Council MInutes

April 15, 2008

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, April 15, 2008 – 7:00 PM

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

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

4. APPROVAL OF MINUTES

The Minutes of April 1, 2008 were approved.

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

Maple Tract – Proposed Sale by Bethlehem Authority

Bud Cook, Northeastern Pennsylvania Director for The Nature Conservancy, a national non-profit conservation organization, notified the Members that the organization is collaborating with The Wildlands Conservancy based in Emmaus on the proposed purchase of the Maple Tract property owned by the Bethlehem Authority. Mr. Cook distributed to the Members background information on a list of recent land conservation projects undertaken by water providers across the country with The Nature Conservancy and other organizations, and the Keystone Act concerning perpetual deed restrictions for land acquired with funds from the Pennsylvania Department of Conservation and Natural Resources (DCNR). Mr. Cook stated that if the Maple Tract is sold The Wildlands Conservancy will apply for DCNR funds.

Northeast Little League – Request for Field Lights

Michael Perruso, 2245 Kemmerer Street, board member of Northeast Little League, stated he is at the meeting to speak on behalf of the League and J. D. Devine, President, who was unable to be in attendance. Mr. Perruso read the letter from Mr. Devine in which he thanked the Members of Council for their consideration of the field lights project at Northeast Little League. Members of the League and the youth sports association are present at this evening’s meeting to ask for Council’s support for the League’s request to install lights at Northeast Little League’s field. The League did everything it could to make the lights project as self-sufficient as possible, secured the necessary funding, equipment, and electrical work. The League polled the neighbors who gave unanimous support except for one person who wanted to know more about the curfew policy that has not yet been officially voted on. However, the Little League rule book does not allow an inning to start after 10:00 pm. The League had an ecological study conducted of the lights as requested by the City, and the lights are the most ecologically friendly lights available. The League is asking the Members of Council to vote yes on the request to install lights at Northeast Little League’s field. The reason the lights are being requested is to safely finish early season weekday games for age groups primarily 12 years and under.

Bill Scheirer, 1890 Eaton Avenue, noted he was asked by Mary Jane Karabin whose son plays at Northeast Little League to inform the Members that she supports the request for lights.

John Ladics, Kaywin Avenue, pointed out the Northeast League representatives made sure they contacted the residents about the proposal for field lights. He expressed the hope that Council approves the request of Northeast Little League. In contrast, Mr. Ladics highlighted the fact that the Northwest Little League field is located very close to the neighbors houses on Kaywin Avenue and they signed a petition opposing the installation of field lights. Mr. Ladics hoped that the Members of Council understand the plight of the Kaywin Avenue neighbors if lights are requested at Northwest Little League’s fields. Stressing the neighbors are not against Little Leagues or playing of games, Mr. Ladics pointed out there are adults who play on Northwest Little League’s fields. Mr. Ladics added that 65%-70% of the youth who play at Northwest Little League are not City of Bethlehem residents.

Eddie Rodriquez, 1845 Linden Street, indicating his support for the request of Northeast Little League for lights, observed this opportunity should be given to the youth for organized play so as to avoid the creation of problems elsewhere.

6. OLD BUSINESS

Pumping Station – Lehigh River Bank

Mrs. Belinski asked the status of the pumping station at the Lehigh River bank and attendance at the Pennsylvania Department of Environmental Protection (PADEP) flood control seminar.

Michael Alkhal, Director of Public Works, advised that Matt Dorner of the Department is currently at the PADEP seminar.

Mrs. Belinski asked for a report on how the City will obtain money to reactivate the pumping station.

A. Tabled Items

1. Authorizing Records Destruction – Controller's Office
2. Authorizing Records Destruction – Bureau of Purchasing
3. Authorizing Records Destruction – Department of Water and Sewer Resources

President Donchez affirmed that Dennis Reichard, Business Administrator, forwarded a memorandum advising that the Administration will be reviewing the City records that are being stored and backed up, the State law on records retention and destruction, and the cost to scan documents that need to be saved.

B. Unfinished Business

1. Use Permit Agreement – Youth Athletic Organizations
2. Establishing Article 314 – Security Cameras

7. COMMUNICATIONS

A. City Solicitor – Use Permit Agreement – Boutique at the Rink

The Clerk read a memorandum dated April 7, 2008 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached the revised Resolution and revised Use Permit Agreement between St. Luke's Hospital and Health Network and the City for the 2008 Boutique at the Rink. On March 11, 2008 a proposed Use Permit Agreement between the Wellness Community of the Greater Lehigh Valley and Resolution were forwarded to Council, and since that time it was determined that the Agreement should be between St. Luke's Hospital and Health Network and the City.

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

B. Fire Assistant Chief – Updated Emergency Operation Plan

The Clerk read a memorandum from Michael Sankovsky, Fire Assistant Chief, advising that after the City’s Emergency Operation Plan was adopted by Council on June 17, 2003, changes were made in Emergency Management on a nation level. The major change was the development of the National Incident Management System, or NIMS, that is a plan for managing domestic incidents. The memo explained NIMS and how it affects the City. The NIMS update of the City’s Emergency Operation Plan has been completed and formal adoption by City Council is requested.

President Donchez noted that the matter will be reviewed in Public Safety Committee, as was indicated by Chairman Mowrer.

C. Parks and Public Property Director – Clearview Park and Sand Island West

The Clerk read a memorandum dated April 7, 2008 from Ralph E. Carp, Director of Parks and Public Property, requesting authorization to demolish the cement block building at Clearview Park and to provide an update of the scheduled projects at Sand Island West.

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

D. Bethlehem Authority Executive Director – Maple Tract Sale to Wildlands Conservancy

The Clerk read a memorandum dated April 9, 2008 from Stephen Repasch, Executive Director of the Bethlehem Authority, advising that at their meeting of February 14, 2008, the Bethlehem Authority Board unanimously approved the sale of the Maple Tract to the Wildlands Conservancy, contingent upon the completion of a Phase I Environmental Study which is now complete. The Bethlehem Authority is seeking City Council's approval for this sale.

President Donchez referred the matter to the Public Works Committee.

Pumping Station – Lehigh River Bank

Chairwoman Dolan added that a Public Works Committee meeting can also be scheduled for an update on the Pumping Station.

E. Planning and Zoning Director – DCNR Grant Application – Greenway and Skate Park Implementation Phase II

The Clerk read a memorandum dated April 10, 2008 from Darlene Heller, Director of Planning and Zoning, to which was attached a proposed Resolution to accept DCNR grant funds for the development of the South Bethlehem Greenway and Skate Plaza.

President Donchez stated that the Resolution will be listed on the May 6 Agenda.

8 . REPORTS

A. President of Council

Committee of the Whole Meeting Announcements

President Donchez announced the following Committee of the Whole meetings: The Committee of the Whole Meeting for an update on ArtsQuest and Musikfest has been rescheduled on Tuesday, July 15 at 6:00 PM in Town Hall; Wednesday, May 7, 2008 – 7:00 PM – Town Hall - Subject: Political Campaigns Contributions Proposal; and Tuesday, May 15, 2008 – 7:00 PM – Town Hall - Subject: Host Fee Ordinance Proposal.

Moravian College Dormitory Project – Hurd Campus – Root Cellars

President Donchez advised he was asked to read a letter from Charlene Donches-Mowrers, Executive Director of the Historic Bethlehem Partnership, in which it was stated the Historic Bethlehem Partnership feels it is unfortunate that the root cellars had to be removed at the land where the Moravian College dormitory project is being built in the vicinity of Lehigh Street. However, they are very appreciative that Moravian College and the Bethlehem Area Moravians brought in the excellent professionals, John Milner Associates, who in the past had conducted the archeological digs in the City’s Colonial Industrial Quarter, and the Pennsylvania Historic and Museum Commission to photograph and document the root cellars and save the historic materials. Historic Bethlehem Partnership would be pleased to keep copies of their findings for future reference and research, and have offered to assist Moravian College with an archeological exhibit based on these findings.

B. Mayor

1. Administrative Order – Dennis R. Cunerd – Redevelopment Authority

Mayor Callahan reappointed Dennis R. Cunerd to membership on the Redevelopment Authority effective until March 2013. Mr. Mowrer and Ms. Dolan sponsored Resolution 2008-53 to confirm the appointment.

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

C. Public Safety Committee

Chairman Mowrer presented an oral report of the Public Safety Committee Meeting held on April 8, 2008 on the following subjects: (1) EMS Bureau – Update: (A) Staffing levels/vacancies, (B) Calls - Bethlehem EMS (numbers comparing last three years), (C) Calls - Outside EMS agencies, (D) Building plans/renovations, (E) New programs/initiatives that will be implemented; (2) Fire Department – Update: (A) Staffing levels/vacancies, (B) Inspections (backlog status), (C) New programs/initiatives that will be implemented; (3) Police Department: (A) Amending Police Civil Service Rules and Regulations - Appointment and Examination - Promotion Procedures, (B) Establishing Article 314 - Security Cameras, (C) Adopting Enhanced 911 Plan – 2008 through 2010; and (D) Police Department - Updates: (1) CODY – Update on Implementation and System Operation, (2) Radios for Police Officers, (3) Staffing levels/vacancies.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 10 – 2008 – Amending Non-Utility Capital Budget – Emergency Web-Based Broadcasting System

The Clerk read Bill No. 10 – 2008 – Amending Non-Utility Capital Budget – Emergency Web-Based Broadcasting System, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 10 – 2008, hereafter to be known as Ordinance 2008-11, was declared adopted.

B. Bill No. 11 – 2008 – Amending Community Development Budget – Revisions and Year-End Adjustments to CDBG and HOME Programs

The Clerk read Bill No. 11 – 2008 – Amending Community Development Budget – Revisions and Year-End Adjustments to CDBG and HOME Programs, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 11 – 2008, hereafter to be known as Ordinance 2008-12, was declared adopted.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Authorizing Execution of Use Permit Agreement – Boutique at the Rink – St. Luke's Hospital

Mr. Mowrer and Ms. Dolan sponsored Resolution 2008-54 that authorized the execution of a Use Permit Agreement between the City and St. Luke's Hospital and Health Network for use of the Municipal Ice Rink for the 2008 Boutique at the Rink for the time period April 28, 2008 to June 3, 2008, according to the terms of the Agreement.

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

B. Amending Police Civil Service Rules and Regulations – Promotion Procedures

Mr. Mowrer and Ms. Dolan sponsored Resolution 2008-55 that amended the Police Civil Service Rules and Regulations on Page 32 – Appointment and Examination – Promotion Procedures.

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

C. Adopting Enhanced 911 Plan – 2008 through 2010

Mr. Mowrer and Ms. Dolan sponsored Resolution 2008-56 that approved the 911 Telephone Access Plan and Contribution Rate for the residents of the City of Bethlehem in conformance with the Guidelines for Administration of the Public Safety Emergency Telephone Act. The monthly rate of $1.25 shall remain in effect from January 2008 through and including January 2010.

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

D. Certificate of Appropriateness – 108 and 110 Wesley Street

Mr. Mowrer and Ms. Dolan sponsored Resolution 2008-57 that granted a Certificate of Appropriateness to paint the exterior of 108 and 110 Wesley Street.

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

E. Certificate of Appropriateness – 229 East Wall Street

Mr. Mowrer and Ms. Dolan sponsored Resolution 2008-58 that granted a Certificate of Appropriateness to alter the exterior of 229 East Wall Street.

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

F. Approving Installation of Lights – Northeast Little League – Sell Field
(Tabled at November 20, 2007 Council Meeting)

Mrs. Belinski and Ms. Dolan moved to take from the Table Resolution 11 F that was Tabled at the City Council Meeting on November 20, 2007. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. The motion passed.

Mrs. Belinski apologized to Northeast Little League that it took so long for the Resolution to be voted on.

Mr. Leeson and Mrs. Belinski sponsored Resolution 2008-59 that authorized the execution of Amendment No. 1 to Use Permit Agreement between the City and Northeast Little League for placement of permanent field lights, according to the terms of the Agreement.

Ms. Dolan thanked the Environmental Advisory Council for studying and recommending the type of lights to be installed at the Northeast Little League field so that they would be environmentally safe. She noted that future Use Permit Agreements will address use of sustainable energy and efficient lights, and provisions for recycling.

Ms. Dolan, turning to the issue of setting a precedent by which approval of the request for lights at Sell Field for Northeast Little League would mean that lights would automatically have to be approved for other Little League fields, read from a memorandum received from John F. Spirk, Jr., Esq., City Solicitor. Attorney Spirk advised that City Council can address requests for field lights on a case by case basis, and Council can consider factors unique to each athletic field. Ms. Dolan highlighted the fact that Northeast Little League representatives did their homework, obtained the support of the neighbors, and added that as Chairwoman Belinski pointed out the area already has lights. Ms. Dolan stated she will be voting in favor of the Resolution.

Mrs. Belinski advised that Northeast Little League was planning on installing energy efficient lights all along.

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

12. NEW BUSINESS

Election of Vice President of Council

Mr. Mowrer moved to submit the name of Joseph Leeson as the Vice President of Council, in accordance with the revised Rules of Council that were adopted at the April 1, 2008 City Council Meeting. Mrs. Belinski seconded the motion.

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

Vice President of Council – Joseph F. Leeson, Jr., Esq.

Mr. Leeson thanked the Members of Council for their vote of confidence and the honor they bestowed on him tonight. He stated it is a pleasure to work with all of them, and remarked that the Members of Council are top notch and people of integrity.

Committee Meeting Announcement

Chairman Leeson announced a Finance Committee meeting on Wednesday, April 23 at 4:30 PM on various transfers and budget adjustments.

13. COURTESY OF THE FLOOR

Recycling Recommendations

Peter Crownfield, 569 Brighton Street, presented recommendations regarding recycling compiled with the assistance of a Lehigh University student that were brought about by observations of overflowing trash receptacles in downtown Bethlehem, as follows: 1. Amend the recycling ordinance to require all business, municipal, and institutional establishments (including food-service establishments) to recycle #1 (PET/PETE) and #2 (HDPE) plastics and, optionally, other plastics; 2. Amend the recycling ordinance and permitting requirements to require all food-service establishments with outside seating to provide for and ensure compliance with recycling at the outside seating area; 3. Provide or require on-street recycling containers and pickup in the downtown areas, especially along Main Street, Broad Street, Third Street, and Fourth Street. This could be done as a City service or as a requirement that individual establishments take care of the recycling outside their business; 4. Amend the recycling ordinance (or enact a new ordinance) to require all business, municipal, and institutional establishments to use environmentally-preferable purchasing and to reduce solid waste whenever practical, using practices and guidelines such as those required of all PA agencies and departments under the Management Directive issued by the Governor's office on September 20, 2007. Guidelines for food-service establishments should include requiring the use of reusable service ware when practical, recycling if single-use products are used, and actively encouraging customers to recycle, including containers that they take off the premises; 5. Amend the recycling ordinance (or enact a new ordinance) to require all special events and festivals to follow the same recycling, waste-reduction, and environmentally-preferable purchasing requirements as food-service establishments. It should be made clear that the sponsoring entity or permittee is responsible for seeing that all participating vendors and concessions comply with these requirements. These requirements should also be specified in any lease for the use of City facilities; 6. Provide or arrange for information or training on best practices for recycling, environmentally-preferable purchasing, and waste reduction for businesses and other establishments in Bethlehem, especially those that serve food. Ideally, this would include information on local availability of such products; 7. Explore ways to make composting of food waste feasible for food-service establishments, including the possibility of providing or arranging for such services; 8. Consider changing the handling of plastics at the Theis-Cornfeld Recycling Center to recycle #1 & #2 plastics separately rather than commingling them with the #3-#7 plastics; 9. Provide resources to enforce existing and revised ordinances. Perhaps at least a simple check of recycling and waste minimization could be added to Health inspections for food-service establishments. These recommendations were prepared by Peter Crownfield, based on observations and recommendations made in the report by Kanchan Maskey, titled, Recycling in Downtown Bethlehem-January 23, 2008.

Mr. Crownfield gave to the Members of Council a booklet with organizations that promote sustainable communities.

Ms. Dolan asked when is it appropriate for Council to recommend that something be reviewed by the EAC.

President Donchez responded that a memorandum could be sent to the Administration and City Council and he would refer it to the EAC.

City Council Members – Neighborhood Visits

Don Doland, Kaywin Avenue, commented that neighborhood residents seldom get to see City Council Members, and he felt that people running for Council should go around the neighborhoods and introduce themselves.

Various Issues

Eddie Rodriquez, 1845 Linden Street, thanked Jim Smith of the Streets Department, Ralph Carp, Parks and Public Property Director, and City employees for their work. Mr. Rodriquez thought the dispatchers have been doing a better job. Mr. Rodriquez expressed that video cameras are needed in high risk areas where there is more crime and burglaries. He noted that more vehicles are being stolen, and gang activity is getting worse. Mr. Rodriquez said more surveillance is needed in the Five Points area and the parks. Mr. Rodriquez did not recommend a skate park. He encouraged athletic organizations and stressed that youth must be given something to do. Mr. Rodriquez, noting there is a sponsorship for Yosko Park, expressed that there should be caution when choosing sponsors.

Street Signs; Staffing; and Budget

Robert Pfenning, 2830 Linden Street, observed that the signs at Barnsdale and Macada Roads are no longer there. Mr. Pfenning commended the raising of staffing issues that was discussed at the Public Safety Committee meeting on April 8, 2008 in view of the casino project. Mr. Pfenning thought if one would say the City would have the exact amount of spending in 2009 as in 2008 for personnel and capital projects, excluding inflation and additional staffing, and taxes are not raised then unless either expenses are reduced or other revenues are found there will be a problem because in 2008 there was $4 million of non-recurring revenue in the General Fund Budget. Observing that, if the casino opens on schedule in 2009, then the City will receive a host fee and have over $4 million, Mr. Pfenning said the downside is that about 70% of the host fee will not be received until 2010. Mr. Pfenning asserted that a $4 million hole is created in perpetuity if the City does not want to raise taxes. Recalling that at a past City Council Meeting a young person addressed the Members of Council concerning the need for teenage recreation, Mr. Pfenning questioned what has the City done about the request.

Randall Miller, Police Commissioner, replied two Officers contacted the person to inform him about the City’s recreational facilities in addition to other facilities such as the Boys Club, etc.

Rules of Council and Copies

Bill Scheirer, 1890 Eaton Avenue, expressed that he was glad to see copies of the adopted amendments to the Rules of Council available for the public. Mr. Scheirer said his recommendation is to have copies of each Communication, Ordinance and Resolution made available outside Council Chambers before the Meeting. Mr. Scheirer stated he will bring up the matter of amendments to the Rules of Council at the next Bethlehem Citizens Association meeting.

Candidates; Ethics Board; Public Comments; Staff Position

Dana Grubb, 2420 Henderson Place, advised that as a candidate last year he did walk in the Kaywin Avenue neighborhood and knocked on doors. Mr. Grubb was pleased to see included in the adopted amendments to the Rules of Council new Rule 13 specifying that Members of Council shall follow the Code of Ethics Resolution. Mr. Grubb explained that the City of Easton’s Charter mandates an Ethics Board, and strongly suggested that City Council consider doing something similar. Mr. Grubb communicated it was disconcerting to hear at the Public Safety Committee meeting on April 8, 2008 the president of the F.O.P. prefacing his remarks by saying he had to be careful that what he would say would not get him fired. Mr. Grubb said no American should have to be concerned about retribution for any comments that they make. Mr. Grubb pointed out that in the April 2, 2008 edition of the Bethlehem Press there were photographs of the recent South Side Cleanup, one of which was of the assistant to the Mayor. Mr. Grubb asked if Council approved the position, if the position is on the City payroll, how is it being paid for and where is it in the Budget.

Dennis Reichard, Business Administrator, replied the position is not on the City payroll.

Monocacy Creek - Cleanup

Chuck Nyul, 1966 Pinehurst Road, noted this past weekend a group of students from the Liberty High School key club cleaned up around the Monocacy Creek, and his grandson who was a member of the group told him that some of the debris was left from Musikfest last year.

Citizen Involvement

Stephen Antalics, 737 Ridge Street, pointed out that Dana Grubb, Bill Scheirer, Robert Pfenning, Chuck Nyul, and Eddie Rodriquez are all very concerned, involved, and intellectual citizens who reflect a profound interest in and love for the community, and thought that Council should pay close attention to what they say.

The meeting was adjourned at 8:00 p.m.