Council Minutes

March 21, 2006 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, March 21, 2006 – 7:30 PM – Town Hall

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

President J. Michael Schweder called the meeting to order. Reverend Paul D. Braden, of Salem Lutheran Church, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Karen Dolan, Robert J. Donchez, Joseph F. Leeson, Jr., Gordon B. Mowrer, Magdalena F. Szabo, and J. Michael Schweder, 7.

4. APPROVAL OF MINUTES

The Minutes of March 7, 2006 were approved.

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

Certificate of Appropriateness – 574 Main Street

Robert Pfenning, 2823 Linden Street, referring to Resolution 11 F, Certificate of Appropriateness – 574 Main Street, recalled that at the March 7, 2006 City Council Meeting a citizen who lives in the adjoining building addressed the Members of Council concerning his second floor being blocked in by the proposed new building. Mr. Pfenning expressed his opinion that if the original building outline is being altered it does not seem to comply with historic standards.

6. OLD BUSINESS

None.

7. COMMUNICATIONS

A. Director of Planning and Zoning – Zoning Amendment for Personal Care and Assisted Living Facilities

The Clerk read a memorandum dated March 10, 2006 from Darlene L. Heller, Director of Planning and Zoning, concerning two modifications to the existing amendment to the proposed Ordinance for Personal Care and Assisted Living Facilities discussed at the March 7 City Council Meeting. The memorandum advised that the Bureau does not recommend deleting the possibility of locating personal care facilities on collector roads because that would eliminate almost any possibility of having the uses in residential areas at all. The other point discussed was deleting the RS zoning district as an area where personal care facilities would be permitted, which the Planning Bureau recommended.

President Schweder, expressing appreciation for the communication, said it was very helpful. President Schweder, advising that he met with two representatives of the Mount Airy Neighborhood Association yesterday, noted they led him to believe that the Community and Economic Development Department had developed something that was imminent for a new master plan for zoning.

Tony Hanna, Community and Economic Development Director, thought they might have misunderstood what was said. Mr. Hanna noted what was said was that the Department was in the phase of soliciting proposals from planners, but the timeline is still the same as outlined.

President Schweder inquired if the time to submit proposals is still open.

Mr. Hanna, affirming the Request for Proposals was issued and was posted on several websites, noted a fairly significant response was received locally, regionally, and nationally. Mr. Hanna stated he does not know if the date is still open.

President Schweder asked if the list could be shared with the Members of Council.

8 . REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – David Remely – Fine Arts Commission

Mayor John B. Callahan appointed David Remely to the Fine Arts Commission, effective until March 2009. Mrs. Belinski and Ms. Dolan sponsored Resolution 14,812 to confirm the appointment.

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

2. Administrative Order – Dino P. Cantelmi – Parking Authority

Mayor John B. Callahan reappointed Dino P. Cantelmi to the Parking Authority, effective until January 2011. Mr. Donchez and Mrs. Belinski sponsored Resolution 14,813 to confirm the appointment.

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

3. Administrative Order – Ellen Foscue Johnson – Fine Arts Commission

Mayor John B. Callahan reappointed Ellen Foscue Johnson to the Fine Arts Commission, effective until December 2008. Mr. Donchez and Mrs. Belinski sponsored Resolution 14,814 to confirm the appointment.

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

C. Community Development Committee

Ms. Szabo, Chairwoman of the Community Development Committee, presented an oral report of the Committee’s meeting held on March 14, 2006 at 7:00 PM in Town Hall on the following subject: Proposed Article 1162 – Municipal Waste – Preparation, Collection, Handling, Disposal, and Nuisances. The members of the Committee unanimously Tabled the proposal that included curbside and zoned collection of garbage.

C. Finance Committee

Mr. Leeson, Chairman of the Finance Committee, presented an oral report of the Committee’s meeting held on March 15, 2006 at 7:00 PM in Town Hall on the following subjects: Amending General Fund Budget: Police Department – Liquor Control Board Grant, EMS – Overtime Reimbursement, and Health Bureau – Program Revenue; Amending Water Capital Budget – Payment of 2005 Contracts; Amending Non-Utility Capital Budget – Appraisal for Sidewalks on Linden Street, and Year-End Adjustments; Amending Community Development Budget – CDBG and HOME Year-End Adjustments and Corrections; Amending Article 121 – Intermunicipal Fund Transfers; Utilization of Savings - Water Capital Budget – Equipment; Transfer of Funds – Bureau of Engineering – Equipment; and Temporary Increase in the Number of Firefighters.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 11 - 2006 – Amending General Fund Budget – Police Department – Liquor Control Board Grant; EMS – Overtime Reimbursement; and Health Bureau – Program Revenue

The Clerk read Bill No. 11 - 2006, Amending General Fund Budget – Police Department – Liquor Control Board Grant; EMS – Overtime Reimbursement; and Health Bureau – Program Revenue, 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 2006.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 11 – 2006 was declared passed on First Reading.

B. Bill No. 12 – 2006 – Amending Water Capital Budget – Payment of 2005 Contracts

The Clerk read Bill No. 12 - 2006, Amending Water Capital Budget – Payment of 2005 Contracts, sponsored by Mr. Donchez and Ms. Dolan, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2006 CAPITAL BUDGET FOR WATER UTILITIES.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 12 – 2006 was declared passed on First Reading.

C. Bill No. 13 – 2006 – Amending Non-Utility Capital Budget – Appraisal for Sidewalks on Linden Street; and Year-End Adjustments

The Clerk read Bill No. 13 – 2006, Amending Non-Utility Capital Budget – Appraisal for Sidewalks and Linden Street; and Year-End Adjustments, sponsored by Mr. Donchez and Ms. Dolan, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2006 CAPITAL BUDGET FOR NON-UTILITIES.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 13 – 2006 was declared passed on First Reading.

D. Bill No. 14 – 2006 – Amending Community Development Budget – CDBG and HOME Year-End Adjustments and Corrections

The Clerk read Bill No. 14 – 2006, Amending Community Development Budget – CDBG and HOME Year-End Adjustments and Corrections, sponsored by Mr. Donchez and Ms. Dolan, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE COMMUNITY DEVELOPMENT BUDGET FOR 2006.

Mr. Leeson, focusing on the Southside Greenway line item of $20,000, asked for an update on the real estate situation with Norfolk Southern Railroad, involving the City’s acquisition of the Railroad right of way for the Greenway.

Mr. Hanna, responding the City is close to getting a resolution, advised that Norfolk Southern Railroad has shared their land appraisal with the City, and the City had its appraisal updated. Mr. Hanna, adding that CDBG funding was used towards the completion of title work, noted that the title is fairly clean and the Railroad ended up owning a lot more property than originally anticipated. Mr. Hanna further advised that a meeting will be held at the end of this week with Norfolk Southern Railroad in Philadelphia to hopefully finalize an agreement of sale. Mr. Hanna continued on to say there are several sources of funding in place for acquisition of portions of the right of way.

Mr. Leeson, recalling he has advocated the City’s obtaining the Railroad property all the way down to Hellertown to safeguard the land for a longer greenway or for other purposes, stressed that if the City does not acquire it now there is the risk that speculators may obtain it and it will be cost prohibitive to acquire it at a later date. Mr. Leeson asked what is the current thinking of the Administration on the matter.

Mr. Hanna, replying that the Administration concurs, affirmed the agreement of sale is being finalized for the right of way from Union Station to Lynn Avenue. The City would like to get an option for the property from Lynn Avenue to the Hellertown line. Highlighting the fact that the City does not have the funding to complete the entire right of way acquisition to Lynn Avenue, Mr. Hanna stated the City will have options on it and will try to establish a price by mutual agreement.

Mr. Leeson inquired who did the title work for the Railroad land. Mr. Hanna replied Ed Redding. He further responded to Mr. Leeson that Mr. Redding was hired by the City. Mr. Leeson, noting he did not recall Council’s being notified, pointed out there is a Resolution that requires the Administration to notify Council when outside lawyers are hired. John Spirk, City Solicitor, advised that Mr. Redding was not hired as a lawyer and he did title research work.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 14 – 2006 was declared passed on First Reading.

E. Bill No. 15 – 2006 – Amending Article 121 - Intermunicipal Fund Transfers

The Clerk read Bill No. 15 – 2006, Amending Article 121 – Intermunicipal Fund Transfers, sponsored by Mr. Leeson and Mr. Donchez, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA AMENDING
ARTICLE 121, TITLED FINANCE, BY ADDING A NEW
SECTION ADDRESSING INTERMUNICIPAL FUND
TRANSFERS.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 15 – 2006 was declared passed on First Reading.

11. RESOLUTIONS

A. Utilization of Savings – Water Capital Budget – Equipment

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,815 to utilize savings in the amount of $860 in the Water Capital Budget from the Technical Support Equipment Account to purchase two desk chairs for the Control Room.

Mr. Leeson, commenting that the memorandum he received from Mary Jo Reed, Purchasing Director, explaining vendors was very thorough, observed that it seems as though the City is buying fairly expensive chairs. Mr. Leeson said he is sure every effort possible will be made to make sure the purchase is cost effective. Dennis Reichard, Business Administrator, advised that Council will be notified of the final price.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution passed.

B. Transfer of Funds – Bureau of Engineering - Equipment

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,816 which transferred $4,200 in the General Fund Budget from the Engineering Bureau – Salaries Account to the Engineering Bureau – Equipment Account to purchase a new vehicle under the State contract, rather than a used vehicle.

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

Motion – Considering Resolutions as a Group

Mrs. Belinski and Mr. Donchez moved to consider Resolutions 11 C through 11 F as a group. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

C. Certificate of Appropriateness – 548 Main Street

Mrs. Belinski and Ms. Dolan sponsored Resolution 14,817 that granted a Certificate of Appropriateness to install a wooden sign at 548 Main Street.

D. Certificate of Appropriateness – 41 East Market Street

Mrs. Belinski and Ms. Dolan sponsored Resolution 14,818 that granted a Certificate of Appropriateness to paint the exterior of 41 East Market Street.

E. Certificate of Appropriateness – 64-68 West Market Street

Ms. Belinski and Ms. Dolan sponsored Resolution 14,819 that granted a Certificate of Appropriateness to replace the rear fence at 64-68 West Market Street.

F. Certificate of Appropriateness – 574 Main Street

Ms. Belinski and Ms. Dolan sponsored Resolution 14,820 that granted a Certificate of Appropriateness to demolish the storefront and foundation of 574 Main Street.

President Schweder, referring to Mr. Pfenning’s earlier comments, affirmed that he and Mr. Mowrer attended the on-site meeting of the Historic and Architectural Review Board concerning the proposal. President Schweder, confirming that he and Mr. Mowrer raised the question about the adjoining property, said he and Mr. Mowrer were assured that the owner would work in cooperation with the individual and if necessary the cost of the enclosure would be borne by the property owner.

Ms. Dolan, observing it is difficult to vote in favor of demolishing a building that people grew to love, informed the assembly that the developer has no choice because the building is unsafe. Referring to the report from the Historic and Architectural Review Board, Ms. Dolan denoted that every effort will be made to salvage the historic materials and to create a structure that looks as much like the former structure as possible. Ms. Dolan, highlighting the fact that what precipitated the present condition of the building was the fire, pointed out there was a great attempt to save the structure.

Mr. Mowrer said his understanding is that two of the windows on the West side will be covered up and two will not.

Ms. Szabo queried whether the windows were blocked before.

President Schweder, responding no, noted the third floor of the building at 574 Main Street will not be reconstructed to the original appearance and it will be expanded. The individual next door felt if that would happen it would be appropriate for him to be compensated for installation of a skylight for natural light.

Mr. Hanna, advising the matter was resolved today, explained there will be a dormer off the back for light instead of a skylight. He added that the adjacent property owner is satisfied with the resolution.

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

12. NEW BUSINESS

Committee Meeting Announcements

Chairwoman Dolan announced a Human Resources and Committee meeting on Thursday, March 23, 2006 at 4:00 PM in the Mayor’s Conference Room on employee grievance procedures.

13. COURTESY OF THE FLOOR

Financial Consultant Contracts

William Scheirer, 1890 Eaton Avenue, noted it has been requested in connection with the General Obligation Note for Sanitary Sewer and Traffic Signal Projects that the financial consultants submit an itemized account of the various tasks performed, the hours required for each task, and the hourly rates for each task. While expressing his opinion that this is a step in the right direction, Mr. Scheirer proposed a fixed price contract for all financial consultant services to the City. He explained that once a year the Administration could issue a Request for Proposals for financial consultant services for all borrowing by the City during a fiscal year. The RFP would specify the services the City would require on each borrowing, and the services the City would require between borrowings. The proposals submitted might include additional services offered by the proposer for the total price proposed. The City would then pick the best combination of cost and services offered, according to advertised weighting factors. Mr. Scheirer felt that such a procedure would eliminate the need to scrutinize and contemplate detailed charges, and it would introduce budgetary certainty where there currently is none. Mr. Scheirer said if the City decided on an additional borrowing, then the consultant would be required by contract to supply certain services for that borrowing at no additional cost. If the City decided against a previously planned borrowing, the consultant would receive the same total amount for the fiscal year and would thereby make a greater profit for that year. He observed that the budgetary uncertainty would be transferred from the City to the consultant. He noted that a less strict formulation of his proposal would be that the consultant propose a fixed price per borrowing, with additional services provided between borrowings. He felt that, in either event, the situation would be superior to the present or even the evolving situation.

Recycling and Garbage

Robert Pfenning, 2830 Linden Street, with reference to the Community Development Committee meeting last week, thought that the plan being proposed for curbside pickup of garbage was trying to jam into a city of varying types of streets, alleys, row homes, and single homes something that did not fit. Mr. Pfenning, remarking he has never understood why it is acceptable to place recycling containers on the curbside for pickup but not garbage cans, said both are garbage. Mr. Pfenning stated he does not see anything wrong with curbside pickup. Mr. Pfenning pointed out the inconsistency of the absence of a requirement for a lid to be placed on a recycling bin versus the proposed requirement for lids on garbage cans. Observing there is no policing over what is placed in a recycling container, Mr. Pfenning notified the assembly that last week when there was a windstorm he picked up items that had been blown out of recycling containers and said a lot of the items were not on the approved recyclables list. Mr. Pfenning thought that recycling should be looked at along with garbage collection in view of the fine line between the two.

CDBG Funding

Dana Grubb, 2420 Henderson Place, advised he has copies for the Mayor and Members of Council of a letter of response concerning a possible decrease in CDBG funding that was sent to him from Senator Santorum. Mr. Grubb read several paragraphs from the letter, as follows: “The President's Fiscal Year 2006 budget proposal requests no funding for the CDBG program. Instead, the President's proposal would combine 18 block grant programs into one program, the Strengthening America's Communities Initiative, funded through the Department of Commerce. While efficiency and fiscal responsibility are goals of good government and should characterize each of its programs, I believe that the CDBG program is vital to our communities and needs to be protected. I would support efforts to ensure this program's funds are used more effectively, but I do not support dismantling the program. You may be interested to know that I joined 54 of my Senate colleagues in sending a letter urging the Senate Budget Committee to maintain the federal government's current commitment to community development programs at the Department of Housing and Urban Development. We have asked our colleagues to support a budget allocation of $4.73 billion for CDBG, Section 108 economic development loan guarantees and the Brownfields Economic Development Initiative for fiscal year 2006. I also led an effort that resulted in 54 senators joining with me in a letter to the Senate Appropriations Committee urging committee members to restore funding for CDBG and other community development programs. I also demonstrated my support for CDBG funding during consideration of the Congressional Budget Resolution which set overall funding levels for the upcoming fiscal year. I strongly supported Senate Amendment 230, introduced by Senator Norm Coleman of Minnesota, which would fully fund the CDBG program in the fiscal year 2006 budget. The amendment passed by a vote of 68-31 on March 17, 2005.” Mr. Grubb recalled that Senator Santorum has been very supportive of the CDBG program in the past.

Martin Tower Development and Campaign Contributions

Stephen Antalics, 737 Ridge Street, referring to his comments made at the March 7, 2006 City Council Meeting about campaign contributions and those who voted in favor of Bill No. 10 – 2006, Zoning Text Amendment – Establishing CM-LTN Traditional Neighborhood Overlay District – Martin Tower, stated he made a thorough study of campaign contributions. Mr. Antalics enumerated that Mrs. Belinski received $17,150 in 2005, she was her largest contributor, and her second largest contributor was Friends of James Delgrosso; Mr. Leeson received $6,616.16 in 2005, his largest contribution was $4,000 from Friends of James Delgrosso, and he was his second largest contributor; Mr. Schweder received $61,115 in 2005, his largest contribution was $12,500 from labor unions, and he was his second largest contributor; Ms. Dolan received $20,913.84 in 2005, her largest contribution was $4,085 from Friends of John Callahan, and her second largest contribution was $3,500 from developers; Mr. Callahan received $33,400 in 2005, and the vast majority of his contributors were developers and engineering firms.

Upon President Schweder’s noting that Mr. Antalics’ time had expired, the Members of Council indicated their unanimous consent for him to continue.

Mr. Antalics repeated that the vast majority of Mr. Callahan’s contributors were developers and engineering firms, and financial consultants. Mr. Antalics asserted that the code of ethics for the City demands that all elected officials should not only avoid a conflict of interest but also the perception.

Various Issues

Eddie Rodriquez, 1845 Linden Street, said he called the Health Bureau, and stressed there is a lot of garbage in the City. Mr. Rodriquez stated that he does not have to be disrespected at the Council Meetings. Focusing on the 5 minute time limit for speakers, Mr. Rodriquez communicated that at the discretion of the chair an individual should be allowed to speak for a few minutes more. Mr. Rodriquez thought that City officials should be able to listen to what the community has to say. Mr. Rodriquez, commenting he would like to speak to Police Commissioner Donchez, stated there are a lot of drugs in the City, a lot of enforcement is needed, and drug activity is coming from out of State. Mr. Rodriquez advised he reported incidents that occurred on Pawnee Street where several houses are involved.

Public Comments Under Courtesy of the Floor

Mary Pongracz, 321 West Fourth Street, referring to the comments of an earlier speaker, said she is strongly opposed to kangaroo courts. Ms. Pongracz stressed that a personal attack on anyone is totally out of order. Ms. Pongracz pointed out that all know it costs money to run for political office. If a person has difficulty with anyone in the Administration or on Council, Ms. Pongracz noted she would strongly recommend that be settled in private.

Ms. Pongracz highlighted the fact that if there is a 5 minute time limit there shall be a 5 minute time limit for everyone with no exceptions. Ms. Pongracz communicated the only exception from the 5 minute rule is to allow a person to complete the sentence or thought.

President Schweder, expressing his concurrence, noted he will be sending a memorandum to his colleagues. President Schweder continued on to express his thought that the suspension of the rules in two of the previous Council Meetings have done great disservice to the body. As the presiding officer, President Schweder noted it is his responsibility to administer the rules that Council has approved and proceed accordingly, as opposed to suspending or waiving the rules on behalf of any individual.

Dave Sanders, 69 East Goepp Street, denoted when someone runs for political office it is not an easy task, and it is not about money but a lot of work. Mr. Sanders highlighted the fact that the result is the election of seven Members of Council who do their jobs, and hear what goes on in the City. Mr. Sanders pointed out that it has always been a matter of public record reported in the newspapers how much money everyone receives. Mr. Sanders thought to bring this up is wrong. Mr. Sanders reminded everyone the reason all are here is to speak with City officials and support the City Council Members who have been elected.

14. ADJOURNMENT

The meeting was adjourned at 8:25 p.m.