Council Minutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, August 16, 2011 – 7:00 PM

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

Acting President of Council David T. DiGiacinto called the meeting to order. Pastor Edward A. Thompson, of Second Baptist Church, offered the invocation which was followed by the pledge to the flag. A moment of silence was held for Borough of Freemansburg Police Officer Robert A. Lasso, slain in the line of duty. Present were Jean Belinski, Karen Dolan, Eric R. Evans, Gordon B. Mowrer, J. William Reynolds, and David T. DiGiacinto, 6. Robert J. Donchez, President of Council, was absent.

CITATION

Acting President DiGiacinto read a Citation in memory of Police Officer Robert A. Lasso.

PUBLIC HEARING

CDBG, CDBG-R, Homelessness Prevention and Rapid Rehousing, and HOME Investment
Partnership Programs – Final Allocations

Irene Woodward, Housing and Community Development Planner, noted the changes to the Community Development Budget are related to the reduction in the Federal funding of the CDBG allocation received, it was an approximate 16.8% reduction in CDBG and the HOME program was reduced 11.4%. The changes to the budget presented to the Finance Committee prior to this evening’s meeting include reprogramming of older funds to make up those budget differences and reducing the public service cap which is a 15% cap. Ms. Woodward explained some of those will have to be reduced to fall within that range. She said in addition adjustments were made to the HOME Program across the board to all of those activities. She added that under the Housing Development Corporation the original proposal was to do the Our Lady of Pompeii building but now they are looking at the St. Stanislaus building for affordable housing. Ms. Woodward also noted the changes to the CDBG Recovery Act Fund, including moving funds from the Street Lights to the Greenway and adjustments to the Homelessness Prevention and Rapid Rehousing Program.

Acting President DiGiacinto noted that this matter was reviewed in the Finance Committee Meeting held prior to the City Council Meeting this evening. He stated that Ordinance 10 A is listed on the Agenda for First Reading.

The Public Hearing was adjourned at 7:10 P.M.

4. APPROVAL OF MINUTES

The Minutes of August 2, 2011 were approved.

5. COURTESY OF THE FLOOR

Acting President DiGiacinto stated that Administrative Order 8B2 appointing Arianne Christiana Miller to the Fine Arts Commission has been withdrawn.

6. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

7. COMMUNICATIONS

A. City Solicitor – Police Officer Jeffrey Rogers – Scheduling Public Hearing

The Acting Clerk read a memorandum dated August 10, 2011 from John F. Spirk, Jr., Esq., City Solicitor, that stated in December 2010 Officer Jeffrey Rogers accidentally discharged his firearm into the ceiling of the police locker room within City Hall. Officer Rogers then lied about his involvement in the incident to fellow officers and supervisors, and attempted to cover up his involvement. As a result of this incident, the Commissioner is recommending termination. Pursuant to 53 Pa.C.S. Section 39408, any discipline involving the recommendation of termination must be brought before City Council for notice and a hearing. At the hearing before City Council the employee may be represented by counsel. Attorney Donald Russo is representing Officer Rogers. It was requested that a Public Hearing be scheduled and that a formal and more detailed specification of charges will be forthcoming following the conclusion of investigations by other agencies.

Acting President DiGiacinto stated that a Public Hearing will be scheduled.

B. City Solicitor – Use Permit Agreement for Public Property – Celtic Fest, Inc. – Celtic Classic 2011,
2012 and 2013

The Acting Clerk read a memorandum dated August 10, 2011 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and associated Use Permit Agreement between Celtic Fest, Inc. d/b/a Celtic Cultural Alliance and the City of Bethlehem for use of various City properties and streets for the Celtic Classic 2011, 2012 and 2013.

Acting President DiGiacinto stated that the Resolution will be on the September 6 Agenda.

C. City Solicitor – Use Permit Agreement for Public Property – ArtsQuest – Fall 2011 SteelStacks
Festivals/Events

The Acting Clerk read a memorandum dated August 8, 2011 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and associated Use Permit Agreement between ArtsQuest and the City of Bethlehem for use of First Street from Founders Way East to Eastern Terminus for the Fall 2011 SteelStacks Festivals/Events.

Acting President DiGiacinto stated that the Resolution will be on the September 6 Agenda.

D. City Solicitor – Intergovernmental Cooperation and Purchase and Sale Agreement – East Allen
Township and East Allen Township Municipal Authority – Purchase of East Allen Township Municipal Authority Water System

The Acting Clerk read a revised memorandum dated August 15, 2011 from Christopher C. Cooper, Esq., Assistant City Solicitor, as a follow-up to Mr. Spirk’s memorandum dated August 12, 2011 that an ordinance is required for the referenced Intergovernmental Cooperation Agreement and that the resolution previously forwarded be disregarded. The proposed Ordinance was attached.

Acting President DiGiacinto stated that the Ordinance will be on the September 6 Agenda for First Reading.

8. REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Silagh M.C. White, D.M.A. – Fine Arts Commission

Mayor Callahan appointed Silagh M.C. White, D.M.A. to membership on the Fine Arts Commission effective through July 2012. Mr. DiGiacinto and Mrs. Belinski sponsored Resolution No. 2011-141 to confirm the appointment.

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

3. Administrative Order – Clinton B. Walker, Ph.D. – Fine Arts Commission

Mayor Callahan appointed Clinton B. Walker, Ph.D. to membership on the Fine Arts Commission effective through April 2014. Mr. DiGiacinto and Mrs. Belinski sponsored Resolution No. 2011-142 to confirm the appointment.

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

C. Finance Committee

Mr. Reynolds, Chairman of the Finance Committee, gave an oral report of the meeting held this evening at 6:00 PM prior to the Council Meeting. The Committee considered and approved the following: Amending Community Development Budget – CDBG and HOME Programs – Final Allocation; Transfer of Funds – Limited Fixed Term Contracts; and Transfer of Funds – EMS – Temporary Help.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 20 – 2011 – Amending Community Development Budget – CDBG and HOME
Programs – Final Allocation

The Clerk read Bill No. 20 – 2011, Amending Community Development Budget – CDBG and HOME Programs – Final Allocation, sponsored by Mrs. Belinski and Mr. Evans, and titled:

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

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. Bill No. 20 – 2011 was declared adopted on First Reading.

11. RESOLUTIONS

None.

12. NEW BUSINESS.

None.

13. COURTESY OF THE FLOOR

Residency Requirement

Stephen Antalics, 737 Ridge Street, remarked that other states have passed legislation controlling undocumented non-resident aliens. He said it has become a problem and that the City of Bethlehem pre-empted all these states in 1962 by passing an ordinance about non-resident aliens. It said the new legislation required that all people working within the City of Bethlehem must live within the City of Bethlehem and the Ordinance also stated that new employees must move in within six months of the Ordinance and those working and not living in the City at that time must have residency within six months after the Ordinance was passed. Mr. Antalics said the idea being that as non-documented aliens in this country today these aliens should live in the city for two reasons. One reason would be they are deriving privileges by getting a salary. He said he understands there are a number of high level position employees in the City that are non-resident, and asked what their responsibility is to the City since they derive a benefit. Mr. Antalics stated he thinks living in the City would give them a better sense of City pride. He pointed out another reason would be the tax rolls and that they become exempt of Bethlehem’s School District taxes and City real estates taxes and in many cases exempt on County taxes. Mr. Antalics asked if there were any comments on the 1962 ordinance and asked if it is being enforced and should it be enforced. Mr. Antalics noted that before the meeting he distributed a copy of the 1962 Morning Call article regarding the matter.

Acting President DiGiacinto responded that the matter will be looked into.

Police Officer Jeffrey Rogers

Sharon Rogers stated that she is the spouse of Jeffrey Rogers and asked why this is being done to their family and why have their benefits been stopped. She said she has no medical benefits and she is sick. Mrs. Rogers said the benefits have been cut off since the end of June and they have had no payment for eight months. She said her husband has had no due process, the City had agreed to a retirement, and now they want to fire him. Mrs. Rogers said she would like to know why this is being done to her family.

Analytics Report

Al Bernotas, 1004 Johnston Drive, stated that over the last month he has looked at the Analytics report that City Council receives. The first one he received was from June and said he couldn’t tell much from it and had a CPA help him analyze it. After reviewing the report for April and May he said he saw a trend. Mr. Bernotas said he then reviewed the reports for January, February and March which he said he thinks are the same report City Council receives every month. Mr. Bernotas stated that he thinks it would be very informative to the residents of Bethlehem to know what these numbers are every month and if this was discussed publicly and openly and thought the Finance Committee should discuss it. He said he attends those meetings but has not spoken up about it and said he missed speaking up about it at the Finance Committee meeting held earlier. He said he does not mean to do this as a dig towards Council or the Finance Committee. He said he is running for office and is trying to get familiar with what is going on in the City. He said City Council sees these things every month but the residents do not. Mr. Bernotas said the bottom line is that at the end of June he sees that the City is in the hole $7.8 million, and there will be another deficit by the end of this year in the $10 -12 million range. He said he thinks the only way to get out of that is to borrow money or raise taxes. He said it seems to be a well-kept secret now. Mr. Bernotas remarked that he thinks the Finance Committee should at least monitor and audit what is going on in the Administration and openly discuss that every month and let people at the meeting, including the press, talk about what is causing the City to be $7.8 million in the hole at the end of June and will be worse by the end of the year. He said the end of the year will come and all the residents will have a big surprise with another loan and higher interest rates.

Zoning Issue Request

Yong Hao, 3215 Marchant Drive, stated he would like to address his previous request to Council to consideration sponsoring a resolution concerning a zoning issue. He said he is aware of the meetings but wanted to remind Council of his email request of June 2 and the copies of it he provided a few meetings ago with the signatures of several residents. He said he thinks the issues should be addressed by City Council because his previous attempt to try to communicate with the City Planning Office was not satisfactory. He said he was told that the issues have been addressed in the new Zoning Ordinance draft, although Mr. Hao said he went through it page by page and did not find anything to address that issue. He said this is in regard to the special requirement for grocery stores and all similar retail facilities with loading docks for diesel powered vehicles. He stated that it is known that diesel exhaust can cause harm to people and there are regulations for exposure to humans. Mr. Hao said a recent example is Elias Market’s request to build a loading dock that would be only 80’ from their bedroom. He said his concern is once their loading dock is built their truck trailers would park and idle and could cause a lot of health issues not only to him but to the entire neighborhood. He pointed out that is why he keeps writing letters and emails to all the City officials in the Zoning and Planning Office and requests the Members of City Council to address the issue. Mr. Hao asked if there is any update and if there is any interest by a Member of Council to sponsor a resolution.

Acting President DiGiacinto replied that to his knowledge there was no one who has sponsored a resolution with regard to Mr. Hao’s request and that the new Zoning Ordinance will be discussed at the upcoming Committee of the Whole Meeting on August 30, 2011 at 7:00 PM in Town Hall.

Elias Farm Market; Residency Requirement

William Scheirer, 1890 Eaton Avenue, commented he has gone by Elias Farm Market and every time there is a tractor trailer parked next to the building, generally not idling, but there is always one there. He said with regard to the residency requirement that there are two other reasons why it would be good to have employees live in the City. He said they know the City better so they can do their jobs better and they care more about what they are doing because it has an effect on where they live. He remarked that there may be the case for certain positions where someone from outside the City is significantly more qualified than any resident of the City that has applied for a job so there might be an exception from time to time. Mr. Scheirer said he thinks it should be that all employees live in the City unless approved by City Council.

The meeting was adjourned at 7:35 p.m.