Council MInutes

BETHLEHEM CITY COUNCIL MEETING
Tuesday, January 17, 2012 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

Pastor Dale Miller, of First Baptist Church, offered the invocation which was followed by the pledge to the flag.

1. ROLL CALL

President Eric R. Evans called the meeting to order. Present were Jean Belinski, David T. DiGiacinto, Karen Dolan, Robert J. Donchez, Michael D. Recchiuti, J. William Reynolds, and Eric R. Evans, 7.

CITATIONS - Honoring Timothy Benner, Daryl Kulp, and Arthur Lotti

President Evans stated that the Citations honoring Timothy Benner, Daryl Kulp, and Arthur Lotti on the occasion of their retirement will be sent to them since they were unable to attend the Meeting this evening.

2. APPROVAL OF MINUTES

The Minutes of January 3, 2012 were approved.

3. PUBLIC COMMENT

Administrative Orders

Al Bernotas, 1004 Johnston Drive, commended Mayor Callahan for appointing people to the Zoning Hearing Board and the Planning Commission. He highlighted the fact that on the Zoning Hearing Board the Mayor has appointed a female. Mr. Bernotas also pointed out that on the City Planning Commission the Mayor has appointed another female, Olga Negron. Mr. Bernotas stated this is important because Ms. Negron is Hispanic and from the South Side. Mr. Bernotas observed it is important to pull in talent from around the City.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

5. COMMUNICATIONS

A. Director of Budget and Finance – Escrow Temporary Borrowing – General Fund

The Clerk read a memorandum dated January 4, 2012 from Mark W. Sivak, Director of Budget and Finance, to inform Council that $900,000 needed to be borrowed temporarily from the Escrow Fund by the General Fund to cover the first payroll of 2012. In the memo it was explained that, normally, water and sewer general fund charges would be taken for the first payroll. However, water and sewer did not have sufficient cash balances as of the date of the memo to allow general fund charges to be taken. The $900,000 will be paid back when the gaming money is received at the end of January.

President Evans referred the matter to the Finance Committee.
B. Rules of Council – Correction

The Clerk read a memorandum dated January 10, 2012 stating that Rule 6 E of Resolution 2011-214, passed on December 21, 2011 contains an error.

Rule 6 E which reads as follows:

Except for approval of Minutes and Adjournment, the vote taken upon every motion, Resolution or Ordinance shall be taken by roll call, and the yeas and nays shall be entered on the Minutes. No Council Member shall be excused from voting unless a conflict of interest, as defined by The Ethics Act, Act 93 of 1998, exists or other provisions of law prevent the Council Member from such vote. At each regular City Council Meeting, Members of Council shall vote on a rotating alphabetical basis; i.e., starting with the name of the first Member of Council in alphabetical order at the first Meeting; starting with the name of the second Member of Council in alphabetical order at the second Meeting, and so on for each regular City Council Meeting, and returning to the name of the first Member of Council in alphabetical order when the rotating alphabetical basis is completed for the [ seven ] Members of Council, and continuing on a rotating alphabetical basis. The presiding officer shall vote last on all questions and may take part in debate without leaving the Chair. Each Ordinance or Resolution shall be introduced in written or typewritten form and will not be discussed until signed by the Mover and Seconder.

shall be amended to read as follows:

Except for approval of Minutes and Adjournment, the vote taken upon every motion, Resolution or Ordinance shall be taken by roll call, and the yeas and nays shall be entered on the Minutes. No Council Member shall be excused from voting unless a conflict of interest, as defined by The Ethics Act, Act 93 of 1998, exists or other provisions of law prevent the Council Member from such vote. At each regular City Council Meeting, Members of Council shall vote on a rotating alphabetical basis; i.e., starting with the name of the first Member of Council in alphabetical order at the first Meeting; starting with the name of the second Member of Council in alphabetical order at the second Meeting, and so on for each regular City Council Meeting, and returning to the name of the first Member of Council in alphabetical order when the rotating alphabetical basis is completed for the Members of Council, and continuing on a rotating alphabetical basis. The presiding officer shall vote last on all questions and may take part in debate without leaving the Chair. Each Ordinance or Resolution shall be introduced in written or typewritten form and will not be discussed until signed by the Mover and Seconder.

President Evans stated that the Resolution will be listed on the February 7 Agenda.

C. Water Supply and Treatment Superintendent – Water Rate Increase

The Clerk read a memorandum dated January 12, 2012 from Jeffrey A. Andrews, Superintendent, Water Supply and Treatment, that stated on May 27, 2011 the City of Bethlehem filed a request with the Pennsylvania Public Utility Commission (PA PUC) for a rate increase for out-of-City customers calculated to produce $996,710 in additional revenue. The same rate schedule applied to inside-City customers was calculated to produce $1,761,451 in additional revenue. The overall increase in water revenue was calculated to be $2,758,162.

The Consumer Advocate (OCA) and Office of Small Business Advocate (OSBA) filed Public Statements, Notices of Appearance, and Formal Complaints against the proposed rate change, and the PA PUC Bureau of Investigation and Enforcement (BI&E) filed a Notice of Appearance. As a result of Mediation Sessions, the City, BI&E, OCA and OSBA, were able to agree on a proposed revenue increase and a rate design (Joint Petition For Settlement of Rate Investigation) to increase overall revenues, both inside- and outside-City, by $2,073,005, which amounts to a settlement revenue increase of $729,855 for outside-City customers and $1,343,150 for inside-City customers. The PA PUC rendered their approval of the Joint Petition for Settlement of Rate Investigation and the ALJ’s Recommended Decision at their December 15, 2011 meeting. The total bill for a residential customer using 15,000 gallons of water per quarter with a 5/8 x ¾ inch meter would increase from $74.69 to $84.29 per quarter, or by approximately 12.85%. The City also agreed that it will not propose any new water rate increase before June 28, 2013. The new in-City and out-of-City rates shall take effect on the date of approval of the Pennsylvania Public Utility Commission whose effective date is December 16, 2011.

President Evans stated that the Ordinance will be listed on the February 7 Agenda for First Reading.

D. Director of Water and Sewer Resources – PennVest Loan – Wastewater Treatment Plant

The Clerk read a memorandum dated January 12, 2012 from David L. Brong, Director of Water and Sewer Resources, that stated the City was awarded a PennVest loan on July 20, 2011 for $9,429,730 for the Upgrade of the Anaerobic Digesters and Waster Activated Sludge Thickening process at the Wastewater Treatment facility. City Council passed Resolution 2011-119 in support of the application and Resolution 2011-120 as a declaration of official intent to proceed. The settlement of the loan is planned for early April 2012. The Settlement requires Council to pass a debt ordinance committing the City to the debt service for the loan.

President Evans referred the matter to the Finance Committee, and stated that the Ordinance will be listed for First Reading on the February 7 Agenda.

E. Director of Water and Sewer Resources – Modifications to Article 927 – Sewer Rental

The Clerk read a memorandum dated January 12, 2012 from David L. Brong, Director of Water and Sewer Resources, to which was attached a proposed Ordinance amending Article 927 – Sewer Rental to implement the 2012 sewer rate increase of 17% as was discussed at the Budget Meeting in December 2011.

President Evans stated that the Ordinance will be listed on the February 7 Agenda for First Reading unless the Finance Committee wishes to review the matter.

President Evans asked the Clerk to read additional Communication 7 F.

F. Controller – Letter of Resignation

The Clerk read a letter dated January 13, 2012 from Meg Holland, Controller, that stated as of January 31, 2012 she is resigning her position as Controller for the City of Bethlehem.

President Evans stated that City Council will accept letters of interest and resumes to fill the vacancy of City Controller from residents of the City of Bethlehem by Tuesday, January 31, 2012.

6. REPORTS

A. President of Council

1. Committee Assignments – 2012-2013

President Evans announced the Committee Assignments for 2012-2013, as follows:

Community Development Committee:
David T. DiGiacinto – Chairman
Karen D. Dolan
Jean Belinski

Finance Committee:
J. William Reynolds, Chairman
Robert J. Donchez
Michael D. Recchiuti

Human Resources & Environment Committee:
Michael D. Recchiuti, Chairman
Jean Belinski
Karen D. Dolan

Parks and Public Property:
Karen D. Dolan, Chairwoman
Michael D. Recchiuti
J. William Reynolds

Public Safety Committee:
Robert J. Donchez, Chairman
David T. DiGiacinto
J. William Reynolds

Public Works Committee:
Jean Belinski, Chairwoman
David T. DiGiacinto
Robert J. Donchez

2. Lehigh Valley Planning Commission Representative – 2012

President Evans announced that Karen Dolan is the appointee for the year 2012 to represent the Cities of Bethlehem and Easton on the Lehigh Valley Planning Commission.

3. Council Liaisons and Appointees:

President Evans announced the following City Council Liaisons and Appointees:

Bethlehem Council of the Lehigh Valley Economic Development Corporation (LVEDC)
President Eric R. Evans - Appointee

Bethlehem Authority
Michael D. Recchiuti - Liaison

Bethlehem Housing Authority
Jean Belinski - Liaison

Bethlehem Marketing Council of the Chamber of Commerce - Tourism
J. William Reynolds - Liaison

Lehigh Valley Planning Commission
Karen Dolan - Appointee for the year 2012

Library Board
Robert J. Donchez – Appointee
J. William Reynolds – Appointee

Parking Authority
Michael D. Recchiuti - Liaison

Recreation Commission
Karen D. Dolan - City Council Appointee

Redevelopment Authority
David T. DiGiacinto - Liaison

Blighted Property Review Committee
David T. DiGiacinto - Appointee

Committee of the Whole

President Evans announced that City Council will meet as a Committee of the Whole on Tuesday, February 7 at 6:00 PM in Town Hall, before that evening’s City Council Meeting, to receive an update on SteelStacks from Jeff Parks, President of ArtsQuest.

B. Mayor

1. Administrative Order – Linda Shay Gardner – Zoning Hearing Board

Mayor Callahan appointed Linda Shay Gardner to membership on the Zoning Hearing Board, effective through December 2015. Mr. Donchez and Mr. DiGiacinto sponsored Resolution 2012-3 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

2. Administrative Order – James H. Schantz – Zoning Hearing Board

Mayor Callahan appointed James H. Schantz to membership on the Zoning Hearing Board, effective through December 2016. Mr. Donchez and Mr. DiGiacinto sponsored Resolution 2012-4 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

3. Administrative Order – Michael A. Santanasto –Zoning Hearing Board

Mayor Callahan appointed Michael A. Santanasto to membership on the Zoning Hearing Board, effective through January 2017. Mr. Donchez and Mr. DiGiacinto sponsored Resolution 2012-5 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

4. Administrative Order – Robert A. Melosky – City Planning Commission

Mayor Callahan appointed Robert A. Melosky to membership on the City Planning Commission, effective through March 2013. Mr. Donchez and Mr. Reynolds sponsored Resolution 2012-6 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

5. Administrative Order – Olga Negron – City Planning Commission

Mayor Callahan appointed Olga Negron to membership on the City Planning Commission, effective through October 2015. Mr. Donchez and Mr. Recchiuti sponsored Resolution 2012-7 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

6. Administrative Order – Vaughn C. Gower – Bethlehem Authority

Mayor Callahan reappointed Vaughn C. Gower to membership on the Bethlehem Authority, effective through January 2017. Mr. Donchez and Mr. Recchiuti sponsored Resolution 2012-8 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

7. Administrative Order – David Sanders – Bethlehem Housing Authority

Mayor Callahan reappointed David Sanders to membership on the Bethlehem Housing Authority, effective through January 2017. Mr. Donchez and Mr. Recchiuti sponsored Resolution 2012-9 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

8. Administrative Order – Dr. Sally Haggerty – Board of Health

Mayor Callahan reappointed Dr. Sally Haggerty to membership on the Board of Health, effective through January 2017. Mr. Donchez and Mr. DiGiacinto sponsored Resolution 2012-10 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

9. Administrative Order – Lee Cunningham – Codes Board of Appeals

Mayor Callahan reappointed Lee Cunningham to membership on the Codes Board of Appeals, effective through January 2017. Mr. Donchez and Mr. DiGiacinto sponsored Resolution 2012-11 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

10. Administrative Order – Richard J. Benner – Historical and Architectural Review Board

Mayor Callahan reappointed Richard J. Benner to membership on the Historical and Architectural Review Board, effective through January 2017. Mr. Donchez and Mr. Reynolds sponsored Resolution 2012-12 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

11. Administrative Order – Nancy Shelly – Historical and Architectural Review Board

Mayor Callahan reappointed Nancy Shelly to membership on the Historical and Architectural Review Board, effective through January 2017. Mr. Donchez and Mr. DiGiacinto sponsored Resolution 2012-13 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

7. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 41 – 2011 – Amending Ordinance 2010-49 – Tax Millage – Purpose

The Clerk read Bill No. 41 – 2011 – Amending Ordinance 2010-49 – Tax Millage – Purpose, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. Bill No. 41 - 2011, hereafter to be known as Ordinance 2012-1, was declared adopted.

B. Bill No. 42 – 2011 – Amending Ordinance 2011-18 – Tax For Public Safety

The Clerk read Bill No. 42 – 2011 – Amending Ordinance 2011-18 – Tax for Public Safety, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. Bill No. 42 - 2011, hereafter to be known as Ordinance 2012-2, was declared adopted.

8. NEW ORDINANCES

None.

9. RESOLUTIONS

A. Certificate of Appropriateness – Street Signs in Historic District

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution 2012-14 that approved a Certificate of Appropriateness to replace the existing street signs in the Historic District.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

B. Certificate of Appropriateness – 247 East Market Street

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution 2012-15 that approved a Certificate of Appropriateness to construct a second floor addition on the rear of the building and re-roof the house at 247 East Market Street.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

Adding Resolution 9 C

Mr. Donchez and Ms. Dolan moved to add Resolution 9 C to the Agenda. Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The motion passed.

C. Transfer of Funds – Treasurer’s Escrow Fund – Borrowing

Mr. Recchiuti and Mr. Reynolds sponsored Resolution 2012-16 that approved the previous transfer of $900,000 by the City Administration from the Treasurer’s Escrow Fund to the General Fund as required to fund the first payroll obligations of the City for 2012; and, that the $900,000 previously transferred shall be paid in full to the Treasurer’s Escrow Fund on or before January 31, 2012.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

10. NEW BUSINESS.

None.

11. PUBLIC COMMENT

Signs; Transfer from Escrow Account - $900,000

Robert Pfenning, 2830 Linden Street, pointed out that there is a Federal law about municipal road signs. Noting he does not know when this takes effect, Mr. Pfenning believed that it is a Federal requirement so that seniors can read the signs. Turning to Resolution 2012-16 concerning the transfer of $900,000 by the City Administration from the Treasurer’s Escrow Fund to the General Fund, Mr. Pfenning commented if the funds were short at the end of the year the City could call upon its unrestricted cash reserves to fund it. He pointed out that accounting standards at the County level require a two months unrestricted reserve to cover two months of operating expenses in the budget. Recalling that previously the Administration advised that the City’s Auditors stated it does not matter, Mr. Pfenning commented he thinks this is prudent. He highlighted the fact that the City does not have the cash so that is where the problem begins. The City does not have funds available for emergencies and shortages. Mr. Pfenning noted that in reading the letter and the press comments about this issue it seemed to him that he would have thought that the Administration could have known on Friday approximately how much cash the City would have the next Wednesday. He remarked that the Administration could have had better knowledge on Tuesday and come before Council with a Resolution asking for permission to transfer up to a certain amount of dollars, but that was not done. Referring to another reason he read that the computer system was updating for 2012, Mr. Pfenning wondered whether it could have been stopped for a few minutes to get a better reading on the morning of Tuesday, January 3, but that was not done. Mr. Pfenning observed that the transfer came forward on Wednesday and the Controller reminded the Administration that the Ordinance states it needs to be approved by Council. The Controller then advised that the Administration should let Council know. Mr. Pfenning wondered whether the Auditor will flag this as a violation of internal controls. Observing that the Ordinance was not followed and it has no teeth in it, Mr. Pfenning said if Council wishes they could put teeth into it. Mr. Pfenning suggested giving strong consideration to getting rid of the Ordinance because all it is doing is creating problems, and everyone seems comfortable with the fact that this can be done by tradition.

City Council - Code of Conduct

Bill Scheirer, 1890 Eaton Avenue, talked about the local government in Appleton, Wisconsin where he visited recently. Mr. Scheirer, advising there are 16 Council Members in Appleton, stated there is electronic voting and a screen for the audience. Pointing out that the City has a code of conduct, Mr. Scheirer read it. Mr. Scheirer added that the Mayor of Appleton told him if anytime someone gets rambunctious he has to say nothing, and another Member of Council will remind them of the code of conduct.

Robert Pfenning; Invocations

Steve Antalics, 737 Ridge Street, communicated that he is impressed with Mr. Pfenning’s ability to be a watchdog and hoped he continues to come to meetings. Referring to an NPR commentary on Invocations, Mr. Antalics said the primary purpose of an Invocation is the act of petitioning for help or support for an act of legal or moral implementation, and the second is a prayer at the beginning of a service of worship. Mr. Antalics questioned why not have an academic, a lawyer, or someone from another walk of life give the Invocations at City Council Meetings that would fit the basic definition of an Invocation. Mr. Antalics, noting that this evening the individual giving the Invocation used the word Lord, said in the interest of sensitivity to those who profess a different faith or no faith at all it is owed to them not to put them at ill ease or embarrass them.

Vendor Issues

Tina Kowalski, merchant at the corner of New and Fourth Streets, advised that she has pictures of the vendor and distributed them to the Members of Council. Ms. Kowalski stated she is at the Meeting this evening concerning the enforcement of the Ordinance with regards to the push cart vendor. Ms. Kowalski related that in the past two years the vendor has broken every regulation of the ordinance from signage, to hours of operation, to nights of operation, to having coolers, a canopy tent, and propane heaters. He is parking on the street and not getting any tickets yet nothing has been done to keep the vendor in line with the Ordinance. Ms. Kowalski stated that Council and the Committee encourage the vendor by allowing him to do whatever he pleases. In the past several months the vendor has started operating in front of food establishments without a permit, on different nights of the week and all hours of the night. The vendor clearly knows that he is breaking the Ordinance regulations but he knows he can get away with it because nothing is being done to stop him. There is no enforcement and Council is passing the buck on to the Police and to the merchants. The Police have warned the vendor over and over but nothing else has been done. Ms. Kowalski informed the assembly that even with warnings the vendor continues to operate illegally, he shows no respect for the Ordinance, Council, or the Committee who gave him all of these privileges. She added that the vendor also shows no respect for the Police or the merchants. Ms. Kowalski pointed out that now the vendor is applying for a permit to operate from 2:30 a.m. to whenever in front of a food establishment knowing that there is another eatery next to it. Ms. Kowalski, expressing the hope that Council does not allow this to happen, asserted it is wrong to allow the vendor to operate next to a food establishment that is open 24/7. She continued on to stress that this is not fair to the merchant who has worked so hard to establish the business, create jobs, and pay taxes. Ms. Kowalski exclaimed that the merchants and residents have put up with enough, and this needs to stop. She stated that the merchants and City Council worked hard to get an Ordinance in place only to have it be ignored. Ms. Kowalski remarked that if the vendor set up on Main Street with all of his coolers, umbrella, canopy tent and propane heaters it would be a different story. There would be so much enforcement the vendor would not know how to act. She felt that Members of City Council and the Committee do not care about the South Side Business District. Ms. Kowalski stated that, on behalf of the merchants on the South Side Business District, she is begging that the Historic Society and Mayor Callahan do something to stop this. She communicated that the Ordinance has specific rules and regulations that should be adhered to.

Budget Matters

Chuck Nyul, 1966 Pinehurst Road, affirmed that before the Meeting he passed out graphics stating some figures in the 2011 budget compared to the 2012 budget in reference to overtime and temporary help. Remarking that for overtime there is quite a bit of money, Mr. Nyul felt it needs to be explained how this money will be spent or where it will come from. Referring to comments that the City will be 100% reimbursed by ArtsQuest, Mr. Nyul pointed out that in the December 25, 2011 edition of the Morning Call, Jeff Parks of ArtsQuest advised that Musikfest 2011 lost $750,000. Mr. Nyul questioned who will now pay the bills, and who will pay the 100% of the overtime. Mr. Nyul said this year the overtime will be $1.7 million including, Police, Fire, etc. and temporary help is $2.1 million. Mr. Nyul remarked that from the host fee the citizens have gotten nothing, but money is spent like it can be just printed. Stressing it is almost $4 million, Mr. Nyul said he would like an answer. Mr. Nyul asserted that $2 million could easily be taken out of the $9.3 million host fee, and just have the taxpayers pay $200 less in City tax. Mr. Nyul expressed the hope that something different can be done because he sees this City as being in trouble.

Various

Dana Grubb, 2420 Henderson Place, thanked the appointees for making the time and effort to come to the Meeting this evening. Turning to the closing of the Dewberry Fire Station, Mr. Grubb recalled he had mentioned that he had spoken to representatives of the insurance industry about the potential impact on homeowners and renters insurance policies. He is in the process of trying to determine why he has a 13.8% increase on his renters insurance this year. He hoped it is not because the fire house was closed. Referring to comments about enforcement of City Ordinances, Mr. Grubb expressed his agreement and stated it is one thing to pass a law but it is another to enforce it. Mr. Grubb thought the Administration and City Council owe it to the residents of the community to ensure that when the effort is made to create legislation they also enforce those laws. Focusing on the $900,000 that was needed for the first payroll, Mr. Grubb did not think there is a person in the room who would debate the need to make the cash available. He noted that Mr. Pfenning had mentioned creating a rainy day fund of two months but late last year there was an excess in the casino host fee of $475,000 which was made available for the Administration to use because the City had a cash need. Pointing out the Administration indicated there was an $800,000 surplus at the end of the year, Mr. Grubb thought it would have been better to take the $475,000 to start to build a rainy day fund, and stressed it is time to begin looking at doing this. Mr. Grubb, stressing that Council needs to take the laws seriously, said the end does not justify breaking the law.

The meeting was adjourned at 7:55 p.m.