandum dated April 30, 2009 from Irene Woodward, Housing and Community Development Planner, to which was attached a Resolution to revise the City’s 2008 Action Plan for additional Community Development Block Grant (CDBG) funding, and to receive Homeless Prevention and Rapid Re-Housing funds through the Federal Government’s American Recovery and Reinvestment Act (ARRA) of 2009.

President Donchez stated that authorizing Resolution 11 E is on the Agenda.

C. City Solicitor – Street Vacation Ordinance – Portions of Marshall Street, Clinton Street and East North Street

The Clerk read a memorandum dated April 30, 2009 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Ordinance to effect the vacation of portions of Marshall Street, Clinton Street and East North Street in connection with the request of Nitschmann, LLC.

President Donchez stated that Bill No. 14 – 2009 is on the Agenda for First Reading.

D. Director of Water and Sewer Resources – PENNVEST Financial Assistance Application – Wastewater Treatment Plant

The Clerk read a memorandum dated May 1, 2009 from David L. Brong, Director of Water and Sewer Resources, requesting that City Council pass a Resolution to support a PENNVEST Financial Assistance Application for stimulus funds for the work required to upgrade the existing aerators with more efficient units and by adding a Dissolved Oxygen Control System Aerator Tank Upgrade Project for the City of Bethlehem’s Wastewater Treatment Plant. The deadline for the submission of the grant application is May 18, 2009, and it was requested that City Council consider adopting the Resolution at its May 5, 2009 Meeting.

President Donchez stated that authorizing Resolution 11 H is on the Agenda.

8. REPORTS

A. President of Council

1. Councilmanic Appointment – LauraLynne Burtner – Environmental Advisory Council

President Donchez appointed LauraLynne Burtner to membership on the Environmental Advisory Council effective until January 2010, to fill the unexpired term of Kim Schaffer who resigned. Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-91 to confirm the appointment.

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

Federal Stimulus Funding – Update

President Donchez advised that he had asked the Mayor to give a brief presentation on the Federal Stimulus funding that the City will receive.

B. Mayor

Art Exhibit – Town Hall Rotunda – Art from City Offices

Mayor Callahan denoted that works of art from various offices in City Hall are on display in the Town Hall Rotunda, and a press conference on the exhibit was held today. Mayor Callahan advised that Beverly Hoover, a member of the Fine Arts Commission, along with Meg Holland, City Controller, undertook the laborious project that involved cataloging the works of art in City Hall. The artwork has been estimated at $1.5 million. Mayor Callahan added that a reception will take place on Thursday.

Federal Stimulus Funding – American Recovery and Reinvestment Act (ARRA)

Mayor Callahan, commenting the City has not previously been in a position of receiving this amount of Federal and State funds, some with vague guidelines and criteria, and a strict timeline for completion, communicated many governments are in the same situation of having to scramble to get the dollars out of the door in an effective way. Mayor Callahan stated that, while the City may have known the total amount of additional CDBG funding it would receive, the City did not know the guidelines and criteria for the additional allocation. Mayor Callahan informed the assembly it was not until a week and a half ago that there was an internal meeting with the HUD representative about how the dollars could be spent. No funding could go towards administration, and there were timelines for submission and expenditures. Mayor Callahan continued on to advise the City had to pick projects that were shovel ready or in the process of being completed. Consequently, the Administration tried to pick projects for which City Council has already allocated CDBG funding or bond dollars, given the time limits. Mayor Callahan, communicating he takes some of the suggestions to heart, said the timing of the public hearings could have been better in terms of the time of the day, and acknowledged it costs nothing to publish meetings on the City’s website and a better job should be done of that. Mayor Callahan affirmed the Administration has listened and will make those adjustments. Mayor Callahan, communicating these are unprecedented times, stated the Administration is doing the best to deal with the matters on a timely basis and with respect to City Council.

Mayor Callahan notified the assembly he has had numerous meetings with Mayors from across the country in the East Room with the President of the United States, and the Vice President, meetings with the Governor in the Governor’s mansion, State-wide conference calls with Senator Casey, and personal meetings with Senator Specter on the Federal Stimulus package to make sure the City and its projects are given priority. In addition, the Mayor noted he has had meetings with Pennsylvania Secretary Creedon. Mayor Callahan advised the City is informed, and has been allocated approximately $3.2 million in Stimulus funds, and enumerated the funding, as follows: $172,000 from the JAG Grant, $449,000 in CDBG funds, $687,000 for Homeless funding, $702,000 for Energy Conservation, and $1.2 million of additional funding from PennDot for overlays. Mayor Callahan continued on to note that the PennVest funding is in the form of both grants and loans, and the request centers around the City’s Wastewater Treatment Plant. In addition, H2O grants have been applied for and will be allocated through the Commonwealth Financing Association, and the hope is to get as many water and wastewater projects funded as possible. Mayor Callahan informed the assembly that $223 million has come to Pennsylvania for water and wastewater system improvements. He stated the City has many projects that meet the criteria and hopefully will receive consideration.

Mayor Callahan notified the assembly that the Administration has formed a Stimulus Committee, and Darlene Heller, Director of Planning and Zoning, has been selected to head the group. The other committee members are Irene Woodward, Housing and Community Development Planner, Donna Albright, Grants Coordinator, Mark Sivak, Budget Analyst, Ralph Carp, Parks and Public Property Director, Jody Reppert, Business Manager for Parks and Public Property Department, Randy Miller, Police Commissioner, Diane Bachman, Business Manager for Public Works Department, Carey Ruhf, Water and Sewer Resources Department, George Barkanic, Fire Commissioner, Attorney Joseph Kelly, Assistant City Solicitor, Judi Maloney, Health Bureau Director, and Jessica Lucas, Health Bureau. The committee has met three times, there is a shared file on the City’s system, and the purpose of the committee is allow each department to exchange information and obtain updates on stimulus grants. Mayor Callahan added that most of the components of the stimulus package have a use it or lose it scenario. Mayor Callahan stated the Governor and the President have made it clear they will hold individuals accountable for appropriation of the funding.

Police Department

Randy Miller, Police Commissioner, advised the Department has applied for the Justice Assistance Grant (JAG) listed under Resolutions this evening in the amount of $172,216. The JAG is an existing grant but the stimulus money has provided a significant increase in the grant amount. The JAG will be used for school and parks overtime, bicycle uniforms and equipment, computers, and mounted police unit. The Department is working on an Edward Byrne competitive grant in the amount of $363,000 for 2 additional 911 Dispatchers and civilian crime analyst. It is a 3 year grant with no matching requirement. The Department is also seeking a COPS hiring recovery program to fund open positions in manpower increases planned for 2009 and 2010, and it is not known at the present time how many officers would be awarded. The Department is applying for a COPS Secure Our Schools grant in the amount of $185,000 in cooperation with the Bethlehem Area School District to fund cameras around Liberty High School, and to tie in the existing camera system with those inside middle and high schools in the event of a major incident requiring police intervention.

Public Works Department

Michael Alkhal, Public Works Director, stated that $27.5 billion was allocated under ARRA for highway infrastructure. Pennsylvania received about $1 billion, the funding was distributed according to population, and the region received about $34 million. The Department was been working with PennDot over the last 4-6 weeks on submitting projects that had to be shovel ready, the funding has to be spent within 12 months, and the State set a goal of 6 months. The City has to get the projects to construction by August, and consequently the projects consist of those that involve milling and paving of streets, upgrading ADA ramps, and line painting. The funding of about $1.2 million of the City’s projects will be used for Broad Street from the bridge west of Main Street to the City line with Allentown, and Pennsylvania Avenue from Broad Street to the railroad south of Pinehurst Road.

Parks and Public Property Department

Ralph Carp, Director of Parks and Public Property, noted the City has been appropriated $702,000 through ARRA for energy efficiency and conservation measures. Mr. Carp affirmed this evening he distributed to the Members of Council a memorandum outlining the program. Mr. Carp explained the Department is working on developing an energy efficiency and conservation strategy, leveraging funding through performance contracting on retrofitting of different projects through a facilities assessment, and feasibility study with an outside firm. The Department will work with the Community and Economic Development Department on ongoing projects.

Mr. Mowrer, commenting that the Administration has worked hard in trying to put together a program that makes sense, said his only area of concern is the programs that run for 3 years with personnel and it is unknown how the City would address continued costs.

Mayor Callahan explained the COPS program funding allocation is a 100% match for 3 years. Since the City has been ramping up its public safety manpower efforts in preparation for the casino, the City will be hiring the officers that were committed to be hired in 2009 and 2010 and they will be funded with Federal dollars for the first three years. Afterwards, there will be the opportunity to make adjustments after reviewing the impacts of the casino.

President Donchez pointed out that he attended a meeting for his job with State Representative Joe Brennan at which the Mayor was also present about concerns that there was not enough stimulus funding for urban core cities, and he is glad to see that has changed. President Donchez noted many of the programs are coming up quickly with very strict guidelines and a short timetable, and the projects have to be shovel ready.

C. Community Development Committee

Mr. Schweder, Chairman of the Community Development Committee, presented an oral report of the meeting that was held April 30, 2009 at 7:00 PM in Town Hall. The Committee unanimously recommended that City Council adopt a Resolution to require the posting of properties for Liquor License Transfer Requests, and Economic Development Plans and Studies. The Committee reviewed a proposed Amendment to Zoning Ordinance Article 1325.04 - Zoning Hearing Board - Notification Requirements. The Committee agreed to retain the present requirement to notify property owners within 300 ft. of the property in question, rather than 500 ft.; and, to add a provision to notify a minimum number of at least 15 residential properties closest to the property in question in the event such owners are not within the 300 ft. radius. The additional language will be drafted and forwarded to City Council, and the required Public Hearing will be scheduled.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 11 – 2009 – Amending Article 107 – Departments of Administration, Parks and Public Property, and Public Works

The Clerk read Bill No. 11 – 2009 – Amending Article 107 – Departments of Administration, Parks and Public Property, and Public Works, 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 ARTICLE 107 – DEPARTMENTS

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. Bill No. 11 - 2009 was declared passed on First Reading.

B. Bill No. 12 – 2009 – Amending Article 109 – City Treasurer – Bond and Insurance

The Clerk read Bill No. 12 – 2009 – Amending Article 109 – City Treasurer – Bond and Insurance, 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 ARTICLE 109 – CITY TREASURER

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. Bill No. 12 - 2009 was declared passed on First Reading.

C. Bill No. 13 – 2009 – Amending Article 111 – City Controller – Bond Required

The Clerk read Bill No. 13 – 2009 – Amending Article 111 – City Controller – Bond Required, 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 ARTICLE 111 – CITY CONTROLLER

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. Bill No. 13 - 2009 was declared passed on First Reading.

D. Bill No. 14 – 2009 – Street Vacation – Portions of Marshall Street, Clinton Street and East North Street

The Clerk read Bill No. 14 – 2009 – Street Vacation – Portions of Marshall Street, Clinton
Street and East North Street, sponsored by Mr. Reynolds and Mr. Leeson, and titled:

AN ORDINANCE AUTHORIZING THE VACATION,
DISCONTINUANCE AND STRIKING FROM THE CITY'S
GENERAL PLAN OF STREETS OF A PORTION OF
MARSHALL STREET, A PORTION OF CLINTON STREET
AND A PORTION OF EAST NORTH STREET, ALL IN THE
FIFTEENTH (15TH) WARD OF THE CITY OF BETHLEHEM,
COUNTY OF NORTHAMPTON, PENNSYLVANIA.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. Bill No. 14 - 2009 was declared passed on First Reading.

11. RESOLUTIONS

A. Authorizing 2009 Edward Byrne Memorial Justice Assistance Grant (JAG)

Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-92 that authorized the Mayor to execute the documents for the 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $354,538, of which $172,216 is allocated to the City of Bethlehem to be used by the Police Department for School and Parks Overtime, to purchase bicycles, uniforms and equipment, computers, and for reinstatement of the Mounted Patrol Unit (Horses for Police Department). The remaining funds are allocated to several other Northampton County municipalities.

Mr. Reynolds, commenting this is something that a lot of people want and will be a real benefit to the City, reiterated his support for the project.

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

B. Adopting Addendum to Parks and Recreation Plan – 2007

Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-93 that adopted the Addendum to the Parks and Recreation Plan – 2007 dated April 1, 2009 submitted by the Recreation Commission, and incorporated the Parks and Recreation Plan, as amended, into the 2008 Comprehensive Plan (Resolution 2009-54).

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

C. Authorizing Use Permit Agreement for Public Property – Has Anyone Seen My Balloon?

Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-94 that authorized the Mayor and Controller to execute a Use Permit Agreement with Richard Scott Kelly for the use of City property for a hot air balloon take off from June 1, 2009 to May 31, 2010.

Mr. Mowrer noted it is a wonderful experience to see the City while riding in a balloon.

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

D. Approving On-Going Auctions – City Personal Property

Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-95 that authorized the Administration to maintain an on-going, on-line auction for certain City personal property separate from and in addition to any one day auctions, in order to take advantage of technological changes, and in accordance with the procedure specified in the Resolution.

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

E. Revising 2008 Annual Action Plan – Additional CDBG Funds and Homeless Prevention and Rapid Re-Housing Program Funds

Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-96 that revised the 2008 Annual Action Plan as part of the process to receive Homeless Prevention and Rapid Re-Housing Program funds in the amount of $687,480 and additional Community Development Block Grant funds in the amount of $445,326 through the American Recovery and Reinvestment Act of 2009.

Mr. Schweder recounted that two weeks ago there was a discussion about the after the fact treatment of City Council. Mr. Schweder continued on to relate, at that time, he had observed if it had been the first, second, third time, etc. it had happened it might be understandable. However, Mr. Schweder stated little did he realize the same thing would occur two weeks later in terms of procedure. Mr. Schweder remarked that the additional informational materials the Members of Council were given to digest were delivered at almost 4:30 p.m. this afternoon and did not allow Council sufficient time to review. Focusing on the fact that the public hearing was held at 10:00 a.m. this morning, Mr. Schweder recalled one of the first Committee meetings he had scheduled when he became a Member of Council was at 8:00 a.m. that was convenient for his schedule and that of the Committee members. However, Mr. Schweder advised that the President of Council pointed out to him that 8:00 a.m. was not a convenient time for the public, and he did not schedule another Committee meeting at a time other than in the evening. Observing that the public meeting was not advertised on the City’s website, Mr. Schweder pointed out that the Pennsylvania League of Cities is lobbying to have the Legislature remove the requirement to advertise in a newspaper and allow advertising on the Internet. Mr. Schweder, while acknowledging that the proposals are very meritorious, and noting that two weeks ago he said he would vote for those proposals despite what he thought about the process, communicated he is at the point where he is going to vote against this Resolution tonight regardless of the content because it seems to him that the citizens of the City and City Council do matter. Mr. Schweder, noting that two Members of Council work for the Pennsylvania House of Representatives, highlighted the fact that the Representatives for whom they work voted in the previous session to do away with the process that is occurring now by not permitting things to come in a late fashion, and to provide time for review and public input. Mr. Schweder commented it would seem appropriate that Council would at least consider doing the same thing.

Mr. Reynolds noted about three weeks ago he had conversations with the Mayor and Mr. Hanna to ask about some of these issues. He was told at the time that the Administration was not aware yet of the details on how the City could spend the stimulus money. Mr. Reynolds affirmed that an email was received from Ms. Heller that the DCNR Grant on which Council had voted at the April 21, 2009 City Council Meeting had not been previously executed. Mr. Reynolds advised that he and President Donchez have heard at the South Side Task Force meetings that citizens on the South Side have been constantly asking about continuation of the lighting project on Fourth Street. Mr. Reynolds added that the proposal is also for money that is needed for the Greenway project on the South Side. Mr. Reynolds, recollecting this past winter the City was questioned about providing assistance to the homeless, highlighted the fact that the Administration took it upon themselves with this opportunity to apply for stimulus funding for homeless assistance services. Mr. Reynolds thought the idea that Council would not want to support the projects was ludicrous. Mr. Reynolds, communicating he is not the only Council Member who has asked questions on what the stimulus funding could be spent, restated that several Department Heads did not know yet what the parameters were. In addition, Mr. Reynolds noted there have been numerous articles in the newspaper, and President Obama has spoken about the economic stimulus package. Mr. Reynolds stated that in his job at the State Representative’s office the question was asked many times and it was not known what the details would be along with the parameters as to how the stimulus money could be spent.

Mrs. Belinski wondered why a meeting could not have been scheduled prior to tonight’s Council Meeting to provide a more in-depth explanation.

Mr. Schweder, restating that all the projects are very meritorious, remarked that the process has broken down and needs to be fixed.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 5. Voting NAY: Mr. Schweder, 1. The Resolution passed.

F. Certificate of Appropriateness – 110 East Third Street

Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-97 that granted a Certificate of Appropriateness to install signage and replace the rear door at 110 E. Third Street.

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

G. Amending Notification Requirements – Liquor License Transfers – Community and Economic Development Plans and/or Studies

Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-98 to require that in addition to the provisions under Resolution No. 15,083 to notify all property owners within 500 feet of a submission, the following additional written certification must be provided to City Council for liquor license transfer requests and the approval of community and economic plans and/or studies: A Certificate shall be submitted in writing that the affected property was posted at three conspicuous locations upon the premises with such posting to include a summary of the submission, indicate where such documentation may be reviewed in detail during normal business hours, and shall further advise as to the date, time and place for the consideration by the City.

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

H. Authorizing PENNVEST Financial Assistance Application – Wastewater Treatment Plant

Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-99 that authorized the submission of a Financial Assistance Application to the Pennsylvania Infrastructure Investment Authority (PENNVEST) for the purpose of financing all work required to upgrade the existing aerators with more efficient units and by adding a Dissolved Oxygen Control System at the City’s wastewater treatment plant, located within the City of Bethlehem. The project also includes structural upgrades to the existing aeration tanks to support the new construction and a replacement of the handrail system; and designating the Mayor, and Controller to execute and sign all certifications and documentation required in connection with the PENNVEST Financial Assistance Application.

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

12. NEW BUSINESS

Rescheduling Second Meeting in May – May 19 to May 20, 2009

Mr. Reynolds and Mrs. Belinski moved to reschedule City Council’s second Meeting in May to Wednesday, May 20 from Tuesday, May 19 which is Primary Election Day.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. The motion passed.

13. COURTESY OF THE FLOOR

Zoning Hearing Board Meeting – Notification Not Sent

Ellen Kraft, 266 West Fairview Street, noted she is also an Attorney with offices at 3400 Bath Pike in Bethlehem. Ms. Kraft stated she is at the Meeting tonight on behalf of the residents of the 200 block of West Fairview Street because at the April 22, 2009 Zoning Hearing Board meeting, the Board approved a variance and a special exception for 271 West Fairview Street that is a single residential lot. Ms. Kraft informed the Members that she will distribute copies of the City Tax Map of the property in question, along with photographs. Ms. Kraft explained that Mr. Atiyeh is redeveloping the former Silk Mill building into loft apartments and needed to get a variance and special exception in order to put a parking lot at 271 West Fairview Street with ingress and egress onto West Fairview Street. Ms. Kraft informed the Members that none of the residents on the North Side of Fairview Street, located merely 75 ft. across from the lot in question, received notice of the April 22, 2009 Zoning Hearing Board meeting. Ms. Kraft, noting she talked to John F. Spirk, Jr., Esq., City Solicitor, earlier this evening, advised that Attorney Spirk indicated to her that apparently it was an oversight. Counsel for Mr. Atiyeh faxed something to the City and it did not include any of the residents on the North side of the street. Ms. Kraft, acknowledging she realizes this is not the jurisdiction of City Council, and adding she will file an appeal if necessary, expressed the hope that Members of Council and perhaps the Solicitor will join the petitioners in either having a re-hearing of the issue or in filing an appeal of the Zoning Hearing Board decision when it is rendered. Ms. Kraft pointed out that a lot of time, money, and personal attention have been spent on that end of West Fairview Street to try to make it a very nice, family, residential neighborhood. She continued on to say the residents work with Moravian College on student-related issues, and have participated in the Properties of Merit program. Further advising that Mulberry Street between West Frankford Street and West Fairview Street was vacated in 1999 and is directly across from the lot in question, Ms. Kraft informed the Members one of the primary reasons for closing the street section was because it had become a haven for drug dealing at night where cars would line up, get the drugs, and drive off. Highlighting the fact that the bottom section of West Fairview Street has become very nice, very quiet and peaceful area, Ms. Kraft expressed disbelief that the City would approve of this type of zoning for a single residential lot that is totally out of character for the neighborhood.

Mr. Schweder, referring to the item on the Community Development Committee agenda of the April 30 meeting on notification requirements, said he was under the assumption that the notification list was assembled by the City Department but not the developer. Mr. Schweder, commenting it needs to be found out how there was an oversight, observed that several blocks would have to be notified under the current law.

Ms. Kraft advised the entire South side of West Fairview Street was notified but no one on the North side of West Fairview Street was notified.

President Donchez stated that Attorney Spadoni will research the matter.

Pedestrian Crossings

John Ladics, 1527 Kaywin Avenue, said he is at the meeting on behalf of Holy Infancy Church at Fourth and Taylor Streets, where there is East-West traffic on Fourth Street, and Taylor Street is a crosswalk for pedestrians. Mr. Ladics, advising there are four signs for pedestrian crossings posted at each corner located in the streets on double yellow lines, stressed no one cares about the pedestrians. Mr. Ladics informed the assembly that when he stepped into the street the car coming did not stop. Mr. Ladics wondered whether a sting operation could be conducted so that people are made aware that pedestrians have the right to cross the street where it is safe.

President Donchez asked that Police Commissioner Miller and Mr. Alkhal review the intersection.

Street Lights

Louise Valeriano, 3114 East Boulevard, notified the assembly that the area outside of the West gate of the City Garage is very dark, and one has to look towards Church Street to see if there are headlights coming. Ms. Valeriano questioned why the street lights are not lit.

Michael Alkhal, Director of Public Works, advised the lights are old, there are some problems with underground wiring and there have been some shorts, so the lights continue to go out. As a permanent solution, the plans are to install conduit, and it will take some time to have the lights back in operation.

Ms. Valeriano informed City officials that in the 1100 block of East Fourth Street there is a pole on the north side of the street directly across from the entrance to Shaw Street on which the light has been out for months, and added the light next to it is also out. Ms. Valeriano explained the difficulty seeing vehicles because of the fact that the street lights are not working. Ms. Valeriano affirmed that residents have called the City several times, and she also has called, but the lights are still out. Ms. Valeriano continued on to say she was told that the numbers on the pole must be given to the City. Ms. Valeriano asked how the situation can be corrected.

President Donchez noted that Mr. Alkhal would check the matter.

Pedestrian Crossings

Dana Grubb, 2420 Henderson Place, referring to the comments made earlier by John Ladics, stressed that the issue concerning the walkability of the City is vehicular traffic and the disrespect shown to pedestrians by drivers. Mr. Grubb thought that traffic stings are necessary to be conducted for speeding and pedestrian crossings, and also for littering. Mr. Grubb asserted that a message needs to be sent if the City wants to retain its quality of life, and if people are to feel safe when walking throughout the City. Mr. Grubb, highlighting another issue of where pedestrians cross, pointed out that at Liberty High School students do not cross at the pedestrian walkways. Mr. Grubb thought that tickets should be issued, rather than giving warnings, so that people feel safer when walking around the City.

Mr. Reynolds commented that the color of the paint in the crosswalks along with the checkered design have made an improvement. Mr. Reynolds commented that one of the problems with the sting operation is that a district justice may throw out the charge or may take the side of a driver. However, Mr. Reynolds stated that he certainly wished something could be done about the matter.

Stimulus Funding; Pedestrian Crossings

Dean Bruch, 555 Spring Street, expressed that one of the things the City should do with the stimulus money is to pay down some debt. Acknowledging the State may not allow that to be done, Mr. Bruch pointed out that some of the things were mandated on the City by the State. Mr. Bruch, agreeing with the comments made about pedestrians, explained that when he has stopped for a pedestrian, the car next to him did not stop. Mr. Bruch related that in the past school crossing guards took their jobs very seriously, wore uniforms, and had the responsibility to report people who did not obey the rules. Mr. Bruch noted he listened to a television program on which the Lehigh County Executive was addressing stimulus money, and people are confronted with the problem that they are not told when, what, or how they can go about getting the stimulus money and the purposes for which it can be used.

Various Issues

Eddie Rodriquez, 1845 Linden Street, stressed that drug activity is definitely increasing in the City, there are severe problems in the City, and outside people are coming in. Mr. Rodriquez did not think that enough is being done about the problem. Stating that one cannot talk directly to individuals within the Police Department since one frequently gets an answering machine, Mr. Rodriquez queried to whom can these problems be addressed. Mr. Rodriquez explained that he along with others have been shown a lack of respect when calls have been placed to the House Sergeant desk. Mr. Rodriquez exclaimed it is true that motorists do not respect pedestrians, and agreed in particular with the comments made earlier about Fourth Street and Taylor Street at Holy Infancy Church. He further agreed that some students at Liberty High School do not walk across the street in the crosswalk area. Mr. Rodriquez asserted that the street light referenced earlier at Shaw Street has been out for years. Mr. Rodriquez pointed out that the security camera in the Five Points area is in the wrong place, and only two of the five intersections can be viewed.

Five Points Traffic Plan; City Vehicles

Terry Meixell, 56 East Goepp Street, stating he met with Frank Barron, Traffic Engineer, about the Five Points traffic plan, said he found out the original proposal has been revised and expressed the hope that when the plan has been finalized there will be two more meetings for the public to view the final plan. Mr. Meixell said he likes the current traffic pattern at the intersection of Wyandotte Street and Third Street that was put in place due to the painting of the Hill to Hill Bridge where the left turn onto Third Street has been eliminated. Mr. Meixell thought that the Third Street ramp should be made one way permanently, and the light eliminated, to stop the traffic bottleneck. Mr. Meixell noted he was told he would be invited to the meetings with PennDot and the City but has not yet been invited, and added he has forwarded some suggestions to PennDot. Mr. Meixell advised he has seen a City pickup truck at Liberty High School in the afternoon.

Procedural Protocol – Revising 2008 Action Plan

Mary Pongracz, 321 West Fourth Street, stressed she resents the use of the word ludicrous, and continued on to state no one said they are opposed to the projects but rather the opposition is related to the proper protocol not being followed. Ms. Pongracz affirmed that her opposition was not to the project but to the proper protocol not being followed, and there was not adequate participation on the part of the community.

Polk Street – Sinkhole Repair

Stephen Antalics, 737 Ridge Street, commented that Polk Street between Packer Avenue and Fifth Street is rarely traveled, although he travels on it frequently. Mr. Antalics said he had noticed a sinkhole and today the street was paved, and commended the responsive action of the City.

Procedural Protocol – Revising 2008 Action Plan

Thomas Carroll, 248 East Union Boulevard, thought Mr. Schweder was correct in calling into question the process. Mr. Carroll stressed that elected representatives have a responsibility to protect the rights and liberties of citizens. Highlighting the fact that Council just voted to spend a lot of money because it is there and if it is not spent it will not be there, Mr. Carroll remarked that the Members became accomplices in generational theft.

Campaign Signs

Bill Scheirer, 1890 Eaton Avenue, observed that a campaign yard sign on public property shows a disrespect for the law. Mr. Scheirer, while questioning why the law is not enforced, pointed out it is hard to determine who put a sign on public property. Mr. Scheirer proposed that the campaign should be made responsible for the signs, and make the fine $10. Mr. Scheirer further proposed that the Public Works Department could be directed to remove signs found on public property, the number of signs from each campaign counted, and the tally released by stating the certain number of signs from each campaign that were removed from public property. Mr. Scheirer asked for a response.

Mayor Callahan, agreeing it is unfortunate that campaign signs are put on public property, communicated he would not use taxpayer dollars and the time of City employees in the manner proposed. However, Mayor Callahan highlighted the fact that when City crews cut the grass the signs are removed.

The meeting was adjourned at 9:10 p.m.