Council MInutes

December 22, 2009

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, December 22, 2009 – 7:00 PM

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

President Donchez called the meeting to order. Reverend Doctor Helen B. Cochrane, First Presbyterian Church of Bethlehem, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Karen Dolan, Joseph F. Leeson, Jr., Gordon B. Mowrer, J. William Reynolds, J. Michael Schweder, and Robert J. Donchez, 7.

4. APPROVAL OF MINUTES

The Minutes of December 1, 2009 were approved.

5. COURTESY OF THE FLOOR (for public comment on Ordinances and Resolutions to be voted on by Council this evening – 5 Minute Time Limit)

Amending Article 721 – Streets and Sidewalks – Vendor Ordinance

Richard Szulborski, 669 Atlantic Street, a board member of the Sun Inn Preservation Association, commented that although the Sun Inn Board prefers no vendors it realizes that cannot be done legally. Mr. Szulborski stated the Board supports the Bill as amended by Mr. Schweder at the December 1, 2009 City Council Meeting. Mr. Szulborski enumerated that the Bill as amended limits the vendors to commercial areas, uses existing boards for the review process, and protects the rights of the property owner by requiring their permission for a vendor to use their sidewalk. Mr. Szulborski urged City Council to support the Bill as amended.

Budget and Financial Matters

Dana Grubb, 2420 Henderson Place, discussed the definition of the word honesty, and said the City’s financial status is probably much worse than some may realize. Referring to a question raised by a City Firefighter at a recent Finance Committee meeting about why a new aerial fire ladder truck was not put into service and rumors that the City had not paid for it that were denied by the Administration, Mr. Grubb advised he has heard many of the same rumors. Informing the assembly that today he spoke with the chief financial officer of the Glick Fire Equipment Company, Mr. Grubb said the equipment has not been paid for, payment was due within 30 days, and no training on the vehicle can take place. Questioning why $500,000 due on the aerial cannot be paid and is being projected to be paid in January or February 2010, Mr. Grubb pointed out that there is $663,000 in the 2008 Non-Utility Capital Budget for the equipment. Mr. Grubb recalled that last year he questioned whether the Administration was borrowing cash from bonds and notes to meet other expenses unrelated to capital improvements and pointed out that City officials stated this was not the case. Asking when City Council will hold the Administration accountable, Mr. Grubb remarked that when Council goes along it makes them complicit. Mr. Grubb asserted that mismanagement is carrying Bethlehem into a fiscal downturn. He continued on to say that Council is told that payments have been made but have not been, that laws are broken, and public funds spent without Council’s approval. Mr. Grubb expressed his opinion that Council needs a consultant to advise on honesty, integrity, and principles. Further stating that reportedly the City is not able to accept delivery of an ambulance because it cannot make payment from the 2008 Note although over $178,000 is budgeted, Mr. Grubb asked where is the cash from these Notes that would allow the City to pay for the ambulance and for the aerial. Mr. Grubb expressed his belief that the Administration is further in the hole than Council realizes and has been using cash from capital improvement financing instruments. Mr. Grubb communicated that the 2010 Budget is not balanced and plunges Bethlehem residents even further into a financial abyss, and asserted that public safety may be compromised due to delays in payment for the fire and ambulance equipment. Mr. Grubb thought that Council should not support the 2010 Budget, should ask more questions about revenues, and make cuts to protect the taxpayers.

President Donchez affirmed that he received a response from the Fire Commissioner regarding the new aerial ladder and it will be forwarded to Mr. Grubb and Mr. Meixell.

Host Fees

Antonio Simao, 1135 E. Third Street, recalled that at the last meeting there was a discussion about the Host Fee revenues that are supposed to be protected and given back to the taxpayers and asked if that is correct.

President Donchez replied that the Members of Council voted to endorse the Mayor’s recommendation last year that the City’s Host Fee be used for public safety, infrastructure, and to bring down debt, and by law the purpose of the Host Fee revenues is not for tax relief. However, the casino revenue money State-wide is used for tax relief for school property tax.

Fire Salaries; Budget; Fire Stations

Terry Meixell, 56 E. Goepp Street, noted that he distributed a letter to the Members of Council regarding an Act of May 31, 1933, Article 21 – Fire Bureau, that was updated June 16, 1993, Section 2109 – Salary of Non-Union City Fire Officers, and he read the law. Mr. Meixell expressed his understanding is that they should be receiving a 6% raise and he does not see it in the Budget, and said by passing the Budget the laws of Pennsylvania are being broken. Mr. Meixell, referring to the deletion of three additional Police Officers that was approved at the Final Budget Meeting, said the three Police Officers are needed and probably three more Firefighters, Electricians, Maintenance Personnel, Mechanics, and so on. Mr. Meixell remarked, however, with the Budget and times as they are it cannot be afforded. Referring to projects accomplished this year, Mr. Meixell asserted the fact that three fire stations had half of their windows replaced did not solve any heating issues. Mr. Meixell thought it would have been better to take the money that was spent at the Golf Course Clubhouse windows and provide better heating for the Fire Stations. Continuing on to stress that none of the Fire Stations have any emergency power generation, Mr. Meixell said they have been put in the proposed budgets numerous times but are one of the first things to be taken out.

Amending Article 721 – Streets and Sidewalks – Vendor Ordinance

Ms. Torres, 730 Ontario Street, read a letter dated December 16, 2009 from Olga Negron, President of the Board of Directors of the Community Action Development Corporation of Bethlehem, that was addressed to Mayor Callahan and the Members of Council. In the letter it was noted that not all business models seek to obtain brick and mortar establishments, and vending may be an important component of business ventures for some individuals. Ms. Negron expressed in the letter that the amendment presented by Mr. Schweder will offer increased opportunities for entrepreneurship and is an improvement to the lottery system contained in the initially proposed Ordinance. In the letter, several suggestions were offered. Since the language of the Ordinance seems to indicate that only property owners or lease holders can be vendors, it would appear to preclude independent operators and entrepreneurs from conducting business activity even with the permission of property owners. The addition of one or more business and economic development professionals to the licensing committee was encouraged. Ms. Negron also raised several questions in her letter including non-stationary vendors and operational restrictions, relationship to other vehicles, whether mobile vendors are permitted in residential areas or limited to commercial districts, and whether mobile vendors should be reviewed and approved by the same committee as stationary vendors.

Tina Kowalski, merchant at Fourth and New Streets, recounted that she and her husband lost their jobs in 1982 and decided to go into business for themselves. They refinanced their home and bought a condemned, foreclosed property at Fourth and New Streets. At the same time, there were a dozen new entrepreneurs in the area who formed the South Side Merchants Association. In the mid 1980’s, the merchants petitioned Mayor Marcincin to fix the broken street lights. In the 1980’s and 1990’s they petitioned Mayor Smith for more Police presence in the business district that later became Police on bicycles and there were Police Substations, and they petitioned for more garbage cans at intersections in the business district. They formed a local crime watch program, got rid of motorcycle gangs, drug addicts and dealers. In 2003, the merchants petitioned Mayor Delgrosso’s office to stop LANTA bus shelters from being placed at intersections in the South Side business district. In 2009, the merchants petitioned Mayor Callahan and City Council regarding not allowing push cart vendors in the South Side Business District. Ms. Kowalski stressed that 80 merchants signed the petitions opposing push cart vending in both the South Side and the North Side Business Districts, and Council has heard from at least four dozen individuals opposing push cart vending in the Business Districts. Ms. Kowalski highlighted the fact that the opposition is not about the $1.50 hot dog being sold but about the nuisance from the vendors all summer long, not respecting the merchants or their property, blocking the right of way, taking up parking spaces, and leaving trash. Ms. Kowalski asserted that the South Side Business District does not have adequate parking for vendors, or wide enough sidewalks to properly accommodate push carts. Ms. Kowalski expressed that push cart vending is not good for either of the two business districts, the merchants do not want it and do not need it. Ms. Kowalski, asking Council to please consider the merchants concerns, communicated that Council’s support is needed and it is all the merchants have. Ms. Kowalski pointed out that the twelve original merchants of the South Side Merchants Association are still in South Bethlehem operating their businesses and very active in South Side affairs.

2010 Budget – Three Additional Police Officers

Stuart Bedics, Acting Police Commissioner, reading from his memorandum dated December 22, 2009 that was provided to the Members of Council, pointed out that the City enjoys the benefits of having a Police Department that is proactive in fighting crime, and the Police Officers address quality of life issues on a routine if not daily basis, rather than being reactive and merely just responding from call to call. This philosophy has helped to make Bethlehem one of the safest cities in Pennsylvania. Continued success is predicated on having a police force large enough to maintain periods of unobligated time for Officers to address these issues. Former Police Commissioner Randall Miller had the foresight to have an impact study conducted, completed by G. Patrick Gallagher, before the opening of the Sands Casino that looked at the staffing levels of the Police Department. The study noted the goal should be to have two police officers for every 1,000 residents. Prior to the opening of the Sands Casino, the City had 155 police officers or slightly above the recommended average of two. Given the City’s population of about 72,000 Mr. Gallagher felt that in order to maintain the level of service residents had become accustomed to the City needed to account for the 16,000 daily average number of guests visiting the Casino in order to ensure proper manning levels. Based on that understanding, the manning numbers should be generated based on a population of 88,000. Currently, the City maintains a police force of 159 officers, and combined with the 12 State Police Officers assigned to the Sands Casino, it still puts the City slightly below the recommended manning number of 2.0, at 1 .91. Adding the three Police Officers in the Proposed 2010 Budget that would raise the number to 162 Officers puts the City at 1.97 officers for every 1,000 residents. Mr. Gallagher recommends that the City remain proactive in determining manning requirements for the City. Emphasizing that it is hard to argue with the success the City and its Police force has enjoyed maintaining the level of service at the recommended average of 2 officers for every 1,000 residents, Acting Commissioner Bedics stated that is why he strongly urges the Members of Council to reconsider adding the additional three police officers to the 2010 Budget this year. With the addition of the three officers proposed in the 2010 budget, the Police Department will continue to move towards those acceptable staffing levels and those numbers will ensure that the Police Department can remain proactive and not fall to reactive status. This foresight will put the City ahead of the curve, unlike other police agencies that are constantly fighting to get back their streets from crime. Acting Commissioner Bedics asked that Council reconsider the decision made at the Final Budget Meeting last week to remove the three additional Police Officer positions from the 2010 Proposed Budget. Acting Commissioner Bedics stressed that the City of Bethlehem Police Department needs these Police Officers to continue the City’s commitment to providing a safe environment for all to work and live.

Amending Article 721 – Streets and Sidewalks – Vendor Ordinance; Police Officer Positions

Mary Pongracz, 321 W. Fourth Street, remarked that no one has ever said they are against vendors per se but rather it has been said they do not follow the rules. She asserted they encroach upon the rights of property owners to determine who may or may not be in front of their house. Ms. Pongracz commented that in the Ordinance she preferred the term natural person rather than the word person in view of franchises. Ms. Pongracz noted there are things that she has said that were not followed through. Ms. Pongracz took exception to the CADC communicating that people are anti-economic development because they are not in favor of vendors. Ms. Pongracz expressed that people are in favor of equal opportunity for all merchants. Ms. Pongracz questioned funding the Skate Park rather than three Police Officers who will serve all the citizens of Bethlehem. Ms. Pongracz commented that she wants the best for the City whether for the regulation of vendors or for additional Police Officers.

Police Officer Positions

Eddie Rodriquez, 1845 Linden Street, stressed that the three Police Officers should be added who are desperately needed, particularly in view of all he has been saying, and added that crime activity is increasing and moving to the North and West sides. Mr. Rodriquez asked that Council please change their decision to remove the three additional Police Officers that he emphasized is the wrong move. Mr. Rodriquez pointed out that criminals will challenge the statement that Bethlehem is one of the safest cities. He highlighted the fact that there is drug activity, auto theft, and burglaries.

Amending Article 721 – Streets and Sidewalks – Vendor Ordinance

Kristin Minor, 933 Wyandotte Street, communicated that the primary interest of business is their own gain but not that of their communities. She said that guidelines should help people get what they want, not hinder them. Ms. Minor stated it is not wrong for a modest street vendor to use the streets as a place for business, and it is wrong and not the place for other businesses to say that it is. Ms. Minor expressed that doing away with street vending all together is a simple-minded decision imposed by the business world to better themselves and only themselves. Ms. Minor thought that the idea of street vending being a threat to other business and an easy way to make a quick buck is a lie. Ms. Minor said street vending is nothing more than an honest living, and by allowing street recreation it contributes to not only a better business world but a better community.

Skate Park

Stephen Antalics, 737 Ridge Street, advised that he has observed skate boarders at Campus Square, and was impressed by an individual’s perfection of physical ability. Mr. Antalics thought that if skate boarders are not allowed to engage in their sport it may develop into a negative attitude and they may turn to negative and criminal activities that in turn will demand Police attention. Mr. Antalics stressed that the skate boarders need a studio for their sport that is a form of self-perfection and a personal challenge rather than competing with another person, it builds character, and added they are very artistic.

Police Officer Positions

Bill Scheirer, 1890 Eaton Avenue, referring to the proposed amendment of Mr. Reynolds, said he supports the increase for the Police Salaries but opposes the decrease in Council’s Professional Services. He commented on the challenge in reviewing the City’s Budget, and thought that Council deserves some part-time professional services devoted to the budget in view of the fact that Council and the Administration have different perspectives given the two separate branches of government. Mr. Scheirer expressed his opinion that the idea is to have enough to make sure that Bethlehem remains as safe as it is and even safer would be better. Adding that if anything one should err on the side of having too many Police Officers, Mr. Scheirer said having three more Police Officers is very conservative. Mr. Scheirer stated he would like to see Bethlehem be an oasis of safety in the Lehigh Valley.

Amending Article 721 – Streets and Sidewalks – Vendor Ordinance

Dale Schaffer, owner of Elysian Fields Specialty Florals, 36 W. Broad Street, stating he is opposed to the street cart vendors, noted they cannot be prevented from coming into the City, but the vendors can be regulated. Mr. Schaffer, stressing that business owners are not greedy, highlighted the fact that they employ countless numbers of people throughout the year, pay wages, taxes, help to better the City, and bring clients to the City. He commented that vendors can get a permit for less than the employees of a business pay for a parking space in the parking garage. Mr. Schaffer observed that if the vendor in question had followed the rules then the present situation would not be faced. Mr. Schaffer questioned why it would be correct in any City to select where vending carts are placed without the permission of the business or building owner. Mr. Schaffer explained that he sent a clarification letter to the Morning Call commending Mr. Schweder for his proposal to have stronger regulation of vendors. Mr. Schaffer advised that business owners are not saying they do not want vendors but they do want a say in where they can go rather than being arbitrarily told that a street vendor has to be in a certain block. Stating that he did not receive a letter about the proposal although he is across the street from a merchant who did, Mr. Schaffer pointed out it will affect him if there is to be a flower cart in the area where there are seven reputable flower shops within a one mile radius of the area and they were not informed. Mr. Schaffer asked the Members of Council to strongly consider Mr. Schweder’s proposal, regulate the vendors, and not allow them to come into the City for minimal fees and ruin the appearance of the downtown district. Mr. Schaffer stressed that the businesses work very hard to make this a very appealing place for clients.

6. OLD BUSINESS.

A. Tabled Items

None.

B. Unfinished Business

1. Bill No. 28 - 2008 – Amending Zoning Ordinance – Various Sections
2. Establishing Article 1716 – Landmarks and Properties of Historical Interest

C. Old Business – Members of Council

City Ordinances- Casino Host Fees and Treasurer’s Escrow

Mrs. Belinski stated she would like to bring up something that Council learned about recently during the Proposed 2010 Budget Hearings that has been deeply troubling to her that has to do with the multiple violations of City Ordinances by the Administration. Mrs. Belinski recounted that when the violations of the City Ordinances were disclosed, the reaction of people in the room ranged from amusement to indifference. Mrs. Belinski stressed that it really bothers her that people in the Administration violate laws. The excuse given was that they did not know about the City laws. Mrs. Belinski pointed out that no one is above the law. Mrs. Belinski continued on to say that at the Third Budget Hearing on December 2, 2009 Mr. Leeson asked the Administration where the extra money was deposited from the casino Host Fees that was the money that came in over and above what was budgeted and authorized by City Council for spending in the 2009 Budget. Council was then told that the amount of extra revenue that came in over and above what was budgeted was $330,000 and the exact figure was $335,643. Mr. Leeson asked whether it had been deposited and reserved as required by law. The Business Administrator indicated that all the money had already been spent. Mr. Reichard, Business Administrator, sent a follow up memorandum indicating that the gaming monies were received on October 19, 2009 and then completely spent on November 6, 2009 only 19 days later. Mrs. Belinski highlighted the fact that City Council was not briefed about this, was not told about this, and was not asked for approval to do this. Mrs. Belinski noted that on September 3, 2008 City Council passed an Ordinance that states no transfers of unappropriated funds shall be made from the gaming local share account without prior notice to and approval of City Council, and stated the Mayor's signature is on this law that was violated. The justification given for violation of this City law was that they did not know about the law. Mrs. Belinski remarked that she finds it hard to believe that no one in the Administration — the Mayor, the Business Administrator, the City Solicitors — knows about City laws. Mrs. Belinski noted that the City Council meeting minutes indicate that this law was repeatedly mentioned and discussed at six different City Council meetings by either Chuck Nyul, Bob Pfenning or Dana Grubb on September 2, 2008, November 18, 2008, June 2, 2009, July 7, 2009 and September 15, 2009. It was also discussed at the City Council meeting on October 6, 2009 only seven days before the extra casino revenue was received. In fact, seven days before the revenue was received, Mr. Pfenning spoke to City Council on October 6, 2009 and the City Council minutes note that Mr. Pfenning stated that City Council will now hopefully be approving from the Administration the request to spend $335,643.10 more than budgeted. Mrs. Belinski affirmed that City Council President Robert Donchez wrote a memo to the Administration concerning their excuse regarding not knowing about the law, and said respectfully that he wished to comment that he found this response hard to accept. Mrs. Belinski expressed her agreement with President Donchez.

Mrs. Belinski turned to the next Ordinance violation by the Administration concerning an Ordinance passed by City Council on May 1, 2007 stating that no transfers of funds from the treasurer's escrow account shall be made to the general fund operating budget without prior notice to and approval of City Council. Mrs. Belinski stressed that this Ordinance was also signed by the Mayor. In the 2009 General Fund Budget, City Council authorized borrowing of up to $1.8 million from the Treasurer’s Escrow Account. Mrs. Belinski advised that Council has learned that the Administration did the following borrowing and transfer of funds from the Treasurer’s Escrow Account: (1) On July 23, 2009 $1,000,000 was borrowed; (2) On August 19, 2009 $800,000 was borrowed at which point the maximum amount authorized by City Council was reached; (3) On October 26, 2009 $2,000,000 was borrowed that was above the amount of $1,800,000 authorized by Ordinance in the 2009 General Fund Budget. Mrs. Belinski related that the Administration responded that it had run out of cash, it had no money and the unpaid bills had to be paid. Mrs. Belinski noted she does not question that the City ran out of money and the bills had to be paid. Rather, what she questions is why City Council was not notified and its approval sought as required by law to authorize the borrowing, transfer, and expenditure of these funds. Mrs. Belinski affirmed that City Council meets twice a month and holds many Committee meetings in between, and yet was never told. Mrs. Belinski stressed that she thinks it is a serious matter when the Administration violates City Ordinances. Mrs. Belinski stated she does not think this should be overlooked, or laughed at. Mrs. Belinski asked Christopher Spadoni, City Council Solicitor, to review this matter and offer his opinion by January 19, 2010 concerning what Council’s alternatives are as a result of these violations.

7. COMMUNICATIONS

A. Superintendent of Water Supply and Treatment – Modifications to Article 911 –
Water Regulations – Fire Flow Test

The Clerk read a memorandum dated December 11, 2009 from Jeffrey A. Andrews, Superintendent of Water Supply and Treatment, to which was attached a proposed amendment to Article 911 – Water Regulations, in Section 911.09 - Fire Service, pertaining to Fire Flow Tests.

President Donchez inquired whether the Public Works Committee would like to review the matter. Chairwoman Dolan affirmed that the Ordinance can be placed on the January 4, 2010 Council Agenda for action.

B. Director of Public Works – Resolution for Plan Revision for New Land Development – Sewage Facilities Planning Module – Eaton Pointe Professional Building

The Clerk read a memorandum dated December 11, 2009 from Michael Alkhal, Director of Public Works, to which was attached a proposed Resolution for Plan Revision for New Land Development for the Eaton Pointe Professional Building, as required by the Pennsylvania Department of Environmental Protection. The proposed development is a 10,240 square foot office building located at the northwest corner of Schoenersville Road and Eaton Avenue. Because the project proposes a private pump station, a full Sewage Facilities Planning Module is required.

President Donchez stated that the Resolution can be placed on the January 4, 2010 Agenda.

C. Planning Bureau – Preservation Planning Initiative

The Clerk read a memorandum dated December 15, 2009 from Christine Bartleson, Community Planner, Bureau of Planning, requesting assignment of a City Council Member to the Task Force that will guide and inform the process of finalizing contracts that will enable the Department of Community and Economic Development to begin Preservation Planning. This is in conjunction with the $30,000 Pennsylvania Historic Museum Commission grant that the City will be matching with CDBG funds.

President Donchez affirmed that a representative from Council will be named in January 2010.

D. City Solicitor – Use Permit Agreement for Public Property – American Association of University Women, Bethlehem Branch – 2010 Book Fair

The Clerk read a memorandum dated December 15, 2009 from John F. Spirk, Jr., Esq., City Solicitor, to which was a attached a proposed Resolution and Use Permit Agreement between the City and the American Association of University Women, Bethlehem Branch, for use of the Memorial Pool Building for the time period March 15, 2010 to April 26, 2010 for the 2010 Book Fair, according to the terms and conditions of the Agreement.

President Donchez stated that the Resolution will be placed on the January 4, 2010 Council Agenda.

E. City Solicitor – Site Agreement – TowerOne Bethlehem 001, LLC – North Central Fire Station – High Street

The Clerk read a memorandum dated December 4, 2009 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and Site Agreement between the City and TowerOne Bethlehem 001, LLC, for the purpose of erecting and maintaining improvements, personal property and facilities necessary to operate a cellular communications system to be located at the North Central Fire Station at High Street, according to the terms and conditions of the Agreement.

President Donchez referred the matter to the Parks and Public Property Committee.

F. City Solicitor – Municipal Records Retention Resolution

The Clerk read a memorandum dated December 17, 2009 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution that identifies the updated retention schedule and Manual that the City will follow as revised by the Local Government Records Committee approved on December 16, 2008.

President Donchez stated that the Resolution will be placed on the January 4, 2010 Council Agenda.

G. City Solicitor –Records Destruction Resolution

The Clerk read a memorandum dated December 17, 2009 from John F. Spirk, Jr., Esq., City Solicitor, requesting a Resolution for the destruction of records from the Health Bureau. The Law Bureau reviewed the Municipal Records Retention Act and the records fall within categories where destruction is permitted.

President Donchez stated that the Resolution will be placed on the January 4, 2010 Council Agenda.

H. Finance Committee Chairman Leeson – Amending Article 121 – Fiscal Policy and Financial Reporting

The Clerk read a memorandum dated December 18, 2009 from Joseph F. Leeson, Jr., Chairman of the Finance Committee, to which was attached a proposed amendment to Article 121 – Fiscal Policy and Financial Reporting, pertaining to revenues, analytical, cash flow, accounts payable and receivable reports, Escrow and other Account balances.

President Donchez referred the matter to the Finance Committee.

I. Director of Planning and Zoning – St. Luke’s Riverside Drive Project

The Clerk read a memorandum dated December 11, 2009 from Darlene L. Heller, Director of Planning and Zoning, advising that the Planning Commission, at their December 10, 2009 meeting, voted unanimously to recommend the dedication of Riverside Drive as depicted on the St. Luke’s Riverside Drive Roadway Plan, subject to final review by the City.

President Donchez referred the matter to the Public Works Committee.

8. REPORTS

A. President of Council

1. Councilmanic Appointment – Allison Perrucci – Library Board

President Donchez appointed Allison Perrucci to membership on the Library Board effective until January 2013. Mr. Reynolds and Mrs. Belinski sponsored Resolution 2009-209 to confirm the appointment.

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

2. Councilmanic Appointment – J. William Reynolds – Library Board

President Donchez appointed J. William Reynolds to membership on the Library Board effective until January 2013. Ms. Dolan and Mrs. Belinski sponsored Resolution 2009-210 to confirm the appointment.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Schweder, and Mr. Donchez, 6. Not Voting: Mr. Reynolds, 1. The Resolution passed.
3. Councilmanic Appointment – Linda C. Robertson – Library Board

President Donchez reappointed Linda C. Robertson to membership on the Library Board effective until January 2013. Mr. Reynolds and Mrs. Belinski sponsored Resolution 2009-211 to confirm the appointment.

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

4. Councilmanic Appointment – Kathy Weil – Library Board

President Donchez appointed Kathy Weil to membership on the Library Board effective until January 2011. Mr. Reynolds and Mrs. Belinski sponsored Resolution 2009-212 to confirm the appointment.

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

Mr. Reynolds commented that, as he said during the Proposed 2010 Budget Hearings, the Library in the coming years could potentially face more difficult years than in the past. Mr. Reynolds thought it would be wise to be more involved in what is occurring at the Library.

5. Councilmanic Appointment – LauraLynne Burtner – Environmental Advisory Council

President Donchez reappointed LauraLynne Burtner to membership on the Environmental Advisory Council effective until January 2013. Ms. Dolan and Mr. Reynolds sponsored Resolution 2009-213 to confirm the appointment. The Resolution passed.

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

6. Councilmanic Appointment – R. Michael Topping – Environmental Advisory Council

President Donchez reappointed R. Michael Topping to membership on the Environmental Advisory Council effective until January 2013. Ms. Dolan and Mr. Reynolds sponsored Resolution 2009-214 to confirm the appointment.

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

7. Councilmanic Appointment – George Yasko – Environmental Advisory Council

President Donchez reappointed George Yasko to membership on the Environmental Advisory Council effective until January 2013. Ms. Dolan and Mr. Reynolds sponsored Resolution 2009-215 to confirm the appointment.

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

Ms. Dolan explained that the Environmental Advisory Council is working very hard, had a very successful program this summer, and is doing beneficial things.

B. Mayor

1. Administrative Order – Paul Salerni – Fine Arts Commission

Mayor Callahan appointed Paul Salerni to membership on the Fine Arts Commission effective until May 2012. Ms. Dolan and Mr. Reynolds sponsored Resolution 2009-216 to confirm the appointment.

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

2. Administrative Order – Charles Hampton, III – Fine Arts Commission

Mayor Callahan appointed Charles Hampton, III to membership on the Fine Arts Commission effective until July 2012. Mr. Reynolds and Mrs. Belinski sponsored Resolution 2009-217 to confirm the appointment.

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

3. Administrative Order – Stuart J. Bedics – Police Commissioner

Mayor Callahan appointed Stuart J. Bedics as Police Commissioner effective January 3, 2010.
Ms. Dolan and Mr. Reynolds sponsored Resolution 2009-218 to confirm the appointment.

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

President Donchez, stating that the City has an excellent team, said there is no question that Bethlehem will continue to move forward with great leadership in the Police Department, and congratulated Mr. Bedics.

4. Administrative Order – Jason D. Schiffer – Deputy Police Commissioner

Mayor Callahan appointed Jason D. Schiffer as Deputy Police Commissioner effective January 3, 2010. Ms. Dolan and Mr. Reynolds sponsored Resolution 2009-219 to confirm the appointment.

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

C. Finance Committee

Chairman Leeson presented an oral report of the Committee’s meeting on December 15, 2009 at 6:30 PM in Town Hall, as follows. The Committee was presented with revised debt service schedules, as had been requested by Chairman Leeson at the December 9, 2009 Finance Committee meeting, on the General Obligation Notes (line of credit) Series A and B of 2010 for Water and Sewer Systems Infrastructure Investment to start repaying principal of some amount after the first twelve months, and some repayment of principal over the five years before 2014; and, a level debt service schedule for the Refinancing of the Bethlehem Authority’s 1998 Guaranteed Water Revenue Bonds, in view of the approximate $700,000 swing over time for the water portion. The revised payment schedules for the General Obligation Notes reflected that they would be unable to be supported given the cash flow and revenue to the system. In a memorandum dated December 22, 2009 to the Finance Committee, the Bethlehem Authority reported on their actions taken at their meeting on December 10, 2009 and stated that they strongly support the plan that was presented to the Finance Committee on December 9, 2009. No further action was taken by the Committee. The General Obligation Notes (line of credit) Series A and B of 2010 for Water and Sewer Systems Infrastructure Investment, and the Refinancing of the Bethlehem Authority’s 1998 Guaranteed Water Revenue Bonds are to be listed on the City Council Agenda for the December 22, 2009 Meeting on Final Reading under the debt service schedules as presented at the December 9, 2009 Finance Committee meeting.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 25 – 2009 – Adopting the 2010 General Fund Budget

The Clerk read Bill No. 25 – 2009 – Adopting the 2010 General Fund Budget, on Final Reading.

Amendment 1 to Bill No. 25 – 2009

Mr. Reynolds and Mr. Leeson sponsored the following Amendment:

That the following sections which read as follows:
SECTION 2. Appropriations in the sum of Seventy-One Million, Six Hundred Twenty Thousand ($71,620,000) Dollars are hereby made from the General Fund as follows:

To the Council:
Personal Services $ 188,027
Materials and Supplies 0
Purchase of Services [ 77,890 ]
Equipment 5,700

TOTAL $[ 271,687 ]

To the Department of Community and Economic Development:
Personal Services $3,601,602
Materials and Supplies [141,340 ]
Purchase of Services 2,113,816
Equipment 27,000

TOTAL $[5,883,758 ]

To the Department of Public Works:
Personal Services $3,339,538
Materials and Supplies [ 318,804 ]
Purchase of Services 2,385,415
Equipment 30,742

TOTAL $[6,074,499 ]

To the Department of Police:
Personal Services $[11,913,875 ]
Materials and Supplies [ 516,712 ]
Purchase of Services 534,974
Equipment 102,000

TOTAL $[13,067,561 ]

To the Department of Fire:
Personal Services $9,467,339
Materials and Supplies 328,488
Purchase of Services 201,080
Equipment 36,450

TOTAL $10,033,357

To General and Civic Expenses:

Insurance, Social Security, Unemployment Comp.,
Workers Comp., Pensions, Accumulated Sick Leave,
Heart and Lung Act, Trust Payments, Defined
Contribution Plan Match $[16,902,166 ]

Unforeseen Contingencies, Professional Services Expenses
Transfer to Water Fund, and Loop Shuttle $[ 1,123,797 ]

Sister City, PA League of Cities Dues, Fine Arts
Commission $ [ 38,950 ]

TOTAL $[29,604,270 ]

Shall be amended to read as follows:
SECTION 2. Appropriations in the sum of Seventy-One Million, Six Hundred Twenty Thousand ($71,620,000) Dollars are hereby made from the General Fund as follows:

To the Council:
Personal Services $ 188,027
Materials and Supplies 0
Purchase of Services 136,890
Equipment 5,700

TOTAL $ 330,687

To the Department of Community and Economic Development:
Personal Services $3,601,602
Materials and Supplies 133,925
Purchase of Services 2,113,816
Equipment 27,000

TOTAL $5,867,343

To the Department of Public Works:
Personal Services $3,339,538
Materials and Supplies 311,800
Purchase of Services 2,385,415
Equipment 30,742

TOTAL $6,067,495

To the Department of Police:
Personal Services $11,845,913
Materials and Supplies 498,712
Purchase of Services 534,974
Equipment 102,000

TOTAL $12,981,599

To the Department of Fire:
Personal Services $9,477,339
Materials and Supplies 322,238
Purchase of Services 201,080
Equipment 36,450

TOTAL $10,037,107

To General and Civic Expenses:

Insurance, Social Security, Unemployment Comp.,
Workers Comp., Pensions, Accumulated Sick Leave,
Heart and Lung Act, Trust Payments, Defined
Contribution Plan Match $16,872,942

Unforeseen Contingencies, Professional Services Expenses
Transfer to Water Fund, and Loop Shuttle $ 1,186,652

Sister City, PA League of Cities Dues, Fine Arts
Commission $ 42,950

TOTAL $29,641,901

Ms. Dolan moved to request that an explanation be provided on the upgrades in the Parks and Public Property Department for Building Maintenance and Pool Technician and in the Golf Course for Golf Course Lead Technician. Mr. Leeson seconded the motion. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The motion passed.

Ms. Dolan noted there is some misunderstanding regarding the upgrades and the current Union contract, and why it was necessary to create new positions and raising salaries as opposed to an employee remaining at that level and title.

Ralph Carp, Director of Parks and Public Property, advised there are needs in both Bureaus to provide greater leadership, mentoring and support to the general work group. Continuing on to say there are individuals in the work groups who have exceptional skills, Mr. Carp explained he would like to capitalize on their skill sets, place them in the positions, acknowledge and properly compensate them. In addition, Mr. Carp stated he would like to have the individuals mentor others in the work group to strengthen it.

In further response to Ms. Dolan, Mr. Carp affirmed that a detailed description of the individual jobs will be written. Mr. Carp informed Ms. Dolan that he is interested in the positions being correctly identified rather than vague in the description of responsibilities.

Ms. Dolan stated that she felt Council should have the benefit of the explanation in case the issue comes up in the future.

Mrs. Belinski, advising she received calls about the matter, noted some of the Union members are very upset that the upgrades are arbitrarily being given and they were not consulted.

Ms. Dolan, commenting it is her understanding it has been done for a long time, said there is the possibility that in the future the contract could be negotiated differently.

Mrs. Belinski, expressing she wonders why if this has been done that she received calls from the Union President and Vice President who were very upset about it, stated this should have been negotiated through the Union but the Union was bypassed.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Amendment 1 to Bill No. 25 – 2009 passed.

Amendment 2 to Bill No. 25 - 2009

Mr. Reynolds stated that he would like to propose the following Amendment to place back into the General Fund Budget the addition of two Police Officers to be hired in July 2010. Amendment 1 to Bill No. 25 – 2009 placed into the Unforeseen Contingency Account the funding for the hiring of three additional Police Officers in the 2010 General Fund Budget that had originally been proposed.

Dept/Bureau Account Decrease
City Council 0101-42055 Professional Services $45,308
General Expenses 0801-42090 Unforeseen Contingency $19,482

Dept/Bureau Account Increase Police Department 0601-40001 Police Salaries $45,308
General Expenses 0801-42085 Medical Insurance $19,482

Total Increase $ 0

President Donchez pointed out that the motion must be made by a Member of Council who voted in the majority to delete the hiring of three additional Police Officers in the 2010 General Fund Budget that had originally been proposed.

Ms. Dolan made the motion. Mr. Reynolds seconded the motion.

Mr. Reynolds recounted that at the Final Budget Meeting on December 15, 2009 by a vote of five to two the funding for three additional Police Officer positions was placed into the Unforeseen Contingency Account. In addition, the amount of $60,000 was placed into City Council’s Professional Services Account with the intent of hiring a budget analyst. Mr. Reynolds explained that under Amendment 2 the amount of $45,308 is being removed from the $60,000 amount in City Council’s Professional Services Account and the $45,308 is placed into Police Department – Salaries for the hiring of two additional Police Officers in July 2010; and, $19,482 is being removed from the Unforeseen Contingency Account and is placed into the Medical Insurance Account for the benefits costs for the two Police Officers. Mr. Reynolds calculated that placing $60,000 into City Council’s Professional Services Account raised City Council’s Budget by approximately 31% with which he personally disagreed in view of the fact that three Police Officers positions were being placed into Unforeseen Contingency. Mr. Reynolds explained that adding two Police Officers instead of three Police Officers is a compromise. Mr. Reynolds stated that safety should not be taken for granted and Police Officers are needed. Mr. Reynolds continued on to say that at the various Block Watch meetings citizens constantly tell City officials that more Police are needed. Commenting that if the development were not going on now then the City might be able to live with the current Police staffing levels, Mr. Reynolds thought that adding Police Officers is the right thing to do. He communicated that with the current economic problems it does not send the right message to raise Council’s Budget but yet not fulfill one of the most basic municipal services of providing safety for the residents. Mr. Reynolds related that a citizen asked him why would Council vote to increase its budget and not want to increase the Police force. Mr. Reynolds expressed that funding from the $60,000 would be better spent on two Police Officers than on Council’s own budget.

Ms. Dolan asked if $45,308 would cover the cost of two Police Officers.

Dennis Reichard, Business Administrator, replied yes with two Police Officers starting July 2010.

Ms. Dolan recalled that the vote taken at the Final Budget Meeting took the cost of salaries for three Police Officers and placed it into the Unforeseen Contingency Account so that it gave time until July 2010 to see if those funds would possibly be needed because of shortfalls or decline in revenues, but with the hope that would not be the case. It also left the flexibility to hire three Police Officers as originally contained in the Proposed 2010 Budget. Ms. Dolan questioned if it is impractical to place the money into the Unforeseen Contingency Account in terms of moving forward.

Mr. Reichard affirmed that Council approval is needed in order to move money out of the Unforeseen Contingency Account. Confirming that in June 2010 a request could be made to City Council to transfer funds out of the Unforeseen Contingency Account for hiring Police Officers, Mr. Reichard noted, however, that Police Commissioner Bedics explained earlier why he wanted the Police Officers to be hired.

Ms. Dolan thought the understanding was to place the funds into the Unforeseen Contingency Account for consideration to be used for Police Officers if needed.

Mr. Leeson explained that, because crime is going down in the City and data produced suggested that the biggest increase with respect to the Casino involved people who were sick as opposed to crimes, advised since everyone is in favor of public safety it was his suggestion to continue to monitor the crime statistics. If crime starts to go up then the money is there to take action. Mr. Leeson suggested that if the Administration had identified a true need situation they would have requested that the three Police Officers be hired effective January 1, 2010. Mr. Leeson recounted that last week he quoted the statistics that the City reports to the FBI.

Ms. Dolan communicated her thought that the vote taken at the Final Budget Meeting was a compromise because it satisfied the need to have a cushion if absolutely needed and also gave the opportunity to look at the needs at mid-year and move forward with placing money where it needs to go. Ms. Dolan, highlighting the fact that no Police Officer positions are being cut, pointed out the question is whether three more Police Officers are needed in July 2010. She continued on to say there is every ability to make a decision to hire Police Officers at any point with the placement of the monies in the Unforeseen Contingency Account, and attention is being given to public safety.

President Donchez affirmed that the action taken at the Final Budget Meeting was to place into the Unforeseen Contingency Account the amount estimated at $97,186 associated with the deletion of three Police Officers from the Police Department Budget, with the note that expenditure of any of the savings shall not be made without prior approval of City Council.

Ms. Dolan expressed it is safer to put the money into Unforeseen Contingency than taking it out of Council’s Professional Services.

Mr. Reynolds asked the benefit of having the money for Police salaries now rather than waiting until July.

Police Commissioner Bedics, querying if the crime benchmark would be waiting until there is another homicide or ten more robberies, for example, advised that the process of hiring a Police Officer takes almost six months including background investigations and polygraphs. Police Commissioner Bedics further advised that by March 2010 a decision would be necessary in order for a newly hired Police Officer to attend the Police Academy for training that starts in August.

While expressing his personal belief that the Police Officers are needed now, Mr. Reynolds pointed out that, given the process, placing the money into the Police Salaries Account would prevent a delay in putting Police Officers on the street.

Mr. Schweder, commenting this was disposed of already, observed if the amendment sponsored by Mr. Reynolds passed there would be funding for five Police Officers. Mr. Schweder, affirming that he proposed the amendment at the Final Budget Meeting for a financial consultant or budget analyst type position for City Council, confirmed he will not be on Council next year and a majority of those who will be Members of Council next year have said they do not want to have it. Mr. Schweder recalled that several years ago funding was also taken out of the Proposed Budget and then later was put back in. Mr. Schweder thought the debate should probably end now and approve Amendment 2.

Mr. Mowrer stated that he supports Mr. Leeson’s proposal that passed at the Final Budget Meeting.

Attorney Spadoni affirmed to President Donchez that four votes are needed to adopt Amendment 2.

President Donchez, confirming that he supported the funding for the three Police Officers, pointed out that Mr. Reynold’s proposal would leave $17,000 in City Council’s Professional Services Account for financial advice that he said is important. President Donchez, while noting he was not in favor of a full time position, thought it is very important that City Council have an allocation when needed to obtain independent financial advice, just as Council has its own independent Solicitor. President Donchez communicated it has nothing to do with lack of trust but rather separation of powers between the Executive and Legislative branches of City government. President Donchez commented that when dealing with financial matters such as bond issues City Council would be served well with obtaining a financial analyst’s review and opinion. President Donchez restated, as he had explained at the Final Budget Meeting, that it is important to hire the Police Officers which would take the total to 162 Police Officers. While expressing his belief that the number of Police Officers should be 170, President Donchez stated that the specialty units need more manpower. Communicating it has been very fortunate that there has not been a spike in crime with the casino, President Donchez observed there are spikes in other areas.

Mr. Mowrer, affirming he is not against hiring Police Officers, remarked he does not think if Council votes against this they are saying that. Mr. Mowrer highlighted the fact that it has been made clear that the money is there if needed. Mr. Mowrer, saying the need is if crime does start to increase, stated if that is the case and support is needed he will be one of the first in line. However, Mr. Mowrer communicated at this time this is not quite right, as crime has been going down. Mr. Mowrer, observing that Firefighters are needed too, said he will vote against the amendment.

Voting AYE on Amendment 2: Mrs. Belinski, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 4. Voting NAY: Ms. Dolan, Mr. Leeson, and Mr. Mowrer, 3. Amendment 2 passed.

Voting AYE on Bill No. 25, as Amended: Mrs. Belinski, Ms. Dolan, Mr. Reynolds, and Mr. Donchez, 4. Voting NAY: Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 3. Bill No. 25 – 2009, hereafter to be known as Ordinance 2009-27, was declared adopted.

B. Bill No. 26 – 2009 – Adopting the 2010 Water Fund Budget

The Clerk read Bill No. 26 – 2009 – Adopting the 2010 Water Fund Budget, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Reynolds, and Mr. Donchez, 4. Voting NAY: Mr. Leeson, Mr. Mowrer, and Mr. Schweder. Bill No. 26 – 2009, hereafter to be known as Ordinance 2009-28, was declared adopted.

C. Bill No. 27 – 2009 – Adopting the 2010 Sewer Fund Budget

The Clerk read Bill No. 27 – 2009 – Adopting the 2010 Sewer Fund Budget, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Reynolds, and Mr. Donchez, 4. Voting NAY: Mr. Leeson and Mr. Schweder, 2. (Mr. Mowrer was absent at the time of the vote.) Bill No. 27 – 2009, hereafter to be known as Ordinance 2009-29, was declared adopted.

D. Bill No. 28 – 2009 – Adopting the 2010 Golf Course Enterprise Fund Budget

The Clerk read Bill No. 28 – 2009 – Adopting the 2010 Golf Course Enterprise Fund Budget, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Reynolds, and Mr. Donchez, 4. Voting NAY: Mr. Leeson and Mr. Schweder, 2. (Mr. Mowrer was absent at the time of the vote.) Bill No. 28 – 2009, hereafter to be known as Ordinance 2009-30, was declared adopted.

E. Bill No. 29 – 2009 – Adopting the 2010 Liquid Fuels Fund Budget

The Clerk read Bill No. 29 – 2009 – Adopting the Liquid Fuels Fund Budget, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Reynolds, and Mr. Donchez, 4. Voting NAY: Mr. Leeson and Mr. Schweder, 2. (Mr. Mowrer was absent at the time of the vote.) Bill No. 29 – 2009, hereafter to be known as Ordinance 2009-31, was declared adopted.

F. Bill No. 30 – 2009 – Adopting the 2010 Capital Budget for Non-Utilities

The Clerk read Bill No. 30 – 2009 – Adopting the 2010 Capital Budget for Non-Utilities, on Final Reading.

Amendment to Bill No. 30 – 2009

Mr. Reynolds and Mr. Mowrer sponsored the following Amendment:

That the following sections which read as follows:

SECTION 2. Appropriations in the sum of [ Eleven Million, One Hundred Eighty-Two Thousand, Forty-Six ($11,182,046) ] Dollars are hereby made from the sources indicated in Section 3 hereof as follows:

Other Non-Utility Projects

CADCB Façade/Housing Rehab 4,058
eGov Software 6,759
Home Investment Trust 4,870
Illick's Mill 37,923
Safe Route to School 120,435
Temp. Assist. To Needy Families 866
Traffic Calming Devices 7,270
North by NW Residential Reinvest 364,658
Greenway Design 123,948
Elm Street Trees Program 45,000
North by NW Projects 50,000
Parking Feasibility Study 15,000
Stock House Visitor's Center 125,768
Traffic Calming Study 20,000

Total Other Non-Utility Projects [ 926,555 ]

Total Non-Utility Capital
(Net Other Funds) [ 11,182,046 ]

Section 3. The expenditures listed in Section 2 hereof shall be made from the following sources:

2009 Note $ 4,271,252
2007 Note 1,272,690
2005 Bond 24,970
Federal & PA Grants [ 4,491,996 ]
Cash/Misc. 1,121,138

TOTAL $[ 11,182,046 ]

Shall be amended to read as follows:

SECTION 2. Appropriations in the sum of Eleven Million, Two Hundred Twelve Thousand, Forty-Six ($11,212,046) Dollars are hereby made from the sources indicated in Section 3 hereof as follows:

Other Non-Utility Projects

CADCB Façade/Housing Rehab 4,058
eGov Software 6,759
Home Investment Trust 4,870
Illick's Mill 37,923
Safe Route to School 120,435
Temp. Assist. To Needy Families 866
Traffic Calming Devices 7,270
North by NW Residential Reinvest 364,658
Greenway Design 123,948
Elm Street Trees Program 45,000 45,000
North by NW Projects 50,000
Parking Feasibility Study 15,000
Stock House Visitor's Center 125,768
Historic Preservation Plan 30,000
Traffic Calming Study 20,000

Total Other Non-Utility Projects 956,555

Total Non-Utility Capital
(Net Other Funds) 11,212,046

Section 3. The expenditures listed in Section 2 hereof shall be made from the following sources:

2009 Note $ 4,271,252
2007 Note 1,272,690
2005 Bond 24,970
Federal & PA Grants 4,521,996
Cash/Misc. 1,121,138

TOTAL $ 11,212,046

Voting AYE on the Amendment to Bill No. 30 – 2009: Mrs. Belinski, Ms. Dolan, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 5. Voting NAY: Mr. Leeson. 1. (Mr. Mowrer was absent at the time of the vote.) The Amendment passed.

Voting AYE on Bill No. 30 – 2009, as Amended: Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Reynolds, and Mr. Donchez, 4. Voting NAY: Mr. Leeson and Mr. Schweder, 2. (Mr. Mowrer was absent at the time of the vote.) Bill No. 39 – 2009, hereafter to be known as Ordinance 2009-32 was declared adopted.

G. Bill No. 31 – 2009 – Adopting the 2010 Capital Budget for Water Utilities

The Clerk read Bill No. 31 – 2009 – Adopting the 2010 Capital Budget for Water Utilities, on Final Reading.

Amendment to Bill No. 31 – 2009

Mr. Reynolds and Ms. Dolan moved the following Amendment:

That the following section which reads as follows:

SECTION 3. The expenditures listed in Section 2 hereof shall be made from the following sources:

[Bond Redemption and Improvement Fund – Bethlehem Authority] $ 2,871,512
H20 PA Grant 275,000

Shall be amended to read as follows:

SECTION 3. The expenditures listed in Section 2 hereof shall be made from the following sources:

Line of Credit (General Obligation Note) $ 2,871,512
H20 PA Grant 275,000

Ms. Dolan, noting that extensive detail was presented at the Finance Committee meeting, commented she has a greater understanding of the need for the projects and the savings that will be achieved. Ms. Dolan, pointing out that the long term goal is to make extremely important improvements to the infrastructure, commented that she supports the Bill.

Voting AYE on the Amendment: Mrs. Belinski, Ms. Dolan, Mr. Reynolds, and Mr. Donchez, 4. Voting NAY: Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 3. The Amendment passed.

Voting AYE on Bill No. 31 – 2009, as Amended: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 31 – 2009, hereafter to be known as Ordinance 2009-33, was declared adopted.

H. Bill No. 32 – 2009 – Adopting the 2010 Capital Budget for Sewer Utilities

The Clerk read Bill No. 32 – 2009 – Adopting the 2010 Capital Budget for Sewer Utilities, on Final Reading.

Amendment to Bill No. 32 - 2009

Mr. Reynolds and Mr. Mowrer moved the following Amendment:

That the following sections which read as follows:

SECTION 3. The expenditures listed in Section 2 hereof shall be made from the following sources:

2010 Revenue Sources:
Tapping Fees [ 200,000 ]
Capital Appropriations 635,000
H20 PA Grant 1,000,000
Line of Credit [ 2,618,262 ]

TOTAL $ 4,453,262

Shall be amended to read as follows:

SECTION 3. The expenditures listed in Section 2 hereof shall be made from the following sources:

2010 Revenue Sources:
Tapping Fees 218,262
Capital Appropriations 635,000
H20 PA Grant 1,000,000
Line of Credit (General Obligation Note) 2,600,000

TOTAL $ 4,453,262

Mr. Leeson, recounting that during the Budget Hearings he had expressed his comments and concerns about the different Budgets on which Council is voting tonight, advised he would like to address the borrowing for the Water and Sewer Systems. Confirming there is no question that the repairs have to be done, Mr. Leeson said one of the things he finds most objectionable is that the most expensive way is being chosen to do it. Highlighting the fact that the Line of Credit borrowing for the Water System improvements on which City Council just voted is an interest only loan, Mr. Leeson stated he cannot accept that, and some of the reasons he is opposing the Bills tonight are from a fiscal perspective.

Voting AYE on the Amendment: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 5. Voting NAY: Mr. Leeson and Mr. Schweder, 2. The Amendment passed.

Voting AYE on Bill No. 32 – 2009, as Amended: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 5. Voting NAY: Mr. Leeson and Mr. Schweder, 2. Bill No. 32 – 2009, hereafter to be known as Ordinance 2009-34, was declared adopted.

I. Bill No. 33 – 2009 – Adopting the 2010 Community Development Budget

The Clerk read Bill No. 33 – 2009 – Adopting the 2010 Community Development Budget,
on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 5. Voting NAY: Mr. Leeson and Mr. Schweder, 2. Bill No. 33 – 2009, hereafter to be known as Ordinance 2009-35, was declared adopted.

J. Bill No. 34 – 2009 – Adopting the 2010 9-1-1 Fund Budget

The Clerk read Bill No. 34 – 2009 – Adopting the 2010 9-1-1 Fund Budget, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 5. Voting NAY: Mr. Leeson and Mr. Schweder, 2. Bill No. 34 – 2009, hereafter to be known as Ordinance 2009-36, was declared adopted.

K. Bill No. 35 – 2009 – Fixing the 2010 Tax Rate for All City Purposes

The Clerk read Bill No. 35 – 2009 – Fixing the 2010 Tax Rate for All City Purposes, on Final Reading.

Mr. Leeson credited the Administration for holding the tax rate.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Voting NAY: Mr. Schweder, 1. Bill No. 35 – 2009, hereafter to be known as Ordinance 2009-37, was declared adopted.

L. Bill No. 36 – 2009 – General Obligation Note (Line of Credit) – Sewer Capital and Water Capital Funds

The Clerk read Bill No. 36 – 2009 – Line of Credit – Sewer Capital and Water Capital Funds, on Final Reading.

Mr. Schweder stated this is a number of Budgets in a row that he did not think were balanced or accurate. Mr. Schweder denoted that, with the adoption of the Line of Credit, the debt of the City is now just under $300,000,000 again.

Ms. Dolan inquired whether the recitals she had requested to be added to the Ordinance were legally binding. Ms. Dolan explained the intent was that future Councils and the Administration pledge themselves to deal with the financing rather than suddenly having a large debt payment to be made. Ms. Dolan observed that if future Councils and the Administration do what is believed needs to be done this actually is a less expensive approach. Remarking that a very good rate was obtained on the borrowing, Ms. Dolan stated it is a bridge to get the City to a point where it can be rolled into bond debt.

Attorney Kevin Reid, of King, Spry, Bond Counsel, advised that with respect to the recital requested by Ms. Dolan it is found on the top of page 4 of the amended Ordinance that was distributed to the Members of Council. Attorney Reid added it indicates the intention that is not binding.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 5. Voting NAY: Mr. Leeson and Mr. Schweder, 2. Bill No. 36 – 2009, hereafter to be known as Ordinance 2009-38, was declared adopted.

M. Bill No. 37 – 2009 – Amending Article 721 – Streets and Sidewalks – Vendor Ordinance

The Clerk read Bill No. 37 – 2009 – Amending Article 721 – Streets and Sidewalks – Vendor Ordinance, on Final Reading.

Ms. Dolan expressed her belief that an Ordinance, especially when it inspires so much passion among citizens, should take as long as it needs to get it right. Ms. Dolan, noting that different legal opinions have been forwarded, stated she will reference the opinions presented by Council Attorney Spadoni. Ms. Dolan commented that if Council votes in favor of the Bill tonight the terms of the professional contract with the Historic Preservation Officer will be changed, and the changes will be handed over to the committee. Any additional hours required of the Historic Preservation Officer will be uncompensated. In addition, any costs incurred by the committee such as legal advertising would come from City Council’s budget. Ms. Dolan emphasized that all of the versions of the Ordinance were designed to regulate vendors. Highlighting the fact that the big difference is who is going to handle the regulations, Ms. Dolan stressed that powers not normally granted would be given to citizen committees, and at the very end City Council would say yes or no. Turning to the response from John F. Spirk, Jr., Esq., City Solicitor, Ms. Dolan noted Attorney Spirk believes that since the historic boards have publicly stated they oppose all vendors one could perceive a vendor whose license has been revoked making an argument to court that the agency lacked impartiality and acted arbitrarily and capriciously, and added that is her worry. Ms. Dolan communicated that City Council will have to make sure that the vendors are in line. Ms. Dolan, expressing she thinks the Ordinance needs more work and needs to be looked at, stated the Ordinance as amended never went to Committee.

Pointing out she does not see the rush, Ms. Dolan said she would make a motion that the Ordinance not be acted on tonight, that it be tabled, and sent back to Committee for further evaluation. There was no second to the motion, and the motion died.

Amendment to Bill No. 37 – 2009

Mr. Leeson affirmed that at his request Attorney Spadoni prepared an amendment addressing the review of outdoor dining furniture in the Historic District, moved that the amendment be considered. Mrs. Belinski seconded the motion. The Amendment follows:

That Section 721.06, B, which reads as follows:

B. Restaurateurs may have outdoor dining that occupy the public right-of-way adjoining its property. For all outdoor dining that occupies the public right-of-way a permit must be obtained for $10.00 from the Department of Public works subject to the rules and regulations issued by the Department. A minimum of five (5) feet of clear walkway must be maintained at all times on the sidewalk. There can be no outdoor dining during Municipal Sponsored or Sanctioned Events, unless the Department of Public works permits said activity.

Shall be amended to read as follows:

B. Restaurateurs may have outdoor dining that occupy the public right-of-way adjoining its property. For all outdoor dining that occupies the public right-of-way a permit must be obtained for $10.00 from the Department of Public works subject to the rules and regulations issued by the Department. A minimum of five (5) feet of clear walkway must be maintained at all times on the sidewalk. There can be no outdoor dining during Municipal Sponsored or Sanctioned Events, unless the Department of Public works permits said activity. For locations of outdoor dining within any historic district as established by the City of Bethlehem, the furnishings and equipment, if any, for outdoor dining shall be subject to review by the Committee and City Council as set forth in Section 721.05.

Ms. Dolan, while commenting she is in favor of finding ways to regulate the outdoor dining furniture, stressed that the amendment would give the power to the historic review boards and they do not have that power under Pennsylvania statute since their power is limited to structures as opposed to such matters as furniture. Ms. Dolan asked Mr. Schweder if that is correct.

Mr. Schweder responded that the authority that the committee gains is through the Ordinance and not through State authority. Mr. Schweder, noting that the committee has no authority to implement anything, said it is advisory the same as other boards are to City Council and City Council ultimately makes the decision.

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

Voting AYE on Bill No. 37 – 2009, as Amended: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. Voting NAY: Ms. Dolan, 1. Bill No. 37 – 2009, hereafter to be known as Ordinance 2009-39, was declared adopted.

10. NEW ORDINANCES

A. Bill No. 38 – 2009 – Guaranty of Bethlehem Authority Bonds to Refinance the 1998 Guaranteed Water Revenue Bonds

The Clerk read Bill No. 38 – 2009, Guaranty of Bethlehem Authority Bonds to Refinance the 1998 Guaranteed Water Revenue Bonds, sponsored by Ms. Dolan and Mr. Reynolds, and titled:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BETHLEHEM, LEHIGH
AND NORTHAMPTON COUNTIES, PENNSYLVANIA, DETERMINING TO
INCUR DEBT IN THE PRINCIPAL AMOUNT NOT TO EXCEED $11,600,000
IN CONNECTION WITH THE REFUNDING BY BETHLEHEM AUTHORITY
(THE “AUTHORITY”) OF CERTAIN LEASE RENTAL DEBT HERETOFORE
LAWFULLY INCURRED BY THE AUTHORITY AS EVIDENCED BY THE
AUTHORITY’S OUTSTANDING CURRENT INTEREST BONDS
DESIGNATED AS GUARANTEED WATER REVENUE BONDS, SERIES OF
1998 (THE “1998 BONDS”); DETERMINING THAT SUCH DEBT SHALL BE
INCURRED AS LEASE RENTAL DEBT TO BE EVIDENCED BY A SERIES
OF GUARANTEED WATER REVENUE BONDS, SERIES OF 2010, TO BE
AUTHORIZED AND TO BE ISSUED BY THE AUTHORITY; BRIEFLY
DESCRIBING THE PROJECT REFINANCED BY THE 1998 BONDS AND
SPECIFYING THE REMAINING USEFUL LIFE OF SAID PROJECT;
AUTHORIZING AND DIRECTING THE MAYOR, THE PRESIDENT OF THE
COUNCIL, THE CITY CONTROLLER, THE CITY TREASURER, THE
BUSINESS ADMINISTRATOR OR THE CITY CLERK OF THE CITY TO
PREPARE, VERIFY AND FILE, AS APPLICABLE, THE DEBT STATEMENT
AND OTHER APPROPRIATE DOCUMENTS REQUIRED BY THE LOCAL
GOVERNMENT UNIT DEBT ACT, 53 PA. C.S. § 8001 ET SEQ., AS
AMENDED AND SUPPLEMENTED, AND, UPON RECEIPT OF APPROVAL
OF THE PENNSYLVANIA DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPMENT, TO EXECUTE, ATTEST, ACKNOWLEDGE
AND DELIVER, AS APPROPRIATE, (I) A SEVENTH SUPPLEMENTAL
CONTRACT AND LEASE, BETWEEN THE AUTHORITY, AS LESSOR,
AND THE CITY, AS LESSEE, SUPPLEMENTING A CONTRACT AND
LEASE, DATED AS OF JANUARY 1, 1992, AS HERETOFORE AMENDED
AND SUPPLEMENTED, BETWEEN SAID AUTHORITY, AS LESSOR, AND
THE CITY, AS LESSEE, AND (II) A GUARANTY AGREEMENT WITH
RESPECT TO AFORESAID GUARANTEED WATER REVENUE BONDS,
SERIES OF 2010; APPROVING THE FORMS OF SAID SEVENTH
SUPPLEMENTAL CONTRACT AND LEASE AND SAID GUARANTY
AGREEMENT; CONSENTING TO THE ASSIGNMENT OF SAID SEVENTH
SUPPLEMENTAL CONTRACT AND LEASE BY THE AUTHORITY, AS
SECURITY, TO THE BANK OF NEW YORK MELLON, AS TRUSTEE
UNDER A TRUST INDENTURE, DATED AS OF JANUARY 1, 1992, AS
HERETOFORE SUPPLEMENTED AND AMENDED, AND AS FURTHER
SUPPLEMENTED AND AMENDED BY A FIFTH SUPPLEMENTAL TRUST
INDENTURE, AND AUTHORIZING DELIVERY OF SAID GUARANTY
AGREEMENT TO SAID TRUSTEE; SPECIFYING THE MAXIMUM LEASE
RENTALS TO BE PAID BY THE CITY PURSUANT TO SAID SEVENTH
SUPPLEMENTAL CONTRACT AND LEASE AND THE SOURCE OF
PAYMENT OF SUCH LEASE RENTALS; GUARANTEEING PAYMENT OF
THE PRINCIPAL OF AND INTEREST ON THE AFORESAID
GUARANTEED WATER REVENUE BONDS, SERIES OF 2010 AND
MAKING CERTAIN COVENANTS WITH RESPECT THERETO;
SPECIFYING THE MAXIMUM AMOUNT OF THE GUARANTY
OBLIGATIONS OF THE CITY PURSUANT TO SUCH GUARANTY
AGREEMENT; PLEDGING THE FULL FAITH, CREDIT AND TAXING
POWER OF THE CITY WITH RESPECT TO THE GUARANTY
AGREEMENT; AND PROVIDING FOR PROPER OFFICERS OF THE CITY
TO TAKE ALL OTHER REQUIRED, NECESSARY OR DESIRABLE
RELATED ACTION IN CONNECTION WITH SAID PROJECT, SAID
SEVENTH SUPPLEMENTAL CONTRACT AND LEASE, AND SAID
GUARANTY AGREEMENT.

Mr. Leeson, recounting that when the refinancing was initially presented the savings were projected at about $500,000, affirmed that a memorandum was received today from Stephen Repasch, Executive Director of the Bethlehem Authority, indicating that now the savings are down to about $300,000. Continuing on to note that the costs associated with the refinancing is close to $500,000, Mr. Leeson said the structuring of the repayment of the debt is substantially put off to the next generation. There is a swing of roughly $700,000 in the debt load that would start next year and go to the end of the bond issue. Mr. Leeson observed this is the kind of financing engaged in by the State and Federal governments that the City should not follow. Pointing out that the City has always been very responsible in terms of addressing its debt and having level debt payment schedules, Mr. Leeson highlighted the fact that this is a new type of debt schedule for the City with a very expensive price tag, and with very little to show for it. Mr. Leeson stated he will vote no on the Ordinance.

Ms. Dolan inquired whether a more detailed explanation can be provided.

Stephen Repasch, Executive Director of the Bethlehem Authority, affirming that the refinancing was discussed at Finance Committee meetings, confirmed it was presented along with the Line of Credit (Ordinance No. 2009-38 that was passed at this City Council Meeting). Mr. Repasch continued on to affirm that at the Finance Committee meeting Chairman Leeson had asked for additional information about projecting savings over the term of the refinancing. Mr. Repasch advised that it is the refinancing of a Bond Issue to afford some savings that in this case as of December 18, 2009 is approximately $300,000 that is slightly above a 3% savings threshold that had been discussed at the Finance Committee meeting. In response to President Donchez, Mayor Callahan noted that the savings will go towards funding of the water projects.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 5. Voting NAY: Mr. Leeson, and Mr. Schweder, 2. Bill No. 38 – 2009 was declared passed on First Reading.

11. RESOLUTIONS

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

Mrs. Belinski and Ms. Dolan sponsored Resolution No. 2009-220 that transferred $8,529 in the Sewer Fund Budget from the Sewer General – Unforeseen Contingency Account to the Sewer General – Professional Services Account to pay outstanding invoices for the professional services received in connection with the Four Mayors Letter to the DRBC.

Mr. Schweder asked what is the Four Mayors Letter. David Brong, Director of Water and Sewer Resources, replied it was written to the Delaware River Basin Commission to clarify and provide justification for a proposed new rule that revolved around nutrient removal of wastewater effluent. Advising that all the discharges in the Lehigh Valley are potentially impacted, Mr. Brong noted it is very costly to the communities and there was a lobbying effort on the part of the communities as a whole.

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

B. Rate Increase – Golf Cart Fee

Ms. Dolan and Mrs. Belinski sponsored Resolution No. 2009-221 that increased the Golf Fees for golf cart use at the Bethlehem Municipal Golf Course as follows: Power Carts – 18 Holes from $14.00 to $15.00 and 9 Holes from $8.00 to $8.50, effective January 1, 2010.

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

Considering Resolutions as a Group

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

C. Certificate of Appropriateness – 146 East Market Street

Ms. Dolan and Mr. Reynolds sponsored Resolution No. 2009-222 that granted a Certificate of Appropriateness to extend the existing fire escape with a pressure treated lumber walkway and railing across the roof and a steel stairway to the ground at 146 East Market Street.

D. Certificate of Appropriateness – 54 East Church Street

Ms. Dolan and Mr. Reynolds sponsored Resolution No. 2009-223 that granted a Certificate of Appropriateness for replacement garage doors and new paint for the doors and trim (already done) at 54 East Church Street.

E. Certificate of Appropriateness – 456 North New Street

Ms. Dolan and Mr. Reynolds sponsored Resolution No. 2009-224 that granted a Certificate of Appropriateness to extend the soffit, add trim and paint to match existing trim at 456 North New Street.

F. Certificate of Appropriateness – 424 Center Street

Ms. Dolan and Mr. Reynolds sponsored Resolution No. 2009-225 that granted a Certificate of Appropriateness to replace the slate roof and replace the gutters at 424 Center Street.

G. Certificate of Appropriateness – 404 Center Street

Ms. Dolan and Mr. Reynolds sponsored Resolution No. 2009-226 that granted a Certificate of Appropriateness to build a carport at 404 Center Street.

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

12. NEW BUSINESS.

Rescheduling First Meeting in January to Monday, January 4, 2010

Ms. Dolan and Mrs. Belinski to reschedule City Council’s first Meeting in January from Tuesday, January 5, 2010 to Monday, January 4, 2010 that is the date of the Reorganizational Meeting of City Council.

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

13. COURTESY OF THE FLOOR

Police Officer Mark Renninger – Funeral Procession

Scott Lawrence, 39 E. Union Boulevard, advised he is the Uncle of fallen Police Officer Mark Renninger. Mr. Lawrence thanked the City, the Mayor, Police and Fire Commissioners and their Departments and everyone involved that helped with the funeral procession of Sergeant Renninger.

Text Messaging During Council Meeting

Thomas Carroll, 248 E. Union Boulevard, observed that a Member of Council was texting during the Meeting this evening.

Preservation Planning Initiative

Dana Grubb, 2420 Henderson Place, urged that representatives of Historic Bethlehem Partnership, South Bethlehem Historical Society, Sun Inn Preservation and other organizations be included in the Preservation Planning Initiative. Mr. Grubb suggested that the historic organizations be notified about such types of communications.

Outgoing Council Members – Joseph Leeson, Jr. and J. Michael Schweder

Mr. Grubb noted that Mr. Leeson and Mr. Schweder and their families have served the community very well over several generations, and they both represent a very fine example of that type of community commitment. Mr. Grubb, recalling that Mr. Schweder rigorously questioned him during a past Budget Hearing, communicated that is what Council Members should do as they represent the people of the community to do the best they can on their behalf. Mr. Grubb, further recalling that he had worked closely with Mr. Leeson on development of the TIF and the Bethlehem Works agreements, denoted his respect for Mr. Leeson. Mr. Grubb thanked Mr. Leeson and Mr. Schweder for their service, expressed the hope that they will remain engaged in the community, and wished them the best as they step down from City Council.

Carol Ann Krasley, Center Street, said she echoes Mr. Grubb’s comments. Mrs. Krasley thanked Mr. Leeson for his years of dedicated service, his interest in her part of the City, and his integrity. Mrs. Krasley wished Mr. Leeson success in all his future endeavors. Mrs. Krasley commented that Mr. Schweder has exhibited a decorum and composure which is a standard that is held high. Mrs. Krasley offered the sentiments of Robert Pfenning to Mr. Leeson and Mr. Schweder of his appreciation for their interest in the community and years of service, and his wishes for their continued success.

Various Issues

Terry Meixell, 56 E. Goepp Street, stated that perhaps the potholes can be filled in on West Lehigh Street. Mr. Meixell, referring to Mrs. Belinski’s comments, remarked that Council has not put the Administration to task. Mr. Meixell communicated his thoughts that there was over $500,000 of wasted money on the issue of the One Way Pairing proposal in the vicinity of Five Points, and stressed that the residents received nothing for the expenditure. Turning to the Fire Department aerial ladder truck that is not paid for, Mr. Meixell questioned is it legal to take bond money set aside for something and spend it elsewhere. Mr. Meixell remarked that Council needs to undertake an investigation more so than hiring a budget analyst. Mr. Meixell expressed the hope that Members of Council would ask the Fire Commissioner to address some of the issues at the Fire Stations, especially the emergency power, and added that radio communications are lost.

Outgoing Council Members – Joseph Leeson, Jr. and J. Michael Schweder

Stephen Antalics, 737 Ridge Street, commented that numbers one and three in evaluations are being lost to Council and to the City. Mr. Antalics added it will be a hard task to keep the high quality of City Council Members with the departure of Mr. Schweder and Mr. Leeson. Mr. Antalics noted that Mr. Leeson speaks with substance and Mr. Schweder has the acute ability to see the issue and define it precisely.

Bill Scheirer, 1890 Eaton Avenue, stated that Mr. Leeson and Mr. Schweder took the positions that they felt represented the best interests of the City. Mr. Scheirer said they have earned his respect and their presence will be missed in these chambers.

Mary Pongracz, 321 W. Fourth Street, stated the City is losing two good people on Council, and added they will be big shoes to fill. Ms. Pongracz expressed that citizens have the right to speak out.

Louise Valeriano, 3114 East Boulevard, thanked Mr. Schweder and Mr. Leeson for their years of patience, experience, wisdom, good judgment, balanced opinions, insight, and diplomacy. Ms. Valeriano commented that their efforts were appreciated by more people than they can ever know. Ms. Valeriano thanked them for their years of service.

Various Issues

Eddie Rodriquez, 1845 Linden Street, thanked Mr. Schweder and Mr. Leeson who he said are outstanding gentlemen who know exactly what is needed for the City and said it is a shame they are leaving Council. Mr. Rodriquez asserted the North Side and South Side should be patrolled by Police Officers on foot, and changes should be made in the areas of the Police Substations. Mr. Rodriquez stressed there is a negative environment that is moving into the City in the area of drugs that changes the normal behavior of people to the point that they do not care about anything, anybody, or the actions they take. Mr. Rodriquez felt that Members of Council need to be more involved with the citizens.

The meeting was adjourned at 10:05 p.m.