Council Minutes

BETHLEHEM CITY COUNCIL MEETING

10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, November 16, 2010 – 7:00 PM

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

President Robert J. Donchez called the meeting to order. Pastor Robert Rentler, of New Covenant Church, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, David T. DiGiacinto, Karen Dolan, Eric R. Evans, Gordon B. Mowrer, J. William Reynolds, and Robert J. Donchez, 7.

4. APPROVAL OF MINUTES

The Minutes of November 3, 2010 were approved.

5. COURTESY OF THE FLOOR

LERTA – Renewal

Tom Shaughnessy, Regional Manager for J. G. Petrucci Company, encouraged continued support for and the extension of the LERTA (Local Economic Revitalization Tax Assistance) program. Mr. Shaughnessy, noting he has appeared before Council in the past asking for consideration of the past renewals of the program, affirmed LERTA is a very effective tool in attracting industry to the City and LVIP VII. He highlighted the fact that J. G. Petrucci Company has completed three industrial projects in LVIP VII; i.e., the Receivable Management Services Company, Synchronoss Technologies, and Cigars International, and the companies together employ 1,700 jobs. Mr. Shaughnessy added that the developments total 260,000 sq. ft. on 28 acres and over $20 million. Pointing out that the site of the projects is a Brownfields site at the former Bethlehem Steel Corporation BOF (Basic Oxygen Furnace), Mr. Shaughnessy emphasized that the area needs incentives from the municipality and school district. Mr. Shaughnessy advised that LERTA has proven to be a great enticement to companies and makes a difference in attracting good employment, investment and related activity.

Skip Bailey, Vice President of Majestic Realty Company, noted the company has about 449 acres of land to develop at the site of the former Bethlehem Steel. Mr. Bailey informed the Members of the Company’s support for the continuation of the LERTA Program. Mr. Bailey noted one of the reasons the company purchased the property in 2007 was the existence of the LERTA Program that is definitely a very beneficial program. Mr. Bailey advised that the large end users who contact his firm are all interested in the LERTA Program. Communicating there is a lot of pent-up demand, Mr. Bailey expressed there is excitement about 2011. Mr. Bailey thanked City Council for their consideration in extending the LERTA Program.

Proposed 2011 Budget

Dana Grubb, 2420 Henderson Place, expressed his support for renewal of the LERTA Program that is a great economic development tool. Mr. Grubb, saying that the Budget is a catastrophe exceeded only by mismanagement of the City’s finances, stressed that taxpayers and many City employees will continue to pay for the problems. Mr. Grubb recounted that in the past he has warned City Council about the finances of the City. Mr. Grubb stressed that the residents need their best interests served, and Council must begin to turn the tide. Mr. Grubb questioned how Members of Council could believe what they are told by the Administration. Mr. Grubb, communicating there seems to be no formal review process in the decisions made about employee layoffs, stated those at the top and some others are protected. Mr. Grubb recommended that salaries of non-classified employees be cut who contributed to the mismanagement. Mr. Grubb further recommended elimination of all part-time and contract employees, and personal use of City vehicles. He said it should be checked to make sure that contractors such as the Elm Street and Enterprise Zone program coordinators are still being funded by grants rather than being assimilated into the Budget. Mr. Grubb stressed that doubling the Recycling Fee is a tax increase. He continued on to say that the Water and Sewer Departments should be put back into the Public Works Department, and redundant positions eliminated along with the Special Projects Coordinator position. Mr. Grubb observed it is being heard that the Golf Course is not making a profit, and added that replacing full time staff with part time or seasonal workers seems to violate the SEIU Contract. He stated that positions necessary for maintaining internal operations and City services should be restored, that the correct personnel cuts be made, and that no salary increases should be given to TAMS employees in order to find additional savings. Mr. Grubb asserted it is up to Council to take the City where it should be going.

Andrew Prickler, 1843 Willow Park Road, noted he is a City employee and a business owner in the City. Asserting that the condition of the City and its direction is disgraceful, and there is much mismanagement, Mr. Prickler stressed the price will be paid by those whose jobs are being eliminated. Mr. Prickler, remarking the Administration cannot balance its books, recalled that former Council Member Schweder said a year ago the City is not going to be able to pay its bills. Mr. Prickler noted it is being heard the Golf Course is not making money. Mr. Prickler expressed that no one was prosecuted regarding the landfill. Mr. Prickler felt that the drainage system project undertaken at the ball field by the Parks and Public Property Director serves no purpose. Mr. Prickler stated that when the tennis courts near the Ice Rink were redone the gap between the fence line and where the paving stopped was filled in with screening that went underneath the fence when it rained and the problem still exists. Mr. Prickler said the wrong people are in the wrong jobs and is why the City is in the current situation. He communicated that until the right people are put in various jobs there will still be financial problems. Mr. Prickler, stating the City has to start finding better deals and do what is necessary to balance the books, stressed it will be the workers who will suffer. He thought there should be a 5% decrease in Administration salaries as a start. Mr. Prickler emphasized that all the employees in attendance are here for a reason because they are upset.

6. OLD BUSINESS.

A. Old Business – Members of Council

Vote - Police Officer John Nye

President Donchez advised that Members of Council will vote on the matter of Police Officer John Nye at the December 7, 2010 City Council Meeting.

B. Tabled Items

None.

C. Unfinished Business

1. Establishing Article 1716 – Landmarks and Properties of Historical Interest
(Assigned to Preservation Plan Task Force)

7. COMMUNICATIONS

A. Council Member DiGiacinto – Replacing Article 735 – Emergency Alarm Systems and Fees – Amendments to Ordinance

The Clerk read a memorandum dated November 10, 2010 from David T. DiGiacinto, Chairman of the Public Safety Committee, to which was attached amendments to the Ordinance Replacing Article 735 – Emergency Alarm System. These changes are related to the user follow up (Administrative response timing), third party contact availability, registration renewal fees, and penalties.

President Donchez noted that the Ordinance will be placed on the December 7 Council Agenda.

B. City Solicitor – Revision to Use Permit Agreement for Public Property – ArtsQuest

The Clerk read a memorandum dated November 11, 2010 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a revised Use Permit Agreement for Public Property between the City and ArtsQuest for Christkindlmarkt 2010, PeepsFest 2010 and Countdown in Downtown 2010, according to the terms of the Agreement.

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

8. REPORTS

A. President of Council

Public Hearing – Officer Lenner

President Donchez stated that the Public Hearing on the matter of Officer Lenner is scheduled on Wednesday, December 8, 2010 at 6:00 PM in Town Hall.

President Donchez announced the 2011 Budget Hearing Schedule as follows:

Tuesday, November 30, 2010 - 7:00 PM – Town Hall
First Budget Hearing:
Civic Expenses
Council, Mayor, Treasurer, Controller
Law Bureau
Department of Administration
Parks and Public Property Department
Golf Course Enterprise Fund
General Fund Revenue
General Fund Expenditures
General Expenses
Debt Service

Wednesday, December 1, 2010 – 7:00 PM – Town Hall
Second Budget Hearing:
Public Works Department
Liquid Fuels Fund
Non-Utility Capital Fund
Community Development Block Grant
Community and Economic Development Department

Thursday, December 9, 2010 – 7:00 PM Town Hall
Third Budget Hearing:
Police Department
911 Fund
Fire Department
Water and Sewer Resources Department
Water Fund Revenue and Expenses
Water Capital Budget
Sewer Fund Revenue and Expenses
Sewer Capital Budget

Wednesday, December 15, 2010 – 7:00 PM – Town Hall
Final Budget Meeting

Tuesday, December 21, 2010 – 7:00 PM – Town Hall
Final Reading of 2011 Budget Ordinances

B. Mayor

1. Administrative Order – Steven L. Glickman – Fine Arts Commission

Mayor Callahan reappointed Steven L. Glickman to membership on the Fine Arts Commission, effective until November 2013. Mr. DiGiacinto and Mrs. Belinski sponsored Resolution 2010-174 to confirm the appointment.

Ms. Dolan noted that, in reading the Fine Arts Commission minutes, both appointees are hard workers and she is happy to see they are being reappointed.

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

2. Administrative Order – Mary Wright – Fine Arts Commission

Mayor Callahan reappointed Mary Wright to membership on the Fine Arts Commission, effective until November 2013. Mr. DiGiacinto and Mrs. Belinski sponsored Resolution 2010-175 to confirm the appointment.

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

C. Parks and Public Property Committee

Chairman Evans presented an oral report of the Parks and Public Property Committee meeting held on Thursday, November 4, 2010 in the Mayor’s Conference Room on the following subjects: EAC – Riparian Resolution; Steelworkers’ Memorial; and Renaming Ice Rink.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 26 – 2010 – Adopting the 2011 General Fund Budget

The Clerk read Bill No. 26 – 2010 – Adopting the 2011 General Fund Budget, sponsored by Mr. Evans and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE GENERAL FUND BUDGET FOR 2011.

Mr. Reynolds asked the amount of the 2010 General Fund Budget. Dennis Reichard, Business Administrator, replied it was $71.6 million.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 26 - 2010 was declared passed on First Reading.

B. Bill No. 27 – 2010 – Adopting the 2011 Water Fund Budget

The Clerk read Bill No. 27 – 2010 – Adopting the 2011 Water Fund Budget, sponsored by Mr. Evans and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA,
ADOPTING THE WATER FUND BUDGET FOR 2011.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 27 - 2010 was declared passed on First Reading.

C. Bill No. 28 – 2010 – Adopting the 2011 Sewer Fund Budget

The Clerk read Bill No. 28 – 2010 – Adopting the 2011 Sewer Fund Budget, sponsored by Mr. Evans and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA,
ADOPTING THE SEWER FUND BUDGET FOR 2011.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 28 - 2010 was declared passed on First Reading.

D. Bill No. 29 – 2010 – Adopting the 2011 Golf Course Enterprise Fund Budget

The Clerk read Bill No. 29 – 2010 – Adopting the 2011 Golf Course Enterprise Fund Budget, sponsored by Mr. Evans and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE GOLF COURSE ENTERPRISE FUND BUDGET FOR 2011.

Ms. Dolan noted at this point a vote of Aye does not mean that a Member agrees with every matter in the Budget, and the votes on First Reading move the matters on for discussion. President Donchez stated that is correct, and further affirmed this is the standard procedure.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 29 - 2010 was declared passed on First Reading.

E. Bill No. 30 – 2010 – Adopting the 2011 Liquid Fuels Fund Budget

The Clerk read Bill No. 30 – 2010 – Adopting the 2011 Liquid Fuels Fund Budget, sponsored by Mr. Evans and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE LIQUID FUELS FUND BUDGET FOR 2011.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 30 - 2010 was declared passed on First Reading.

F. Bill No. 31 – 2010 – Adopting the 2011 Capital Budget for Non-Utilities

The Clerk read Bill No. 31 – 2010 – Adopting the 2011 Capital Budget for Non-Utilities, sponsored by Mr. Evans and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE 2011 CAPITAL BUDGET FOR NON-UTILITIES.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 31 - 2010 was declared passed on First Reading.

G. Bill No. 32 – 2010 – Adopting the 2011 Capital Budget for Water Utilities

The Clerk read Bill No. 32 – 2010, Adopting the 2011 Capital Budget for Water Utilities, sponsored by Mr. Evans and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE 2011 CAPITAL BUDGET FOR WATER UTILITIES.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 32 - 2010 was declared passed on First Reading.

H. Bill No. 33 – 2010 – Adopting the 2011 Capital Budget for Sewer Utilities

The Clerk read Bill No. 33 – 2010 – Adopting the 2011 Capital Budget for Sewer Utilities, sponsored by Mr. Evans and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE 2011 CAPITAL BUDGET FOR SEWER UTILITIES.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 33 - 2010 was declared passed on First Reading.

I. Bill No. 34 – 2010 – Adopting the 2011 Community Development Budget

The Clerk read Bill No. 34 – 2010 – Adopting the 2011 Community Development Budget, sponsored by Mr. Evans and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE COMMUNITY DEVELOPMENT BUDGET FOR
2011.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 34 - 2010 was declared passed on First Reading.

J. Bill No. 35 – 2010 – Adopting the 2011 9-1-1 Fund Budget

The Clerk read Bill No. 35 – 2010 – Adopting the 2011 9-1-1 Fund Budget, sponsored by Mr. Evans and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE 9-1-1 FUND BUDGET FOR 2011.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 35 - 2010 was declared passed on First Reading.

K. Bill No. 36 – 2010 – Fixing the 2011 Tax Rate for All City Purposes

The Clerk read Bill No. 36 – 2010 – Fixing the 2011 Tax Rate for All City Purposes, sponsored by Mr. Evans and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, FIXING
THE TAX RATE FOR ALL CITY PURPOSES
FOR THE YEAR 2011.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 36 - 2010 was declared passed on First Reading.

L. Bill No. 37 – 2010 – Amending Article 342 – Continuing LERTA through December 2012

The Clerk read Bill No. 37 – 2010 – Amending Article 342 – Continuing LERTA through December 2012, sponsored by Mr. Evans and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 342 OF THE CODIFIED ORDINANCES
ENTITLED LOCAL ECONOMIC REVITALIZATION TAX
ASSISTANCE - ENTERPRISE DEVELOPMENT AREA.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 37 - 2010 was declared passed on First Reading.

M. Bill No. 38 – 2010 – Amending Article 1113 – Food Code Regulations

The Clerk read Bill No. 38 – 2010 – Amending Article 1113 – Food Code Regulations, sponsored by Mr. Evans and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 1113 OF THE CODIFIED ORDINANCES
ENTITLED FOOD CODE REGULATION.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 38 - 2010 was declared passed on First Reading.

N. Bill No. 39 – 2010 – Amending Article 1731 – Inspections

The Clerk read Bill No. 39 – 2010 – Amending Article 1731 – Inspections, sponsored by Mr. Evans and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 1731 OF THE CODIFIED ORDINANCES
ENTITLED INSPECTIONS.

Ms. Dolan inquired about the deletion of paragraph (b) of Section 1731.01. Mr. Reynolds observed that it was replaced with a new paragraph (b). John F. Spirk, Jr., Esq., City Solicitor, confirmed that the deletion of the current paragraph and replacement with the new paragraph expands and clarifies the inspection of rental properties.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 39 - 2010 was declared passed on First Reading.

O. Bill No. 40 – 2010 – Article 1733 – Adoption of 2009 ICC International Property
Maintenance Code

The Clerk read Bill No. 40 – 2010 – Article 1733 – Adoption of 2009 ICC International Property Maintenance Code, sponsored by Mr. Evans and Mr. Reynolds, and titled:

AN ORDINANCE ADOPTING THE 2009 ICC INTERNATIONAL PROPERTY MAINTENANCE CODE. TOGETHER WITH ADDITIONS, DELETIONS AND MODIFICATIONS AS NOTED; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; REPEALING ALL ORDINANCES INCONSISTENT HEREWITH.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 40 - 2010 was declared passed on First Reading.

11. RESOLUTIONS

A. Renaming Ice Rink – Earl E. Schaffer Municipal Ice Rink

Mr. DiGiacinto and Mr. Mowrer sponsored Resolution 2010-176 that renamed the Ice Rink to Earl E. Schaffer Municipal Ice Rink in honor of the former Mayor of the City of Bethlehem to honor and recognize his support for the construction of recreational facilities in the Monocacy Complex.

Mr. Mowrer noted that Earl Schaffer was his neighbor when he was growing up. Mr. Mowrer recalled that former Mayor Schaffer was a fervent supporter at that time of the City’s current Strong Mayor form of government, and of athletic programs for the City. Mayor Schaffer supported the building of the athletic complex on Illick’s Mill Road that includes the swimming pool, golf course, and ice skating rink. In addition, he was known for his involvement in the Water Authority and the Penn Forest Reservoir, and was instrumental in the development of the City Center complex. Mr. Mowrer stated it is appropriate to name the ice skating rink after Mayor Schaffer who was influential in its completion.

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

B. Authorizing Use Permit Agreement for Public Property – ArtsQuest –
Christkindlmarkt 2010, PeepsFest 2010, and Countdown in Downtown 2010

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution 2010-177 that authorized the execution of a Use Permit Agreement between the City and ArtsQuest for Christkindlmarkt 2010, PeepsFest 2010, and Countdown in Downtown 2010, for use of the premises and time periods as listed in the Agreement.

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

C. Transfer of Funds – Main Street Parking

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2010-178 that transferred $60,000 in the Non-Utility Capital Budget from the Unprogrammed Funds Account to the Ice Rink Repairs Account, and from the Ice Rink Repairs Account to the Main Street Parking Account.

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

D. Certificate of Appropriateness – 42 West Market Street

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution 2010-179 that granted a Certificate of Appropriateness to install solar panels on a flat roofed garage at the rear of the property at 42 West Market Street.

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

E. Certificate of Appropriateness – 133 Wall Street

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution 2010-180 that granted a Certificate of Appropriateness to replace four existing windows on the façade at 133 Wall Street and two existing windows on the rear facing Milton Street.

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

E. Certificate of Appropriateness – 133 Wall Street – Rescinding Vote

Ms. Dolan and Mr. Evans moved to reconsider Resolution 11 E and rescind the vote on Resolution 2010-180 that granted a Certificate of Appropriateness to replace four existing windows on the façade at 133 Wall Street and two existing windows on the rear facing Milton Street. The vote was made in error because the HARB voted to table the application, and there is no action needed from City Council at this time. The owners are evaluating their options and will re-submit to the HARB if they do not pursue repairing the windows.

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

12. NEW BUSINESS.

Committee Meeting Announcement

Chairman Mowrer announced the Human Resources and Environment Committee meeting on Tuesday, November 23, 2010 at 7:00 PM in Town Hall on the following: 2011 Budget – Proposed Personnel Changes.

13. COURTESY OF THE FLOOR

Elias Case - City Council Involvement

Bill Tomino, 1037 Main Street, voiced his objection to City Council’s involvement in the Elias Case and the Zoning Hearing Board, and remarked that the matter concerns a loading dock. Mr. Tomino communicated that as a businessman he questions Council’s involvement in a Zoning issue when anyone wants to reasonably improve and expand on their property.

Proposed 2011 Budget; Public Comment

Robert Pfenning, 2830 Linden Street, exemplified that what faces the City is equivalent to someone having to pay for another customer’s meal because that person did not pay for it yesterday. Mr. Pfenning emphasized that the City is asking future generations to pay for past expenses. Mr. Pfenning pointed out that aside from a $20 million financing proposed for the 2011 Budget it seems as though there will be a balloon payment in later years. Mr. Pfenning expressed his disagreement with the Mayor’s comments in the press that it is wise fiscal policy to borrow over 23 years to pay for past due General Fund expenses in lieu of a tax increase. Mr. Pfenning stated that good fiscal policy is to pay for non-capital expenses when they are incurred. Mr. Pfenning, commenting that the people for whom those expenses are being made are not paying for them, remarked for the past 4-5 years he has been getting a discount on his City services. Referring to the last Finance Committee meeting, Mr. Pfenning thought the Chair should have interrupted the speaker during his comments to the Committee due to the speaker’s behavior that was in contravention to the rules, and should have asked the Police Officer to escort the speaker when he persisted.

Zoning Hearing Board Issues

Al Bernotas, 1004 Johnston Drive, informed the assembly that the Zoning Hearing Board will meet on November 29 to continue the case of the Elias Farmers Market appeal. Mr. Bernotas inquired about the status of the situation of having three votes required by the Zoning Hearing Board. President Donchez explained the intent of the recent amendment that changed the number of Zoning Hearing Board members from three to five was that it would be effective January 1, 2011. Ms. Dolan, noting that Mr. Bernotas is referring to a stipulation requiring a vote of three, commented that perhaps an amendment could be drafted to be read as a Communication at the next Council Meeting. Mr. Bernotas, stating that a stipulation requiring a vote of three has been included in the new proposed Zoning Ordinance, expressed it would be nice if it could go into effect as soon as possible. Mr. Bernotas, referring to the Municipalities Planning Code Section 906, asked about alternate members continuing to serve on the Zoning Hearing Board in proceedings in which they participated when initially appointed until a final determination has been made. Mr. Bernotas, pointing out that one of the alternates was appointed August 26, 2009 since one of the regular members was not at the Zoning Hearing Board meeting, said those three members should hear the case all the way through. Attorney Spadoni stated he thought that will be addressed by the Zoning Hearing Board. Mr. Bernotas expressed his hope that Attorney Thompson will follow the Zoning Hearing Board Chairman’s lead in listening to people at the meetings.

Various Issues

Dana Grubb, 2420 Henderson Place, questioned why is the City in the current financial condition and faced with a potential $20 million lease-back if the Continuous Improvement Program has saved approximately $10 million as has been stated. Mr. Grubb expressed his concern that included in the $20 million borrowing is the $6 million just borrowed for the Non-Utility Capital Projects, and said he is outraged that everyone who attended those meetings was lied to about the purpose of borrowing $6 million. Mr. Grubb, referring to the minutes, read the comments of Mr. DiGiacinto, Mr. Reynolds, Ms. Dolan, and of the Mayor at the August 17 City Council Meeting at which he had urged Council to ensure there would be a guarantee that the Administration would not spend the loan proceeds on anything other than the approved projects. Mr. Grubb, stressing that more than the original interest rate will be paid on the $6 million initially borrowed since the amount is being borrowed again, highlighted the fact that the payments will be spread out over 23 years and pushed off to future Mayoral Administrations. Mr. Grubb stated that in reviewing the financing proposal Council needs to pull the reins in on what is going on in the community. Mr. Grubb emphasized that taxpayers deserve open and honest government and to know why money is being borrowed.

Zoning Hearing Board; Certificate of Appropriateness – 133 Wall Street

Bill Scheirer, 1890 Eaton Avenue, noting Council will be approving the new Zoning Ordinance, said he would find it inconsistent that Council would not consider itself with Zoning variances. Mr. Scheirer related that Council’s Solicitor asked pertinent and probing questions during the Zoning Hearing Board meeting regarding the Elias case.

Mr. Scheirer pointed out that City Council voted on Resolution 11 E, Certificate of Appropriateness – 133 Wall Street, but the recommendation of the HARB was to table the application. Attorney Spadoni acknowledged Mr. Scheirer’s correction and advised the matter will be brought back before Council to rescind the vote. Note: See Resolution 11 E – page 8.

City Finances

Mary Pongracz, 321 W. Fourth Street, expressed she is appalled at some of the statements made this evening, and the lack of respect shown for the Mayor. Observing it is easy to be critical of the Administration, Ms. Pongracz questioned why people do not do something to make the situation better. Ms. Pongracz pointed out that the City has a lot of good things going for it. Ms. Pongracz communicated the fact that the City does not have a lot of money is not the fault of a person or the City but a problem within the financial community and businesses that lent money to people who could not afford it. Ms. Pongracz stressed that she would not want services to be cut and have to do without public safety or clean water, for example.

Proposed 2011 Budget

Greg Kaintz, 341 W. Lehigh Street, recalling that in the past Members of Council used to visit the various Departments to view operations, said Jean Belinski was the only Member of Council to go to his Department. Mr. Kaintz questioned whether Council knows the people who are being laid off and from which Departments. Mr. Kaintz suggested that the Members of Council should do a little more investigating, and stressed they should look into how many higher paying jobs are being eliminated if they are really serious about saving money.

Landfill; City Employees

Andrew Prickler, 1843 Willow Park Road, referring to his comments earlier in the Meeting, asked President Donchez to find out for him for the record who made the final decision to pay the bonds back prematurely as it relates to the landfill sale. Mr. Prickler commented that he has to ask the people who are losing their jobs if they are having a Thanksgiving dinner.

Mayor Schaffer; Length of Speaking

Stephen Antalics, 737 Ridge Street, stated that Mayor Schaffer introduced the first master plan for redevelopment of the City in 1954. Mr. Antalics commented that the citizen evaluations of Members of Council are becoming popular, and remarked on the length of time that Council Members speak.

The meeting was adjourned at 8:30 p.m.