City Council

Council Minutes

October 15, 2002 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, October 15, 2002 - 7:30 PM - Town Hall
  1. INVOCATION
  2. PLEDGE TO THE FLAG
  3. ROLL CALL

President Gregory called the meeting to order. Mr. Schweder 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.

4. APPROVAL OF MINUTES

The minutes of October 1, 2002 were approved.

5. COURTESY OF THE FLOOR (for public comment on ordinances and resolutions to be voted on by Council this evening)

Proposed Sidewalk Ordinances

Michelle Leidich, 2263 Linden Street, communicated that she has listened very hard and intently to the past discussions on the matter of the proposed sidewalk ordinances, and expressed her appreciation for the work that was done on the ordinances. However, at this point, Ms. Leidig said she would rather leave the City in which she has been a life-long resident than comply with an ordinance that is not fair to everyone. Ms. Leidich asserted that the ordinance has not been applied equally across the board for several decades. Ms. Leidich, advising that she intends to fight the inequality as long as she lives on Linden Street, stated that the ordinance needs to be rewritten to fix the problem, not propagate it. Ms. Leidich remarked "this is an issue that is now the principle of the thing." Noting that safety studies have been done by the Police Department, Ms. Leidich informed the Members that, according to a letter recently received by one of her neighbors, the dates of those studies are now gone. Ms. Leidich continued on to say "but, they would have us believe that the information that was contained in those studies is accurate. I tend to disagree with the information in those studies. I was out on both days when those studies were taken, and there is some very, very bad inconsistencies with what I saw as to what was reported in the letter that was given to Mr. Humphreys." Ms. Leidich, questioning the issue of safety, noted people have been seen running in the street on the side where there are sidewalks, nothing has been done about a complaint of lack of sidewalks at the nearby school, and added it is worse trying to navigate Center Street than Linden Street. Ms. Leidich said, "until there is a fair, equitable ordinance, and this one you're working on tonight is not it, in place, and until everyone is under the same gun, please do not come to me and tell me of the perils of not having sidewalks." Ms. Leidich, pointing out there are statutes of limitation on crime, stressed "but not this, and I have committed no crime. I merely purchased a home without sidewalks in a City that continues to enforce inequality. Only some people need this. Others do not. My fight is against the inequality, not against the sidewalks." Ms. Leidich, thanking Council for all its help in this matter, expressed the hope that the issue can be finished soon but with fairness to all, and done right so as not to jeopardize her and her neighbors' properties. Ms. Leidich requested that Council "rethink this ordinance and force them to write an ordinance that is going to be applied to all."

Brian Humphreys, 2253 Linden Street, noting that the neighborhood has changed after 1988 when a doctor's office was located there, acknowledged that the neighbors did choose to allow the doctor's office. However, Mr. Humphreys stressed "the doctor's office taught us a lesson. We learned that we had to make a decision about what kind of place we wanted to live in. We had to either make our neighborhood a full commercial area with commercial zoning, or keep it as a� residential zone�". Turning to a letter he received from the Public Works Department in which the area was referred to as commercial, Mr. Humphreys pointed out that the two commercial properties are the doctor's office and an accounting business next door, one of which is there on a variance and the other on a special permit. Mr. Humphreys asserted "it's well known that the doctor's office that is there now is the source of most of the parking trouble in the neighborhood. Nothing has been worse for the peace and safety of the neighborhood than the doctor's facility" about which, he contended, he was deceived regarding the size of the business and amount of traffic it would create. Mr. Humphreys advised that the employees of the doctor's office are forced to park on the street. Mr. Humphreys informed the Members that a neighborhood lawsuit was filed in 1998 but has laid dormant.

Mr. Humphreys said "taking the requirement of a vote away from City Council is the last thing that should happen at this time. If the Administration can be allowed to direct [the installation of sidewalk], without the benefit of an airing before the Council, it will be more difficult than ever to ensure that private interests are not exerting pressure on the process." Mr. Humphreys expressed the opinion that "the six lots on Linden Street are a matter of unfinished business that must be settled before we go giving the City Administration unprecedented power and override a policy in place for decades and decades."

Mr. Humphreys stated "I have found that I have an enormous disadvantage when questioning the City. Information anybody would need to have a clear understanding of what's been going on around here isn't in a form just anybody can find and use very easily." Mr. Humphreys, advising that he took an entire day yesterday to learn what the City has been doing about rights of way over the past thirty years, said he "found not a single case that looked like ours where the right of way was dedicated in exchange for simply moving a property line. There had to be a reason why there were only two lots with dedicated right of ways in our area where it's not the norm�The Public Works office then sent me to the County Courthouse to research deeds. I was told that was the only way to find out what I wanted to know�". However, Mr. Humphreys stressed he was told at the Courthouse "you won't find that here" and that the City of Bethlehem Public Works Department has that information. Mr. Humphreys, highlighting the fact that an attorney could conduct a title search to find out the status of the right of way, pointed out that would cost thousands of dollars to obtain the necessary information. Mr. Humphreys insisted that "in order to craft a policy here there are facts that we need to know. I have made formal requests of both the Public Works Department and the Law Bureau to learn all the pertinent details about the City's record of resub[division] deals, and also very importantly the cash value assigned to the rights of way�". Mr. Humphreys, stating that he does not have the information to be prepared for this meeting, even though he has been requesting it over the past few weeks, explained that is why he requested that the ordinances be placed on the agenda for the next City Council Meeting rather than this one. Mr. Humphreys said "unless the Public Works Department can prove otherwise, there's no case like ours in Bethlehem. Nobody ever gave up two $17,000 rights of way just to have a [property] line moved. I pose my question to open Council and request an answer based on the records." Mr. Humphreys, questioning what would Walter Brockmeir, the former owner of the two lots in question on Linden Street, have been told if he had refused to dedicate his right of way when he moved his property line, advised he could not get the answer from anyone in City Hall yesterday. Mr. Humphreys, saying he wants an answer, stressed "we're all entitled to know how many times that's happened in the past thirty years. If Council knew for sure what past policy has been, then it could craft an exception to the so-called rules where everyone involved could be happy. I've studied it enough to know that it's likely that it could even be done without ramification that would cause future claims for the City�I ask that you reject this ordinance to send a message to the Administration that an ordinance that isn't better than the one it replaces shouldn't pass at all." Remarking that the Appeals Board only adds another round of legal fees for anyone who wants to object, Mr. Humphreys informed the Members that he and his mother have had to spend thousands of dollars already on neighborhood problems directly attributable to controlling commercial enterprise in the neighborhood that never should have been. Mr. Humphreys thought it was better to try to stop something before it advances to even higher levels of the legal system. Mr. Humphreys stated it seems that Council has a function it should not abrogate in favor of an unseen force that would govern without rule. Mr. Humphreys expressed his concurrence with his neighbor's comments about the response from the Public Works Department concerning the safety issues. Mr. Humphreys said if traffic accidents are going to be related to pedestrian safety he would want to know where the traffic accidents happened. He felt that the mentioned traffic accidents were more likely to have happened at the intersections of Dewberry and Elmhurst Avenues where there is sidewalk. Mr. Humphreys advised he has never seen a traffic accident happen in the area where there was no sidewalk. Focusing on the traffic study that he was given, Mr. Humphreys said it does not have a date. In checking with Capt. Mill, Mr. Humphreys stated he found that the date may have been February 9 or 8, 2001. Mr. Humphreys, continuing on to say it makes mention of snow cover, advised he has cleared the snow in the walkway in front of his house promptly. Mr. Humphreys, restating that the traffic report does not have a date and it is only a typewritten opinion, thought it was invalid and contains information that is questionable. Mr. Humphreys further advised that he checked with the National Weather Service and there was no snow on February 8 and 9, 2001 but on February 5, 2001 there was a snowfall of 1.3 inches. Mr. Humphries, adding that the study was done for about one hour, said he would like to have more information about it so he can understand how there seems to be a discrepancy about the weather conditions. Mr. Humphries asked that the matter be taken seriously.

Proposed Animal Ordinance

Mike Hilton, 2219 Main Street, expressed his support for the proposed Animal Ordinance. Mr. Hilton thought the proposal provides a reasonable opportunity to limit the number of animals based on the ability of the owner to care for the animals. In addition, if the owners are unable to care for their animals, it provides an opportunity for the City and the neighbors who would be impacted to have some recourse. Advising that he lives across the street from an individual who has twenty-four large seventy to ninety pound dogs in a relatively small house and yard, Mr. Hilton explained that the dogs were bred for protection and bark when someone walks by. More importantly, however, Mr. Hilton advised that his quality of life and that of his neighbors has been limited and there is a potential health risk as a result of the situation. Mr. Hilton informed the Members that this summer he and his family could not sit outside and have dinner on their patio because of the smell from dog feces. Moreover, when there is a significant rainfall, there is runoff onto his property from the individual's property that contains odorous silt. Prior to the proposal, there was no recourse in view of the current legislation. Mr. Hilton reiterated that under the proposal the number of animals would be limited not based on specific numbers but on the ability of the owner to care for them. Expressing that the proposal is fair, Mr. Hilton communicated that it also addresses the quality of life for the protection of the animals.

6. OLD BUSINESS

None.

7. COMMUNICATIONS

A. City Solicitor - Use Permit Agreement for Public Property - 2002 Live Bethlehem Christmas Pageant

The Clerk read a memorandum dated October 7, 2002 from Joseph F. Leeson, Jr., City Solicitor, to which was attached a proposed resolution for Council's consideration for a Use Permit Agreement for Public Property between the Live Bethlehem Christmas Pageant Society and the City of Bethlehem for use of the Community Arts Pavilion and Surrounding Field for the 2002 Live Bethlehem Christmas Pageant for the time period December 9, 2002 to January 13, 2003, according to the terms and conditions of the Agreement.

President Gregory stated that the appropriate Resolution will be listed on the November 6, 2002 Council Agenda.

B. Business Administrator - 2002 State Aid - Pension

The Clerk read a memorandum dated October 4, 2002 from Dennis W. Reichard, Business Administrator, advising that the check for State Aid for Pension Funding was received on October 2, 2002 payable to the Treasurer of the City of Bethlehem in the amount of $1,173,301.50. The proceeds have been allocated as follows: Police Pension Fund - $138,110.38; Fire Pension Fund - $438,110.38; Officers and Employees Pension Fund - $68,110.37; PMRS Pension Fund - $528,970.37.

President Gregory stated that authorizing Resolution 11 N is listed on the Agenda.

C. City Solicitor - Use Permit Agreement - Christkindlmarkt

The Clerk read a memorandum dated October 11, 2002 from Joseph F. Leeson, Jr., City Solicitor, to which was attached a proposed Resolution for a Use Permit Agreement for Public Property between the Bethlehem Musikfest Association and the City of Bethlehem for use of various City properties for Christkindlmarkt 2002 for the time period November 29, 2002 to December 22, 2002, according to the terms and conditions of the Agreement.

President Gregory stated that the appropriate Resolution will be listed on the November 6, 2002 Council Agenda.

D. City Solicitor - Technical Revisions to New Animal Ordinance

The Clerk read a memorandum dated October 11, 2002 from Joseph F. Leeson, Jr., City Solicitor, to which was attached a copy of the revised Bill establishing new Article 1159 - Animals that included several technical revisions to enhance the clarity of the ordinance and strengthen its legal defensibility.

President Gregory stated that the revisions enumerated in Attorney Leeson's memorandum have been incorporated into Bill No. 35 - 2002 that is listed on this evening's Agenda for First Reading.

8 . REPORTS

A. President of Council

None.

B. Mayor

None.

C. Community Development Committee

Mr. Schweder, Chairman of the Community Development Committee, gave an oral report of the Committee's meeting held on October 3, 2002 on the following subject: Animal Ordinance - Revisions.

D. Finance Committee

Mr. Delgrosso, Chairman of the Finance, gave an oral report of the Committee's meeting held on October 9, 2002 on the following subjects: Transfer of Funds - Golf Course - Temporary Help; Transfer of Funds - Traffic Maintenance - Overtime; Transfer of Funds - Fire Department - Special Drill Teams - Overtime; Amending General Fund Budget - Local Law Enforcement Block Grant; Transfer of Funds - Police Department - General Overtime; Amending General Fund Budget - Northampton County Drug Task Force; Transfer of Funds - Recycling Bureau - Overtime; Transfer of Funds - EMS Bureau - Temporary Help and Overtime; Amending General Fund Budget - Health Bureau - Highway Safety Grant; Amending General Fund Budget - Health Bureau - Immunization Outreach Grant; Amending General Fund Budget - Health Bureau - Bio-terrorism/Emergency Preparedness Grant; Water Capital Budget - Utilization of Savings - Chemical Feed Pump Equipment; Transfer of Funds - Sewer Maintenance Bureau - Overtime; Transfer of Funds - Meter Shop - Overtime; Transfer of Funds - Water Filtration - Overtime; Water Capital Budget - Utilization of Savings - Portable Band Saw; and Transfer of Funds - Financial Services Bureau - Overtime. The Committee also received an explanation of the Transfer of Funds request in the total amount of $80,000 for the project to clean the raw water transmission mains between Wild Creek Reservoir and the H-Chamber. No Committee action was required.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 35 - 2002 - Establishing New Article 1159 - Animals

The Clerk read Bill No. 35 - 2002, sponsored by Mr. Schweder and Mr. Delgrosso, and titled:
AN 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.
ATTEST:

City Clerk