Bethlehem Council MInutes

10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, March 4, 2014 – 7:00 PM

INVOCATION

Pastor Cynthia Rader-Geyer, formerly of College Hill Moravian Church, offered the invocation which was followed by the pledge to the flag.

PLEDGE TO THE FLAG

1. ROLL CALL

President Reynolds called the meeting to order. Present were Bryan G. Callahan, Karen Dolan, Eric R. Evans, Michael D. Recchiuti, Cathy Reuscher, Adam R. Waldron, and J. William Reynolds, 7.

2. APPROVAL OF MINUTES

None.

- Adjudication by Bethlehem City Council pursuant to 53 P.S. §39408 following Public Hearing conducted by Bethlehem City Council on February 24, 2014 as to Police Officer Richard Hoffman.

President Reynolds stated he will accept a motion as it relates to the Adjudication by Bethlehem City Council pursuant to the Public Hearing conducted by Bethlehem City Council on Monday, February 24, 2014 as to Police Officer Richard Hoffman. President Reynolds advised that a motion would be for a Resolution to be placed on the March 18, 2014 City Council Agenda.

Mr. Recchiuti moved that Police Officer Richard Hoffman be terminated. Ms. Dolan seconded the motion. President Reynolds confirmed that the Resolution for the termination of Police Officer Richard Hoffman will be placed on the next City Council Agenda of Tuesday, March 18.

Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, and Mr. Reynolds, 7. The motion passed.

3. PUBLIC COMMENT

None.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

1. Article 112 – Campaign Finance Reports

5. COMMUNICATIONS

A. City Solicitor – Ordinance Amending Articles of Incorporation of Bethlehem Parking Authority to Increase Term

The Clerk read a memorandum dated February 26, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a revised proposed Ordinance to amend the Articles of Incorporation of the Bethlehem Parking Authority, along with a copy of Attorney Broughal’s January 6, 2014 memorandum and the referenced Bethlehem Parking Authority Resolution.

President Reynolds referred the matter to Public Safety Committee.

B. Chairman of Finance Committee – Proposed Resolution – Hiring Freeze

The Clerk read a memorandum dated February 27, 2014 from Michael D. Recchiuti, Chairman of the Finance Committee, to which was attached a proposed Resolution concerning a hiring freeze.

Mr. Recchiuti noted this is the proposed Resolution that he discussed at the Finance Committee meeting on Monday, February 24. He stated it was in response to some comments in the Morning Call newspaper on February 19 from the Mayor and Director of Public Works regarding snow removal overtime and the snow removal budget. Mr. Recchiuti asked Mayor Donchez if he had an opportunity to review the proposed Resolution and does he have a position on it. Mr. Recchiuti pointed out that Council received information from the Administration today but he did not specifically see a position of yea or nay on this.

Mayor Donchez confirmed that this afternoon all Members of Council should have received the memorandums referenced by Mr. Recchiuti. Mayor Donchez enumerated that one of the memorandums was from David Brong, Business Administrator, regarding the proposed Resolution, and in addition there were memos from Michael Alkhal, Public Works Director, and from Mark DiLuzio, Police Chief. Mayor Donchez explained his position regarding the proposal is that the Administration from day one has set the tone of fiscal restraint. Mayor Donchez advised he has charged his Department Heads with the task of evaluating all open positions and finding ways to make government more efficient. Mayor Donchez pointed out that he has set the tone himself by using his own car, paying for his own gasoline, and paying for his own insurance. He added that presently the Administration is reviewing the car policy of the City with efforts to reduce costs, and updating the five year financial plan. When the report is completed, he will share it with City Council as a Committee of the Whole and release it to the public. Mayor Donchez advised that in June, the Administration will provide City Council as a Whole with a six months financial report on expenditures and revenues. Mayor Donchez said that during the next few weeks he will be announcing a financial advisory committee to work with the Administration in recommending initiatives to make government more efficient and to validate the five year plan. Mayor Donchez stressed there is no question that this has been a difficult winter and this Administration has made the necessary budget adjustments that previous Administrations have made. Mayor Donchez assured Council that, recognizing the increased pension costs and the debt service that have been discussed, in looking ahead for 2015 the Administration will continue to exercise fiscal restraint, and that is his position.

Mr. Recchiuti expressed that he is asking President Reynolds to refer the proposed Resolution to the Finance Committee along with the Administration’s proposal that was received today for further discussion. Mr. Recchiuti said it is his hope to have something that can be implemented that will work for all parties to move the City forward and continue fiscal restraint as the Mayor stated. Mr. Recchiuti thought that the proposal by the Mayor needs some review and there are many unanswered questions. Mr. Recchiuti communicated he would ask the Mayor at this time to make Council aware of any positions that become filled on the list that Council received from the Administration today.

President Reynolds affirmed that Communication 5 B, the proposed Resolution on the Hiring Freeze, will be referred to the Finance Committee.

C. City Solicitor – Use Permit Agreements for Public Property – ArtsQuest – Musikfest 2014-2016

The Clerk read a memorandum dated February 27, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a proposed Resolution and associated Use Permit Agreements between the City and ArtsQuest for the use of streets and various City properties for Musikfest 2014-2016.

President Reynolds referred the matter to the Parks and Public Property Committee.

6. REPORTS

A. President of Council

1. Councilmanic Appointment – Eric R. Evans – Recreation Commission

President Reynolds appointed Eric R. Evans to membership on the Recreation Commission to fill the unexpired term of Karen Dolan, effective until August 2014. Ms. Reuscher and Mr. Callahan sponsored Resolution 2014-30 to confirm the appointment.

Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, and Mr. Reynolds, 7. The Resolution passed.

2. Councilmanic Appointment – Karen Dolan – Environmental Advisory Council

President Reynolds appointed Karen Dolan to membership on the Environmental Advisory Council effective until January 2017. Ms. Reuscher and Mr. Callahan sponsored Resolution 2014-31 to confirm the appointment.

President Reynolds highlighted the fact that the Environmental Advisory Council was initiated by Ms. Dolan a number of years ago. Pointing out that she is certainly the Council Member most involved with the EAC over the years, President Reynolds said it is natural for her to continue that service.

Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, and Mr. Reynolds, 7. The Resolution passed.

B. Mayor

None.

C. Finance Committee

Mr. Recchiuti, Chairman of the Finance Committee, presented an oral report of the Committee’s meeting held on Monday, February 24, at 6:00 PM in the Mayor’s Conference Room. The Committee considered the following: Amending General Fund Budget – Health Bureau and Police Grant; Amending Non-Utility Capital Budget – 2013 Year End Adjustments; Amending Water Capital Budget – Line of Credit; Amending Community Development Budget – CDBG and HOME Programs – 2013 Year End Adjustments; Amending Article 1120 – Emergency Medical Services – Fees; Right of First Refusal; and discussion of a hiring freeze.

7. ORDINANCES FOR FINAL READING

A. Bill No. 3 – 2014 – Amending Article 1120 – Emergency Medical Services – Fees

The Clerk read Bill No. 3 – 2014 – Amending Article 1120 – Emergency Medical Services – Fees, on Final Reading.

Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 3 – 2014, now known as Ordinance 2014-5, was adopted on Final Reading.

8. NEW ORDINANCES

A. Bill No. 4 – 2014 – Amending General Fund Budget – Health Bureau and Police Grant

The Clerk read Bill No. 4 – 2014 – Amending General Fund Budget – Health Bureau and Police Grant, sponsored by Mr. Recchiuti and Mr. Callahan, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2014.

Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 4 - 2014 was passed on First Reading.

B. Bill No. 5 – 2014 – Amending Non-Utility Capital Budget – 2013 Year End Adjustments

The Clerk read Bill No. 5 – 2014 – Amending Non-Utility Capital Budget – 2013 Year End Adjustment, sponsored by Mr. Recchiuti and Mr. Callahan, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2014 CAPITAL BUDGET FOR NON-UTILITIES.

Ms. Dolan inquired if the Finance Committee Chair might explain why it is important to make so many allocation changes at this time.

Chairman Recchiuti affirmed these are the normal year end adjustments. He explained that when the Administration presents their Proposed Budget in the Fall they estimate what will be left at the end of the year. The allocation changes reflect what was actually left at the end of the year.

Mark Sivak, Director of Budget and Finance, confirmed that is correct.

Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 5 - 2014 was passed on First Reading.

C. Bill No. 6 – 2014 – Amending Water Capital Budget – Line of Credit

The Clerk read Bill No. 6 – 2014 – Amending Water Capital Budget – Line of Credit, sponsored by Mr. Recchiuti and Mr. Callahan, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2014 WATER CAPITAL FUND BUDGET.

Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 6 - 2014 was passed on First Reading.

D. Bill No. 7 – 2014 – Amending Community Development Budget – CDBG and HOME Programs –
2013 Year End Adjustments

The Clerk read Bill No. 7 – 2014 - Amending Community Development Budget – CDBG and HOME Programs – 2013 Year End Adjustments, sponsored by Mr. Recchiuti and Mr. Callahan, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE COMMUNITY DEVELOPMENT BUDGET FOR 2014.

Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 7 - 2014 was passed on First Reading.

9. RESOLUTIONS

A. Certificate of Appropriateness – 417 Wyandotte Street

Ms. Reuscher and Mr. Callahan sponsored Resolution No. 2014-32 that granted a Certificate of Appropriateness to install window signage at 417 Wyandotte Street.

Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, and Mr. Reynolds, 7. The Resolution passed.

10. NEW BUSINESS.

City Council Solicitor – John F. Spirk, Jr., Esq.
President Reynolds, confirming this is the first City Council Meeting for Council’s new Solicitor, Jack Spirk, welcomed Attorney Spirk and added that the Members of Council look forward to working with him.

11. PUBLIC COMMENT

Audits and Lease – Illick’s Mill

Stephen Antalics, 737 Ridge Street, referred to the City Audit of 2011 in which it was stated that the City provided services to a company in which a Council Member is an officer, and as of December 31, 2011 owes the City approximately $127,000. Mr. Antalics said the question is what were those services and which agency of the City provided them. He further related that in the City Audit of 2012 it was stated that during the year ending December 31, 2012, the City wrote off the receivable balance of the aforementioned company. Mr. Antalics said the question is what agency of City Government dismissed this debt and why. Mr. Antalics continued on to say that on May 2, 2000, the City and the Illick’s Mill Foundation, Inc. signed a sublease agreement that was amended on July 14, 2006 as the Illick’s Mill Partnership. The property is owned by the Bethlehem Authority and leased to the City of Bethlehem, and the City sublets it to the Illick’s Mill Partnership. Noting the lease agreement states that the use was to be exclusively for charitable, religious, scientific and educational purposes, and utilities would be paid by the lessee, Mr. Antalics said any use violation would cancel the lease agreement. Mr. Antalics stated that the site is currently housing the Fox Environmental Center. He advised that the mission of the Gertrude B. Fox Environmental Center according to its web site is environmental action and education in the City of Bethlehem and Monocacy Creek watershed. They tackle pressing environmental problems including flooding, erosion, wetland destruction, pollution, climate change, invasive species, and loss of biodiversity. Mr. Antalics pointed out the website also refers to private events that can be scheduled at the Center such as birthday party, wedding, fundraiser, concert, baby shower, corporate event, etc. Mr. Antalics said unconfirmed sources indicate that a wedding party can rent the site for a fee of $2,500. Mr. Antalics thought this raises the issue of a lease agreement with the City. Mr. Antalics questioned if the Fox Environmental Center does not have a lease or is it still covered by the revised lease of 2006. If there is no lease, Mr. Antalics wondered whether City owned property can be rented out for private functions for a fee without any monies given to the City, and if alcoholic beverages are served at private functions who is liable if an incident occurs. Mr. Antalics queried whether any officers of Fox Environmental Center are deriving a salary from the private rental of City property. Mr. Antalics asked, if a lease exists, who is paying for utilities, and does the lease become null and void since the property is being rented for private functions which appears to violate the use conditions of the original lease.

The meeting was adjourned at 7:25 p.m.