Bethlehem Council MInutes

10 East Church Street – Town Hall
Bethlehem, Pennsylvania
WEdnesday, April 16, 2014 – 7:00 PM

INVOCATION

Pastor Bernd Weishaupt, of Bethany United Church of Christ, offered the invocation which was followed by the pledge to the flag.

PLEDGE TO THE FLAG

1. ROLL CALL

President Reynolds called the meeting to order. Present were Bryan G. Callahan, Karen Dolan, Eric R. Evans, Michael D. Recchiuti, Cathy Reuscher, Adam R. Waldron, and J. William Reynolds, 7.

CITATIONS

President Reynolds stated that the Citations for Jonafer McDonald, Daniel Paulus, and William Rufe on the occasion of their retirement from the Department of Water and Sewer Resources will be mailed to them since they were unable to attend the meeting.

2. APPROVAL OF MINUTES

The Minutes of November 19, 2013 and April 1, 2014 were approved.

3. PUBLIC COMMENT

Use Permit Agreement – Bethlehem Area School District – Portion of Rose Garden

Peter Mayes, 1805 West Union Boulevard, stated that he is not only a neighbor of West Bethlehem but he is also the Principal at Nitschmann Middle School. He said he is at the meeting with regard to Communication 5 E along with Ms. Patrick of the School Board, Mr. Stein from their Administration, and Mr. Fazil, the School District Engineer, in case there are any questions or concerns about the proposed use of the Rose Garden during the construction of the new Nitschmann Middle School. Mr. Mayes remarked that they appreciate the opportunity to work with the City as they work with the community members and neighbors on the investment in their new school.

Use Permit Agreement – Tunes at Twilight

Kara Johnson, 4416 Greenfield Road, thanked City Council for considering Tunes at Twilight which is on the agenda. She said this Downtown Bethlehem Association event will be kicking off on May 8 in the Sun Inn Courtyard. This is a weekly concert 6:00 to 8:00 PM on Thursdays. She said the Tunes Bar will be at that location and they will be selling alcohol for patrons and visitors downtown. All proceeds that are raised there are to market the downtown Bethlehem businesses. Ms. Johnson said the consideration of Council is appreciated. She noted that there will be a former Mayor playing in one of the Tunes at Twilight series and the final Tunes at Twilight will actually be a preview to the Italian Festival coming up next year.

4. OLD BUSINESS.

A. Old Business – Members of Council

Rail Authority

Councilwoman Reuscher stated she had a question about the suggestion made by Kirk Raup regarding the creation of a rail transit agency. She said she was wondering if the Administration is moving forward with this and if Council could get a progress report.

Mayor Donchez replied that he will let Assistant Solicitor Matthew Kloiber respond.

Solicitor Kloiber reported that he did have an opportunity to meet with Mr. Raup and discussed his background and the work he has done. Attorney Kloiber stated in their own research they have looked into the different efforts that have been done over the last few years, are continuing to look into the matter, and anticipate talking to Mr. Raup shortly. He said at that time they will have something more to report.

B. Tabled Items

None.

C. Unfinished Business

1. Article 112 – Campaign Finance Reports

5. COMMUNICATIONS

A. City Solicitor - Use Permit Agreement for Public Property – Celtic Fest, Inc. d/b/a Celtic
Cultural Alliance – Lehigh Valley HopsFest

The Acting Clerk read a memorandum dated April 11, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a Use Permit Agreement for Public Property between the City and Celtic Fest, Inc. d/b/a Celtic Cultural Alliance for use of the grass island bounded on the north by Spring Street, the west by Conestoga Street, the east by Main Street, and south by West Lehigh Street less and excepting railroad property (known as Rice Field), for the Lehigh Valley HopsFest for the time period June 13 to June 16, 2014.

President Reynolds stated that the Resolution will be placed on the May 6 Agenda.

B. City Solicitor – Use Permit Agreement for Public Property – Christmas City Wine Festival

The Clerk read a memorandum dated April 11, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a Use Permit Agreement for Public Property between the City and Christmas City Wine Festival for use of Walnut Street between Main and Guetter Streets and Nevin Place (adjacent to Sun Inn Courtyard) for the Christmas City Wine Festival for the time period May 15 to May 18, 2014.

President Reynolds stated that the Resolution will be placed on the May 6 Agenda.

President Reynolds announced that Communication 5 C was removed from the Agenda at the request of the Administration.

D. City Solicitor – Amending Article 307 – Video Amusement Arcades

The Acting Clerk read a memorandum dated April 8, 2014 from William P. Leeson, Esq., City Solicitor, and William A. Karras, Esq., Legal Assistant, to which was attached a proposed alternate Ordinance deleting paragraph (e) of Section 307.06 License Requirements in Article 307 – Video Amusement Arcades as a follow up to the discussion at the City Council Meeting on April 1, 2014. The first proposed Ordinance suggested amending paragraph (e) and this alternate suggests deleting paragraph (e).

President Reynolds referred the matter to the Public Safety Committee.

E. City Solicitor – Lease Agreement – Bethlehem Area School District – Portion of Rose
Garden

The Acting Clerk read a memorandum dated April 7, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a proposed Resolution and Lease Agreement between the City and the Bethlehem Area School District for use of a portion of the Rose Garden for the staging area for construction vehicles and for employee and construction worker parking during construction of Nitschmann Middle School for the time period April 1, 2015 to September 30, 2018.

President Reynolds stated he believed this is time sensitive and referred the matter to the Parks and Public Property Committee

Councilwoman Dolan noted that an opportunity for all of City Council to tour the site could be scheduled.

The Acting Clerk read additional Communications 5 F and 5 G into the record, as follows:

F. City Solicitor – Use Permit Agreement for Public Property – Sun Inn Preservation
Association – Pulaski PolkaFest

The Acting Clerk read a memorandum dated April 16, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a proposed Resolution and Use Permit Agreement between the City and the Sun Inn Preservation Association for use of Nevin Place (adjacent to Sun Inn Courtyard) for the Pulaski PolkaFest to be held May 18, 2014.

The Resolution can be placed on the May 6 Agenda.

G. City Solicitor – Use Permit Agreement for Public Property – Sun Inn Preservation
Association – GeorgeFest

The Acting Clerk read a memorandum dated April 16, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a proposed Resolution and Use Permit Agreement between the City and the Sun Inn Preservation Association for use of Nevin Place (adjacent to Sun Inn Courtyard) for the GeorgeFest to be held May 16, 2014.

The Resolution can be placed on the May 6 Agenda.

6. REPORTS

A. President of Council

1. Councilmanic Appointment – Robert G. Vidoni – Bethlehem Human Relations Commission

Mr. Recchiuti and Mr. Waldron sponsored Resolution 2014-46 that appointed Robert G. Vidoni to membership on the Bethlehem Human Relations Commission to fill the open seat vacated by D. Craig Weidman whose term expired March 2014, effective until March 2017.

Mr. Waldron commented that he knows Mr. Vidoni and thinks he will serve the board very well. He said he is very dedicated and thinks he is a perfect fit.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

B. Mayor

1. Administrative Order – Genevieve Marcon – Board of Historical and Architectural Review

Mr. Recchiuti and Mr. Waldron sponsored Resolution 2014-47 that reappointed Genevieve Marcon to membership on the Board of Historical and Architectural Review, effective through March 2019.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

2. Administrative Order – Beth Starbuck – Board of Historical and Architectural Review

Mr. Recchiuti and Mr. Waldron sponsored Resolution 2014-48 that reappointed Beth Starbuck to membership on the Board of Historical and Architectural Review, effective through February 2019.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

3. Administrative Order – Valerie McLendon – Bethlehem Housing Authority

Mr. Recchiuti and Mr. Waldron sponsored Resolution 2014-49 that reappointed Valerie McLendon to membership on the Bethlehem Housing Authority, effective through March 2019.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

4. Administrative Order – Beverly Hoover – Fine Arts Commission

Mr. Recchiuti and Mr. Waldron sponsored Resolution 2014-50 that reappointed Beverly Hoover to membership on the Fine Arts Commission, effective through April 2017.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

5. Administrative Order – Clinton Walker – Fine Arts Commission

Mr. Recchiuti and Mr. Waldron sponsored Resolution 2014-51 that reappointed Clinton Walker to membership on the Fine Arts Commission, effective through April 2017.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

6. Administrative Order – Deni Thurman-Eyer – Fine Arts Commission

Mr. Recchiuti and Mr. Waldron sponsored Resolution 2014-52 that reappointed Deni Thurman-Eyer to membership on the Fine Arts Commission, effective through April 2017.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

7. Administrative Order – Jason R. Henninger – Redevelopment Authority

Mr. Recchiuti and Mr. Waldron sponsored Resolution 2014-53 that appointed Jason R. Henninger to membership on the Redevelopment Authority, effective through March 2019.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

8. Administrative Order – Judith Deltuva – Bethlehem Human Relations Commission

Mr. Recchiuti and Mr. Waldron sponsored Resolution 2014-54 that reappointed Judith Deltuva to membership on the Bethlehem Human Relations Commission, effective through March 2017.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

9. Administrative Order – Dr. Christopher S. Alia – Board of Health

Mr. Recchiuti and Mr. Waldron sponsored Resolution 2014-55 that appointed Dr. Christopher Alia, M.D. to membership on the Bethlehem Board of Health, effective through April 2019.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

Tree City USA

Mayor Donchez reported that he received notification today dealing with the Arbor Day Foundation that the City of Bethlehem again has earned recognition as 2013 Tree City USA. He said Bethlehem joins 3,400 other Cities that have this distinction.

Incident at Liberty High School

With regard to today’s incident at Liberty High School, Mayor Donchez said that the cooperation between the Bethlehem School District and the City was excellent and asked the Police Chief and Fire Chief to give a summary.

Police Chief Mark DiLuzio stated that today at 12:40 PM a 911 call was received in the City of Bethlehem 911 Center from a male caller who indicated that three white males armed with guns had entered Liberty High School. City Police were dispatched to the school and the school was placed in lockdown, critical protocol with the School District and the Police Department. Basically, he said, this is a national protocol followed by many School Districts and Police Departments throughout the Country. The school was locked down and approximately 40 City Police responded along with Fire and EMS services. Chief DiLuzio added that Pennsylvania State Police were there along with the FBI because it is a threat to a public school. The information was that there was a male in the school with some guns. While the kids and teachers in the school were locked down in their rooms, they also received two additional calls, one of a gunshot being fired in the school and another call of someone in a room with a weapon. He reported that all the calls were deemed to be inaccurate and unfounded and the entire school was locked down and a systematic search was done. Chief DiLuzio added that the School District was very cooperative and the Superintendent Dr. Roy was on the phone with him throughout the ordeal. He stated that the protocol does work and the protocol of the City does work. He stated there were a few kids with injuries and Fire Chief Robert Novatnack will speak about those.

Fire Chief Robert Novatnack reported that there were three people who were treated that had nothing to do with the incident. One was a diabetic issue, another was a girl who felt overheated, and the third was not even a student, it was a walk on from the neighborhood who wanted to be looked at by our ambulance. They were all medically released by the staff. Fire Chief Novatnack added that this worked just like it should in City emergency management, proper authorities and elected officials were notified starting with the Mayor and a follow-through was done by getting the right people at Locust and Maple Streets at a command post with EMS, Fire and Police, the State Police and the School District there. Chief Novatnack stated that it worked just like it should have worked, it was well organized and it ran smoothly although it is difficult on the parents when their child is inside the school and they want to get them out, but it ended the way it should have after a thorough investigation and search of the building by the Police.

President Reynolds stated that on behalf of City Council he wanted to thank Chief DiLuzio and Chief Novatnack. It certainly was a trying day and while it turned out in a good way with no real threat they did go through a lot. It seems that everything was handled fantastically. President Reynolds commented that his parents live right across the street and his mother called him a few times to tell him what was going on and told him that it seems like they had everything under control. While it is not something the City wants to go through, it does appear the City is up to the task with the emergency management side of it with handling a very difficult situation.

Mr. Waldron advised that his wife is a teacher at Liberty High School and she spent a few hours locked in her classroom and she said that the response by the City Police Department was excellent. Mr. Waldron sees this as a difficult situation that was well done.

C. Finance Committee

Mr. Recchiuti, Chairman of the Finance Committee, presented an oral report of the Committee’s meeting held on Tuesday, April 15, 2014 at 7:00 PM in Town Hall. The Committee considered the following: Amending General Fund Budget – Health and Traffic Bureaus - the Committee recommended that Council adopt an Ordinance; Amending Liquid Fuels Fund Budget – Snow and Ice Operations - the Committee recommended that Council adopt an Ordinance; Non-Utility Capital Budget Adjustments – Project Revisions - Snow Removal Overruns; Eastern Gateway - the Committee recommended that Council adopt an Ordinance; Amending Community Development Budget – Reorganization of Community and Economic Development Department - Housing Inspector – Full Time - the Committee recommended the proposal; Community and Economic Development Department – Reorganization - the Committee did not recommend the proposal; Proposed Resolution – Hiring Freeze - the Committee recommended a revised Resolution be forwarded to Council for consideration at the May 6, 2014 City Council Meeting; and information was received on the First Quarter 2014 – Budget Update.

D. Public Safety Committee

Mr. Evans, Chairman of the Public Safety Committee, presented an oral report of the Committee’s meeting held this evening at 6:00 PM in Town Hall. The Committee considered an Ordinance to amend the Articles of Incorporation of the Bethlehem Parking Authority. The request was to increase the term. The Parking Authority Solicitor, Attorney James Broughal, was not able to be in attendance. Mr. Evans said that without a current Executive Director of the Parking Authority the Committee decided to postpone the agenda item to the May 6, 2014 Public Safety Committee meeting which will be at 5:30 PM in Town Hall.

7. ORDINANCES FOR FINAL READING

A. Bill No. 8 – 2014 – Amending Article 135 – Bethlehem Area Public Library – Lower Saucon Township – Withdrawal

The Acting Clerk read Bill No. 8 – 2014 – Amending Article 135 – Bethlehem Area Public Library – Lower Saucon Township – Withdrawal, on Final Reading.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. Bill No. 8 – 2014, now known as Ordinance No. 2014-10, was adopted.

B. Bill No. 10 – 2014 – Amending Article 139 – Authorities – Addition of Bethlehem Revitalization and
Improvement Authority (BRIA)

The Acting Clerk read Bill No. 10 – 2014 – Amending Article 139 – Authorities – Addition of Bethlehem Revitalization and Improvement Authority (BRIA), on Final Reading.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. Bill No. 10-2014, now known as Ordinance No. 2014-11, was adopted.

8. NEW ORDINANCES

None.

9. RESOLUTIONS

A. Adopting Market Value – Actuarial Valuation – Firemen’s Pension Fund

Mr. Waldron and Mr. Evans sponsored Resolution 2014-56 that adopted the market value of assets as the actuarial value of assets as part of the actuarial valuation for the City of Bethlehem Firemen’s Pension Fund, effective with the January 1, 2013 actuarial valuation report.

With regard to Resolutions 9 A, B and C, Mr. Evans asked David Brong, Business Administrator, if there was an impact on the MMO with this versus the smoothing that has been talked about.

Mr. Brong replied that this reverses the smoothing and actually has a favorable impact on the MMO. Mr. Evans asked if the smoothing method used for a number of years was to help offset the downturn in the market and asked if this would be what normally would have been used through the past years. Mr. Brong said this is typical.

Mr. Evans, referring to the significant jump in the number that was talked about last night at the Finance Committee, asked if this smoothing option that has ended is forced by law and wondered what caused the move back to this.

Mr. Brong replied that it is a matter of law in that the smoothing option is over and, in fact, if the City would have been required to use the smoothing method it would have increased the MMOs based on the downturn in the market being part of the valuation process. He said this method excludes that and allows current market valuation of assets and therefore is a lot kinder to the City’s MMOs, even though they are going up significantly, it is significantly less than it would have been if the smoothing method was used.

Mr. Evans asked if the MMO will continue to be calculated each year.

Mr. Brong stated that it is every two years.

Mr. Evans noted that the market’s performance will be looked at every two years.

Mr. Brong added that it will be the market’s performance as well as the actuarial needs of the retirees.

Mr. Evans remarked that the better it performs the easier it becomes on our contributions. Mr. Brong stated that this is correct.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

B. Adopting Market Value – Actuarial Valuation – Officers’ and Employees’ Pension Fund

Mr. Waldron and Mr. Evans sponsored Resolution 2014-57 that adopted the market value of assets as the actuarial value of assets as part of the actuarial valuation for the City of Bethlehem Officers’ and Employees’ Pension Fund, effective with the January 1, 2013 actuarial valuation report.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

C. Adopting Market Value – Actuarial Valuation – Police Pension Fund

Mr. Waldron and Mr. Evans sponsored Resolution 2014-58 that adopted the market value of assets as the actuarial value of assets as part of the actuarial valuation for the City of Bethlehem Police Pension Fund, effective with the January 1, 2013 actuarial valuation report.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

D. Authorizing Use Permit Agreement for Public Property – Greater Lehigh Valley Chamber of
Commerce – Downtown Bethlehem Association – Tunes at Twilight – Nevin Place

Mr. Recchiuti and Mr. Evans sponsored Resolution 2014-59 that authorized a Use Permit Agreement between the City and the Greater Lehigh Valley Chamber of Commerce by and through its Downtown Bethlehem Association for use of Nevin Place (adjacent to Sun Inn Courtyard) for Tunes at Twilight for the duration and event times/dates according to the Agreement.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

E. Authorizing Certificate of Approval – Vendor License Renewal – Easy Weenies

Mr. Waldron and Mr. Evans sponsored Resolution 2014-60 that granted approval for a Sidewalk Vendor Renewal Application for a sidewalk vendor cart for Christopher Morales, Easy Weenies, at 15 West Fourth Street, for the hours of 10:00 AM – 6:00 PM, 12:00 AM – 4:00 AM, Monday/Tuesday through Saturday/Sunday, for the renewal period March 20, 2014 to March 20, 2015.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

F. Authorizing Use Permit Agreement for Public Property – Musikfest 2014-2015-2016 –
Festival Sites and Streets

Mr. Recchiuti and Mr. Evans sponsored Resolution 2014-61 that authorized Use Permit Agreements between the City and ArtsQuest for Streets and Festival Sites for Musikfest 2014-2015-2016 for the Duration and Event Dates, according to the Agreements.

Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolution passed.

Motion – Considering Resolutions 9 G through 9 K as a Group – Certificates of Appropriateness

Mr. Recchiuti and Mr. Waldron moved to consider Resolutions 9 G through 9 K as a group. Voting AYE: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The motion passed.

G. Certificate of Appropriateness – 458 Center Street

Mr. Waldron and Mr. Evans sponsored Resolution 2014-62 that granted a Certificate of Appropriateness to remove approximately 12 sq. slate and replace with GAF Slateline, Antique Gray with exposed copper valley flashings and White metal drip edge on the South facing roof areas at 458 Center Street. The roof viewed from Center and Market Streets will remain slate with necessary patching and repairs.

H. Certificate of Appropriateness – 42 East Church Street (trim)

Mr. Waldron and Mr. Evans sponsored Resolution 2014-63 that granted a Certificate of Appropriateness to paint the exterior trim at 42 East Church Street.

I. Certificate of Appropriateness – 42 East Church Street (fence)

Mr. Waldron and Mr. Evans sponsored Resolution 2014-64 that granted a Certificate of Appropriateness to install a fence at 42 East Church Street.

J. Certificate of Appropriateness – 424 Center Street

Mr. Waldron and Mr. Evans sponsored Resolution 2014-65 that granted a Certificate of Appropriateness to repair brick masonry walls at 424 Center Street.

K. Certificate of Appropriateness – 262 East Market Street

Mr. Waldron and Mr. Evans sponsored Resolution 2014-66 that granted a Certificate of Appropriateness to replace existing wire fence and construct a new fence at 262 East Market Street.

Voting AYE on Resolutions 9 G through 9 K: Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, and Mr. Reynolds, 7. The Resolutions passed.

Following approval of a motion, President Reynolds clarified and confirmed that Resolutions for Use Permit Agreements with the Sun Inn Preservation Association for Pulaski PolkaFest and GeorgeFest will be listed on the May 6, 2014 City Council Agenda for consideration, rather than being added to the Agenda this evening for consideration.

10. NEW BUSINESS.

Committee Announcement

Chairman Waldron announced a Human Resources and Environment Committee meeting on Tuesday, April 22 at 7:00 PM in Town Hall on the subject of Review of the Mayor’s Appointees to the Parking Authority – Diana Morganelli and the Planning Commission – Matthew Malozi.

Chairman Evans announced a Public Safety Committee meeting on Tuesday, May 6 at 5:30 PM in Town Hall before the Council Meeting. The two items to be considered are Amending Article 307 – Video Amusement Arcades, and Parking Authority – Amending Articles of Incorporation to Increase Term.

Walkability Report

Ms. Reuscher stated that she would like some guidance on where the City stands on advancing some of the walkability standards that were suggested by Jeff Speck in the Walkability Report. She commented this is something she is interested in and would like to talk more about it.

Mayor Donchez replied that he would like to talk to Ms. Reuscher about this. He added that as Co-Chairman of Alan Jennings’ 2014 Committee Action Committee, this will be an agenda item. He said as refinancing for the next 10 years is being looked at, walkability will be one of the main issues that will be discussed.

Ms. Reuscher remarked that she is happy to hear that and will be glad to talk more about it.

11. PUBLIC COMMENT

Fox Environmental Center

Stephen Antalics, 737 Ridge Street, remarked that there are two sides to many coins and the side concerning the Fox Environmental Center will reach full resolution since both parties, the Administration and the President of the Board, will be calmly meeting to reach a mutually satisfactory resolution of the terms of the lease for rent and utility payments. He said the other side of the coin is that the role of a member of this Council, although resigned in the above issue, still has unresolved issues in question. He said there are three non-profits occupying City property, only one is absolved in not paying for rent and utilities. The one not paying is the Fox Center of which a Member of Council has been the CEO. He remarked that the taxpaying citizens are footing the bill for the utilities and since the CEO has a salary, the question becomes has that salary been enhanced since the financial balance of the center might be increased by the non-paying of rent and utilities. Mr. Antalics expressed that the taxpaying citizens of the City have been subsidizing the salary of the CEO who is also a Member of Council. He asked if this can be construed to mean that a Council Member has gained special privileges in terms of financial gain, does this gain raise illegal and ethical questions, and who in the previous Administration authorized it and why. Mr. Antalics questioned is there or is there not another lease, and if there is a lease then functions like weddings, birthday parties and other private events violate that lease. He said if there is no lease then City property is being used for financial gain with no fees given to the City. Mr. Antalics said he wondered if the previous Administration attempted to have a draft lease submitted to the CEO for signature and then was refused. He asked if it is the contention that the CEO of the center attempted to have the City draw up a lease and was not successful and where is the truth. According to the 2011 audit, the center owed the City $127,000 for services rendered but the 2012 audit says it was written off. There appears to be no record of who authorized this write-off and why. Mr. Antalics remarked that on July 21, 2010 the Director of Parks and Public Property sent a letter to the CEO of the center asking for prompt payment of $127,959.83 stating that no further services would be offered by the City. Soon after that, he said, the City began offering all utilities at no charge to the center. He said this serious question needs to be answered, did the CEO who is a Member of City Council have any effect in the debt write-off and the free utilities. Mr. Antalics said, if so, it has to be interpreted as abuse of office. Mr. Antalics pointed out that the Museum of Industrial History recently came under serious scrutiny and this demanded formation of a Grand Jury to resolve the issues. Since so many questions are not being answered and since there are so many conflicting stories, Mr. Antalics stated he feels the best way to resolve this is by the process of subpoena and testimony under oath. He said he will urge via email that the District Attorney of Northampton County form a new Grand Jury so taxpayers and citizens will finally have the truth.

The meeting was adjourned at 7:45 p.m.