Bethlehem Council MInutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Wednesday, December 5, 2012 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

The Reverend Mariclaire Partee, Cathedral Church of the Nativity, offered the invocation which was followed by the pledge to the flag.

1. ROLL CALL

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

2. APPROVAL OF MINUTES

The Minutes of November 20, 2012 were approved.

3. PUBLIC COMMENT

President Evans informed the assembly that under the first Public Comment he will recognize those who wish to speak on issues related to the Proposed 2013 Budget, including Contract Hauling and Public Safety related matters, since motions will be made to consider the Proposed 2013 Budget Ordinances under New Ordinances. President Evans announced that he will also accept a motion later to add to the Agenda a Resolution Supporting Financial Contributions from Non-Profits.

Proposed 2013 Budget – Police Department

Mike Stauffer, 909 Cayuga Street, said he was shocked a few days ago to see in the newspaper that there was a consideration to possibly make cuts to the Police Department. Mr. Stauffer expressed that when he moved here 30 years ago although Bethlehem was a City it had the feel of a town. Mr. Stauffer, noting other people agreed with him, communicated that Bethlehem was the type of City where one would feel safe to walk around at 10:00 PM. Mr. Stauffer remarked that in the past few years things have changed, and he has seen a shift. Mr. Stauffer found it ironic that a few days after reading about possibly cutting back on the Police Force there was a major shooting on the South Side, but he pointed out the incident occurred at 2:30 AM coming out of a club, the Police responded heroically and brought the situation under control. Mr. Stauffer highlighted the fact that the Officers directly put their lives on the line and he cannot imagine being a family member of a Police Officer knowing that they will be out at night responding to a crisis like this and not having every resource available to them. Mr. Stauffer stressed that if anything the City should consider adding to the Police Force but in no way should consider cutting back on it. He remarked these are the streets where our children play and the basic role of Government is the protection of its citizens. While pointing out that things like economic development and putting stars in the street are good, Mr. Stauffer stated the core purpose of the government is protection of the citizens. Mr. Stauffer, adding that on the way to this meeting he saw two Police Officers responding to what appeared to be a DUI call, said he would hate to think they would respond to something like that and not have a backup because of a budget cut. Mr. Stauffer thought the Police Department should be untouchable. Acknowledging he does not like taxes or tax increases, Mr. Stauffer said, however, he will go for anything it takes to ensure that the Police Force does not get cut and he hoped it would be increased. Mr. Stauffer stated he wants to be able to go out for a walk at 10:00 PM with his wife and not have to worry about safety.

Garbage Collection - Independent Haulers versus Single Hauling Contract

Attorney Blake Marles, 190 Broadhead Road, advised he is at the Meeting on behalf of Sterner Sanitation. Noting that as part of the Proposed 2013 Budget discussion there has been talk of supplementing the Budget with Administrative fees relating to a single trash hauler, Attorney Marles said that is why he is at the Council Meeting tonight. Attorney Marles expressed the hope that Council will not be grinches to the 150 people who provide waste services in the City because they will lose their jobs if this action is taken. Stating that the independent hauler certainly understands the issues that have been raised in these discussions, Attorney Marles affirmed he sent a letter through email today to the Members of Council and brought extra copies along with him. Attorney Marles, remarking that Sterner Sanitation is one of the largest haulers, said they have sat down and tried to come up with ways to assist the City in addressing at least some of the issues that have been identified in the discussion. Attorney Marles pointed out that the letter he sent to City Council identifies some of those things, one of which is that the Mayor apparently has indicated that he has negotiated a tipping fee which is much less than any current private hauler is able to get from landfills. Attorney Marles stated if that benefit was passed through to all haulers who haul in Bethlehem for the trash that is brought in from Bethlehem it not only would be a substantial savings to the City residents and the total waste fee but there could be a premium placed on that in terms of the tipping fee and pick up some of the revenue the City is looking at and everyone would benefit. The City would get more revenue and the individual residents would pay less for their trash. Attorney Marles explained another possibility is legislating the various parts of the City when trash can be picked up. Attorney Marles noted one of the concerns raised was that each hauler asks residents to set trash out on a different night so there is always trash somewhere on the street. He observed that the City could legislate the nights when the trash is to be picked up to solve that problem, and that is something the individual haulers would have to deal with. Attorney Marles acknowledged the various areas for trash pickup would have to be zoned by the City to do this. Attorney Marles reported that revenue could be enhanced by being very aggressive in the collection process. Advising he does sit on the other side of the table at meetings and knows there are always opportunities, Attorney Marles said even in this economy there is a lot of money sitting out there that has not been collected. Attorney Marles continued to say that haulers could be encouraged in terms of benefit to the residents to establish rate differentials for normal and customary pickup. There are seniors and single person households that pay rates that generally are the same rate as other haulers. He pointed out that with a single hauler system everyone will have to pay the same no matter how much trash they put out because unless it is done on a bag system there is no way the hauler knows who is to pay what, and that personal touch would be lost. Attorney Marles stressed that if you will get the benefits of the cost from a big hauler you will end up with either a bag system, which is cumbersome for people or the uniform collection bin process where every resident will have to bring trash out to the curb and if it is not in the bin it will not get picked up. There would not be the service currently available from the smaller haulers. Attorney Marles, stating that for the smaller haulers this is an existential threat, said the haulers will go out of business, even those that serve other communities because some have a lot of accounts in Bethlehem. If the residential accounts go away they do not have a source of livelihood and they will have to fight because they do not have a choice. There are 150 people who are currently employed by these haulers who will lose their jobs if the proposal suggested by the Mayor is implemented. Attorney Marles noted that if anyone else would like a copy of his letter he will be happy to provide it.

President Evans confirmed that the letter from Attorney Marles did come in an email late today but not everyone had the opportunity to see it.
Scott Feist, 161 Longenbach Avenue, Nazareth, with Symons Sanitation, handed out photographs he had taken recently when he was in Allentown in response to photographs of garbage in Bethlehem that were shown last week. Mr. Feist said the pictures of the garbage in Bethlehem did not have anything to do with contract hauling or the lack thereof, but rather with irresponsible landlords, tenants, and homeowners. Mr. Feist thought this is something that can be addressed together more effectively than apart. Mr. Feist expressed that one of the things to do is to increase communication with the Health Department and open doors and dialogue instead of putting up walls. Observing it is more the economic and financial issue for the City right now, Mr. Feist communicated that there are a number of ways the haulers and the City can work together to satisfy the residents, please City Council, and help the budget. Mr. Feist suggested this can be discussed anytime providing that the lines of communication are open. Mr. Feist continued on to say the haulers are lucky to have the customers they have and the support that they give, in addition to the business and professional people who understand the lasting negative impact this could have on the City. Mr. Feist stated that Bethlehem has a better quality of life because of the things it does differently and not the things done that are the same as everywhere else. Mr. Feist urged City Council to look at all of the effects and harms of the single hauler issue, and restated that he hopes for open dialogue to help with the budget and keep everyone happy.
Don MacRae, 418 High Street, noted that he was at the last budget meeting when the idea of the single hauler was discussed in detail. Mr. MacRae pointed out that on the homepage of the City of Bethlehem website the single trash hauler was being touted as 65% approved by the residents, 85% of the communities have this in the Lehigh Valley, and there would be a $110 savings per household. Mr. MacRae informed the assembly that the 65% mentioned has not been normalized that means it has not been weighted based on who is really enthusiastic about one side of the issue or the other. Mr. MacRae remarked that the 85% does not meet his parental approval in that just because everyone does it does not mean everyone should do it. He stated that Bethlehem has a unique position in being ahead of the curve and out front in trash collection. Mr. MacRae stated that independent haulers are supported by both political parties, that the government should stay out of people’s lives, and that the middle class small businesses are the backbone of the United States economy. Focusing on the $110 savings outlined at the Budget Hearing on November 27, 2012, Mr. MacRae said based on a national average amount of trash, with a landfill fee of $55 per ton, landfill costs at 1/3 of the total, a $60 recycle fee, and a $50 administrative fee, it totals $300 per year cost for trash compared with what it would be with a regular hauler of about $410, or a $110 savings by going with a single contract hauler. Mr. MacRae remarked that based on the U. S. Environmental Protection Agency trash data the savings would not be $110 but only $50. He pointed out there are trash haulers who charge not on a fixed month basis which is what the City used but on a bag rate, there are 4 coupons per bag, and others had 3 coupons per bag. A 4 bag every two weeks is about $100 yearly which is $200 less than the proposed contract trash hauler for the City. With 3 bags it would be $150 every week. Mr. MacRae stressed that to have a low bid hauler such as Waste Management would be to outsource the City’s trash collection and would be a loss to Bethlehem’s local economy. Mr. MacRae pointed out that Waste Management distributes almost all of its earnings as stockholder dividends of about 5% which do not remain in Bethlehem unless of course someone is a shareholder spending the dividends in Bethlehem. Mr. MacRae added that if someone has a complaint about services and speaks to a Waste Management representative, the headquarters is in Texas. Observing that the estimate from the City including the administrative fee of $50 paid by 24,000 households equates $1.2 million, Mr. MacRae assumed that this fee is part of the City budget balancing act. Denoting that at the meeting of November 27 the Administration showed a loop of photographs of abandoned trash, Mr. MacRae pointed out that the disposal of abandoned trash is not the responsibility of the collective households but is the responsibility of the property owner. Stressing there are ordinances for this and the Administration indicated that they are unworkable, Mr. MacRae said perhaps updated ordinances are needed, and added this can be done with on the spot citations as is done with the Parking Authority. Continuing on to say that the proposal is not a one size fits all system, Mr. MacRae explained the claim that a single hauler would do the most good for the most people is not proven and punishes the innocent. He believed that a single hauler plan is totally unfounded.

Bill No. 44 – 2012 – Amending Zoning Ordinance – Article 1304.04 – Reuse of Corner Commercial
Uses Allowed in RT and RG Districts; Garbage Collection - Independent Haulers versus Single Hauling Contract

Beall Fowler, 443 Center Street, noting that the Agenda includes Bill No. 44, the amendment of Article 1304.04 regarding the reuse of corner commercial uses, said he is glad to see this is being considered. He urged Council to vote in favor of the Ordinance. Mr. Fowler observed that the issue of trash is very emotional, and it seemed to him that there might be another way to look at this. Mr. Fowler has found that when one has to make tough decisions to change things it is useful to assume that the contrary is the case so he made up a scenario with a different Mayor of Bethlehem, and with Bethlehem adopting the single contract hauler system that has been in effect for several years. When that Mayor comes before Council, he says the system is okay but it is taking away the freedom of the citizens and believes the single trash hauler system should be eliminated. The new Mayor realizes that some of the amenities such as picking up of yard waste and large items will be eliminated as well. Mr. Fowler thought about this and wondered the fate of this new Mayor and how long he would be Mayor and suspected not very long. Mr. Fowler, commenting that he has heard arguments both ways, sympathized with the small business people. But, he said if individual hauling is such a great idea he does not see why other communities are getting rid of their uniform system and going to it. Mr. Fowler wondered if anyone came to Bethlehem to learn how it handles trash and take it back to their communities and say that they have contract hauling and it is a bad idea and we need to give our citizens the freedom to choose. Mr. Fowler thought the City needs to think about this very carefully and make the decision in the long run that is the best for the community.

Supporting Financial Contribution from Non-Profits

Stephen Antalics, 737 Ridge Street, addressing Resolution 9 K to be added to the Agenda concerning financial contributions from non-profits, questioned why the City wants this now. He thought the City should look at all of the non-profits and not just a few, including Channel 39 and ArtsQuest because they use City services. Mr. Antalics wondered if the reason for considering this now is because there is a budget deficit that is going to be settled by having non-profits donate to the deficit. Asserting that a budget is something to live by, Mr. Antalics said if at the end of the budget time there is not enough money then something should be given up. Mr. Antalics pointed out that a respectable family will not run a deficit budget. Mr. Antalics expressed his opinion that budget deficits were created by mismanagement of the Administration by using political loopholes to not pay monies, such as not paying for healthcare payments, and putting it off year to year. Observing if they were paid it might require a tax increase, Mr. Antalics remarked when someone is running for office they do not want to say there will be a tax increase. Eventually, Mr. Antalics asserted it has to happen and that is what is happening now. Mr. Antalics noted that because of mismanagement the City now needs to lean on the non-profits and he did not think this is fair. He asserted that the people who established this deficit need to be held responsible. Adding that some of these non-profits perform a service, Mr. Antalics queried what dollar value can be put on Lehigh University for its contributions of its faculty and its student staff and graduate students to help the South Side schools. They could bring in consultants at thousands of dollars a head but they do not because Lehigh does it free of charge. Stressing that the money is not seen but the children of the South Side benefit, Mr. Antalics pointed out now the City is asking Lehigh to put money in beyond that, and they might say they will charge for the services they give to the children. Mr. Antalics restated that the City should not lean on the non-profits because they do give a service.

Independent Haulers versus Single Hauling Contract; Library Board

Bill Scheirer, 1890 Eaton Avenue, informed the assembly that his 958 word article on trash was published in the Bethlehem Press today. He tried to include the most relevant pluses and minuses of a single hauler system. Mr. Scheirer stated that he has appreciated his service on the Board of Trustees of the Library system, and his term has been a pleasure.

Independent Haulers versus Single Hauling Contract

Andrew Prickler, 1843 Willow Park Road, owner/operator of a hauling and waste disposal company, said he works for the City also. Commenting he is fully aware of the budget problems facing the City, noted there is equipment in the City’s parts department that needs to be replaced. Mr. Prickler congratulated Ralph Carp, Director of Parks and Public Property, on the success of a CI event because it saved money and time, when formerly much time was spent trying to find parts buried in junk that should have been thrown out years ago. However, Mr. Prickler stressed that as the owner of a business he does not want the government taking his livelihood away from him because the City cannot balance the budget. Mr. Prickler highlighted the fact that this issue with trash has been going on for years. Asserting that the City sold the landfill because it could not run the landfill, Mr. Prickler said if the City is going to lose money on recycling then why not get rid of recycling. He stressed that 1,000 tractor trailers a month are going to the landfill that the City does not own anymore. Mr. Prickler informed the assembly that he takes recyclables weekly for his customers in the townships free of charge versus the City’s charge of $60 a year. In view of the 24,000 households in the City, Mr. Prickler remarked there is about $1.4 million of savings because they would not have to be billed $60 a year for recycling. Observing that is an option, Mr. Prickler said he is sure some of the other haulers would support it, if that is what it takes. Mr. Prickler asserted that the survey that was done for the City is flawed since the questions were worded in a way that the City would get a certain response. Restating that the issue of trash has been talked about for years, Mr. Prickler recalled that the heaviest debate took place under the Administration of Mayor Ken Smith. Referring to discussions about trash trucks driven in alleys, Mr. Prickler said most of those alleys have not been paved in years. Turning to talk about trash trucks knocking down trees, Mr. Prickler said the property owners need to maintain them a safe distance back. Referring to comments about budget cuts, Mr. Prickler stressed he would hate to see the Police Department cut back and lose any financing, and said he likes to see the patrols out on the street.

Joe Long, 2117 Montgomery Street, advised that he favors the single hauler system because it will guarantee trash service for each residential housing unit in the City, and it will cut down on illegal dumping. Mr. Long, commenting that not every household has a trash hauler in the City, said he is aware of individuals taking their trash and dumping it illegally in large bins and containers at various commercial sites throughout the City. Mr. Long advised that he currently pays $32 a month for service and that comes to $384 annually. With the recycling fee at $15 per quarter or $60 annually his annual cost totals $444. Mr. Long believed with a single hauler his cost would decrease by $150 to $160 dollars per year. Mr. Long, explaining that he is retired, said he does not anticipate any major or minor increase in his income anytime soon, so it makes sense for him to cut expenses wherever he can. He stated that with all of the citizens of Bethlehem participating in this process we can collectively decrease the cost to each of us individually. He commented that it makes sense economically to have a single hauler in the City of Bethlehem. Mr. Long remarked that outlying cities, such as the City of Allentown, have two pickups a week for less than what he is paying today. He continued on to say with a single hauler there will not be a multitude of trucks tearing up alleys because some days there are as many as 5 or 6 different companies up and down the alleys and streets. Mr. Long added that with zoned pickups in the City, it will protect the infrastructure, roads, and alleys, and it will lessen carbon emissions into the atmosphere. Mr. Long encouraged Council to support the single hauler initiative.
Independent Haulers versus Single Hauling Contract; Proposed 2013 Budget – Police Department
Karen Yob, 1885 Bayard Street, advised that the trash hauler she uses is an individual who has been in Bethlehem for a very long time and owns a family business. Ms. Yob said she knows that in this economic time to not have individuals employed is a very difficult thing so any initiative that would cause any unemployment she cannot imagine would be beneficial to Bethlehem. The trash hauler that she uses is Strohl Sanitation and five members of their family are employed through their business. Ms. Yob stressed she cannot imagine what would occur in their family if they no longer had the business. Ms. Yob, while expressing she understands the difficulty of the budget and that something has to give, stressed she cannot imagine anything that would cause further unemployment in Bethlehem would be of any value to the City. Acknowledging there are many trash trucks up and down the street and any given night there is trash out, Ms. Yob asked citizens not to be annoyed by the inconvenience, but rather say that is employment, someone got up today and they had a job. Ms. Yob added there are UPS trucks and mail trucks up and down her street every day and she can look at that as an inconvenience but that is trivial compared to the fact that unemployment is far more inconvenient than a truck on her street. Ms. Yob observed that in the aftermath of the hurricane her garbage day was Monday and her recycling day was Tuesday. She understood that none of those events could have occurred, but pointed out that in the weeks that followed her trash hauler came by three times and made extra pickups but her recycling overflowed for weeks as did her neighbors’. Ms. Yob remarked that her neighborhood looked trashy, the residents could not get a direct answer, and no one came by to pick up recycling. Ms. Yob stated she is not impressed by a single hauling system. She added there are also still leaves in her neighborhood that have not been picked up. Ms. Yob remarked that she is not bashing anyone but she just wanted to say that her trash hauler made the effort to come by to do his job over and over again because a small business has to prove that there is value to it. Ms. Yob, advising she is very much for individual choice, said she can make arrangements with her garbage man when she has extra bags, and she does not have to make a phone call. While expressing her understanding that there are budget cuts, Ms. Yob stressed there should be no cuts in the Police Department, she wants to be able to go out and be safe, and have her kids safe. She has watched Police Officers in her children’s Elementary School and Middle School, and now she sees Police Officers not being able to go into the High School. Ms. Yob stated the Police Department should be added to and not deleted from. Ms. Yob said she wants to open her door and take a walk without being worried. As an average citizen, Ms. Yob expressed that she cares about her trash and her Police.
4. OLD BUSINESS.

A. Old Business – Members of Council

Motion - Renew Consideration of Bill No. 31 – 2012 – Adopting 2013 General Fund Budget

President Evans stated that he will accept a motion and a second to Renew the consideration of Bill No. 31 – 2012, Adopting the 2013 General Fund Budget, on First Reading. Bill No. 31 – 2012 failed on First Reading at the November 20, 2012 City Council Meeting.

Ms. Dolan and Mr. Recchiuti moved to Renew the consideration of Bill No. 31 – 2012, Adopting the 2013 General Fund Budget, on First Reading.

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

President Evans advised that Bill No. 31 – 2012, Adopting the 2013 General Fund Budget, on First Reading will be considered under Agenda Item 8, New Ordinances.

B. Tabled Items

President Evans stated that under Agenda Item 8, New Ordinances, he will accept a motion to take from the Table Bill Nos. 32 through 41 – 2012 that were Tabled on First Reading at the November 20, 2012 City Council Meeting.

C. Unfinished Business

None.

5. COMMUNICATIONS

A. Intermunicipal Liquor License Transfer – Twisted Olive, Inc. – 51 West Broad Street

The Clerk read a letter dated November 28, 2012 from Attorney Paul J. Harak, representing Twisted Olive, Inc., requesting an Intermunicipal Liquor License Transfer from Tadros Enterprises, Inc., formerly trading as Martin’s Creek Inn, 6618 South Delaware Drive, Martins Creek, Lower Mt. Bethel, Northampton County, Pennsylvania, to Twisted Olive, Inc., 51 West Broad Street, Bethlehem, Northampton County, Pennsylvania.

Scheduling Public Hearing

Mr. Donchez and Ms. Dolan moved to schedule a Public Hearing on Thursday, December 20, 2012 at 7:00 PM in Town Hall.

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

President Evans stated that the Resolution will also be listed on the City Council Agenda of Thursday, December 20, 2012.

6. REPORTS

A. President of Council

1. Councilmanic Appointment – Jack Gambino – Environmental Advisory Council

President Evans reappointed Jack Gambino to membership on the Environmental Advisory Council, effective until January 2016. Mr. Recchiuti and Ms. Dolan sponsored Resolution 2012-187 to confirm the appointment.

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

2. Councilmanic Appointment – R. Michael Topping – Environmental Advisory Council

President Evans reappointed R. Michael Topping to membership on the Environmental Advisory Council, effective until January 2016. Mr. Recchiuti and Ms. Dolan sponsored Resolution 2012-188 to confirm the appointment.

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

3. Councilmanic Appointment – George Yasko – Environmental Advisory Council

President Evans reappointed George Yasko to membership on the Environmental Advisory Council, effective until January 2016. Mr. Recchiuti and Ms. Dolan sponsored Resolution 2012-189 to confirm the appointment.

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

4. Councilmanic Appointment – Robert Cohen – Library Board

President Evans appointed Robert Cohen to membership on the Library Board, effective until January 2016. Mr. Recchiuti and Ms. Dolan sponsored Resolution 2012-190 to confirm the appointment.

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

5. Councilmanic Appointment – Sharon Yoshida – Library Board

President Evans appointed Sharon Yoshida to membership on the Library Board, effective until January 2016. Mr. Recchiuti and Ms. Dolan sponsored Resolution 2012-191 to confirm the appointment

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

B. Mayor

1. Administrative Order – Jessica L. Lee – Fine Arts Commission

Mayor Callahan reappointed Jessica L. Lee to membership on the Fine Arts Commission effective through December 2015. Mr. Recchiuti and Ms. Dolan sponsored Resolution 2012-192 to confirm the appointment.

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

7. ORDINANCES FOR FINAL READING

None.

8. NEW ORDINANCES

A. Bill No. 31 – 2012 – Adopting the 2013 General Fund Budget

Affirming there was a motion adopted earlier to Renew the consideration of Bill No. 31 – 2012, Adopting the 2013 General Fund Budget on First Reading, President Evans asked the Clerk to read Bill No. 31 – 2012 on First Reading.

The Clerk read Bill No. 31 – 2012 – Adopting the 2013 General Fund Budget, sponsored by Mr. Recchiuti and Mr. Reynolds and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE GENERAL FUND BUDGET FOR 2013.

Ms. Dolan asked Attorney Spadoni to explain what it means when a vote is made without prejudice. Christopher Spadoni, City Council Solicitor, confirmed that the Third Class City Code requires all Ordinances to be read twice. Attorney Spadoni explained that any vote made is without prejudice to any other vote. Attorney Spadoni further stated that no Member of Council is ever bound by either voting yes or no the first time on First Reading, and they can vote the other way the second time on Final Reading. Ms. Dolan asked what happens with the Budget process if an Ordinance fails on First Reading. Attorney Spadoni advised that City Council is required under Third Class City Code to adopt a Budget by December 31. Attorney Spadoni recalled that, on occasion, City Council had to meet the last week of December to vote on the Budget on Final Reading. Attorney Spadoni, expressing the hope that does not happen, pointed out if that situation arises he would have to confer with President Evans about calling a special meeting to meet Council’s obligations under the Third Class City Code.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Ms. Dolan, and Mr. Evans, 6. Voting NAY: Mr. DiGiacinto, 1. Bill No. 31 – 2012 was declared passed on First Reading.

Motion – Taking from the Table Bill No. 32 – 2012 through Bill No. 41 – 2012

Ms. Dolan and Mr. Reynolds moved to Take from the Table Agenda Items 8 A through 8 J, Bill No. 32 – 2012 through Bill No. 41 – 2012.

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

B. Bill No. 32 – 2012 – Adopting the 2013 Water Fund Budget

The Clerk read Bill No. 32 – 2011 – Adopting the 2012 Water Fund Budget, sponsored by Mr. Recchiuti and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA,
ADOPTING THE WATER FUND BUDGET FOR 2013.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Ms. Dolan, and Mr. Evans, 5. Voting NAY: Mrs. Belinski, and Mr. DiGiacinto, 2. Bill No. 32 – 2012 was declared passed on First Reading.

C. Bill No. 33 – 2012 – Adopting the 2013 Sewer Fund Budget

The Clerk read Bill No. 33 – 2012 – Adopting the 2013 Sewer Fund Budget, sponsored by Mr. Recchiuti and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA,
ADOPTING THE SEWER FUND BUDGET FOR 2013.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. Voting NAY: Mrs. Belinski, 1. Bill No. 33 – 2012 was declared passed on First Reading.

D. Bill No. 34 – 2012 – Adopting the 2013 Golf Course Enterprise Fund Budget

The Clerk read Bill No. 34 – 2012 – Adopting the 2013 Golf Course Enterprise Fund Budget, sponsored by Mr. Recchiuti and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE GOLF COURSE ENTERPRISE FUND BUDGET FOR 2013.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. Voting NAY: Mrs. Belinski, 1. Bill No. 34 – 2012 was declared passed on First Reading.

E. Bill No. 35 – 2012 – Adopting the 2013 Liquid Fuels Fund Budget

The Clerk read Bill No. 35 – 2012 – Adopting the 2013 Liquid Fuels Fund Budget, sponsored by Mr. Recchiuti and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE LIQUID FUELS FUND BUDGET FOR 2013.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. Voting NAY: Mrs. Belinski, 1. Bill No. 35 – 2012 was declared passed on First Reading.

F. Bill No. 36 – 2012 – Adopting the 2013 Capital Budget for Non-Utilities

The Clerk read Bill No. 36 – 2012 – Adopting the 2013 Capital Budget for Non-Utilities, sponsored by Mr. Recchiuti and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE 2013 CAPITAL BUDGET FOR NON-UTILITIES.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Ms. Dolan, and Mr. Evans, 5. Voting NAY: Mrs. Belinski, and Mr. DiGiacinto, 2. Bill No. 36 – 2012 was declared passed on First Reading.

G. Bill No. 37 – 2012 – Adopting the 2013 Capital Budget for Water Utilities

The Clerk read Bill No. 37 – 2012, Adopting the 2013 Capital Budget for Water Utilities, sponsored by Mr. Recchiuti and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE 2013 CAPITAL BUDGET FOR WATER UTILITIES.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Ms. Dolan, and Mr. Evans, 5. Voting NAY: Mrs. Belinski, and Mr. DiGiacinto, 2. Bill No. 37 – 2012 was declared passed on First Reading.

H. Bill No. 38 – 2012 – Adopting the 2013 Capital Budget for Sewer Utilities

The Clerk read Bill No. 38 – 2012 – Adopting the 2013 Capital Budget for Sewer Utilities, sponsored by Mr. Recchiuti and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE 2013 CAPITAL BUDGET FOR SEWER UTILITIES.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. Voting NAY: Mrs. Belinski, 1. Bill No. 38 – 2012 was declared passed on First Reading.

I. Bill No. 39 – 2012 – Adopting the 2013 Community Development Budget

The Clerk read Bill No. 39 – 2012 – Adopting the 2013 Community Development Budget, sponsored by Mr. Recchiuti and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE COMMUNITY DEVELOPMENT BUDGET FOR 2013.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Ms. Dolan, and Mr. Evans, 5. Voting NAY: Mrs. Belinski, and Mr. DiGiacinto, 2. Bill No. 39 – 2012 was declared passed on First Reading.

J. Bill No. 40 – 2012 – Adopting the 2013 9-1-1 Fund Budget

The Clerk read Bill No. 40 – 2012 – Adopting the 2013 9-1-1 Fund Budget, sponsored by Mr. Recchiuti and Mr. Donchez, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE 9-1-1 FUND BUDGET FOR 2013.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. Voting NAY: Mrs. Belinski, 1. Bill No. 40 – 2012 was declared passed on First Reading.

K. Bill No. 41 – 2012 – Fixing the 2013 Tax Rate for All City Purposes

The Clerk read Bill No. 41 – 2012 – Fixing the 2013 Tax Rate for All City Purposes, sponsored by Mr. Recchiuti and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, FIXING THE
TAX RATE FOR ALL CITY PURPOSES FOR THE YEAR 2013.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Ms. Dolan, and Mr. Evans, 5. Voting NAY: Mrs. Belinski, and Mr. DiGiacinto, 2. Bill No. 41 – 2012 was declared passed on First Reading.

K. Bill No. 42 - 2012 – Amending Article 1703 – Electrical Licenses

The Clerk read Bill No. 42 – 2012 – Amending Article 1703 – Electrical Licenses, sponsored by Mr. DiGiacinto and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 1703 OF THE CODIFIED ORDINANCES
ENTITLED REQUIREMENTS AND QUALIFICATIONS TO
OBTAIN LICENSING TO PERFORM ELECTRICAL WORK
WITHIN THE CITY OF BETHLEHEM.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 42 – 2012 was declared passed on First Reading.

L. Bill No. 43 – 2012 – Amending Zoning Ordinance – Articles 1302 and 1319 –Commercial and Recreational Vehicles in Residential Zoning Districts

The Clerk read Bill No. 43 – 2012 - Amending Zoning Ordinance – Articles 1302 and 1319 –Commercial and Recreational Vehicles in Residential Zoning Districts, sponsored by Mr. DiGiacinto and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE ZONING ORDINANCE OF THE CITY OF BETHLEHEM,
ARTICLE 1302, DEFINITIONS, AND
ARTICLE 1319, TITLED OFF STREET PARKING AND LOADING

Mr. Recchiuti stated that he will not be supporting the Bill because it places unfair restrictions on private property in the City. Mr. Recchiuti thought these types of restrictions are typically found in deeds or imposed by home owners associations, and that enforcement will be near impossible. Mr. Recchiuti expressed the belief that people who have trailers and commercial vehicles would be grandfathered in, and it will be counterintuitive of the purpose of the Ordinance. Communicating that more recreational vehicles will be parked on the streets since the proposal applies to residential private property, Mr. Recchiuti commented that he does not think it is a very good law.

Mr. Reynolds thought that Mr. Recchiuti made several excellent points about the private property aspect of the proposal.

Ms. Dolan said she agrees fully with Mr. Reynolds and Mr. Recchiuti but that a lot of compromises were made and the final proposal was something that is respectful of the private property owner who owns the recreational vehicle and the private property owner who lives next door. Ms. Dolan communicated that the Ordinance is more applicable to urban life than to suburban or condominium life. While affirming that she agrees in principle with Mr. Recchiuti, Ms. Dolan restated that a compromise was made to have something more workable in the City. As to whether it is enforceable, Ms. Dolan observed it depends on how egregious the adjacent landowner would find the situation, and it would perhaps have to be arbitrated in the courts.

Voting AYE: Mr. Donchez, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. Voting NAY: Mr. Recchiuti, 1. Bill No. 43 – 2012 was declared passed on First Reading.

M. Bill No. 44 – 2012 – Amending Zoning Ordinance – Article 1304.04 – Reuse of Corner Commercial
Uses Allowed in RT and RG Districts

The Clerk read Bill No. 44 – 2012 – Amending Zoning Ordinance – Article 1304.04 – Reuse of Corner Commercial Uses Allowed in RT and RG Districts, sponsored by Mr. DiGiacinto and Mrs. Belinski, and titled:

AN ORDINANCE AMENDING ARTICLE 1304.04 OF
THE ZONING ORDINANCE OF THE CITY OF BETHLEHEM,
PENNSYLVANIA, AS AMENDED, ENTITLED REUSE OF CORNER COMMERCIAL USES ALLOWED IN THE RT AND RG DISTRICTS

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 44 – 2012 was declared passed on First Reading.

N. Bill No. 45 – 2012 – Amending Zoning Ordinance – Establishing New Article 1317 – Flood Plain
Ordinance

The Clerk read Bill No. 45 – 2012 - Amending Zoning Ordinance – Establishing New Article 1317 – Flood Plain Ordinance, sponsored by Mr. DiGiacinto and Mrs. Belinski, and titled:

AN ORDINANCE AMENDING ARTICLE 1317, FLOODWAY AND FLOODFRINGE DISTRICTS, OF THE ZONING ORDINANCE REQUIRING PERMITS FOR ANY CONSTRUCTION OR DEVELOPMENT IN DESIGNATED FLOOD AREAS; PROVIDING FOR THE ISSUANCE OF SUCH PERMITS; SETTING FORTH CERTAIN MINIMUM REQUIREMENTS FOR NEW CONSTRUCTION AND DEVELOPMENT WITHIN AREAS OF THE CITY OF BETHLEHEM WHICH ARE SUBJECT TO FLOODING; AND ESTABLISHING PENALTIES FOR ANY PERSONS WHO FAIL, OR REFUSE TO COMPLY WITH, THE REQUIREMENTS OR PROVISIONS OF THIS ORDINANCE.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 45 – 2012 was declared passed on First Reading.

9. RESOLUTIONS.

Motion – Considering Resolutions 9 A through 9 D as a Group

Mr. Donchez and Ms. Dolan moved to consider Resolutions 9 A through 9 D as a group.

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

A. Transfer of Funds – General Fund – Overtime and Temporary Help

Mr. Recchiuti and Mr. Reynolds sponsored Resolution 2012-193 that transferred $37,200 for overtime and temporary help in the General Fund as follows: $150 - Council – Other Expenses to Council – Overtime, $250 - Human Resources – Training/Cont.Ed. to Human Resources – Overtime, $10,000 - Recycling – Advertising & Printing to $4,000 Recycling – Overtime and $6,000 - Recycling – Temporary Help, $1,800 - Streets – Department Contracts to Streets – Temporary Help, and $25,000 -Unforeseen Contingency to $15,000 - Police – General Overtime and $10,000 EMS – Temporary Help.

B. Transfer of Funds – Golf Fund – Overtime

Mr. Recchiuti and Mr. Reynolds sponsored Resolution 2012-194 that transferred $1,500 in the Golf Fund from Salaries to Overtime.

C. Transfer of Funds – Water Fund – Overtime

Mr. Recchiuti and Mr. Reynolds sponsored Resolution 2012-195 that transferred $18,000 in the Water Fund for Overtime as follows: $10,000 - Water Filtration – Salaries to Overtime and $8,000 -Water Engineering Salaries to Overtime.

D. Transfer of Funds – 9-1-1 Fund – Temporary Help

Mr. Recchiuti and Mr. Reynolds sponsored Resolution 2012-196 that transferred $40,000 in the 9-1-1 Fund from Salaries to Temporary Help.

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

E. Increasing Golf Fees

Mrs. Belinski and Mr. DiGiacinto sponsored Resolution 2012-197 that established Golf Fees effective January 1, 2013.

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

Motion – Considering Resolutions 9 F through 9 J as a Group

Mr. Reynolds and Ms. Dolan moved to consider Resolutions 9 F through 9 J as a group

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

F. Certificate of Appropriateness – 81 West Broad Street

Mr. Recchiuti and Mr. Donchez sponsored Resolution 2012-198 that granted a Certificate of Appropriateness to install signs on front and courtyard facades at 81 West Broad Street.

G. Certificate of Appropriateness – 264 Wall Street

Mr. Recchiuti and Mr. Donchez sponsored Resolution 2012-199 that granted a Certificate of Appropriateness to repair and repaint the porch at 264 Wall Street.

H. Certificate of Appropriateness – 549 Main Street

Mr. Recchiuti and Mr. Donchez sponsored Resolution 2012-200 that granted a Certificate of Appropriateness to change the colors of the existing sign at 549 Main Street.

I. Certificate of Appropriateness – 464 North New Street

Mr. Recchiuti and Mr. Donchez sponsored Resolution 2012-201 that granted a Certificate of Appropriateness to re-roof the house at 464 North New Street.

J. Certificate of Appropriateness – 416 East Fourth Street

Mr. Recchiuti and Mr. Donchez sponsored Resolution 2012-202 that granted a Certificate of Appropriateness to remove and replace windows and repair masonry at 416 East Fourth Street.

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

Motion – Adding Resolution 9 K – Supporting Financial Contribution from Non-Profits

Mr. Recchiuti and Ms. Dolan moved to add Resolution 9 K to the Agenda.

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

K. Supporting Financial Contribution from Non-Profits

Mr. Recchiuti and Ms. Dolan sponsored Resolution 2012-203 declaring the support of City Council for the Administration’s request of a voluntary financial contribution from the not for profit institutions of Lehigh University, Moravian College, and Lehigh Valley Hospital that are exempt from property taxes and requesting that the leadership of these institutions take the necessary steps to make such voluntary financial contributions to the City.

Ms. Dolan stated that the Resolution would not make sense to implement or to request of all non-profits. Ms. Dolan said the point of the Resolution is to bring back into the General Fund for use the money that the City spends in responding to incidences that are specific to these larger organizations. Ms. Dolan commented that these organizations have a large number of people working there, some earn large salaries, they have endowments, they qualify for more funding than the City does relative to the City’s obligations and its number of citizens versus the number of people they serve. She continued on to say they sit on a tremendous amount of land, and at least one of them will sit on even more land in the City. While stating that is land they will benefit from and there is nothing wrong with that, Ms. Dolan expressed it is land that will not be able to be developed by others. While highlighting the fact that it is not debatable that the organizations bring a tremendous amount to the City, Ms. Dolan noted that what other hospitals, universities, and colleges have recognized is that it is a two way street in that the cities need the support to provide and pay for the environment that makes those institutions appealing and functional. Ms. Dolan pointed out it is not the same as a smaller non-profit such as Channel 39 that does not require responses from departments, the use of multiple vehicles going through the streets, or the involvement of emergency services. Ms. Dolan stated this is something that the City has been requesting in a quieter say for many years, and is something that other universities and hospitals have been providing to their cities for decades. Ms. Dolan communicated that the hospital and these educational institutions in Bethlehem are of the same quality and have the same impact on the City as do those institutions in their cities. Ms. Dolan continued on to say they recognized it and paid for the services they are receiving. Ms. Dolan pointed out that, as much as it is wonderful to help out the kids at Broughal School and provide free services in other ways, it does not pay the bills. Ms. Dolan said what drove up the Budget and made it so difficult was not some fiscal mismanagement in the past but the pensions and that is the case all over the State of Pennsylvania. Ms. Dolan commented that is why the behind the scenes requests now are being done more publicly and why City Council has offered its voice behind the Mayor’s to say they agree and this is the time for these large non-profits to take a hard look at what they get for nothing and what the City loses as a ratio of what it gains to have their presence in the City. She added that the City needs to be able to afford to provide a beautiful City, safety, and services that make the non-profits as profitable as they are.

Mr. Reynolds, highlighting the fact that the City is not breaking any new ground, pointed out this is something that has been going on across the State and the country for a long time. Mr. Reynolds, while pointing out the non-profits are great community partners, said at the same time there is a cost. Observing there are post-industrial towns where there has been an increase in non-profits such as colleges, universities, and hospitals that bring back the economies in those areas, Mr. Reynolds said the budgets for the governmental services do not come back as quickly. Mr. Reynolds thought that for the services that are provided it is fair. Mr. Reynolds, communicating that no one is being singled out, observed that larger institutions with endowments across the country have done this, as well as small colleges. Mr. Reynolds commented it is a step in the right direction not just for supporting a municipal budget but it is the idea that they should be giving something towards the services. Mr. Reynolds affirmed that the Police and Fire Chiefs provided numbers for the services that the City provides to the institutions, and the services do not come for free. Mr. Reynolds stated that the City can do things to control pension costs in the long term but the costs are not getting smaller in the short term. Mr. Reynolds thought the Resolution is worded in a way that looks to establish these organizations as enhanced community partners.

Mr. Donchez observed it is not just the pension costs but also the medical benefits that there is no control of and the revenues are not keeping up with the medical and pension costs. Mr. Donchez commended the Mayor for pursuing the contribution from non-profits, also referred to as a PILOT or payment in lieu of taxes. Pointing out these are excellent non-profits that provide a lot to the City, Mr. Donchez observed the City also provides a lot of services to them. Mr. Donchez noted the request is not new and is done in many communities throughout the United States, especially in the northeast, and added that the City is asking for a fair share. Mr. Donchez expressed the hope that the organizations will take this matter into consideration since there is a cost of services for the City to run its government.

Mr. DiGiacinto noted that the Administration has spent a lot of time talking to the partners and also stated there is no new groundbreaking. Mr. DiGiacinto said he appreciated the opportunity he had last night to review the proposed Resolution and provide input. Mr. DiGiacinto expressed he is glad a number is not tied to the Resolution, communicated there is a strong message, and advised he is going to vote for the Resolution. Referencing the language in the Resolution, Mr. DiGiacinto thought that ArtsQuest is one of the well-recognized and highly respected non-profits and pointed out he had inserted ArtsQuest in the draft Resolution but it was removed. Mr. DiGiacinto queried why ArtsQuest is not included and inquired what will take place following passage.

President Evans stated that if the Resolution is adopted it will be delivered to the Administration to be used in their communications with the non-profits and so that it is known that City Council is behind the matter. President Evans noted there were three institutions of a larger size with which the Administration was currently in talks and were included in the initial draft Resolution.

Ms. Dolan, turning to an entertainment tax that was included in the Mayor’s Proposed 2013 Budget, said that is another effort of the Mayor to increase revenues. Ms. Dolan expressed that is an example of also getting a fair share from places that provide entertainment and sell tickets at a certain volume. Ms. Dolan asked if that is the way in which an organization such as ArtsQuest would be approached.

Mr. DiGiacinto, acknowledging the inclusion of an entertainment/amusement tax in the Budget and affirming his understanding of the proposal, said he knows that is also being worked on with those entities that would be affected by the First Responders Fee, also known as an entertainment or amusement tax. Mr. DiGiacinto restated that ArtsQuest is a major non-profit in the City, and he thought they should be included in the Resolution so it is known what is being said in the Resolution.

Ms. Dolan observed one of the biggest differences is that of developable land and some of the losses to the City based on land. She did not think that ArtsQuest comes close in comparison with the three entities and that does separate them.

Mr. Recchiuti said he supports what Ms. Dolan, Mr. Donchez, and Mr. Reynolds stated previously. Mr. Recchiuti did not think ArtsQuest should be included in the Resolution. He pointed out that ArtsQuest has a contract with the City for Musikfest and pays a fair share for the services they utilize of approximately $200,000 a year. Mr. Recchiuti observed that if the City received $200,000 annually from each of three entities it would be in a much better situation.

Mr. Reynolds communicated that ArtsQuest already pays for not only the reimbursed services the City provides but also makes another contribution above that for what ArtsQuest and the Administration has agreed on. Mr. Reynolds commented he was not sure whether or not the point was to include ArtsQuest in the Resolution as a organization that the other non-profits should be following as far as the contributions above and beyond the services.

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

10. NEW BUSINESS.

None.

11. PUBLIC COMMENT

Profit-Making Entities versus Non-Profits

Stephen Antalics, 737 Ridge Street, related that the New York Times presently is conducting a very intensive investigative study of corporate welfare in the sense that there is a consulting firm in this country making great fees by playing off one community against the other. This is between Missouri and Kansas and Michigan and Ohio to lure people to come to an area offering tremendous benefits like free land, no taxes for a number of years, and a rebate on taxes of employees salaries. He said that in Kansas City the jobs that were created and the amount of taxes that were lost by these perks was four times what was gained by one employee. Mr. Antalics remarked that since the City is talking about non-profits maybe it should talk about profits. Within the City of Bethlehem, Mr. Antalics stressed that companies are being lured to the brownfields and wondered whether deals are being done behind the scenes through consultants where these people get a break at the expense of the taxpayer and also other companies within the City limits. Observing that is an open question, Mr. Antalics expressed these thoughts entered his mind when he knew about the non-profits. Mr. Antalics thought this is something that needs to be looked into because tax dollars are being given away if it is in fact happening. He felt that the profit-making entities should not be getting a break that the City is then going to put on the non-profits. Mr. Antalics thought that City Council should have an investigative group to look into this. He added that according to the New York Times this is a very serious problem and costs the taxpayers multi-billions of dollars across the country.

Mary Pongracz, 321 W. Fourth Street, said it seems to her that Council is not aware of what a non-profit is. She exclaimed it is what it says it is, a non-profit. Consequently, Ms. Pongracz asked how can the City tax profit from a non-profit organization. Ms. Pongracz said she cannot believe that Council is asking a non-profit to give profit because it does not make profit. Affirming she is the head of a housing non-profit, Ms. Pongracz informed the assembly that whatever money the organization makes is put back into the coffers to fulfill the mission that is set forth, which is to provide housing for low and moderate income families. Ms. Pongracz added that if the non-profits are shut down then the City of Bethlehem might just as well shut down.

Garbage Collection - Independent Haulers versus Single Hauling Contract

Andrew Prickler, 1843 Willow Park Road, confirmed that if the gentleman who spoke earlier is unhappy with his garbage services he does have a choice to call someone else. Mr. Prickler pointed out that if the City has contract hauling people will not have that choice. Noting that recently in New Jersey a town did away with contract hauling and notified residents they need to seek out their own hauling because of the rising contract costs, Mr. Prickler noted this is something to keep in mind. Mr. Prickler, advising that Allentown residents are now paying $375 per year for contract hauling, observed the numbers and the type of service varies but he still believes that Bethlehem has the best system because garbage prices with a private, independent hauler can be negotiated. He stressed that the zoning issues and compliance issues have nothing to do with the independent haulers. Affirming that the City of Easton has contract hauling, Mr. Prickler informed the assembly that he serves come commercial accounts in Easton and he sees people who are not included in the contract take their trash at 4:00 a.m. and put it on top of piles of trash that are being picked up as part of another contract. Mr. Prickler stated that those issues will happen and there will still be illegal dumping that will not stop unless people are fined.

The meeting was adjourned at 8:55 p.m.