Council Minutes

June 6, 2003 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, June 6, 2003 – 7:30 PM – Town Hall

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

President Schweder called the meeting to order. Father Robert Reed, of Saints Simon and Jude Church, offered the invocation which was followed by the pledge to the flag. Present were Ismael Arcelay, Jean Belinski, John B. Callahan, Robert J. Donchez, James S. Gregory, and J. Michael Schweder, 6. Ms. Szabo was absent.

4. APPROVAL OF MINUTES

The minutes of March 31, April 8, April 15, and May 6, 2003 were approved with the following corrections: April 8, Page 13 - Add sentence: "Mr. Callahan was absent during the vote on the motion." April 15, Page 19 - Add the following sentence after Mrs. Belinski's comments: "Ms. Szabo stated if Council did not argue about the matter Council could have gotten through the Agenda."

5. COURTESY OF THE FLOOR (for public comment on ordinances and resolutions to be voted on by Council this evening)

Bill No. 22 – 2003 – Zoning Ordinance Text Amendment – Adding Section 1308.07 - R-M Residential Overlay Zone

Joan Madzarac, 2074 Easton Road, asked whether City Council will be voting tonight on the project proposed by Lou Pektor of Ashley Development on Cherry Lane and Easton Road.

President Schweder responded yes.

Ms. Madzarac, querying if City Council will be voting on changing the zoning, inquired about approval of the 198 unit apartment complex.

President Schweder, affirming that City Council will be voting on changing the zoning, informed Ms. Madzarac that approval of the 198 unit apartment complex has not yet been done. In further response to Ms. Madzarac, President Schweder notified her that approval would go before the Planning Commission.

Tony Hanna, Director of Community and Economic Development, advised that the developer has not submitted plans at this point.

President Schweder told Ms. Madzarac that notification of when the Planning Commission meeting will be held will be sent to her.

Ms. Madzarac, commenting that several of her neighbors and she had been to the first meeting and had stated some objections, said now she has seen the plan and has even more objections.

President Schweder assured Ms. Madzarac she will have the opportunity to voice her concerns when the Planning Commission meets.

Mayor's Office Furniture

Stephen Antalics, 737 Ridge Street, with reference to Resolution 11 O, related that he listened to a radio station that had a segment on the Mayor's office furniture. Mr. Antalics wondered whether in the Resolution there is any clause to protect the public against flying drawers as the desk is transferred.

President Schweder, replying he does not believe so, further responded to Mr. Antalics it would be hoped that it will be done safely.

EMS Ordinance - Addition to Agenda

President Schweder notified the public that, as a result of the Human Resources and Environment Committee meeting that took place this evening before the City Council Meeting, he will accept a motion later in the Agenda to add a Bill to amend the EMS Ordinance that was discussed at the Committee meeting. Accordingly, President Schweder stated if there is any public comment on that matter it can be made at this time.

6. OLD BUSINESS

President of Council - Removal

Mr. Gregory stated that, as Council knows, he was removed as Council President by motion and second of Council at the last meeting. Mr. Gregory affirmed he sent a memorandum to the City Council Solicitor asking whether, if that motion was illegal, this meeting would be illegal. Mr. Gregory noted the response was that City Council Meetings held under the elected President of Council shall be considered a legal meeting. Mr. Gregory wondered whether, if the elected President of Council is not a legally elected President of Council, that is an answer to his question.

Christopher Spadoni, City Council Solicitor, replied he believes that it is, and added all meetings of Council are appropriate.

Mr. Gregory, saying he also looked into the legality of this, commented that he spoke to some of the best municipal attorneys in the State and explained to them the City Council Solicitor's response. Mr. Gregory noted that, "…generally, they stated that they felt, too, that it was illegal, and that I have a good case in Common Pleas court because I wasn't given notice, and because the alleged cause did not rise to whatever it needs to be to remove the President of Council. So, now it's in my hands whether or not to take suit against Council and take it to Common Pleas court. The sad thing about that is that means that the taxpayers would have to defend the suit for what I feel is an illegal action of Council. So, just so Council knows, if anyone wants to rescind that motion and keep us from court you certainly may do so tonight…".

Attorney Spadoni noted that, if he were to defend that action, he is a salaried employee and there would be no additional cost, to his knowledge, other than court costs that may be assessed.

Mr. Gregory, observing there would be court costs, commented that, if he were victorious, there could be costs in that the City would have to pay his attorney's fees.

Attorney Spadoni, stating he would not be in a position to opine about that in a hypothetical situation, explained he was responding to Mr. Gregory's inquiry about additional costs to Council and indicating that would be part and parcel of his duties.

7. COMMUNICATIONS

A. Director of Planning and Zoning – Revision to Amendment of Section 1301.07 –
Bill No. 17 – 2003

The Clerk read a memorandum dated May 27, 2003 from Darlene Heller, Director of Planning and Zoning, which proposed an amendment to Section 1301.07, Bill No. 17 – 2003, to read as follows: “1301.07, Application To City And Municipal Authorities - This ordinance shall not apply to any lot, existing or proposed building, use thereof, or any expansion thereof, owned, used or to be used by the City of Bethlehem, and/or by any Municipal Authority created by the City of Bethlehem, when such lot, building and/or use is for a governmental purpose.”

President Schweder stated that the Amendment will be considered later in the Agenda under Bill 17 - 2003 on Final Reading.

8 . REPORTS

A. President of Council

Invocation by Clergy

President Schweder affirmed that, for the Invocation at Council Meetings, he is planning to invite clergy from throughout the City to offer the Invocation at each Meeting.

Courtesy of the Floor - Numerical Order

President Schweder advised that also instituted with this evening's City Council Meeting is a new sign-in sheet for the public that places a numerical order for individuals to address City Council under the first and second Courtesy of the Floor, as opposed to the prior random order of speakers.

Committee Assignments - Revisions

President Schweder presented Committee assignments with revisions, as follows: Community Development Committee: Ms. Szabo - Chair, Mrs. Belinski and Mr. Callahan - Members; Finance Committee: Mr. Callahan - Chair, Mrs. Belinski and Mr. Donchez - Members; Human Resources and Environment Committee: Mr. Arcelay - Chair, Mr. Callahan and Mr. Gregory - Members; Parks and Public Property Committee: Mrs. Belinski - Chair, Mr. Arcelay and Mr. Gregory - Members; Public Safety Committee: Mr. Donchez - Chair, Mr. Arcelay and Ms. Szabo - Members; Public Works Committee: Mr. Gregory - Chair, Mr. Donchez and Ms. Szabo - Members.

B. Mayor

1. Administrative Order – Barbara K. Fraust – Fine Arts Commission

Mayor James Delgrosso appointed Barbara K. Fraust to the Fine Arts Commission, effective until May 2005. Mr. Arcelay and Mr. Donchez sponsored Resolution 14,084 to confirm the appointment.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. The Resolution passed.

C. Human Resources and Environment Committee

Mr. Arcelay, Chairman of the Human Resources and Environment Committee, presented an oral report of the Committee’s meeting held prior to the City Council Meeting this evening on the following subject: Amending Article 1120 – Emergency Medical Services.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 17 – 2003 – Amending Article 1301 – Titles, Purpose, and Interpretation

Removing Bill No. 17 - 2003 From the Table

Mr. Donchez and Mrs. Belinski moved to take from the Table Bill No. 17 - 2003 that was tabled on Final Reading at the May 21, 2003 City Council Meeting.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. The motion passed.

The Clerk read Bill No. 17 – 2003, Amending Article 1301 – Titles, Purpose, and Interpretation, on Final Reading.

Amendment to Bill No. 17 - 2003

Mr. Arcelay and Mr. Callahan sponsored the following Amendment:

That Section 1. which reads as follows:

1301.07 Application To City And Municipal Authorities

This ordinance shall not apply to any existing or proposed building, use thereof, or any expansion thereof, used or to be used by the City of Bethlehem, and/or by any Municipal Authority created by the City of Bethlehem, when such building and/or use is for a governmental purpose.

shall be amended to read as follows:

1301.07 Application To City And Municipal Authorities

This ordinance shall not apply to any lot, existing or proposed building, use thereof, or any expansion thereof, owned, used or to be used by the City of Bethlehem, and/or by any Municipal Authority created by the City of Bethlehem, when such lot, building and/or use is for a governmental purpose.

Voting AYE on Bill No. 17 – 2003, as Amended: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. Bill No. 17 – 2003, hereafter to be known as Ordinance 4194, was declared adopted.

B. Bill No. 22 – 2003 – Zoning Ordinance Text Amendment – Adding Section 1308.07 - R-M Residential Overlay Zone

The Clerk read Bill No. 22 – 2003, Zoning Ordinance Text Amendment – Adding Section 1308.07 – R-M Residential Overlay Zone, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. Bill No. 22 – 2003, hereafter to be known as Ordinance 4195, was declared adopted.

C. Bill No. 23 – 2003 – Amending Liquid Fuels Fund Budget – Liquid Fuels Allocation

The Clerk read Bill No. 23 – 2003, Amending Liquid Fuels Fund Budget, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. Bill No. 23 – 2003, hereafter to be known as Ordinance 4196, was declared adopted.

D. Bill No. 24 – 2003 – Amending General Fund Budget – South Bethlehem Historic Conservation District – Design Guidelines

The Clerk read Bill No. 24 – 2003, Amending General Fund Budget – South Bethlehem Historic Conservation District – Design Guidelines, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. Bill No. 24 – 2003, hereafter to be known as Ordinance 4197, was declared adopted.

E. Bill No. 25 – 2003 – Amending Sewer Capital Budget – Repairs to North Secondary Digester

The Clerk read Bill No. 25 – 2003, Amending Sewer Capital Budget – Repairs to North Secondary Digester, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. Bill No. 25 – 2003, hereafter to be known as Ordinance 4198, was declared adopted.

10. NEW ORDINANCES

A. Bill No. 26 – 2003 – Zoning Map Amendment – Rezoning Portion of Bethlehem Commerce Center – HI to IR-F

The Clerk read Bill No. 26 - 2003, sponsored by Mr. Donchez and Mr. Arcelay, and titled:

AN ORDINANCE AMENDING PART 13 OF THE
CODIFIED ORDINANCES OF THE CITY OF BETHLEHEM, PENNSYLVANIA, AS AMENDED, KNOWN AS THE
ZONING ORDINANCE OF THE CITY OF BETHLEHEM, PENNSYLVANIA, BY AMENDING THE CITY ZONING MAP.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. Bill No. 26 – 2003 was declared passed on First Reading.

Adding Bill No. 27 – 2003

Mr. Donchez and Mrs. Belinski moved to add Bill No. 27 - 2003 to the Agenda.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. The motion passed.

Bill No. 27 – 2003 – Amending Article 1120 – Emergency Medical Services

The Clerk read Bill No. 27 – 2003, sponsored by Mr. Arcelay and Mr. Callahan, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 1120 OF THE CODIFIED ORDINANCES
ENTITLED EMERGENCY MEDICAL SERVICES.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. Bill No. 27 – 2003 was declared passed on First Reading.

11. RESOLUTIONS

Motion - Considering Resolutions 11 A through 11 N as a Group

Mr. Callahan and Mr. Arcelay moved to consider Resolutions 11 A through 11 N as a group.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. The motion passed.

A. Certificate of Appropriateness – 507 – 509 East Fourth Street

Mrs. Belinski and Mr. Donchez sponsored Resolution 14,085 which granted a Certificate of Appropriateness to replace the existing slate roof with 3-tab fiberglass slate color shingles at 507-509 East Fourth Street.

B. Certificate of Appropriateness – 402 - 406 East Fourth Street

Mrs. Belinski and Mr. Donchez sponsored Resolution 14,086 which granted a Certificate of Appropriateness to install a pedestal mount ATM unit in front of the building at 402 – 406 East Fourth Street.

C. Certificate of Appropriateness – 410 East Fourth Street

Mrs. Belinski and Mr. Donchez sponsored Resolution 14,087 which granted a Certificate of Appropriateness to install a sign above the storefront at 410 East Fourth Street.

D. Certificate of Appropriateness – 104 East Third Street

Mrs. Belinski and Mr. Donchez sponsored Resolution 14,088 which granted a Certificate of Appropriateness to install a wall sign and ad to the existing pylon sign of the Rite Aid Pharmacy at 104 East Third Street.
E. Certificate of Appropriateness – 11 East Third Street

Mrs. Belinski and Mr. Donchez sponsored Resolution 14,089 which granted a Certificate of Appropriateness to install new signage on the wall and windows at 11 East Third Street.

F. Certificate of Appropriateness – 13 West Third Street

Mrs. Belinski and Mr. Donchez sponsored Resolution 14,090 which granted a Certificate of Appropriateness to construct a new addition and other exterior alterations as per plans at 13 West Third Street.

G. Certificate of Appropriateness – Various Downtown Locations

Mrs. Belinski and Mr. Donchez sponsored Resolution 14,091 which granted a Certificate of Appropriateness to install new and replacement trash cans in the public right of way to be maintained by the City of Bethlehem at various downtown locations.

H. Certificate of Appropriateness – 102 – 106 West Fourth Street

Mrs. Belinski and Mr. Donchez sponsored Resolution 14,092 which granted a Certificate of Appropriateness to modify the previously approved plans for a second floor addition at 102 – 106 West Fourth Street.

I. Certificate of Appropriateness – 54 Wall Street

Mrs. Belinski and Mr. Donchez sponsored Resolution 14,093 which granted a Certificate of Appropriateness to replace the existing fence at 54 Wall Street.

J. Certificate of Appropriateness – 408 North New Street

Mrs. Belinski and Mr. Donchez sponsored Resolution 14,094 which granted a Certificate of Appropriateness to construct a garage in the southeast corner of the property and alter the exterior of 408 North New Street.

K. Certificate of Appropriateness – 46 East Church Street

Mrs. Belinski and Mr. Donchez sponsored Resolution 14,095 which granted a Certificate of Appropriateness to alter the exterior of 46 East Church Street.

L. Certificate of Appropriateness – 556 Main Street

Mrs. Belinski and Mr. Donchez sponsored Resolution 14,096 which granted a Certificate of Appropriateness to install a sign at 556 Main Street.

M. Certificate of Appropriateness – 409 North New Street

Mrs. Belinski and Mr. Donchez sponsored Resolution 14,097 which granted a Certificate of Appropriateness to replace the entire roof at 409 North New Street.

N. Certificate of Appropriateness – 136 East Market Street

Mrs. Belinski and Mr. Donchez sponsored Resolution 14,098 which granted a Certificate of Appropriateness to replace windows at 136 East Market Street.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. The Resolutions passed.

O. Purchase of Office Furniture by Mayors

Mr. Arcelay and Mrs. Belinski sponsored Resolution 14,099 which prohibited the past practice of individuals holding the Office of Mayor from purchasing mayoral office furniture for less than fair market value. In the future, individuals holding the Office of Mayor who wish to purchase mayoral furniture from the City must purchase such furniture by reimbursing and paying to the City the original purchase price of said furniture.

Mr. Gregory, noting today in a Morning Call newspaper article he read that someone offered to give the City free furniture, thought that was a good deal for the taxpayers. Mr. Gregory remarked if the City can get free furniture for the Mayor's office he thinks it should be done since the taxpayers would not have to pay a penny, and restated he would hope that the City would seriously consider the offer.

Mrs. Belinski, also referring to the Morning Call newspaper article, pointed out that former Mayor Cunningham was the Mayor for five years and three months instead of six and a half years as reported in the article. Mrs. Belinski stated that former Mayor Cunningham took several pieces of furniture and not just the desk. Mrs. Belinski, commenting that she finds the reported amount of $2,000 for the furniture very low, said she would request to know what was the actual figure for the purchase of the furniture.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Callahan, Mr. Donchez, Mr. Gregory, and Mr. Schweder, 6. The Resolution passed.

12. NEW BUSINESS

EMS Bureau - Transfer to Fire Department from Community and Economic Development Department

Mrs. Belinski remarked that the transfer of the EMS Bureau to the Fire Department from the Community and Economic Development Department is long overdue. Mrs. Belinski, continuing on to say it will be a more efficient use of resources, noted that the fire pumpers are equipped with medical kits, and Firefighters are trained in medical procedures.

Trash Cans - Placement

Mr. Donchez advised that, as he drives around town, he has noticed more and more of the large trash containers being placed on the curb. Mr. Donchez, stating this is an issue that needs to be addressed with the haulers, highlighted the fact that pickup of trash at the curbside is not allowed in the City of Bethlehem. Mr. Donchez asked that the Administration check into the matter.

Tony Hanna, Director of Community and Economic Development, responded that the seasonal letter will be sent reminding the haulers to adhere to the Ordinance, and he will send a copy to City Council. Mr. Hanna, mentioning that he, Dana Grubb, Deputy Director of Economic Development, the Mayor, and others have been looking into the concept of zoned collection, commented that a reminder to haulers of the City's Ordinance and its enforcement is appropriate.

Mr. Donchez communicated that one of the problems is new residents from other communities where there is curbside pickup think that is also the norm in Bethlehem but it is not. Mr. Donchez thought it might be a good idea to have an insert in a tax or water bill to inform residents that there is no curbside pickup for garbage in Bethlehem, and there is only curbside pickup for recycling.

Mayor Delgrosso, expressing his agreement with Mr. Donchez, said he does not know if the haulers are asking those residents to place their trash containers at the curb or if those residents are doing it on their own. Mayor Delgrosso stated the Administration needs to find out where this is occurring, and ask residents if they have been requested to place the trash cans on the curb or are doing it voluntarily. If the residents are being asked to do it, Mayor Delgrosso stressed that the Administration needs to contact the haulers and point out that there are fines for doing so.

Mr. Donchez advised it is occurring in all parts of town. Observing that summer is approaching, and restating that the issue was discussed about five or six months ago, Mr. Donchez stressed he really thinks the City really needs to clamp down on the matter. Mr. Donchez informed the assembly he has heard from residents that they have been told to put their trash containers at the curb for a discount. While acknowledging he does not know whether or not that is true, Mr. Donchez highlighted the fact that, if it is true, it is in violation of the City Ordinance, the City does need to clamp down, and it is a quality of life issue. Mr. Donchez expressed the hope that a letter will be sent out.

Mayor Delgrosso said he thinks it needs more than a letter, and the Administration needs to find out what is happening.

Mr. Hanna informed Mr. Donchez that actual enforcement will be done.

Mrs. Belinski advised that residents of West Bethlehem contacted her about a hauler who had sent a letter to residents in which they were notified they will be required to have a 70 gallon container. Mrs. Belinski, stressing that some senior citizens cannot move a container of that weight, inquired if the City can stop the hauler from requiring people to have huge, oversize containers.

Mayor Delgrosso, commenting he does not know if the City can stop the hauler from requiring large containers, pointed out that residents have the right to change haulers. Mayor Delgrosso continued on to say that, if residents feel they are being treated unfairly by a hauler, there is a list of all haulers and their rates available at City Hall so people can compare them. Mayor Delgrosso suggested that, if Members of Council receive such complaints, they refer them to the Administration for follow-up because the Administration needs to know about such issues.

Disruption - City Council Meetings

Mr. Gregory, with reference to an Express-Times newspaper article today, noted it was reported that "Schweder said he doesn't expect Gregory to be disruptive in Council for the rest of the year." Mr. Gregory stated he "can assure you that, depending on your definition of disruptive…that need not be a concern of yours or Council's." Further quoting from the article that "Gregory said he would make this Council sorry for the vote", Mr. Gregory explained that meant politically and it would not have any effect on how Mr. Gregory acts at Council Meetings. Mr. Gregory commented "you can be assured I will not be disruptive, at least according to maybe what your definition might be for the rest of the year, Mr. Schweder."

13. COURTESY OF THE FLOOR

Trash Cans - Placement

April Herrity, 732 Hawthorne Road, focusing on the issue of placement of trash cans, advised this has been going on for a long time. Ms. Herrity said the individuals who pick up the recyclables are one of the worst offenders in the City. Ms. Herrity asserted it is time to fine people or take away their licenses. Ms. Herrity observed that major companies who conduct garbage pickup in the City are picking up the garbage on the street. Ms. Herrity noted her understanding is that discounts are being offered to customers. Ms. Herrity, stressing something has to be done, remarked the City cannot just sit around and ignore the problem. Ms. Herrity said something else must be done because it is a quality of life issue. Ms. Herrity insisted if it is not stopped now, it will continue, and it will not be able to be stopped in the future.

Boutique at the Rink

Dean Bruch, 625 Hawthorne Road, expressed his appreciation to the City, Charles Brown, Director of Parks and Public Property, and all involved for the good things being done for the sale of used items at the City's ice rink, known as Boutique at the Rink, that benefits cancer-related causes.

Mayor Delgrosso stated that Mr. Brown and his staff are to be thanked for their assistance for the event as well as many other events in the City.

Railroad Crossings

Mr. Bruch asked if the City has anything to say about why the railroad crossings are not being fixed. Mr. Bruch stressed that the condition of the railroad crossings at Union Boulevard and Schoenersville Road are deplorable.

Michael Alkhal, Director of Public Works, advised that maintenance of the railroad crossings is the responsibility of the railroad company. However, Mr. Alkhal informed Mr. Bruch that the City has been working with the railroad company for over a year to get the railroad crossing at Union Boulevard fixed. Mr. Alkhal stated it was scheduled to be fixed this spring and was supposed to have been done by now. Mr. Alkhal continued on to advise that the City has involved the PUC that oversees these matters, and an official complaint has been filed with the PUC. As a result, the PUC rendered an order for the railroad company to upgrade and fix the railroad crossing this spring. Mr. Alkhal stated he has heard it will be done in June. Mr. Alkhal affirmed to Mr. Bruch that the railroad company is Norfolk Southern. Mr. Alkhal added the City will continue to make sure the repairs are made.

Mayor's Desk

Mr. Bruch expressed the opinion that the City should either take the free desk referenced by Mr. Gregory or let the next Mayor bring in his own desk. Mr. Bruch stressed that whatever desk is provided in the future it should not be taken by the outgoing Mayor.

President Schweder confirmed to Mr. Bruch that situation was corrected by passage of Resolution 14,099 this evening.

City Council Members - Employment

Mr. Bruch, stating he has spoken with Attorney Spadoni, commented he does not think that two Members of Council who are both employed by the same company should be voting on matters coming before Council and two individuals who both work for the same company should not be on City Council.

President Schweder informed Mr. Bruch that he knows of no place in the Constitution where anyone is prohibited from holding elective office based on the company for which they work. As a matter of fact, President Schweder pointed out there have been times on Bethlehem City Council over the last thirty or forty years where there have probably been three if not four people who worked for the same employer, as was the case with the School District and Bethlehem Steel.

Mr. Bruch pointed out that the Chamber of Commerce does not allow two people from the same company.

Former Executive Director of Bethlehem Housing Authority - Expression of Appreciation

Frank Loretti, 1845 Clarence Drive, Lower Saucon Township, former Executive Director of the Bethlehem Housing, commented that after almost 29 years with the Bethlehem Housing Authority, he retired two months ago. Mr. Loretti said he would like to thank publicly all of the Mayors, the Administrations, City employees, City Council, and all those who served and who helped to make the Bethlehem Housing Authority a success.

Mr. Gregory expressed that Mr. Loretti did a great job with the Bethlehem Housing Authority.

Recycling

Anthony Spagnola, 325 Spring Street, noting that the City pays the Raritan company $185,000 per year for the residential recycling pickup service, said he has 14 units on Keystone Avenue. Mr. Spagnola, relating that he would have to purchase a 70 gallon container from Raritan at a price of $75, stated that he asked the City Recycling Center for fourteen containers and was told the cost per container is $4. Mr. Spagnola, saying he does not think it is fair, questioned what can be done.

Dana Grubb, Deputy Director of Community Development, explained that, if the recyclables from Mr. Spagnola’s rental properties are being picked up through the City’s curbside recycling pickup program, then the containers should be provided free of charge.

Mr. Spagnola inquired how much aluminum is picked up each year.

Mr. Grubb, while confirming there is a monthly report, informed Mr. Spagnola there is a breakdown of commodities collected at the City’s Recycling Center but not of those picked up at the curbside because they are commingled. However, weight slips show the tonnage of material picked up at curbside.

Bethlehem Housing Authority

Mr. Spagnola, referring to his remarks at a past City Council Meeting, asked if the Mayor talked to the regional Housing Authority representative.

Mayor Delgrosso, responding yes, informed Mr. Spagnola that the City was not successful in obtaining a positive assessment of disbursement of funds from the Bethlehem Housing Authority to the City. Mayor Delgrosso indicated that, consequently, there would be a deficit in the budget this year. Mayor Delgrosso advised that the City is still working with the Bethlehem Housing Authority regarding the matter.

In response to Mr. Spagnola, Mr. Loretti affirmed that the Bethlehem Housing Authority pays $5 per unit for recycling pickup.

Garbage Can Placement

Dan Patten, 734 Redfern Lane, asked where are haulers supposed to pick up trash from residences.

Mr. Grubb responded that trash cans for collection cannot be placed in the public right of way. In those areas where there is rear access, trash cans should be picked up in the rear of the property. Mr. Grubb added that trash cans may be placed up to the property line but not in the public right of way, and may be placed at the end of the driveway.

In response to Mrs. Belinski, Mr. Grubb expressed the belief that trash cans can be stored 5 feet in the front of the property but not for pickup.

President Schweder, observing the inconsistency in where residents can place trash versus recycling containers, suggested that the Department clarify both and clearly define it for citizens, particularly in view of citizens who have moved recently to the City.

Mr. Grubb agreed to follow-up on the matter.

Mayor Delgrosso denoted that, in the absence of changes, press coverage could be given to the rules so that people can be aware of where garbage cans and recycling bins can be stored and put out for pickup.

Restoration of Street Paving

Wayne Maura, 826 W. Union Boulevard, turning to paving by the City in the vicinity of Guetter Street west on Broad Street, recollected the last time the area was paved was prior to the completion of construction at Liberty Center or Main Street Commons. Mr. Maura denoted that, shortly afterwards, the area was paved perfectly smooth. However, work needed to be done to accommodate completion of the Liberty Center or Main Street Commons projects that resulted in a patchwork of paving creating an uneven surface. As a result, Mr. Maura did not feel that taxpayers received the benefit of the good paving job done initially by the City. Mr. Maura said he would like to suggest that, in the future, when an area that has been paved by the City is disturbed, the party that disturbed it should be responsible for restoring the area to its original condition before the disturbance, and not just to patch it. Mr. Maura, remarking on the poor condition of the paving at some of the railroad crossings, pointed out that the railroad crossing at Union Boulevard is in particularly bad condition that can cause damage to cars. Mr. Maura wondered whether there are any City ordinances to compel restoration of areas paved by the City.

Mr. Alkhal explained that from Guetter Street back and including the intersection on Broad Street and Main Street was not paved during the construction of Liberty Center. Mr. Alkhal thought that Mr. Maura may be referring to work that was done in conjunction with Liberty Center that disturbed the area roughly from Rubel Street to the intersection of Broad and Main Streets. Mr. Alkhal affirmed that the City did receive $6,000 from the developer that is currently in escrow and will be used to repave the area.

Noise Levels

Mr. Maura stressed that noise levels are increasing with the warm weather, especially at intersections where motorists wait for traffic lights to change. Noting there are City Ordinances to address noise, Mr. Maura affirmed that he has spoken to Police Officers at the Substation located at Fourteenth Avenue and Broad Street about the issue. Mr. Maura related the response he usually receives is that it is a difficult issue to enforce. Mr. Maura remarked that some of the residents where he lives may start to take the issue in their own hands.

Mayor Delgrosso confirmed that a revision to the Noise Ordinance was adopted recently that decreased the number of feet within which a person could be cited for noise violations. Mayor Delgrosso expressed the hope that violations are being pursued by the Police Department.

Mr. Maura asked if noise violation citation records are available to the public.

Francis Donchez, Police Commissioner, said he would be happy to provide the numbers to Mr. Maura. Police Commissioner Donchez, noting that the Department is aggressive with noise violations, exemplified there were two arrests yesterday. Police Commissioner Donchez explained it is sometimes difficult to enforce due to the moving nature of noise violations.

Mr. Maura remarked that City revenues could be raised through enforcement of quality of life issues.

Bus Parking

Dave Sanders, 69 E. Goepp Street, said he is speaking on behalf of friends who work at Firemens Fund insurance company and his wife concerning the parking of buses at the North Street Parking Garage. In the last several weeks, it has been noticed that buses are being double parked on North Street making it difficult for motorists to see up North Street. Mr. Sanders thought that perhaps the LANTA bus company should be made aware of the fact that their buses are blocking the entrance.

President Schweder expressed that he believes the bus stop is located on Guetter Street, and the matter should be looked into.

Vicious Dogs

Donna Scrafano stated she resides on the 700 block of Atlantic Street where she has lived for ten years. Ms. Scrafano said this is the first year that she has pepper spray when she goes out or walks her dog because of the large number of pit bulls in the area, as well as on Itaska Street where her daughter lives and had to install a fence to protect her children. Advising she has seen pit bulls loose without leashes, Ms. Scrafano informed City officials of an instance when her daughter who was pregnant could not leave Ms. Scrafano’s house because of a pit bull who came there. Ms. Scrafano affirmed that Police Officers Weber and Cressman from the Substation in her neighborhood will act immediately when contacted. Ms. Scrafano cited another instance when she came home from work at 9:00 pm and a pit bull ran up to her. Ms. Scrafano notified the assembly that her neighbor’s young son was attacked by a pit bull on May 8, 2003 and sustained major physical damage. She also commented that she has seen individuals with three large pit bulls at Yosko Park. Ms. Scrafano noted her understanding is that the city of Philadelphia has a very stringent leash law. Ms. Scrafano, stating that she will call the Police when she sees a pit bull, advised that she does not want the dog owners to know she has placed the call since she is concerned about her safety and that of her grandchildren, her home, and her car. Ms. Scrafano explained she is at the meeting to ask for help, to find out what she should do, and what the City can do.

President Schweder, confirming that the City’s animal ordinance was rewritten a few years ago, noted there was no leash law at the time. President Schweder remarked that the pictures just given to City Council of the young boy who had been attacked by the pit bull are horrific. President Schweder pointed out he has seen other examples, one of which was an elderly woman who lived on Watkins Street. President Schweder, while noting other cities have looked at the matter, stated there is no penalty and in places such as New York where there have been such occurrences the animals are destroyed. President Schweder said it is obvious that the issue is more widespread than originally thought when the animal ordinance was rewritten, and it needs to be reviewed again. President Schweder commented that the dogs are sometimes used to protect those who may be involved in illegal activities. President Schweder, affirming that he has spoken to Mr. Grubb, Mr. Hanna, and the Mayor has been involved, stated that appropriate actions will be taken to correct the matter.

Mayor Delgrosso confirmed that Mr. Grubb and Michael Palos, Chief Housing Inspector, met in his office today at 8:10 am, advised they will be researching what other communities have done about the issue, and information will be brought to a City Council Committee as quickly as possible.

Ms. Scrafano advised she has been told that a one year old pit bull who attacked her neighbor’s son is being hidden in the basement by the owner who was told to get rid of the dog or pay a $50,000 bond.

Christina Correa, 710 Atlantic Street, affirming she is the mother of the boy who was viciously attacked by the pit bull on May 8, explained that shortly after her son had been outside playing with his friends, she heard a commotion that sounded like dogs fighting. She then saw the pit bull across the street with the pit bull from next door, and her son running down the hill in total shock after having been attacked by a pit bull, exposing his leg muscle. Stressing that her son has been so traumatized by the attack, Ms. Correa asked why no one has stepped in to get rid of the dog and destroy it.

Mayor Delgrosso was informed by Ms. Correa there was a court order. Mayor Delgrosso told Ms. Correa to meet with Police Commissioner Donchez after the City Council Meeting.

In response to Mr. Gregory, Police Commissioner Donchez confirmed there is a leash law. Police Commissioner advised that residents do not have to give their name or testify because when the violation of the City’s dog ordinance is called in the Police who see it can make the arrest, although an Officer may have to rely on a citizen as a witness if the Officer does not see what happened when he arrives.

Police Commissioner Donchez further affirmed to Mr. Gregory that dogs cannot be at large and an owner can be cited when that occurs.

Tony Hanna, Director of Community and Economic Development, stated that Harvey Joseph, Acting Health Bureau Director, has been in contact with Police Commissioner Donchez to talk about deployment of the two part-time animal control officers. In addition, Mr. Hanna confirmed that the Department is investigating ordinances from other cities as the Mayor had noted. Mr. Hanna, stating the first thing that can be done is aggressive enforcement of the leash law, said if any dogs are at large citizens can call the Health Bureau or the Police Department. He added that the County SPCA can get involved as well.

Louise Valeriano, 3114 East Boulevard, asked if a dog that has bitten a child must be picked up and confined for fourteen days to be observed for rabies, and questioned whether the dog in question was picked up.

Mayor Delgrosso stated he will find out.

Ms. Valeriano suggested that the SPCA could be contacted about the dog being kept in the basement.

Alex Harvey, Streets Bureau employee, said when an individual is bitten by an animal and is treated in a hospital, the hospital notifies the party and the Police might notify the party. Mr. Harvey advised that the homeowner is obligated to confine the animal for a certain number of days to make sure it is not rabid. If there is a court order for the dog in question to be destroyed, Mr. Harvey stated that the place where the court order was initiated should be notified that the animal was not destroyed after which the magistrate or the judge can follow-up on the matter.

William Scheirer, 1890 Eaton Avenue, stated that the District of Columbia dealt with this problem about 3-4 years ago. Although the city came close to outlawing pit bulls and rottweilers, it did not because not all of them are vicious. Mr. Scheirer, affirming that when a dog attacks someone the dog is destroyed, remarked that is after the fact. Mr. Scheirer, expressing his thought that a point system could be established, exemplified that a certain number of points would be assessed when a dog is off its leash. When a certain number of points is reached, the dog would have to go to the pound.

14. ADJOURNMENT
The meeting was adjourned at 8:46 p.m.
ATTEST:

City Clerk