Council MInutes

June 2, 2009

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, June 2, 2009 – 7:00 PM

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

President Donchez called the meeting to order. Reverend Hillary Raining, of Trinity Episcopal 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.

4. APPROVAL OF MINUTES

The Minutes of May 20, 2009 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. Bill No. 28 - 2008 – Amending Zoning Ordinance – Various Sections
3. Establishing Article 1716 – Landmarks and Properties of Historical Interest

C. Old Business – Members of Council

None.

7. COMMUNICATIONS

A. Director of Water and Sewer Resources – Application for Financial Assistance from PennVest – Wastewater Treatment Plant

The Clerk read a memorandum dated May 27, 2009 from David L. Brong, Director of Water and Sewer Resources, requesting that City Council pass an amended resolution to support the PennVest Financial Assistance Application for stimulus funds in the amount of $3,195,000 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 at the City of Bethlehem’s Wastewater Treatment Plant. Also attached and as presented at the Finance Committee on May 21, 2009 in conjunction with the PennVest Application was the Letter of Responsibility that is required to be sent to the Pennsylvania Infrastructure Investment Authority for financial assistance in the amount of $3,195,000 for improvements to the sewage treatment system. The Letter of Responsibility is a loan application and subsequent approval to incur debt in the amount of $3,195,000. Should the loan be offered by the Pennsylvania Infrastructure Investment Authority and accepted by the City, the City must execute a General Obligation Note. There is not an option on the PennVest Application to request that the funding, if provided, be in the form of a grant or a loan. The City reserves the right to refuse any form of loan funding without penalty.

President Donchez stated that Resolution 11 C is listed on the Agenda.

B. Housing and Community Development Planner – Resolutions for Redevelopment Assistance Capital Program

The Clerk read a memorandum dated May 28, 2009 from Irene Woodward, Housing and Community Development Planner, to which were attached proposed Resolutions for various organizations to receive Redevelopment Assistance Capital Program (RACP) Funding through the Commonwealth of Pennsylvania. The City must act as the applicant under the program, there will be no financial commitment on the City’s part, but it will be necessary for the City to act as a pass through for the funds. The organizations proposed to receive funding are: ArtsQuest and PBS 39 - $12.5 million; Ashley Development - $300,000; Lehigh University - $1 million; Majestic - $1 million; Ben Franklin - $2.8 million; HRP Management - $1.25 million; and Northampton Community College - $100,000. The Resolutions authorize the submission of the application as well as authorizing the preparation of a cooperation agreement between the City and each of the organizations for the pass through of funds and the assignment of administrative requirements under the RACP to the respective organizations.

President Donchez referred the matter to the Community Development Committee.

8. REPORTS

A. President of Council

None.

B. Mayor

C. Finance Committee

Joseph F. Leeson, Jr., Chairman of the Finance Committee, gave an oral report of the meeting that was held on Thursday, May 21, 2009 on the following subjects: Transfer of Funds – 911 Fund Budget; Utilization of Savings – Sewer Capital Budget – Stream Flow Monitor; Transfer of Funds – Sewer Fund Budget – Professional Services; Amending Golf Course Enterprise Fund Budget – Equipment Purchase; Amending General Fund Budget – Health Bureau Grants; Amending Liquid Fuels Fund Budget – 2009 Allocation; Amending Non-Utility Capital Budget: (A) Parks/Playground Improvements, (B) Union Boulevard – Safety Improvements, (C) TANF Program – Repayment; Amending Community Development Budget – Year End Adjustments; and PennVest Application - $3,195,000 – Wastewater Treatment Plant Improvements. The Committee requested that David Brong, Director of Water and Sewer Resources, amend the PennVest Application indicating that if a loan is offered to the City in whole or in part that the City reserves the right to decline the loan, if it so chooses at that time.

D. Human Resources and Environment Committee

J. William Reynolds, Chairman of the Human Resources and Environment Committee, gave an oral report of the meeting that was held on Tuesday, June 2, 2009, prior to the City Council Meeting, on the following subjects: Law Bureau – Addition of Legal Assistant Position; and, Traffic Maintenance Bureau – Addition of Traffic Technician Assistant. A memorandum will be sent to the Controller.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 15 – 2009 – Amending General Fund Budget – Health Bureau Grants

The Clerk read Bill No. 15 – 2009 – Amending General Fund Budget – Health Bureau Grants, sponsored by Mr. Leeson and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA,
AMENDING THE GENERAL FUND BUDGET FOR 2009.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 15 - 2009 was declared passed on First Reading.

B. Bill No. 16 – 2009 – Amending Liquid Fuels Fund Budget – 2009 Allocation

The Clerk read Bill No. 16 – 2009 – Amending Liquid Fuels Fund Budget – 2009 Allocation, sponsored by Mr. Leeson and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE LIQUID FUELS FUND BUDGET FOR 2009.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 16 - 2009 was declared passed on First Reading.

C. Bill No. 17 – 2009 – Amending Non-Utility Capital Budget – Parks/Playground Improvements, Union Boulevard – Safety Improvements, TANF Program – Repayment

The Clerk read Bill No. 17 – 2009 – Amending Non-Utility Capital Budget – Parks/Playground Improvements, Union Boulevard – Safety Improvements, TANF Program – Repayment, sponsored by Mr. Leeson and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2009 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. 17 - 2009 was declared passed on First Reading.

D. Bill No. 18 – 2009 – Amending Community Development Budget – Year End Adjustments

The Clerk read Bill No. 18 – 2009 – Amending Community Development Budget – Year End Adjustments, sponsored by Mr. Leeson and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE COMMUNITY DEVELOPMENT BUDGET FOR
2009.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 18 - 2009 was declared passed on First Reading.

11. RESOLUTIONS

A. Authorizing Execution of Intergovernmental Cooperation Agreement - Municipal Utility Alliance Electricity Procurement Program

Mrs. Belinski and Mr. Leeson sponsored Resolution No. 2009-111 that authorized the execution of a Joinder to the amended and restated Intergovernmental Cooperation Agreement dated April 7, 2009, according to the terms and conditions of the Agreement, for the purpose of bidding and purchasing certain utility products and services as designated in the Agreement.

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

B. Authorizing Use Permit Agreement – 2009 Borinquenfest

Mrs. Belinski and Mr. Leeson sponsored Resolution No. 2009-112 that authorized the execution of a Use Permit Agreement between the City and the Puerto Rican Cultural Coalition of Bethlehem, for use of City property for the 2009 Borinquenfest for the time period June 14, 2009 through June 25, 2009.
Ms. Dolan noted that, in response to questions raised at the May 20, 2009 City Council Meeting regarding insertion into Use Permit Agreements of recycling requirements for festivals, correspondence was received from Christopher Spadoni, City Council Solicitor, and from John F. Spirk, Jr., Esq., City Solicitor. Ms. Dolan stated it was Attorney Spadoni’s opinion that insertion of language would be acceptable. Ms. Dolan continued on to state Attorney Spirk’s opinion was that the language was not necessary from a legal perspective because the City’s law already requires persons running activities on public property to recycle. Ms. Dolan further commented that Attorney Spirk’s memo affirmed that in the Use Permit Agreements under the heading, Compliance with Law, permittees must be in compliance with all ordinances and regulations of the City. Ms. Dolan said that in his memo, Attorney Spirk pointed out that the issue of whether to add the broader requirements regarding erosion control, use of environmentally friendly products, etc. that were inserted into the Little League permits last year and that are proposed to be added to all Use Permits is more a policy question than a legal one. Asking when and how this should be done, Ms. Dolan stated she would certainly like to see language added to the Use Permit Agreements. She communicated that not everyone who runs every festival will be familiar with every single law, and only recently has there been discussion about enforcing it and has it been easier to recycle. Ms. Dolan observed that when there are not recycling facilities at events it is often the public who will inquire about how they should recycle.

Motion – Amending Use Permit Agreement – 2009 Borinquenfest

Ms. Dolan asked whether she should offer an amendment to this specific Use Permit Agreement, and deal with the other Use Permit Agreements in the future as a separate amendment. Attorney Spadoni responded in the affirmative. Ms. Dolan moved that the language contained in Attorney Spadoni’s memorandum dated May 21, 2009 under the heading, Environmental Protection/Energy Conservation/Compliance with Law, be added to the Use Permit Agreement for the 2009 Borinquenfest. Mr. Leeson seconded the motion. The language to be added follows:

Environmental Protection/Energy Conservation/Compliance with Law

Lessee must at all times incorporate best management practices in Lessee’s operations as it relates to environmental protection and energy conservation. The best management practices would include full and complete compliance with state and/or local regulatory and/or non-regulatory guidelines for the management of, but not limited to, recycling, soil pollution, erosion control, energy saving applications, energy conservation, and use of environmentally friendly products. Lessee shall fully and completely comply with all ordinances, policies, rules and/or regulations of the City of Bethlehem, and all state and federal laws, rules and regulations pertaining to the premises utilized herein and the uses thereof, and shall obtain all required permits. City shall have the authority to enforce the ordinances of the City and laws of the Commonwealth of Pennsylvania at the premises during the term of Use Permit Agreement.

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

Mrs. Belinski commented she has been informed that the Parks and Public Property Department has already distributed recycling containers.

Ralph Carp, Director of Parks and Public Property, affirmed there is a recycling program at the Monocacy Complex along Illick’s Mill Road that includes the baseball fields, Municipal Golf Course, and Ice Rink.

President Donchez stated that, if the Administration does not make a change in the other Use Permit Agreements, then City Council could amend them as is being done now when they come before Council.

Voting AYE on Resolution 11 B, as Amended: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The Resolution, as amended, passed.

Amending All Use Permit Agreements - Environmental Protection/Energy Conservation/ Compliance with Law

Mr. Leeson observed that, in light of the vote on this issue, support for the change appears to be very strong. Rather than revisiting the issue in the future, Mr. Leeson wondered whether it would be appropriate for Council to consider a motion to mandate that the language be included in all the Use Permit Agreements, instead of having the matter reconsidered in the future.

Mr. Schweder queried what is the standard that is followed that would have to be amended for all the Use Permit Agreements.

Mr. Leeson, recounting that as City Solicitor he had written the Use Permit Agreements in the past, stated it is a policy and property management issue. Continuing on to say the Administration has the authority to make the change without the direction from Council, Mr. Leeson pointed out the Administration has deferred to Council’s judgment on this matter. As a result, Mr. Leeson communicated that City Council could exercise its judgment and give the Administration its direction.

Joseph Kelly, Assistant City Solicitor, expressing his concurrence, observed there is no ordinance that is followed but it is a fact of property ownership and the City can write terms into lease agreements.

Mr. Leeson moved that the language contained in Attorney Spadoni’s memo dated May 21, 2009 under the heading, Environmental Protection/Energy Conservation/Compliance with Law, be added to all of the City’s Use Permit Agreements. Ms. Dolan seconded the motion. The language to be added follows:

Environmental Protection/Energy Conservation/Compliance with Law

Lessee must at all times incorporate best management practices in Lessee’s operations as it relates to environmental protection and energy conservation. The best management practices would include full and complete compliance with state and/or local regulatory and/or non-regulatory guidelines for the management of, but not limited to, recycling, soil pollution, erosion control, energy saving applications, energy conservation, and use of environmentally friendly products. Lessee shall fully and completely comply with all ordinances, policies, rules and/or regulations of the City of Bethlehem, and all state and federal laws, rules and regulations pertaining to the premises utilized herein and the uses thereof, and shall obtain all required permits. City shall have the authority to enforce the ordinances of the City and laws of the Commonwealth of Pennsylvania at the premises during the term of Use Permit Agreement.

Voting AYE on the motion: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The Amendment to be made to all of the City’s Use Permit Agreements passed.

C. Authorizing PENNVEST Application - $3,195,000 – Wastewater Treatment Plant Improvements

Mrs. Belinski and Mr. Leeson sponsored Resolution 2009-113 that authorized the appropriate City officials to file the Application for Financial Assistance in the amount of $3,195,000 from 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. The project also includes structural upgrades to the existing aeration tanks to support the new construction and a replacement of the handrail system; the subsequent incurring of debt in the amount of $3,195,000; the execution of a General Obligation Note should the Loan be offered by the Pennsylvania Infrastructure Investment Authority and accepted by the City of Bethlehem; and also authorized the appropriate City officials to sign the Application dated May 21, 2009 marked Exhibit A.

Mr. Schweder recounted that, at the May 5, 2009 City Council Meeting, Resolution 2009-99 was passed that authorized the submission of a Financial Assistance Application in the amount of $2,000,000 to the Pennsylvania Infrastructure Investment Authority to finance improvements to the Wastewater Treatment Plant that dealt with a grant to provide the funds. However, Mr. Schweder noted that approximately 26 days later Council is again being asked to vote on a Resolution that increased the amount by over 50% to $3,195,000 and provides that the funding will be either a grant or a loan. Mr. Schweder asked what changed in the interim since May 5.

Jack Lawrence, Superintendent of the Wastewater Treatment Plant, responding that PennVest funding is always in the form of either a grant or a loan, noted he was not in attendance at the Finance Committee meeting on May 21. Mr. Lawrence added that when PennVest issues funding it will either be a grant or a loan and PennVest decides which will be issued. Mr. Lawrence advised that since the May 5 City Council Meeting, the Department took a closer look at exactly how much it was going to cost, added the dissolved oxygen control system, put in a contingency fee because of the concern about construction costs, and included extra engineering costs. Mr. Lawrence communicated that is why the application package has increased to $3,195,000.

Mr. Schweder asked why the Resolution adopted on May 5, 2009 was written in such a way that it never indicated it would be a general obligation on the City’s part or the City would be taking a loan. Mr. Lawrence restated that PennVest has always been either a grant or a loan, and an entity cannot request only a loan or only a grant because PennVest decides which form of funding it will give to an entity.

Mr. Schweder observed that the minutes of the May 21, 2009 Finance Committee meeting reflect that the City knew in March that more of the money distributed by the Commonwealth of Pennsylvania was in the form of loans rather than grants. Mr. Schweder continued on to note that the comments of David Brong, Director of Water and Sewer Resources, at the May 21, 2009 Finance Committee meeting state that the amount increased to almost $3.2 million based on three reasons. Observing the first reason that included the aeration improvements was already in the first proposal, Mr. Schweder noted it was stated that software and electronics were added. Mr. Schweder asked if a bid or a professional services proposal was issued in the interim period since May 5 showing how much it would cost and why it needed to be added. Mr. Lawrence responded that, once the Department determined it would request the full grant or loan from PennVest, it was decided to replace everything and a closer look was taken at what needed to be replaced and redone. The whole electrical system, the whole dissolved oxygen control system, and handrails were added.

Mr. Schweder asked which of those items were not in the original $2 million proposal. Mr. Lawrence advised the dissolved oxygen control system was not, and some of the electrical system and control system might have been but not to the extent that it was currently. Mr. Lawrence continued on to explain that a new motor control center has to be built, while it was previously thought that the present system could be used.

Mr. Schweder questioned whether the conclusions were made in the 25 day period. Mr. Lawrence advised that the project has been studied a lot more closely lately. Mr. Schweder asked what documentation has been provided to City Council or others that shows the studies that were done to determine that the amount is needed. Mr. Lawrence replied the Department has engineering estimates from Malcolm Pirnie, the consulting engineers. Mr. Schweder queried whether the estimates were devised in the 25 day period during May. Mr. Lawrence, noting Mr. Brong could be asked, explained it was fairly recently.

Mr. Schweder observed the second reason given at the May 21 Finance Committee meeting for the increased amount was for the addition of engineering costs that were already expended. Mr. Schweder asked on what was it spent, to whom it was paid, and how were they paid. Mr. Lawrence explained that some of the electrical system was already designed, and the Department paid HRG Engineers a sum of money to design some of the electrical upgrades. Mr. Schweder asked whether that money was in the original $2 million proposal or was it additional money that is in the proposal before Council this evening. Mr. Lawrence expressed he would assume it is a combination.

Mr. Schweder noted the third reason was the large contingency put into the application. Mr. Schweder asked what are the contingencies about which the Department is concerned and what study was done in the interim since the first proposal. Mr. Lawrence advised that Malcolm Pirnie studied the project and looked more closely at all the costs involved with the aerators, and rising cost of equipment. Mr. Lawrence noted in the $2 million proposal there was no contingency fee and currently a percentage of the overall project was put in as a potential contingency fee.

Mr. Schweder remarked there is no documentation to show how the sum was raised from $2 million to $3.195 million. Mr. Schweder exemplified there have been situations in the past when Council was asked to approve the borrowing of money for the water filtration plant that were double or triple what later ended up as the amount that was needed. Mr. Lawrence, affirming that the $3.195 million is for the application, advised all the engineering will be done and a firm cost will be received. Mr. Schweder observed that, from Mr. Brong’s comments regarding the second reason for the increase in the amount for engineering costs that were added, most of which were already expended, it seemed as if that was already done. Mr. Lawrence, explaining that bids still have to be sent out, noted the engineering for the electrical component is almost complete and the City has a contract with HRG. However, there will be additional contracts for construction, and purchase of ten aerators which are not finalized. Mr. Schweder suggested it is not known whether the figure is right or wrong. Mr. Lawrence highlighted the fact that it is a figure that is the best estimate at this time in order to get the application submitted to PennVest, after which all the documents and final bidding process will be formalized. Mr. Lawrence continued on to say the costs could come in at $3.1 million or at $2.5 million, and it is presently not known exactly what the costs will be. Regardless, Mr. Lawrence communicated that dependent on what amount the City gets in the form of loans or grants the decision will have to be made as to how much the City wants to spend. Mr. Lawrence observed that is why the sentence was added to Paragraph I of the letter of application so that the City can accept or deny the loan.

Mr. Schweder pointed out that in reading Resolution 11 C it appears the way it is written would authorize both the application for financial assistance from PennVest and also the subsequent incurring of debt in the amount of $3,195,000. Mr. Schweder continued on to state that because of the way the Resolution is written Council would have no position in the approval of the funds. In order to ensure that City Council would have the opportunity to consider the form of funding which may ultimately be received by the City, as was added to the letter at the request of Chairman Leeson at the Finance Committee meeting, Mr. Schweder suggested that language be added in the second paragraph of Resolution 11 C.

Amending Resolution - PENNVEST Application - $3,195,000 – Wastewater Treatment Plant Improvements

Mr. Schweder moved the following amendment:

that the second paragraph, last sentence which reads as follows:

; and, the execution of a General Obligation Note should the Loan be offered by the Pennsylvania Infrastructure Investment Authority and accepted by the City of Bethlehem; and

shall be amended to read as follows:

; and, the execution of a General Obligation Note should the Loan be offered by the Pennsylvania Infrastructure Investment Authority and accepted by separate Resolution by the City Council of the City of Bethlehem

Mr. Leeson seconded the motion.

Voting AYE on the amendment to Resolution 11 C: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The amendment passed.

Mrs. Belinski communicated she had the same questions as Mr. Schweder.

Mr. Reynolds recalled that at the Finance Committee meeting it was requested that language be added to the letter to be sent to PennVest so that City Council would be aware that the City would not necessarily have to accept the loan or grant if it were determined not to do so. Mr. Reynolds observed the amendment provides that City Council would be making that decision if a grant or loan were to be awarded to the City.

Mr. Schweder, responding in the affirmative, expressed the concern he has is that the way the Resolution was written also authorizes the City to incur debt if PennVest gives funding to the City. Mr. Schweder explained the amendment provides that if PennVest offers money to the City in the form of a loan then it has to come back to Council as a separate Resolution for City Council to approve acceptance of the loan.

Ms. Dolan, explaining it was the concern of the Finance Committee as well, noted the Committee indicated to Mr. Brong that these types of questions may come up at the City Council Meeting. Ms. Dolan communicated that the Administration would review the funding offer and make a recommendation, and City Council would deal with the matter in the form of a Resolution at a Council Meeting. Ms. Dolan observed it did not seem as if Mr. Brong wanted to necessarily automatically indebt the City, but rather Mr. Brong wanted to submit the application to PennVest according to the rules of PennVest. Ms. Dolan acknowledged the amendment gives City Council more of a standing in terms of making sure that if a loan is offered there is the right to turn it down. Ms. Dolan added that, in the meantime, perhaps more information can be obtained on how the numbers were derived.

Mr. Reynolds thought the questions raised by Mr. Schweder about the figures could be answered by Mr. Brong in a memorandum, or the questions could be posed by contacting Mr. Brong during the day.

President Donchez asked that Mr. Lawrence discuss the concerns of City Council with Mr. Brong and have a response for City Council by Friday.

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

D. Certificate of Appropriateness – 1-11 East Third Street

Mrs. Belinski and Mr. Leeson sponsored Resolution No. 2009-114 that granted a Certificate of Appropriateness to move a previously approved sign from 322 East Third Street to 1-11 East Third Street.

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

E. Certificate of Appropriateness – 316 South New Street

Mrs. Belinski and Mr. Leeson sponsored Resolution No. 2009-115 that granted a Certificate of Appropriateness to install new signage and fencing at 316 South New 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 – 4 East Fourth Street

Ms. Dolan and Mr. Mowrer sponsored Resolution No. 2009-116 that granted a Certificate of Appropriateness to install neon beer signs at 4 East Fourth Street.

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

G. Certificate of Appropriateness – 309 South New Street

Ms. Dolan and Mr. Mowrer sponsored Resolution No. 2009-117 that granted a Certificate of Appropriateness to replace the existing gas station signage at 309 South New Street.

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

H. Transfer of Funds – 911 Fund Budget

Mr. Leeson and Mr. Reynolds sponsored Resolution No. 2009-118 that transferred $6,415 in the 911 Fund Budget from the Unforeseen Contingency Account to the following: $1,500 – Office Expense Account and $4,915 – Training/Continuing Education Account, for office expenses and the purchase of software and laptop computer.

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

I. Utilization of Savings – Sewer Capital Budget – Stream Flow Monitor

Mr. Leeson and Mr. Reynolds sponsored Resolution No. 2009-119 that utilized savings in the amount of $1,899 in the Sewer Capital Budget from the Wastewater Treatment Plant Lab Equipment Account for the purchase of a Stream Flow Monitor.

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

J. Transfer of Funds – Sewer Fund Budget – Professional Services

Mr. Leeson and Mr. Reynolds sponsored Resolution No. 2009-120 that transferred $50,000 in the Sewer Fund Budget from the following: $10,000 – Sewer General – Unforeseen Contingency Account and $40,000 – Wastewater Treatment – Heating Oil Account, to the Sewer General – Professional Services Account to amend the existing Professional Services contract for Malcolm Pirnie, Inc. for additional work already performed.

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 Announcements

President Donchez re-announced that City Council will meet as a Committee of the Whole Meeting on Tuesday, June 16, 2009 at 6:00 PM in Town Hall for a Presentation on the Bi-County Health Department.

Handling of Recyclables at Festivals - Environmental Advisory Council (EAC) Review

Ms. Dolan advised she was informed that even when festivals try to recycle there is a lack of education and sometimes the recyclables are contaminated with food products, etc. Ms. Dolan asked if it would be appropriate to ask the Environmental Advisory Council (EAC) with assistance from the Administration to develop suggestions similar to the amendment in the Use Permit Agreements for how to successfully recycle at an event.

President Donchez stated that a memorandum with the request can be forwarded to the Administration.

13. COURTESY OF THE FLOOR

Various Issues

Eddie Rodriquez, 1845 Linden Street, said there are no signs throughout the City directing visitors to get in and out of the City and to the Sands Casino. Mr. Rodriquez, affirming that he visited the Sands Casino, expressed it is a fantastic project, but expressed some concern about confusion with parking. Mr. Rodriquez, commenting that new leadership from the top is needed in the Police Department, said there is a lack of communication. He stated when citizens call they cannot get a quick enough response, cannot get an answer, cannot get in contact with Police Officers, and there is some disrespect. Mr. Rodriquez noted that the Police Substations should serve the community at large, and a lack of communication exists there as well. Mr. Rodriquez requested that the City install security cameras where they are most needed, and they be taken off the Five Points area.

Sands Casino in Bethlehem

Robert Pfenning, 2830 Linden Street, noted the Sands Casino in Bethlehem that opened May 22, 2009 yielded the City of Bethlehem $196,694 through May 31, 2009 of unbudgeted revenue. He said if the average win per slot machine per day is above $255 in the third quarter then City Council will have to do something in October with regard to Mr. Leeson’s amendment to appropriate the funding. Mr. Pfenning stated the average win per slot machine per day for the first three operational days starting May 22 was $498.70 but for week two ending Sunday, May 31 it plunged to $282.90 that was the fourth highest in Pennsylvania. Mr. Pfenning, referencing the fact that Emeril’s restaurant is at the Sands Casino in Bethlehem, advised in the 2008 report issued by the American Gaming Association it was noted that 77% of visitors to casino destination resorts went to a fine dining restaurant. Mr. Pfenning thought the problem will be the completion of the hotel, convention center, and retail components of the Sands project, and he pointed out that Sands management is required by the Pennsylvania Gaming Control Board to meet monthly with the Board’s taskforce. When the taskforce thinks it is appropriate and the Sands is in the position to finance the project components there will be a public hearing. Mr. Pfenning expressed his opinion that the City needs to keep the pressure on to make sure the Gaming Board follows up.

Security Cameras – Monitoring; Casino Revenues

John Ladics, Kaywin Avenue, asked who will man the Security Cameras when the City implements the program. Randy Miller, Police Commissioner, replied the Communications Bureau personnel will be monitoring the security cameras that is similar in Allentown, Newark, and other cities. Mr. Ladics, observing that retired Police and Firefighters have already passed civil service tests and are trained, asked if consideration could be given to hiring them to monitor the cameras. Mr. Ladics noted that Hellertown, Freemansburg Borough, Bethlehem Township, Hanover Township, and Lower Saucon Township are worried about the impact of the Sands Casino in Bethlehem. However, Mr. Ladics commented those Townships do not worry about the City of Bethlehem and they build what they want to and do not worry about the traffic impacts. Mr. Ladics remarked the communities want money through the casino project to fix roads. Mr. Ladics further pointed out those communities did not care about the roads when Bethlehem Steel Corporation was in operation because the company provided a lot of jobs. Mr. Ladics stressed the roads that will be impacted are the City of Bethlehem’s roads.

Broughal Middle School - Preservation

Bill Scheirer, 1890 Eaton Avenue, noting that the City issued one permit for the Broughal School project, said according to the right of vested interest if there is a significant expenditure of funds under a permit it cannot be revoked. Mr. Scheirer stated if the City had issued two permits, one for construction and the other for demolition, then the City could revoke it. Mr. Scheirer noted the City could express that it has an interest in historic preservation, as was done when City Council sent a letter to the Bethlehem Area School District Board. Mr. Scheirer asked the Members of Council to pass a Resolution stating that the Broughal School building should be preserved and should not be torn down. Expressing that the School Board should find another solution for the athletic teams, Mr. Scheirer stressed that the magnificent heritage of Broughal School should not be torn down because it is not only the heritage of South Bethlehem but the heritage of the entire City. Mr. Scheirer felt if Broughal School were located in North Bethlehem then there might not even be a discussion. Exemplifying that Hazleton High School stood vacant for ten years and suffered some deterioration after that City sued successfully to stop the demolition, Mr. Scheirer stated it is worth doing whatever needs to be done to the Broughal School building and said imagine what it would cost to build something like that today. Mr. Scheirer asked Council to do what they can and not allow the School District to tear down Broughal Middle School.

Security Cameras - Monitoring

Alex Harvey, employee of the City, thought that security cameras would be a good thing for the City. However, Mr. Harvey wondered who is going to monitor the cameras. Affirming that he ran the City’s 911 Center, Mr. Harvey highlighted the fact that the 911 Center is very busy, and nerve racking. He continued on to point out that for employees to answer the telephone emergency calls, dispatch City personnel to respond, and then have to try to look at a security camera is hectic. Mr. Harvey thought there should be an alternative to that rather than to require the 911 center to handle it.

PennVest Funding Application; Broughal Middle School - Preservation

Dana Grubb, 2420 Henderson Place, referring to the PennVest funding application, stated that with most outside funding sources pre-incurred costs cannot be recaptured and he communicated that Council may want to get clarification on the matter of reimbursement for engineering costs. Mr. Grubb thought the City, Lehigh University, Bethlehem Area School District, and anyone interested in the preservation of historic properties in Bethlehem need to reevaluate the consequences of demolishing Broughal Middle School and look at other options. He added that once the wrecking ball starts it will be too late. Commenting that the Bethlehem Area School District is responsible for educating youth rather than for preserving historic properties, Mr. Grubb stated that is where the City should step in to ensure that if a property is a historic resource in the community then everything possible is done to preserve it. He continued on to say that, whether it is an Ordinance or a Resolution, the City owes it to preservation-minded people and for the heritage of the community to do everything conceivably possible to prevent the demolition from happening. Highlighting the fact that the Sands Casino is being praised for honoring the legacy of Bethlehem Steel through their incorporation of many steel-related architectural features into a brand new building, Mr. Grubb remarked it would be ironic that the City would not raise a finger to try to save Broughal School. He stressed it is owed to past and future generations to get something worked out so that the building is not torn down.

Smoking; Saucon Park

Charlie Boyer, 1021 E. Fourth Street, thought the City should consider passing a law so that people cannot smoke within a certain number of feet of another person’s property. Mr. Boyer explained that he lives in a row home and the smoke comes into his house from the neighboring property. Notifying the assembly that because of the condition of Saucon Park as a result of the geese population people cannot go to the park and enjoy it, Mr. Boyer asked if something can be done about the geese.

Lighting - City Hall Area; Stray Cats

Louise Valeriano, 3114 East Boulevard, thanked Michael Alkhal, Public Works Director, and the City staff for promptly and efficiently fixing the lights around the City Hall area outside of the West gate of the City Garage. Ms. Valeriano asked what can be done about stray cats in the City and suggested perhaps they could be captured and homes found for them.

Broughal Middle School - Preservation

Stephen Antalics, 737 Ridge Street, affirmed that several years ago he and Chris Ussler, City Historic Officer, did an in-depth study of Broughal Middle School that was submitted to the Pennsylvania Historic and Museum Commission (PHMC). The PHMC stated officially that Broughal Middle School did qualify for the National Historic Register.

Mr. Antalics communicated that he thought Mr. Schweder should have sought re-election to City Council.

Lehigh University – Move-Out Sale

Carol Ann Krasley, Center Street, informed the assembly that this Saturday Lehigh University will hold its move-out sale in the parking lot on East Fourth across from St. John’s Windish Church, and the proceeds go towards helping non-profit organizations.

Broughal Middle School - Preservation

Peter Crownfield, 569 Brighton Street, agreed with Mr. Scheirer’s comments concerning preservation of Broughal Middle School, and clarified that the addition to Broughal School is not part of the historic structure.

Police Patrol – Atlantic Street

Mary Galvin, 636 Atlantic Street, said her complaint is that she would like to see more Police patrolling the area including Yosko Park, especially at night. Advising that youth jump over the pool, Ms. Galvin expressed her concern that a child could drown and the City would be sued. Ms. Galvin informed the assembly that at the apartment complex at 638-640 Atlantic Street many of the tenants make a lot of noise, and she has been calling the Police for the past several weeks. She thanked the Police for coming out in response to her complaints. Ms. Galvin further notified the assembly that some of the tenants try to trespass on her yard. Ms. Galvin asked that more Police patrol the area of the 600 block of Atlantic Street, and stated it is a drug-infested area.

The meeting was adjourned at 8:15 p.m.