BETHLEHEM CITY COUNCIL MEETING

October 19, 2004 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, October 19, 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. Monsignor William Handges, of Notre Dame of Bethlehem 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.

Public Hearing – 2005 CDBG and HOME Programs

Prior to the consideration of the regular Agenda items, President Schweder called to order a Public Hearing on the City of Bethlehem Proposed Action Plan for Fiscal Year 2005 that includes funding under the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs.

Dana Grubb, Deputy Director of Community Development, noted that the Public Hearing is part of the overall public participation process by which the City seeks public input in crafting the activities that are funded from year to year under both the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs. Currently, the proposed plan and the City’s Five Year Consolidated Plan are available at the City Clerk’s Office, the Bethlehem Area Public Library, and in the Community and Economic Development Office for review by any individual, will be on display until November 1, 2004, and written comments will be accepted until November 3, 2004.

Mr. Grubb reviewed the proposed 2005 CDBG and HOME activities, as follows:

2005 CDBG Program - $2,235,109 - Public Facilities: Saucon Park Improvements - $50,000, South Side Parks/Playgrounds - $117,712, EMS/Ambulance – purchase ambulance - $164,000, Lehigh Valley Child Center – renovation - $75,000, Holy Bethel Pentecostal Church Child Care – design and engineering - $2,000; Infrastructure: Street Overlays - $100,000, Curb Ramps - $75,000, E. Sixth St. – Phase I improvements - $140,000, Street Landscaping – replace street trees - $20,000, Street improvements – design and engineering - $30,000; Public Services: Bethlehem Health Bureau – dental program - $1,000, Community Policing - $20,000, Community Policing - $110,680, Financial Counseling – Community Action Committee of Lehigh Valley - $27,500, Handicapped Services – Lehigh Valley Center for Independent Living, Inc. - $25,000; Economic Development: Program delivery - $126,147, Bethlehem Redevelopment Authority – administration - $10,000, Department of Community and Economic Development – program delivery - $170,000, Micro-enterprise Development - $25,000, Façade Program - $158,570, FRED Program - $150,000, BEAR Program - $90,000; 2005 HOME Program - $600,000 - Housing: CHDO Operation - $30,000, Home Ownership – Habitat for Humanity - $150,000, Home Ownership Outreach Program (HOOP) - $150,000, Delivery of HOOP – Neighborhood Housing Services of the Lehigh Valley - $5,000, Housing Rehabilitation Program - $240,000 and $70,000, YMCA - $200,000; Planning: Program Administration - $130,000, Community Development Consulting - $45,000, Demolition - $25,000, Elm Street Program Improvements - $100,000, Federally Qualified Health Center - $2,500; Reprogrammed Activities - $235,109. In the Reprogrammed Activities category, Mr. Grubb advised that Program Income of $60,175 includes $37,000 allocated towards the buyout on the CDBG funded ambulance.

Mr. Grubb affirmed to President Schweder that there are no changes in what he presented this evening from what was presented at the Community Development Committee meeting on September 16, 2004. Mr. Grubb further confirmed to President Schweder that the proposal would be available for amendment by any Member of Council at the November 3, 2004 City Council Meeting.

No one from the Public spoke to the matter of the Public Hearing.

President Schweder stated that the appropriate Resolution will be placed on the November 3, 2004 City Council Meeting Agenda.

The Public Hearing was adjourned at 7:45 p.m.

4. APPROVAL OF MINUTES

The minutes of October 5, 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

None.

7. COMMUNICATIONS

A. Attorney James Broughal – Zoning Ordinance Text Amendment – Township Line Road – Overlay District

The Clerk read a letter dated September 29, 2004 from Attorney James L. Broughal, on behalf of Nic Zawarski and Sons Developers, Inc., requesting a Zoning Text Amendment for an RR Overlay Zone for property located on the west side of Township Line Road adjacent to Route 22 containing approximately 10 acres.

President Schweder referred the request to the Planning Commission and to the Lehigh Valley Planning Commission.

Scheduling Public Hearing

Mr. Donchez and Mr. Mowrer moved to schedule a Public Hearing on the Zoning Text Amendment on Tuesday, December 7, 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.

B. Deputy Director of Community Development – PennDOT – Highway Safety Program Grant

The Clerk read a letter dated October 7, 2004 from Dana B. Grubb, Deputy Director of Community Development, requesting consideration of a proposed Resolution authorizing the execution of grant documents for funding in the amount of $53,950 for the City’s Health Bureau to continue the Highway Safety Program through the Pennsylvania Department of Transportation focused on public awareness and education efforts to address highway issues.

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

C. Director of Public Works – Bethlehem Commerce Center – Act 537 Special Study

The Clerk read a memorandum dated October 6, 2004 from Michael Alkhal, Director of Public Works, requesting a resolution required by the Pennsylvania Department of Environmental Protection to adopt the Bethlehem Commerce Center, Special Study – Act 537 prepared for the City by Schoor DePalma, prior to issuing a permit for construction of the sanitary sewer facilities proposed in Commerce Center Boulevard. The purpose of the study is to demonstrate that the proposed sewer main in Commerce Center Boulevard is adequate for the anticipated flows and that the City’s existing system has the necessary conveyance and treatment capacity.

President Schweder stated that the authorizing Resolution will be listed on the November 3, 2004 Agenda, unless the members of the Public Works Committee wish to review the matter.

D. Business Administrator – 2004 State Aid – Pension

The Clerk read a memorandum dated October 8, 2004 from Dennis Reichard, Business Administrator, advising that the check for State Aid Pension Funding was received on September 30, 2004 payable to the Treasurer of the City of Bethlehem in the amount of $2,532,879.02. The proceeds have been allocated as follows: Police Pension Fund - $631,272; Fire Pension Fund - $521,540; PMRS Pension Fund – $251,874. Also attached to the memorandum was correspondence pertaining to excess State Aid for 2004 received by the City and allocated to the PMRS, Police, Fire, and Officers and Employees Pension Funds.

President Schweder stated that the authorizing Resolution will be listed on the November 3, 2004 Agenda.

E. Assistant City Solicitor – Records Destruction – Purchasing Department

The Clerk read a memorandum dated October 13, 2004 from William Alexander Karras, Assistant City Solicitor, to which was attached a proposed resolution to destroy the records from the Purchasing Department listed on the attached exhibit according to the Municipal Records Retention Act.

President Schweder stated that the authorizing Resolution will be placed on the November 3, 2004 Agenda.

F. Public Works Director – Paint Mill Bridge Project – Agreement with PPL

The Clerk read a memorandum dated October 11, 2004 from Michael Alkhal, Director of Public Works, to which was attached a Resolution and an Agreement between the City and PPL for costs to relocate electric distribution facilities during the Paint Mill Bridge Replacement project on Schoenersville Road over the Monocacy Creek. The estimated cost is $8,540.66 of which 95% is reimbursable from PennDOT to the City.

President Schweder stated that Resolution 11 V is listed on the agenda.

G. Public Works Director – Paint Mill Bridge Project – Agreement with UGI

The Clerk read a memorandum dated October 11, 2004 from Michael Alkhal, Director of Public Works, to which was attached a Resolution and an Agreement between the City and UGI to cover costs to install steel supports and wall sleeves for a future gas line as part of the Paint Mill Bridge Replacement project on Schoenersville Road over the Monocacy Creek. The estimated cost of this work is $1,343 and will be paid directly to the bridge contractor by the City and then the City will be reimbursed 100% of the cost by UGI.

President Schweder stated that Resolution 11 W is listed on the agenda.

H. Public Works Director – Paint Mill Bridge Project – Federal Aid Reimbursement Agreement

The Clerk read a memorandum dated February 19, 2004 from Michael Alkhal, Director of Public Works, to which was attached a Resolution and Federal Aid Reimbursement Agreement No. 050218-E for the Paint Mill Bridge Replacement Project on Schoenersville Road over the Monocacy Creek. This is an amendment to Agreement No. 050218-D to add funds in the amount of $290,000 which augments the existing funding of $1,570,000 for construction. This results in total funding of $1,870,000 for construction, in order to accommodate the construction bid of $1,832,158.30. The City will be reimbursed 95% of these costs. Further, Paragraph 3 of the amendment revises the Audit Clause.

President Schweder stated that Resolution 11 X is listed on the agenda.

8 . REPORTS

A. President of Council

Committee of the Whole Meetings

President Schweder announced two Committee of the Whole meetings on November 4 at 7:00 PM in Town Hall to review the Five Points Traffic Study, and on November 10 at 7:30 PM in Town Hall to review the Five Year Capital Plan.

B. Mayor

None.

C. Finance Committee

Chairman Donchez presented an oral report of the Committee’s meeting held October 13, 2004 on the following subjects: Amending General Fund Budget - Northampton County Drug Task Force – Overtime, Transfer of Funds – Fire Department – Overtime, Amending General Fund Budget – Fire Department – Roster Duty, Transfer of Funds – EMS Bureau – Temporary Help, Transfer of Funds – Meter Shop – Overtime, Transfer of Funds – Water Maintenance – Overtime, Transfer of Funds – Wastewater Treatment – Overtime, Transfer of Funds – Engineering Bureau – Overtime, Transfer of Funds – Streets Bureau – Overtime, Amending Non-Utility Capital Budget – Paint Mill Bridge Replacement Project, Transfer of Funds- Ice Rink – Overtime and Temporary Help, Transfer of Funds – Golf Course – Overtime, Amending General Fund Budget – Mechanical Bureau – Equipment Repairs, Transfer of Funds – Parks Maintenance – Overtime, Transfer of Funds – Mechanical Bureau – Overtime, Transfer of Funds – Curb Cuts, Amending Non-Utility Capital Budget: A. Illick’s Mill Grant, B. DCNR Grant – Parks and Playground Equipment, Amending General Fund Budget: A. NCDA Grant – AIDS Program, B. Tobacco Program Transfer of Funds – Community Development Department – Overtime, Transfer of Funds – Recycling Bureau – Temporary Help, Amending Non-Utility Capital Budget – South Side Lighting and Elm Street Study, Amending CDBG Budget – HOME Program – HOOP Loans, and $150,000 Spending Limit – Non-Utility Capital Projects.

Chairman Donchez presented an oral report of the Committee’s meeting held October 18, 2004 on the following subject: Unfunded Pension Liability. Chairman Donchez advised that the meeting was continued to October 25, 2004.

Bill No. 48 – 2004 – Adding Article 129 – Bond Issue Item Amounts

Mr. Donchez, focusing on Bill No. 48 – 2004, stated he believes it was the intent of the motion at the October 18, 2004 Finance Committee meeting that in Section 129.01 the word individual should be stricken from the paragraph twice. Mr. Donchez continued on to communicate that he would ask the Committee members to verify that it was the intent to use the word items in the Non-Utility Capital Budget of $50,000 rather than individual items of $50,000. Mr. Donchez also stated that in Section 129.02 the word individual should be stricken from that paragraph twice pertaining to Non-Utility Capital Budget items of $75,000.

Finance Committee members Mrs. Belinski and Mr. Mowrer expressed their agreement.

Mr. Donchez, Chairman of the Finance Committee, presented an oral report of the Committee’s meeting held October 18, 2004 on the subject of Unfunded Pension Liability.

D. Public Works Committee

Mr. Mowrer, Chairman of the Public Works Committee, presented an oral report of the Committee’s meeting held October 19, 2004 on the following subject: Strategic Planning Update.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 44 – 2004 – Amending Article 150 – Board of Appeals

The Clerk read Bill No. 44 - 2004, Amending Article 150 – Board of Appeals, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 44 – 2004, hereafter to be known as Ordinance 4282, was declared adopted.

10. NEW ORDINANCES

A. Bill No. 45 – 2004 – Amending General Fund Budget – Northampton County Drug Task Force – Overtime; Fire Department – Roster Duty; Mechanical Bureau – Equipment Repairs; NCDA Grant – AIDS Program; Tobacco Program

The Clerk read Bill No. 45 – 2004, Amending General Fund Budget – Northampton County Drug Task Force – Overtime; Fire Department – Roster Duty; Mechanical Bureau – Equipment Repairs; NCDA Grant – AIDS Program; Tobacco Program, sponsored by Mr. Donchez and Mrs. Belinski, 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. 45 – 2004 passed on First Reading.

B. Bill No. 46 – 2004 – Amending Non-Utility Capital Budget – Paint Mill Bridge Replacement Project; Illick’s Mill Grant; DCNR Grant – Parks and Playground Equipment; South Side Lighting and Elm Street Study

The Clerk read Bill No. 46 – 2004, Amending Non-Utility Capital Budget – Paint Mill Bridge Replacement Project; Illick’s Mill Grant; DCNR Grant – Parks and Playground Equipment; South Side Lighting and Elm Street Study, sponsored by Mr. Donchez and Mrs. Belinski, 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. 46 – 2004 passed on First Reading.

C. Bill No. 47 – 2004 – Amending Community Development Budget – HOME Program – HOOP Loans

The Clerk read Bill No. 47 – 2004, Amending Community Development Budget – HOME Program – HOOP Loans, sponsored by Mr. Donchez and Mrs. Belinski, 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. 47 – 2004 passed on First Reading.

D. Bill No. 48 – 2004 - Adding Article 129 – Bond Issue Item Amounts

The Clerk read Bill No. 48 – 2004, Adding Article 129 – Bond Issue Item Amounts, sponsored by Mr. Donchez and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM ENTITLED
"MUNICIPAL BOND ISSUES", ADDING ARTICLE 129 TO THE
CITY'S ADMINISTRATIVE CODE IN THE CODIFIED
ORDINANCES.

Amendment to Bill No. 48 – 2004

Mr. Donchez moved and Mr. Mowrer seconded the following Amendment:

That the following in Bill No. 48 – 2004 which reads as follows:

129. 01 From the date of enactment of this Ordinance until December 31, 2004, no municipal bonds shall be issued and sold by the City for the purpose of purchasing [individual] items of realty, or personalty, which items have a [n individual] purchase price or cost of less than $50,000.00 each. This restriction shall not apply to expenditures pertaining to economic development related activities or functions, nor shall it pertain to City government expenditures for local contributions tied to non-City funding resources, including state and/or federal loans and/or grants.

129.02. On and after January 1, 2005, no municipal bonds shall be issued and sold by the City for the purpose of purchasing [individual] items of realty, or personalty, which items have a [n individual] purchase price or cost of less than $75,000.00 each. This restriction may be temporarily suspended, only for good cause shown, by the affirmative vote of five (5) members of Council. This restriction shall not apply to expenditures pertaining to economic development related activities or functions, nor shall it pertain to City government expenditures for local contributions tied to non-City funding resources, including state and/or federal loans and/or grants.

Shall be amended to read as follows:

129. 01 From the date of enactment of this Ordinance until December 31, 2004, no municipal bonds shall be issued and sold by the City for the purpose of purchasing items of realty, or personalty, which items have a purchase price or cost of less than $50,000.00 each. This restriction shall not apply to expenditures pertaining to economic development related activities or functions, nor shall it pertain to City government expenditures for local contributions tied to non-City funding resources, including state and/or federal loans and/or grants.

129.02. On and after January 1, 2005, no municipal bonds shall be issued and sold by the City for the purpose of purchasing items of realty, or personalty, which items have a purchase price or cost of less than $75,000.00 each. This restriction may be temporarily suspended, only for good cause shown, by the affirmative vote of five (5) members of Council. This restriction shall not apply to expenditures pertaining to economic development related activities or functions, nor shall it pertain to City government expenditures for local contributions tied to non-City funding resources, including state and/or federal loans and/or grants.

In response to President Schweder, Mr. Donchez explained that if the word individual is removed, it would apply in Section 129.01 until December 31, 2004 so that the Administration would be able to propose items of two or three cruiser cars, for example, and it was not the intent of the Committee to have the word individual meaning that the City would not be able to purchase one or two cruiser cars. Mr. Donchez affirmed the intent was to delete the word individual in Section 129.01 and in Section 129.02. Mr. Donchez stated that phraseology could be drafted for Final Reading of the Bill.

President Schweder, observing it is not being discussed to lump together items within a Department, noted what Mr. Donchez is proposing to be enacted is that it all has to be the same item. Mr. Donchez, saying that is correct, exemplified it would be for trucks, cruiser cars, and radios.

Ms. Szabo noted that, as a result of the proposed amendment, the word an would need to be changed to a. President Schweder affirmed that the wording will be changed for Final Reading.

Mr. Leeson inquired about the purchase of radios.

Dennis Reichard, Business Administrator, noted that several years ago Mr. Donchez had talked about a possible bond issue for the purchase of communication radios for use by City employees that would have cost over $1 million and it was decided to purchase them piecemeal. Mr. Reichard advised that if radios could be lumped together in a bond issue then the Administration could purchase $200,000 of radios for Departments, and that would be acceptable according to the Amendment.

Voting AYE on the Amendment to Bill No. 48 – 2004: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Amendment passed.

President Schweder inquired whether the way the Amendment is written means it will have no impact on the 2005 Budget.

Mr. Donchez replied that the provision in Section 129.01 was in the form of a Resolution while under approval of Bill No. 48 – 2004 it would become an Ordinance. Mr. Donchez added whether it has an impact on the Budget or not that is the Administration’s decision. Mr. Donchez continued on to say that Section 129.02 becomes effective January 1, 2005 for the next Bond Issue, and highlighted the fact that the $75,000 amount could be overridden by a vote of 5 to 2.

President Schweder asked for clarification whether or not it pertains to the Non-Utility Capital Bond Issue that would be part of the 2005 Budget review process that is finalized in December 2004 but that would not be passed until at least January 2005.

Mr. Donchez responded yes, in his opinion.

President Schweder observed that, consequently, it would prohibit the Administration from doing anything in this budget cycle this year.

Mr. Reichard, commenting that when the Administration introduces the 2005 Budget it will contain a Bond Issue for Non-Utility Capital projects, added that the Five Year Capital Plan will be reviewed on November 10. Mr. Reichard noted that will be voted on by City Council on Final Reading at the second City Council Meeting in December for the 2005 budget year. Mr. Reichard highlighted the fact that, historically, while such Bond Issues are approved in 2004, the Bond Issue will not be issued until 2005. Mr. Reichard recounted that, as was discussed at the Finance Committee meeting, the provision would really take effect in 2007 because the Non-Utility Capital Projects Bond Issue is usually on a two year cycle.

Mr. Donchez stated that, while formalizing the provision in an Ordinance keeps things the same, it would go into effect for the next Bond Issue for the budget year beginning January 1, 2005. Mr. Donchez expressed his agreement with Mr. Reichard’s comments. Mrs. Belinski and Mr. Mowrer indicated their agreement.

President Schweder remarked then it seems to him that for the fourth year in a row “we’ll have something on the books that’s meaningless. It’s been ignored for four years by three different Mayors…”. Recalling a colloquy between Mr. Mowrer and the Mayor that a message was being sent by Council that placing small items costing less than $50,000 in a Bond Issue was not going to happen again, the Mayor acknowledging that he received the message, and this was not going to happen any more, President Schweder commented “obviously, it is.” Expressing his concern that it will not have any force again, President Schweder pointed out that, when the 2005 Non-Utility Capital Bond Issue comes as part of the 2005 Proposed Budget, Council has the right to move items from the General Fund into the Bond Issue. Indicating it would be his intent to do that, President Schweder did not think the things that are most politically sensitive such as Police vehicles, and others ought to be used as excuses for these to be put in bond issues. President Schweder asserted those things that are of vital necessity for public safety should be put back into the budget and other items will be put into the bond issue, and additionally suggested that is the way in which proposals should be brought to City Council. President Schweder observed that, otherwise, the cycle is repeated year after year and is never resolved since it had been done once because of a necessity resulting from bonds being sold early and becoming taxable. President Schweder expressed the hope that bond issue items come before City Council as legitimate as they can be or he would move to structure them that way.

Mr. Reichard responded that the Administration will present a fair and balanced budget, and City Council has a right to change it. Mr. Reichard stressed that, as he stated at the Finance Committee meeting, this Administration will not be putting into a bond issue typewriters and similar items as had been seen in previous years.

President Schweder communicated that there should be honest and upfront assessment about what items should or should not be in a bond issue, or he would hope action would be taken to correct it.

Mr. Leeson asked that John Spirk, City Solicitor, review the proposed legislation. Mr. Leeson, advising that he accepts Mr. Reichard’s interpretation of how he wants the policy to work this year, observed he does not think it is written that way. Mr. Leeson added that if there are any amendments the Administration could present them for the next City Council Meeting.

Mr. Donchez requested that if the Administration will be forwarding any revisions they be presented this Friday so they can be reviewed at the Finance Committee meeting on Monday.

Voting AYE on Bill No. 48 – 2004, as Amended: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 48 – 2004 passed on First Reading.

11. RESOLUTIONS

A. Authorizing Execution of Use Permit Agreement – Christkindlmarkt

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,493 that authorized the Mayor and the Controller to execute Use Permit Agreement between ArtsQuest and the City of Bethlehem for use of various City properties for Christkindlmarkt 2004 for the time period November 26, 2004 through December 19, 2004 according to the terms and conditions of the Agreement.

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

B. Authorizing Execution of Use Permit Agreement – Live Bethlehem Christmas Pageant

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,494 that authorized the Mayor and the Controller to execute Use Permit Agreement between the Live Bethlehem Christmas Pageant Society, Inc., and the City of Bethlehem for use of the Community Arts Pavilion and surrounding field for the 2004 Live Bethlehem Christmas Pageant for the time period December 6, 2004 to January 10, 2005, according to the terms and conditions 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 C through 11 E As A Group

Mrs. Belinski and Mr. Arcelay moved to consider Resolutions 11 C through 11 E as
a group.

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

C. Certificate of Appropriateness – 259 East Market Street

Mr. Arcelay and Mr. Mowrer sponsored Resolution 14,495 that granted a Certificate of Appropriateness to paint the exterior of the house at 259 East Market Street.

D. Certificate of Appropriateness – Sons of the Revolution Plaque

Mr. Arcelay and Mr. Mowrer sponsored Resolution 14,496 that granted a Certificate of Appropriateness to relocate the Sons of the Revolution plaque.

E. Certificate of Appropriateness – 79 West Market Street

Mr. Arcelay and Mr. Mowrer sponsored Resolution 14,497 that granted a Certificate of Appropriateness to alter the exterior of 79 West Market Street.

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

Motion – Considering Resolutions 11 F through 11 T As A Group

Mr. Donchez and Mrs. Belinski moved to consider Resolutions 11 F through 11 T as
a group.

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

F. Transfer of Funds – Fire Department – Overtime

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,498 that transferred $70,000 in the General Fund Budget from the Fire Department – Salaries Account to the Fire Department – Overtime Account to provide additional funding needed in the account.

G. Transfer of Funds – EMS Bureau – Temporary Help

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,499 that transferred $8,000 in the General Fund Budget from the following accounts: $4,275 – EMS Overtime Account, $3,225 – EMS – Musikfest Overtime, and $500 – EMS – Meal Reimbursement, to the EMS – Temporary Help Account to provide additional funding needed due to a shortfall in the account.

H. Transfer of Funds – Meter Shop – Overtime

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,500 that transferred $3,500 in the Water Fund Budget from Supply and Treatment – Administration – Temporary Help Account to Water Maintenance – Meter Shop – Overtime Account to provide funds needed to pay for overtime expenses through yearend.

I. Transfer of Funds – Water Maintenance – Overtime

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,501 that transferred $30,000 in the Water Fund Budget from the Water Maintenance – Salaries Account to the Water Maintenance – Overtime Account to provide funds needed to pay for overtime expenses through yearend.

J. Transfer of Funds – Wastewater Treatment – Overtime

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,502 that transferred $20,000 in the Sewer Fund Budget from the Wastewater Treatment – Salaries Account to the Wastewater Treatment – Overtime Account to cover expenses.

K. Transfer of Funds – Engineering Bureau – Overtime

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,503 that transferred $8,000 in the General Fund Budget from the Engineering Bureau – Department Contracts Account to Engineering Bureau – Overtime Account to provide additional funding needed in the account.

L. Transfer of Funds – Streets Bureau – Overtime

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,504 that transferred $10,000 in the General Fund Budget from the Streets – Department Contracts Account to the Streets – Overtime Account to cover overtime for leaf season and emergency call-outs through yearend.

M. Transfer of Funds – Ice Rink – Temporary Help

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,505 that transferred $2,000 in the General Fund Budget from the Recreation – Department Contracts Account to the Recreation – Temporary Help Account to provide additional funding necessary for work at the Ice Rink on weekends and holidays through yearend.

N. Transfer of Funds – Ice Rink – Overtime

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,506 that transferred $2,000 in the General Fund Budget from the Recreation – Operating Supplies Account to the Recreation – Overtime Account to provide additional funding necessary for work at the Ice Rink on weekends and holidays through yearend.

O. Transfer of Funds – Golf Course – Overtime

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,507 that transferred $4,000 in the Golf Course Enterprise Fund Budget from the Golf Course – Salaries Account to the Golf Course – Overtime Account to cover overtime scheduled for weekends and holidays through the end of the year.

P. Transfer of Funds – Parks Maintenance – Overtime

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,508 that transferred $7,000 in the General Fund Budget from the Parks Maintenance – Plant Maintenance Account to the Parks Maintenance – Overtime Account to cover overtime for Celtic Fest, leaf collection, and snow operations.

Q. Transfer of Funds – Mechanical Bureau – Overtime

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,509 that transferred $1,500 in the General Fund Budget from Mechanical Maintenance – Equipment Repairs – Reimbursement Account to the Mechanical Maintenance – Overtime Account to provide additional funding needed in the account.

R. Transfer of Funds – Curb Cuts

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,510 that transferred $1,398 in the Community Development Budget from the Street Overlays Account to the Curb Cuts Account to cover additional costs for the curb ramps construction contract.

S. Transfer of Funds – Community Development Department – Overtime

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,511 that transferred $625 in the General Fund Budget from the Community Development Department – Administration – Temporary Help Account to the Community Development Department – Administration – Overtime Account to provide funding for overtime to complete the conversion of the Housing Inspection Bureau filing system.

T. Transfer of Funds – Recycling Bureau – Temporary Help

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,512 that transferred $10,000 in the General Fund Budget from Recycling Bureau – Other Expenses Account to Recycling Bureau – Temporary Help Account to provide sufficient funding in the account.

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

U. Authorizing Execution of Highway Safety Program Grant – PennDot

Mr. Arcelay and Mr. Mowrer sponsored Resolution 14,513 that authorized the Mayor and the Controller to execute grant documents provided by the Pennsylvania Department of Transportation under its Highway Safety Program Project No. CP 05-21-1.

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

V. Authorizing Execution of Agreement – Relocation of Electric Distribution Facilities – Paint Mill Bridge Replacement Project – PPL

Mr. Arcelay and Mr. Mowrer sponsored Resolution 14,514 that authorized the Mayor and the Controller to execute Agreement No. 053228 between PPL Electric Utilities Corporation and the City of Bethlehem for the Paint Mill (Schoenersville Road) Bridge over the Monocacy Creek Project, in accordance with the Agreement.

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

W. Authorizing Execution of Agreement – Installation for Gas Line – Paint Mill Bridge Replacement Project – UGI

Mr. Mowrer and Ms. Szabo sponsored Resolution 14,515 that authorized the Mayor and the Controller to execute Agreement No. 053227 between UGI Utilities, Inc. and the City of Bethlehem for the Paint Mill (Schoenersville Road) Bridge over the Monocacy Creek Project, in accordance with the Agreement.

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

X. Authorizing Execution of Federal Aid Reimbursement Agreement – Paint Mill Bridge Replacement Project

Mr. Mowrer and Ms. Szabo sponsored Resolution 14,516 that authorized the Mayor and the Controller to execute Supplemental Federal Aid Bridge Project Agreement No. 050218-E between the Commonwealth of Pennsylvania, through the Pennsylvania Department of Transportation, and the City of Bethlehem for the Paint Mill (Schoenersville Road) Bridge over the Monocacy Creek Project, in accordance with the Agreement.

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

Removing Resolution from the Table – Administrative Order – Appointing William Fitzpatrick to Zoning Hearing Board

Mr. Donchez moved to take from the Table Resolution 8 B 1 that was tabled at the September 21, 2004 City Council Meeting. Mr. Leeson seconded the motion.

Voting AYE: Mr. Arcelay, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. Mrs. Belinski, 1. The motion passed.

Mr. Donchez expressed his belief that, when the Mayor makes a nomination for a citizen to serve on any board, commission, or authority, City Council deserves to vote on the recommendation rather than its not being voted on. Recounting that the Resolution was tabled four weeks ago, Mr. Donchez restated it deserves a vote yes or no.

Mrs. Belinski, advising that she has examined the individual’s resume in great detail and found it deficient, commented there were some exaggerations in the resume and said she cannot vote for this appointment.

Administrative Order – William Fitzpatrick – Zoning Hearing Board

Mayor Callahan appointed William Fitzpatrick to the Zoning Hearing Board effective until June 2007. Mr. Donchez and Mr. Leeson sponsored Resolution 14,517 to confirm the appointment.

Voting AYE: Mr. Arcelay, Mr. Donchez, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 5. Voting NAY: Mrs. Belinski, and Ms. Szabo, 2. The Resolution passed.

12. NEW BUSINESS

Rescheduling First Meeting in November

Mr. Donchez and Mr. Mowrer moved to reschedule the first City Council Meeting in November from Tuesday, November 2, 2004 which is General Election Day to Wednesday, November 3, 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.

Greenway in South Bethlehem – Lease with Norfolk Southern Railroad and Funding Applications

Mr. Leeson thanked Tony Hanna, Director of Community and Economic Development, for his memorandum on the status of the lease between Norfolk Southern Railroad and the City of Bethlehem for use of the railway for a greenway in South Bethlehem. Mr. Leeson recalled it had been mentioned to him that there was interest on the part of the Community and Economic Development Department in advancing the funding applications for the project. Further recounting it had been indicated to him that although the negotiations for the lease were not complete the Department thought there was no reason to hold the funding applications, Mr. Leeson said he is inclined to agree that if the Department wants to forward those to the appropriate Committee he would have no objection to a review of that.

Mr. Hanna confirmed that Darlene Heller, Director of Planning and Zoning, forwarded a memorandum to City Council dated October 15, 2004 regarding the matter. Mr. Hanna thought that the funding application for a $200,000 transportation enhancement grant was tabled, as well as a DCNR grant of $100,000. Mr. Hanna recalled that, at the Parks and Public Property Committee meeting, Mr. Leeson stipulated he had no problem advancing the funding, and it was the wish to wait until there was more progression in terms of negotiations with Norfolk Southern Railroad.

Mrs. Belinski, Chairwoman of the Parks and Public Property Committee, expressing her concurrence, added that specifically there had been discussion concerning the value of the property after the City made improvements.

Mr. Hanna recounted that, when the City first started negotiating for acquisition of the railway, Norfolk Southern indicated they could not sell the property to the City hence the lease. At the end of the lease period, the railroad would then be in a position to sell the property in view of accounting rules and adverse tax consequences prior to that time. Mr. Hanna informed the Members that, after further discussion, Norfolk Southern may be in a position to establish a price. Mr. Hanna expressed the hope that there may be some resolution by the end of the month. Mr. Hanna, explaining that obtaining the funding does not obligate the City to purchase the property, highlighted the fact that the City does not want to lose the opportunity for the funding.

President Schweder expressed that his concern continues to be either the City has a contract or it does not. President Schweder queried, if the City does not have a contract, why would the City proceed with this.

Mr. Hanna stated the belief that there will be a contract.

President Schweder observed it would be similar to buying a house and deciding to spend several hundred thousand dollars in repairs with the belief that at the end of the lease the landlord will sell the property, but it turns out that the landlord does not sell it. President Schweder continued on to point out that, in the absence of a guaranty that at the end of the lease the property will revert to the City, the bottom line is either the City has something in hand that states the property will be the City’s or it does not.

Mr. Hanna noted that advancing the Resolutions will allow the City to apply for grant funding.

President Schweder, expressing his understanding, questioned why the City would proceed to do work that would bring about improvements but yet at the end it would not be the City’s property.

Mr. Hanna explained that Norfolk Southern did not say they would not sell the property to the City but rather said they could not sell the property to the City immediately.

President Schweder communicated that, despite the fact that the City has no commitment and nothing signed that Norfolk Southern will sell its railway property to the City, the City would proceed with improvements to the property as if it will occur. President Schweder suggested that, before the matter proceeds, he would certainly like to see a contract.

Mrs. Belinski stated that she understood Mr. Hanna’s comments to mean there will shortly be a price.

Mr. Hanna, responding yes, said Norfolk Southern has agreed to establish a price at this point but whether the City will agree with that price is part of the negotiations. Mr. Hanna added that the City has a price.

Mrs. Belinski, expressing her agreement with President Schweder, noted there should be confirmation on that before a Resolution is passed.

Mayor Callahan explained that if the Resolution is advanced to apply for funding and the City could not reach agreement on the lease then the City would not go ahead with it. Mayor Callahan advised that the Administration is asking for the Resolution to be brought off the table so the City can apply for the monies, and commented there is no harm in doing that. Mayor Callahan pointed out that the lease will go before the Parks and Public Property Committee and Council before any improvements would be done on the property even if the grant funding were in place.

Mrs. Belinski observed that there will be a confirmed price before City Council is asked vote on the grant application.

Mayor Callahan, saying no, further explained the Administration wants to advance the application for funding. Mayor Callahan advised that, if the project is funded and the City cannot reach agreement on the lease, then the City will not spend the money to do the improvements. Mayor Callahan communicated the concern is that the opportunity to obtain the funding will be jeopardized so that if a lease is in place then the City would not then be able to have the opportunity to get the funding to do the improvements. Mayor Callahan explained that the Administration is trying to pursue a parallel course.

President Schweder questioned what criteria would the Mayor use to find this acceptable to move the matter back before City Council.

Mayor Callahan, affirming the City is in lease negotiations with Norfolk Southern now, noted he would not publicly say what criteria he would consider acceptable due to the negotiations being in process.
President Schweder asked if a signed lease agreement or contract would be the minimum required to proceed. In response to Mayor Callahan, President Schweder queried, if the funding were in place, in order to proceed with the project would Mayor Callahan require a written contract with Norfolk Southern for the purchase of the land.

Mayor Callahan replied he would require a contract.

President Schweder pointed out that the Administration has no necessary intentions to have an agreement with Norfolk Southern before the City proceeds with applying for the funding or proceeding with the funding.

Mayor Callahan advised that the Administration would like to move forward with the application for funding.

Charles Brown, Director of Parks and Public Property, expressing that he understands what President Schweder is saying, said the committee working on the project is strongly recommending that City Council be asked to agree to start with the funding process, especially for the planning. Mr. Brown explained that City Council is being asked to take the matter off the table and decide whether or not the planning for a greenway in South Bethlehem can continue. Mr. Brown notified the Members that if the City does not get a contract then the City will not use the money. Mr. Brown stressed that the greenway would be a great thing to have on the South Side. Mr. Brown remarked that the committee members are all great people who have been working on the project for over a year, are wondering about the status, and the Administration cannot give them an answer. Consequently, Mr. Brown noted that the committee may disband. Mr. Brown communicated that the committee members are asking whether City Council would at least let them go through with the planning for the project by approving the Resolution.

President Schweder inquired whether what Mr. Brown is saying is that the project would not proceed unless there were a contract for sale of the property.

Mr. Brown responded he is saying that but is also asking Council to give the committee the approval to proceed with the planning.

Ms. Szabo asked how the City can legally apply for a grant to do something to property that the City has no permit to even use.

Mayor Callahan replied nobody is advocating for doing anything to the property unless there is a lease in place.

Ms. Szabo queried whether the Administration wants the money but does not want to do anything.

Mayor Callahan restated that the Administration is trying to pursue a parallel course.

Mr. Hanna, advising that the City could plan for property that is not owned or controlled at this point, pointed out the City obviously has the intention of and is negotiating in good faith with Norfolk Southern to enter into a long term lease that would allow the City to improve the property. Mr. Hanna said he recognizes President Schweder’s concerns as to making improvements to property on which there is no guarantee that Norfolk Southern would actually give the City an option to purchase, other than a right of first refusal which is the way the lease was written. Mr. Hanna continued on to stress that the Administration is discussing having added to the lease a put or an option, as noted in his memorandum. Mr. Hanna informed the Members that the dollars in question relate to the acquisition, not the improvement of the property. The Administration needs to know the acquisition dollars are there, even for the City to enter into an option agreement. Mr. Hanna continued on to say the City will not be able to contract the purchase unless it is known that the purchase funding is in place. Consequently, Mr. Hanna asserted that the grant dollars are critical to execute the contract even with an option to purchase in it. In addition, Mr. Hanna recounted one of the points of negotiation raised at the Parks and Public Property Committee meeting was the issue of eminent domain, and whether or not the City had the right, in the event that negotiations with Norfolk Southern broke down, to take eminent domain action and to seize the property for public purpose. Mr. Hanna stated the City could not take an eminent domain action unless it had the authorized funding to do that. Mr. Hanna stressed it is critical that the Administration knows the funding is in place. Mr. Hanna said “we won’t spend it, unless we’re prepared to spend it, but I think it’s critical that the funding, and this is just acquisition funding, would be in place. The development dollars are going to come later after we do the planning. We’re going to apply for several other grant sources. But, again, we would not do any improvements until we controlled the property in some shape or form.”

President Schweder said what seems to be lost in the debate, and communicating it was the good actions of Council that tabled the request, is that the Administration asked City Council to move forward on seeking funding without any of the questions that were posed by the Members of Council being answered. President Schweder highlighted the fact that the Administration wished to have Council approve something that at that point had no safeguards for the City in the agreement. President Schweder, acknowledging what is being said by the Administration tonight is much better than where the matter was four or five months ago when it was first presented to the Parks and Public Property Committee, stated that was brought about because Council did not take action at the time it was requested. President Schweder expressed he is hopeful that there will be movement to closure.

Flu Vaccines

Mr. Mowrer recommended that the Health Bureau involve the retirement communities and nursing homes where people have great difficulty in walking let alone standing in line waiting for a flu shot. Mr. Mowrer asked that the Health Bureau determine whether staff can go to nursing homes and retirement communities to give those residents priority for getting flu shots.

President Schweder noted that as of yesterday the Health Bureau did not yet have those answers.

Mr. Hanna advised there will be a public announcement on Thursday about additional vaccines being available and additional sites for vaccinations in Bethlehem and Allentown working in conjunction with Lehigh Valley Hospital. In addition, Mr. Hanna informed the assembly that several protocols are being considered for delivering vaccines to some sites in the City.

Mayor Callahan, noting he was present for most of the time when the flu shots were being given at City Hall, commended Judith Maloney, Health Bureau Director, and the Health Bureau staff for addressing what is amounting to a health care crisis in the community. Mayor Callahan said, fortunately, the City purchased a lot of the flu vaccine early enough and from a reputable supplier. However, since many of the normal sources for flu shots such as doctors offices and others were unavailable, it created an enormous demand on the City’s Health Bureau. Mayor Callahan pointed out that the Health Bureau did the very best it could in a difficult situation in which the demand far outweighed the supply. Mayor Callahan, adding that the City was fortunate to receive an additional supply for the remainder of its order, explained it will be stratified according to guidelines so that those who need the flu vaccine the most will receive it. Mayor Callahan expressed it was very difficult to watch people with walkers stand for hours in line waiting to get a flu shot. Mayor Callahan credited the Health Bureau staff for doing its best with the resources.

State Citation for Lucy Lennon – Fund Raising for Police and Fire Departments

Ms. Szabo advised that one of Bethlehem’s citizens was greatly honored by Pennsylvania Governor Ed Rendell in receiving a citation for hard work dedicated to raising funds for the Police and Fire Departments, and for volunteering time to help fight crime and other problems, and a long list of other time consuming efforts. Out of 1,200 applications state-wide for the commendation, 25 were chosen. Ms. Szabo continued on to state that one of the 25 chosen was Lucy Lennon, owner of the Dancing Fish Restaurant, and asked Ms. Lennon to stand. Ms. Szabo remarked that Ms. Lennon’s efforts and recognition by the Governor should be known, and thanked Ms. Lennon.

13. COURTESY OF THE FLOOR

Housing and Other Issues

Eva Florian, 421 West Market Street, said when she was 35 years old she had a heart attack, has worked since she was 12 years old, and never expected to be on Social Security or in HUD housing. Ms. Florian recounted when she was living in New York she was a success in school, received an LPN, and did very well with her disabilities. When she lived in Pennsylvania previously she lived in Spring Garden townhouses, worked three jobs, raised her daughter, and never accepted any public funds. Ms. Florian expressed that the HUD employees here are some of the kindest, most wonderful people she has ever met, and have treated her with respect. She added that Pat Donchez, Lynn Pietrouchie, and Jim Horrell all deserve citations for the work they do for the City. Ms. Florian advised that she asked Senator Dent to be at the meeting because he started the rule to make it easy to get rid of HUD tenants. Ms. Florian informed the assembly that since she has been here she has been evicted from five different houses because of problems including toilets not working, and sewage. When she reported it to HUD she was thrown out. In another place, the toilet did not work, someone said she put a wire in the toilet, she was thrown out, and it was said the neighbors did not like her. Ms. Florian expressed the difficulty in trying to live on $600 a month, with a third of her heart, having had cancer at 28 years old, and have such people rule her life. Ms. Florian stressed “if you do anything wrong in this City these people can get you out in a minute. They can say whatever they want. They can do whatever they want.” Ms. Florian advised, since she moved to 421 West Market Street, she has dealt with D & P Management and was a friend of Joe’s for many years. Ms. Florian noted she rented from Joe when she lived on Easton Avenue and never had a problem, and when she rented a unit in Spring Garden she never had a problem. Ms. Florian stated that she registered 300 voters this year, and usually registers 300 voters every voting round. In addition, she campaigns, works at the food bank, and volunteers. Ms. Florian notified the Members that she started the pedestrian safety committee in Bethlehem, and worked on it for two years. Ms. Florian said she does not feel the town has protected her in any way. Ms. Florian, stressing she has been evicted, stated that “Pat Donchez from HUD will tell you that it is because I have complained. If you complain, they can say anything they want and you are out the door.” She noted that D & P Management is owned by Mr. Ronca. Ms. Florian, recounting her neighbor put up a fence and threw roofing nails into her yard, explained she told the neighbor that the nails will go into her leg when she mows the lawn. Ms. Florian said she anonymously called Mr. Hanna’s Department and stated that the neighbor does not have a permit to install the fence. Within ten minutes, Ms. Florian related that Joe called her and said he got a call from the City’s housing department and somebody said Ms. Florian just called and reported it. Ms. Florian advised she has called the Mayor’s office on many occasions with some ideas about dealing with the issue of obesity, she has had three cancelled appointments from the Mayor, and the Mayor’s assistant did not return her phone calls. Ms. Florian further said Mr. Russo owns over 400 buildings, has none of them inspected, and questioned how he can get away with that and with getting inside information from Mr. Hanna’s Department. Now, Ms. Florian stressed she is being evicted because she reported two HUD violators who drink and smoke all day and have social anxiety disorder. Saying one of them kicked her pregnant daughter in the stomach, Ms. Florian stated the woman has been harassing her for months. Ms. Florian advised she had called Magistrate Murphy concerning the woman’s terroristic threats. Ms. Florian informed the Members that her doctor is writing a registered letter that if she does not get out of the neighborhood and get some protection she will be dead. Ms. Florian notified the Members that Mr. Russo accuses her of harassing the neighbors because she called in two HUD violators and two welfare violators. The woman who was one of them slit Ms. Florian’s tires four times, told Ms. Florian that if she parked on the woman’s side of the street the woman will slit Ms. Florian’s tires again. Ms. Florian said when she first moved in she did not know the roof had been leaking since 1996 so all of her belongings in the attic have been wet during two and a half years. She has been waiting six months to have her closet fixed. Ms. Florian, saying she is afraid to complain, said if she complains she is out the door. In response to President Schweder, Ms. Florian stated she would like the City to hold Mr. Russo and Mr. Ronca responsible for not having the building inspected, and for saying they have Mr. Hanna in their pockets. Advising there were two junkies living in a HUD unit and it is against HUD rules to have a two time felon in the house, Ms. Florian said she was harassed for a year but nothing was done. Ms. Florian related that, two weeks after Ms. Florian moved in, a neighbor said “some nut moved in next door. If it’s the last thing I do I’m going to get her out. I had to hire an attorney. I won the case. I dropped the charges because I’m a good Moravian. She came and ripped out all the flowers, and everything out of the yard. He told me that if I was caught guilty I was to be evicted. He did nothing to her.” Another tenant took all the batteries out of the smoke alarm, and the carpet was burned. Ms. Florian told the landlord that the tenant is going to burn the house down, Ms. Florian did not sleep for months, and Ms. Florian saved the tenant’s life four times. Ms. Florian, pointing out that the woman should not have lived alone, informed the assembly that on June 28th the 43 year old tenant went out in a body bag. Ms. Florian thought just because she is poor, and just because she is sick does not mean she does not have any rights in this City.
President Schweder suggested he would give Mr. Hanna the opportunity at some point to respond and also the City Council Solicitor could look into the matter.

Mr. Hanna stated he does not know Ms. Florian and has never met her, and although she might have been in his Department she was never in his office. Mr. Hanna further stated he has never met Mr. Russo, does not know who he is, and has never had any dealings with him, but Mr. Russo may have had dealings with the Housing Inspections staff. Consequently, Mr. Hanna said for Ms. Florian to make the allegation that he is in someone’s pocket is not only offensive but totally untrue.

Housing and Other Issues

Dean Bruch, 625 Hawthorne Road, commented he has great interest in Ms. Florian’s problem and will help work to help her get something accomplished.

City Pensions

Mr. Bruch asked when City employees were asked to take early pension.

Mr. Reichard replied 2002.

Mr. Bruch, observing there has been pension trouble since 2001 and 2002, queried why the City would ask employees to take early retirement knowing there is not any money to pay for it. Mr. Bruch, remarking he does not want to even pick up the newspaper any more, said he is not even sure he wants to live in this City. Mr. Bruch stressed “you people have to get your act together. Something’s not right.”

President Schweder, noting he would refer to the City Council minutes when the issue was discussed, noted all the things Mr. Bruch raised were questions he asked that night. President Schweder continued on to say the responses that came from the Administration were wrong. President Schweder remarked the matter is at this point because there was a miscalculation of the number of people who were going to take early retirement, and the positions were refilled which defeats the purpose of early retirement.

Mr. Reichard explained what Mr. Bruch is talking about is not what the Administration is taking about with reference to the pensions. Continuing on to advise the Administration is talking about the pensions for Police, Fire, and Officers and Employees, Mr. Reichard affirmed the Administration is not talking about pensions of employees in the PMRS fund.

Leaf Pickup

Mr. Bruch thanked the City for cleaning up the leaves in his neighborhood.

Curb Cuts

Mr. Bruch pointed out that every curb cut he sees has a puddle because there is no water drainage. Mr. Bruch continued on to note that many people in wheelchairs go into the streets, although some of them use the sidewalks in town.

Water Department

Stephen Antalics, 737 Ridge Street, asked is it legally possible for the Administration and City Council to convert the water department of the City into an authority, similar to the Parking Authority.

Mayor Callahan noted he does not know the answer at this moment and would have to speak to the Solicitor.

Joseph Kelly, Assistant City Solicitor, explained that, under the Municipal Authorities Act, he would say there is a possibility. In terms of the process, he would have to read the particulars of the act. Attorney Kelly commented there are water authorities throughout the Commonwealth of Pennsylvania.
Mr. Antalics inquired would there be an advantage to the City to convert the water department to an authority.

Mayor Callahan, observing there could potentially be some advantages or disadvantages, commented at this point the Administration is not pursuing the creation of an operating authority.

Mr. Antalics queried if the Mayor is saying there has been no discussion within the Administration about looking into the possibility of an authority.

Mayor Callahan explained the Administration is moving towards more clearly defining and delineating the individual roles of the Bethlehem Authority and the City in the process of the strategic plan. Noting it is clearly recognized that over the last number of years those lines have been blurred, Mayor Callahan said the Administration would like to see them clarified, and would like to see the City take over more of those functions. Mayor Callahan added that may go a long way to help clarify perhaps some of the issues that are generating the questions Mr. Antalics is asking. In further response to Mr. Antalics, Mayor Callahan said it is not that the Administration has not thought about an authority but has decided to go in a different direction.

Mr. Antalics commented some people are coming to the conclusion that with Council, the Administration, and Bethlehem Authority there is a lot going on but nothing really happening. Mr. Antalics said the lines are getting more diffused because the City is hiring consultants and the Bethlehem Authority has consultants. Mr. Antalics, saying he heard unofficially, asked are there people coming either from Tennessee or Commonwealth engineers to look at the water system and to evaluate some of the water department operations.

David Brong, Director of Water and Sewer Resources, responded that under the guise of the strategic planning process there have been several industry experts who are associates of people with whom the department is working and who have come to look at specific problems at both the water treatment facility and the wastewater treatment plant.

Mr. Antalics asked who is paying for it.

Mr. Brong replied the price is gratis.

Mr. Antalics queried whether Schoor DePalma, engineering consultants to the Bethlehem Authority, can handle something like that.

Mr. Brong advised that School DePalma is working for the Bethlehem Authority and the City on several issues surrounding it. Mr. Brong explained these are very in depth, detailed looks at some highly problematic areas that have been identified in the system. He continued on to note it is a check and a balance to some of the suggestions received.

Mr. Antalics, stressing what bothers him is that the City has an Engineering Bureau which to him is an adequate system, observed that the Authority and the City have various consultants. Mr. Antalics said he sees the Bethlehem Authority, the City, and Council getting into a very political soup. Mr. Antalics stated the bottom line is there is no discussion or intent of looking into a water authority.

Mr. Brong commented that is one option of many that will be discussed but there have been no discussions of that so far.

14. ADJOURNMENT
The meeting was adjourned at 9:10 p.m.