Council Minutes

May 18, 2004 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, May 18, 2004 – 7:30 PM – Town Hall

1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL

President J. Michael Schweder called the meeting to order. Pastor Robert Bast of Emmanuel Evangelical Congregational Church offered the invocation which was followed by the pledge to the flag. Present were Ismael Arcelay, Jean Belinski, Robert J. Donchez, Joseph F. Leeson, Jr., Gordon B. Mowrer, Magdalena F. Szabo, and J. Michael Schweder, 7.

Recognizing Boy Scouts

President Schweder recognized Austin Emmons and Nick Cygan from Boy Scout Troop 318 who were in attendance at the Meeting.
Citations – Honoring Raymond Crouthamel and James Shestak

President Schweder stated that Citations for Raymond D. Crouthamel who retired from the Fire Department after 24 years of service, and for James Shestak who retired from the Fire Department after 24 years of service, will be forwarded to them since they were unable to be present this evening.

4. APPROVAL OF MINUTES

The minutes of May 4, 2004 were approved.

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

None.

6. OLD BUSINESS

Community Policing

Mr. Arcelay, thanking Francis Donchez, Police Commissioner, for the correspondence concerning Community Policing, inquired how Police Officers are chosen for the program.

Police Commissioner Donchez, explaining that the best Community Police Officers are the ones who want to be there, affirmed it is a voluntary process. He added that four or five Officers have expressed interest in potentially two openings.

Mr. Arcelay inquired what would happen in the event there were not volunteers. Police Commissioner Donchez communicated that someone might have to be directed to accept a position.

Police Department – Staffing Levels

Mr. Arcelay asked if any thought has been given to the matter of Police staffing levels during the day and evening shifts that was the subject of a survey conducted by Mr. Arcelay.

Police Commissioner Donchez, advising there have not been any changes, explained he has given some thought to the reasons for the staffing levels. Police Commissioner Donchez highlighted the fact that the City of Bethlehem’s Police Department is one of the few that does reports for non-reportable accidents where there is no injury or towing, and confirmed that the City is not required by law to do non-reportable accident reports. Police Commissioner Donchez, pointing out that the reports have been done for at least the 23 years he has been a member of the Police Department, emphasized he feels strongly about it because it is a service provided to citizens. He added that funeral escorts and school posts are among the other services provided. Police Commissioner Donchez explained one of the reasons for the staffing levels is because a lot of these things happen during the daytime hours rather than 11:00 p.m. to 7:00 a.m.

Mr. Arcelay observed that, with the upcoming summer months, given the staffing levels and complaints, he would assume matters would probably get worse. Mr. Arcelay asked if the issue could be revisited and consideration given to increasing staffing numbers in the evenings that are higher crime times.

Police Commissioner Donchez affirmed that the schedule for Community Police Officers is adjusted during the summer so they are out at later hours, in addition to several Overtime positions that start up during the summer such as Police Officers who work in the Pembroke area funded by the Bethlehem Housing Authority, as well as the Officers who work in Yosko Park and do Park Patrol that are grant programs.

7. COMMUNICATIONS

A. Assistant City Solicitor – Records Destruction – City Solicitor’s Office

The Clerk read a memorandum dated May 10, 2004 from William Alexander Karras, Assistant City Solicitor, to which was attached a proposed resolution authorizing the destruction of records from the City Solicitor’s Office as listed on Exhibit A in accordance with the Municipal Records Retention Act.

President Schweder stated that the authorizing Resolution will be placed on the June 1, 2004 Agenda.

B. Director of Planning and Zoning – Design Guidelines for South Bethlehem Historic Conservation District

The Clerk read a memorandum dated May 3, 2004 from Darlene Heller, Director of Planning and Zoning, to which was attached the final Design Guidelines and Sign Guidelines for the South Bethlehem Historic Conservation District. These guidelines clarify which renovations and restoration work are appropriate in the district and which are not. The South Bethlehem Historic Conservation Commission requested Council’s input prior to finalization of the guidelines.

President Schweder referred the matter to the Community Development Committee.

C. Request for Intermunicipal Transfer of Retail Liquor License – 1301 West Broad Street

The Clerk read a letter dated May 13, 2004 from Attorney George M. Baurkot, requesting approval for the transfer of Liquor License No. E-03975 previously owned by Bertolo’s Pizzeria at 2431 Emaus Avenue, Allentown PA 18103, to Abe’s Six Pack & Deli, Inc., 1301 West Broad Street, Bethlehem PA 18018.

Scheduling Public Hearing

Mr. Donchez and Mr. Leeson moved to schedule a Public Hearing on June 1, 2004 at 7:30 PM in Town Hall.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

D. City Solicitor – Lease Agreement – Police Substation – 520 Broadway

The Clerk read a memorandum dated May 14, 2004 from John F. Spirk, Jr., City Solicitor, to which was a attached a proposed Lease Agreement between Jennie Phillip and the City of Bethlehem for lease by the City of Bethlehem of an 800+/- Square Foot Commercial Office Unit on the First Floor of 520 Broadway for a Police Substation, according to the terms and conditions of the Agreement.

President Schweder stated that authorizing Resolution 11 H is listed on the Agenda.

8 . REPORTS

A. President of Council

None.

B. Mayor

Community Policing Conference Hosted by City of Bethlehem

Mayor John B. Callahan highlighted the fact that the City of Bethlehem was privileged to host a State-wide conference on Community Policing. He noted that Police Commissioner Donchez, as well as a number of Block Watch captains and members, and members of the Bethlehem Police Department were in attendance at the excellent program that took place today at Lehigh University’s Mountaintop Campus.

Police Substation – Five Points Area

Mayor Callahan thanked City Council for placing on tonight’s Agenda the Resolution for a Police Substation at 520 Broadway. He noted that the Administration worked hard over the last five months to return a Substation to the Five Points area after almost a year’s absence, and added it is important to have Police presence in this vital gateway to the City. Mayor Callahan, affirming that the City is focusing a lot of efforts in the Five Points area in terms of traffic, blight elimination, and vacant property review, commented that, as was discovered at the conference today, it all starts with Community Policing, safe neighborhoods and streets. Mayor Callahan commended Tony Hanna, Director of Community and Economic Development, Charles Brown, Director of Parks and Public Property, John Spirk, City Solicitor, and Francis Donchez, Police Commissioner, for their hard work on the Police Substation project.

C. Finance Committee

Mr. Donchez, Chairman of the Finance Committee, presented an oral report of the Committee’s meeting held on May 13, 2004 on the following subjects: Amending General Fund Budget – Police Department (A.) Overtime and (B.) Project Safe Neighborhood; Change Order – Screenings and Grit Conveying System; Amending Sewer Fund Budget – Wastewater Treatment Plant – Equipment Change; Transfer of Funds – Sewer Capital Budget – West Intermediate Clarifier Modification; Transfer of Funds – Water Capital Budget – Sidewalk/Trench Restoration; Transfer of Funds – Water Capital Budget – South Side Reservoir Emergency Engine Replacement; Amending Liquid Fuels Fund Budget – 2004 Allocation; Transfer of Funds – Community Development Budget – Senior Centers; Amending Non-Utility Capital Budget (A.) Illick’s Mill Partnership Grant Funding, (B.) Illick’s Mill, (C.) TANF Housing Program, (D.) Illick’s Mill – Keystone Grant, (E.) South Side Business District, (F.) Traffic Safety Improvements, (G.) Community Reinvestment Program Grant, (H.) Sand Island – Phase C; Transfer of Funds – Housing Inspections – Equipment; Amending Community Development Budget – HOME Program (A.) First Time Home Buyer Loans and (B.) Housing Rehabilitation.

D. Parks and Public Property Committee

Mrs. Belinski, Chairwoman of the Parks and Public Property Committee, presented an oral report of the Committee’s meeting held prior to this evening’s City Council Meeting on the following subject: Use Permit Agreement – Steelworkers’ Archives, Inc. – Bethlehem Historical and Cultural Festival.
E. Community Development Committee

Ms. Szabo, Chairwoman of the Community Development Committee, presented an oral report of the Committee’s meeting held prior to this evening’s City Council Meeting on the following subject: Adoption of Pennsylvania Uniform Construction Code and Fees.

Community Policing Conference

Ms. Szabo advised that she also attended the Pennsylvania Regional Committee on Community Policing today at Lehigh University.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 13 – 2004 – Amending General Fund Budget – Police Department – Overtime and Project Safe Neighborhood

The Clerk read Bill No. 13 – 2004, sponsored by Mr. Donchez and Mr. Arcelay, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2004.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 13 - 2004 was declared passed on First Reading.

B. Bill No. 14 – 2004 – Amending Liquid Fuels Fund Budget – 2004 Allocation

The Clerk read Bill No. 14 - 2004, sponsored by Mr. Donchez and Mr. Arcelay, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE LIQUID FUELS FUND BUDGET FOR 2004.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 14 - 2004 was declared passed on First Reading.

C. Bill No. 15 – 2004 – Amending Non-Utility Capital Budget – Community Development Programs

The Clerk read Bill No. 15 – 2004, sponsored by Mr. Donchez and Mr. Arcelay, and
titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2004 CAPITAL BUDGET FOR NON-UTILITIES.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 15 - 2004 was declared passed on First Reading.

D. Bill No. 16 – 2004 – Amending Community Development Budget – HOME Program

The Clerk read Bill No. 16 – 2004, sponsored by Mr. Donchez and Mr. Arcelay, and
titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE COMMUNITY DEVELOPMENT BUDGET FOR
2004.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 16 - 2004 was declared passed on First Reading.

11. RESOLUTIONS

Motion – Taking Resolution 11 A From the Table

Mr. Leeson and Mr. Arcelay moved to take Resolution 11 A from the Table.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

A. Certificate of Appropriateness – 217 East Third Street

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,370 which granted a Certificate of Appropriateness to construct a new building at 217 East Third Street.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution passed.

B. Amending Lease Agreement – Food Stands at Memorial and Saucon Pools

Mr. Leeson and Mrs. Belinski sponsored Resolution 14,371 which authorized the execution of Amendment No. 1 to Lease Agreement between PKW Enterprises and the City of Bethlehem for use of Memorial Pool at Illick’s Mill Road and Saucon Pool at Millside Drive for Food Concession Stands for a renewal term of three years, beginning on Opening Day of the 2004 Swimming Season and ending on the Closing Date of the 2006 Swimming Season, with an option to renew for an additional three year period, according to the terms of the Agreement.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution passed.

C. Authorizing Execution of Use Permit Agreement – Steelworkers’ Archives – Bethlehem Historical and Cultural Festival

Mr. Leeson and Mrs. Belinski sponsored Resolution 14,372 which authorized the execution of a Use Permit Agreement between the Steelworkers’ Archives, Inc. and the City of Bethlehem for use of various City properties for the Bethlehem Historical and Cultural Festival for the time period June 7 through June 16, 2004, according to the terms of the Agreement.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution passed.

Motion - Considering Resolutions 11 D through 11 G As A Group

Mr. Donchez and Mr. Mowrer moved to consider Resolutions 11 D through 11 G as a group.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

D. Transfer of Funds – Sewer Capital Budget – West Intermediate Clarifier Modification

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,373 which transferred $50,000 in the Sewer Capital Budget from the Digester Repair/Rehabilitation Account to the West Intermediate Clarifier Modification Account to provide funds to complete additional identified necessary items as part of the West Intermediate Clarifier Modifications project.

E. Transfer of Funds – Water Capital Budget – Sidewalk/Trench Restoration

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,374 which transferred $42,000 in the Water Capital Budget from the Telemetering System Upgrade – Phase II Account to the Sidewalk/Trench Restoration Account to pay 2003 project bills.

F. Transfer of Funds – Water Capital Budget – South Side Reservoir Emergency Engine
Replacement

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,375 which transferred $18,000 in the Water Capital Budget from the Telemetering System Upgrade – Phase II Account to the Southside Reservoir Emergency Engine Replacement Account to provide additional funding for the account.

G. Transfer of Funds – Housing Inspections – Equipment

Mr. Donchez and Mr. Arcelay sponsored Resolution 14,376 which transferred $400 in the General Fund Budget from the Housing Inspections – Uniforms/Safety Shoes Account to the Housing Inspections – Equipment Account for the purchase of a digital camera and accessories.

Voting AYE on Resolutions 11 D through 11 G: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolutions passed.

H. Authorizing Execution of Lease Agreement – Police Substation – 520 Broadway

Mr. Leeson and Mr. Donchez sponsored Resolution 14,377 which authorized the execution of Lease Agreement between Jennie Phillip and the City of Bethlehem for lease by the City of 800+/- Square Foot Commercial Office Unit on the First Floor of 520 Broadway for a Police Substation for five years, according to the terms of the Agreement.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution passed.

Motion - Considering Resolutions 11 I through 11 N As A Group

Mr. Donchez and Mr. Leeson moved to consider Resolutions 11 I through 11 N as a group.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

I. Certificate of Appropriateness – 38-44 East Wall Street

Mr. Mowrer and Mr. Leeson sponsored Resolution 14,378 which granted a Certificate of Appropriateness to replace gutters and downspouts at 38-44 East Wall Street.

J. Certificate of Appropriateness – Nain Schober House

Mr. Mowrer and Mr. Leeson sponsored Resolution 14,379 which granted a Certificate of Appropriateness to restore the exterior of the Nain Schober House.

K. Certificate of Appropriateness – 79 West Market Street, Suite 200

Mr. Mowrer and Mr. Leeson sponsored Resolution 14,380 which granted a Certificate of Appropriateness to install a non-illuminated flat wall sign at 79 West Market Street, Suite 200.

L. Certificate of Appropriateness – 404 Center Street

Mr. Mowrer and Mr. Leeson sponsored Resolution 14,381 which granted a Certificate of Appropriateness to construct an addition and renovate the exterior of 404 Center Street.

M. Certificate of Appropriateness – 42 East Church Street

Mr. Mowrer and Mr. Leeson sponsored Resolution 14,382 which granted a Certificate of Appropriateness to paint the exterior at 42 East Market Street.

N. Certificate of Appropriateness – 450 Main Street

Mr. Mowrer and Mr. Leeson sponsored Resolution 14,383 which granted a Certificate of Appropriateness to install signs at 450 Main Street.

Voting AYE on Resolutions11 I through 11 N: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolutions passed.

12. NEW BUSINESS

Applebutter Road – Historic District

Mrs. Belinski inquired whether there is any information available regarding the Applebutter Road Historic District.

Tony Hanna, Director of Community and Economic Development, advising that the matter is very preliminary, said he would be happy to share information with Council.

RiverFusion Concert – Sand Island – Loud Music

President Schweder asked if there was a certain time by which the music at the RiverFusion concert at Sand Island on Sunday, May 16 had to be concluded.

Charles Brown, Director of Parks and Public Property, replied that the music had to be concluded by 10:00 p.m. but it ran later than that. Mr. Brown added that the City did receive complaints from the Brighton Street area.

President Schweder, advising that he received several calls well after 10:00 p.m. about the music, stressed that the sound which resonated over the telephone from the people in South Bethlehem who called him was really intolerable, and further advised he was informed that the music started before 9:30 a.m. President Schweder inquired whether the City receives complaints like this about other festivals, or whether the complaints were unique to the RiverFusion concert.

Mr. Brown explained that the festival stage was turned to face St. Luke’s Hospital and it was too late for the City to do anything about it. Mr. Brown continued on to say the sound carried to the Brighton Street and St. Luke’s Hospital areas. Mr. Brown, confirming that the Administration did meet today with the RiverFusion representatives about the matter, communicated that hopefully it will be corrected.

President Schweder, expressing that the situation should be corrected or a reasonable curfew hour should be established, observed that even 10:00 p.m. seems late for the event, but to have the music extend beyond that is not acceptable. President Schweder pointed out his understanding from residents who live closer to Sand Island is that it was as if the stage was turned on the First Ward of the City of Bethlehem.

Mr. Brown affirmed to President Schweder that the Administration has already looked into having the matter corrected.

Ms. Szabo informed the assembly that she, too, received telephone calls earlier in the day because the callers told her the music started at 9:00 a.m. Ms. Szabo said it was her intent to take up a possible amendment of the noise ordinance so that whoever gets permission to have these events with music would have to sign an agreement to know how to handle their loud speaker systems because some people do not realize that the farther away a person is from the noise the louder it is. Ms. Szabo commented that the organizers have to agree to be reasonable and sensitive to other neighborhoods.

Mrs. Belinski, recounting that a few years ago there were complaints about the music from Musikfest, said a resident of Vernon Street, that runs parallel to Wyandotte Street, could hear the music from that location. Mrs. Belinski observed it seems as though sound waves travel in that direction.

Mr. Brown explained this was the worst that the City ever had. He reaffirmed that RiverFusion representatives were called today and informed them that the situation has to be straightened out, and stop the music early.

Mrs. Belinski asked whether the City has received complaints lately about Musikfest.

Mr. Brown advised that the people who complained said they do not have a problem with Musikfest, but the music at RiverFusion went all day and late into the evening.

Ms. Szabo inquired whether the music was allowed to start at 9:00 a.m.

Mr. Brown, informing Ms. Szabo that 1:00 p.m. was the start time, noted that in the morning the musicians were practicing.

13. COURTESY OF THE FLOOR

RiverFusion Concert – Sand Island – Loud Music

Peter Crownfield, 569 Brighton Street, said he can confirm that the music was very loud.

Patriot Act

Mr. Crownfield, expressing his understanding is that Council is making some progress towards a Resolution on the Patriot Act, said he looks forward to hearing soon when that can be considered, and wondered whether Council could tell him when.

President Schweder, noting he has asked Christopher Spadoni, City Council Solicitor, to draft language which he has done, stated it has been shared with Ms. Szabo who will return it to President Schweder, and it will be shared with the other Members of Council. President Schweder, while commenting it would be his hope that the topic will come before City Council in one form or another no later than June 15, observed that dates do not necessarily always hold.

Dane Frazier, 39 University Street, said he is glad that Council has decided to do something about the Patriot Act. He added it means a lot to him and to a lot of other people. Mr. Frazier, informing the Members that he did some research, notified Council he has about seven pages listing cities that have passed civil liberties resolutions, ordinances, and initiatives against the Patriot Act from four states, 315 local governments, and a total population of about 51,190,476 people. Mr. Frazier communicated if there is that many people who have addressed the issue then there is initiative to do something about it. Mr. Frazier noted that Pittsburgh, Berks County, Reading, and York are the municipalities in Pennsylvania that have passed legislation on the issue. Mr. Frazier, turning to an article from the Associated Press, commented that it states the legalities that have changed from the Patriot Act that was published September 5, 2002 including freedom of association to the right to liberty. Mr. Frazier said he would appreciate if Council would look at the information. Mr. Frazier advised that he keeps going over the Patriot Act. Mr. Frazier notified the assembly that he has started a project to have youth informed about the Patriot Act.

RiverFusion Concert – Sand Island

Mr. Frazier, acknowledging that the music at RiverFusion was pretty loud, pointed out that Musikfest is an entire week. Expressing the belief that music is one of the arts that is important to society, Mr. Frazier noted that RiverFusion is a one day event and asked that City officials take that into consideration.

14. ADJOURNMENT
The meeting was adjourned at 8:07 p.m.
ATTEST:

City Clerk