City Council

Council MInutes

March 1, 2011

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, March 1, 2011 – 7:00 PM

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

President Robert J. Donchez called the meeting to order. Pastor Mario Corado, of Templo El Refugio, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, David T. DiGiacinto, Karen Dolan, Eric R. Evans, J. William Reynolds, and Robert J. Donchez, 6. Gordon B. Mowrer was absent, 1.

CITATIONS

Honoring Joseph T. Mari

President Donchez presented a Citation to Joseph T. Mari on the occasion of his retirement after 59 years of service to the City in the Public Works Department.

Honoring William L. Tone

President Donchez presented a Citation to William L. Tone on the occasion of his retirement after 25 years of service to the City in the Water and Sewer Resources Department.

Honoring Jean A. Zweifel

President Donchez presented a Citation to Jean A. Zweifel on the occasion of her retirement after 37 years of service to the City in the Bureau of Human Resources.

The Members of Council applauded the retirees and wished them well in their retirement.

President Donchez stated that the Citations honoring David Keim, John R. Lezoche, Kenneth C. Miller, John C. Ruhf, III, Robert L. Smale, John Springer, and Ted R. Yochum, on the occasion of their retirements will be sent to them since they were not able to attend this evening’s City Council Meeting.

4. APPROVAL OF MINUTES

The Minutes of February 15, 2011 were approved.

Adjudication by Bethlehem City Council pursuant to 53 P.S. §39408 following hearings
conducted by Bethlehem City Council on December 8, 2010, and January 24, 2011 –
Police Officer Michael Lenner

Christopher Spadoni, City Council Solicitor, affirmed that previously there were public hearings for the matter of Police Officer Michael Lenner. Attorney Spadoni confirmed that submissions were made by the City Administration and Attorney Philip Lauer on behalf of Mr. Lenner. Attorney Spadoni advised this matter is now before City Council for a decision.

Ms. Dolan inquired about the language for a motion.

Attorney Spadoni, replying the following language would be acceptable regarding termination, advised he will accept a motion for termination of Officer Michael Lenner as recommended by the Administration.

Ms. Dolan moved for the termination of Officer Michael Lenner as recommended by the Administration. Mr. Reynolds seconded the motion.

Attorney Spadoni stated that, since Mrs. Belinski did not participate in all of the hearings, she would not be able to vote in this matter.

Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Donchez, 5. Not Voting: Mrs. Belinski. The motion passed.

Attorney Spadoni noted there will be a Resolution on the March 15, 2011 Agenda.

5. COURTESY OF THE FLOOR

Bill No. 8 – 2011 – Campaign Finance Reports

Robert Pfenning, 2830 Linden Street, communicated it is proper to have campaign finance reports available on-line for the purpose of public disclosure. Thanking President Donchez and Attorney Spadoni for contacting Northampton County regarding the issue, Mr. Pfenning thought it is appropriate for the County to place on its website the campaign finance reports. Mr. Pfenning, commenting it is a duplication of effort if the City also places the reports on the City’s website, pointed out that a link to the County could be put on the City’s website. Mr. Pfenning, speaking from the perspective of a campaign treasurer, explained it is a duplication of effort to notarize two sets of reports, make two deliveries to the County and to the City. Mr. Pfenning stressed that not having the signatures shown on the campaign finance reports that will appear on-line will not diminish the purpose that is to show the revenue and expenses of the campaign. Mr. Pfenning asserted that having legal signatures on-line is a very dangerous proposition, and highlighted the fact that Lehigh County does not publish signatures on-line. Mr. Pfenning asked City Council to table the Bill until such time as Northampton County fails to do anything, or to amend the Bill to make it null and void if Northampton County puts the reports on-line, or to require the redacting of signatures.

Resolution 11 E – PPL Right of Way; Bills 50 and 51 - Bond Issues

Bill Scheirer, 1890 Eaton Avenue, asked if the PPL activities on Applebutter Road involving a Right of Way will have any impact on the stone house at 1104 Applebutter Road.

Ralph Carp, Director of Parks and Public Property, advised the right of way is for the relocation of several poles and he did not think it will have an impact.

Mr. Scheirer asked what is the cost of the bond insurance, advisors, rating, legal and other issuance costs.

Darryl Peck, of Concord Public Finance, confirmed that the issuance costs have been provided to the Members of Council. Mr. Peck advised that for the combined financing the bond insurance cost was $1.2 million that will reduce the City’s interest expense by more than that number and is cost effective. Mr. Peck continued on to enumerate costs for the combined bond issues.

Bill No. 8 – 2011 – Campaign Finance Reports; Retirees

Dana Grubb, 2420 Henderson Place, seconded Mr. Pfenning’s recommendations including redacting signatures and urged Council to consider redaction of signatures. Mr. Grubb noted that other public documents have been released with redacted information. Mr. Grubb expressed concern about misuse of information on the internet. Mr. Grubb, communicating that the City is losing a great deal of experience through the retirements as noted at the beginning of the Meeting, stressed that the City is much better as a result of their service.

Bill No. 8 – 2011 – Campaign Finance Reports

Thomas Carroll, 248 E. Union Boulevard, noting he is a candidate for City Council, expressed that full disclosure and transparency is a good idea and makes it easier for citizens to see where money is coming from and being used. Mr. Carroll, stressing a signature that is put on-line can be taken and used for identity purposes, suggested an amendment to the Bill to have the Clerk put the information on-line with redacted signatures.

6. OLD BUSINESS.

A. Old Business – Members of Council

None.

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. Parks and Public Property Director – Monocacy Hardball Field – Dugouts

The Clerk read a memorandum dated February 23, 2011 from Ralph E. Carp, Director of Parks and Public Property, requesting consideration of a request from Frank Golden of the North Central Connie Mack Baseball Team to erect dugouts on the newly constructed Monocacy Hardball Field. Bethlehem Vo-Tech has advised they would like to undertake the project as one of their spring projects and the Connie Mack team would purchase all the supplies and materials for construction. There would be no expense to the City other than establishing the construction grade.

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

B. Housing and Community Development Planner – Resolution for Redevelopment Assistance Capital Program – Festival Center at Steel Stacks

The Clerk read a memorandum dated February 23, 2011 from Irene Woodward, Housing and Community Development Planner, to which was attached a proposed Resolution for ArtsQuest to receive Redevelopment Assistance Capital Program (RACP) Funding through the Commonwealth of Pennsylvania in the amount of $2 million toward the redevelopment of the Festival Center. The City must act as the applicant under the program, there will be no financial commitment on the City’s part, but it will be necessary for the City to act as a pass through for the funds. The Resolution authorizes the submission of the application as well as authorizing the preparation of a cooperation agreement between ArtsQuest and the City for the pass through of funds and the assignment of administrative requirements under the RACP to ArtsQuest.

President Donchez stated that the Resolution will be on the March 15 Agenda.

B. Director of Community and Economic Development – Enterprise Zone

The Clerk read a memorandum dated February 22, 2011 from Joseph Kelly, Director of Community and Economic Development, requesting that a Finance Committee Meeting be held as soon as possible to discuss the Enterprise Zone.

President Donchez referred the matter to the Finance Committee.

8. Reports.

A. President of Council

None.

B. Mayor

None.

C. Finance Committee

Chairman Reynolds presented an oral report of the Finance Committee meeting held this evening, March 1 at 6:00 PM in Town Hall prior to the City Council Meeting. The Committee reviewed the final numbers as a result of the bond sale for the following Bills that were read on First Reading at the December 21, 2010 City Council Meeting, and recommended that Council adopt the Ordinances on Final Reading at this evening’s March 1, 2011 City Council Meeting: Refunding GO Bonds and Notes (Bill No. 50 – 2010); and Guaranteed Lease Revenue Bonds (Bill No. 51 – 2010 - Sales/Lease Back Ordinance).


9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 50 – 2010 – Approving Refunding General Obligation Bonds and Notes - $14,665,000

The Clerk read Bill No. 50 – 2010 – Approving Refunding General Obligation Bonds and Notes, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Donchez, 5. Voting NAY: Mr. DiGiacinto, 1. Bill No. 50 - 2010, hereafter to be known as Ordinance 2011-2 was declared adopted.

B. Bill No. 51 – 2010 – Approving Guaranteed Lease Revenue Bonds - $17,805,000

The Clerk read Bill No. 51 – 2010 – Approving Guaranteed Lease Revenue Bonds - $17,805,000, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Donchez, 5. Voting NAY: Mr. DiGiacinto, 1. Bill No. 51 - 2010, hereafter to be known as Ordinance 2011-3 was declared adopted.

C. Bill No. 3 – 2011 – Replacing Article 735 – Emergency Alarm Systems and Fees

The Clerk read Bill No. 3 – 2011 – Replacing Article 735 – Emergency Alarm Systems and Fees, on Final Reading.

Ms. Dolan expressed her concern about a loss of revenue in view of the removal of the annual alarm registration fee and how it will be made up. Ms. Dolan exemplified that a driver’s license has to be renewed each year and is a source of revenue for the State. Ms. Dolan suggested that the Ordinance be amended so that the change is not made and added it is a fee for what is usually a sign that there are assets worth protecting. Ms. Dolan did not think the City should cut itself off from that revenue source. Ms. Dolan communicated that if Council would like to discuss amending the Bill to not make the change so that the annual renewal fee is reinstated she would feel satisfied, and expressed agreement with the other changes.

Mr. DiGiacinto explained that he checked with the Administration and did not find that the money was budgeted, and the associated fees from the annual renewal could not be identified in the Budget line item. Mr. DiGiacinto observed that for the past approximately 20 years that the current Ordinance has been in place he would challenge how much revenue the City has collected. Mr. DiGiacinto further noted that the annual renewal fee was not included with the proposed fee increases presented by the Administration last year that were reviewed in Finance Committee in conjunction with the Proposed 2011 Budget.

Ms. Dolan stated that goes against what Council heard from the Administration at the last Council Meeting so perhaps clarification is needed. Ms. Dolan did not think the Amendment should move forward unless it is known for sure whether the deletion of the fee will create a shortfall.

Mark Sivak, Director of Budget and Finance, confirmed that he and Mr. DiGiacinto did speak about the matter, and it was explained that the fees are part of an overall account that reflects various fees so the fee will not be seen itemized in the Budget. Affirming that Mr. DiGiacinto did ask whether the deletion of the annual renewal fee will produce a shortfall in the Budget, Mr. Sivak explained it is hard to answer because the account is made up of various fees that have been budgeted year to year and is based on the last five years. Mr. Sivak, communicating it is hard to say whether it will create a shortfall, noted it can but it would not be guaranteed to create a shortfall in the Budget.

Mr. DiGiacinto pointed out the intent was to bring a new Ordinance forward, with penalties, and enforce it. Mr. DiGiacinto stated that enforcing the Ordinance and collecting the fees would be a windfall. Mr. DiGiacinto, affirming his agreement with the Alarm registration fee, advised he was not in favor of an annual renewal fee.

Ms. Dolan, expressing she feels strongly that since the City is looking to increase revenue sources and included it in the Budget, said she does not want to take chances. Ms. Dolan stated she will vote no because she does not want to do anything to challenge the sources of revenue.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Mr. Evans, Mr. Reynolds, and Mr. Donchez, 5. Voting NAY: Ms. Dolan, 1. Bill No. 3 - 2011, hereafter to be known as Ordinance 2011-4 was declared adopted.

D. Bill No. 4 – 2011 – Amending General Fund Budget – Compliance Officer Salary and Health Bureau Adjustments

The Clerk read Bill No. 4 – 2011 – Amending General Fund Budget – Compliance Officer Salary and Health Bureau Adjustments, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 4 - 2011, hereafter to be known as Ordinance 2011-5 was declared adopted.

E. Bill No. 5 – 2011 – Amending Non-Utility Capital Budget – Skate Park Grant and Year End Adjustments

The Clerk read Bill No. 5 – 2011 – Amending Non-Utility Capital Budget – Skate Park Grant and Year End Adjustments, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 4 - 2011, hereafter to be known as Ordinance 2011-6 was declared adopted.

F. Bill No. 6 – 2011 – Amending Community Development Budget – Year End Adjustments

The Clerk read Bill No. 6 – 2011 - Amending Community Development Budget – Year End Adjustments, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 6 - 2011, hereafter to be known as Ordinance 2011-7 was declared adopted.

G. Bill No. 7 – 2011 – Amending Article 121 – Bond Issues, General Obligation Notes, and Lines of Credit

The Clerk read Bill No. 7 – 2011 - Amending Article 121 – Bond Issues, General Obligation Notes, and Lines of Credit, on Final Reading.

President Donchez, recalling that at the last Council Meeting there was discussion on the options of Council if the Ordinance were to be violated, asked Attorney Spadoni to comment on his recommendation.

Christopher Spadoni, City Council Solicitor, referring to his memorandum, explained the normal penalty clauses such as a fine or a term of imprisonment in a municipal setting do not get to the intent of Council’s action under the Ordinance. Attorney Spadoni, noting it can be on a case by case basis, affirmed that as he indicated at the last Council Meeting he conferred with District Attorney Morganelli. Attorney Morganelli had sued the then Governor Casey to execute death warrants. Attorney Spadoni reiterated it can be considered on a case by case basis based on the egregiousness of the violation. If it is serious enough, City Council could take action to remove someone from office or have other penalties imposed by a court. Attorney Spadoni commented that, after reviewing the matter with a number of people, it remains his best advice that the Ordinance stay as drafted.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 7 - 2011, hereafter to be known as Ordinance 2011-8 was declared adopted.

H. Bill No. 8 – 2011 – Establishing Article 112 – Campaign Finance Reports

The Clerk read Bill No. 8 – 2011 – Establishing Article 112 – Campaign Finance Reports, on Final Reading.

Ms. Dolan expressed her agreement with Robert Pfenning’s comments. Ms. Dolan suggested that the words file with could be changed to made accessible to, and posted on be changed to made accessible through the City’s website meaning that there is flexibility to provide
a link to Northampton County’s website.

President Donchez suggested that, since there are three amendments, each be voted on separately and Ms. Dolan’s amendment could be incorporated into all three amendments.
Amendment 1

Mr. DiGiacinto and Mrs. Belinski sponsored the following Amendment:

The Title of the Ordinance shall be amended to read as follows:

AN ORDINANCE ADDING NEW ARTICLE 112, CAMPAIGN FINANCE
REPORTS, TO THE CODIFIED ORDINANCES OF THE CITY OF BETHLEHEM, PENNSYLVANIA BY REQUIRING THAT COPIES OF CAMPAIGN FINANCE
REPORTS AND STATEMENT OF FINANCIAL INTERESTS FOR CANDIDATES RUNNING FOR THE OFFICES OF CITY COUNCIL, MAYOR, CITY TREASURER,
AND CITY CONTROLLER BE FILED WITH THE CITY CLERK’S OFFICE BEFORE
OR ON THE DUE DATE SUCH CANDIDATES MUST FILE WITH THE COUNTY
OF NORTHAMPTON AS MANDATED BY STATE LAW, AND THAT SUCH
REPORTS BE POSTED ON THE CITY WEBSITE NO LATER THAN FIVE
WORKING DAYS AFTER THE DUE DATE.

That new Section 112.02 be added to read as follows:

SECTION 112.02 FILING AND POSTING OF STATEMENTS OF FINANCIAL INTERESTS

A copy of the Statement of Financial Interests required to be filed by candidates for the offices of City Council, Mayor, City Treasurer, and City Controller shall be forwarded, with signatures redacted, by the Bethlehem City Clerk to the Information Services Bureau of Bethlehem which shall post such Statements on the Bethlehem City website not later than five (5) days after they are received in the Bethlehem City Clerk’s Office.

That SECTION 2. and SECTION 3. be renumbered accordingly.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Donchez, 6. Amendment 1 passed.

Amendment 2

Mr. DiGiacinto and Mrs. Belinski sponsored the following Amendment:

The Title of the Ordinance shall be amended to read as follows:

AN ORDINANCE ADDING NEW ARTICLE 112, CAMPAIGN FINANCE
REPORTS, TO THE CODIFIED ORDINANCES OF THE CITY OF BETHLEHEM, PENNSYLVANIA BY REQUIRING THAT COPIES OF CAMPAIGN FINANCE
REPORTS, STATEMENT OF FINANCIAL INTERESTS, AND CONTRIBUTIONS
FOR CANDIDATES RUNNING FOR THE OFFICES OF CITY COUNCIL, MAYOR,
CITY TREASURER, AND CITY CONTROLLER BE FILED WITH THE CITY CLERK’S OFFICE BEFORE OR ON THE DUE DATE SUCH CANDIDATES MUST FILE WITH
THE COUNTY OF NORTHAMPTON AS MANDATED BY STATE LAW, AND
THAT SUCH REPORTS BE POSTED ON THE CITY WEBSITE NO LATER THAN
FIVE WORKING DAYS AFTER THE DUE DATE.

That new Section 112.03 be added to read as follows:

SECTION 112.03 FILING AND POSTING OF CONTRIBUTIONS RECEIVED AFTER PRE-ELECTION FILING DATE

A copy of the notification required to be filed with the Counties by candidates for the offices of City Council, Mayor, City Treasurer, and City Controller who receive $500 or more in contributions within a week before the election shall be filed by candidates for the offices of City Council, Mayor, City Treasurer, and City Controller within twenty-four (24) hours with the Bethlehem City Clerk’s Office and shall be forwarded by the Bethlehem City Clerk to the Information Services Bureau of Bethlehem which shall post such notification on the Bethlehem City website not later than five (5) days after they are received in the Bethlehem City Clerk’s Office.

That SECTION 2. and SECTION 3. be renumbered accordingly.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Donchez, 6. Amendment 2 passed.

Amendment 3

Mr. DiGiacinto and Mrs. Belinski sponsored the following Amendment:

The Title of the Ordinance shall be amended to read as follows:

AN ORDINANCE ADDING NEW ARTICLE 112, CAMPAIGN FINANCE
REPORTS, TO THE CODIFIED ORDINANCES OF THE CITY OF
BETHLEHEM, PENNSYLVANIA BY REQUIRING THAT COPIES OF
CAMPAIGN FINANCE REPORTS, STATEMENT OF FINANCIAL
INTERESTS, AND CONTRIBUTIONS FOR CANDIDATES RUNNING
FOR THE OFFICES OF CITY COUNCIL, MAYOR, CITY TREASURER,
AND CITY CONTROLLER BE FILED WITH THE CITY CLERK’S OFFICE
BEFORE OR ON THE DUE DATE SUCH CANDIDATES MUST FILE WITH
THE COUNTY OF NORTHAMPTON AS MANDATED BY STATE LAW,
AND THAT SUCH REPORTS BE POSTED ON THE CITY WEBSITE NO
LATER THAN FIVE WORKING DAYS AFTER THE DUE DATE.

That Section 112.01 which reads as follows:

SECTION 112.01 FILING AND POSTING OF CAMPAIGN FINANCE REPORTS

Candidates for the offices of City Council, Mayor, City Treasurer, and City Controller shall file a copy of their respective Campaign Finance Reports with the Bethlehem City Clerk’s Office on or before the due dates of Campaign Finance Reporting as mandated by the Commonwealth of Pennsylvania, which requires such Campaign Finance Reports to be filed with the County of Northampton. Such candidates shall receive a receipt for filing in the Bethlehem City Clerk’s Office. The Bethlehem City Clerk shall forward the filed Campaign Finance Reports to the Information Services Bureau of Bethlehem which shall post such Reports on the Bethlehem City website not later than five (5) days after the schedule mandated by the Commonwealth of Pennsylvania.

Shall be amended to read as follows:

SECTION 112.01 FILING AND POSTING OF CAMPAIGN FINANCE REPORTS

Candidates for the offices of City Council, Mayor, City Treasurer, and City Controller shall file a copy of their respective Campaign Finance Reports with the Bethlehem City Clerk’s Office on or before the due dates of Campaign Finance Reporting as mandated by the Commonwealth of Pennsylvania, which requires such Campaign Finance Reports to be filed with the County of Northampton. Such candidates shall receive a receipt for filing in the Bethlehem City Clerk’s Office. The Bethlehem City Clerk shall forward the filed Campaign Finance Reports with signatures redacted to the Information Services Bureau of Bethlehem which shall post such Reports on the Bethlehem City website not later than five (5) days after the schedule mandated by the Commonwealth of Pennsylvania.

That SECTION 2. and SECTION 3. be renumbered accordingly.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Donchez, 6. Amendment 3 passed.

Amendment 4

Ms. Dolan moved that language be changed consistently throughout all three Amendments and the Ordinance so that references to the words be filed with be changed to forwarded, and references to posted on the City website be changed to be made accessible on the City website. Ms. Dolan pointed out this would give flexibility and avoid the need for someone to drive to both the County and the City offices.

President Donchez, noting that Attorney Spadoni is also the Solicitor to the Northampton County Election Bureau, inquired if the wording is acceptable. Attorney Spadoni, affirming that he reviewed the revisions with Ms. Dolan, advised the amendments are appropriate and address the concerns that have been expressed.

Mr. DiGiacinto seconded the motion.

Mr. Evans asked if the changes that Ms. Dolan has presented will allow reports to be forwarded electronically.

Ms. Dolan, indicating in the affirmative, confirmed the reports could be forwarded electronically, by fax, by mail, or scanned. Ms. Dolan, noting the reports will be on file with the County, pointed out that someone can go to the City’s website and the reports will be on the City’s website or there will be a link to Northampton County’s website at such time when the County puts them online.

Mr. Evans expressed his support for the amendment, and communicated it will make filing easier, avoid having to use gasoline to drive to two locations, and having to make more copies.

President Donchez highlighted the fact that the reports are posted on the City of Allentown’s website, and Upper or Lower Macungie Township is also in process of passing such an Ordinance. President Donchez communicated some municipalities feel that, in the interest of transparency, people are more likely to go to their community rather than County website. President Donchez confirmed the most important thing is that the information that the County has the City will have on its website and the public will have access to it.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Donchez, 6. Amendment 4 passed.

Voting AYE on Bill No. 8 – 2011, as Amended: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 8 – 2011, hereafter to be known as Ordinance No. 2011-9, was declared adopted.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Designating Fair Housing Officer

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution 2011-30 that designated Jennifer Swett as the Fair Housing Officer for the City.

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

B. Authorizing Use Permit Agreement – American Association of University Women, Bethlehem Branch – 2011 Book Fair

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution 2011-31 that authorized the execution of a Use Permit Agreement for Public Property between the City and the American Association of University Women, Bethlehem Branch, for use of the Memorial Pool Building for the time period March 21, 2011 to May 2, 2011 for the 2011 Book Fair, according to the Agreement.

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

C. Authorizing Use Permit Agreement – Star of Bethlehem Festival – Riverside Wine Festival

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-32 that authorized the execution of a Use Permit Agreement for Public Property between the City and the Star of Bethlehem Festival, Inc., for use of various City properties for the Riverside Wine Festival for the time period May 19, 2011 to May 23, 2011, according to the Agreement.

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

D. Authorizing Use Permit Agreement – Celtic Cultural Alliance – St. Patrick’s Day Concert

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-33 that authorized the execution of a Use Permit Agreement for Public Property between the City and the Celtic Cultural Alliance, for use of various City properties for the St. Patrick’s Day Concert for the time period March 10, 2011 to March 14, 2011, according to the Agreement.

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

E. Authorizing Right of Way – PPL – Applebutter Road

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution 2011-34 that authorized the execution of a Right of Way Agreement with PPL Electric Utilities Corporation for the purpose of granting permission to construct, reconstruct, operate and maintain its electric and communication lines consisting of facilities as shown on the plan consisting of one anchor guy including wires, cables, fixtures and apparatus upon, across, over, under and along certain property of the City of Bethlehem known as Applebutter Road, according to the Agreement.

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

Motion – Considering Resolutions 11 F through 11 K as a Group

Mrs. Belinski and Mr. Evans moved to consider Resolutions 11 F through 11 K as a group. Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Donchez, 6. The motion passed.

F. Certificate of Appropriateness – 565 Main Street

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-35 that granted a Certificate of Appropriateness to install two die cut vinyl window signs at 565 Main Street.

G. Certificate of Appropriateness – 519 Main Street

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-36 that granted a Certificate of Appropriateness to relocate a previously approved sign from 458 Main Street to 519 Main Street.

H. Certificate of Appropriateness – 15 East Wall Street

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-37 that granted a Certificate of Appropriateness to remove an existing porch and construct a library and bathroom addition at 15 East Wall Street.

I. Certificate of Appropriateness – 458 Main Street

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-38 that granted a Certificate of Appropriateness to install acrylic individual letters on the sign panel at 458 Main Street.

J. Certificate of Appropriateness – 553 Main Street

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-39 that granted a Certificate of Appropriateness to replace the colored graphics with “frosted” vinyl graphics except for the left door and awning sign at 553 Main Street.

K. Certificate of Appropriateness – 91 West Broad Street

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-40 that granted a Certificate of Appropriateness to display an “A” frame sandwich board sign at 91 West Broad Street.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Donchez, 6. The Resolutions passed.

12. NEW BUSINESS.

Committee Announcements

Chairman Reynolds announced a Finance Committee meeting, jointly with the Public Works Committee, on Monday, March 14, 2011 at 7:00 PM in Town Hall on the following: Budget Adjustments, Water Service to East Allen Township, and Enterprise Zone Program.

In Chairman Mowrer’s absence, Committee Member DiGiacinto announced the following: the Human Resources and Environment Committee meeting scheduled for Monday, March 21, 2011 at 7:00 PM in Town Hall on the Proposed Human Relations Commission has been cancelled.

13. COURTESY OF THE FLOOR

Various Issues

Robert Pfenning, 2830 Linden Street, thanked the Members of Council for supporting his concerns in adopting Ordinance 2011-9, Establishing Article 112 – Campaign Finance Reports. Mr. Pfenning recalled that at a previous City Council Meeting he raised five concerns to which Attorney Spadoni provided responses. Mr. Pfenning commented that he will probably contact Joseph Kelly, Director of Community and Economic Development regarding BEDCO. Turning to the issue of mercantile taxes, Mr. Pfenning noted that Attorney Spadoni felt the Ordinance is sufficient to cover activities including the new events that will take place at SteelStacks. Mr. Pfenning asked that City Council request a review of the current status of mercantile tax collections, and issuance of licenses to determine if the proper revenues are being generated. Mr. Pfenning, referring to the TIF and the $6,650,000 for development of the Air Products Town Square at SteelStacks located at the BethWorks site on the South Side, asked how much was paid for naming rights and if not why is a corporate name being attached to a taxpayer funded development.

Dean Bruch – Moment of Silence

President Donchez recognized the passing of Dean Bruch who had attended many City Council Meetings over many years, and noted Mr. Bruch was always a gentleman, and very respectful of the institution. President Donchez, in response to Ms. Dolan, asked for a moment of silence.

Cell Phones

Bill Scheirer, 1890 Eaton Avenue, explained that during the time when he was shoveling snow following a recent storm, he looked up at the drivers and many were talking on their cell phones while they were driving. Mr. Scheirer proposed that the license number be taken and put in a data base, a warning be issued for the first occurrence, a $10 fine be issued for the second offense, and fines be doubled for the third and subsequent offenses. Mr. Scheirer commented this will show that the City is serious about the Ordinance that prohibits talking on cell phones while driving.

Various Issues

Eddie Rodriquez, 1845 Linden Street, noting there are Ordinances concerning dark windshields on vehicles, remarked that people in some of these vehicles are coming from out of town with drugs. Stressing there is an accumulation of furniture on sidewalks and porches, and leftover garbage not being properly disposed of, Mr. Rodriquez stated there is an example at 504 Dakotah Street. He highlighted the fact garbage is not allowed to be in plastic bags that allows animals access to the garbage inside. Mr. Rodriquez stated there are loud mufflers and loud music throughout the City, in addition to abandoned and unregistered vehicles, and advised there is tow truck at 504 Dakotah Street. Mr. Rodriquez exclaimed the City is plagued by drugs, and people should call the Police but some are afraid to do so because of retaliation.

Dean Bruch

Tom Carroll, 248 E. Union Boulevard, advised that Mrs. Bruch had asked him to make sure everyone knew about her husband’s passing, and that she could not even describe the love of the City that he had. Mr. Carroll thanked Council for their acknowledgment of Dean Bruch.

Various Issues

Chuck Nyul, 1966 Pinehurst Road, referring to a lawsuit of $800,000 won by a father and son involving an altercation at Musikfest, asked if that is correct. John F. Spirk, Jr., Esq., City Solicitor, expressed the belief that the incident occurred in the year 2000. Mr. Nyul asked why the City is involved in such situations and has to come up with the money. Mr. Nyul inquired whether insurance will be required when Musikfest and other festivals are held on the South Side, and further observed that Police and Firefighters will be sent to the site. Mr. Nyul, referring to a newspaper article about the number of non-profit organizations on the South Side, stressed until the City’s bonds are paid for the money from the Casino will go to pay the bonds. He felt that City officials are not taking care of the City’s finances.

Various Issues

Mary Pongracz, 321 W. Fourth Street, said she resents the remarks about the South Side in view of the fact that there are non-profits throughout the City. Ms. Pongracz communicated she has no problem with duplication of services if candidates’ financial related reports are on both the County’s and the City’s websites or with having her signature on the web. She continued on to highlight the fact that a person’s signature always appears on numerous documents. Ms. Pongracz commented on the situation in Wisconsin concerning collective bargaining and benefits, and stressed that collective bargaining rights should not be taken away, and officials should also give up some benefits.

Observations - Appearance

Stephen Antalics, 737 Ridge Street, communicated that people should not demean others based on their appearance.

Bonds; Stock House; Traffic – Third Street

Dana Grubb, 2420 Henderson Place, referring to the approval of the Guaranteed Lease Revenue Bonds, remarked that Council has taken on $18 million of debt in the taxpayers name. He stressed that it is important to remember why it was done and it is incumbent on this and future Councils to ensure it never happens again. Recalling there was a public hearing in May 2010 on the concept of the visitors center at the Stock House on the South Side, Mr. Grubb said he heard rumors there will be a lot of restrooms and office space and limited visitor center amenities. Enumerating the names of many organizations that are interested in how the process is evolving, Mr. Grubb did not think any of those organizations have been consulted about space at or the internal design of the visitors center facility. Noting that a tour of the facility has been scheduled for Council this month, Mr. Grubb remarked it may be too little too late, and added it was a travesty that the public has not been kept in the loop regarding this building. Mr. Grubb pointed out that merchants on the South Side had a poor holiday season, and they continue to struggle as a result of customers not driving to their stores because of the traffic problems caused by the construction near the Hill to Hill Bridge. Mr. Grubb suggested that the City needs to push PennDot and the contractors to finish the job as quickly as possible. In the interim, Mr. Grubb said St. Luke’s Hospital is financing overtime necessary to have Police Traffic Officers stationed in the area of Third and Wyandotte Streets. Mr. Grubb, relating that recently a truck driver was in traffic for over a half an hour on Third Street, said traffic control is also needed in other locations. Mr. Grubb pointed out that citing people for violations involving pedestrian crosswalks and speed limits on Third Street could bring revenue to be used towards covering overtime to finish the roadway construction project. Mr. Grubb did not think the City is doing enough to make sure the businesses can bounce back and thrive.

The meeting was adjourned at 8:40 p.m.