Council Minutes

December 3, 2002 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, December 3, 2002 - 7:30 PM - Town Hall

INVOCATION
PLEDGE TO THE FLAG
ROLL CALL

President Gregory called the meeting to order. Mrs. Belinski 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 November 19, 2002 were approved.

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

Bill No. 43 - 2002 - Amending Zoning Ordinance Section 1316.02 - Deleting Motor Vehicle Sales and Service Agency in the Light Industrial District

Attorney Paul Florenz, 65 E. Elizabeth Avenue, confirmed that he has appeared before City Council recently with regard to the proposed amendments to the Zoning Ordinance pertaining to deleting motor vehicle sales and service agencies in the LI - Light Industrial District. Attorney Florenz, stating that he represents Dick Milham who has an interest in the matter, affirmed that Mr. Milham's opposition to the proposed change remains unchanged for the reasons he stated previously. In addition, Attorney Florenz said he has had the opportunity to speak to two of the automobile dealers who might tend to benefit from the newly proposed "package deal" with the change in the CG zoning district to offset the change in the LI zoning district. Attorney Florenz continued on to say two of the dealers who might stand to benefit "from the CG end of the package deal are Bethlehem Ford and Jack Jones Buick. I speak on behalf of both of those dealers tonight in that they remain opposed to the package. Even though it could be argued that they could possibly benefit from the proposed change to the CG zoning, they're still opposed to the proposed change in the LI zoning; and, even if those two are offered as a package they're opposed to the package."

6. OLD BUSINESS

Animal Ordinance - Enforcement

Mr. Schweder, referring to the article in yesterday's Morning Call regarding Bethlehem being unable to enforce their pet licensing laws, recalled that the initial draft ordinance was a lot more expansive than the finally enacted ordinance. Mr. Schweder recalled one of the concerns with the all-encompassing way in which the ordinance was initially drafted was that it probably would have required additional resources. Mr. Schweder continued on to say that through the leadership of Joseph Leeson, City Solicitor, the ordinance was able to be whittled down to a proposal that is now law and which it is believed would not require those additional expenditures by the City for a number of reasons. One was that the piece of legislation that was worked on for over a year's time was very focused and very directed. The second reason was that there was really no way to determine how many individuals would be impacted by the law, until they actually came into City Hall and sought to be in compliance with it. Mr. Schweder expressed what concerns him are the statements that for budget considerations the ordinance would not be able to be carried out or would be carried out very minimally. Mr. Schweder, stating he understands that in tight monetary and budgetary constraint times certain functions may be revised such as not aerating the golf course greens as often or perhaps not keeping all of the swimming pools open as long, questioned is there a way that for budget considerations there is the right to arbitrarily determine which laws are enforced and which ones are not enforced. Attorney Leeson replied no. Attorney Leeson confirmed to Mr. Schweder that the animal law would have to be enforced. Mr. Schweder queried if someone comes to the City to seek to be in compliance and is told there is no way to be in compliance does that lessen the City's liability if it were taken to court. Mr. Schweder, noting that under the ordinance there are criteria to be met by a pet owner including licensing, wondered what recourse the City would have if the City in fact is not licensing anyone under the ordinance.

Attorney Leeson, affirming that he and the Mayor discussed the problem today, expressed that the matter will be addressed and enforcement will occur.

Mayor Cunningham explained the question he was asked by the reporter was whether additional staff would be hired to enforce the ordinance and his answer was no in light of the budget constraints. Mayor Cunningham, pointing out it had nothing to do with whether the City would enforce the ordinance, stressed that the City's job is to enforce all ordinances. Mayor Cunningham advised that the Animal Control Officer to be appointed by the Mayor will have to come from the existing staff. Mayor Cunningham, noting there were some concerns in the department that they felt additional help might be needed, affirmed it was made clear when the proposed budget was put together that there would be no additional help but rather that the ordinance would have to be enforced with existing staff. Mayor Cunningham reiterated that the ordinance will be enforced but it will have to be done with existing staff.

Mr. Schweder, restating that the way the ordinance was crafted by Attorney Leeson was to put it into effect with minimal expense, confirmed that was one of the things that the initiators of the legislation sought. Mr. Schweder said he is pleased to hear that the ordinance will be enforced.

Mr. Delgrosso remarked that the headlines which stated "Bethlehem unable to enforce ordinance on licensing pets" told every citizen not to worry about getting a license if the City cannot enforce the ordinance. In addition, Mr. Delgrosso highlighted the fact that statements reflected in the article such as enforcement would be minimal and there is not enough staff presented to the community the wrong concept of what was trying to be achieved through the legislation. Mr. Delgrosso, pointing out that the animal ordinance passed by City Council deals with those who have six or more pets, commented there is probably only a handful of those owners in the community. Mr. Delgrosso, communicating that after a year of work there was a consolidation of seven pages of an ordinance into two or three pages, stressed that the idea was to have legislation with minimal cost impact to the City. Mr. Delgrosso expressed the hope that there will be some type of permit form at the desk for citizens to sign up. Mr. Delgrosso commented that he appreciates the Mayor's response.

Mayor Cunningham, while stating it would be nice to have someone on staff exclusively trained in dealing with extenuating situations involving animals, noted there should be minimal such situations. Acknowledging that he signed the bill into law, Mayor Cunningham remarked that as is done in a lot of cases the City will have to make do the best it can with existing staff. Mayor Cunningham expressed the belief that the Ordinance can be accomplished.

Mr. Delgrosso, remarking that as he has said in the past sometimes more has to be done with less, commented this may be one of those cases.

Pennsylvania Game Commission Public Access Program Agreement

Mrs. Belinski, denoting that yesterday the hunting season started, recounted that before August the process began for the Bethlehem Authority to join in the Pennsylvania Game Commission's program to help ensure that activities at the Watershed would finally be reigned in by the enforcement rights given to the Pennsylvania Game Warden to arrest people. Mrs. Belinski related that last Sunday morning she received a telephone call about hunters who belong to a gun club not wanting to be blamed for the all terrain vehicles (ATVs) being driven on the Watershed property. Mrs. Belinski advised that the hunters were asking her when the Bethlehem Authority's participation in the Pennsylvania Game Commission's program was going to be finalized. Mrs. Belinski, noting that she made several telephone calls, expressed her thanks to the Law Bureau for their work in finalizing the document, and to the Mayor, Bethlehem Authority Executive Director, and Controller for promptly signing it. Noting that the document was faxed last Wednesday to the State game commission office in Harrisburg, Mrs. Belinski said she received a telephone call on Wednesday night and was informed that the Bethlehem Authority's participation in the program is still not finalized. Mrs. Belinski continued on to advise that the signature of the Pennsylvania Game Commission official who oversees the northeastern reason was also required before the document could be finalized. Because it was Thanksgiving weekend, the official was not available. On Thanksgiving morning, Mrs. Belinski received a telephone call from an individual who notified her that he has seen illegal activities at the Watershed and has called the State Police and Pocono Mountain Police to report the activities, but was told that no action could be taken because he is a private citizen and not a representative of the Bethlehem Authority. Mrs. Belinski was further informed by a witness that on the evening before Thanksgiving there were at least 200 snowmobilers on the Watershed land off Hipsie Gap Road. The witness told the people they were on private land and most left, but one person refused to leave. Mrs. Belinski, expressing that initiation of the program has been unnecessarily delayed since August, stated that at the August meeting of the Bethlehem Authority the Director of the water department had said the matter of liability must be checked with the insurance carrier. Referring to the minutes of the August meeting, Mrs. Belinski noted that Solicitor Broughal reminded the Board that the liability issue came up over a year ago. Mrs. Belinski added she had been informed by the Bethlehem Authority Chairman there was not a problem with liability. Mrs. Belinski expressed frustration that the agreement with the Pennsylvania Game Commission for patrol of the Bethlehem Authority's Watershed lands has yet to be accomplished.

Christmas Tree - City Center Plaza

Mr. Delgrosso thanked the Mayor, Charles Brown, Director of Parks and Public Property, Michael Alkhal, Director of Public Works, Michael Wagner and others involved for their work in placing a large Christmas tree with numerous lights on the City Center Plaza. Mr. Delgrosso expressed the hope that through working with the Christmas City Committee more can be accomplished from this start.

Article About Charles Brown, Director of Parks and Public Property

Mrs. Belinski commented on the very nice newspaper article about Charles Brown, Director of Parks and Public Property, and remarked he deserves every word of praise.

7. COMMUNICATIONS

A. Director of Community and Economic Development - LERTA Program

The Clerk read a memorandum dated November 27, 2002 from Tony Hanna, Director of Community and Economic Development, in which it was requested that City Council approve a continuation of the City's two Local Economic Revitalization Tax Assistance (LERTA) Ordinances for the Enterprise Zone and North Side Central Business District for another two year period through December 2004.

President Gregory stated that Bills 58 and 59 are listed on the Agenda for First Reading. President Gregory further stated, if the Community Development Committee so desires, a Committee meeting can be scheduled before Final Reading that is anticipated at the next City Council Meeting on December 17, 2002.

Mr. Schweder, Chairman of the Community Development Committee, advised that if concerns are raised a Committee meeting if necessary could be held prior to Final Reading.

Mr. Delgrosso inquired whether the LERTA Ordinances must be approved first by the City, followed by the School District and the County. Attorney Leeson advised that he would review the matter.

8 . REPORTS

A. President of Council

President Gregory announced the remaining Budget Hearings on December 5, 9, and 12, 2002 at 7:30 PM in Town Hall.

President Gregory welcomed Boy Scout Troop 310 and their leaders who were in attendance at the meeting.

B. Mayor

1. Administrative Order - David J. Dulick - Bethlehem Authority

Mayor Cunningham appointed David J. Dulick to the Bethlehem Authority effective until January 2005. Ms. Szabo and Mr. Donchez sponsored Resolution 13,966 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.

Christmas Tree

Mayor Cunningham acknowledged and thanked Mr. Delgrosso for his comments about the staff's work on the new Christmas Tree on the City Center Plaza. Mayor Cunningham thanked Mr. Delgrosso for his initiative in requesting the tree and his tenacity in seeing that it was accomplished for the Christmas season. Mayor Cunningham remarked that the large Christmas Tree on the City Center Plaza is a nice addition to the decorations throughout the City.

C. Public Safety Committee

Mr. Donchez, Chairman of the Public Safety Committee, presented an oral report of the Committee's meeting held this evening, December 3, 2002 on the following subject: Towing Contract Provisions.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 43 - 2002 - Amending Zoning Ordinance Section 1316.02 - LI District - Deleting Motor Vehicle Sales and Service Agency

The Clerk read Bill No. 43 - 2002, Amending Zoning Ordinance Section 1316.02 - LI District - Deleting Motor Vehicle Sales and Service Agency, on Final Reading.

Mr. Callahan, referring to recent discussions and a newspaper article today related to the possible movement to table the Bill, said he would like to come out strongly against that proposal for one basic reason. Mr. Callahan asserted the matter comes down to one issue, which it should have all along, that is to have a car dealership allowed by right in the LI zoning district. Continuing on to say that others including the Planning Bureau, Planning Commission, the car dealers, and business owners have made it clear that it is the only issue and it makes sense to keep car dealerships in the LI zoning district, Mr. Callahan did not think it was right to have the issue hanging over the heads of these people indefinitely if the Bill is tabled this evening. Mr. Callahan, pointing out that statements have been made by Members of Council that this issue has no relationship to development of the former Durkee plant site, questioned why would there be a move to table this issue now. Mr. Callahan, stating that the Bill has made its way properly through the process and sits before Council for Final Reading this evening, said he does not know what new information Council would expect to get, and what waiting any longer would accomplish. Mr. Callahan, restating that the basic question is do car dealerships belong by right in the LI zoning district, remarked "take out all the other peripherals and I think we should vote on this this evening. If you think car dealerships belong in CG, well that's an issue we can take up later on, and we can cross that bridge when we come to it. We'll vote on that when it comes before us." Mr. Callahan expressed "what we have before us this evening is a half-passed piece of legislation. And, the business owners that have been adversely affected by this legislation should not have to exist under a half-passed piece of legislation." Mr. Callahan expressed the hope that the Bill would move forward this evening, and that it would be voted down.

Mr. Schweder, affirming that he is going to move to table the Bill, said the reason he is going to do it has nothing to do with anything that appeared in the newspaper. Mr. Schweder highlighted the fact that at the last City Council meeting he stated the Bill could move on First Reading, and there would be an appropriate time to table the Bill until after return by the Planning Commission of its recommendation on the provision pertaining to the CG zoning district, and there would be the opportunity to vote on both Bill 43 and the Bill that would contain the amendment to place automobile sales and service agencies in the CG zoning district by right.

Tabling Bill 43 - 2002

Mr. Schweder, stating it was clear two weeks ago as to why he was going to move to table Bill 43 tonight, that is to consider the two bills together, said he would so move to table Bill No. 43 - 2002. Ms. Szabo seconded the motion.

Voting AYE on the motion to table Bill No. 43 - 2002: Mrs. Belinski, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, and Ms. Szabo, 5. Voting NAY: Mr. Callahan and Mr. Gregory, 2. Bill No. 43 - 2002 was Tabled.

Mr. Delgrosso noted that, if Bill 43 were to have passed and car dealerships were taken out of the LI zoning district, and if the Planning Commission were to come back to Council with strong reasons why car dealerships should not be in the CG zoning district, then the car dealers have lost their rights. As a result, Mr. Delgrosso thought that the appropriate action was to table Bill 43 as was done, listen to the arguments, and then afterwards Council can decide that automobile sales and service agencies do not belong in CG and belong back in LI, or otherwise. Mr. Delgrosso continued on to say in this way at least there will be an entire process and debate, and good decisions can be made. Mr. Delgrosso restated his agreement with tabling Bill 43.

B. Bill No. 44 - 2002 - Establishing New Article 905.02 - New Developments - Curb, Gutter, and Sidewalk Requirements

The Clerk read Bill No. 44 - 2002, Establishing New Article 905.02 - New Developments - Curb, Gutter, and Sidewalk Requirements, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 44 - 2002, hereafter to be known as Ordinance 4159, was declared adopted.

C. Bill No. 56 - 2002 - General Obligation Note - Municipal Street Lighting System

The Clerk read Bill No. 56 - 2002, General Obligation Note - Municipal Street Lighting System, on Final Reading.

President Gregory confirmed that City Council received a letter dated December 2, 2002 from Attorney Peter Carlucci, Bond Counsel, requesting that Final Reading of the Ordinance be deferred to the December 17, 2002 City Council Meeting in order to allow sufficient time for proper advertisement in accordance with the Local Government Unit Debt Act. Accordingly, President Gregory said he would accept a motion to table Bill No. 56 - 2002.

Tabling Bill No. 56 - 2002

Mr. Schweder moved to table Bill No. 56 - 2002. Mr. Delgrosso seconded the motion.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 56 - 2002 was Tabled.

D. Bill No. 57 - 2002 - Amending 2002 General Fund Budget - Local Law Enforcement Block Grant Equipment and DUI Overtime

The Clerk read Bill No. 57 - 2002, Amending 2002 General Fund Budget - Local Law Enforcement Block Grant Equipment and DUI Overtime, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 57 - 2002, hereafter to be known as Ordinance 4160, was declared adopted.

10. NEW ORDINANCES

A. Bill No. 58 - 2002 - Amending Article 342 - Continuing LERTA Program - Enterprise Development Area

The Clerk read Bill No. 58 - 2002, sponsored by Mrs. Belinski and Mr. Schweder, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING ARTICLE 342 OF THE CODIFIED ORDINANCES OF THE CITY OF BETHLEHEM, ENTITLED LOCAL ECONOMIC REVITALIZATION TAX ASSISTANCE - ENTERPRISE DEVELOPMENT AREA, BY CONTINUING THE LERTA PROGRAM THROUGH DECEMBER 2004.
Mr. Delgrosso queried whether the Bethlehem Area School District and Northampton County have to pass legislation by the end of December 2002 in order to continue the LERTA program. Mr. Delgrosso communicated that, due to the lateness, there may be a problem in the event the City has to pass the LERTA legislation before it is presented to the Bethlehem Area School District and Northampton County for their consideration. Mr. Delgrosso requested that the Administration make sure that the proper order is being followed. Attorney Leeson indicated that Council could consider the Ordinance on First Reading and the situation could be reviewed in the meantime.
Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 58 - 2002 was declared passed on First Reading.

A. Bill No. 59 - 2002 - Amending Article 343 - Continuing LERTA Program - North Side Central Business District

The Clerk read Bill No. 59 - 2002, sponsored by Mrs. Belinski and Mr. Schweder, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING ARTICLE 343 OF THE CODIFIED ORDINANCES OF THE CITY OF BETHLEHEM, ENTITLED LOCAL ECONOMIC REVITALIZATION TAX ASSISTANCE - NORTH SIDE CENTRAL BUSINESS DISTRICT, BY CONTINUING THE LERTA PROGRAM THROUGH DECEMBER 2004.
Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 59 - 2002 was declared passed on First Reading.
11. RESOLUTIONS

A. Certificate of Appropriateness - 110 East Third Street

Ms. Szabo and Mr. Schweder sponsored Resolution 13,967 which granted a Certificate of Appropriateness to replace the existing wall sign with a new internally illuminated and individually lettered wall sign at 110 East Third Street.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed.

B. Certificate of Appropriateness - 738 East Fourth Street

Ms. Szabo and Mr. Schweder sponsored Resolution 13,968 which granted a Certificate of Appropriateness to install an exterior accessible ramp in front of the commercial business at 738 E. Fourth Street.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed.

C. Certificate of Appropriateness - 437-439 Wyandotte Street

Ms. Szabo and Mr. Schweder sponsored Resolution 13,969 which granted a Certificate of Appropriateness to alter the exterior of 437-439 Wyandotte Street.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed.

12. NEW BUSINESS

Committee Meeting Announcement

Mrs. Belinski, Chairwoman of the Parks and Public Property Committee, announced a meeting of the Committee on Thursday, December 5, 2002 at 6:45 PM in Town Hall.

13. COURTESY OF THE FLOOR

LERTA Program

Patrick Herrity, 432 Hawthorne Road, asked if the LERTA program could be explained to the Boy Scout Troop in attendance.

Mayor Cunningham explained that in order to have new businesses come into specific areas of the City incentives are given to businesses to locate in those areas in Bethlehem through the LERTA program that offers a ten year tax abatement. Mayor Cunningham, explaining the sliding tax scale, noted that beginning with the first year a businesses would pay 10% of the tax they would have otherwise have to pay up to the tenth year when the full real estate tax bill would be paid. Mayor Cunningham added that the three taxing bodies, the City, the County and the Bethlehem Area School District, need to participate in the LERTA program which must be renewed every two years. Mayor Cunningham affirmed that the LERTA program has been a good incentive to get old industrial land or land in the downtown developed.

Mr. Delgrosso informed Mr. Herrity that, in addition to the Enterprise Zone, the LERTA program is effective for the North Side Central Business District, and applies to new development and business additions under a separate tax abatement schedule.

Dana Grubb, Deputy Director of Community Development, noting that LERTA stands for Local Economic Revitalization Tax Assistance, further explained the two sections of the City that the program covers.

Mr. Schweder affirmed to Mr. Herrity the map shows that the edge coming down Broad Street is included in the LERTA program.

14. ADJOURNMENT
The meeting was adjourned at 8:27 p.m.
ATTEST:

City Clerk