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December 4, 2007 Meeting Minutes
BETHLEHEM CITY COUNCIL MEETING
10 East Church Street - Town Hall
Bethlehem, Pennsylvania
Tuesday, December 4, 2007 - 7:30 PM
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
President J. Michael Schweder called the meeting to order.
Reverend Gerald Rounds of Fritz Memorial United Methodist
Church offered the invocation which was followed by the pledge
to the flag. Present were Jean Belinski, Karen Dolan, Robert
J. Donchez, Joseph F. Leeson, Jr., Gordon B. Mowrer, and J.
Michael Schweder, 6. Magdalena F. Szabo was absent, 1.
4. APPROVAL OF MINUTES
The minutes of November 20, 2007 were approved.
5. COURTESY OF THE FLOOR (for public comment on ordinances
and resolutions to be voted on by Council this evening)
Greenway
Robert Pfenning, 2830 Linden Street, noted that the amount
of the DCNR grant in Bill No. 50 - 2007 is $600,000 versus
$100,000 when the Greenway project was presented to Northampton
County, and questioned the difference. He further recalled
that in the presentation to Northampton County the appraised
value of the 28 acres was $50,000 per acre while the purchase
price is in excess of $63,000 per acre and wondered what is
the justification. Mr. Pfenning questioned whether the City
has complied with the seven conditions in the County's Resolution
approving the $1.1 million grant for the Greenway.
John F. Spirk, Jr., Esq., City Solicitor, said the City has
complied with the conditions, and is in the process of amending
the agreement of sale because there are certain portions of
the original property that are not needed for the Greenway
and will be purchased by others simultaneous with the City.
Darlene Heller, Planning and Zoning Director, advised the
City applied for an additional $500,000 grant for acquisition
in the most recent round of DCNR funding. She added that DCNR
changed the scope of the original request so that the City
would have the grant in time for settlement that would be
December 21, 2007.
President Schweder, pointing out one of the County's conditions
is that the City has to have an executed agreement of sale
approved by City Council, stated City Council does not have
that in its possession.
Attorney Spirk replied it is the intention to have it by the
next City Council Meeting. Continuing on to affirm that the
original agreement called for the City to buy the whole parcel,
Attorney Spirk said subsequently other adjoining land owners
expressed an interest in purchasing portions that the City
did not need for the Greenway. As a result, the number of
acres and description of the portion of land the City is buying
is different from the original option.
President Schweder questioned how City Council can vote on
the Bill tonight when the Members have not seen an executed
agreement of sale.
Attorney Spirk, explaining he does not know why Council could
not, affirmed it will be available before the projected closing
on December 21. Attorney Spirk advised if there is not an
agreement by the next Council Meeting in December then Council
could vote no on the Ordinance to fund it. He added that nothing
is being lost by voting on the Bill tonight to have the monies
ready based on the representation that the new description
will be available.
President Schweder, confirming the matter has waited for three
years, observed if he were buying a piece of property he would
want to see the sales agreement before he gave first approval.
Attorney Spirk, pointing out a question was whether the
City would buy all the land and then sell it to the adjoining
property owners, explained it made sense to have the City
purchase the amount of land it needed and have the other adjoining
land owners buy their portions. Consequently, it has taken
time to rewrite the descriptions. The Resolution would be
required from City Council to authorize the appropriate City
officials to sign the agreement.
Mr. Leeson asked why City Council has to act on something
it has not seen.
Attorney Spirk stated that Council is acting tonight on the
appropriate financial arrangements in the Ordinance so that
the pass-through money from the grants can be available to
the City for closing on December 21. Prior to that date, the
revised agreement of sale will be executed by Norfolk Southern
showing the purchase by the City of a smaller piece of property.
At the time of the next City Council Meeting when the Bill
will be voted on Final Reading, the Resolution will be before
Council to authorize the appropriate City officials to sign
the agreement of sale document. Attorney Spirk pointed out
the fail-safe, if the agreement of sale would not be presented
for City Council's review prior to the vote at the next City
Council Meeting, is that Council would vote no on the Final
Reading of the Ordinance, and the City would not purchase
the property because it would not have the agreement of sale.
Mr. Leeson asked why settlement could not be put off.
Attorney Spirk noted that was the deadline when the option
was negotiated in August. Ms. Heller added that Norfolk Southern
had wanted to close by the end of this calendar year.
Mr. Leeson, while expressing he understands what Attorney
Spirk is saying, commented it is a little unorthodox to proceed
in this manner. However, Mr. Leeson pointed out it is a worthwhile
project and under the circumstances he would be inclined to
go along with the request.
Eddie Rodriquez, 1845 Linden Street, expressing his understanding
that there will be roadways from beyond the Hayes and Hobart
Streets area connecting to the casino, said he is not sure
that will be a safe area for pedestrians to cross. Mr. Rodriquez
thought a skywalk ramp would be more feasible. In addition,
Mr. Rodriquez said a negative environment would be connected
to a positive one.
Stephen Antalics, 737 Ridge Street, noted that when the Greenway
was proposed the casino was not on the horizon so there was
not a traffic problem in the area. He added that with the
casino there will be increased traffic into the City. Mr.
Antalics felt that leaving the Greenway as an artery to alleviate
that traffic has not been fully examined. Mr. Antalics questioned
who is best served by a Greenway, and thought there needs
to be a serious look at the issue. Mr. Antalics did not agree
that a Greenway is the best option for the property. Mr. Antalics
stated that City Council should take note of this, and carefully
approve or disapprove any issues which might be contrary.
6. OLD BUSINESS
Housing Inspections Bureau
Mrs. Belinski read a letter from Michael Palos, Chief Housing
Inspector, in which he credited the Bureau's inspectors, and
Bureau secretaries in addressing the 4,000 inspections that
is more than double the number in 2000. It was noted that
the Bureau has had an increase in inspections every year since
2001. A chart was enclosed showing that the revenue in 2000
was $114,560 versus $310,000 projected in 2007 which is $60,000
over budgeted revenue. In the correspondence it was pointed
out that the work has been accomplished with the same amount
of full time inspectors, and with the addition of only a part-time
inspector in 2007. Mrs. Belinski said Mr. Palos should be
congratulated on a job very well done.
Downtown Garbage Pickup
Mr. Mowrer asked who is responsible for clean up on Main Street
during Christmas time.
Mayor Callahan replied the City is responsible for the trash
receptacles but has never traditionally picked up trash on
Saturdays. Mayor Callahan said the City has been trying to
work with the merchants but Overtime would be needed.
Mr. Mowrer highlighted the fact that this is particularly
a time that the City should look clean when visitors are coming
from out of town. Mayor Callahan, adding the City should try
to keep the downtown clean all year round, observed it comes
down to resources. Mr. Mowrer stated something ought to be
done, and the Mayor expressed his agreement.
7. COMMUNICATIONS
A. City Solicitor - Use Permit Agreement for Public Property
- 2007 Live Bethlehem Christmas Pageant
The Clerk read a memorandum dated November 30, 2007 from John
F. Spirk, Jr., Esquire, City Solicitor, to which was attached
a proposed resolution for a Use Permit Agreement between the
Live Bethlehem Christmas Pageant Society, Inc. and the City
of Bethlehem for use of the Community Arts Pavilion and Surrounding
Field for the 2007 Live Bethlehem Christmas Pageant for the
time period November 12, 2007 to January 7, 2008, according
to the terms and conditions of the Agreement.
President Schweder stated that Resolution 11 M is listed on
the Agenda.
B. City Solicitor - Amending 2007 Non-Utility Capital Budget
- Greenway Acquisition
The Clerk read a memorandum dated November 30, 2007 from John
F. Spirk, Jr., Esquire, City Solicitor, to which was attached
a proposed Ordinance to amend the 2007 Capital Budget for
Non-Utilities for the purpose of establishing the revenue
sources to acquire the Greenway. At the time of settlement,
the $1,878,734 in grant funding will cover the City's cost
for acquiring the Greenway.
President Schweder stated that Bill No. 50 - 2007 is listed
on the Agenda for First Reading.
8 . REPORTS
A. President of Council
None.
B. Mayor
None.
9. ORDINANCES FOR FINAL PASSAGE
A. Bill No. 46 - 2007 - Amending Article 339 - Emergency and
Local Services Tax
The Clerk read Bill No. 46 - 2007, Amending Article 339 -
Emergency and Local Services Tax, on Final Reading.
Amendment to Bill 46
Mrs. Belinski and Ms. Dolan sponsored the following the Amendment:
That SECTION 3. which reads as follows:
SECTION 3. All Ordinances and parts of Ordinances inconsistent
herewith be, and the same are hereby repealed.
be amended to read:
SECTION 3. This Ordinance shall take effect January 1, 2008.
and, that the repealer SECTION be renumbered accordingly.
Ms. Dolan inquired if the change is that citizens who earn
less than a certain amount of money are exempted from the
tax.
Dennis Reichard, Business Administrator, responded that people
who earn less than $12,000 a year will be exempt from the
tax, and the tax will be collected on a dollar a week basis
rather than $52 at one time.
Ms. Dolan expressed it is a great idea, especially for young,
seasonal workers who sometimes may receive only a few dollars
in their first checks of the season after the $52 tax was
deducted.
President Schweder pointed out that the State prohibited the
change in collection up to this time.
Voting AYE on the Amendment: Mrs. Belinski, Ms. Dolan, Mr.
Donchez, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 6. The
Amendment passed.
Voting AYE on Bill No. 46, as Amended: Mrs. Belinski, Ms.
Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, and Mr. Schweder,
6. Bill No. 46 - 2007, hereafter to be known as Ordinance
4454, was declared adopted.
10. NEW ORDINANCES
A. Bill No. 47 - 2007 - Amending Article 933 - Recycling -
Increasing Fee - Residential
The Clerk read Bill No. 47 - 2007 - Amending Article 933 -
Recycling - Increasing Fee - Residential, sponsored by Mrs.
Belinski and Ms. Dolan, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 933 ENTITLED, RECYCLING, OF THE
CODIFIED ORDINANCES OF THE CITY OF
BETHLEHEM BY INCREASING THE RECYCLING FEE.
Mr. Reichard confirmed to Ms. Dolan that the recycling fee
is included on the water bills. Ms. Dolan, remarking that
the curbside pickup of recyclables is a great service, communicated
that the $10 increase in the fee could be absorbed by citizens
considering the service given. In addition, Ms. Dolan denoted
that the State will require the City to pick up yard waste.
Mr. Leeson stated that the recycling program generates substantial
profits, and with the increase there will be excess revenues.
Mr. Leeson, noting that the numbers do not jibe, recounted
he has already stated his position at the Finance Committee
meeting.
Mrs. Belinski, referring to the comments of Tom Marshall,
Recycling Coordinator, that the City will receive money to
purchase two new garbage trucks to pick up yard waste twice
a year, highlighted the fact that most of the haulers pick
up yard waste and take it to the compost center. Mrs. Belinski
said she will be voting against the Bill. She later added
that most of the time the tractor is not used.
Mr. Donchez, affirming that the pick up of yard waste is mandated
by the State, noted he will support the Bill. Mr. Donchez
requested that the new contract include the pickup of newspapers
at the curbside.
President Schweder stated he will be voting against the Bill.
Observing no one questions the merits of the recycling system
in the City, President Schweder thought what was brought out
by Mr. Leeson during the Finance Committee meeting is that
there is excess revenue in the program now, and increasing
the fee because it is thought at some point it may be necessary
is not what the City should be doing. President Schweder commented
that a 25% increase is significant and not easily handled
by a large number of constituents. Observing if this needs
to be addressed again at a future time that can be done, President
Schweder did not think the arguments made at the Finance Committee
meeting justify doing it at this point.
Mayor Callahan, pointing out there are minor fee increases
in the Proposed 2008 Budget for recycling and golf, highlighted
the fact that $330,000 in revenue from the recycling fee increase
is included in the proposed Budget. Consequently, plugging
that gap would be necessary if the Bill were not approved.
Ms. Dolan, while acknowledging she notices fee increases,
observed that the $10 increase would be divided into the fee
collection period that occurs four times a year. Ms. Dolan
said she does not know why an opportunity to raise revenue
would be turned down in the City that is having the problem
of trying to make ends meet, particularly when the service
is valuable and inexpensive considering what citizens are
getting in return. Ms. Dolan expressed her agreement with
Mr. Donchez that next year she would hope newspapers could
be picked up. Ms. Dolan added she does not want to see a hole
in the Budget and would not want to see a tax increase to
fill it.
Mayor Callahan advised it has been a number of years since
the recycling fee has been increased, and costs in the operation
have gone up. Mayor Callahan thought the increase is reasonable,
and highlighted the fact that a new contract will be negotiated
in the middle of next year.
Mr. Leeson, expressing his appreciation that the Mayor shared
the information with Council, commented he was not aware the
recycling fee increase was a critical part of the revenue
for the 2008 Budget. Mr. Leeson pointed out that by the law
in Pennsylvania the City cannot take a fee or charge for service
and use it to cover General Fund expenses, and if money is
needed for General Fund expenses it has to be obtained from
the tax base. Mr. Leeson observed that, based on the comments
of the Members of Council, not approving the Bill would put
the City in a bind, as Mayor Callahan just articulated. Mr.
Leeson communicated that Council may want to keep the options
open, and keep the Bill alive at least until the final vote
on the Proposed 2008 Budget. Mr. Leeson commented he was not
aware this was a critical part of balancing the Budget. Under
the circumstances, Mr. Leeson said he would probably vote
in favor of the Bill tonight without prejudice in order to
keep the matter alive until the Final Budget vote, and not
have the Bill be defeated tonight. However, Mr. Leeson noted
that does not necessarily mean he will vote in favor of the
Bill in two weeks.
Mrs. Belinski pointed out it is not known yet how much the
water rates will be increased as a result of review by the
PUC. Consequently, Mrs. Belinski observed there will not only
be an increase in the water bill, but also an increase in
the recycling fee, and there will be a lot of angry residents.
Mrs. Belinski remarked that the City siphons money from the
Water and Sewer Bureaus. Mrs. Belinski, referring to Mr. Leeson's
remarks, said she will vote yes to pass the Bill tonight until
the final vote on the Budget.
President Schweder, adding it is not surprising that this
money is needed for the General Fund, said if funds are being
taken to pay for other parts of the Budget and it is not being
geared to what Mr. Donchez hopes will be included in the next
year or other matters, then the Budget is a dishonest document.
Commenting that over the last two years there have been examples
of that, President Schweder remarked the City is at the point
now, as Mrs. Belinski's said, of robbing Peter to pay Paul
through the Budget process, and this is another example tonight.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
and Mr. Mowrer, 5. Voting NAY: Mr. Schweder, 1. Bill No. 47
- 2007 was declared passed on First Reading.
B. Bill No. 48 - 2007 - Amending Liquid Fuels Fund Budget
- Road Maintenance
The Clerk read Bill No. 48 - 2007 - Amending Liquid Fuels
Fund Budget - Road Maintenance, sponsored by Mr. Donchez and
Mrs. Belinski, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE LIQUID FUELS FUND BUDGET FOR 2007.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, and Mr. Schweder, 6. Bill No. 48 - 2007 was declared
passed on First Reading.
C. Bill No. 49 - 2007 - Amending General Fund Budget - Treasurer's
Escrow
The Clerk read Bill No. 49 - 2007 - Amending General Fund
Budget - Treasurer's Escrow, sponsored by Mr. Donchez and
Mrs. Belinski, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2007.
President Schweder recalled when the Budget was passed last
year the figure was approximately $58,300,000 and this Bill
shows that $60 million is being expended in the current fiscal
year. President Schweder queried what allows the City to spend
more money than was appropriated by the appropriating board
of the City.
Mr. Reichard advised the Administration went to the Finance
Committee to amend the Budget. Confirming that City Council
passes the Budget, Mr. Reichard highlighted the fact that
the Budgets are amended after January 1 throughout the year
for both revenues and expenditures, and for unanticipated
items. Mr. Reichard observed the budget number that is passed
does not remain the same after the beginning of the year.
President Schweder, referring to the Finance Committee meeting
and the money in the budget to be repaid in the first quarter,
recalled at that point he had asked whether the Administration
would use funds from the Treasurer's Escrow again after repayment
and Mr. Reichard had said he would not.
Mr. Reichard recounted his answer was he did not anticipate
doing that.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, and Mr. Schweder, 6. Bill No. 49 - 2007 was declared
passed on First Reading.
D. Bill No. 50 - 2007 - Amending Non-Utility Capital Budget
- Greenway Acquisition
The Clerk read Bill No. 50 - 2007 - Amending Non-Utility Capital
Budget - Greenway Acquisition, sponsored by Mr. Donchez and
Mrs. Belinski, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA,
AMENDING THE 2007 CAPITAL BUDGET FOR
NON-UTILITIES.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, and Mr. Schweder, 6. Bill No. 50 - 2007 was declared
passed on First Reading.
11. RESOLUTIONS
A. Approving Destruction of Records Resolution - Office of
the Solicitor
Mr. Donchez and Mrs. Belinski sponsored Resolution 15,212
that authorized the disposition of the public records from
the Office of the Solicitor, as listed in Exhibit A, according
to schedules and procedures for the disposition of records
as set forth in the Municipal Records Manual approved on July
16, 1993 and Resolution 13,076.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, and Mr. Schweder, 6. The Resolution passed.
B. Appointing Auditors - Maher Duessel - 2007 Audit
Mr. Donchez and Mrs. Belinski sponsored Resolution 15,213
that retained the firm of Maher Duessel to provide the 2007
Audit at the following rates: General Purpose Financial Statements
- $46,300, Single Audit Reports - $6,100, Water Fund - $8,800,
Sewer Fund - $6,700, Bethlehem Area Public Library - $3,600,
and Bethlehem Parking Authority - $6,400.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, and Mr. Schweder, 6. The Resolution passed.
Considering Resolutions As A Group
Mr. Mowrer and Mr. Donchez moved that Resolutions 11 C through
11 I be considered as a group. Voting AYE: Mrs. Belinski,
Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, and Mr. Schweder,
6. The motion passed.
C. Transfer of Funds - Mechanical Bureau - Overtime
Mr. Donchez and Mrs. Belinski sponsored Resolution 15,214
that transferred $2,612 in the General Fund Budget from the
following accounts: $800 - Mechanical Bureau Operating Supplies,
$700 - Mechanical Bureau Other Expenses, and $1,112 - Equipment,
to the Mechanical Bureau Overtime Account to provide additional
funding needed in the account.
D. Transfer of Funds - Golf Course - Temporary Help and Overtime
Mr. Donchez and Mrs. Belinski sponsored Resolution 15,215
that transferred $5,750 in the General Fund Budget as follows:
$3,500 from the Golf Other Expenses Account to Golf Temporary
Help Account and $2,250 from the following: $250 - Golf Small
Tools, $60 - Golf Rentals, $500 - Golf Heating Oil, and $1,440
- Golf Equipment Maintenance Accounts to the Golf Overtime
Account to provide additional funding needed in the accounts.
E. Transfer of Funds - Police Contract Salaries and Records
Room Salaries
Mr. Donchez and Mrs. Belinski sponsored Resolution 15,216
that transferred $298,466 in the General Fund Budget from
the Unforeseen Contingency Account to the following accounts:
$296,120 - Police Salaries and $2,346 - Records Room Salaries
to provide additional funding needed in the accounts.
F. Transfer of Funds - 9-1-1 Overtime
Mr. Donchez and Mrs. Belinski sponsored Resolution 15,217
that transferred $4,000 in the 9-1-1 Fund Budget from the
Temporary Help Account to the Overtime Account to provide
additional funding needed in the account.
G. Transfer of Funds - Water General - Professional Services
Mr. Donchez and Mrs. Belinski sponsored Resolution 15,218
that transferred $27,000 in the Water Fund Budget from the
Water General - Unforeseen Contingency Account to the Water
General - Professional Services Account to pay outstanding
invoices from Saul Ewing relative to the 2007 Water Rate Increase
Filing with the PA Public Utility Commission.
H. Transfer of Funds - Wastewater Treatment - Overtime
Mr. Donchez and Mrs. Belinski sponsored Resolution 15,219
that transferred $4,400 in the Sewer Fund Budget from the
Wastewater Treatment - Equipment Maintenance Account to the
Wastewater Treatment - Overtime Account to provide additional
funding needed in the account.
I. Transfer of Funds - Sewer Maintenance - Overtime
Mr. Donchez and Mrs. Belinski sponsored Resolution 15,220
that transferred $1,300 in the Sewer Fund Budget from the
Wastewater Treatment - Equipment Maintenance Account to the
Sewer Maintenance - Overtime Account to provide additional
funding needed in the account.
Voting AYE on Resolutions 11 C to 11 I: Mrs. Belinski, Ms.
Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, and Mr. Schweder,
6. The Resolutions passed.
Considering Resolutions As A Group
Mr. Mowrer and Mr. Donchez moved that Resolutions 11 J through
11 L be considered as a group. Voting AYE: Mrs. Belinski,
Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, and Mr. Schweder,
6. The motion passed.
J. Certificate of Appropriateness - 813-815 East Fourth Street
Ms. Dolan and Mr. Leeson sponsored Resolution 15,221 that
granted a Certificate of Appropriateness to install flat steel
sidewalk doors at 813-815 East Fourth Street.
K. Certificate of Appropriateness - 813-815 East Fourth Street
Ms. Dolan and Mr. Leeson sponsored Resolution 15,222 that
granted a Certificate of Appropriateness to alter the façade
at 813-815 East Fourth Street.
L. Certificate of Appropriateness - 22 West Fourth Street
Ms. Dolan and Mr. Mowrer sponsored Resolution 15,223 that
granted a Certificate of Appropriateness to install a neon
sign at 22 West Fourth Street.
Voting AYE on Resolutions 11 J to 11 L: Mrs. Belinski, Ms.
Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, and Mr. Schweder,
6. The Resolutions passed.
M. Authorizing Execution of Use Permit Agreement - 2007 Live
Bethlehem Christmas Pageant
Mr. Donchez and Ms. Dolan sponsored Resolution 15,224 that
authorized the execution of a Use Permit Agreement between
the Live Bethlehem Christmas Pageant Society, Inc. and the
City of Bethlehem for use of the Community Arts Pavilion and
surrounding field for the 2007 Live Bethlehem Christmas Pageant
for the time period November 12, 2007 to January 7, 2008,
according to the terms and conditions of the Agreement.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, and Mr. Schweder, 6. The Resolution passed.
Removing Resolution 11 N from the Table
Mr. Leeson and Mr. Mowrer moved to remove Resolutions 11 N
from the Table. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr.
Donchez, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 6. The
motion passed.
N. Approving Right of Way - Verizon - 209-213 Broadway
Mr. Donchez and Mrs. Belinski sponsored Resolution 15,225
(11 N) that authorized the execution of the Right of Way Grant
with Verizon Pennsylvania, Inc. for the construction of two
poles, two anchor guys and aerial cable on City property located
at 209-213 Broadway on behalf of the City.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, and Mr. Schweder, 6. The Resolution passed.
12. NEW BUSINESS
Rescheduling Public Hearing - Lehigh Valley Industrial Park
- Lehigh Forge and Saucon Tracts
Mr. Donchez and Mrs. Belinski moved to reschedule the Public
Hearing on the rezoning request of Lehigh Valley Industrial
Park to rezone Lehigh Forge and Saucon Tracts from Tuesday,
December 18, 2007 at 7:30 PM in Town Hall to Tuesday, January
22, 2008 at 7:30 PM in Town Hall.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, and Mr. Schweder, 6. The motion passed.
Committee Announcement
Chairman Leeson announced a Finance Committee meeting on Tuesday,
December 11, 2007 at 6:00 PM in Town Hall on the subject of
the Water Filter Project Update.
13. COURTESY OF THE FLOOR
Casino Impact Fee; Northampton County Gambling Impact Committee
Meeting
Robert Pfenning, 2830 Linden Street, commenting there will
probably be some casino host fee revenues in the 2009 Budget
along with necessary expenses for the opening of the casino,
estimated the City will get about $4.7 million in 2009 on
an accrual basis based on a June opening date. Mr. Pfenning
said based on an accrual basis $3.3 million will not be received
until January 2010 so there will be a cash shortfall. Mr.
Pfenning assumed the $10 million impact fee for the host municipalities
was because there will be additional costs such as for emergency
services, and an incentive to go after licenses. Mr. Pfenning
expressed his opinion that it could be decided the municipalities
do not need the incentive any longer, and he would hate to
see municipalities depending on the host fee in perpetuity.
Mr. Pfenning noted that a meeting of the Northampton County
Gambling Impact Committee is scheduled on December 10, 2007
at 6:30 PM in the Courthouse.
City Controller Comments
Alan Blair, City Controller, said he is at the Meeting to
ask for Council's help concerning the Administration not responding
to his requests for information on City financial matters.
Mr. Blair expressed his opinion that as City Controller he
has the right to question or request any type of financial
information he feels is needed to oversee the City finances.
Mr. Blair stated the Administration's behavior is wrong and
not conducive to good financial discipline and good government.
Mr. Blair communicated that from the day he was appointed
City Controller by City Council he started to investigate
and ask questions. As a result, he was immediately put into
the they and other side category as the enemy. Mr. Blair remarked
that the Administration started to implement creative accounting
tactics without providing justification to him or City Council.
Mr. Blair exemplified there was a $1.9 million borrowing from
the 60 West Broad Street funding, and said he has not received
the official approval letter from HUD to use these funds as
the Administration is using. Mr. Blair continued on to say
$1.7 million from the casino tapping fees was transferred
from the Sewer Capital Fund to the General Fund, and he questioned
the legality of this transfer without City Council approval.
Mr. Blair stated there was $640,000 in job cost transfers
without the required details, and he has not received them.
Mr. Blair said last week $1 million in Earned Income Tax was
estimated and transferred to the General Fund without the
details for which he asked but has not received. Mr. Blair
noted he has also asked for the cash flow forecast throughout
the year, and it will be received shortly. Mr. Blair remarked
common sense tells him if everything was proper he would not
be here talking to City Council. Mr. Blair said this type
of behavior of not communicating or disclosing questionable
financial transactions without approval would not be tolerated
in the private sector. Mr. Blair reiterated that he would
like Council's help in how to solve the problem.
Dana Grubb, 2420 Henderson Place, made a remark about dishonesty
in the Administration. He asserted that Council accepts in
some cases unwittingly and in others knowingly what is going
on in the Administration, and he questioned why. Highlighting
the fact that taxpayers elect the Members of Council as part
of the checks and balances in City government, Mr. Grubb stated
it is not happening. Mr. Grubb, communicating there seems
to be a lot of conflict between the Administration and Council
on many issues, said he knows at the core are issues of principal
and not politics. Advising that City employees tell him about
the conduct of some members of the Administration, Mr. Grubb
commented they cannot speak out publicly because of concern
about retribution. Mr. Grubb stressed it is about time the
City wake up. He added that if the Administration feels an
issue merits Council's support it be done openly and honestly.
Remarking that residents are the ones who suffer because they
are not getting the government they have elected, Mr. Grubb
thought Council should do as much as possible to represent
the people of the community. Mr. Grubb said there is a type
of tyranny in City Hall.
Five Points Area - One-Way Pairs Traffic Proposal
Edwin Rodriquez, 1845 Linden Street, said he has heard about
conduct of some City officials that is not right. Mr. Rodriquez
explained that fire trucks, ambulances, and LANTA buses will
not be able to make the left hand turns under the one-way
pairs traffic proposal for the Five Points area. In addition,
Mr. Rodriquez highlighted the fact that there is senior citizens
housing in the area, as well as housing for the physically
and emotionally disabled, and those people walk very slowly.
Mr. Rodriquez questioned how it can be proposed that Broadway
to Wyandotte should be a one way strip, and how ambulances,
fire trucks and buses can make left hand turns at Wyandotte
and West Fourth Street and go up the hill at Third and Wyandotte
Streets. Referring to the 2004 Five Points gateway enhancement
study, Mr. Rodriquez noted it states an island of concrete
will be installed to separate the left and right lanes at
the northbound Route 378 corner, and again questioned how
public safety vehicles will be able to go in between the concrete
island and the structure behind it. Mr. Rodriquez, stressing
he will continually be against the one-way pairs traffic proposal,
asserted the vast majority of business owners on the South
Side, particularly in the Five Points area are behind what
he is saying in opposing the one-way pairs proposal. Mr. Rodriquez
exclaimed the proposal is not going to work, and there will
be a lot of accidents and incidents. Mr. Rodriquez communicated
that the business owners have worked hard all their lives
and should be left alone.
Records Destruction
Stephen Antalics, 737 Ridge Street, stated that the destruction
of records listed on this evening's Agenda is very troublesome
because the records are history, and it destroys the past.
Mr. Antalics, querying which records should be destroyed and
who makes the decision, further questioned whether they are
being destroyed because of a space problem or a coverup. Mr.
Antalics suggested that a Resolution be proposed to discontinue
destruction of public records. He felt space could be found
in the City to preserve the records because what is trivial
today could be key to tomorrow, and if an issue comes up one
can no longer go to the record. Mr. Antalics inquired what
is the rationale for destroying records.
City Government
Mary Pongracz, 321 West Fourth Street, commenting she is terribly
disturbed by the behavior tonight, said if someone did not
give her the information she wanted then she would continually
demand that she get the information. Ms. Pongracz asserted
it is incumbent upon the person who is asking for the information
to continue to demand it, rather than coming to a public meeting
to chastise City officials. Ms. Pongracz, remarking that the
Administration is not perfect but they are human beings, expressed
she is upset to come to a Council Meeting and hear denigration
of people who work hard for the City. Ms. Pongracz did not
think that the Administration and City Council deserve to
be spoken to in such an unkind manner. She added that retaliation
comes in every area of life.
Northwest Little League Field - Lights
John Ladics, Kaywin Avenue, confirmed that Council received
information from him this evening including a letter from
Mr. Koehler about installation of lights at the Northwest
Little League field. Mr. Ladics noted in reading the letter
one can see why the residents are so concerned and are now
acting on behalf of the neighborhood to control the situation
that is now out of hand. Mr. Ladics pointed out that 60 residents
signed the petition in opposition to the lights. Mr. Ladics
advised he will keep coming back concerning the issue. Mr.
Ladics asked Council to think of the neighbors when they read
the information he submitted to them.
Councilwoman Magdalena Szabo
Mr. Ladics stated that Ms. Szabo, who was not at the Meeting
this evening, has always been a good friend of the Police,
Fire, and everyone in the City. Mr. Ladics continued on to
say that Ms. Szabo always had time for everyone, always came
forward and told the truth, and spoke from her heart. Mr.
Ladics communicated he will miss her and he knows a lot of
people who will miss her. Mr. Ladics said he feels very sad
that Ms. Szabo is not here and will not be on Council in 2008.
Mr. Ladics wished Mr. Reynolds, Council Member-Elect good
luck, and also expressed his appreciation to all the Members
of Council for what they do for the citizens. Mr. Ladics wished
Ms. Szabo good health, and reiterated that he will miss her.
Little League Field
Mr. Ladics recalled that, when an organization received money
from a Phillies baseball game that was played at the Northeast
Little League field, he called John Schweder, the then Parks
and Public Property Director, who investigated the matter.
A fee of $240 per child was being paid to learn how to play
baseball that was never returned to the City although they
were using City property. Mr. Ladics commented it is a reference
to what might be presently going on at the field, and expressed
the hope that Council is concerned with the residents of the
City and not elsewhere.
Records Destruction; Recycling Fee; City Budget
William Scheirer, 1890 Eaton Avenue, shared the concern of
Mr. Antalics about the destruction of City records, and commented
that something like the National Archives should be thought
about at the City level.
Mr. Scheirer thought that if the recycling fee is knowingly
in excess of the cost required to cover the operations then
it is a tax added onto a user fee. He said the alternative
would be to increase the real estate tax.
Mr. Scheirer observed that City Council has about 39 days
to consider a $60 million Budget that he said does not seem
to be enough time. Mr. Scheirer thought the Budget could be
released on the first business day after Labor Day, and was
told that would mean the Budget would have to be revised many
times. He pointed out that most of the costs in the Budget
are not dictated by inflation, but by expectations of inflation
incorporated into contracts. Mr. Scheirer wondered what is
the usual Budget release date in Third Class Cities in Pennsylvania.
City Budget
Dave Sanders, 6 East Washington Avenue, said 7 years ago the
then Mayor was under fire about where the City's money goes.
Mr. Sanders, remarking the discussion is still about money
from different accounts, pointed out all of the accounts came
from one place that is the taxpayer's pocket, whether it is
water or recycling money. Mr. Sanders said he expects everybody
in the room to remember that. Highlighting the fact that he
just paid $200 for a lawn mower that mulches his grass, Mr.
Sanders pointed out now he will have to pay more money to
haul it away. Mr. Sanders, stressing that 7 years later there
are still the same conversations about a balanced budget,
and robbing Peter to pay Paul, asserted the City will be robbing
Peter to pay Paul 5 years from now. Mr. Sanders remarked he
does not spend money until he gets it. Mr. Sanders thought
it is time for City Council and the Administration to try
to work together more, and added both are doing a good job.
Mr. Sanders further pointed out that the garbage in the downtown
is brought there by people and the money to take it away is
coming out of his pocket.
Dean Bruch, 555 Spring Street, agreed that the money comes
out of the taxpayer's pocket, and recalled sharing of information
was talked about years ago when he asked Mr. DeCrosta, the
then City Controller, to come to a Council Meeting. Mr. Bruch
thought that the Administration and Council should get the
budget numbers together. Mr. Bruch stated that City officials
should watch where the money goes, and use it where it is
needed. He communicated that the Business Administrator would
like to have a cushion, but there is the matter of the Police
Union contract. Mr. Bruch commented that people may have to
be more prudent about how money is spent.
The meeting was adjourned at 9:10 p.m.