Bethlehem Council MInutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, December 17, 2013 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

Pastor Robert Rentler, of New Covenant Community Church, offered the Invocation which was followed by the pledge to the flag.

1. ROLL CALL

President Evans called the meeting to order. Present were David T. DiGiacinto, Karen Dolan, Robert J. Donchez, Michael D. Recchiuti, J. William Reynolds, and Eric R. Evans, 6. Jean Belinski was absent, 1.

CITATIONS

Honoring Anthony J. Bauer and Sean Lawrence

President Evans presented a Citation to Anthony J. Bauer on the occasion of his retirement from the Public Works Department after 43 years of service. The Members of Council applauded Mr. Bauer and wished him well in his retirement.

President Evans stated that the Citation for Sean Lawrence on the occasion of his retirement from the Fire Department will be mailed to him since he was unable to attend the meeting.

2. APPROVAL OF MINUTES

The Minutes of December 3, 2013 were approved.

3. PUBLIC COMMENT

2014 Budget

Dana Grubb, 2420 Henderson Place, remarked that during the budget process there have been discussions about upgrades, salary reductions, and salary increases but not about reducing the ¾ mil tax that was implemented three years ago that was used to fill the funding gap on capital funds that had been misused. As a point of comparison, Mr. Grubb pointed out that the EMS Director is a Class 32 and he is familiar with a number of the positions proposed for upgrades to 32 and finds it incredulous that anyone would compare those positions to the EMS Director in terms of the arena of responsibility. Mr. Grubb recalled that several years ago he mentioned the need for a new classification study because it has been many years since the Yarger Study was conducted for an analysis of salary structures based on job responsibilities. Mr. Grubb thought that upgrades are being used as rewards for employees who have special status within City government. Regarding Department Head salaries, Mr. Grubb said he finds it incredulous that the nominee for Police Chief with 25 years experience would be expected to take less pay, and that the nominee for Fire Chief with 27 years experience in Bethlehem government would be expected to take less money than other nominees who have never worked in Bethlehem City government. Mr. Grubb strongly felt that when the incoming Mayor presents his nominees he should also present the salary structure that he would like to pay them. Mr. Grubb expressed his opinion that the budget process in some ways is disrespectful of the community because the debate seems to be over whether somebody gets a step increase or an upgrade when the real debate should be about the taxpayers getting a break.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

1. Request for Public Hearing – Proposed Southside Bethlehem Community Benefit District –
Thursday, February 6, 2014 – 7:00 PM – Town Hall

2. Article 112 – Campaign Finance Reports

5. COMMUNICATIONS

A. City Solicitor – Lease Agreement – Food Concession Stand – Ice Rink

The Clerk read a memorandum dated December 10, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and associated Lease Agreement between the City and Alozie’s Frosty Delights for a Food Concession Stand at the Earl E. Schaffer Municipal Ice Rink at Illick’s Mill Road.

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

B. Director of Budget and Finance – Escrow Temporary Borrowing – General Fund

The Clerk read a memorandum dated December 13, 2013 from Mark W. Sivak, Director of Budget and Finance, requesting approval to temporarily borrow up to $1.3 million from the Escrow Fund to cover the first payroll of 2014. The amount borrowed will be paid back when the gaming money is received at the end of January.

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

C. Director of Budget and Finance – 2014 Final Budget Adjustments – General Fund

The Clerk read a memorandum dated December 13, 2013 from Mark W. Sivak, Director of Budget and Finance, that listed the Amendments to the 2014 General Fund Budget that were approved at the Final Budget Meeting.

President Evans affirmed that the memo reflects amendments presented at the Final Budget Meeting on December 12, 2013 and additional changes from the Administration. President Evans noted that the Amendments will be considered under Bill 30 – 2013.

D. Director of Budget and Finance – 2014 Final Budget Adjustments – Water Fund

The Clerk read a memorandum dated December 13, 2013 from Mark W. Sivak, Director of Budget and Finance, that listed 2014 Final Budget Amendments to the Water Fund.

President Evans affirmed that the memo reflects amendments presented at the Final Budget Meeting on December 12, 2013 and additional changes from the Administration. President Evans noted that the Amendments will be considered under Bill 31 – 2013.

E. Director of Budget and Finance – 2014 Final Budget Adjustments – Sewer Fund

The Clerk read a memorandum dated December 13, 2013 from Mark W. Sivak, Director of Budget and Finance, that listed 2014 Final Budget Amendments to the Sewer Fund.

President Evans confirmed that the memo reflects additional changes from the Administration as a result of amendments presented at the Final Budget Meeting on December 12, 2013. President Evans noted that the Amendments will be considered under Bill 32 – 2013.

6. REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Donald Spieth – Fine Arts Commission

Mayor Callahan reappointed Donald Spieth to membership on the Fine Arts Commission effective through December 2016. Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-224 to confirm the appointment.

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

2. Administrative Order – Judith M. Havas – Fine Arts Commission

Mayor Callahan reappointed Judith M. Havas to membership on the Fine Arts Commission effective through December 2016. Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-225 to confirm the appointment.

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

7. ORDINANCES FOR FINAL READING

A. Bill No. 30 – 2013 – Adopting the 2014 General Fund Budget

The Clerk read Bill No. 30 - 2013, Adopting the 2014 General Fund Budget, on Final Reading.

Amendment No. 1 to Bill No. 30 – 2013 – No Second Sponsor

President Evans, informing the Members that the Amendment for Bill No. 30 - 2013 has one signature, asked whether there is a second. He advised that the first Amendment to Bill No. 30 includes much of what was discussed at the Final Budget Meeting on December 12, 2013. This includes the increase in the Deputy Controller salary, the decrease in the Community and Economic Director salary, the decrease in the Police Chief salary and the upgrades in the Parks Maintenance salaries. The upgrades for Parks Building Maintenance would be from Grade 30 to 32, and the Parks Building employees from Grade 11 to 13. President Evans added that the second Amendment to Bill No. 30 which is yet to be considered would include a change in the Fire Chief’s salary as is being proposed by Ms. Dolan.

Ms. Dolan noted that Amendment Number One to Bill No. 30 would be all of the changes that were listed at the Final Budget Meeting of December 12 that include the salary changes for the Deputy Controller, the Director of Community and Economic Development, Parks Maintenance and the Police Chief.

President Evans replied yes and affirmed it also includes the increases proposed by the Administration under Communication 5 C for the three Public Works personnel increases from Grade 30 to Grade 32.

Ms. Dolan asked if there are second signatures on any of the Amendments.

President Evans replied that there are on some but not on all. He pointed out that if there is no second signature there will be no discussion and advised that on Amendment Number One to Bill No. 30 – 2013 there is only one signature.

Ms. Dolan noted that with no other signature it cannot be discussed and it will not be considered.

Mr. Reynolds pointed out that Ms. Dolan can make comments when Bill No. 30 – 2013 to Adopt the 2014 General Fund Budget is considered even if there is no second to the Amendment.

President Evans replied yes and affirmed that when Council considers Bill No. 30 comments can be made, but no comments can be made on the Amendment with no second signature.

President Evans announced that the first Amendment to Bill No. 30 dies for the lack of a second signature.

Amendment No. 2 to Bill No. 30 – 2013 – No Second Sponsor

President Evans turned to Amendment Number Two to Bill No. 30 – 2013 that includes the decrease to the Fire Chief salary of $5,000. President Evans stated Amendment Number Two does not have a second signature and the second Amendment dies.

President Evans confirmed that the discussion is now on Bill No. 30 – 2013 as passed on First Reading at the November 19, 2013 City Council Meeting.

Mr. Reynolds commented that this would be the opportunity for conversation about the 2014 General Fund Budget as it relates to the classification changes for which there was no second. He noted it would also be germane at this point to discuss the issue of the Department Head salaries because that essentially is what the conversation was about at the Final Budget Meeting of December 12. Mr. Reynolds observed if there are comments to be made about why Members decided not to move forward with adjusting any of the salaries, now is the time.

President Evans stated that the conversation would cover most of the topics, and added the salary of the Water and Sewer Resources Director as well as the Golf Course Enterprise Fund salary change are Amendments to be considered later but may be part of this discussion.

Mr. Reynolds thought now is the time for a conversation about the general will of Council moving forward, the idea of classification changes in the future, and the potential salaries of the appointees for Department Heads pending Council approval.

Mr. Recchiuti explained that, after some reflection following the Final Budget Meeting on December 12, he does not think it is proper for Council to be considering the salaries of Department Heads proposed by Mayor-Elect Donchez in the Budget at this time. Mr. Recchiuti noted this is because the proposed appointees are not really before Council at this time, and Council is actually just looking at the positions of Fire Chief, Director of Water and Sewer Resources, and Director of Community and Economic Development. There is a time and place that he would imagine would be on January 6, 2014 when those appointments are proposed by Mayor-Elect Donchez with a proposed salary and Council could either, accept, reject or amend the proposals at that time. Mr. Recchiuti thought the discussion should include the Council-Elect Members Waldron and Callahan at that time. Communicating this is something that should be considered then and not now, Mr. Recchiuti said it does not seem proper for this Council to do that and that is why he changed his mind.

Mr. Donchez, Mayor-Elect reported that he will submit to Council the nominees for Department Heads with salaries prior to January 6, 2014 so all of the Members of Council and new Members of Council will have time to review the nominees and salaries he will propose.

Mr. Reynolds added that regarding Ms. Dolan’s proposed salary changes that he had supported although Council is not voting for those changes now it does not mean those proposals will not be things that Council can look at during the first Council Meeting in January. Mr. Reynolds thought that considering it then when the appointees are before Council would be a better way to proceed, and added it is only a few weeks from today. Mr. Reynolds stated that just because he will not be supporting those decreases tonight it does not mean he will not be taking a look at those salaries when the nominees come before Council as well as the nominees themselves in January 2014.

Ms. Dolan remarked this is a situation where Council Members made a decision before the Meeting. Stating that there was nothing random about the motions at the Final Budget meeting, Ms. Dolan said at the Human Resources and Environment Committee meeting on November 25, 2013 at which the proposed personnel changes in the 2014 Budget were reviewed she had set out at that point the fact that she was unhappy that people had gotten promotions and did not get money for those promotions which is against the employee handbook and that is a 2013 Council issue. Ms. Dolan stressed she does not see how it is not the job of Council to make right what is wrong about employees who should get their raises rather than promoting someone and giving no raise. Ms. Dolan advised that her other proposals were to try to get some parity among people who are at the middle management level that she thinks is important for morale. It is something that brought a show of support from Council to people who do work that often is not appreciated. She asserted they bring a tremendous amount of money to the City and if they are not rewarded they will find jobs in the private sector. Ms. Dolan emphasized it was a very specific proposal for those employees who were going from Grade 30 to 32 but whose salaries were not funded when in the employee handbook it says to fund them, and there was nothing random about it. Ms. Dolan stressed what is proper is for the 2013 Council to do its job on the 2014 Budget, not to say we should not do anything because the next Council will come in and do this. Ms. Dolan remarked that Council knows who these employees are, the quality of their work and their experience. She thought this is something that Council should do regularly since when someone comes in who is new there will be a learning curve, and the taxpayers should not be asked to pay for it. Ms. Dolan did not think it is the fair thing to do to the City’s workers to wait to do a salary study, and added it is not easy, it does not make everyone happy, and will not lead to harmony on Council or among the ranks. Ms. Dolan expressed her hope that the matter can move forward perhaps with the new Members of Council as a confident legislative body, to be independent of the Administration, to be flexible, and to understand what Council is able to do and to do it.

Mr. Reynolds commented that Ms. Dolan makes several germane points that are the upgrades and the salaries for the Department Heads for next year. Mr. Reynolds thought that Ms. Dolan is right in saying that the upgrades are issues for the 2013 Council but the Department Heads’ salaries are an issue for 2014. He communicated that at the Final Budget meeting on Thursday he did not take into account necessarily, once Council approved a few of the upgrades, the way it would affect other employees. Mr. Reynolds thought that Council made a mistake on Thursday at the Final Budget meeting and remarked he will certainly say that he did in voting for the upgrades without understanding the full effect it would have on the employees in the 2014 Budget. Mr. Reynolds observed that was heard that in conversations with Mr. Sivak, the Director of Budget and Finance, and also some of the Department Heads as far as offering upgrades. Mr. Reynolds, pointing out that Council did not do this from a bad position, and noting he was supportive of the proposals at the Final Budget meeting on Thursday, said but after having conversations and reflecting on the individual upgrades, for Council to offer some and not offer others it would not be fair. Mr. Reynolds thought the Administration had considered some of the upgrades and did not come forward to Council for certain ones. Since Council has proposed to offer those other upgrades there have been other employees looking for upgrades as well, so Mr. Reynolds thought it was a mistake for Council to have to do this at the Final Budget meeting. Affirming he was one of the supporters of the upgrade proposals, Mr. Reynolds advised that in looking back on it Council should not have done this and that is why he did not second the motion this evening. As far as the salaries of the Department Heads, Mr. Reynolds restated that Council can have that conversation on January 6, 2014 with the two new Council Members, and will then have the opportunity to adjust the salaries. He added that he did support the spirit of those adjustments on Thursday and he will look at it again on January 6.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Ms. Dolan, Mr. Donchez, Mr. Evans, 5. Voting NAY: Mr. DiGiacinto, 1. Bill No. 30 – 2013, now known as Ordinance No. 2013-29, was adopted on Final Reading.

B. Bill No. 31 – 2013 – Adopting the 2014 Water Fund Budget

The Clerk read Bill No. 31 – 2013, Adopting the 2014 Water Fund Budget, on Final Reading.

Amendment No. 1 to Bill No. 31 – 2013 – No Second Sponsor

President Evans affirmed that the first Amendment to Bill No. 31 – 2013 was a $4,000 decrease in the salary of the Director of Water and Sewer Resources that was passed at the Final Budget meeting on December 12. President Evans advised that the first Amendment does not have a second, and will not be considered.

Amendment No. 2 to Bill No. 31 – 2013 – No Second Sponsor

President Evans informed the Members that the second amendment also has only one signature. The amendment was offered by Mr. Donchez to increase the salary by the amount of $3,000 that was proposed to be decreased by $4,000 for the Water and Sewer Resources Director, and with no second signature the second amendment will die.

Mr. Reynolds, noting his question is for Mr. Donchez who is Mayor-Elect, wondered what was the explanation for the salary increase since Council had just decided on the decrease last Thursday.

President Evans stating that while the amendment cannot be discussed this question is part of the Water Fund so he will allow the conversation to continue.

Mr. Reynolds stated that he was curious about the reason why Mr. Donchez had come forward with the increase a few days after advocating for the decrease.

Mr. Donchez explained that after the Final Budget meeting he had thought about how Council worked on the salaries of the proposed cabinet nominees being decreased and some of the upgrades and he felt strongly that the nominee for the Director of Water and Sewer Resources is someone who is well qualified. The individual has public and private sector experience and is a Mechanical Engineer, and Mr. Donchez felt the reduction upon reflection was too low and he does not want to lose the individual because he feels he is the right person for the position. Mayor-Elect Donchez said all of the positions will be reviewed and he thinks it is safe to say there is a good chance that every position will have some type of a reduction when proposed on January 6.

Mr. Reynolds asked if all of the Department Head salaries will have some type of reduction.

Mr. Donchez commented that he will not say all Department Heads will get a reduction but a good number will have some type of reduction.

Amendment No. 3 to Bill No. 31 – 2013

President Evans pointed out that under Bill 31 there was an Amendment from the Administration outside of personnel that they would like to present.

Mark Sivak, Director of Budget and Finance, affirmed that on December 6 he sent a memorandum to Council Members requesting to increase the Water Fund on the revenue side by $100,000 for a few miscellaneous revenue accounts that were not included in the proposed 2014 Budget. This includes permits and materials, expense returns, and miscellaneous revenues. The revenue will fund $100,000 in capital appropriations in the Water Capital Fund that would be the $100,000 on the expense side. Mr. Sivak confirmed it had been presented at the beginning of the Final Budget meeting. Mr. Sivak advised that by increasing the capital appropriations in the Water Fund there has to be an amendment to the Water Capital budget to reflect that increase in revenue.

President Evans, highlighting the fact that the amendment was considered at the Final Budget meeting on Thursday, pointed out that it was included in Amendment No. 2 that also included the salary of the Water and Sewer Resources Director. Because that amendment did not have a second signature that Amendment died and is why the Amendment needs to be brought back. Affirming it was considered on Thursday, President Evans restated it is a change in revenue, an increase of $40,000 in permits and materials, an increase of $30,000 for expense returns and a $30,000 increase for miscellaneous for a total of $100,000.

Ms. Dolan moved the following Amendment and Mr. Recchiuti seconded the motion.

That SECTION 1. which reads as follows:

SECTION 1. Appropriations in the sum of [Nineteen Million, Nine Hundred Fifty-Five Thousand ($19,955,000)] Dollars are hereby made from the Water Fund as follows:

To the Department of Water/Sewer Resources:
Water Fund:
Personal Services $ 3,591,649
Materials and Supplies 462,811
Purchase of Services [15,900,540]
Equipment 0

TOTAL [$19,955,000]

shall be amended to read as follows:

SECTION 1. Appropriations in the sum of Twenty Million, Fifty-Five Thousand ($20,055,000) Dollars are hereby made from the Water Fund as follows:

To the Department of Water/Sewer Resources:
Water Fund:
Personal Services $ 3,591,649
Materials and Supplies 462,811
Purchase of Services 16,000,540
Equipment 0

TOTAL $20,055,000

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

Voting AYE on Bill No. 31, as Amended: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 31 – 2013, now known as Ordinance No. 2013-30, was adopted on Final Reading.

C. Bill No. 32 – 2013 – Adopting the 2014 Sewer Fund Budget

The Clerk read Bill No. 32 – 2013, Adopting the 2014 Sewer Fund Budget, on Final Reading.

Amendments No. 1 and No. 2 to Bill No. 32 – 2013 – No Second Sponsor

President Evans noted that the first and second amendments to Bill 32 are equivalent to what was contained in the amendments to Bill 31 because of the fact that the salary of the Director of Water and Sewer Resources is split 50% in the Water Fund and 50% in the Sewer Fund. President Evans advised those same two amendments to Bill 32 will die with no second signature.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 32 – 2013, now known as Ordinance No. 2013-31, was adopted on Final Reading.

D. Bill No. 33 – 2013 – Adopting the 2014 Golf Course Enterprise Fund Budget

The Clerk read Bill No. 33 – 2013, Adopting the 2014 Golf Course Enterprise Fund Budget, on Final Reading.

Amendment No. 1 to Bill No. 33 – 2013 – No Second Sponsor

President Evans informed the Members that there is an Amendment to Bill No. 33 that does not have a second signature to increase the salary of the Golf Course Superintendent, and dies without a second sponsor.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Ms. Dolan, Mr. Donchez, and Mr. Evans, 5. Voting NAY: Mr. DiGiacinto, 1. Bill No. 33 – 2013, now known as Ordinance No. 2013-32, was adopted on Final Reading.

E. Bill No. 34 – 2013 – Adopting the 2014 Liquid Fuels Fund Budget

The Clerk read Bill No. 34 – 2013, Adopting the 2014 Liquid Fuels Fund Budget, on Final Reading.

Amendment to Bill No. 34 - 2013

Ms. Dolan and Mr. Reynolds sponsored the following amendment:

That Section 2 that reads as follows:

SECTION 2. Appropriations in the sum of [ One Million, Four Hundred Ten Thousand, ($1,410,000) ] Dollars are hereby made from the sources indicated in Section 3 hereof as follows:

Maintenance:
Snow Payroll & Ice Removal $ 185,000
Road Maintenance 400,000
Snow Removal Oper. Supply 250,000
Road Maint. Oper. Supplies 95,000
Hand Tools 5,000
Repairs Tools/Machinery 90,000
Curb Ramps 10,000
Street Signs 14,300
Bank Service Charges 800

TOTAL $1,050,100

Construction:
Street Overlays 152,800
Linden St. SS Replacement 207,100
TOTAL $ 359,900

Equipment $ [ 0 ]

TOTAL LIQUID FUELS FUND $ [1,410,000 ]

Shall be amended to read as follows:

SECTION 2. Appropriations in the sum of One Million, Six Hundred Eighty-Two Thousand, ($1,682,000) Dollars are hereby made from the sources indicated in Section 3 hereof as follows:

Maintenance:
Snow Payroll & Ice Removal $ 185,000
Road Maintenance 400,000
Snow Removal Oper. Supply 250,000
Road Maint. Oper. Supplies 95,000
Hand Tools 5,000
Repairs Tools/Machinery 90,000
Curb Ramps 10,000
Street Signs 14,300
Bank Service Charges 800

TOTAL $1,050,100
Construction:
Street Overlays 152,800
Linden St. SS Replacement 207,100
TOTAL $ 359,900

Equipment $ 272,000

TOTAL LIQUID FUELS FUND $1,682,000

That Section 3 that reads as follows:

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

Carryover (est. inc. Grant Revenue/Int.) $ [51,460]
2013 Allocation (est.) 1,350,060
2013 Turnback 8,480

TOTAL $[1,410,000]

Shall be amended to read as follows:

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

Carryover (est. inc. Grant Revenue/Int.) $ 323,460
2013 Allocation (est.) 1,350,060
2013 Turnback 8,480

TOTAL $ 1,682,000

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

Voting AYE on Bill No. 34, as Amended: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 34 – 2013, now known as Ordinance No. 2013-33, was adopted on Final Reading.

F. Bill No. 35 – 2013 – Adopting the 2014 Capital Budget for Non-Utilities

The Clerk read Bill No. 35 – 2013, Adopting the 2014 Capital Budget for Non-Utilities, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 35 – 2013, now known as Ordinance No. 2013-34, was adopted on Final Reading.

G. Bill No. 36 – 2013 – Adopting the 2014 Capital Budget for Water Utilities

The Clerk read Bill No. 36 – 2013, Adopting the 2014 Capital Budget for Water Utilities, on Final Reading.

Amendment to Bill No. 36 - 2013

Ms. Dolan and Mr. Reynolds sponsored the following amendment:

That SECTION 2. which reads as follows:

SECTION 2. Appropriations in the sum of [Three Million, Three Hundred Sixty-Four Thousand, Five Hundred Fifty-Nine ($3,364,559)] Dollars are hereby made from the sources indicated in Section 3 hereof as follows:

Metering [$ 45,000]
Equipment-Water Maint. [ 41,769]

shall be amended to read:

SECTION 2. Appropriations in the sum of Three Million, Four Hundred Sixty-Four Thousand, Five Hundred Fifty-Nine ($3,464,559) Dollars are hereby made from the sources indicated in Section 3 hereof as follows:

Metering $113,000
Equipment-Water Maint. 73,769

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 $2,767,120
Bond Redemption & Improvement 550,000
H20 PA Grant – Valves 47,439

[$ 3,364,559]
shall be amended to read:

Line of Credit $2,767,120
Bond Redemption & Improvement 550,000
H20 PA Grant – Valves 47,439
Capital Appropriations 100,000
$ 3,464,559

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

Voting AYE on Bill No. 36, as Amended: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 36 – 2013, now known as Ordinance No. 2013-35, was adopted on Final Reading.

H. Bill No. 37 – 2013 – Adopting the 2014 Capital Budget for Sewer Utilities

The Clerk read Bill No. 37 – 2013, Adopting the 2014 Capital Budget for Sewer Utilities, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 37 – 2013, now known as Ordinance No. 2013-36, was adopted on Final Reading.

I. Bill No. 38 – 2013 – Adopting the 2014 Community Development Budget

The Clerk read Bill No. 38 – 2013, Adopting the 2014 Community Development Budget, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 38 – 2013, now known as Ordinance No. 2013-37, was adopted on Final Reading.

J. Bill No. 39 – 2013 – Adopting the 2014 9-1-1 Fund Budget

The Clerk read Bill No. 39 – 2013, Adopting the 2014 9-1-1 Fund Budget, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 39 – 2013, now known as Ordinance No. 2013-38, was adopted on Final Reading.

K. Bill No. 40 – 2013 – Fixing the 2014 Tax Rate for All City Purposes

The Clerk read Bill No. 40 – 2013, Fixing the 2014 Tax Rate for All City Purposes, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Ms. Dolan, Mr. Donchez, and Mr. Evans, 5. Voting NAY: Mr. DiGiacinto, 1. Bill No. 40 – 2013, now known as Ordinance No. 2013-39, was adopted on Final Reading.

L. Bill No. 41 – 2013 – Amending General Fund Budget – Police – Fire – Overtime – Roster Duty

The Clerk read Bill No. 41 – 2013, Amending General Fund Budget – Police – Fire – Overtime – Roster Duty, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 41– 2013, now known as Ordinance No. 2013-40, was adopted on Final Reading.

8. NEW ORDINANCES

A. Bill No. 42 – 2013 – Amending Article 145 – Human Relations Commission

The Clerk read Bill No. 42 – 2013 – Amending Article 145 – Human Relations Commission, sponsored by Ms. Dolan and Mr. DiGiacinto, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 145 OF THE CODIFIED ORDINANCES ENTITLED
BETHLEHEM HUMAN RELATIONS COMMISSION.

President Evans affirmed that the revision to the Human Relations Commission Ordinance came as a recommendation from the State Commission. The revision is to change the number of members to be appointed by the Mayor and by City Council to a certain number instead of a percentage. The second revision was proposed by Ms. Dolan and was approved by the Human Resources and Environment Committee, with the idea of creating an anchor within the Administration for the Human Relations Commission. In this case the feeling was that the best connection would be the Human Resources Director.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 42 – 2013 was passed on First Reading.

B. Bill No. 43 – 2013 – Amending Article 146 – Environmental Advisory Council

The Clerk read Bill No. 43 – 2013 – Amending Article 146 – Environmental Advisory Council, sponsored by Mr. Donchez and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 146 OF THE CODIFIED ORDINANCES
ENTITLED ENVIRONMENTAL ADVISORY COUNCIL.

Chairman Recchiuti affirmed that the revisions were recommended for approval by the Human Resources and Environment Committee. However, Mr. Recchiuti noted a concern that he may have missed at the Committee meeting. Mr. Recchiuti said he is not sure if City Council should be designating a chairperson for the EAC. Advising he has done some research and he thinks it is improper, Mr. Recchiuti stated he does not believe that there is any Authority, Board or Commission to which City Council appoints the chairperson. He observed it is probably a decision for the EAC to make. Mr. Recchiuti further stated he is not sure if a Member of Council should be a member of the EAC. Mr. Recchiuti highlighted the fact that there are only two Boards on which there is a Member of Council that is the Recreation Commission and the Library Board. He is not sure of the reasoning for a Member of Council to be on the Recreation Commission but does understand the reason for a Member of Council to be on the Library Board because it is an inter-municipal body. Mr. Recchiuti wondered whether a Member of Council should be a liaison to the EAC instead. Mr. Recchiuti said he will wait to see if there is any further comment before making a motion.

Ms. Dolan pointed out that the State legislation specifies that City Council choose the chairperson, and the Ordinance revision brings it into compliance with the State law. Ms. Dolan stated that when the EAC was first formed the City Council at that time decided to not be in compliance. Ms. Dolan noted that having a Member of Council on the EAC was a recommendation of Pennsylvania Environmental Council, and she thinks the reasoning is that the EAC serves City Councils. She elucidated that a liaison does not even have to be at a meeting but a member has to attend. Ms. Dolan informed the Members that she attended the last meeting of the EAC and went over the aspects of the revisions. Ms. Dolan advised there is one amendment she would like to offer based on their concerns, but other than that the EAC has no concerns.

President Evans inquired about the State legislation providing that City Council should designate the Chairperson of the EAC. Ms. Dolan reported that it is right out of the State legislation.

Ms. Dolan confirmed it was mentioned at the Committee meeting and the Committee members had the memo.

Mr. Recchiuti said he will not make amendments at this point if that is the case.

President Evans noted that it stood out to him as well, in that Council does not designate the chairpersons of Authorities, Commissions, and Boards but rather confirms the members.

Ms. Dolan thought the reason is that there is no other Commission that has this unique relationship with City Council. Ms. Dolan pointed out there is no other Commission that serves strictly at the pleasure of Council. Ms. Dolan continued on to say the EAC exists because it is needed and the Commission answer questions for Council and is an arm of City Council that is not something any of the other Commissions are.

President Evans observed that having Council designate a Chairperson is not something that has been done in the past and queried whether the President of Council would determine the Chair or would Council vote on the person.

Ms. Dolan acknowledged it has not been done in the past and would probably be a Councilmanic appointment. She added that Council would get feedback from the EAC itself.

Christopher Spadoni, City Council Solicitor, noted the legislation refers to City Council appointing the Chair after proper motion and a second, it does not need a Councilmanic appointment.

President Evans stated that, sometime after the President and Vice President are elected by the new Council, the President will set the Committees and at that time Council could take that vote.

Motion to Amend Bill No. 43 - 2013

Ms. Dolan, adding there is one concern she thinks is legitimate, advised that the EAC wanted to make sure that a Member of Council would not be eligible to serve as President of the EAC. Ms. Dolan, while stating that goes without saying, thought the provision should be added. Ms. Dolan made the motion that in Section 146.02 the sentence under Composition state that the Environmental Advisory Council shall be composed of six (6) residents of this City, and one (1) Member of City Council who shall not be eligible to serve as EAC Chair.

President Evans asked if it would be more appropriate for that provision to be in Section 146.06 to state that the Chair shall not be a Member of City Council. Ms. Dolan agreed since it would accomplish the same thing.

Ms. Dolan revised the motion, as follows: amend Section 146.06, Chairperson, to read as follows: The City Council shall designate the chairperson of the council who shall not be a Member of City Council. Mr. Recchiuti seconded the motion.

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

Voting AYE on Bill No. 43, as Amended: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 43 – 2013 was passed on First Reading.

9. RESOLUTIONS

A. Authorizing Adoption of 9-1-1 Plan – 2014 through 2016

Mr. Donchez and Mr. Recchiuti sponsored Resolution No. 2013-226 that approved the 9-1-1 Telephone Access Plan and Contribution Rate for the residents of the City of Bethlehem and that Robert J. Haffner, City of Bethlehem 9-1-1 Coordinator, is authorized to file and update the plan and transmit all required documents and information to the Pennsylvania Emergency Management Agency for distribution to such other agents as required.

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

B. Authorizing Lease Agreement – Food Concession Stand – Ice Rink

Mr. Recchiuti and Mr. DiGiacinto sponsored Resolution No. 2013-227 that authorized the execution of a Lease Agreement between the City of Bethlehem and Alozie’s Frosty Delights for the Food Concession Stand for the Ice Skating Rink at Illick’s Mill Road also known as the Earl E. Schaffer Municipal Ice Rink, from the date of execution to March 31, 2015, with the option to renew for six (6) additional one (1) year terms, according to the Agreement.

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

Motion – Considering Resolutions 9 C through 9 H as a Group – Certificates of Appropriateness

Mr. Reynolds and Mr. Donchez moved to consider Resolutions 9 C through 9 H as a group. Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. The motion passed.

C. Certificate of Appropriateness – 15 West Morton Street

Mr. DiGiacinto and Mr. Recchiuti sponsored Resolution No. 2013-228 that granted a Certificate of Appropriateness to install fiber cement clapboard siding at 15 West Morton Street.

D. Certificate of Appropriateness – 4 East Fourth Street

Mr. DiGiacinto and Mr. Recchiuti sponsored Resolution No. 2013-229 that granted a Certificate of Appropriateness to install three new panel antennas on roof at 4 East Fourth Street.

E. Certificate of Appropriateness – 226 East Third Street

Mr. DiGiacinto and Mr. Recchiuti sponsored Resolution No. 2013-230 that granted a Certificate of Appropriateness to install façade, signs and lighting on commercial space at 226 East Third Street.

F. Certificate of Appropriateness – 127-129 East Third Street

Mr. DiGiacinto and Mr. Recchiuti sponsored Resolution No. 2013-231 that granted a Certificate of Appropriateness to install a new door and windows at 127-129 East Third Street.

G. Certificate of Appropriateness – 626 Evans Street

Mr. DiGiacinto and Mr. Recchiuti sponsored Resolution No. 2013-232 that granted a Certificate of Appropriateness to replace the roof at 626 Evans Street.

H. Certificate of Appropriateness – 29 West Fourth Street

Mr. DiGiacinto and Mr. Recchiuti sponsored Resolution No. 2013-233 that granted a Certificate of Appropriateness to replace the sign faces at 29 West Fourth Street.

Voting AYE on Resolutions 9 C through 9 H: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. The Resolutions passed.

I. Authorizing Escrow Temporary Borrowing – General Fund

Mr. DiGiacinto and Mr. Recchiuti sponsored Resolution No. 2013-234 that approved the transfer of up to $1,300,000 by the City Administration from the Escrow Fund to the General Fund Budget as required to fund the first payroll obligations of the City for 2014; and that the $1,300,000 transferred from the Escrow Fund by the City Administration shall be paid in full to the Escrow Fund on or before February 5, 2014.

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

10. NEW BUSINESS.

A. Rescheduling First Meeting in January – Monday, January 6, 2014 – 7:00 PM

Mr. DiGiacinto and Ms. Dolan moved to reschedule the first Meeting in January to Monday, January 6, 2014 at 7:00 PM that is the date of the Reorganizational Meeting after the Municipal Election.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. The motion passed.

Filling Vacant City Council Seat - To Be Vacated by Council Member Robert Donchez - Elected Mayor – Remaining Two Years of Council Term – 2014-2015

President Evans affirmed that at the last City Council Meeting it was agreed that applications for the vacant City Council seat as a result of the election of Council Member Robert Donchez as Mayor will continue to be collected through December 31, 2013. There was further agreement by Members of Council and Council-Elect that there would be two meetings regarding filling the vacancy, of which one would be for interviews and a second for selection. There was a consensus among Council Members that questions would not be mailed to the candidates for the vacant City Council seat in advance of the meeting but rather Members of Council would ask the candidates questions at the meeting. President Evans affirmed that the meetings will be public, and it was confirmed by Council Solicitor Spadoni that the vacant Council seat needs to be filled by February 5, 2014 that is a 30 day window. Mayor-Elect Donchez will take office on January 6, 2014 and there are two years remaining of Mr. Donchez’s Council Term that are 2014 and 2015. President Evans informed the Members that Ms. Dolan will be on vacation January 7 to 21, 2014 so the meetings need to take place before and after those dates. President Evans noted that a proposed date is Thursday, January 2, 2014 for interviews of the candidates, with a decision to fill the vacant seat to be made on January 6, 2014, the date of Council’s Reorganizational Meeting. If that were to occur, it would mean that at the January 6 Reorganizational Meeting there would be 7 Council Members to vote for the President and Vice President of Council. There would also be the full Council of 7 Members for the January 21 Council Meeting. President Evans advised he is concerned with this timeline in that applications will continue to be received until December 31, 2013 and from a personal standpoint he would like the opportunity to review all the resumes including those that may come on December 31, 2013. President Evans continued on to state he would plan on making calls to the candidates’ references, and he does not know if having a meeting on January 2, 2014 will allow him time to do this. President Evans pointed out he would also like the applicants to have time to plan their schedules to be available for the meeting. President Evans expressed that another concern with the January 2 and January 6 meeting scenario is that at the January 6 Reorganizational Meeting when the Meeting of the Old Council adjourns sine die there will be the 4 elected Members sworn in as Members of Council and there would be the need to bring in a new Council Member. His concern is at that point the Reorganizational Meeting may have lasted an hour or longer after which Council will vote for the President and Vice President. This will be followed by voting on the appointees of the incoming Mayor that may also take some time. President Evans thought that Members of Council need to give themselves some time but certainly well before the 30 day deadline to fill the Council vacancy. President Evans commented he does not think that the January 21 Agenda would be pressing enough that it would need the seven Members of Council. Highlighting the fact that the person Council chooses will fill the vacant seat for the remaining 2 years of Mr. Donchez’s Council term that is 2014 and 2015, President Evans said Council knows there is hard and important work ahead so the process needs to be complete, and Council needs to have time to evaluate and select the right individual for the vacant Council seat. President Evans proposed that collection of the resumes continue through December 31, 2013 and on January 2, 2014 letters could be sent to all of the applicants. The letter they will receive will allow them to schedule their dates to be available for the meeting, and to develop their presentation. The letter would allow the process to be described, state the dates of the meetings, the fact that the candidates will make an opening statement, and questions will be asked. President Evans pointed out that the applicants deserve that time to prepare and plan. Council would want Ms. Dolan to be in attendance and that will mean setting a date during the last week in January when Members of Council and Council-Elect have noted they are available. President Evans proposed that a meeting be scheduled on Monday, January 27, 2014 with the six Members of Council conducting interviews of all applicants. Another meeting could be scheduled on Thursday, January 30, 2014 with the goal of making a selection of the new Council Member to fill the vacant Council seat. Council could also advertise a meeting on the following Monday, February 3 to select the individual if Council is not able to reach that decision on January 30. President Evans affirmed that would allow the new Council Member to be sworn in on the Council Meeting date of Tuesday, February 4 and the Member could then join Council at the regularly scheduled Council Meeting that evening of February 4.

Ms. Dolan thought that the individual elected by City Council to fill the vacancy has to be sworn in immediately.

Council Solicitor Spadoni stated it is the call of Council when to swear in the individual who could be sworn in that evening. Attorney Spadoni noted that a Magistrate could be present on the evening that the person is to be selected.

Mr. Reynolds expressed that President Evans and Ms. Dolan presented his thoughts.

Mr. Recchiuti communicated he did not think that rushing the matter at the beginning is an option.

Council Member-Elect Waldron expressed his agreement with the proposal and the backup date, in view of possible inclement weather and the fact that a decision needs to be made in 30 days by February 5, 2014.

Council Member-Elect Callahan expressed his agreement with the proposal.

Attorney Spadoni affirmed to President Evans that a decision could also be made at the February 4, 2014 City Council Meeting, and added that a Special City Council Meeting could be scheduled on February 5 if necessary.

President Evans stated that a letter will be prepared to be sent to the applicants that will describe the process, which will include an opening statement from the candidates, questions by Members of Council, and the meeting dates.

Thanking Outgoing Mayor John B. Callahan

President Evans, noting this is the last City Council Meeting at which Mayor Callahan is in attendance, thanked Mayor Callahan for all he has done for the City, and added clearly the City is in a better place than 10 years ago. President Evans pointed out that Mayor Callahan has been very successful and thanked the Mayor for his service to the City. President Evans communicated that Mayor Callahan leaves quite a legacy for the City and its residents that is most appreciated by everyone. The assembly applauded Mayor Callahan.

Remarks of Outgoing Mayor John B. Callahan

Mayor Callahan said it has been a tremendous honor to serve as a Member of Council for 6 years and then as Mayor for 10 years. Mayor Callahan pointed out it has been a period of transformation, growth, and transition in the City and he is very proud of what he has been able to achieve in the last 10 years. Mayor Callahan exclaimed in every way that strength can be measured in a community the City is better than it was 10 years ago. He expressed his appreciation for the working relationship with City Council, and thanked the employees and Department Heads for all of their work and efforts. Mayor Callahan remarked that very few communities who have lost what Bethlehem has lost as a result of the closing of Bethlehem Steel Corporation can say they came back after such a loss. Mayor Callahan emphasized that is the backbone of what the community has been about, and it has been a wonderful opportunity.

President Evans denoted that Council Member Robert Donchez will become the Mayor on January 6, 2014 and wished him success. President Evans stated that Council looks forward to working with Mr. Donchez as Mayor. President Evans highlighted the fact that Council Member David DiGiacinto will be leaving and will become the Controller on January 6. President Evans, advising that Council Member Jean Belinski was unable to attend this evening, emphasized that Mrs. Belinski has had a long and distinguished career as a Member of Council for many years. President Evans thanked the Mayor’s staff and wished them well for the future.

11. PUBLIC COMMENT

Controller’s Office

Robert Pfenning, outgoing Controller, stated that after serving as Controller for the past 21 months, he felt that the Deputy Controller position was improperly classified given the position’s responsibilities. Mr. Pfenning affirmed that he contacted the Administration and obtained the concurrence of the Business Administrator’s office to upgrade the Deputy Controller classification from 27 to 28. Mr. Pfenning pointed out that business manager positions in the City are Class 28, and the Business Administrator’s office agreed to put the Deputy Controller position as Class 28 in the 2014 Proposed Budget. However, Mr. Pfenning highlighted the fact that the proposal was not placed in the Budget Book, and the business administrator’s office admitted it was an error. The reclassification was subsequently reviewed and approved in the Human Resources and Environment Committee, and was approved at the Final Budget meeting. Mr. Pfenning pointed out that at tonight’s Final Reading of the General Fund Budget Ordinance it was not brought up again and consequently is not in the 2014 Budget. Mr. Pfenning stressed that the Controller should have the flexibility to manage the staff in the Controller’s Office, and expressed his opinion that Council interfered with the independence of the Controller’s Office. Mr. Pfenning communicated that he may seek counsel who will represent his opinion.

Outgoing Council Members Donchez and DiGiacinto

Dana Grubb, 2420 Henderson Place, referring to his earlier comments, affirmed he was suggesting there was favoritism. Mr. Grubb noted he has known the two Members who will be leaving Council most of his life, and he thanked Mr. Donchez and Mr. DiGiacinto for their service and wished them well in their newly elected positions of Mayor and Controller, respectively.

The meeting was adjourned at 8:50 p.m.