Council Minutes
BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Wednesday, May 22, 2002 - 7:30 PM - Town Hall
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
President Gregory called the meeting to order. Mr. Callahan
offered the invocation which was followed by the pledge to the
flag. Present were Jean Belinski, John B. Callahan, James A.
Delgrosso, Robert J. Donchez, J. Michael Schweder, Magdalena
F. Szabo, and James S. Gregory, 7.
Citation - Honoring Francis J. Boyle
President Gregory presented a Citation to Francis J. Boyle on
the occasion of his retirement from the Police Department after
38 years of service to the City. The Members of Council congratulated
Mr. Boyle and wished him well in his retirement.
4. APPROVAL OF MINUTES
The minutes of May 7, 2002 were approved.
5. COURTESY OF THE FLOOR (for public comment on ordinances and
resolutions to be voted on by Council this evening)
None.
6. OLD BUSINESS
EMS Bureau - Acquisition of Vehicle
Mr. Delgrosso said he noticed in the minutes of the Health Board
meeting of April 12, 2002 under EMS it stated that recently
EMS acquired a City vehicle to assist them in their activities
as well as conduct City business. Mr. Delgrosso, highlighting
the fact that in the Proposed 2002 Budget there was a vehicle
for EMS but Council voted to take it out of the Budget, restated
that now EMS has a vehicle, according to the Health Board minutes.
Charles Brown, Director of Parks and Public Property, explaining
that the EMS Bureau had been using an ambulance to conduct daily
business, stated it was prudent that they have a car. Mr. Brown
continued on to say the EMS Bureau has had a car on a trial
basis for the last six weeks.
Mr. Delgrosso recalled that in discussions during review of
the 2002 Proposed Budget it was thought it might be prudent
to pay mileage for trips to and from City Hall. Mr. Delgrosso
asked if a car from the City fleet was given to the EMS Bureau
as opposed to buying one. Mr. Brown confirmed that a car from
the City fleet was given to the EMS Bureau.
Tony Hanna, Director of Community and Economic Development,
advised that an extra car from the Department of Community and
Economic Development's fleet that had been used by the Health
Bureau was moved to the EMS Bureau and made available for their
use. Mr. Hanna confirmed to Mr. Delgrosso that, at the time
the Proposed 2002 Budget was under review, it was not known
there would be an excess car in the Department because a new
vehicle was picked up in the Health Bureau.
7. COMMUNICATIONS
A. Deputy Director of Community Development - Communities of
Opportunity Program Grant - Forte Building and Lehigh University
Parking Garage - Morton Street
President Gregory stated that authorizing Resolutions 11 A and
B are listed on the Agenda.
B. City Solicitor - Use Permit Agreement - Senior Centers -
Parking Cars During Musikfest
President Gregory stated that the appropriate Resolution can
be placed on the June 4 Agenda.
C. City Solicitor - Use Permit Agreement - Senior Centers -
Parking Cars During Celtic Classic
President Gregory stated that the appropriate Resolution can
be placed on the June 4 Agenda.
D. Police Commissioner - Intermunicipal Agreement - Northampton
County Sheriff's Special Response Team
President Gregory referred the matter to the Public Safety Committee.
E. Purchasing Director - Vehicle List and Surplus Property List
- City Auction - June 1, 2002
President Gregory stated that authorizing Resolution 11 C is
listed on the Agenda.
F. Bethlehem Authority - Approval of Timbering
President Gregory requested that the City Solicitor prepare
the appropriate Resolutions for Council's consideration.
G. Director of Community and Economic Development - Modifications
to Recycling Center
President Gregory referred the matter to the Parks and Public
Property Committee jointly with the Community Development Committee.
H. City Solicitor - Use Permit Agreement - Celtic Fest, Inc.
- 2002 Celtic Classic
Musikfest and Celtic Fest - Reimbursement for City Services
Mr. Delgrosso, recounting that last year he had asked about
reimbursement to the City from Musikfest and Celtic Fest, noted
that Musikfest and Celtic Fest pay for Police, EMS, and Fire
service. The difference is that, of the $135,000 cost for Public
Works, Water and Sewer, and Parks and Public Property related
services, approximately 60% or $80,000 was reimbursed by Musikfest
to the City. Under the proposed lease for the next three years,
Musikfest would be expected to pay $83,500 for 2002, $87,000
for 2003, and $90,500 for 2004. Mr. Delgrosso thought that Celtic
Fest had not paid anything for the last several years towards
the cost of Public Works, Water and Sewer, and Parks and Public
Property related services. Mr. Delgrosso questioned whether
any reimbursement amounts are listed in the proposed 2002 lease
for Celtic Fest.
Joseph Leeson, City Solicitor, commenting that he does not recall
any reimbursement amounts being listed, advised that he drafted
the terms of the lease with Celtic Fest in accordance with negotiations
outlined to him by Mr. Brown.
Mr. Brown confirmed there are no reimbursement costs in the
lease with Celtic Fest in the same manner as with the Musikfest
that is negotiated each year.
Mayor Donald Cunningham explained that, apparently, when Celtic
Fest started there was an agreement with the City that for costs
under $20,000 there would not need to be reimbursement. Mayor
Cunningham added that, basically, the same amount of costs for
Musikfest are being covered by Celtic Fest because Celtic Fest
incurs so much less in costs. Mayor Cunningham noted there are
two ways reimbursement could probably be calculated, either
on a percentage basis that would be the same for every festival
or a flat cost based on how much in costs the City will incur
for a festival.
Mr. Delgrosso thought that in festivals of such magnitude there
should be a fairness in that what is applied to one should be
applied to the other in view of the amount of City work that
goes into them. Mr. Delgrosso exemplified that, if the same
percentage; i.e., 60%, used for Musikfest brings in $80,000
out of $135,000 in costs, the amount would be approximately
$14,000 for Celtic Fest.
President Gregory stated his assumption was that Celtic Fest
was paying a certain percentage. Recalling that Council had
asked the Director of Parks and Public Property for the costs
associated with various festivals, President Gregory commented
it should not be difficult to calculate a percentage based on
costs.
Mayor Cunningham highlighted the fact that all of the festivals
reimburse the City on a 100% basis for al of the public safety
functions for Police, Fire, and EMS. The issue concerns the
cost of general City services and how much is recovered. Mayor
Cunningham noted that, because of the uniqueness and timeframe
associated with Musikfest, there were over $100,000 in total
City costs of negotiated reimbursement. While there are costs
for other festivals, the costs are a lot less for a weekend
or one day event. Mayor Cunningham commented that the matter
of reimbursement is a policy issue. Mayor Cunningham mentioned
that the City does have user fees for items such as use of the
bandshell, the Ice House, and so on.
Mr. Schweder, observing the Administration's policy seems to
be that Celtic Fest will not pay based on what Musikfest pays,
questioned whether the proposed Use Permit Agreement between
the City and Celtic Fest is the final decision.
Mayor Cunningham affirmed that the Use Permit Agreement between
the City and Celtic Fest does not have an annual negotiated
reimbursement as does the Use Permit Agreement between the City
and Musikfest. Mayor Cunningham explained that, when Musikfest
asked for a multi-year lease, the City agreed with the stipulation
that a negotiated annual payment would be incorporated into
the lease. Mayor Cunningham continued on to say that Celtic
Fest and other festivals have not asked for a multi-year lease
and come to the City annually to request another lease, and
the Administration has not negotiated a repayment schedule to
be placed in the lease.
Mr. Schweder, commending the Administration for their negotiations
with Musikfest that had not been done up to that time, restated
that the issue before Council is not whether it will be a flat
rate or a percentage for Celtic Fest. Rather, the policy is
that Celtic Fest will not make those payments.
Mayor Cunningham, confirming that Mr. Schweder is correct, emphasized
that the only lease agreement the City has with an entity for
use of City property that contains a reimbursement payment schedule
is with Musikfest. Mayor Cunningham, while pointing out that
as a policy the Administration could do so, advised that the
Administration has chosen not to.
President Gregory commented that it would probably be beneficial
for the matter to be reviewed by the Parks and Public Property
Committee.
I. City Solicitor - Use Permit Agreement - Bethlehem Area Chamber
of Commerce - 2002 Annual Golf Outing and Walla Gazoo Picnic
President Gregory stated that the authorizing Resolution can
be placed on the June 4 Agenda.
J. City Solicitor - Use Permit Agreement - Bethlehem Musikfest
Association - Musikfest 2002, 2003 and 2004
Musikfest - Use of Bethlehem Police Officers
Mrs. Belinski advised it came to her attention over the weekend
in a discussion with one of the Police Officers that Musikfest
had indicated the services of the City of Bethlehem's Police
Officers would be utilized during the active festival. However,
in an effort to reduce expenses, Musikfest has asked to use
the services of a private security company during set up and
take down, and from closing until the next morning. Mrs. Belinski
continued on to advise she was informed that the FOP had a meeting
about the matter, attended by about 60 Officers, and the Officers
in attendance unanimously agreed not to provide security for
Musikfest since Musikfest was going to use private security
at certain times. Mrs. Belinski, adding it is her understanding
that, since the Bethlehem Police Officers work at Musikfest
on a voluntary basis, those in attendance at the meeting decided
not to volunteer their services. She questioned whether the
City wants private security handling the crowds that Musikfest
generates.
Mayor Cunningham clarified that the way in which Musikfest,
as with most special events, is handled in the City is with
Roster Duty Police Officers. Mayor Cunningham continued on to
explain that the FOP handles and schedules all of the Roster
Duty assignments, and the Police Department administration nor
the City Administration are not directly involved except to
ensure that there is proper coverage. Mayor Cunningham said
"we would never accept having anything but Bethlehem Police
Officers policing the festival the entire time of the festival
any time there's crowds there." Mayor Cunningham advised the
Administration has made clear that during the week of the festival
the City wants to have its Police Officers even on the overnight
shifts. The Mayor expressed that the issue he thinks is the
sticking point between the Musikfest and the FOP is what is
referred to as pre and post Musikfest which means during those
times when equipment is set up over the course of the week in
advance of when the festival begins, and when the festival concludes
it takes a few days to take out all of the equipment. Mayor
Cunningham stated it is the desire of Musikfest to not contract
with Bethlehem Police at their full rate to guard equipment
prior to and after the festival. Mayor Cunningham advised that
the Administration and Police Department administration do not
really have leverage to say that Musikfest has to contract with
Bethlehem Police to guard equipment when there is no festival
taking place. Mayor Cunningham, affirming that the use of Bethlehem
Police during times when there is no active festival is preferred
and has been made known to Musikfest, informed the Members of
Council that is being discussed now and there is no conclusion
as yet. Mayor Cunningham, confirming to Mrs. Belinski that Musikfest
desires not to use Bethlehem Police in the pre and post festival
times to guard equipment, reiterated "we would not allow for
any private security during the festival."
Mrs. Belinski, referring to page 3 of the proposed Use Permit
Agreement, pointed out it states that permittee (Musikfest)
agrees to use City of Bethlehem Police Officers exclusively
for all crowd control and traffic duties, and thought that should
be changed. Mrs. Belinski communicated that would be a good
reason for the Parks and Public Property Committee to meet and
discuss an amendment to make sure that City of Bethlehem Police
Officers patrol all the time, before, after, and the midnight
shift.
President Gregory observed that perhaps the Use Permit Agreement
for Musikfest could have similar language to that for Celtic
Fest which states that the permittee must provide and pay for
Bethlehem Police Officers at all times during the festival.
Mrs. Belinski wondered what would happen in the event that Bethlehem
Police Officers decide not to volunteer for Roster Duty at Musikfest.
Francis Donchez, Police Commissioner, advised that overtime
can be mandated in emergency situations. Police Commissioner
Donchez continued on to point out that, during the active festival,
there are over 100,000 people in town daily, and there are traffic
and safety issues that constitute an emergency situation.
President Gregory, noting he was aware of the issue before this
evening's meeting, advised that he had asked the Solicitor to
look into the question. President Gregory stressed that definite
answers are needed before the festival begins.
Police Commissioner Donchez confirmed that the Police Department
and City Administration have continued to be in discussions
with the FOP and Musikfest in an effort to resolve the issue.
Mayor Cunningham, adding he is optimistic the issue will be
amicably resolved, stated that the FOP's and the Administration's
concerns about not using Bethlehem Police during pre and post
festival have been communicated to Musikfest.
Mrs. Belinski, recalling that Musikfest has expressed worry
about the effect that weather could have on the festival, highlighted
the fact that supposedly Musikfest was putting money in reserve
over the years for such an eventuality, but now wants to "pinch
pennies" over the issue of security.
President Gregory observed it would probably be beneficial for
this matter as well to be reviewed by the Parks and Public Property
Committee.
8 . REPORTS
A. President of Council
Reopening of Broad Street Pedestrian Mall to Traffic
President Gregory, with reference to newspaper articles, noted
that allegedly there were too few people to work on the project
to reopen the Broad Street pedestrian mall to traffic and asked
the status of the project.
Michael Alkhal, Director of Public Works, explaining there is
competing interest for a contractor's time as always happens,
advised that Grace Industries is still committed to the completion
date of July 11, 2002. Mr. Alkhal, affirming that during some
portions of the job the City pressed the contractor about having
sufficient resources, advised that eventually more resources
were committed to the job. Mr. Alkhal communicated it is probably
unfair to say they did not have enough.
Drought Waiver Request
President Gregory, noting he has talked to the Administration,
stated they have no problem if Council wants the Administration
to submit a form requesting a waiver from the State's drought
restrictions. President Gregory, recalling concern that had
been expressed at the past Public Works Committee meeting, highlighted
the fact that the State has taken Carbon County off the emergency
list and put it on a drought watch status eliminating that concern.
President Gregory stated that he would like to have Council
direct the Administration to fill out the waiver request. Advising
that he spoke directly with Mr. Gansell, the State Drought Emergency
Coordinator, President Gregory related that Mr. Gansell's feeling
was focused on two main issues of adequacy of supply and enforcement.
President Gregory highlighted the fact that the City's water
supply level is over the spillway, and added that he thought
the enforcement issue could be addressed. President Gregory
pointed out the City can request that just a portion of the
City's water supply area; i.e., the City of Bethlehem, can be
considered for a waiver, which is covered by the City's Police
Department. Consequently, President Gregory expressed that he
does not see there would be any issues that would forestall
requesting a waiver. President Gregory restated that, unless
there is an objection, he would like Council to ask that the
Administration fill out the forms to request a waiver and submit
the request to the State.
In response to Mr. Delgrosso, President Gregory affirmed that,
according to the form, a waiver can be requested for the whole
system or a portion thereof. President Gregory, commenting he
was willing to ask for a waiver for the whole water system but
it seemed that was a sticking point in view of enforcement issues,
noted that is certainly not an issue for the City. Furthermore,
in light of the fact that the City has adequate water supply,
and since the City itself does not have any enforcement issues,
President Gregory said he does not see why the City would not
be granted a waiver.
Kathleen Reese, Director of Water and Sewer Resources, stated
it does bring into the question the issue of fairness and equity
to all customers who are all paying for the same utilities.
Ms. Reese said she is not sure that the law promulgated by the
State actually speaks to the issue of a water supplier only
asking for a waiver from a drought emergency declaration for
a prescribed area of their system and not asking for the entire
system.
President Gregory advised that his preference was to ask for
a waiver for the entire system which, he noted, could be requested
first. If the answer comes back no because of an enforcement
problem, then the request could be made for the City of Bethlehem.
Ms. Szabo expressed the belief that asking for a waiver for
the City of Bethlehem would be a bad will situation, there would
be letters of complaint to the editors of the newspapers, and
it would be an unfair situation. Ms. Szabo asked if President
Gregory wanted the waiver request mailed immediately or at some
future date.
President Gregory replied he would like it to be mailed immediately.
Ms. Szabo asked what is the latest status of the water situation.
Ms. Reese pointed out that the number one issue for the State
for southeastern Pennsylvania is the depressed ground water
tables, while stream flows and soil moisture are fine. Ms. Reese
advised that, as of last Tuesday, the ground water tables were
severely depressed below the drought emergency level so there
is a reason why the State has not lifted the drought emergency
for counties to the South because ground water tends to flow
South.
Motion - Drought Waiver Request
Mr. Schweder moved that Council recommend that the Administration
petition the Commonwealth of Pennsylvania for a waiver for the
entire system. Mr. Donchez seconded the motion.
Mr. Callahan said he would not support it for a number of reasons,
and expressed his agreement with Ms. Szabo's comments that it
sends the wrong message. Mr. Callahan stressed that, if the
goal is to highlight the quality and abundance of water in the
City in order to further market the City's water system to outside
municipalities and then the City turns around and seeks approval
for just the City and it were to be approved, he does not want
to "go down that path". Mr. Callahan thought that the State
spent a lot of time and expertise in managing the issue of water
throughout the southeastern part of Pennsylvania and if they
feel it would be good for the City to work under drought restrictions
or emergency then he would defer to them. Mr. Callahan pointed
out that, in the past, cooperation under the drought restrictions
has done nothing in terms of consumption of water in the City,
and it is his understanding that the consumption has gone up
under restrictions. Mr. Callahan, remarking he does not think
a waiver will do anything in terms of use of water, stated that
he would support it if he felt that it would increase revenues.
President Gregory advised that, upon checking with Jeffrey Andrews,
Water Supply and Treatment Superintendent, water usage has gone
down, particularly May 2002 as compared with May 2001.
Kathleen Reese, Director of Water and Sewer Resources, while
confirming that President Gregory is right that there has been
a drop off in flow, said however it actually occurred in the
year 2001 compared to the prior year 2000. In 2001, there were
11 out of 26 reporting periods higher than the previous year,
with 15 out of 26 lower than the previous year. There has been
a reduction in flow out of the treatment plant that is tied
to issues such as Bethlehem Steel, Upper Saucon, and those are
issues outside of the City's control. Statistically, the difference
in flow this year to last year, if one takes out of the equation
the fact that in April there was 3 inches more rain than the
April of the year before, are almost identical. Ms. Reese affirmed
to Mr. Callahan there are other factors involved other than
the drought.
Ms. Szabo asked have there been a lot of calls to City Hall
protesting the lack of a waiver.
Mayor Cunningham replied his office has received none. President
Gregory noted that the Police Department has received a number
of calls. Ms. Reese responded that her Department has not received
any telephone or written complaints protesting the fact that
the City of Bethlehem has not applied for a drought waiver exemption.
However, Ms. Reese advised that her Department has received
concerns expressed by citizens relative to the issue of the
drought emergency wanting their neighbors to take the restrictions
seriously. Ms. Reese informed the assembly that 50-60 letters
have been received requesting permission to fill or top off
swimming pools. In each case, with the exception of one that
was for an ornamental fountain, the requests have been approved.
President Gregory observed that is probably why the State set
up a waiver procedure for situations such as Bethlehem's. President
Gregory continued on to note that if the State has concerns
those may be imparted. President Gregory felt that at least
the request should be made and the State can make a decision
on the waiver. President Gregory stressed that the opportunity
for the State to make a decision will not be given if the request
is not sent to them.
Mr. Donchez, expressing his agreement, said he does not see
anything wrong with applying for a waiver. If the State believes
it is not in the best interest of Bethlehem and the other communities
that get Bethlehem water then they will reject it.
Voting AYE: Mrs. Belinski, Mr. Delgrosso, Mr. Donchez, Mr. Schweder,
and Mr. Gregory, 5. Voting NAY: Mr. Callahan, and Ms. Szabo,
2. The motion passed.
Mayor Cunningham noted that the Administration will comply with
Council's request and will proceed tomorrow with advancing the
request for a waiver.
B. Mayor
1. Administrative Order - Deni Thurman-Eyer - Fine Arts Commission
Mayor Cunningham reappointed Deni Thurman-Eyer to the Fine Arts
Commission effective until April 2005. Mr. Delgrosso and Mr.
Donchez sponsored Resolution 13,813 to confirm the appointment.
Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution
passed.
2. Administrative Order - Anthony M. Silvoy - South Bethlehem
Conservation District Commission
Mayor Cunningham reappointed Anthony M. Silvoy to the South
Bethlehem Conservation District Commission effective until April
2005. Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,814
to confirm the appointment.
Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution
passed.
3. Administrative Order - A. Craig Evans - South Bethlehem Conservation
District Commission
Mayor Cunningham reappointed A. Craig Evans to the South Bethlehem
Conservation District Commission effective until April 2005.
Mr. Donchez and Ms. Szabo sponsored Resolution 13,815 to confirm
the appointment.
Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution
passed.
4. Administrative Order - John Tallarico - Bethlehem Parking
Authority
Ms. Szabo questioned whether Wedgewood Road is in the City of
Bethlehem.
President Gregory, noting that it is not, asked what is the
law concerning residency of members of Authorities.
Joseph Leeson, City Solicitor, while pointing out that the law
has changed, commented that in the absence of checking the law,
he does not want to make a statement about it.
Mayor Cunningham affirmed that the State changed the law so
that Authority members do not have to reside in the City. Mayor
Cunningham stated that Mr. Tallarico has a business in the City
of Bethlehem on Linden Street.
President Gregory, commenting that he could accept a motion
to table the Resolution, observed it would be sensible to have
the City Solicitor and City Council Solicitor review the law.
Mayor Cunningham advised that the City's Ordinance that created
the Parking Authority never required City residency. Mayor Cunningham,
recounting that about a year ago the State changed the law to
require all Authority members to live in the jurisdiction, confirmed
that the law was rescinded and changed back to way it had been
originally.
Mr. Delgrosso observed that State law addresses Parking Authorities
and supersedes local legislation. Mayor Cunningham recalled
that the Pennsylvania League of Cities and Municipalities issued
their Legislative Bulletin that reported on the General Assembly's
reversal on the law regarding residency of Authority members
which Members of Council have received.
Ms. Szabo stated that she would like to see a legal opinion
on the question. Attorney Leeson informed the Members that he
would check the law now and report back to Council before the
end of this evening's meeting.
Mr. Schweder moved to Table the Resolution, subject to call
later this evening. Mr. Delgrosso seconded the motion. Voting
AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez,
Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The motion passed.
5. Administrative Order - Thomas Herstich - Codes Board of Appeals
Mayor Cunningham appointed Thomas Herstich to the Codes Board
of Appeals effective until January 2005. Mr. Donchez and Mr.
Delgrosso sponsored Resolution 13,817 to confirm the appointment.
Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution
passed.
Customer Service Assistant
Mayor Cunningham introduced Richard Heberling, resident of Northampton
Borough, who was hired as the Mayor's Customer Service Assistant,
to replace Stephen Nemes who resigned to become Parking Authority
Executive Director. Mayor Cunningham informed the Members that
Mr. Herberling spent two terms on the Northampton Area School
Board.
9. ORDINANCES FOR FINAL PASSAGE
A. Bill No. 15 - 2002 - Amending Article 1739 - Regulated Rental
Unit Occupancy - Inspection Schedule
The Clerk read Bill No. 15 - 2002, Amending Article 1739 - Regulated
Rental Unit Occupancy - Inspection Schedule, on Final Reading.
Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No.
15 - 2002, hereafter to be known as Ordinance 4131, was declared
adopted.
10. NEW ORDINANCES
None.
11. RESOLUTIONS
A. Authorizing Execution of Grant Agreement - Communities of
Opportunity Program - Community Action Committee of the Lehigh
Valley - Forte Building
Mr. Schweder and Ms. Szabo sponsored Resolution 13,818 which
authorized the Mayor and the Controller to enter into a grant
agreement through the Communities of Opportunity Program in
the amount of $200,000 with the Commonwealth of Pennsylvania
for Contract No. 21-170-0084, to be used to assist the Community
Action Committee of the Lehigh Valley, Inc. in the rehabilitation
of the Forte Neckwear property.
Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution
passed.
B. Authorizing Execution of Grant Agreement - Communities of
Opportunity Program - Lehigh University Parking Garage - Morton
Street
Mr. Donchez and Mr. Schweder sponsored Resolution 13,819 which
authorized the Mayor and the Controller to enter into a grant
agreement through the Communities of Opportunity Program in
the amount of $1,500,000 with the Commonwealth of Pennsylvania
for Contract No. 21-170-0067, to be used to assist Lehigh University
in the construction of a parking facility located on Morton
Street.
Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution
passed.
C. Approving Items - Annual City Auction
Mr. Callahan and Mr. Delgrosso sponsored Resolution 13,820 which
authorized the proper officials to conduct a public auction
of the vehicles and equipment per the list identified as Exhibit
A.
Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution
passed.
D. Certificate of Appropriateness - 25 East Market Street
Mr. Schweder and Mr. Donchez sponsored Resolution 13,821 which
denied a Certificate of Appropriateness to replace windows at
25 East Market Street.
Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution
passed.
Motion - Considering Resolutions as a Group
Mr. Donchez and Mr. Schweder moved that Resolutions 11 E through
11 H be considered as a group. Voting AYE on the motion: Mrs.
Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder,
Ms. Szabo, and Mr. Gregory, 7. The motion passed.
E. Certificate of Appropriateness - 123 East Market Street
Mr. Donchez and Mr. Schweder sponsored Resolution 13,822 which
granted a Certificate of Appropriateness to install a bay window
at 123 East Church Street.
F. Certificate of Appropriateness - 25 East Market Street
Mr. Donchez and Mr. Schweder sponsored Resolution 13,823 which
granted a Certificate of Appropriateness to install storm windows
at 25 East Market Street.
G. Certificate of Appropriateness - 64 West Church Street
Mr. Donchez and Mr. Schweder sponsored Resolution 13,824 which
granted a Certificate of Appropriateness to install a sign at
64 West Church Street.
H. Certificate of Appropriateness - 408 North New Street
Mr. Donchez and Mr. Schweder sponsored Resolution 13,825 which
granted a Certificate of Appropriateness to install a utility
shed/out building at 408 North New Street.
Voting AYE on Resolutions 11 E through 11H: Mrs. Belinski, Mr.
Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo,
and Mr. Gregory, 7. The Resolutions passed.
12. NEW BUSINESS
Commerce Way Project
Mr. Schweder stated that he wanted to comment on a newspaper
article of last week concerning a possible delay in the work
on the Commerce Way. Mr. Schweder remarked that he viewed the
Mayor's comments reported in the article with great alarm. Mr.
Schweder expressed concern that the Mayor's statements might
send the wrong message, a message that Mr. Schweder said he
does not want to send. Mr. Schweder continued on to say he thinks
it sends the wrong message to Majestic real estate development
company, to Bethlehem Works, to the citizens of Bethlehem, and
to Northampton County Council in light of its bond issue that
included funding for the project. Mr. Schweder recalled that
representatives of Majestic had made a presentation to Northampton
County Council in response to concerns raised by new County
Council members. The developers had made the arguments that
Northampton County Council felt were sufficient for funding
for the project to proceed. Mr. Schweder expressed it was absolutely
necessary for Bethlehem City Council to go on record in saying
they want the project to proceed, and to proceed with great
speed, in that it is something that needs to be done. Mr. Schweder
noted he had the opportunity to speak with Mr. Hickey, of Northampton
County government, earlier this week, and Mr. Hickey felt that
perhaps how the press portrayed the Mayor's statements was not
accurate. Mr. Hickey told Mr. Schweder what is under consideration
now is the determination of where costs will ultimately rest,
and that is being negotiated between the attorneys for the City
and for the County. Mr. Hickey was led to believe the matter
might be resolved within a matter of weeks. Mr. Schweder stated
it would be incumbent both on Northampton County and the City
Administration to let Bethlehem City Council know as soon as
that may take place so the matter may proceed. Mr. Schweder
explained that he also spoke with Mr. Barron of Bethlehem Works
and understands there are certain deadlines that must be met
in the process or the funding from Northampton County will be
placed in jeopardy. Mr. Schweder, speaking for himself, said,
if there are delays, he is prepared to ask City Council to unilaterally
move ahead with the project, whether the Administration supports
it or not. Ultimately, Mr. Schweder stated that the fiscal responsibility
to determine whether the money will be spent on the project
rests with City Council. Mr. Schweder continued on to explain
that City Council could adopt a Resolution or develop authorizing
language for appropriation of the funds that will direct the
City Controller to take the necessary steps to implement the
process. Mr. Schweder said he is looking forward to opportunities
to talk to the Pennsylvania Department of Transportation as
well to see if it is necessary for them to take a more active
role. Mr. Schweder, observing that the process is at a very
critical point, stated he is committed to do whatever it is
in cooperation with the Administration or without to see that
the project takes place. Mr. Schweder expressed the hope that
there will be information before the next City Council Meeting.
Mr. Schweder commented that he would direct City Council's Solicitor
to look at the options in view of deadlines in order that the
project will move forward.
Mayor Cunningham advised that if City Council wants to move
expeditiously it can start tonight since the Administration
will have to present to the Members of Council the line item
in the Budget. Mayor Cunningham continued on to explain there
is the need to have a contract in place that requires a flow
through of dollars from Northampton County to the City. Mayor
Cunningham remarked that Mr. Schweder's alarm is surprising
in that, when the Federal Grant was involved in the reopening
of the Broad Street Pedestrian Mall project, City Council took
a very firm position that the Administration should not begin
the process on the project unless there was a firm contract
in hand that stated clearly there were funds available from
the Federal Government that would pass through LANTA, or that
the money was in hand. Mayor Cunningham, affirming that the
Administration has followed that direction of City Council,
informed the Members that the Administration has been negotiating
with Northampton County Administration to ensure that the Bethlehem
taxpayers are not left holding the bills on the Commerce Center
project. Mayor Cunningham, while acknowledging that the Commerce
Center project is funded by Northampton County, highlighted
the fact that the City of Bethlehem is the lead agency and has
issued Requests for Proposals for engineering work. Mayor Cunningham
stressed that, if City Council is content with the Administration
using City funds for engineering costs, which would be a complete
reversal of the Broad Street Pedestrian Mall Reopening policy,
then the Administration would be willing to move ahead. Mayor
Cunningham reiterated that the Administration was following
the process it thought was consistent with the policy that was
set by Council. In regards to the ultimate construction of Commerce
Way, Mayor Cunningham expressed the belief that the City should
be prudent in view of the fact that the land will need to be
sold to a developer to construct an industrial park. Mayor Cunningham,
confirming that the City has allocated about $11-12 million
in streetscapes and roadwork on 80 acres of the Bethlehem Works
project, pointed out that not one parcel of land has yet been
sold nor has development taken place. Mayor Cunningham restated
that the City should be prudent in constructing a roadway if
the land ultimately is not to be sold. Mayor Cunningham affirmed
that the Administration has worked extensively with the Majestic
company and with Bethlehem Steel, and has communicated with
Northampton County. Mayor Cunningham, asserting that the Administration
is being prudent in the management of ultimately taxpayer dollars
on this issue, expressed he is confused in that he thought the
Administration was following the course that City Council laid
out to the Administration as it proceeded with Federal grant
money for an infrastructure project for the reopening of the
Broad Street Pedestrian Mall.
Mr. Schweder noted there are deadlines and requirements in the
process that are within the next few weeks. Mr. Schweder restated
that the matter ultimately rests with the attorneys, it should
be before Council, and there should be expeditious action. Mr.
Schweder thought that over the last several years there have
been any number of needless delays in the Bethlehem Works and
other places to cause the inability of many of the projects
to move forward. Mr. Schweder expressed his concern is that
the same thing will happen here. Mr. Schweder felt the City
should be doing everything in its power to make sure the project
occurs in a timely fashion that does not jeopardize development.
Mayor Cunningham, referring to the Northampton County Bond Issue
and the related politics, commented that if Council could feel
100% confident that all the money is there and can establish
a line item without a contract in place to protect Bethlehem's
taxpayers then Council can go ahead. Mayor Cunningham stressed
that the Administration is not delaying anything. Rather, Joseph
Leeson, City Solicitor, has been negotiating with Northampton
County to get the agreement in place. Mayor Cunningham asserted
there has been nothing but expeditious work on the part of the
Administration to advance the roadway project. Mayor Cunningham
communicated that if there has been any delay related to funding
of infrastructure for Bethlehem Steel redevelopment it has come
from the recent political developments in Northampton County
and not from any empathy in the Administration.
Mr. Delgrosso pointed out that the engineering work for the
Broad Street Pedestrian Mall reopening project was already done
prior to funding for construction being received. Mr. Delgrosso
further recounted that City Council was waiting until the money
was received since the Controller could not sign any contracts
until the money was in place. Mayor Cunningham highlighted the
fact nor can there be signatures now. Mr. Delgrosso noted his
understanding is there is money in the Northampton County bond
issue for the Commerce Way project.
Tony Hanna, Director of Community and Economic Development,
informed the Members of Council that the City does not have
a contract with Northampton County.
Michael Alkhal, Director of Public Works, explained that the
City did all the engineering work in house for the Broad Street
Pedestrian Mall reopening project and so did not incur any outside
costs. However, with the Commerce Way project, the City will
need some assistance from an outside firm for the preparation
of plans and specifications.
President Gregory expressed the concern was that it appeared
Northampton County Council was holding up the bond issue money
and City Council was surprised to read in the paper that Mr.
Hickey said the money was available. While communicating he
does not know that a policy was actually set with the Broad
Street Pedestrian Mall reopening project, President Gregory
imparted that what City Council is saying now is if costs need
to be incurred to get moving with the Commerce Way project then
the City should get moving in view of the fact that Northampton
County is saying that they have the $13.5 million dollars for
the project. President Gregory, highlighting the fact that a
lot of money is at stake, stated that Council does not want
to take any chances of having the money go away in view of interest
that has been expressed about moving monies from the City of
Bethlehem to the rest of Northampton County.
Attorney Leeson confirmed that the Law Bureau has been successful
in defending the Northampton County bond issue against multiple
legal attacks challenging the bond issue. After the successful
defense was concluded, Attorney Leeson was given instructions
by the Mayor about six months ago to proceed with starting a
negotiation process with Northampton County on behalf of the
City of Bethlehem to get the money released. Attorney Leeson
continued on to advise that Northampton County indicated that
the bond issue money is actually in the custody of the Northampton
County General Purpose Authority with which negotiations have
been initiated. Their Solicitor is in the process of preparing
a template agreement for use with the various municipal governments
throughout the area for the local municipalities to act as the
agent of the Northampton County General Purpose Authority in
the disbursement of the bond issue funds. Attorney Leeson several
months ago indicated to the Authority some of the requirements
that the City of Bethlehem would request; mainly, that the City
would have control of the funding to spend it on an as-needed
basis to fund the Commerce Way project. Simultaneously, about
six months ago after successful conclusion of the defense of
the bond issue, Attorney Leeson advised that he and the Mayor
met with Mr. Alkhal and indicated to him that the City wanted
to be ready to go ahead with the project as soon as it had the
money in hand, and the process of seeking proposals from engineering
firms commenced several months ago. The proposals have been
received and the evaluations completed. Next week, a meeting
is scheduled with a legal representative of the Bethlehem Steel
Corporation to brief him on the current status of the project.
Attorney Leeson confirmed he has been proceeding to try to get
a negotiated agreement to present to City Council that would
be as favorable as possible to the City to offer flexibility
over the custody and spending of the money related to the project.
Attorney Leeson informed the Members that the City has not yet
received the template from the Northampton County General Purpose
Authority. Attorney Leeson affirmed that things have been happening
although not as fast as the City would like.
Attorney Leeson affirmed to Mr. Schweder that the template has
not been forwarded to him. Attorney Leeson further advised that
no deadline information has been shared with him. Mr. Schweder
stated that Mr. Barron informed with him there were requirements
for meeting specifications within PennDot and there were only
several weeks left. Attorney Leeson, restating he was not aware
of that, suggested that Mr. Barron could share the information
with the Administration. Mr. Hanna notified Mr. Schweder that
in his conversations with Mr. Barron he was not informed about
any missed deadlines. Mr. Hanna noted that Mr. Hickey advised
him that the template would probably be in Attorney Leeson's
possession sometime next week. Mr. Hanna later added that he
also met with representatives of Majestic real estate company,
they understood the timeline, and they were fine with it. Mr.
Hanna continued on to advise that Majestic is not in the position
to be ready for the road construction at this point anyway.
Mayor Cunningham reiterated that he thought the Administration
was acting in the interest of City Council and would never bring
a request to the Members of Council for a line item to be established
without either having a contract in hand or the funds in the
City account because that is the process that was followed with
the Broad Street Pedestrian Mall reopening project, and emphasized
he thought that is the prudent way for the taxpayers of the
City.
President Gregory, observing there seems to be miscommunication,
suggested that perhaps Mr. Hickey and representatives of Majestic,
as well as the Chairmen of the Community and Economic Development
Committee and Finance Committee, could review the matter. President
Gregory pointed out that it seems Northampton County bond issue
money is already being doled out.
Mayor Cunningham commented that a meeting is not really needed
but rather either a contract or the money from Northampton County
so that the project can start.
Attorney Leeson explained that the Northampton County General
Purpose Authority is required by law to enter into contracts
for construction work unless they can get the City to do it.
Mr. Schweder questioned if the project is moving along what
was the purpose to publicly state that the City might not proceed
with the project, or was the Mayor misinterpreted.
Mayor Cunningham, stressing that he never said that the City
was not going to proceed, explained he had stated the City would
not sign a contract with an engineering firm until the City
had a contract or the money from Northampton County. Secondly,
the Mayor said the Administration felt it was imperative for
Bethlehem Steel to at least have an agreement of sale in hand,
knowing that the 550 acres was going to an outside investor
and an industrial park developer. Mayor Cunningham reiterated
that the Administration thought it was consistent with what
City Council wanted to see from a financial responsibility level.
Mr. Donchez advised that he spoke with a member of Northampton
County Council a few days ago and he felt the perception is
that the City may not be moving aggressively or fast enough
to try to get the release of the money.
Mayor Cunningham stated that City Council could assist by passing
a Resolution asking Northampton County to send to the City the
$13.5 million, or to sign the contract. In response to Mr. Schweder,
Mayor Cunningham explained that the contract ensures that the
Northampton County bond issue money is actually there. Mayor
Cunningham continued on to explain that the Administration would
rather not work on a reimbursement basis but to have the bond
issue money transferred to the City. If the City has to work
on a reimbursement basis, Mayor Cunningham stressed the Administration
wants to ensure dollar for dollar that money spent out of the
City's General Fund on outside engineering costs will be reimbursed
to the City from the Northampton County General Purpose Authority.
Mayor Cunningham stated that absent having that kind of contract
or the money in hand presents a risk in the City's spending
the money.
Ms. Szabo expressed that she was upset about the newspaper article
because last year she spent many hours at the Northampton County
Council meetings about the bond issue. Ms. Szabo stressed that
the argument the City listened to for a year was that the City
was not going to undertake the project until there was a guarantee
that the land is going to be developed. Ms. Szabo wondered why
the matter was mentioned in the press if there is progress being
made. Ms. Szabo, informing the assembly that she attended a
Northampton County Council economic development meeting, related
that on April 10, 2002 Mr. Santini told her that the committee
has recommended passing of the grant to the project. Ms. Szabo
continued on to relate that Mr. Hanna had informed her that
the contract for Commerce Way had not yet been received.
Mayor Cunningham stressed what he is worried about is in his
capacity of protecting the financial interests of the Bethlehem
taxpayers, and that is what he is trying to get done.
President Gregory observed that everyone is concerned about
the Bethlehem taxpayers and Council would hate to see them lose
either Majestic or the $13.5 million.
Mayor Cunningham reiterated his statement that it is the taxpayer's
money, and he thinks it would be a mistake for the City to spend
$13.5 million to build the roadway if Bethlehem Steel is not
going to sell their land for development. Mayor Cunningham asserted
the City ought to make sure there is an agreement of sale and
there is going to be transfer of land to a developer, in view
of the financial situation of the Bethlehem Steel Corporation.
Otherwise, a lot of money would be put into a road when there
is no certainty of the land being developed. Mayor Cunningham
stressed it is prudent to follow that course.
Mr. Delgrosso said the concern he hears and that he has is that
the City not lose the $13.5 million and that it is spent on
the road structure. Mr. Delgrosso continued on to express the
belief that, once a road structure is put in a development,
then there will be a developer. Mr. Delgrosso compared the situation
with an industrial park where the roads are built first and
then the tenants come. Mr. Delgrosso said he would like to see
the matter move forward as fast as possible so that the money
is not lost.
Mr. Hanna explained that the road would be an access road from
Route 412 to a network of roads that Majestic is committed to
build and it is not the same type of infrastructure that was
put in Bethlehem Works phase one. Mr. Hanna remarked that, unless
there is a developer making a commitment at the end of the road,
it will be a road to nowhere. Mr. Hanna advised that Majestic
is moving along at a pace they and the City are comfortable
with. Mr. Hanna reiterated the key holdup is that the City is
waiting for a contract from Northampton County. Mr. Hanna said
he was advised by Mr. Hickey that the City should have the contract
next week, and the Administration will move on it as expeditiously
as it can.
Mr. Callahan said he does not think anyone has worked harder
than the Administration to secure the inclusion of the money
in the Northampton County Bond Issue. Mr. Callahan, agreeing
that the Administration is acting prudently, thought there is
significant risk, particularly in view of contentious arguments
about the bond issue. Mr. Callahan thought there was more risk
of the City not receiving the Northampton County bond issue
money because of lawsuits and delays than there would have been
of the City not receiving the Federal money for the Broad Street
Mall reopening project. Mr. Callahan stressed that he feels
the Administration acted completely consistent with Council's
requests with regard to funding for the Broad Street Mall reopening
project. Mr. Callahan asserted the problem is that the money
is still in Northampton County but not in the City of Bethlehem.
When the contract is in place to ensure, dollar for dollar,
that the City gets its money back for project costs, then everyone
would be in agreement that the project should move forward.
Mr. Callahan, observing it is a significant investment of taxpayer
dollars, commented that, as Mr. Hanna pointed out, building
the roadway may not mean that a project would move forward without
a developer to connect the road to something significant. Mr.
Callahan recounted that everyone was in agreement that a parking
garage should not be built at the corner of Broad and Main Streets
until a developer's agreement was in place, and that significant
taxpayers dollars were not going to be invested until the City
would be sure that a project would move forward. Consequently,
Mr. Callahan denoted that is also consistent with the way that
the monies from the Northampton County Bond Issue are being
handled.
Mr. Delgrosso recalled that the Ordinance reflecting the Federal
monies for the Broad Street Mall reopening project was passed
on First Reading and did not have Final Reading until the contract
was in place. Mr. Delgrosso stated he would be happy to do that
again in this case if that is what needs to be done.
Mr. Callahan highlighted the fact that the roadway for the Bethlehem
Works project has been completed for a number of months and
there has not been a single development there.
President Gregory, acknowledging that the $13.5 million is taxpayers'
money, emphasized there is awareness that there are a lot of
other well-represented municipalities in Northampton County
that want the money and "probably would build the road to nowhere".
President Gregory agreed with Mr. Delgrosso's comments that
if the road is there development will occur. President Gregory
continued on to explain the concern is that, if the City says
"that's taxpayers' money; we have to watch out", then other
communities will be less inclined to be protective of the County's
bond issue money and say "we'll take it; we'll use it". President
Gregory communicated it is obvious there is a desire to expeditiously
move the Commerce Way project along, to do everything possible
to get the $13.5 million, and to get the roads started.
Mr. Schweder inquired about the length of the road. Mr. Alkhal
responded it is about 4,200 feet. Mr. Schweder observed that
represents the access road from Route 412 into the property.
Mr. Schweder continued on to express his understanding is that
engineering design would go forward for the additional parts
as there was development; i.e., as other development would take
place within the area there would be design requirements and
additional roads that would be built off the access road. Mr.
Alkhal clarified it would be done by the developer. Mr. Schweder
inquired whether, if the City got the money from the County
and got a contract, then the City would immediately go ahead
and build the road; or, Mr. Schweder continued on to query,
would it be contingent on whether the City had an agreement
with the developer to go in and develop the land.
Mayor Cunningham replied "if we have the contract or the money,
my recommendation to Council would be establish the line item,
pay the engineering firm to design the road. The design of the
road will take�six months to design the road. In the course
of that six months, I think we would press clearly upon the
steel company and the developers that we would want to see a
land sale agreement in place. If the money would be spent on
the design, it would be paid for by the County. If at that point,
we can make a decision, you've got a developer, you've got land
moving for sale, then you go ahead and start doing the project
to build the road. We have a six month window there to get the
land sale and the development piece done." Expressing his agreement
with the comment that infrastructure is necessary to spur development,
Mayor Cunningham emphasized that there is a land owner (Bethlehem
Steel Corporation), whose status is not known, who is in Chapter
11 bankruptcy, and who is negotiating with other companies to
sell their company, Chapter 7 is not out of the question, and
this is not a usual situation. Mayor Cunningham stressed what
is wanted is some assurance that somebody else will buy the
land and that the land will not be "hung up" or end up in the
ownership of another firm located overseas, for example. Mayor
Cunningham restated his position that it is "prudent to take
these steps to have money, do the design, and then press upon
the landowner and the developers that we have some sort of an
agreement there, and then we go ahead and build the road." Mayor
Cunningham, reiterating that the course the Administration is
proceeding along is expeditious and consistent with the policy
this Council and this Administration has followed for five years
on infrastructure projects, said if Council is changing it,
then Council should tell him. Mayor Cunningham informed the
Members that the engineering cost is about $500,000.
Mr. Delgrosso commented this is a good discussion that Council
never had on the issue.
President Gregory, while mentioning that perhaps the Community
Development Committee wishes to meet, stated that someone needs
to talk to representatives of Bethlehem Steel, Majestic real
estate company, and Northampton County, and get some of these
questions answered. President Gregory, observing there is a
difference of opinion on how the City should move forward, stressed
that the City certainly does not want to lose the $13.5 million
from the Northampton County bond issue.
Mr. Schweder remarked that what has come out of the discussions
tonight is that it is clear that the City is committed to going
forth with the engineering design in an expeditious way and
it will not be delayed or contingent upon whether the City has
a signed development agreement which, he commented, is what
he was hopeful would come out of the discussions.
Mayor Cunningham advised that policy has been communicated regularly
to Majestic real estate company.
Residency of Authority Members
Attorney Leeson, in response to the question raised under the
Mayor's Report concerning the Mayor's Administrative Order appointing
John Tallarico, 274 Wedgewood Road, to the Bethlehem Parking
Authority, said the answer is that the person is eligible for
appointment. Attorney Leeson explained the law that recently
changed dealt with municipal authorities only, not Parking Authorities.
Attorney Leeson, focusing on Section 5609 of the Municipal Authorities
Act, the law regulating municipal authorities, advised that
the recent amendment indicates that people may be appointed
to municipal authorities by a city if they are a taxpayer in
the city, maintain a business in the city, or are a citizen
in the city. Attorney Leeson, turning to parking authorities,
informed the assembly that is controlled by a separate statute.
Section 5508, the law governing parking authorities, has not
changed and has always allowed the appointment of out of town
residents. Subsection (b) (1) of Section 5508 states that the
majority of the members of a parking authority board must be
residents of the municipality where the authority is located.
Removing Resolution B 4 from the Table
Mr. Schweder moved to take Resolution B 4 from the Table. Mrs.
Belinski seconded the motion. Voting AYE: Mrs. Belinski, Mr.
Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo,
and Mr. Gregory, 7. The motion passed.
Administrative Order - John Tallarico - Bethlehem Parking Authority
Mayor Cunningham appointed John Tallarico to the Bethlehem Parking
Authority effective until June 2003. Mr. Donchez and Mr. Callahan
sponsored Resolution 13,816 to confirm the appointment.
Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr.
Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution
passed.
Mayor's Car - Placement in Mayor's Budget
Mr. Donchez, while stating he has no objection to the Mayor
getting a new car every four years or so, it has always been
done, and it is a good policy, asked why a car for the Mayor
cannot be a line item placed in the Mayor's budget rather than
having the money come out of another department's budget or
a bond. Mr. Donchez added that at least Council would know where
it is coming from. Mr. Donchez later suggested that it could
be a new policy to consider in the future to place a car for
the Mayor in the Mayor's budget.
Dennis Reichard, Business Administrator, responded that a car
for the Mayor can be a line item placed in the Mayor's Budget.
Charles Brown, Director of Parks and Public Property, explained
there was a Chevrolet under contract ordered through the Health
Bureau. Since the Mayor's 1992-93 Ford car had 90,000 miles,
a swap was made internally.
Mr. Delgrosso, observing that a budget should be designed to
keep line items intact so that Council knows where items are
placed and where they are going, remarked he has the same problem
with EMS Bureau moving a car from another department into the
EMS Bureau in spite of the fact that the EMS Bureau was denied
a car when the budget was adopted. Mr. Delgrosso expressed the
complaint that is not the way the budget system is supposed
to work.
Proposed Parking Meter Increase
It was confirmed to Mr. Delgrosso that the public hearing on
the proposed parking meter increase will be held Tuesday, May
28, 2002 at 3:00 PM in Town Hall.
Main Street Pub - Noise Complaints
Mrs. Belinski, with reference to a newspaper article in the
May 20, 2002 edition, highlighted the fact that it was the third
complaint concerning a business in Historic Bethlehem. Mrs.
Belinski, reading from the article, noted it was reported in
the article that the Police charged the owner of the business,
Main Street Pub, with violating the City's loud music ordinance.
It was mentioned in a December 2001 article that the noise from
the Main Street Pub was so loud that pictures on the walls of
the residents who live above the business were shaking, and
some of the residents had to leave and sleep at friends' houses.
The building's owner had informed the tenants who reside above
the business that if the situation does not halt the lease will
be terminated. There was also an article in the May 15, 2002
edition about a violation of the noise ordinance at the Main
Street Pub. Mrs. Belinski also wondered what progress has been
made in making changes in the windows of the Main Street Pub
as had been required by the Historic and Architectural Review
Board. Mrs. Belinski questioned whether the Administration approves
of what is going on at the Main Street Pub and whether action
will be taken.
Mr. Hanna, affirming that he had been quoted in the article
as saying the City is taking aggressive enforcement, stressed
that the City has been aggressively enforcing all laws but cannot
compel any landlord to terminate any lease. The building owner's
representative has sent a letter and is attempting to amicably
negotiate that aspect of the tenancy. The hope is to get the
business back as Viennese Pastries without Main Street Pub.
The owner of the Main Street Pub has retained counsel and will
be fighting each of the noise violations. Some progress has
been made in terms of the changes recommended by the Historic
and Architectural Review Board. Mr. Hanna confirmed that the
City will continue to be vigilant and to enforce its codes and
ordinances and to do whatever it can to ensure that the owner
of the Main Street Pub is consistent with the City's laws. Mr.
Hanna stressed that the Administration is not supportive of
what is going on and will continue to enforce the City's ordinances.
Mr. Hanna, in response to Ms. Szabo, noted that he would check
the number of residents above the Main Street Pub.
Mr. Delgrosso, advising that he has spoken with the Police Commissioner,
noted that the Police have followed the situation closely, including
drinking on the street.
Trash in the City
David Sanders, 69 E. Goepp Street, asserted there is a lot of
trash in North Bethlehem and questioned whether the City has
an Ordinance requiring trash receptacles to be placed towards
the rear of the homes. Mr. Sanders stressed there is trash on
Broad Street, including the diner located at the corner of Broad
and New Streets, and at a house on Goepp Street where there
is trash seven days a week at the front. Mr. Sanders further
advised that the bus station area at Broad and Guetter Streets
is dirty. Highlighting the fact that there are trash, noise,
and sidewalk Ordinances in the City, Mr. Sanders did not think
the Ordinances are being enforced while new Ordinances are being
passed.
Christmas Tree - City Center Plaza
Mr. Sanders said he would like to see the Christmas Tree project
proposed by Mr. Delgrosso at the City Center Plaza move forward.
Golf Course - Lightning Warning Devices
Charles Nyul, 1966 Pinehurst Road, related that he played the
Municipal Golf Course on May 12, 2002 when thunder struck at
11:20 AM and someone from the pro shop went outside and blew
the alarm, but the golfers were not warned in advance. Mr. Nyul
asked if it would be possible for a severe weather alarm system
to be installed at the Golf Course that would give individuals
7 minutes before thunder or lightning hits to leave the golf
course, and in addition provides information on when severe
weather has gone out of the area which, he pointed out, includes
the swimming pool and Little League fields.
Charles Brown, Director of Parks and Public Property, affirmed
that the Golf Course has hand held weather alarm systems, and
it would seem the alarm was sounded late. Mr. Brown agreed to
check out the automatic system referenced by Mr. Nyul.
Five Points - Traffic
Mr. Nyul, stressing there is a lot of traffic in the area of
the Five Points when he travels through the area between 5:30
AM and 6:00 AM, wondered what will happen when the new McDonald's
restaurant opens.
Michael Alkhal, Director of Public Works, explained that traffic
issues were addressed during the site review process. As part
of the requirements for the development, improvements had to
be made that would negate impact from the McDonald's. Some of
the improvements will include retiming of signals at the Five
Points intersection, and also at Third and Fourth Streets, and
the Hill to Hill Bridge.
Sale of Former Dick Milham Property - East Broad Street
Patrick Herrity, 732 Hawthorne Road, informing the assembly
that a realty sign was placed in front of the former Dick Milham
property on East Broad Street which is zoned Light Industrial
(LI), queried whether the City is involved in helping the owner
sell the property to an owner who wants to develop it in a way
consistent with the area.
Mr. Hanna responded that the City is currently reviewing the
current Zoning and the entire LI zone in that area to consider
amending the LI Zoning designation, which is felt to be inappropriate
for the area, to develop more of a commercial zone consistent
with the neighborhood. A proposal will be discussed at the June
Planning Commission meeting, and advanced to City Council.
14. ADJOURNMENT
The meeting was adjourned at 9:59 p.m.
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