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October 15, 2002 Meeting Minutes
BETHLEHEM CITY COUNCIL MEETINGAN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, REPEALING EXISTING ARTICLE 1159 OF THE CODIFIED ORDINANCES ENTITLED "ANIMALS AND FOWL"; AND ESTABLISHING A NEW ARTICLE 1159 ENTITLED "ANIMALS".Mr. Delgrosso recalled that he and Mr. Schweder conferred with Attorney Leeson concerning the points they had raised in the past about numbers of animals at residences, and further discussed the matter with various City Departments. Mr. Delgrosso pointed out there was much cooperation, and many drafts were made by Joseph Leeson, City Solicitor, of proposed legislation. Mr. Delgrosso thanked everyone involved for their time and effort, and, in particular, the City Solicitor. Mr. Schweder echoed Mr. Delgrosso's comments with respect to Attorney Leeson, Dana Grubb, Deputy Director of Community and Economic Development, and others in the various Departments who worked in cooperation with Mr. Delgrosso and him. Mr. Schweder, noting there are people in the community who would like perhaps to see more far-reaching legislation, observed that the proposal will stand up to challenges, and places a realistic responsibility on individuals. Mr. Schweder highlighted the fact that, first and foremost, the consideration is the quality of the existence that is provided to the animals and their conditions that are as important as anything else. Mr. Schweder expressed the hope that the Bill will pass unanimously this evening. In response to Ms. Szabo, Attorney Leeson explained that the reference to rabbits and guinea pigs was deleted from Section 1159.13 at the recommendation of Dr. Janice Lashmet, the veterinarian who provided assistance in this matter, since it was felt that permits would not be needed for rabbits and guinea pigs. President Gregory, while expressing his support of the proposal, said he would like to see more restriction in terms of the number of animals. Mr. Gregory highlighted the fact that, if someone cleaned up the area before a permit were issued, it is possible there will still be a large number of animals that could be problematic. Mr. Gregory commented it is something that can be reviewed for the future if it is not addressed at the next meeting. Mr. Gregory remarked that, when there is an outlandish number of animals such as 15, 20 or more, something could be done to discourage it since he felt that was the reason for the initial review of the ordinance. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 35 - 2002 was declared passed on First Reading. B. Bill No. 36 - 2002 - Amending Article 303 - Motor Fuel Meters - Inspection Fee The Clerk read Bill No. 36 - 2002, sponsored by Mr. Schweder and Mrs. Belinski, and titled:
AN ORDINANCE AMENDING ARTICLE 303 OF THE CODIFIED ORDINANCES OF THE CITY OF BETHLEHEM, PENNSYLVANIA, AS AMENDED, ENTITLED GENERAL BUSINESS LICENSES AND PERMITS.Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 36 - 2002 was declared passed on First Reading. C. Bill No. 37 - 2002 - Amending General Fund Budget - Local Law Enforcement Block Grant, Northampton County Drug Task Force, Highway Safety Grant, Immunization Outreach Grant, and Emergency Preparedness Grant The Clerk read Bill No. 37 - 2002, sponsored by Mr. Donchez and Mr. Delgrosso, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE GENERAL FUND BUDGET FOR 2002.Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 37 - 2002 was declared passed on First Reading. D. Bill No. 38 - 2002 - Amending Article 905 - Curb, Gutter, and Sidewalk Requirements - New Developments The Clerk read Bill No. 38 - 2002, sponsored by Mrs. Belinski and Mr. Callahan, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING ARTICLE 905 OF THE CODIFIED ORDINANCES ENTITLED "STREET IMPROVEMENTS; ASSESSMENTS."In response to Mrs. Belinski's comment that the six properties in question on Linden Street would not be affected by passage of the ordinances, Attorney Leeson explained that upon the effective date, the ordinances will become the law of the City applicable to all properties. Mrs. Belinski said she still feels there is a problem with the six properties and that the situation is not fair. Expressing the hope that, before the final vote, an equitable agreement can be reached with the property owners, Mrs. Belinski said she will vote in favor of the proposal tonight without prejudice. Mr. Callahan recounted that, having been the past Chairman of the Public Works Committee, the issue was discussed for many hours. While observing that the situation has unfortunately become more than sidewalks, Mr. Callahan denoted that the proposal addresses situations in the City where there are health and safety concerns with the lack of sidewalks. Mr. Callahan thought that has been confirmed in the Linden Street case with at least two traffic studies. Mr. Callahan pointed out that, under the proposal, there is clearly a procedure and criteria involved pertaining to installation and repair of sidewalks. Mr. Callahan continued on to say the ordinances "puts the process in the hands of the people that it belongs with, which is the inspectors and the Public Works Director, where it should have always been and not before City Council. City Council doesn't vote to determine if we should enforce electrical code violations, or fire code violations, and I don't feel that we should get involved in violations of our sidewalk ordinance either." Mr. Callahan stated that he will vote for the bills this evening. Ms. Szabo, Chairwoman of the Public Works Committee, thanked all those involved, including Members of Council, Attorney Leeson, and Michael Alkhal, Director of Public Works, who spent a lot of hours on the proposal. She noted that suggestions made over the three year period were put into the ordinance. Mrs. Belinski, noting that the issue has been safety, said she still goes back to the unfairness of the issue in that, if the property owners who reside south of Spring Garden School are being pressured to put in sidewalks, the fact remains that children walk from the townhouses north of Spring Garden School where only half of the length of the school has sidewalks. Mrs. Belinski insisted that the School District should be forced to put in sidewalk the whole length of Spring Garden School. Mr. Schweder, stating that he will be voting in favor of the bills this evening, commended Mr. Alkhal and Attorney Leeson for the time they spent on the proposal and in meeting with him. Mr. Schweder pointed out his interpretation of the ordinances is that it is much more limiting than the current ordinances since it will set up a procedure so people cannot just come in and make the case for something to be done. Mr. Schweder noted it must be well documented that it cannot be remedied by any other means other than the direct construction of curbs and sidewalks. Mr. Schweder recounted part of the argument he made in the past is the inconsistency in it and that he did not want to see a migration of this type of action going beyond what was the specific case on Linden Street that brought the matter to Council's attention which has been accomplished under the proposal. Mr. Schweder continued on to say that, under the proposal, the procedure will now be in place for the individual case that brought the issue to a head to begin with, and it may be a case that is not justified. Mr. Schweder, expressing that the proposal makes sense, pointed out it is more limiting and more consistent going forward, removing Council from the process makes sense, and added it will be more difficult to develop cases than had been the situation in the past. Mrs. Belinski said, since Mr. Humphreys had difficulty in finding evidence of the traffic study, date, etc., she would like to request that the appropriate Department supply her with the records as to when the traffic study was done, the time it was done, and how long a period. Mrs. Belinski later requested to receive the record of accidents since 1998, and, in particular, if they are at the intersections. President Gregory noted that a study would have to be done. Mr. Alkhal added that, as was discussed at the last Committee meeting, once the Ordinance is enacted, the Department will follow the procedures as outlined. Mr. Alkhal said "we fully intend to do another pedestrian survey." President Gregory, restating it has taken a while, commented a good point has been reached, but remarked that concerns about sidewalks in the City have been put aside during the lengthy process. President Gregory remarked that the ordinances are long overdue. Acknowledging that many Members of Council do not feel the situation on Linden Street is fair, President Gregory observed maybe that will be addressed in the next few weeks to some degree or afterwards through the tightening of the Ordinance. President Gregory observed that, once the ordinances pass, the situation on Linden Street would have to be studied again. Reiterating it is long overdue, President Gregory communicated that he will support the bills tonight. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 38 - 2002 was declared passed on First Reading. E. Bill No. 39 - 2002 - Establishing New Article 909 - Curb, Gutter and Sidewalk Requirements - New Developments The Clerk read Bill No. 39 - 2002, sponsored by Mrs. Belinski and Mr. Callahan, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING ARTICLE 909 OF THE CODIFIED ORDINANCES ENTITLED "SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS."Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 39 - 2002 was declared passed on First Reading. F. Bill No. 40 - 2002 - Amending Article 150 - Codes Board of Appeals The Clerk read Bill No. 40 - 2002, sponsored by Mrs. Belinski and Mr. Callahan, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING ARTICLE 150 OF THE CODIFIED ORDINANCES ENTITLED CODES BOARD OF APPEALS.Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 40 - 2002 was declared passed on First Reading. 11. RESOLUTIONS A. Authorizing Execution of Documents - Highway Safety Program Grant Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,921 which authorized the Mayor and the Controller to execute the grant documents provided by the Pennsylvania Department of Transportation under its Highway Safety Program Project No. J3 03-21-1 for child passenger safety. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed. B. Transfer of Funds - Golf Course - Temporary Help Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,922 which transferred $10,000 in the Golf Course Enterprise Fund Budget from the Golf Course - Salaries Account to the Golf Course - Temporary Help Account to provide additional funding needed in the Account through year end. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed. C. Transfer of Funds - Traffic Maintenance - Overtime Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,923 which transferred $2,200 in the General Fund Budget from the Traffic Maintenance - Training and Safety and Traffic Maintenance - Operating Supplies Accounts to the Traffic Maintenance - Overtime Account to provide additional funding needed in the Account through year end. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed. D. Transfer of Funds - Fire Department - Special Drill Teams - Overtime Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,924 which transferred $275 in the General Fund Budget from Fire Department - Overtime Account to Special Drill Teams - Overtime Account, to provide additional funding needed in the Account. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed. E. Transfer of Funds - EMS Bureau - Temporary Help and Overtime Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,925 which transferred a total of $15,755 in the General Fund Budget as follows: $10,755 from Equipment Repairs - Ambulance (7,755) and Training/Continuing Education ($3,000) Accounts to the EMS - Temporary Help Account; and $5,000 from the EMS - Salaries ($3,000) and Equipment Repairs - Ambulance ($2,000) Accounts to the EMS - Overtime Account, to provide additional funding needed in the Accounts. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed. F. Utilization of Savings - Water Capital Budget - Chemical Feed Pump Equipment Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,926 for utilization of $1,135 in savings in the Equipment - Technical Support Account for the purchase of a Chemical Feed Pump and Appurtenances in connection with the project involving repair of the cover for the Southside Reservoir. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed. G. Transfer of Funds - Sewer Maintenance Bureau - Overtime Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,927 which transferred $6,500 in the Sewer Fund Budget from the Sewer Maintenance - Salaries Account to the Sewer Maintenance - Overtime Account, to provide additional funding needed in the Account through year end. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed. H. Transfer of Funds - Meter Shop - Overtime Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,928 which transferred $1,500 in the Water Fund Budget from the Water Maintenance - Meter Shop - Department Contracts Account to the Water Maintenance - Meter Shop - Overtime Account, to provide additional funding needed in the Account through year end. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed. I. Transfer of Funds - Water Filtration - Overtime Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,929 which transferred $15,000 in the Water Fund Budget from the Water Filtration - Salaries Account to the Water Filtration - Overtime Account to provide additional funding needed in the Account through year end. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed. J. Utilization of Savings - Water Capital Budget - Portable Band Saw Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,930 for utilization of savings in the Water Capital Budget in the amount of $371 from the Equipment - Meter Shop Account for the purchase of Portable Band Saw with Blades. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed. K. Transfer of Funds - Financial Services Bureau - Overtime Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,931 which transferred $2,500 in the General Fund Budget from Prior Year Encumbrances Account to the Financial Services - Overtime Account to provide funding for unexpected expenditures in the Account. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed. L. Transfer of Funds - Recycling Bureau - Overtime Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,932 which transferred $1,500 in the General Fund Budget from Recycling Bureau - Other Expenses Account to Recycling Bureau - Overtime Account, to provide additional funding needed in the Account for compost operations. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed. M. Transfer of Funds - Police Department - General Overtime Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,933 which transferred $24,000 in the General Fund Budget from the Police Department - Temporary Help ($10,000), Police Department - Gasoline ($10,000), and Musikfest Overtime ($4,000) Accounts to the Police Department - General Overtime Account, to provide additional funding needed in the Account. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed. N. Allocating 2002 State Aid - Pension Plans Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,934 which allocated $1,173,301.50 of the 2002 General Municipal Pension System State Aid among the City's pension plans as follows: Police - $138,110.38; Firemen - $438,110.38; Non-Uniformed (O&E) - $68,110.37; and PMRS - $528,970.37. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed. Considering Resolutions 11 O through 11 R as a Group Mr. Donchez and Mrs. Belinski moved to consider Resolutions 11 0 through 11 R as a group. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The motion passed. O. Certificate of Appropriateness - 425 Center Street Mr. Schweder and Mrs. Belinski sponsored Resolution 13,935 which granted a Certificate of Appropriateness to install a fence at 425 Center Street. P. Certificate of Appropriateness - 80 West Market Street Mr. Schweder and Mrs. Belinski sponsored Resolution 13,936 which granted a Certificate of Appropriateness to install storm windows and a storm door and paint the trim at 80 West Market Street. Q. Certificate of Appropriateness - 549 Main Street Mr. Schweder and Mrs. Belinski sponsored Resolution 13,937 which granted a Certificate of Appropriateness to install signs at 549 Main Street. R. Certificate of Appropriateness - 53 East Market Street Mr. Schweder and Mrs. Belinski sponsored Resolution 13,938 which granted a Certificate of Appropriateness to install skylights at 53 East Market Street. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolutions passed. 12. NEW BUSINESS Rescheduling First City Council Meeting in November Mr. Donchez and Mrs. Belinski moved to reschedule City Council's first Meeting in November from Tuesday, November 5, 2002 which is Primary Election Day to Wednesday, November 6, 2002 at 7:30 PM in Town Hall. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The motion passed. Motion - Representation for City Council - Proposed Zoning Ordinance Text Amendment - LI District - Deleting Motor Vehicle Sales and Service Mr. Schweder stated that, in a discussion he had with Christopher Spadoni, City Council Solicitor, before tonight's meeting, in light of information that Tony Hanna, Director of Community and Economic Development, provided this afternoon with a filing of a land use plan for a certain tract of land on Eighth Avenue in West Bethlehem, regardless of what may be thought about the appropriateness of the use or with respect to Council's pending ordinance, he would like to move that Council direct Attorney Spadoni to represent City Council and Council's interests in any and all proceedings before any boards in the City or within Lehigh County. Mr. Donchez seconded the motion. Voting AYE: Mrs. Belinski, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 6. Voting NAY: Mr. Callahan, 1. The motion passed. 13. COURTESY OF THE FLOOR Northampton County - 21st Century Open Space Initiative - Ballot Question Timothy Merwarth, Chairman of the Northampton County Council Open Space Committee, affirmed that Northampton County's open space ballot question is on the ballot for Tuesday, November 5, 2002 concerning the $37 million bond issue for open space in Northampton County. Turning to the background of the open space initiative, Mr. Merwarth advised it started with a presentation by the Green Futures Fund at the end of January. The group asked Northampton County to have placed on the ballot in the spring primary an open space proposal for $30 million, with $10 million targeted for environmentally sensitive natural resources, $10 million for farmland preservation, and $10 million for parks. Northampton County Council President Michael Dowd appointed an open space committee consisting of Mr. Merwarth and Nicholas Sabatine. Mr. Merwarth continued on to say it was decided that the open space initiative needed to be tailored and personalized for Northampton County along with a cost determination. The needs, desires, and priorities of Northampton County needed to be known and justified. It was also decided that the question should be placed on the fall rather than the spring ballot. The Lehigh Valley Planning Commission was asked to do a needs analysis and assessment. In addition, public hearings were held to which an open invitation was issued through the media to all groups, organizations, and individuals. Mr. Merwarth enumerated the various groups that appeared before the committee. Following the testimony, the committee's recommendation to Northampton County Council was that the $37 million amount be placed on the ballot with $14 million for environmentally sensitive natural resources, $12 million for farmland preservation, and $11 million for urban and rural parks acquisition and development. Northampton County Council voted 8 to 0 to pass a desire resolution in order to place the question on the ballot. Mr. Merwarth highlighted the fact that the $37 million represents a collection of data going back decades, and advised that the cost per household would be about $25 a year. Under current market rates, the $37 million would cost an average household $18.83 based on $50,000 assessed valuation. Mr. Merwarth noted there are fifty-three counties in Pennsylvania that have established farmland preservation boards, and other counties have initiated open space programs. Mr. Merwarth informed the assembly that the last committee meeting prior to the election will be October 23, 2002 at which representatives of several counties will discuss the programs and successes in their counties. Mr. Merwarth mentioned that over $17 billion has been devoted to open space by voters throughout the United States. If the vote on the ballot question is affirmative, a commission will be established to set the criteria for the kinds of projects that would be accepted into the program and make recommendations to Northampton County Council which will maintain control over the criteria and funding for projects. Mr. Merwarth, enumerating some of the natural resources and their locations throughout Northampton County, observed these are also quality of life issues and discussions are about what Northampton County will look like in the future. Mr. Merwarth confirmed that Northampton County Council is recommending to the voters that $37 million be appropriated for open space in Northampton County. Towing Contracts Andrew Estojak, President of Andy's Champion Auto Body, stated he is at the meeting representing a majority of independent towers that have contracted with the City of Bethlehem. Mr. Estojak said "we'd like your input on how we can achieve a meeting to review the current upcoming contracts which are slated to take effect I believe January 1st. We were promised a meeting last year, and this year we fell on deaf ears." Advising that the current contract is based on rates from 1995, Mr. Estojak pointed out that one provision goes back to 1992. Mr. Estojak, highlighting the changes that have occurred primarily with insurance, cost of fuel and labor, commented that he is aware of some of the other rates in the area. In response to President Gregory, Francis Donchez, Police Commissioner, said he does not know if there is a need for a meeting. Police Commissioner Donchez stated that the rates in place in his estimation are fair, balance the interests of the towers as well as the citizens of Bethlehem, and he does not see a need to increase them. Police Commissioner Donchez continued on to say one of the complaints consistently received from people whose vehicles are towed is that they think the rates are too high. Police Commissioner Donchez added that the towers are under contract voluntarily. President Gregory expressed that at least a meeting could be held so that the towers could make their arguments. Mr. Estojak advised that, in addition to rates, there are questions about provisions and terminology in the contract, as well as the cost of storage. President Gregory was informed by Mr. Estojak that insurance carriers would cover most of a rate increase. Mr. Delgrosso recounted that the Public Safety Committee has reviewed such matters in the past. Police Commissioner Donchez, commenting he is not opposed to a meeting, remarked he is just advising his position regarding the matter. In response to President Gregory, Mayor Cunningham affirmed that the Administration could set up a meeting, noted there are towers who are willing to sign a contract to work at those rates, and added the more frequent complaint is the cost of towing and storage. Mr. Donchez, Chairman of the Public Safety, stated that the Committee can review the issue. Proposed Animal Ordinance Jean Pearson, 2232 Main Street, advising she has some questions that she will put in writing to the appropriate individuals, said she would like to ask for clarification on a few points now concerning the proposed Animal Ordinance. Turning to Section 1159.05, Ms. Pearson questioned whether keeping animals healthy and free from sickness and disease at all times is an impossible standard and asked how that ideal could be achieved. Ms. Pearson asked what veterinary medical qualifications will the officer have who will decide to question the health of the animals. Attorney Leeson, focusing on the question regarding Section 1159.05, replied this is a rule of reasonableness. If the city inspectors find that animals are not healthy but efforts have been made to secure the proper care for them it is not the intent of the ordinance to cause anyone a problem. Ms. Pearson, inquiring how shall the function of the animal control officer to require an examination by a doctor of veterinary medicine be carried out, asked if the officer will determine to which veterinarian the owner should take the animal. Attorney Leeson responded that the animal officer will have discretion on the spot to make that decision. Ms. Pearson questioned the methods of veterinary treatment such as holistic versus traditional veterinary treatment. Attorney Leeson observed that, as Ms. Pearson acknowledged in her opening remarks, it is impossible to write legislation that will address every single thing that might come up. Attorney Leeson gave his opinion on how such a situation would likely be addressed where the officer would contact a veterinarian for an opinion. Ms. Pearson suggested that the owner be given a certain amount of time to go to a licensed professional veterinarian and obtain a signed certificate signifying that the animal has been treated and follow-up care will be provided. Attorney Leeson, replying he would not recommend that type of amendment, expressed the belief that the animal control officer needs to have the discretion to manage things in the field, and accommodations could be made to address any problems. Ms. Pearson asked the training of the animal control officer to make a judgment call. Attorney Leeson advised that point has not yet been reached in that the Ordinance has not yet been enacted. Referring to page 4, item 10, pertaining to extermination of rodents, Ms. Pearson queried whether it means that all rodents in a backyard wildlife habitat must be exterminated. Attorney Leeson, explaining that the animal control officer would apply a rule of reason, noted that if animals are healthy and the situation is not contributing to a proliferation of insects or rodents it would not be a problem. Attorney Leeson reiterated that the Ordinance is not intended to address every single situation and judgments will need to be made on the spot. Ms. Pearson said she would like to request that the language be amended to include "extermination or humane removal of" instead of "extermination". President Gregory noted that could be considered at the next meeting. Ms. Pearson, informing the assembly that opossums do not have incidents of rabies, asked that a distinction be made for these animals as has been made for rabbits and guinea pigs. 14. ADJOURNMENT The meeting was adjourned at 9:31 p.m.