Council Minutes

May 4, 2004 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, May 4, 2004 – 7:30 PM – Town Hall

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

President J. Michael Schweder called the meeting to order. Reverend Gordon Mowrer offered the invocation which was followed by the pledge to the flag. Present were Ismael Arcelay, Jean Belinski, Robert J. Donchez, Joseph F. Leeson, Jr., Gordon B. Mowrer, Magdalena F. Szabo, and J. Michael Schweder, 7.

Historic Preservation Awards

Chris Ussler, Historic Officer, informed the assembly that this week is Historic Preservation Week. She recounted that Bethlehem had the first Historic District in Pennsylvania that was created in 1961. In 1986, four more National Register Historic Districts were added. In 2000, a Historic District was initiated on the South Side. This year, the City commenced the listing of the South Bethlehem Historic District on the National Register. Ms. Ussler highlighted the fact that historic tax credits are available for restoring commercial properties in commercial districts. In considering the awards, Ms. Ussler explained that more recent projects are being reviewed at this point and will be followed in the future by older projects.

Beth Starbuck, Chair of the South Bethlehem Historic Conservation Commission, presented a Historic Preservation award for Union Station. She explained the history of the site that was formerly used for passenger trains and is now used by St. Luke’s Hospital.

Frederick Bonsall, Chair of the Historic and Architectural Review Board of the North Side, presented a Historic Preservation award for Radisson Hotel Bethlehem, and Morning Star Inn.

4. APPROVAL OF MINUTES

The minutes of April 20, 2004 were approved.

Welcoming Back Charles Brown, Director of Parks and Public Property

President Schweder welcomed back Charles Brown, Director of Parks and Public Property, who returned to work after a recent illness. Mr. Brown thanked everyone for their thoughts and prayers.

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

None.

6. OLD BUSINESS

None.

7. COMMUNICATIONS

A. Mayor Callahan – Return of Vetoed Ordinance No. 4248

The Clerk read from the statement, Return of Vetoed Ordinance, dated April 26, 2004 from Mayor John B. Callahan to which was attached Ordinance No. 4248, passed by City Council on April 20, 2004, advising that he disapproves and vetoes the Ordinance, and returned the vetoed Ordinance to City Council.

The full text of the Veto statement is as follows:
“Whereas, on April 20, 2004, the Bethlehem City Council adopted Ordinance No. 4248, attached hereto; and Whereas, on April 21, 2004, the City Clerk submitted the aforesaid Ordinance to the Mayor. Now, therefore, pursuant to the power vested in the Mayor by Section 41413 of the Optional City Charter Law, 53 P.S. § 41413, to veto ordinances he disapproves of, the Mayor hereby disapproves and vetoes the aforesaid Ordinance, and returns said vetoed Ordinance to the City Council. Among other objections to the vetoed Ordinance, the Mayor believes that it inflicts unnecessary pain on the taxpayers, and puts unnecessary pressure on the already-tight 2005 budget. Other financing options exist, which have been utilized by the city in the past, which would at a relatively low annual cost take advantage of the City's 6-year history of aggressively paying down debt by wrapping the new debt around the declining debt, so as to maintain a level debt payment structure into the future consistent with our current structure. This plan will better set the City up for success, and will better enable the city to absorb any future borrowing needed to ensure that success.”

President Schweder stated that Resolution 11 A is on the Agenda for Council’s consideration.

B. City Solicitor – Use Permit Agreement for Public Property – Steelworkers’ Archives – Bethlehem Historical and Cultural Festival

The Clerk read a memorandum dated April 23, 2004 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed Use Permit Agreement between the City of Bethlehem and the Steelworkers’ Archives, Inc. for use of various City properties for the Bethlehem Historical and Cultural Festival for the time period June 7 through June 16, 2004, according to the terms of the agreement.

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

C. City Solicitor – Amendment No. 1 to Lease Agreement – Food Concession Stands at Memorial Pool and Saucon Pool

The Clerk read a memorandum dated April 23, 2004 from John F. Spirk, Jr., City Solicitor, to which was attached proposed Amendment No. 1 to Lease Agreement between the City of Bethlehem and PKW Enterprises, for lease of Food Concession Stands at Memorial Pool at Illick’s Mill Road and Saucon Pool at Millside Drive for a renewal term of three years, beginning on opening day of the 2004 swimming season and ending on the closing date of the 2006 swimming season, with an option to renew for an additional three year period, according to the terms of the agreement.

President Schweder stated that the appropriate Resolution can be listed on the May 18, 2004 Council Agenda unless the Parks and Public Property Committee wishes to review the matter.

D. Deputy Director of Community Development – Adopting Pennsylvania Uniform Construction Code

The Clerk read a letter dated April 16, 2004 from Dana B. Grubb, Deputy Director of Community Development, to which was attached proposed ordinances with amendments to all International Codes. These proposed changes are recommended to adopt the 2003 Codes as required under the Pennsylvania Uniform Construction Code (PAUCC), Act No. 45. In addition, two fee changes were included to clarify minor electrical work, and a fee mandated to be returned to the Commonwealth for training of code officials.

President Schweder referred the matter to the Community Development Committee.

E. Director of Planning and Zoning –Rezoning Property on Schoenersville Road – PI to CS; and Zoning Text Amendments – Shopping Center District

The Clerk read a memorandum dated April 30, 2004 from Darlene L. Heller, Director of Planning and Zoning, to which was attached a request for revisions to the zoning map to rezone properties along Schoenersville Road from PI to CS that extend beyond the proposal of the developer read into the record at the April 20, 2004 City Council Meeting (Communication 7 G) for rezoning properties along Schoenersville Road from PI to CS. The parcels proposed by the Planning Bureau for rezoning are contiguous to the developer’s proposal and are either vacant or undeveloped. In addition, the Planning Bureau proposed the following minor Zoning Ordinance Text Amendments to the Shopping Center provisions: that hotel and shopping center should be included as permitted uses in the Shopping Center zoning district; the CS height requirement should be increased from 2-1/2 stories and 35 feet to 4 stories and 45 feet; a definition of shopping center should be included in the Ordinance; and, Section 1313.02(a)(13) should be deleted.

President Schweder referred the request to the Planning Commission and Lehigh Valley Planning Commission.

Mr. Donchez and Ms. Szabo moved to schedule a Public Hearing on July 6, 2004 at 7:30 PM in Town Hall.

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

Rescheduling Public Hearing - Rezoning Request of Charles Gallub – Schoenersville Road and Route 22 – PI – Planned Industrial to CS – Shopping Center

President Schweder announced that, in connection with the request of the Planning Bureau for the rezoning of property on Schoenersville Road, he would accept a motion to reschedule the Public Hearing on the request from Attorney James Broughal, on behalf of Charles Gallub, read into the record at the April 20, 2004 City Council Meeting to rezone property on Schoenersville Road from June 1, 2004 to July 6, 2004 at 7:30 PM in Town Hall.

Mr. Donchez and Ms. Szabo moved to reschedule the Public Hearing. Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

Rescheduling Public Hearing - Rezoning Request – Northeast Corner of Arden Street and Ravena Street – I – Institutional to R-G – Residential

President Schweder accepted a motion to reschedule the Public Hearing on the request from Joan Marie Ronca read into the record at the April 20, 2004 City Council Meeting to rezone property on Ravena Street from June 1, 2004 to June 15, 2004 at 7:30 PM in Town Hall.

Mr. Donchez and Ms. Szabo moved to reschedule the Public Hearing. Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

President Schweder directed that additional Communication 7 F be read into the record.

F. Renaming City Center Plaza “Payrow Plaza”

The Clerk read a memorandum dated April 29, 2004 from Gordon B. Mowrer, Member of Council, in which he suggested that City Council consider renaming the City Center Plaza as “The Payrow Plaza” in honor of the City’s first Strong Mayor, Gordon Payrow.

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

8 . REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – David Brong - Director of Water and Sewer Resources

Mayor John B. Callahan read his appointment of David Brong as Director of Water and Sewer Resources, effective May 4, 2004. Mr. Donchez and Mr. Arcelay sponsored Resolution 14,361 to confirm the appointment.

Mrs. Belinski recounted that, at the last City Council Meeting, she asked that the Resolution be tabled so that the City Council Solicitor could give the Members of Council answers to whether the appointment is legal and ethical since the appointee is the Mayor’s wife’s uncle. Mrs. Belinski, while affirming the appointment is not illegal, communicated she does not care that the headlines of the newspaper said it was fair, and as far as she is concerned it is not fair and is not ethical. Mrs. Belinski continued on to say she received telephone calls from people who applied for the position and they felt insulted when they read about Mr. Brong’s qualifications in the newspaper article since they felt they had better qualifications. Mrs. Belinski commented she cannot agree with the appointment, especially since the person has no experience in water and sewer. Stating that since the individual is inexperienced there will be a long learning curve, Mrs. Belinski questioned who people will take their complaints to, and remarked that the Mayor is the only person to whom Mr. Brong will answer which she did not think was fair.

Mr. Leeson, while communicating it is a difficult decision for him, said he will vote in favor of the nomination. However, Mr. Leeson noted his issue is not with Mr. Brong. Pointing out that, as a lawyer, many times people bring legal problems to him and he has to learn a particular area of law, Mr. Leeson observed Mr. Brong is an engineer and will have to learn what he needs to know to do the job. Mr. Leeson acknowledged that Michael Alkhal, the Public Works Director, as well as other employees, are available to Mr. Brong. Mr. Leeson said he does not believe the Mayor should be involved in the process of selecting people who are relatives for City jobs, even if it is a distant relative. Mr. Leeson continued on to say that, whether it is the Mayor or City Council, all need to abide by not only the letter but the spirit of the law. Mr. Leeson stated that to him the spirit of the law is not to do something like this. Mr. Leeson, while commenting that Mr. Tallarico is a fine individual and very competent in many ways, said he understands that Mr. Tallarico, a member of the Bethlehem Authority, is also a relative of the Mayor’s. Mr. Leeson said he wanted this on the record since Mr. Brong and Mr. Tallarico are going to have to work together, and he wanted it to be known publicly what the relationship of Mr. Tallarico is to the Mayor and also the Mayor’s relationship to Mr. Brong, so if there is a question in the future it cannot be said it was not fully disclosed.

Mayor Callahan said he thinks he has been clear in both cases what the relationship is. Mayor Callahan stated that David Brong is his wife’s aunt’s husband, and so is his uncle twice removed by marriage. Mayor Callahan further stated that John Tallarico is his wife’s aunt’s husband also.

Mr. Donchez, while remarking that Mr. Brong has a very impressive resume, noted it is a valid point that there is very little water experience but there is compensation for that in other areas. Expressing that Mr. Brong knows he is walking into a tremendous challenge, Mr. Donchez stated that City Council and the Administration look forward to some concrete results that have been discussed for years. Mr. Donchez said he feels very strongly in principle that the Mayor does have the right to make Department Head recommendations under the City’s form of government, and City Council has the jurisdiction to either approve or reject the recommendation. Mr. Donchez, continuing on to say the Mayor should have the ability to put his team in place, observed this person is a very important part of the team. Stating that, obviously, City Council will hold the person accountable, Mr. Donchez pointed out that City Council would expect better communication than in the past and to see some results as far as marketing of water and loss of water. Mr. Donchez stated he will support the Mayor’s nomination.

Mr. Mowrer expressed his concurrence with Mr. Donchez’s comments.

Ms. Szabo, commenting that, as Mr. Leeson said, this is a very difficult situation on which to make a decision, explained what has her very disturbed is the fact that the nominee who is without sufficient experience and training is going to be receiving the same high pay as the Public Works Director with his many years of experience. Ms. Szabo observed when a problem does occur who is going to have to take care of it but the Public Works Director. Ms. Szabo thought it was an unfair situation that a new employee should come in at the rate that has been set for the prior employee, and there should be a probation period.

Mr. Arcelay, advising that he spoke directly with the Mayor this morning, said he will be approving the nominee tonight. Mr. Arcelay, noting that he did let the Mayor know his concerns, acknowledged it is a tough decision. Mr. Arcelay said his main concern was accountability.

Mrs. Belinski, stressing that she is especially concerned about this person having no experience in water and sewer, noted that she keeps a close watch on the Water Filtration Plant and the Sewage Treatment Plant. Of all the services the City offers, Mrs. Belinski asserted that water is the most important one. Mrs. Belinski stated there are serious problems at the Water Filtration Plant that is working at half capacity, and the Sewer Plant “is in the dark ages. We need immediately a $2 million upgrade and we really need somebody at the helm who knows what they’re doing.” Mrs. Belinski said this adds to her reservations about approving the nominee.

Ms. Szabo expressed she is sorry this has caused an embarrassing situation for Mr. Brong who has been caught in the middle. Ms. Szabo stated she very much resents the press’s continued accusations that Council is playing politics, and that it is a political decision. Ms. Szabo said “when you evaluate something and make an intelligent decision on something it is not playing politics.”

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

C. Parks and Public Property Committee

Mrs. Belinski, Chairwoman of the Parks and Public Property Committee, presented an oral report of the Committee’s meeting held on April 22, 2004 on the following subject: Use Permit Agreement for the Gaelic Sports Spectacular Event to be held May 21 ro 23, 2004. The Committee unanimously recommended approval of the Agreement with the added stipulation that a security deposit is to be submitted and the grounds are to be repaired if required.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

None.

11. RESOLUTIONS
A. Reconsidering Ordinance No. 4248 – Overriding Mayor’s Veto

Mrs. Belinski and Mr. Leeson sponsored Resolution 14,362 by which City Council reconsidered Ordinance No. 4248, the Bond Issue for the settlement of the Hirko lawsuit, for the purpose of overriding the veto of said Ordinance by the Mayor.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Ms. Szabo, and Mr. Schweder, 6. Voting NAY: Mr. Mowrer, 1. The Resolution passed.
B. Authorizing Execution of Use Permit Agreement – Boutique at the Rink

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,363 which authorized the execution of a Use Permit Agreement between the City and St. Luke’s Hospital & Health Network for use of the Municipal Ice Rink for the 2004 Boutique at the Rink for the time period May 8, 2004 to June 13, 2004, according to the terms of the agreement.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution passed.
C. Authorizing Execution of Use Permit Agreement – Gaelic Sports Spectacular Event

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,364 which authorized the execution of a Use Permit Agreement between the City and the Ancient Order of Hibernians Lehigh Valley Division I for use of various City properties for the Gaelic Sports Spectacular Event for the time period May 17, 2004 to May 28, 2004 and May 21, 2004 to May 23, 2004, according to the terms of the agreement.

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

Motion – Considering Resolutions 11 D through 11 H as a Group

Mr. Leeson and Mrs. Belinski moved to consider Resolutions 11 D through 11 H as a group.

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

D. Certificate of Appropriateness – 129 West Third Street

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,365 which granted a Certificate of Appropriateness to modify the previously Historic Commission-approved free standing sign alterations at 129 West Third Street.
E. Certificate of Appropriateness – 217 Broadway

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,366 which granted a Certificate of Appropriateness to renovate the exterior of 217 Broadway.
F. Certificate of Appropriateness – 728 East Fourth Street

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,367 which granted a Certificate of Appropriateness to retain the existing box sign faces installed without Commission approval at 728 East Fourth Street.
G. Certificate of Appropriateness – 28 East Third Street

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,368 which granted a Certificate of Appropriateness to install an internally illuminated projecting sign at 28 East Third Street.
H. Certificate of Appropriateness – 501-503 East Fourth Street

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,369 which granted a Certificate of Appropriateness to renovate the facades of 501-503 East Fourth Street.

Voting AYE on Resolutions 11 D through 11 H: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolutions passed.
I. Certificate of Appropriateness – 217 East Third Street

Mr. Donchez and Mr. Arcelay sponsored Resolution 11 I which granted a Certificate of Appropriateness to construct a new building at 217 East Third Street.

Ms. Szabo, highlighting the fact that the approval is to build a two story new building on East Third Street, pointed out it would not be known it is two stories unless one inquired about it, and one does not know what it looks like although drawings are available, and one does not know what the building is going to be used for. Ms. Szabo said her understanding is the first floor will be for commercial use and the second floor will be for office use. Ms. Szabo recounted she asked previously over a period of time that Council be given information. Ms. Szabo, noting there is information kept on file, said she again asks that Council get copies of that information. Ms. Szabo stressed this is too big of a project to just say “yes we approve without knowing anything about it.” Ms. Szabo said there have been other times that Council should know what they are voting on. Ms. Szabo asked that this information be given to City Council along with the Certificate of Appropriateness on which Council is asked to vote.

President Schweder inquired whether Ms. Szabo is moving to table the Resolution. Ms. Szabo, responding no, said she has gotten information.

Mr. Hanna queried if Ms. Szabo would like to postpone the matter until such time as Ms. Szabo had a chance to review more information. Mr. Hanna, affirming that the Commission did review the proposal and recommended approval, noted Council has to obviously concur with that.

Ms. Szabo said she feels not only this time but other times Council has not had adequate information. Ms. Szabo, acknowledging that the Commission has the right to make the request, stressed that Council has the right to know what they are voting on.

Mr. Hanna advised that the Department can certainly work on augmenting the information that is given to City Council. Mr. Hanna asked if Ms. Szabo would like to table the Resolution.

Ms. Szabo, replying yes she would like to table the Resolution, said she feels that the rest of Council should have the information. Ms. Szabo added that what little information that she has received was helpful to some degree. Ms. Szabo queried why Council has to ask for information that is so obviously needed on anything on which Council is required to vote.

Tabling Resolution 11 I

Ms. Szabo moved to table Resolution 11 I. Mrs. Belinski seconded the motion. Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

12. NEW BUSINESS

Parking Authority - Commendation

Mrs. Belinski, noting that City Council received a letter from a Lehigh University student praising Stephen Nemes, Executive Director of the Parking Authority, read from the letter in which the student explained that Mr. Nemes and his staff showed the student a great deal of respect when he went to the office concerning a meter card that did not work. Mr. Nemes was very apologetic and offered the student tokens. The student advised that each time he has dealt with Mr. Nemes he is “overwhelmed with joy when walking out of his office.”

Expanding Water Customer Base – Easton Suburban Authority

Mrs. Belinski said it recently came to her attention that the Easton Suburban Authority wants to expand. However, DEP and PennVest wondered why the Easton Suburban Authority would invest millions of dollars when the City of Bethlehem could provide water. Mrs. Belinski suggested that the City contact the Easton Suburban Authority about the matter.

Resolution 11 I – Certificate of Appropriateness – 217 E. Third Street

Ms. Szabo clarified that she is not blaming the South Bethlehem Historic Conservation Commission for not sending the information to Council. Ms. Szabo stated she is not blaming anybody; rather, she is just saying that Council needs it.

Expanding Water Customer Base – Easton Suburban Authority

Mr. Leeson noted that Mrs. Belinski brought to his attention her thoughts about having the City contact Easton Suburban Authority about supplying water. Mr. Leeson, crediting Mrs. Belinski, said he did some investigation and thought Easton is a situation that is ripe for receiving a proposal from Bethlehem for sale of water. Mr. Leeson, observing there has been significant growth in the Bethlehem Township, Palmer Township, and Forks Township areas, commented apparently the capacity of the Easton Suburban Water Authority is not at the level that is needed. Mr. Leeson recounted that a number of years ago the City lost two opportunities. Stating that one was the Northampton Borough Municipal Authority expansion when the area needed more water, Mr. Leeson remarked “the ball was dropped in that process” when there was a significant opportunity for Bethlehem to expand its customer base. Mr. Leeson, pointing out that intergovernmental relations need to be handled in the right manner, said one of the reasons he voted for Mr. Brong was, in looking at the executive management experience, he thought Mr. Brong had the potential capacity to work with outlying municipalities and establish cooperative relationships. Mr. Leeson thought eastern Northampton County is an area that might have potential for growth for the City’s water business. Mr. Leeson expressed that intergovernmental relations have to be handled in a diplomatic, timely, and sensitive manner. Mr. Leeson encouraged the Administration to look into the matter. Mr. Leeson, noting that apparently Easton was applying to PennVest for State financing for expansion of some of its facilities, commented that by working together with the State and local agencies hopefully it can be recognized that when there are public facilities already in place to serve existing needs there is no sense in building more public facilities that are potentially not needed. Mr. Leeson expressed the hope that contact can be established in a sensitive and diplomatic fashion, and at least the door can be opened to talks. Mr. Leeson acknowledged it is recognized that such things do not happen overnight and it takes a lot of work.

13. COURTESY OF THE FLOOR

Patriot Act

Peter Crownfield, 569 Brighton Street, recounting that about a month ago he had mentioned there were 275 other cities that passed Resolutions in opposition to the Patriot Act, advised the number is now 302 and 4 states. Mr. Crownfield, informing the assembly that last night the faculty of Lehigh University passed a Resolution expressing concern about the Patriot Act, read from a portion of the Resolution in which the faculty called upon elected officials in Bethlehem and other leaders to work together to ensure that these governmental actions do not violate the Constitution and protect people’s civil liberties. Mr. Crownfield, focusing on a survey of criminal justice experts released last week, noted that 95% of the respondents felt the Patriot Act was passed too quickly and without adequate thought on how it impacts existing laws, three-quarters of the experts felt the Patriot Act violates individual rights under the Constitution, and the majority believe that existing law could have been leveraged to adequately protect the nation. Mr. Crownfield expressed the hope that Council will act soon to pass a Resolution. Mr. Crownfield asked if Police Commissioner Donchez has an opinion on the matter.

Francis Donchez, Police Commissioner, advised that several weeks ago he was asked to speak at a NAACP chapter meeting on the subject of the Patriot Act. Police Commissioner Donchez, explaining that he did some research on the Patriot Act and then attended the meeting, said it raised quite a few concerns. Police Commissioner Donchez felt that the Patriot Act as it is written lends itself to a possibility of law enforcement agencies violating civil rights which was a concern of his. Police Commissioner Donchez observed that, if one looks at the municipalities that have passed Resolutions opposing the Patriot Act, quite a few have in common with Bethlehem racial and ethnic diversity. Police Commissioner Donchez, continuing on to say it is a concern of any group that the government would use a tool in order to violate individual rights, remarked it certainly is a possibility that it could be used to those ends. From a law enforcement perspective, Police Commissioner Donchez stated he would support a Resolution by City Council opposing the Patriot Act. Police Commissioner Donchez said for his purposes he does not believe it would hamper the City’s law enforcement efforts and it would say to Bethlehem’s citizens that the Police Department respects and observes the civil rights of all citizens, will do what is proper, and not use loopholes to violate anyone’s rights.

President Schweder, acknowledging that Mr. Crownfield has been very patient in the matter, recounted that Ms. Szabo asked about the issue two weeks ago but he has not had the opportunity to speak with her.

Dane Frazier, 39 University Drive, noted that many youth his age of 18 years are not really involved in government and politics, and he wishes to speak for youth who are involved. Mr. Frazier expressed the belief that the Patriot Act is an obstruction of civil liberties. Mr. Frazier, advising he researched the Act, also expressed the belief that it was passed too quickly and without thought. Mr. Frazier communicated that after the events of September 11 the country was trying to protect itself from foreign and domestic terrorism. Commenting that the issue should be rethought, Mr. Frazier stated that a start should be made in the City. He pointed out that many cities have passed resolutions against the Patriot Act and remarked that the City should follow. Mr. Frazier added that he is trying to get as many people as he can to look into the Patriot Act. Mr. Frazier expressed that he would appreciate City Council’s giving its thoughts, concern and time to the issue.

Bethlehem Works – Preserving Former Bethlehem Steel Structures

Matt Salner, a student at Lehigh University, stated that he works with the Save Our Steel group. Mr. Salner, recounting that in Friday’s newspaper there was a report about a new developer for the former Bethlehem Steel site, noted it was indicated that the Mayor’s office and others may not have been consulted. Mr. Salner inquired about the matter.

Mayor Callahan, responding there are some issues that need to be worked out for an agreement of sale, advised that Mr. Perrucci, the developer, is interested in the property. Mayor Callahan, explaining he was not privy to discussions with the developer and ISG, noted he expressed his disappointment to ISG. Mayor Callahan stated he met with Mr. Perrucci and discussed his plans for the property. Mayor Callahan commented it is still preliminary and Mr. Perrucci is doing his own due diligence in determining whether to proceed. Mayor Callahan communicated he is hopeful that whoever develops the property will do something positive with it, respect what has taken place there, and recognizes the importance of the former Bethlehem Steel site.

Mr. Salner advised that Save Our Steel is attempting to make people aware of the history of the site.

Mayor Callahan, affirming he has been working with Save Our Steel, commended the organization for its work. Mayor Callahan added he has made clear he is supportive of efforts in preserving significant components and aspects of the former Bethlehem Steel site. Mayor Callahan said he continues to want to work with Save Our Steel and do a larger visioning process for the site.

Sara Andrew, 444 E. North Street, stated she is also at the meeting as a member of Save Our Steel. Ms. Andrew read the mission of Save Our Steel, as follows: “The mission of Save Our Steel is to encourage the historically sensitive reuse of the former Bethlehem Steel site by providing a public forum for discussion, disseminating information, and promoting cooperation among interested groups and individuals.” Ms. Andrew expressed that the group was concerned since the newspaper article seemed to indicate that the City was not involved in the discussions with the latest developer. She continued on to say the goal of the group is for citizens and the City of Bethlehem to have a voice in how the land is developed. Ms. Andrew asked if there was a sense that the developer was willing to work with the City.

Mayor Callahan replied at this point yes he did. Mayor Callahan, noting that he shares the same concerns, said it is very important to him that the community is heard on the project. Affirming that he made his concerns clear regarding what occurred, Mayor Callahan pointed out that he remains hopeful that if Mr. Perrucci decides to move ahead with the project he would be cooperative.

Ms. Andrew asked how the Mayor sees the various groups, including Save Our Steel, Historic Bethlehem Partnership, National Museum of Industrial History, and Mid Atlantic Regional Center for the Humanities, being actively involved in the process.

Mayor Callahan responded that in the near term he would hope to announce a process that would incorporate all those entities and others totaling probably 12 or 13 groups. Mayor Callahan stated that he will put a process in place that will allow all those organizations to have a seat at the table and have an opportunity for their visions, voices, and concerns to be heard, in addition to individuals in the community. Acknowledging there are some competing voices in the community as to what should and should not happen at the site that will be part of the process, Mayor Callahan confirmed he is committed to putting a process in place.

Patriot Act

Barbara Diamond, 425 Center Street, advised that she became involved in the Bill of Rights Defense Committee of the Lehigh Valley last August, and became aware of the Patriot Act and how it diminishes the oversight of the judicial process and citizens’ ability to challenge surveillance in court. Ms. Diamond, expressing her appreciation that City Council will take up discussion of a Resolution sometime soon, thought that citizens of Bethlehem deserve a Resolution. Ms. Diamond communicated that, until action is taken at the congressional level, citizens need protection from the Patriot Act, and added she hopes Council will take action soon.

Steve Diamond, 425 Center Street, thought that more than ever before people are living in a very polarized society. He commented that people have strong feelings for or against the Patriot Act because they feel it has to do with security. Mr. Diamond said his fear is that the government starts to wrap itself in patriotism and the questioning of their job turns out to be “a questioning of who we are as citizens.” Mr. Diamond remarked what worries him the most is that as citizens try to use their rights under the Bill of Rights they will be questioned, and the government will have the right under the Patriot Act to investigate who they are. Mr. Diamond highlighted the fact that recently citizens of the United States were being locked away with no counsel. Mr. Diamond stressed he is very worried “that any tool that gives an organization the right to take away our rights under the name of security is actually destroying the tenets of why we are here as Americans.”

Bethlehem Works – Preserving Former Bethlehem Steel Structures

William Scheirer, 1890 Eaton Avenue, noted he is a member of Save Our Steel. Mr. Scheirer advised that the article in the Morning Call last Friday about Mr. Perrucci mentioned that the community and historic groups have rallied around saving the blast furnaces but there was no mention of the number two machine shop. Mr. Scheirer asserted that certainly the machine shop needs to be included and perhaps other buildings as well. Stating there is a shortage of playing fields in South Bethlehem, Mr. Scheirer pointed out that these are important things and hopefully they can be included in the wise expenditure of funds.

Patriot Act

Mr. Scheirer, with reference to a newspaper article, pointed out it is getting more difficult for foreign students to attend United States universities because of the Patriot Act. Stating this means there will be fewer foreign students who stay here and found start-up companies, Mr. Scheirer highlighted the fact that some of the biggest dot com companies were founded by former students from India. Focusing on an article in the Washington Post, Mr. Scheirer advised the ACLU has filed suit challenging the constitutionality of certain portions of the Patriot Act. However, under the provisions of the Patriot Act the organization was not allowed to reveal that it had filed suit. After extensive negotiation with the Federal government, the organization was finally able to do so. Mr. Scheirer communicated it is becoming almost a catch 22. He said when the Federal government goes astray, it is up to the State and local governments to be the repository of good sense.

Bethlehem Authority - Long Term Strategic Plan

Stephen Antalics, 737 Ridge Street, with reference to a recent article in the Morning Call, noted that the Mayor had said one of Mr. Brong’s first tasks as Director of Water and Sewer Resources will be to develop a long-term strategic plan for the Bethlehem Authority which manages the Bethlehem area water system and works closely with the City’s water department. Mr. Antalics asked what does that mean.

Mayor Callahan explained that a long term strategic plan would more clearly define the roles of the Bethlehem Authority versus the City. Mayor Callahan noted there has been a blurring of those lines over time, and the Bethlehem Authority has taken on certain operational aspects. Mayor Callahan stated that part of the role of Mr. Brong will be to work with Stephen Salvesen, Executive Director of the Bethlehem Authority, and with Michael Alkhal, Director of Public Works, whose engineering bureau closely relates with the Bethlehem Authority, and with Ronald Donchez, Chairman of the Bethlehem Authority, to more clearly define and delineate those roles. Mayor Callahan advised that another important step would be to look into expansion of the water system, marketing of water, what the costs would be, and to consider whether in the future there would be potential to work on a more regional approach. Mayor Callahan added that the watershed management plan would be incorporated into a long term strategic plan, along with timber management.

Mr. Antalics said the question would be once Mr. Brong proceeds on the master plan who and what will be the resource.

Mayor Callahan replied that Mr. Brong will lead the effort, and it would be conducted with the individuals the Mayor mentioned. Mayor Callahan added he would anticipate being part of the process, and perhaps Dennis Reichard, Business Administrator, would be involved at certain times, as well as the City Solicitor, and Council.

Mr. Antalics enumerated the job description and goals of the Executive Director of the Bethlehem Authority, and added that in the February report to the Board, Mr. Salvesen, Executive Director, noted that invitations to bid on a strategic plan were sent to three firms. Mr. Antalics continued on to recollect and enumerate that the City contacted Mr. Belinda regarding the timbering operation, the Bethlehem Authority brought in Brooks Forestry for the timbering operation, and hired a Forest Ranger for the watershed. Mr. Antalics expressed his thought that this implied the Bethlehem Authority probably exceeded its responsibilities but, he added, it appears by default. Mr. Antalics said he sees politics getting into this immediately. Mr. Antalics questioned whether this is duplication of the Authority’s work.

Mayor Callahan pointed out that the answer may not be as simple as the question. Mayor Callahan commented that he thought he answered Mr. Antalics’ question in that there is a certain blurring of the lines and duplication of efforts. Mayor Callahan stated that part of the long term strategic plan would be to address those matters. Mayor Callahan added now that the Director of Water and Sewer Resources has been appointed some of the questions raised tonight can be answered.

Mr. Antalics thought that the Director of Water and Sewer Resources would be more concerned with distribution of the system. Mr. Antalics, saying he sees duplication of efforts and probably additional expenses, remarked that the Bethlehem Authority, Water and Sewer Resources, and Public Works are looking at a problem and he “smells politics”. Mr. Antalics wondered what problem the Mayor has with advising the new Director of Water and Sewer Resources to cooperate with the Bethlehem Authority to avoid duplication.

Mr. Antalics suggested that City Council amend the Ordinance to eliminate the Bethlehem Authority, or have the Bethlehem Authority take over the water function, or expand the Authority’s responsibilities to continue what they already started because he thought they are now an operating Authority. He added that the water department should work cooperatively with the Authority.

President Schweder, recounting that he addressed the problem a number of times, commented there is needless duplication, and he moved at least twice to abolish the one job.

Mr. Antalics said the first step might be to put water back under Public Works, and instruct the Director of Public Works to be at the meetings of the Bethlehem Authority.

President Schweder pointed out that the Administration has the ability to establish how the Administration is structured, and did not think Council could change anything in mid-year.

Mr. Antalics repeated his suggestion that Council seriously look at amending the Ordinance that extends the life of the Bethlehem Authority to authorize it to continue on its present path which seems to be rather successful.

Mr. Donchez thought it was unfair to make a comment about politics when Mr. Brong has not yet had one day on the job. Mr. Donchez expressed that he has been concerned about some of the gray areas between the Bethlehem Authority and the City, and noted that the Mayor knows the feelings of City Council and may have expressed some of the same feelings when he was a Member of Council. Mr. Donchez further pointed out that Mr. Salvesen is a relatively new employee. Mr. Donchez concurred that, as Mr. Leeson said, it is important to form relationships with other communities if the water system is to be expanded. Mr. Donchez expressed the belief that the Mayor has the right to have the Department the way he wants it to be organized. Mr. Donchez stated he was not in favor of splitting the Department, and believed there should be a Deputy Public Works Director.

Mr. Antalics, informing the assembly that his comments have nothing to do with Mr. Brong, said rather it has to do with what has been done so far for the master plan and what is being suggested by the Mayor. Mr. Antalics reiterated that he is saying there is duplication of efforts.

Mayor Callahan commented that he thought he was clear when he said that Mr. Brong would be working with the Executive Director of the Bethlehem Authority, and the Chairman of the Bethlehem Authority in trying to implement a long-term strategic plan.

Save Our Steel

Peter DePietro, 1033 Tolstoy Street, Freemansburg, Secretary of the Steelworkers Archives, said he wants to make it known that the organization works hand in hand with Save Our Steel, will continue to do so, and hopes to become part of any committee that may be formed.

Pledge of Allegiance – Removal of Hats

Mr. DePietro, commenting that he was taught to take off his hat during the Pledge of Allegiance, noted that one of the meeting attendees did not remove his hat, and expressed the hope that could be mentioned before the Pledge to the Flag.

Bethlehem Authority

Ronald Donchez, 915 Wafford Lane, Chairman of the Bethlehem Authority, advising he was asked by the Mayor to talk about his involvement in the interview and hiring process of David Brong, communicated that he would first like to address some matters related to the Bethlehem Authority. Mr. Donchez, informing the assembly that he has been a member of the Bethlehem Authority since 1988, affirmed he has been the Chairman for the last several years. Highlighting the fact that within the last few years there has been proaction from City Council, the Mayor, and individual citizens to try to make a difference, Mr. Donchez specifically commended Mrs. Belinski “who is tireless in her actions in trying to understand what [the Bethlehem Authority] is doing, to get involved, [and] to find ways to make things better.” Mr. Donchez, acknowledging that the Bethlehem Authority has always been a financing authority, explained that over the last few years the Bethlehem Authority has taken a watchdog approach to leadership, and took some lead efforts related to the Watershed. Candidly, Mr. Donchez explained the Bethlehem Authority observed a lack of management direction in strategic planning for the City in running the water system and watershed like a private company should run. Stressing that competition is tremendous, Mr. Donchez advised he has spent much time talking to competitors in the private and non-private sector and thinks the City has to do a lot of work to compete in those arenas. Mr. Donchez communicated that he views it as a strategic plan for the City of Bethlehem with the Bethlehem Authority’s involvement, and stated it is not just a strategic plan for the Bethlehem Authority. Mr. Donchez continued on to observe, as the process proceeds, “the Bethlehem Authority may or may not be in the role it is today.” Mr. Donchez explained that the Bethlehem Authority requested bids for a strategic plan to get an understanding of what outside firms would do and how they would view the planning process. Mr. Donchez, confirming that no money has yet been spent, advised that the proposals were given to the Authority for review and unless they are pursued no money has been spent in the process. Mr. Donchez, communicating that the Bethlehem Authority wants to impress upon the City that the Authority has taken a leadership role, stressed the importance of getting the strategic plan in place.

Mr. Donchez, focusing on the interview process with Mr. Brong, noted he had the opportunity to sit in on the interview process with the three final candidates chosen along with the Mayor, City Solicitor, and Director of Public Works. Confirming they were all very qualified, Mr. Donchez acknowledged that two of them had a lot more water background than Mr. Brong. However, Mr. Donchez affirmed that in his opinion, Mr. Brong emerged as the best candidate. Mr. Donchez expressed his opinion that one of the candidates was not able to lead and manage people. While the other individual had more global experience, Mr. Donchez noted that the individual indicated he was concerned about managing people since he had not done so. Pointing out that Mr. Brong brings a world of management expertise, Mr. Donchez stressed that is very important in what is needed today. Mr. Donchez advised that he did ask Michael Alkhal, Director of Public Works, if he thought Mr. Brong was capable as an engineer to understand the water industry, and Mr. Alkhal felt he was. Mr. Donchez added that in his other positions, Mr. Brong showed a real ability to understand the issues and the products in which he was involved. When all the factors were added, Mr. Donchez stated it came back to leadership, management, and accountability, and Mr. Brong clearly was his best choice in the process. Mr. Donchez commented that he is looking forward to Mr. Brong coming on board. Mr. Donchez added that he thinks Mr. Brong understands “the world is watching him in the City of Bethlehem”. Continuing on to say Mr. Brong’s accountability should be held in question, Mr. Donchez affirmed the Bethlehem Authority will do its role in looking at that. Mr. Donchez communicated what is needed is to drive the City forward. Mr. Donchez recounted that, in the past, Lower Nazareth Township approached the City to buy water but the City said it was not interested, so the Township went to the City of Easton. Agreeing there are opportunities, Mr. Donchez highlighted the fact that it takes hard work every day to set the standards. Mr. Donchez explained that, as Chairman, he asks the question “how is everyone going to view us 50 years from now.” Mr. Donchez remarked that history will show how City Council, the Mayor, and the Bethlehem Authority will manage the water and be successful for future generations. He added that the decisions made today will have tremendous impact in the future in view of the importance of water as a resource. Mr. Donchez, reiterating that Mr. Brong emerged as the most qualified candidate, commented that Mr. Brong should deserve this opportunity to see what he can do for the City of Bethlehem.

Renaming City Center Plaza

David Sanders, 69 E. Goepp Street, thanked Mr. Mowrer for thinking of former Mayor Gordon Payrow, and thought it was a wonderful idea to rename the City Center Plaza for him.

Pledge of Allegiance – Removal of Hats

Mr. Frazier apologized for the fact that one of his peers did not take off his hat during the Pledge of Allegiance.

Patriot Act

Mr. Frazier asked again that City Council consider voting on a Resolution in opposition to the Patriot Act, and said his definition of a patriot is someone who stands up to government in times of question.

Return of Police Officers from Afghanistan

Ms. Szabo announced she is happy to say that Police Officer Tim Brook is back from his duty in Afghanistan.

Police Commissioner Donchez added that Police Officer Halbert who was also overseas is back.

Patriot Act

Diane Pietro, 1223 E. Third Street, urged City Council and the Mayor to consider a Resolution protecting the citizens of Bethlehem from the more noxious aspects of the Patriot Act. Highlighting the fact that a 15 year old student in an art class was taken into custody by the FBI because of a drawing he did for the art class that depicted a cartoon concerned with President Bush, Ms. Pietro stressed these kinds of things are happening.

14. ADJOURNMENT
The meeting was adjourned at 9:15 p.m.
ATTEST:

City Clerk