Council MInutes

November 5, 2008

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, November 5, 2008 – 7:00 PM

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

President Donchez called the meeting to order. Reverend Steven Brundage, First Presbyterian Church of Bethlehem, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Karen Dolan, Joseph F. Leeson, Jr., Gordon B. Mowrer, J. William Reynolds, J. Michael Schweder, and Robert J. Donchez. 7.

4. APPROVAL OF MINUTES

The Minutes of October 21, 2008 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.

A. Tabled Items

None.

B. Unfinished Business

1. Establishing Article 314 – Security Cameras
2. Political Contributions and Expenditures – Proposed Ordinance
3. Gift of Real Estate – LVIP

C. Old Business – Members of Council

None.

7. COMMUNICATIONS

A. City Solicitor – Use Permit Agreement for Public Property – ArtsQuest – Christkindlmarkt 2008, Christmas City Cirque 2008, First Night 2008

The Clerk read a memorandum dated October 30, 2008 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Use Permit Agreement between the City and ArtsQuest for use of various City properties for the time periods listed for Christkindlmarkt 2008, Christmas City Cirque 2008, and First Night 2008, according to the terms and conditions of the agreement.

President Donchez stated that the Resolution will be placed on the November 18 Agenda.

8. REPORTS

A. President of Council

None.

B. Mayor

None.

C. Finance Committee

Mr. Leeson, Chairman of the Finance Committee, presented an oral report of the meeting held on October 23, 2008 on the following subjects: General Fund and 911 Fund – Overtime and Temporary Help: Transfer of Funds – Economic Development – Temporary Help, Transfer of Funds – Streets Bureau – Overtime, Transfer of Funds – Police Department – Overtime, Transfer of Funds – Police Records Bureau – Overtime, Transfer of Funds – 911 Fund - Communications Bureau – Overtime, Transfer of Funds – Fire Department – Overtime; Water Fund – Overtime and Gasoline: Transfer of Funds – Water Control – Overtime, Transfer of Funds – Water Control, Water Maintenance, Meter Shop – Gasoline; Sewer Fund – Overtime and Gasoline: Transfer of Funds –WWT – Overtime, Transfer of Funds – Sewer Maintenance and Wastewater Laboratory – Overtime, Transfer of Funds – Sewer Maintenance – Gasoline; Golf Course Enterprise Fund - Overtime and Temporary Help: Transfer of Funds – Overtime, Transfer of Funds – Temporary Help; Amending General Fund Budget: Police Department – LCB Overtime Grant, Economic Development - Enterprise Zone Manager - PADCED Grant, Public Works – Mechanical Maintenance – Equipment Repairs – Reimbursement, General Expenses – Continuous Improvement; Amending Non-Utility Capital Budget: TANF Repayment Fund, HOME Investment Trust, Park/Playground Improvements – Monocacy Complex, Southside Recreation Programs, Wireless Mesh Project – PADCED Grant; 2008 Budget Review; Recreation Fees – Proposed Increases.

D. Community Development Committee

Mr. Schweder, Chairman of the Community Development Committee, gave an oral report of the meeting held at 5:45 PM prior to the City Council Meeting on the following subject: Proposed Resolution – CDBG Funding – Non-Profit Organizations.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 29 – 2008 – Amending General Fund Budget - Police Department – LCB Overtime Grant; Economic Development - Enterprise Zone Manager - PADCED Grant; Public Works – Mechanical Maintenance – Equipment Repairs – Reimbursement; General Expenses – Continuous Improvement

The Clerk read Bill No. 29 – 2008 – Amending General Fund Budget - Police Department – LCB Overtime Grant; Economic Development - Enterprise Zone Manager - PADCED Grant; Public Works – Mechanical Maintenance – Equipment Repairs – Reimbursement; General Expenses – Continuous Improvement, sponsored by Mrs. Belinski and Ms. Dolan, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA,
AMENDING THE GENERAL FUND BUDGET FOR 2008.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 29 - 2008 was declared passed on First Reading.

B. Bill No. 30 – 2008 - Amending Non-Utility Capital Budget - TANF Repayment Fund; HOME Investment Trust; Park/Playground Improvements – Monocacy Complex; Southside Recreation Programs; Wireless Mesh Project – PADCED Grant

The Clerk read Bill No. 30 – 2008 - Amending Non-Utility Capital Budget - TANF Repayment Fund; HOME Investment Trust; Park/Playground Improvements – Monocacy Complex; Southside Recreation Programs; Wireless Mesh Project – PADCED Grant, sponsored by Mrs. Belinski and Ms. Dolan, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2008 CAPITAL BUDGET FOR NON-UTILITIES.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 30 - 2008 was declared passed on First Reading.
11. RESOLUTIONS

Considering Resolutions as a Group

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

A. Transfer of Funds – Economic Development – Temporary Help

Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-190 that transferred $1,762 in the General Fund Budget from the Economic Development – Training/Cont. Education Account to the Economic Development - Temporary Help Account, to cover the salary of the Economic Development Assistant throughout the remainder of the year.

Mr. Schweder questioned the use of the Unforeseen Contingency Account, that is usually used for items that are out of the ordinary, as a source for a transfer of funds for the purpose of Overtime.

Dennis Reichard, Business Administrator, explained that during the year there are certain occurrences that require additional overtime and the Unforeseen Contingency Account is used if there is no other account from which to obtain funds.

Mr. Schweder wondered whether there will be an increase in Overtime in the 2009 Budget.

B. Transfer of Funds – Streets Bureau – Overtime

Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-191 that transferred $16,400 in the General Fund Budget from the following accounts: $1,400 – Streets – Temporary Help and $15,000 – Streets – Department Contract, to the Streets – Overtime Account, to cover overtime expenses.

C. Transfer of Funds – Police Department – Overtime

Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-192 that transferred $55,000 from the following accounts: $10,000 – Police – Equipment, $15,000 – Police – Training, $5,000 – Police – Musikfest Overtime, and $25,000 – Unforeseen Contingency, to the Police – General Overtime Account, to cover overtime expenses.

D. Transfer of Funds – Police Records Bureau – Overtime

Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-193 that transferred $5,000 in the General Fund Budget from the Police – Musikfest Overtime Account to the Police – Records Room Temporary Help Account, to cover expenses for temporary help.

E. Transfer of Funds – 911 Fund - Communications Bureau – Overtime

Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-194 that transferred $10,000 in the 911 Fund Budget from the Professional Fees Account to the Overtime Account, to cover expenses for overtime.

F. Transfer of Funds – Fire Department – Overtime

Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-195 that transferred $27,400 in the General Fund Budget from the following accounts: $5,000 – Fire – Operating, $8,000 – Fire – Uniforms, $8,000 – Fire Training, $1,400 – Fire – Repairs, and $5,000 – Fire – Equipment, to the Fire – Overtime Account, to cover overtime expenses.

G. Transfer of Funds – Water Fund – Water Control – Overtime

Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-196 that transferred $28,000 in the Water Fund Budget from the Water General – Unforeseen Contingency Account to the Water Control – Overtime Account, to cover expenses for overtime.

H. Transfer of Funds – Water Fund – Water Control, Water Maintenance, Meter Shop – Gasoline

Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-197 that transferred $8,800 in the Water Fund Budget from the Water General – Unforeseen Contingency Account to the following accounts: $1,800 – Water Control – Gasoline, $5,000 – Water Maintenance – Gasoline, and $2,000 – Meter Shop – Gasoline, to cover expenses for gasoline.

I. Transfer of Funds – Sewer Fund –WWT – Overtime

Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-198 that transferred $25,000 in the Sewer Fund Budget from the Wastewater Treatment – Salaries Account to the Wastewater Treatment – Overtime Account to cover expenses for overtime.

J. Transfer of Funds – Sewer Fund – Sewer Maintenance and Wastewater Laboratory – Overtime

Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-199 that transferred $16,000 in the Sewer Fund Budget from the Wastewater Treatment – Equipment Maintenance Account, to the following accounts: $14,000 – Sewer Maintenance – Overtime and $2,000 – Wastewater Laboratory – Overtime, to cover expenses for overtime.

K. Transfer of Funds – Sewer Fund – Sewer Maintenance – Gasoline

Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-200 that transferred $4,600 in the Sewer Fund Budget from the Wastewater Treatment – Equipment Maintenance Account to the Sewer Maintenance – Gasoline Account, to cover expenses for gasoline.

L. Transfer of Funds – Golf Course Enterprise Fund - Overtime

Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-201 that transferred $5,000 in the Golf Course Enterprise Fund Budget from the Unforeseen Contingency Account to the Golf-Overtime Account, to cover overtime expenses.

M. Transfer of Funds – Golf Course Enterprise Fund - Temporary Help

Mrs. Belinski and Ms. Dolan sponsored Resolution 2008-202 that transferred $9,000 in the Golf Course Enterprise Fund Budget from the following accounts: $4,000 – Clubhouse – Part Time, and $5,000 – Department Contracts, to the Maintenance – Part Time Account, to cover temporary help expenses.

Voting AYE on Resolutions A through M: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The Resolutions passed.

N. Certificate of Appropriateness – 903 Prospect Avenue

Mr. Mowrer and Mr. Reynolds sponsored Resolution 2008-203 that granted a Certificate of Appropriateness to install railings on the east and west porch roofs of 903 Prospect Avenue.

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

O. Certificate of Appropriateness – 201 East Third Street

Mr. Mowrer and Mr. Reynolds sponsored Resolution 2008-204 that granted a Certificate of Appropriateness to install awnings at the front and side of 201 East Third Street.

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

Suspending Rules of Council and Adding Resolution

Mr. Schweder and Mr. Mowrer moved to suspend the Rules of Council and add the following Resolution as a result of the preceding Community Development Committee meeting held this evening. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The motion passed.

CDBG Funding Regulations – Non-Profit Organizations

Mr. Schweder and Mr. Mowrer sponsored Resolution 2008-205 that amended the rules for allocation of CDBG funds to private non-profit organizations to delineate how allocations are to be used including, among other provisions specified in the Resolution, supplementing costs associated with expansion, building or other capital efforts or to purchase equipment necessary for delivering programs that primarily benefit (51% or higher) low and moderate income clientele; funds will not be allocated for program operating costs. For costs associated with expansion, building or other capital efforts funds are allocated only for projects undertaken within the corporate boundaries of the City of Bethlehem. For the purchase of equipment necessary for delivering programs that primarily benefit (51% or higher) low and moderate income clientele funds will be allocated only where at least 90% of the clientele served are residents of the City of Bethlehem. The purchase of services that directly supplement ongoing CDBG funded City of Bethlehem initiatives in the areas of affordable housing and economic development and recreation programs working in conjunction with the Bethlehem Housing Authority shall be exempt from the conditions of the Resolution.

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

P. Adopting Annual Action Plan – 2009 CDBG and HOME Programs

Mr. Schweder and Mr. Mowrer sponsored Resolution 2008-206 that approved the Annual Action Plan for 2009 Community Development Block Grant (CDBG) and HOME Programs for submittal to the United States Department of Housing and Urban Development.

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

12. NEW BUSINESS

Meeting Announcements

President Donchez stated that the First Budget Hearing on the 2009 Proposed Budget will be held on Wednesday, November 12, 2008 at 7:00 PM in Town Hall, on the following budgets: Community and Economic Development Department; Community Development Block Grant Fund; Non-Utility Capital Fund; Parks and Public Property; and Golf Course Enterprise Fund.

President Donchez announced a Committee of the Whole meeting on Tuesday, November 18, 2008 in Town Hall upon the adjournment of the City Council Meeting to review the Five Year Capital Plan.

Chairman Schweder announced Community Development Committee meetings on Tuesday, November 18, 2008 at 5:45 PM in Town Hall on the amendments to the Recycling Ordinance, and on Tuesday, November 25, 2008 at 8:00 AM in Town Hall on the LERTA Ordinance and Historic Properties Proposal.

Chairman Reynolds announced a Human Resources and Environment Committee meeting on Monday, December 1, 2008 at 8:00 AM on the proposed 2009 personnel proposals.

13. COURTESY OF THE FLOOR

Five Points Traffic Plan – One Way Pairs

Terry Meixell, 56 East Goepp Street, noted that he spoke with Darlene Heller, Director of Planning and Zoning about the public meeting held on the proposed one way pairs traffic plan for the vicinity of Five Points and learned that 80-90 people who attended were in favor of it. Mr. Meixell pointed out that Eddie Rodriquez has a petition on file containing 130 names of people who are against the proposal. Mr. Meixell questioned whether the Fire Department and Police Department were in favor of the plans, and was told they were. However, Mr. Meixell advised he contacted the former Deputy Fire Commissioner who said he was against it. Mr. Meixell stated that in the study that was done there was no research on the flow of traffic from Broadway to Brodhead. Further noting that in the report it was stated that accidents on Wyandotte are below the State-wide average, but the accidents on Fourth Street and Broadway are two to three times higher, Mr. Meixell questioned why all the traffic is being sent in that direction. Mr. Meixell expressed the hope that there would be a testing period for one month in the area, and then people could offer their comments on the changes. Mr. Meixell informed the assembly that he spoke with the State engineer to ask why a west side ramp was not considered and was told there was never any discussion or a study done on that matter. Mr. Meixell related he also spoke with a representative from the State department that issues permits for oversize loads and he questioned how the large vehicles will go on Third Street to get to Route 378 and was told there were a few options since they could go on Third Street by Cathedral Church of Nativity. However, Mr. Meixell did not think they could make it up the hill, and also did not think they could make the turn for the other alternative to go onto Fourth Street. Observing the other option is to close down Broadway, Mr. Meixell remarked that would not help the flow of traffic. Mr. Meixell expressed the hope that the proposal would be reconsidered, and added that everyone he has spoken with is against it. Mr. Meixell repeated his request to conduct a temporary test in the area to see if it will work.

Eddie Rodriquez, 1845 Linden Street, commented he believes as Mr. Meixell stated that there should be a testing period for the one way pairs at Five Points, and to see what will happen with the various vehicles including ambulances, school buses, fire trucks, and so on. Mr. Rodriquez, observing if a left turn is made on West Third Street onto Brodhead Avenue in the direction of Lehigh University, and Broadway is one way, questioned how will commercial vehicles make a right hand turn, and turn onto West Fourth Street where the Tally Ho is located. Mr. Rodriquez highlighted the fact that he took a lot of time to get a petition to prove the business owners and residents did not want the proposal for one way pairs, and yet Council voted for it and went against the people’s will. Stressing that there should be parking throughout the day on the north and southbound lanes, Mr. Rodriquez asserted the left turn lane should have been eliminated as a possible solution to not having the one way pairs. Requesting that Council take a second look at the plans rather than let the Administration convince them what is right, Mr. Rodriquez expressed that the people are right in this instance and deserve a second chance.

Stephen Antalics, 737 Ridge Street, expressed his strong support for the comments of Eddie Rodriquez and Terry Meixell. Mr. Antalics recalled that a number of times he questioned the adequacy of the Five Points Traffic Plan study because other options were not reviewed to solve the Five Points problems. He stressed that, as he mentioned before, the citizens will suffer 75% of the time with no parking compared with 25% of the traffic. Mr. Antalics noted that one Member of Council supported his idea for directional lights, and added the process allows parking on either side of the street based on where the traffic is flowing, as is done in others cities such as Washington and New York. Mr. Antalics pointed out that the simple idea of lane lights from the Hill to Hill Bridge to Wyandotte Street hill would eliminate one way streets. Mr. Antalics said the person who did the study admitted after he made his comments that they did not look into that aspect of the study. Mr. Antalics asserted that the problem is not being looked at realistically and someone else’s word is being taken without following through on the matter. Mr. Antalics stated that the traffic problem can be solved with a minimal amount of expense and without aggravating people in the area.

Bill Scheirer, 1890 Eaton Avenue, highlighted the fact that in Washington, D.C. there are streets that go in one direction during the morning rush hour and in another direction during the evening rush hour, and otherwise they are two way. Mr. Scheirer said his impression is that there are more crashes in Bethlehem per mile than in Washington, D.C. in spite of the reverse directions and the greater volume of traffic. Mr. Scheirer did not think that reversing directions in and of itself is anything that would be an insurmountable barrier. Mr. Scheirer felt that the problem was not broken down, all the possible solutions were not looked at, and there was no brainstorming on the issue. Mr. Scheirer pointed out that the first draft of the Comprehensive Plan notes that the Five Points traffic plan will happen.

Bethlehem World Series; Recycling

Chuck Nyul, 1966 Pinehurst Road, exclaimed that last Saturday afternoon at Banko field was the grandest time he ever had for the world series of Bethlehem and watching over 12,000 residents cheering on the high school teams and bands. He added it was a great day for Bethlehem. Mr. Nyul noted he saw the Mayor in a television ad on Channel 69 news explaining that the expansion of the recycling program will not cost the citizens any more money. Mr. Nyul expressed his disbelief and wondered how much it will cost, and added that he enjoys going to the Recycling Center.

The meeting was adjourned at 7:35 p.m.