Bethlehem Council MInutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Thursday, December 20, 2012 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

Pastor Rick Sergi, Sonrise Christian Fellowship, offered the invocation which was followed by the pledge to the flag.

1. ROLL CALL

President Evans called the meeting to order. Present were Jean Belinski, David T. DiGiacinto, Karen Dolan, Robert J. Donchez, Michael D. Recchiuti, J. William Reynolds, and Eric R. Evans, 7.

Derek J. Detweiler – 2012 High School Senior Essay Scholarship Award

President Evans recognized Derek Detweiler, recipient of the 2012 High School Senior Essay Scholarship Award. Councilwoman Karen Dolan announced that at the Pennsylvania Municipal League (PML) Convention this summer in Pittsburgh she had the honor of accepting, on behalf of Derek Detweiler of Freedom High School, the 2012 High School Senior Essay Scholarship Award, First Place, given by the Pennsylvania League of Municipalities and Verizon Pennsylvania. She commented that the essay was truly excellent.

Executive Session

President Evans announced that, as requested by the Administration, an Executive Session will be held at this time in the Mayor’s Conference Room on a personnel matter. The City Council Meeting was adjourned at 7:05 PM for the Executive Session.

The City Council Meeting was called back to order at 7:27 PM. President Evans reported the Executive Session was held on a personnel matter and no action was taken.

PUBLIC HEARING

Liquor License Transfer Request – Twisted Olive – 51 W. Broad Street

President Evans announced that, prior to the consideration of the regular Agenda items, City Council will conduct a Public Hearing on the request for an Intermunicipal Transfer of Retail Restaurant Liquor License Number R-21204 owned by Tadros Enterprises, Inc., traded as Martin’s Creek Inn, formerly licensed to conduct business at 6618 South Delaware Drive, Martins Creek, Lower Mt. Bethel, Northampton County, Pennsylvania to Twisted Olive, Inc., 51 West Broad Street, Bethlehem, Northampton County, Pennsylvania.

Attorney Paul Harak, with the firm Boyer, Holzinger, Harak and Scomillio, advised that he represents the Twisted Olive. The owners of the restaurant would like to move into 51 West Broad Street, the former Starfish Restaurant site. Mr. Kershner and Mrs. Kershner are the principles of Twisted Olive. Attorney Harak explained that Mr. Kershner has an extensive restaurant background including being the head chef for the Apollo Restaurant for about 6 or 7 years. He was also the head chef at Valencia for a time. Attorney Harak informed the Members this is a property that Mr. Kershner attempted to move into before with a different license, the actual license from the Starfish. Attorney Harak added that they had gotten all the way to closing but the seller could not pay the taxes so they had to seek another license outside of the County, and found this license that was in safekeeping at Martins Creek. Attorney Harak confirmed they are here before Council today asking for approval for the Liquor License Transfer to the 51 West Broad Street location that was previously a restaurant. Mr. Kershner would like to open a restaurant with a menu that has a Mediterranean flair, he believes it is consistent with the neighborhood that it is in, and will not be detrimental to the health, safety or welfare of anyone. Attorney Harak stated he is asking for this approval so they can take the Resolution and their application to Harrisburg.

President Evans asked for questions from the Members of Council and there were none.

Public Comments

President Evans asked for comments from the Public. There were no questions or comments from the Public.

President Evans affirmed that Resolution 9A is on the Agenda for consideration this evening.

The Public Hearing was adjourned at 7:30 PM.

2. APPROVAL OF MINUTES

The Minutes of December 5, 2012 were approved.

3. PUBLIC COMMENT

Single/Contract Hauler Proposal

Donald MacRae, 418 High Street, addressed the issue of the Administration’s proposed single trash hauler and noted he was not aware of the fact that the Mayor had already sent out a call for bids. He related it was stated in the newspaper that Mayor Callahan intends to seek bids for contract trash hauling in Bethlehem. Mr. MacRae believed it is Council’s responsibility to advise the Mayor as to the terms of such a contract. He stated a primary concern is that the present system which is a variable rate system, paying for what you have, is included in a bid. Mr. MacRae added that variable rate is fair to those who have minimal trash and those who focus on recycling rather than putting something in the trash. The variable rate does not require any proposed sections, for example, a special price for seniors, as the present haulers can provide customized service and fees. Mr. MacRae remarked that the cost of bulk pickup either as household trash or from dumping is separated out in any bid. Mr. MacRae said, contrary to the emphasis given by the proposal of the Mayor, the present trend by municipalities is to have variable rate trash systems favoring recycle without any administrative City fee of $40 dollars per household per year. Mr. MacRae stressed that is $100 million yearly tacked on for getting rid of our trash. He noted that, as reported, Council has expressed an interest to do research on municipal trash disposable systems. He communicated that the items to be researched should include the overall trends on municipal trash disposal systems. Mr. MacRae pointed out that trends throughout the United States are an increased percentage of recycle occurring and a net decrease in trash. Mr. MacRae questioned what would be the impact of those trends in formulating a contract and response of any backers. Mr. MacRae remarked it is really necessary to look at everything that is going on in the United States, and added the State of Washington has reported that 50% of all of their municipal waste is going to recycle. Stressing that in many cities people pay for what they throw out, Mr. MacRae highlighted the fact that he basically pays little right now for trash disposal, and there are many people in the same situation.

Stephen Antalics, 737 Ridge Street, focusing on the proposal of a single hauler contracted by the City, contrasted the differences in the States of Maryland and Pennsylvania that has a State Store system for liquor sales. He further highlighted the differences in cars built in a country that has a free enterprise system and one that does not because it was built in a communist State. He noted it had been stated that the City had a study to determine how the citizens felt about the single hauler, and the result was that people wanted it. Mr. Antalics pointed out he heard people come to the podium and say that during Hurricane Sandy they had trouble getting their recyclables collected, but had no trouble getting their trash collected. He pointed out this is because the trash collectors operate on the free enterprise system, and if they do not meet the needs of their customers, the customer can go to another trash collector. However, he stressed that the City’s recycling program is done through a monopoly. Mr. Antalics stated if the City would have a single hauler it would have a monopoly, and the citizens would lose the opportunity for recourse because that hauler made a low bid on the initial bid and could come back later and say they need more revenue. Mr. Antalics highlighted the fact that the citizens have a trash hauling system now that works so why would the City want to fix it.

Bill No. 43 – 2012 – Amending Zoning Ordinance – Articles 1302 and 1319 – Commercial and Recreational Vehicles in Residential Zoning Districts

Beall Fowler, 443 Center Street, stated that he wishes Council the best of luck with the Budget. He added that the Members have wrestled with Article 1304.04 in amending the Zoning Ordinance regarding corner commercial uses. Mr. Fowler encouraged Council to pass Bill as it is stated and just wanted to thank Council in advance.

Single/Contract Hauler Proposal

Nancy Matuczinski, 716 6th Avenue, mentioned that she spoke before about the proposed single trash hauler and wondered why Mayor Callahan is sending out bids for the single trash hauler. Ms. Matuczinski thought that the Mayor and City Council should cut out this nonsense of the single trash hauler that the citizens do not want. She stressed this should be put in as a referendum on the ballot and let the residents of Bethlehem do what they want. Ms. Matuczinski exclaimed the citizens are not under a dictatorship; the people should be able to choose. She stated the City needs to curb spending and adjust the bookkeeping as people have to do in their own homes.

Rob Berger from Berger Sanitation noted that he is a member of the Pennsylvania Independent Waste Hauler Association. Mr. Berger explained when he spoke at the previous Meeting he had the understanding there would be a meeting in February. However, Mr. Berger said since this bid call has gone out he wonders if that timeline could be moved up and a meeting could be held in January.

President Evans advised that a date has not been yet because City Council is working on the Budget. President Evans stated as soon as that is done and completed, people will be notified when a date is set, and it will be publicized and advertised.

Mr. Berger commented he will talk to his legal counsel and inform them of what is going on but wondered who they need to get in touch with. President Evans replied they can call the Administration.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

5. COMMUNICATIONS

A. City Solicitor – Use Permit Agreement for Public Property – St. Luke’s University Health Network – 2013 Boutique at the Rink – Municipal Ice Rink

The Clerk read a memorandum dated December 13, 2012 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and associated Use Permit Agreement between the City of Bethlehem and St. Luke’s University Health Network for use of the Municipal Ice Rink for the time period April 26, 2013 through June 5, 2013 for the 2013 Boutique at the Rink, according to the Agreement.

President Evans stated the Resolution will be listed on the January 2, 2013 Agenda.

B. City Solicitor – Establishing Article 304 – First Responder’s Fee/Amusement Tax

The Clerk read a memorandum dated December 13, 2012 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Ordinance to establish Article 304 entitled First Responder’s Fee/Amusement Tax.

President Evans stated the Ordinance will be listed on the January 2, 2013 Agenda.

C. City Solicitor – Agreement of Sale for Real Estate – Bethlehem Parking Authority – 13 Parcels of
Land

The Clerk read a memorandum dated December 14, 2012 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and associated Agreement of Sale for Real Estate for the sale of thirteen parcels of land to the Bethlehem Parking Authority. It was requested that this matter be placed on this Agenda for review and approval this evening.

President Evans stated that Resolution 9 E is listed on the Agenda.

President Evans asked the Clerk to read additional Communication 5 D into the record.

D. Business Administrator – Escrow Borrowing – First Payroll of 2013

The Clerk read a memorandum dated December 18, 2012 from Dennis W. Reichard, Business Administrator, requesting authorization to borrow up to $1.5 million from Escrow for the first payroll of 2013. The Fourth Quarter gaming revenues anticipated at $4.8 million is deposited into the City account the last week of January. In previous years, the Fourth Quarter gaming revenues were deposited in the City account the first week of January. The borrowing and repayment will occur within the same year.

President Evans stated that under Agenda Item 9 he will accept a motion to add the Resolution for consideration.

6. REPORTS

A. President of Council

None.

B. Mayor

Dedication of Bench on Greenway – Former Council Member Magdalena Szabo

Mayor Callahan announced he had the privilege and opportunity this afternoon with a number of past and present Members of Council to recognize and thank a fellow elected official, former Councilwoman Maggie Szabo, for her support, advocacy and tireless cheerleading on behalf of all of the City, but in particular South Bethlehem. Mayor Callahan informed the assembly that a bench was dedicated to Magdalena Szabo along the Greenway with a nice view of the Blast Furnaces and the Sands Casino. The Mayor remarked that Ms. Szabo’s sister, Louise Valeriano, was there, and it was a very nice moment for the City. Mayor Callahan recognized members of the Local Ironworkers Union for paying for the bench, Louise Valeriano for pushing it forward, and Darlene Heller, Director of Planning and Zoning, for her efforts to make it happen. Mayor Callahan said it was a nice day and he wanted to say for the record it was an opportunity to honor and congratulate Maggie Szabo for her great contributions to the City of Bethlehem.

7. ORDINANCES FOR FINAL READING

A. Bill No. 31 – 2012 – Adopting the 2013 General Fund Budget

The Clerk read Bill No. 31 – 2012 – Adopting the 2013 General Fund Budget, on Final Reading.

Amendment to Bill No. 31 – 2012

Ms. Dolan and Mr. Evans sponsored the following Amendment:

That the following paragraphs in Section 2. that read as follows:

SECTION 2. Appropriations in the sum of [Seventy-Two Million, One Hundred Twenty Thousand ($72,120,000)] Dollars are hereby made from the General Fund as follows:

To the Department of Community and Economic Development:
Personal Services [$3,009,931]
Materials and Supplies [175,005]
Purchase of Services [2,527,243]
Equipment 25,000

TOTAL [$5,737,179]

To the Department of Public Works:
Personal Services $3,337,906
Materials and Supplies 374,430
Purchase of Services [2,237,425]
Equipment 87,840

TOTAL [$6,037,601]

To the Department of Police:
Personal Services $11,976,532
Materials and Supplies [532,820]
Purchase of Services 1,321,344
Equipment 214,334

TOTAL [$14,045,030]

Landfill Transfer [$ 882,856]

Unforeseen Contingencies, Professional Services Expenses [$ 505,410]

TOTAL [$29,388,405]

shall be amended to read as follows:

SECTION 2. Appropriations in the sum of Seventy-One Million, Fifty-Two Thousand, Two Hundred Fifty ($71,052,250) Dollars are hereby made from the General Fund as follows:

To the Department of Community and Economic Development:
Personal Services $2,999,931
Materials and Supplies 169,505
Purchase of Services 2,364,493
Equipment 25,000

TOTAL $5,558,929

To the Department of Public Works:
Personal Services $3,337,906
Materials and Supplies 374,430
Purchase of Services 2,218,425
Equipment 87,840

TOTAL $6,018,601

To the Department of Police:
Personal Services $11,976,532
Materials and Supplies 527,820
Purchase of Services 1,321,344
Equipment 214,334

TOTAL $14,040,030

Landfill Transfer $ 268,856

Unforeseen Contingencies, Professional Services Expenses $ 253,910

TOTAL $28,522,905

Mr. Reynolds stated that he will be supporting the Budget tonight. He said there are things that each Member of Council is not happy about, and there are things that Council has moved on as well as the Administration in the last several weeks. Mr. Reynolds observed that, as people watch the State and Washington, D.C. concerning the fiscal cliff, he thinks it is entirely possible that if everyone stuck to their guns for things they wanted in the Budget the City could enter next week and the new year without a Budget. Mr. Reynolds communicated that he thinks at the same time there have been compromises. Mr. Reynolds said he and a colleague have tried to move the tax rate down to 5.1 percent which was not something that everyone went along with. Some Members had suggested cuts, some went along, and some did not. Mr. Reynolds thanked the Administration and his colleagues on Council, especially President Evans, who he pointed out has, in the past couple weeks, tried to bridge these differences. Mr. Reynolds said when the Administration came forth with the Proposed 2013 Budget a few months ago, it was a situation that was shared pain, a term that was used initially, and he stressed there are challenges ahead. Mr. Reynolds said there is a pension bill, a fiscal cliff with the pension to overcome, going into next year there have been a variety of solutions to keep delivering services and also provide them in a way to be proud of and to call Bethlehem our home. Mr. Reynolds highlighted the fact that it certainly has not been easy, and was his toughest budget in five years, with which he thought most would agree. Mr. Reynolds communicated that the Administration and Council have come together somewhat in agreeing to some compromises that not everyone is happy with. Mr. Reynolds pointed out that no one got everything they wanted, and he thought that is the way it should be. He denoted that the Administration and Council have come together and pushed for some solutions. Mr. Reynolds said there are very real problems, many of which have predated almost all of the present members of Council being in office. Mr. Reynolds, advising he will be supporting the Budget, stated there are difficult decisions to be made, but there is a City to run and it is Council’s job to stand up and tell the residents of Bethlehem if we want to do something differently we need to say what it is.

Mr. Recchiuti stated he would like to second a lot of what Mr. Reynolds has said. Mr. Recchiuti advised he will be supporting the Budget tonight. He agreed that not everyone is happy with everything but everybody put forth some amendments, the Administration and Council Members, and agreed to the Budget that is before the Members tonight. Mr. Recchiuti communicated the City needs to continue to move forward. Acknowledging this was a tough budget, and confirming it was his first Budget review as a Member of Council, Mr. Recchiuti noted that, as everyone has mentioned, it was probably one of the toughest in years. Mr. Recchiuti said he will be supporting it and thought it is the best Budget that can be put forward tonight.

Mr. Donchez, stating he would like to echo what Mr. Reynolds had said, pointed out that President Evans has done an excellent job over the last two weeks trying to get a consensus of the Members of Council and the Administration and he deserves a lot of credit. Mr. Donchez said this is the most difficult Budget he has faced on his tenure on City Council. He said it is not a perfect Budget, both sides compromised, it was not easy, and there are many challenges ahead, with medical and pensions. He expressed that, hopefully revenues will start to go up higher than in the past couple years. Mr. Donchez remarked that the reason he is supporting the Budget is the fact that there are no layoffs in public safety, Police, Fire and EMS were spared, and that is extremely important to him. He denoted it is a very challenging and difficult Budget and 2013 will be a challenging year. Restating said it is not perfect, but everyone compromised, and that is important, Mr. Donchez said he will support the Budget.

Mr. Reynolds added he thinks it needs to be said that many have dealt with public school district budgets, and the pain does not end here. Mr. Reynolds thought one of the things that the Administration deserves credit for is that in August or September when the Five Year Capital Improvement Plan was discussed, it had been noted where the City is going as far as the pension and medical issues are concerned. Mr. Reynolds said decisions made so far in this Budget have been more difficult than what City Council’s job has been in the last seven years, but he thought it is only going to get more difficult. He said that is something that needs to be understood. Mr. Reynolds commented that the Administration needs to get credit for bringing some of those problems forward to Council and for bringing some of the solutions as well. Mr. Reynolds said there certainly was compromise here and pointed out some of the heavy lifting was done early on before Council necessarily started talking about all these things. He observed that the near term as well as the long term decisions need to be made that are going to be unpopular in the short term as far as employees are concerned, and as far as some residents are concerned. He said if one looks at the City five or ten years down the road, those decisions need to be made and also needed is to give credit where credit is due as far as keeping the cost drivers down. Pointing out that is not something this Council has always done, Mr. Reynolds stated it has moved in that direction the last couple of weeks and needs to continue in 2013 and beyond.

Voting AYE on the Amendment: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Voting NAY: Mr. DiGiacinto, 1. The Amendment passed.

Voting AYE on Bill No. 31 – 2012, as Amended: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 31 – 2012, hereafter to be known as Ordinance 2012-31, was declared adopted.

B. Bill No. 32 – 2012 – Adopting the 2013 Water Fund Budget

The Clerk read Bill No. 32 – 2011 – Adopting the 2012 Water Fund Budget, on Final Reading.

Amendment to Bill No. 32 - 2012

Mr. Recchiuti and Ms. Dolan sponsored the following Amendment:

That SECTION 1. which reads as follows:

SECTION 1. Appropriations in the sum of [Twenty One Million, Three Hundred Forty-Five Thousand ($21,345,000)] Dollars are hereby made from the Water Fund as follows:

To the Department of Water/Sewer Resources:
Water Fund:
Personal Services $ 4,054,760
Materials and Supplies 525,066
Purchase of Services [16,765,174]
Equipment 0

TOTAL [$21,345,000]

shall be amended to read as follows:

SECTION 1. Appropriations in the sum of Twenty One Million, Two Hundred Five Thousand ($21,205,000) Dollars are hereby made from the Water Fund as follows:

To the Department of Water/Sewer Resources:
Water Fund:
Personal Services $ 4,054,760
Materials and Supplies 525,066
Purchase of Services 16,625,174
Equipment 0

TOTAL $21,205,000

Voting AYE on the Amendment: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. The Amendment passed.

Voting AYE on Bill No. 32 – 2012, as Amended: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. Bill No. 32 – 2012, hereafter known as Ordinance No. 2012 – 32, was declared adopted.

C. Bill No. 33 – 2012 – Adopting the 2013 Sewer Fund Budget

The Clerk read Bill No. 33 – 2012 – Adopting the 2013 Sewer Fund Budget, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. Bill No. 33 – 2012, hereafter known as Ordinance No. 2012 – 33, was declared adopted.

D. Bill No. 34 – 2012 – Adopting the 2013 Golf Course Enterprise Fund Budget

The Clerk read Bill No. 34 – 2012 – Adopting the 2013 Golf Course Enterprise Fund Budget , on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. Bill No. 34 – 2012, hereafter known as Ordinance No. 2012 – 34, was declared adopted.

E. Bill No. 35 – 2012 – Adopting the 2013 Liquid Fuels Fund Budget

The Clerk read Bill No. 35 – 2012 – Adopting the 2013 Liquid Fuels Fund Budget, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. Bill No. 35 – 2012, hereafter known as Ordinance No. 2012 – 35, was declared adopted.

F. Bill No. 36 – 2012 – Adopting the 2013 Capital Budget for Non-Utilities

The Clerk read Bill No. 36 – 2012 – Adopting the 2013 Capital Budget for Non-Utilities, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 36 – 2012, hereafter known as Ordinance No. 2012 – 36, was declared adopted.

G. Bill No. 37 – 2012 – Adopting the 2013 Capital Budget for Water Utilities

The Clerk read Bill No. 37 – 2012, Adopting the 2013 Capital Budget for Water Utilities, on Final Reading.

Amendment to Bill No. 37 - 2012

Mr. Recchiuti and Ms. Dolan sponsored the following Amendment:

That SECTION 3. which reads as follows:

SECTION 3. The expenditures listed in Section 2 hereof shall be made from the following
sources:

Line of Credit [4,182,423]
Bond Redemption & Improvement [0]
H20 PA Grant – Valves 47,439
Pennvest Loan – East Allen 304,000
H20 PA Grant – 12 MG SW Res. Cover/Liner 1

4,533,863
shall be amended to read as follows

SECTION 3. The expenditures listed in Section 2 hereof shall be made from the following
sources:

Line of Credit 3,182,423
Bond Redemption & Improvement 1,000,000
H20 PA Grant – Valves 47,439
Pennvest Loan – East Allen 304,000
H20 PA Grant – 12 MG SW Res. Cover/Liner 1

4,533,863

Voting AYE on the Amendment: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. The Amendment passed.

Voting AYE on Bill No. 37 – 2012, as Amended: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. Bill No. 37 – 2012, hereafter known as Ordinance No. 2012 – 37, was declared adopted.

H. Bill No. 38 – 2012 – Adopting the 2013 Capital Budget for Sewer Utilities

The Clerk read Bill No. 38 – 2012 – Adopting the 2013 Capital Budget for Sewer Utilities on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. Bill No. 38 – 2012, hereafter known as Ordinance No. 2012 – 38, was declared adopted.

I. Bill No. 39 – 2012 – Adopting the 2013 Community Development Budget

The Clerk read Bill No. 39 – 2012 – Adopting the 2013 Community Development Budget, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. Bill No. 39 – 2012, hereafter known as Ordinance No. 2012 – 39, was declared adopted.

J. Bill No. 40 – 2012 – Adopting the 2013 9-1-1 Fund Budget

The Clerk read Bill No. 40 – 2012 – Adopting the 2013 9-1-1 Fund Budget, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 40 – 2012, hereafter known as Ordinance No. 2012 – 40, was declared adopted.

K. Bill No. 41 – 2012 – Fixing the 2013 Tax Rate for All City Purposes

The Clerk read Bill No. 41 – 2012 – Fixing the 2013 Tax Rate for All City Purposes, on Final Reading.

Amendment to Bill No. 41 – 2012

Ms. Dolan and Mr. Evans sponsored the following Amendment:

That SECTION 1. which reads as follows:

SECTION 1. That a tax be paid and the same is hereby levied on all persons and real property within the said City subject to taxation for City purposes for the fiscal year, as follows:

Tax for the year 2013 for General City purposes, the sum of five and
ninety-nine hundredths (5.99) mills on each dollar of assessed valuation.

Towards completion of the Public Safety Capital Projects, the sum of seventy-five hundreds (.75) mills on each dollar of assessed value. The sum of seventy-five hundreds (.75) mills on each dollar of assessed value shall be placed in a separate, dedicated account entitled, Non-Utility Capital Projects, and shall not be co-mingled with any other monies whatsoever. All disbursements from this account shall be subject to City Council approval prior to disbursement to assure that these funds are utilized towards completion of the Public Safety Capital projects approved by City Council.

For 9-1-1 purposes, the sum of seventy-six hundreds (.76) mills on each dollar of assessed
valuation;

For Recreation purposes, the sum of ninety-six hundredths (.96) mills
on each dollar of assessed valuation;

For Debt purposes, the sum of five and eighty-seven hundreths (5.87) mills on each
dollar of assessed valuation;

For Landfill Debt purposes, the sum of four tenths (.40) mills on
each dollar of assessed valuation;

For Hirko Settlement Debt purposes, the sum of five tenths (.50)
mills on each dollar of assessed valuation;

For Library purposes, the sum of eighty-eight hundredths (.88) mills on
each dollar of assessed valuation;

Northampton County Lehigh County
Mills on Each Mills on Each
Dollar of Dollar of
Purpose Assessed Valuation Assessed Valuation

General 5.99

Public Safety Capital .75

Recreation Levy .96

Debt 5.87

Landfill Debt .40

Hirko Settlement Debt .50

9-1-1 Dedicated Tax .76

Library .88

Total - All Purposes 16.11

shall be amended to read as follows:

SECTION 1. That a tax be paid and the same is hereby levied on all persons and real property within the said City subject to taxation for City purposes for the fiscal year, as follows:

Northampton County

Tax for the year 2013 for General City purposes, the sum of five and
seventy-seven hundredths (5.77) mills on each dollar of assessed valuation.

Towards completion of the Public Safety Capital Projects, the sum of seventy-five hundreds (.75) mills on each dollar of assessed value. The sum of seventy-five hundreds (.75) mills on each dollar of assessed value shall be placed in a separate, dedicated account entitled, Non-Utility Capital Projects, and shall not be co-mingled with any other monies whatsoever. All disbursements from this account shall be subject to City Council approval prior to disbursement to assure that these funds are utilized towards completion of the Public Safety Capital projects approved by City Council.

For 9-1-1 purposes, the sum of seventy-six hundreds (.76) mills on each dollar of assessed
valuation;

For Recreation purposes, the sum of ninety-six hundredths (.96) mills
on each dollar of assessed valuation;

For Debt purposes, the sum of five and eighty-seven hundreths (5.87) mills on each
dollar of assessed valuation;

For Landfill Debt purposes, the sum of four tenths (.40) mills on
each dollar of assessed valuation;

For Hirko Settlement Debt purposes, the sum of five tenths (.50)
mills on each dollar of assessed valuation;

For Library purposes, the sum of eighty-eight hundredths (.88) mills on
each dollar of assessed valuation;

Lehigh County

Tax for the year 2013 for General City purposes, the sum of one and eighty-two hundredths
(1.82) mills on each dollar of assessed valuation.

Towards completion of the Public Safety Capital Projects, the sum of twenty-four hundreds (.24) mills on each dollar of assessed value. The sum of twenty-four hundreds (.24) mills on each dollar of assessed value shall be placed in a separate, dedicated account entitled, Non-Utility Capital Projects, and shall not be co-mingled with any other monies whatsoever. All disbursements from this account shall be subject to City Council approval prior to disbursement to assure that these funds are utilized towards completion of the Public Safety Capital projects approved by City Council.

For 9-1-1 purposes, the sum of twenty-four hundreds (.24) mills on each dollar of assessed
valuation;

For Recreation purposes, the sum of three-tenths (.30) mills on each dollar of assessed
valuation;

For Debt purposes, the sum of one and eighty-five hundreths (1.85) mills on each dollar of
assessed valuation;

For Landfill Debt purposes, the sum of thirteen hundredths (.13) mills on
each dollar of assessed valuation;

For Hirko Settlement Debt purposes, the sum of sixteen hundredths (.16)
mills on each dollar of assessed valuation;

For Library purposes, the sum of twenty-eight hundredths (.28) mills on
each dollar of assessed valuation;

Northampton County Lehigh County
Mills on Each Mills on Each
Dollar of Dollar of
Purpose Assessed Valuation Assessed Valuation

General 5.77 1.82

Public Safety Capital Projects .75 .24

Recreation Levy .96 .30

Debt 5.87 1.85

Landfill Debt .40 .13

Hirko Settlement Debt .50 .16

Library .88 .28

9-1-1 Dedicated Tax .76 .24

Total - All Purposes 15.89 5.02

Voting AYE on the Amendment: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Voting NAY: Mr. DiGiacinto, 1. The Amendment passed.

Voting AYE on Bill No. 41 – 2012, as Amended: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 41 – 2012, hereafter known as Ordinance No. 2012 – 41, was declared adopted.

L. Bill No. 42 - 2012 – Amending Article 1703 – Electrical Licenses

The Clerk read Bill No. 42 – 2012 – Amending Article 1703 – Electrical Licenses on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. Bill No. 42 – 2012, hereafter to be known as Ordinance No. 2012 – 42, was declared adopted.

M. Bill No. 43 – 2012 – Amending Zoning Ordinance – Articles 1302 and 1319 – Commercial and Recreational Vehicles in Residential Zoning Districts

The Clerk read Bill No. 43 – 2012 - Amending Zoning Ordinance – Articles 1302 and 1319 –Commercial and Recreational Vehicles in Residential Zoning Districts, on Final Reading.

Voting AYE: Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Voting NAY: Mr. Recchiuti, 1. Bill No. 43 – 2012, hereafter to be known as Ordinance No. 2012 – 43, was declared adopted.

N. Bill No. 44 – 2012 – Amending Zoning Ordinance – Article 1304.04 – Reuse of Corner Commercial
Uses Allowed in RT and RG Districts

The Clerk read Bill No. 44 – 2012 – Amending Zoning Ordinance – Article 1304.04 – Reuse of Corner Commercial Uses Allowed in RT and RG Districts, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. Bill No. 44 – 2012, hereafter to be known as Ordinance No. 2012 – 44, was declared adopted.

O. Bill No. 45 – 2012 – Amending Zoning Ordinance – Establishing New Article 1317 – Flood Plain
Ordinance

The Clerk read Bill No. 45 – 2012 - Amending Zoning Ordinance – Establishing New Article 1317 – Flood Plain Ordinance, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. Bill No. 45 – 2012, hereafter to be known as Ordinance No. 2012 – 45, was declared adopted.

Ms. Dolan asked for clarification on the Amendment to Bill No. 41 – 2012 for the Lehigh County Mills Total – All Purposes of 5.02. President Evans confirmed the amount of 5.02 mills is correct.

8. NEW ORDINANCES

None.

9. RESOLUTIONS.

A. Approving Intermunicipal Liquor License Transfer – Twisted Olive, Inc. – 51 West Broad Street

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution No. 2012-204 that approved Intermunicipal Transfer of Retail Restaurant Liquor License Number R-21204 owned by Tadros Enterprises, Inc., traded as Martin’s Creek Inn, formerly licensed to conduct business at 6618 South Delaware Drive, Martins Creek, Lower Mt. Bethel, Northampton County, Pennsylvania to Twisted Olive, Inc., 51 West Broad Street, Bethlehem, Northampton County, Pennsylvania.

Councilman Recchiuti said he wished the proprietors of Twisted Olive good luck in their venture. He commented that it is a good reuse of an established restaurant.

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

Motion – Considering Resolutions 9 B through 9 D as a Group

Mrs. Belinski and Ms. Dolan moved to consider Resolutions 9 B through 9 D as a group.

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

B. Certificate of Appropriateness – 44 East Wall Street

Mr. Donchez and Mr. Recchiuti sponsored Resolution No. 2012-205 that granted a Certificate of Appropriateness to replace the brick sidewalk at 44 East Wall Street.

C. Certificate of Appropriateness – 46 East Wall Street

Mr. Donchez and Mr. Recchiuti sponsored Resolution No. 2012-206 that granted a Certificate of Appropriateness to replace the brick sidewalk at 46 East Wall Street.

D. Certificate of Appropriateness – 58 East Wall Street

Mr. Donchez and Mr. Recchiuti sponsored Resolution No. 2012-207 that granted a Certificate of Appropriateness to install radon mitigation on the exterior of the building at 58 East Wall Street.

Voting AYE on Resolutions 9 B through 9 D: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. The Resolutions passed.

E. Approving Agreement of Sale for Real Estate – 13 Parcels of Land to Bethlehem Parking Authority

Mrs. Belinski and Mr. Recchiuti sponsored Resolution No. 2012-208 that authorized the execution of the Agreement of Sale for Real Estate with the Bethlehem Parking Authority for the purpose of selling thirteen parcels of land, for the sale price of $1,200,000, according to the Agreement.

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

Adding Resolution 9 F

Mr. Donchez and Ms. Dolan moved to add Resolution 9 F to the Agenda. Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. The motion passed.

F. Transfer of Funds – Escrow – First Payroll

Mr. Recchiuti and Ms. Dolan sponsored Resolution 2012-209 that authorized the City Administration to borrow up to $1,500,000 from the Escrow Fund to be transferred to the General Fund to be used for the first payroll of 2013, and that notification by the City Administration be given to City Council of the amount borrowed and the date of repayment.

Mr. Recchiuti thanked the Administration for bringing the matter forward early this year. Mr. Recchiuti said he understands that sometimes it is not known if the money will be there and that other municipalities do things like tax anticipation notes. He pointed out that just because the Budget is passed does not mean the bank accounts are filled. Mr. Recchiuti said he knows it is always tight the first month.

Ms. Dolan added that she thinks borrowing money from the Treasurer’s Escrow is exactly what should be done in this situation at the end of the fiscal year. She said it is not as if there is a giant amount of money that fills the Budget, so there is almost always a shortfall. Ms. Dolan said Council asked for it to be brought before them for a vote and it is Council’s responsibility to keep business going.

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

10. NEW BUSINESS.

Rescheduling First City Council Meeting in January 2013

Mr. Donchez and Mr. Recchiuti moved to reschedule the first meeting in January to Wednesday, January 2, 2013 since Tuesday, January 1, 2013 is New Year’s Day. Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. The motion passed.

11. PUBLIC COMMENT

2013 Budget

Mary Pongracz, 321 W. 4th Street, noting it has been heard that a solution has been reached in the 2013 Budget, said she does not see this, it did not solve any problems. Ms. Pongracz remarked what Council did was to make adjustments to the Budget. Stressing there is a lot of work to be done in the year 2013, Ms. Pongracz said this is not a Budget that she could live with in her household, but she does give Council credit for trying. Ms. Pongracz wished everyone the happiest and healthiest of New Years, and expressed the hope that City Council can keep a better eye on the City’s finances. Ms. Pongracz thanked the gentleman who filled the Controller’s position and said that he has brought a sense of honesty and reliability to that office.

The meeting was adjourned at 8:20 p.m.