BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, October 4, 2011 – 7:00 PM

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

President Robert J. Donchez called the meeting to order. Reverend Don Garrett, of Unitarian Universalist Church of the Lehigh Valley, 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 September 20, 2011 were approved.

5. COURTESY OF THE FLOOR

None.

6. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

7. COMMUNICATIONS

A. Business Administrator –Earned Income Tax Ordinance and Resolution

The Acting Clerk read a memorandum dated September 20, 2011 from Dennis W. Reichard, Business Administrator, to which was attached an earned income tax ordinance and resolution that are required to establish conformity with the Local Tax Enabling Act and to appoint and designate a liaison between the City, Northampton Tax Collection Committee (NTCC), and Keystone Collections Group. The ordinance and resolution are being passed by all municipalities and school districts located within Northampton County.

President Donchez stated that the Ordinance and Resolution can be placed on the October 18 Agenda.

B. Housing and Community Development Planner – Proposed 2012 CDBG and HOME Programs

The Acting Clerk read a letter dated September 28, 2011 from Irene Woodward, Housing and Community Development Planner, attached to which was the proposed 2012 Action Plan that included funding under the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs.

President Donchez noted that the matter was discussed at the preceding Community Development Committee Meeting and a Public Hearing will take place at the October 18 Council Meeting.

C. City Solicitor – Highway Safety Project Grant – Contract No. IDP-2012-Bethlehem City-00002

The Acting Clerk read a memorandum dated September 28, 2011 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed resolution and a copy of Highway Safety Project Grant Contract No. IDP-2012-Bethlehem City-00002 that will provide funds through September 30, 2012 for DUI program sobriety checkpoints and expanded DUI enforcement operations.

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

8. REPORTS

A. President of Council

1. Councilmanic Appointment – Patrick Herrity – Recreation Commission

President Donchez reappointed Patrick Herrity to membership on the Recreation Commission effective until December 2016. Mr. Mowrer and Mrs. Belinski sponsored Resolution 2011-164 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.

2. Councilmanic Appointment – John M. Morganelli, Jr. – Recreation Commission

President Donchez appointed John M. Morganelli, Jr. to membership on the Recreation Commission to fill the unexpired term of Terry Novatnack who resigned, effective until January 2014. Mr. Mowrer and Mrs. Belinski sponsored Resolution 2011-165 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.

3. Councilmanic Appointment – April Herrity – Library Board

President Donchez reappointed April Herrity to membership on the Library Board effective until January 2015. Mrs. Belinski and Mr. DiGiacinto sponsored Resolution 2011-166 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.

4. Councilmanic Appointment – Emil Signes – Library Board

President Donchez reappointed Emil Signes to membership on the Library Board effective until January 2015. Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-167 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.

5. Councilmanic Appointment – William K. Scheirer – Library Board

President Donchez appointed William K. Scheirer to membership on the Library Board to fill the unexpired term of Allison Perrucci who resigned, effective until January 2013. Mrs. Belinski and Mr. DiGiacinto sponsored Resolution 2011-168 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.

6. Councilmanic Appointment – Johanna Blake – Environmental Advisory Board

President Donchez reappointed Johanna Blake to membership on the Environmental Advisory Board effective until January 2015. Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-169 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.

7. Councilmanic Appointment – Anne P. Felker – Environmental Advisory Board

President Donchez reappointed Anne P. Felker to membership on the Environmental Advisory Board effective until January 2015. Mrs. Belinski and Mr. DiGiacinto sponsored Resolution 2011-170 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.

Special Council Committee – Rules of Council

President Donchez stated that he has asked Ms. Dolan to Chair the Special Council Committee again with Mr. Evans and Mr. Mowrer to review the Rules of Council and report back in December.

B. Mayor

None.

C. Finance Committee

Chairman Reynolds presented an oral report of the Finance Committee meeting that was held on Monday, September 26, 2011 at 7:00 PM in Town Hall on the following subjects: Transfer of Funds – Streets – Temporary Help; Amending General Fund Budget - Grants and Gifts – City Health and Liquor Control Board Grant – Police Overtime; Amending Non-Utility Capital Budget - DCNR Grant – Clearview Pool Repairs, Escrow – TD Bank and Richard Avenue, and Escrow – Turnberry Mews; Transfer of Funds – Fire – Overtime; and 2010 Draft Audit.

D. Community Development Committee

Chairwoman Dolan presented an oral report of the Community Development Committee meeting that was held this evening at 6:00 PM prior to the Council Meeting on the subject of the Proposed 2012 CDBG and HOME Programs.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 22 – 2011 – Amending General Fund Budget – Health Grants and PA Liquor Control
Board Grant – Police Overtime

The Acting Clerk read Bill No. 22 – 2011 - Amending General Fund Budget – Health Grants and PA Liquor Control Board Grant – Police Overtime, 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
THE GENERAL FUND BUDGET FOR 2011.

Mr. DiGiacinto noted that there had been a question as to whether or not the grants came through or not. President Donchez asked Dennis Reichard, Business Administrator, to respond before Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 22 – 2011 was declared adopted on First Reading.

B. Bill No. 23 – 2011 Amending Non-Utility Capital Budget – Clearview Pool; Richard Avenue; Turnberry Mews

The Acting Clerk read Bill No. 23 – 2011 – Amending Non-Utility Capital Budget – Clearview Pool; Richard Avenue; Turnberry Mews, 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
2011 CAPITAL BUDGET FOR NON-UTILITIES.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 23 – 2011 was declared adopted on First Reading.

11. RESOLUTIONS

A. Transfer of Funds – Streets – Temporary Help

Mrs. Belinski and Mr. DiGiacinto sponsored Resolution 2011-171 that transferred $1,200 in the General Fund Budget from the Business District Streetscape Account to the Streets – Temporary Help Account to extend temporary/summer help to assist in operations in the downtown business districts.

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

B. Transfer of Funds – Fire – Overtime

Mrs. Belinski and Mr. DiGiacinto sponsored Resolution 2011-172 that transferred $300,000 in the General Fund Budget from the Unforeseen Contingency Account to the Fire – Overtime Account to correct the over budget balance in Fire Overtime.

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

C. Authorizing Highway Safety Project Grant – Contract No. IDP-2012-Bethlehem City-00002

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-173 that authorized the execution of grant documents for Highway Safety Project Grant No. IDP-2012-Bethlehem City-00002.

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 – 917 Prospect Avenue

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-174 that granted a Certificate of Appropriateness to install new roof and gutters and restore the chimney at 917 Prospect Avenue.

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

12. NEW BUSINESS.

None.

13. COURTESY OF THE FLOOR

Monocacy Creek; Police Matter

Eddie Rodriquez, 701 Main Street, commented that he thinks the dam at the Monocacy Creek should be eliminated and suggested it should be built up higher at the retaining wall area or lower the dam so that the water does not override the retaining wall. He said this is a problem and something desperately needs to be done soon to clean out the dam. He questioned whether there are plans for this situation and said he would like to see City officials at the meeting. Mr. Rodriquez, addressing matters with the Police Department and things that have been happening to him, said he does not like the mannerism and behavior of some of the members of the department. On one instance he said he was singled out and given a ticket when no one else was. On another instance he said he was threatened with his life and brought the matter to City Council and nothing was done about it. Mr. Rodriquez requested that the matter be looked into. He said the judge was lied to and was told that Mr. Rodriquez was the one at fault. He said it was on camera and that he brought up this matter before. Again with reference to the Monocacy Creek he asked if funds have been allocated and if FEMA has been contacted.

Pedestrians on Fahy Bridge

Jack Abel, 422 Thomas Street, asked what is being done about the Fahy Bridge and the pedestrians walking in the traffic lane.

Joseph Kelly, Director of Community and Economic Development, responded that it is PennDot’s responsibility to maintain the bridge. The week before Celtic Fest the City found out that the bridge would be closed based upon information from an inspection report that the City has not seen to date. He said the Mayor and Michael Alkhal met with Mike Rebert, PennDot District 5 Representative, and the short term plan includes putting down cement pylons there to create a walking lane on the one side of the bridge to at least allow for pedestrian access. He said unfortunately the fix of the sidewalk would be $4 million, but that the fix would not be in the best interest because the bridge is not in the best condition, and an overall bridge replacement would be about $26 million. Mr. Kelly commented that as everyone knows with the sad state of affairs concerning infrastructure investment in the Commonwealth and in the country, finding $26 million is not going to be the easiest thing. The City will be meeting some time in November with the Secretary of the Department of Transportation to discuss this situation and the City has also reached out to Representative Brennan, Representative Samuelson, and Senator Boscola to engage their help. He said the City will advocate to get the bridge open and recognizes how critical the pedestrian walkway is as well as the bridge itself. Mr. Kelly remarked that the City is as angry and frustrated as every resident who tries to cross the bridge in trying to find a solution to this as quickly as possible.

City Employees – Residency; Single-Family Home with Parking Lot

Stephen Antalics, 737 Ridge Street, commented that he has reviewed the records since 1962 establishing the Ordinance concerning residency for City employees and said he felt they were on target. He said he has also reviewed the minutes of the revocation of that Ordinance in 1988 and at that time he said there was no credible reason to do that and no legal precedent to say that it was illegal. He said he was told by a City employee that the City employee was asked to pick up a superintendent of the City who lives a reasonable distance outside of the City because his City car broke down and this person had to drive a City car to pick up the superintendent. He said this took a person away from his job but also incurred a double expense. Mr. Antalics said that others have said they do not like their fellow employees living a great distance away because sometimes they are not on the job on time or they leave early. Mr. Antalics stated that he thinks a person who has the greatest respect for the City would be a resident and that resident employed by the City would double that respect for the City. Mr. Antalics strongly suggested that Council look into revising the revocation of the Ordinance of 1962 by reversing the Ordinance of 1988.

Mr. Antalics also suggested that City Council look into the property at 416 East Fifth Street and why a single-family home would have to include a parking lot which is not adjacent to the property. He asked why this is being done secretly because this is not a multi-listing and there is no sign in front of the property. He said single-family people do not know about it because if there was a sign they might ask why they would have to buy a parking lot since there is a two-car garage behind the property. Mr. Antalics commented that these are the types of things the City needs to look into because over the years he has heard that South Side preservation is best by having single families. He said he thinks the City is acting in contradiction to what is in the best interest of the City by allowing bad zoning and demolition of single properties.

Taxes; Budget; Community Development

Sue Fang, 3218 Marchant Drive, commented on taxes going up and that the taxpayers trust City officials to represent them and improve their quality of life for safety, clean water, and clean air. She said she would like to see Council make sure that when the budget is passed that all departments balance their budget and have a backup plan. She asked what happens towards the end of the year when there is a deficit, do benefits get cut, are people laid off, or is there an increase in taxes. Ms. Fang said it is not easy for the ordinary citizen, so when the money is spent the City should be careful. With regard to Community Development, Mrs. Fang said she would like to see a tight community and if funds were available to see a small amount going towards encouraging neighbors to get together to make the community stronger.

The meeting was adjourned at 7:30 p.m.