City Council

Council Minutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, December 6, 2011 – 7:00 PM

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

Acting President David T. DiGiacinto called the meeting to order. Reverend Maria Spada, of Trinity United Church of Christ, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Karen Dolan, Eric R. Evans, Gordon B. Mowrer, J. William Reynolds, and David T. DiGiacinto, 6. Robert J. Donchez was absent, 1.

CITATIONS - Honoring Lawrence C. Coleman, Michael J. Horwath, Charles A. Luchini,
Larry G. Mika, Michael R. Packard, Gary E. Ritter, and James J. Smith

Acting President DiGiacinto stated that the Citations honoring Lawrence C. Coleman, Michael J. Horwath, Charles A. Luchini, Larry G. Mika, Michael R. Packard, Gary E. Ritter, and James J. Smith on the occasion of their retirement will be sent to them since they were unable to attend the Meeting this evening.

4. APPROVAL OF MINUTES

The Minutes of November 15, 2011 were approved.

5. COURTESY OF THE FLOOR

Funeral Processions – Fee

Pat Connell, 245 E. Broad Street, representing Connell Funeral Home, addressed the recommendation to charge for funeral escorts in the amount of $150. Mr. Connell stated that he has been in the funeral business for over 40 years and his family has been in the business since 1920. Mr. Connell thanked the City for the many years of providing Police escorts for funeral processions and stated there is no question that this is 100% safety related. Mr. Connell observed that, with the Police motorcycle escorts, drivers who are not in the procession are more inclined to stop and allow the procession to follow through, the drivers in the procession feel safer, and the procession can drive from one point to another without stopping for traffic lights. Mr. Connell expressed that his biggest concern is the safety of the driving procession of 10 to 40 cars through the City of Bethlehem. Mr. Connell noted that if the amount is $150 funeral homes will now start passing that fee on to families they are serving, and some families are going to opt not to pay that fee. Mr. Connell observed that large families that have the most need for the escort are often the families that have the most financial restraints. Mr. Connell further expressed his concern about multiple funerals in one day that all requested a paid escort and what would happen if there was not enough manpower to provide it. Mr. Connell wondered what the liability would be if a car were in an accident when a family opts not to pay for the escort. Mr. Connell questioned whether funeral directors who are leading the funeral are supposed to stop at each traffic light and stop sign to see that the funeral stays close together. Mr. Connell wondered when there is a financial difficulty for the families they serve would the City be willing to adjust the fee. Mr. Connell questioned if the fee will cover the whole funeral from going to a funeral home to a church and to the cemetery or is that considered several escorts. Mr. Connell asked the Members of Council when they consider this proposal to look at the long term and realize that some families will opt not to pay for this service and cause a less safe manner in the process of a funeral procession.

Bill Scheirer, 1890 Eaton Avenue, observed that one of the things that make Bethlehem special is the respect that we show to each other. He felt one of those respects is the respect shown to the deceased and to the mourners by escorting them from place to place. Mr. Scheirer said it lends a certain dignity to the procession and it is quite simply a sign of respect that should be granted no matter the person’s station in life. Mr. Scheirer urged Council not to impose the fee.

6. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

7. COMMUNICATIONS

A. Bethlehem Authority Executive Director – Wind Energy Project – Terminating Letter of Intent

The Clerk read a memorandum dated November 17, 2011 from Stephen Repasch, Executive Director of the Bethlehem Authority, advising that the Bethlehem Authority recently terminated the Letter of Intent with Call Mountain Wind to negotiate a license agreement for use of certain Bethlehem Authority watershed property in Penn Forest Township, Carbon County, to develop a wind energy project that was approved by City Council on April 5, 2011, Resolution 2011-57. The Letter of Intent was terminated due to the inability of Call Mountain Wind to negotiate a license agreement based on the terms identified in the Letter of Intent. The Bethlehem Authority will now issue a Request for Proposals from interested developers to hopefully move the project forward.

Acting President DiGiacinto stated that this is for information only.

B. City Solicitor – Amending Article 521 – Funeral Processions – Fees

The Clerk read a memorandum dated December 1, 2011 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Ordinance to amend Article 521, Operation of Vehicles, Section 521.01, Funerals and Authorized Processions, and a proposed Resolution to establish the associated fee of $150 for Police Escorts of a funeral procession.

Acting President DiGiacinto stated that Bill No. 39 – 2011 is listed on the Agenda for First Reading; and, the Resolution will be placed on the December 21 Agenda.

C. City Solicitor – Establishing Article 1501 – Fire Safety and Code Enforcement Inspection Fees

The Clerk read a memorandum dated December 1, 2011 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Ordinance to establish Article 1501 entitled Fire Safety and Code Enforcement Inspection Fees and a proposed Resolution to establish the fees.

Acting President DiGiacinto stated that Bill No. 40 – 2011 is listed on the Agenda for First Reading; and, the Resolution will be placed on the December 21 Agenda.

D. Business Administrator – Amending Pension Plans – Compliance with Regulations

The Clerk read a memorandum dated December 1, 2011 from Dennis W. Reichard, Business Administrator, advising that Ordinances and plan documents for the Police, Fire and Officers’ and Employees’ Pension Plans have been forwarded to the City Clerk’s Office. The amendments do not change the operations of the Pension Plans but rather update certain sections of the plans to reflect standard IRS language required by the IRS for tax-qualified plans containing this language. The amendments need to be adopted by December 31, 2011.

Acting President DiGiacinto stated that Bill Nos. 36, 37, and 38 – 2011 are listed on the Agenda for First Reading.

E. Business Administrator – Entry Level Police and Fire Exams – Fees

The Clerk read a memorandum dated November 23, 2011 from Dennis W. Reichard, Business Administrator, requesting an increase for the entry level police and fire exams from $25 to $50, and advising that the last increase was in 1999.

Acting President DiGiacinto stated that the Finance Committee has advised that they do not wish to schedule a meeting to review this matter. The Resolution will be placed on the December 21 Agenda.

F. Special Council Committee – Amendments to Rules of Council; Nominations and Elections – Proposed Procedures

The Clerk read a memorandum dated December 1, 2011 from Karen Dolan, Chairwoman of the Special Council Committee, to which was attached Summaries of the Motions made by the Special Council Committee at its Meetings on October 26, 2011 and November 30, 2011 on the subjects of Rules of Council – Revisions, and Nominations and Elections – Procedures. Also attached was a Resolution with proposed Amendments to the Rules of Council recommended by the Special Council Committee for consideration at the December 21, 2011 City Council Meeting.

Acting President DiGiacinto stated that the Resolution will be placed on the December 21 Agenda.

8. REPORTS

A. President of Council

Acting President DiGiacinto announced the following:

Committee of the Whole Meeting - December 7 at 7:30 PM in Town Hall on the Proposed Energy Savings Project and the Five Year Capital Plan.

Upon adjournment of the Committee of the Whole Meeting December 7 - Third Budget Hearing review the following Budgets: Public Works Department, Liquid Fuels Fund, Non-Utility Capital Fund, Community Development Block Grant Fund, and Community and Economic Development Department.

Fourth Budget Hearing - Monday, December 12 at 7:00 PM in Town Hall.

Final Budget Hearing - December 15 at 7:00 PM in Town Hall.

B. Mayor

1. Administrative Order – Joseph S. Saka, DPM – Civil Service Board - Police

Mayor Callahan appointed Joseph S. Saka, DPM, to membership on the Civil Service Board – Police, effective through February 2012. Mrs. Belinski and Mr. Reynolds sponsored Resolution 2011-196 to confirm the appointment.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. The Resolution passed.

2. Administrative Order – Dennis R. Connell – Codes Board of Appeals

Mayor Callahan reappointed Dennis R. Connell to membership on the Codes Board of Appeals, effective through December 2014. Mrs. Belinski and Mr. Reynolds sponsored Resolution 2011-197 to confirm the appointment.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. The Resolution passed.

3. Administrative Order – Flexer A. Illick – Codes Board of Appeals

Mayor Callahan reappointed Flexer A. Illick to membership on the Codes Board of Appeals, effective through December 2014. Mrs. Belinski and Mr. Mowrer sponsored Resolution 2011-198 to confirm the appointment.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. The Resolution passed.

4. Administrative Order – Bryan L. Ritter – Codes Board of Appeals

Mayor Callahan reappointed Bryan L. Ritter to membership on the Codes Board of Appeals, effective through December 2014. Mrs. Belinski and Mr. Reynolds sponsored Resolution 2011-199 to confirm the appointment.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. The Resolution passed.

5. Administrative Order – Sandra B. Gillen – Fine Arts Commission

Mayor Callahan reappointed Sandra B. Gillen to membership on the Fine Arts Commission, effective through December 2014. Mrs. Belinski and Mr. Reynolds sponsored Resolution 2011-200 to confirm the appointment.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. The Resolution passed.

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

Mayor Callahan reappointed Ellen Foscue Johnson to membership on the Fine Arts Commission, effective through December 2014. Mrs. Belinski and Mr. Reynolds sponsored Resolution 2011-201 to confirm the appointment.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. The Resolution passed.

7. Administrative Order – Patricia A. Kandianis – Fine Arts Commission

Mayor Callahan reappointed Patricia A. Kandianis to membership on the Fine Arts Commission, effective through December 2014. Mrs. Belinski and Mr. Evans sponsored Resolution 2011-202 to confirm the appointment.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. The Resolution passed.

8. Administrative Order – Dolores Yaschur Sproule – Fine Arts Commission

Mayor Callahan reappointed Dolores Yaschur Sproule to membership on the Fine Arts Commission, effective through December 2014. Mrs. Belinski and Mr. Evans sponsored Resolution 2011-203 to confirm the appointment.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. The Resolution passed.

9. Administrative Order – Jane C. Schaffer – Sister City Commission

Mayor Callahan reappointed Jane C. Schaffer to membership on the Sister City Comission, effective through December 2014. Mrs. Belinski and Mr. Evans sponsored Resolution 2011-204 to confirm the appointment.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. The Resolution passed.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 36 – 2011 – Firemen’s Pension Fund – Compliance with Pension Funding Equity Act of 2004, Pension Protection Act of 2006, and Final Regulations Issued under Internal Revenue Code Section 415

The Clerk read Bill No. 36 – 2011 – Firemen’s Pension Fund – Compliance with Pension Funding Equity Act of 2004, Pension Protection Act of 2006, and Final Regulations Issued under Internal Revenue Code Section 415, sponsored by Mr. DiGiacinto and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF
LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA,
AMENDING ARTICLE 151 OF THE CODIFIED ORDINANCES ENTITLED
FIREMEN’S PENSION FUND IN ORDER TO COMPLY WITH THE PENSION
FUNDING EQUITY ACT OF 2004, PENSION PROTECTION ACT OF 2006,
AND THE FINAL REGULATIONS ISSUED UNDER INTERNAL REVENUE
CODE SECTION 415 EFFECTIVE AS PROVIDED IN THE AMENDMENT.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. Bill No. 36 - 2011 was declared passed on First Reading.

B. Bill No. 37 – 2011 – Police Pension Fund – Compliance with Pension Funding Equity Act of 2004, Pension Protection Act of 2006, Final Regulations Issued under Internal Revenue Code Section 415, and Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART)

The Clerk read Bill No. 37 – 2011 - Police Pension Fund – Compliance with Pension Funding Equity Act of 2004, Pension Protection Act of 2006, Final Regulations Issued under Internal Revenue Code Section 415, and Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART), sponsored by Mr. DiGiacinto and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF
LEHIGH AND NORTHAMPTON, COMMONWEALTH OF
PENNSYLVANIA, AMENDING ARTICLE 153 OF THE CODIFIED
ORDINANCES ENTITLED POLICE PENSION FUND IN ORDER
TO COMPLY WITH THE PENSION FUNDING EQUITY ACT OF 2004,
PENSION PROTECTION ACT OF 2006, THE FINAL REGULATIONS
ISSUED UNDER INTERNAL REVENUE CODE SECTION 415, AND
THE HEROES EARNINGS ASSISTANCE AND RELIEF TAX ACT OF
2008 (HEART) EFFECTIVE AS PROVIDED IN THE AMENDMENT.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. Bill No. 37 - 2011 was declared passed on First Reading.

C. Bill No. 38 – 2011 – Officers’ and Employees’ Retirement and Pension System – Compliance with Pension Fund Equity Act of 2004, Pension Protection Act of 2006, and Final Regulations Issued under Internal Revenue Code Section 415

The Clerk read Bill No. 38 – 2011 - Officers’ and Employees’ Retirement and Pension System – Compliance with Pension Fund Equity Act of 2004, Pension Protection Act of 2006, and Final Regulations Issued under Internal Revenue Code Section 415, sponsored by Mr. DiGiacinto and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF
LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA,
AMENDING ARTICLE 155 OF THE CODIFIED ORDINANCES ENTITLED
OFFICERS’ AND EMPLOYEES’ RETIREMENT AND PENSION SYSTEM
IN ORDER TO COMPLY WITH THE PENSION FUNDING EQUITY
ACT OF 2004, PENSION PROTECTION ACT OF 2006, AND THE
FINAL REGULATIONS ISSUED UNDER INTERNAL REVENUE
CODE SECTION 415 EFFECTIVE AS PROVIDED IN THE AMENDMENT.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. Bill No. 38 - 2011 was declared passed on First Reading.

D. Bill No. 39 – 2011 – Amending Article 521 – Funeral Processions – Fees

The Clerk read Bill No. 39 – 2011 – Amending Article 521 –Funeral Processions – Fees, sponsored by Mr. DiGiacinto and Mr. Mowrer, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 521 OF THE CODIFIED ORDINANCES
ENTITLED OPERATION OF VEHICLES.

Ms. Dolan, communicating that the City and others are facing fiscal challenges, commented that in the past the City had more discretionary funds. She noted that, in addition to funerals, businesses and other entities would benefit from Police escorts such as schools, buses, ambulances, emergency vehicles. Observing that every time a service is provided that is really not a City service is a cost to the taxpayers, Ms. Dolan stated the question is who should pay for it and take on the responsibility of doing something that the City is not in the business of doing. Highlighting the fact that funeral homes lead processions, make sure vehicles have flags, request that the vehicle lights are turned on, Ms. Dolan remarked that large funeral procession is similar to a train travelling through the City. While commenting that she does not see the necessity for a Police escort for all funerals, Ms. Dolan stressed that if it is necessary and people feel the need for it then it is an expense that could be passed on to a person.

Mr. Reynolds asked the origin of the proposed $150 fee.

Mayor Callahan, while acknowledging it is a balance, pointed out that Bethlehem is the only City in the Lehigh Valley that provides this service. Agreeing it is an important and nice service to have, Mayor Callahan explained the Administration does not feel it is something that is required. He added it is recognized that it places a burden on the City and there is a cost associated with the funeral escort service since the Police Officers would be performing other City services.

Jason Schiffer, Police Commissioner, referring to a comment of Ms. Dolan, affirmed that in the past Police Officers were paid roster duty to be at First Presbyterian Church on Sunday. Advising that Police funeral escorts have been an issue for a long time, Police Commissioner Schiffer explained that the Traffic Division is made up of motorcycle Officers and a good part of their day is dedicated to funeral escorts. Consequently, those Officers cannot be assigned other duties at that time. Informing the Members that the Police Department has been reviewing the matter for over a year, Police Commissioner Schiffer pointed out that these Officers go from one funeral to the next so that half of their shift is spent in processions and they are not handling traffic duties. Commissioner Schiffer stated that in 2010 the Police Department provided 612 funeral escorts. He advised that $100 would be the minimum amount, and added that some larger funerals need 2 or 3 Police Officers. Police Commissioner Schiffer noted that in a USA Today newspaper article it was reported that the number of Police funeral escorts are being reduced, some eliminated, some cities changed it from may to shall with a specified fee that ranges from $150 to $600 across the country. Police Commissioner Schiffer stated that the proposed $150 fee does not cover all of the costs but helps to defray them.

Acting President DiGiacinto, member of the Finance Committee, confirming that he along with the other members of the Finance Committee did not move to discuss this and other fees in Committee, stated that he thought the fees were legitimate. Mr. DiGiacinto advised that his question was the $150 amount and whether or not it was reasonable. Mr. DiGiacinto inquired how the traffic will be accommodated if someone elects not to request the paid service.

Police Commissioner Schiffer confirmed that presently every request for a Police escort for a funeral cannot be accommodated when there is a priority call such as 911. He further explained that when the Officer proceeds to the front of the procession, the end of the procession proceeds through an intersection without the Police escort. Police Commissioner Schiffer advised that there are Pennsylvania rules for funeral processions such as prohibiting other motorists from getting into the procession.

Mr. Evans, affirming that the Members of Council received a copy of a letter from Patrick Connell, Connell Funeral Home, noted that in Mr. Connell’s letter there was a suggestion for adding a requirement for four way flashers. Mr. Evans inquired if the Administration would object to the addition.

Police Commissioner Schiffer advised he does not object. Mayor Callahan, stating it is a good suggestion, noted it should have been included in the proposed Ordinance.

Motion – Amendment to Bill No. 39 – 2011

Mr. Evans moved and Ms. Dolan seconded the motion that paragraph (h) which reads as follows:

(h) Each vehicle shall be driven with low beam headlights turned on.

be amended to read as follows:

(h) Each vehicle shall be driven with low beam headlights turned on and four way flashers.

Voting AYE on the Amendment: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. The motion passed.

Voting AYE on Bill No. 39, as Amended: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. Bill No. 39 - 2011 was declared passed on First Reading.

E. Bill No. 40 – 2011 – Establishing Article 1501 – Fire Safety and Code Enforcement Inspection Fees

The Clerk read Bill No. 40 – 2011 – Establishing Article 1501 – Fire Safety and Code Enforcement Inspection Fees, sponsored by Mr. DiGiacinto and Mr. Mowrer, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ESTABLISHING
ARTICLE 1501 OF THE CODIFIED ORDINANCES OF
THE CITY OF BETHLEHEM ENTITLED FIRE SAFETY
AND CODE ENFORCEMENT INSPECTION FEES

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. Bill No. 40 - 2011 was declared passed on First Reading.

11. RESOLUTIONS

Motion – Considering Resolutions as a Group

Mr. Evans and Mrs. Belinski moved to consider Resolutions 11 A through 11 D as a group. Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. The motion passed.

A. Certificate of Appropriateness – 325 Broadway

Ms. Dolan and Mr. Evans sponsored Resolution 2011–205 that granted a Certificate of Appropriateness to install an additional sign at 325 Broadway.

B. Certificate of Appropriateness – 29 West Fourth Street

Ms. Dolan and Mr. Evans sponsored Resolution 2011–206 that granted a Certificate of Appropriateness to install two signs at 29 W. 4th Street.

C. Certificate of Appropriateness – 322 East Third Street

Ms. Dolan and Mr. Evans and sponsored Resolution 2011-207 that granted a Certificate of Appropriateness to install signage and an awning at 322 E. 3rd Street.

D. Certificate of Appropriateness – 339 Broadway

Ms. Dolan and Mr. Evans and sponsored Resolution 2011–208 that granted a Certificate of Appropriateness for an awning sign already installed at 339 Broadway.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. DiGiacinto, 6. The Resolutions passed.

12. NEW BUSINESS.

None.

13. COURTESY OF THE FLOOR

Various Issues

Eddie Rodriguez, 701 Main Street, observed that the average cost of a funeral is about $7,000 and thought that $150 is a small amount compared to the cost of a funeral. Mr. Rodriguez expressed the hope that the Parking Authority would keep the costs lower as much as possible. He remarked that whenever someone comes up to the podium during Council Meetings he hopes that nothing is taken personally. Mr. Rodriquez stated he has turned something into the Police Commissioner regarding a letter, and he is terminating everything with regards to anything stolen, and stated that should be on record. Mr. Rodriquez said in regards to anything else he is done with that. Mr. Rodriguez asked the Mayor and Police Commissioner to have a camera installed at Pawnee and Dakotah Streets where many things are happening, and added he has been waiting four years. Mr. Rodriquez noted he has turned in license plates and descriptions of individuals which he hopes is being used to the benefit of the Police Department. Mr. Rodriguez wanted some feedback regarding the left turn lane for McDonald’s Restaurant and the parking returning to the northbound lane of Wyandotte Street. Mr. Rodriquez commented that he would like to see something done in reference to the matter. Acting President DiGiacinto explained that this will be on the next City Council Meeting Agenda. Mr. Rodriguez mentioned that on Route 378 South there is not enough time for motorists when they are behind each other on the 378 right turn lane to have an advanced notice as to whether to proceed in that lane that is causing more congestion because drivers are trying to move out of the left turn lane into the right to proceed on South 378 up the hill.

Comments on Politics

Bill Scheirer, 1890 Eaton Avenue, recalled over 8 years ago a member of the Bethlehem Citizens Association who has not attended a Council meeting for many years made a reference to “the sewer that is Bethlehem politics”. Mr. Scheirer was shocked by this statement and did not agree with it. Mr. Scheirer remarked that in political warfare the first casualty is relevance as facts are dredged up and perhaps taken out of context, possibly mischaracterized, manipulated, twisted and then disseminated. Mr. Scheirer remarked it would seem that these politics of personal destruction have come to the City of Bethlehem after a period of civility and courtesy. Referring to past comments of Stephen Antalics, Mr. Scheirer thought that political warfare will result in fewer people running for Council because they will find it returns to the days of schoolyard taunting and verbal bullying. He said some people will make contributions to the City in other ways, some will not, and some may leave the City. Mr. Scheirer remarked that whatever happens the City will be poorer for it.

Robert Pfenning, 2830 Linden Street, turning to the recent Council election, recommended that people look at the reports on the City or County website and compare the Democratic reports with the Republican reports and the distinct difference in the nature of the contributors. He said there are developers and lawyers on the Democratic side and there is no special interest on the Republican side that is visible. Mr. Pfenning stated that in his opinion campaigns should be an effort to expose people’s ideas for the future, and in the case of incumbents to take a look at their past performance. Mr. Pfenning related that the Chair of the City County Democratic Committee came forth with a revelation that one of the City Council candidates had placed some photos on the internet which were inappropriate in his opinion and showed poor judgment on the part of the candidate and would blemish the fine reputation of City Council. Mr. Pfenning doubted that the pictures in question would have linkage directly to the individual, there was no name, no phone number and no web or email address. Mr. Pfenning stressed it was only going through different things that they came up with this allegation. Mr. Pfenning communicated that what the candidate did not do was that he did not have thousands of dollars to run a background check on himself so he got caught. This candidate did not avoid the issue and did not deny it; rather, he stated that those were his pictures, and he did not lie. Mr. Pfenning thinks that is much more manly in that behavior than executing a campaign that is based on character assassination and hitting below the belt. If this style of campaigning and this nature of politics of the City of Bethlehem is the way it is moving towards in the future, Mr. Pfenning said he wanted to go officially on record that he does not like this vision.

Funeral Processions – Fee; Dewberry Avenue Fire Station

Mary Pongracz, 321 W. Fourth Street, remarked that she is slightly horrified about what is happening tonight. As a native and lifetime citizen of the City of Bethlehem, Ms. Pongracz stated that she deserves the dignity of having a police escort without paying for it. She sees this as an insult to the citizens of the City of Bethlehem. Ms. Pongracz stressed that she has been paying taxes for all the years she has lived in Bethlehem and part of her taxes support the Police Department, Fire Department, and anyone else involved in the City. Ms. Pongracz thought that the courtesy of having a funeral procession given in memory of the person who has passed is the least that can be done for the citizens of the City of Bethlehem. In discussions about the closing of the Dewberry Fire Station and turning it into an EMS Station, Ms. Pongracz mentioned that she would like to ask how many more heart attacks and medical problems are called to provide service as compared to how many fires in a year. Ms. Pongracz stated she believes that another EMS Station is needed in the City.


Funeral Processions – Fee; Council Rules

Dana Grubb, 2420 Henderson Place, asked what a Police funeral escort entails, is it one motorcycle or two motorcycles, would the City bill $150 for the funeral or $150 per motorcycle. Mr. Grubb believed that fees for services should reflect the cost of the service and go to that specific service. Mr. Grubb suggested that even in the good times the City should budget as if it were bad times so that the bad times do not become as bad. Mr. Grubb, turning to the Council Rules, said it was unclear to him regarding the vote for the President and Vice President of Council by using a ballot election and noted it references procedure 2 in accordance with Roberts Rules of Order. Mr. Grubb observed that if this reflects a secret ballot he would strongly urge Council not to head in that direction. He thought this would be a poor decision and stressed the public expects elected officials to make their votes in full view of the public. Mr. Grubb stated this should be an open process and he hopes that the majority on Council feel that way.

Council Rules

Stephen Antalics, 737 Ridge Street, referring to the Rules of Council, observed he can speak to Council on problems he perceives within City Government. Mr. Antalics noted the Rules states that public comment will not be extended for personal insults and personal attacks on any individual, name calling or other behavior that is inconsistent with the purpose and intent of public comment. He continued on to say that if an individual at the podium speaking as a public commentator violates this section of the Rules it is up to the President of Council to gavel them down and say that is offensive. Each person speaks through the chair about problems and issues relevant to City Government and if a person disagrees with what a previous citizen says and chooses to critique that or take exception implying a personal attack that can be construed to be a personal insult to the person who made the statement in the first place. If they disagree that would be insulting to the person who made the comment so based upon the first comment if a citizen responds to that and is not gaveled down then he thinks that no private citizen has the right to comment or take disagreement with it, which is insulting. Mr. Antalics urged the President of Council to gavel a citizen who reflects on another citizens comments construed as insulting. Mr. Antalics mentioned that where a comment is not fair or improper it leaves the impression with the community that the Administration or Council is right, and the citizen has no rebuttal because they have only one chance to speak during public comment. If Council or the Administration rebuts something that a citizen says and the citizen feels they are right then the citizen should have the right for a one minute rebuttal.

Tom Carroll, 248 E. Union Boulevard, expressed his concern about changing the order of the Meeting in Council’s Rules by starting it at the roll call and putting the Invocation and the Pledge of Allegiance before the actual Council Meeting. Advising he has done research on the matter, Mr. Carroll advised there have been a few cases that have gone through with no Supreme Court decisions on this issue but there seems to be one coming out of North Carolina that probably will make the Supreme Court soon. Mr. Carroll thought that saying there will be a prayer and the pledge but it will not be part of the Meeting so the City cannot be sued is disingenuous. Mr. Carroll stated that voting for the President of Council and Vice President of Council with a secret ballot is wrong. Mr. Carroll wondered if votes to fill vacant City Council seats or the Mayor’s seat would also follow that pattern under the new proposed rules. Mr. Carroll did not think that the liberties of a people will be secure when the transactions of their rulers may be concealed from them, and votes in public are needed for who they want to be representing them. Mr. Carroll, communicating that the real agenda may be to remove the American traditions from us, noted that every session of Congress since the very beginning of this Nation has begun with a prayer paid for by the taxpayers.

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