Council Minutes

June 1, 2004 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, June 1, 2004 – 7:30 PM – Town Hall

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

President J. Michael Schweder called the meeting to order. Reverend Thomas Lichner of Holy Trinity Lutheran Church offered the invocation which was followed by the pledge to the flag. Present were Ismael Arcelay, Jean Belinski, Robert J. Donchez, Gordon B. Mowrer, Magdalena F. Szabo, and J. Michael Schweder, 6. Joseph F. Leeson, Jr. was absent, 1.

Public Hearing – Liquor License Transfer – Allentown to Bethlehem

Prior to the consideration of the regular Agenda items, President Schweder called to order a Public Hearing to receive public comment on the Application for the Intermunicipal Transfer of Retail Liquor License Number E-03975 from Bertolo’s Pizzeria, 2431 Emaus Avenue, Allentown, Pennsylvania 18103 to Abe’s Six Pack and Deli, Inc., 1301 West Broad Street, Lehigh County, Bethlehem, Pennsylvania 18018, as required under Pennsylvania Liquor Code 47 P.S. Section 4-461(b.3).

Attorney George Baurkot affirmed that the request is to move an eating place liquor license from Bertolo’s Pizzeria, 2431 Emaus Avenue, Allentown, Pennsylvania 18103 to Abe’s Six Pack and Deli, Inc., 1301 West Broad Street, Lehigh County, Bethlehem, Pennsylvania 18018. Attorney Baurkot advised that his client is a corporation, and is owned by an individual who would like to make his hometown in Bethlehem and invest in Bethlehem. Noting there was formerly a gas station at the site and the pumps have been removed, Attorney Baurkot expressed the belief that the proposal is permitted under the Zoning code. Attorney Baurkot, pointing out it is an eating place license as opposed to a restaurant liquor license, explained it means no hard liquor or wine can be served, and only malt or brewed beverages; i.e., beer, can be served. Attorney Baurkot stated that his client does not intend to encourage consumption on the premises, and does not intend to have an entertainment license. Attorney Baurkot communicated that, in order for Council to deny the request, it would have to find that it must adversely affect the peace, health, welfare and morals of the neighborhood. Attorney Baurkot continued on to state that, if Council should approve the request, it must be in the form of the Resolution that Attorney Baurkot presented to Christopher Spadoni, City Council Solicitor.

Public Comment

William Scheirer, 1890 Eaton Avenue, advising that he talked to an individual in Harrisburg this afternoon, communicated it seems as though there is actually very little City Council can do tonight to stop this, even if they wanted to. Mr. Scheirer suggested that Council “fire a shot across the bows of the ship of state.” Mr. Scheirer stated that, in the case of this particular license, there has been no notice on the building about this possible transfer, and pointed out that he stopped at the site on his way to the meeting. Adding there is notice posted at Market Street and Heckewelder Place, Mr. Scheirer commented one would assume that, if notice of a transfer must be posted within the City, then notice should have to be posted of a transfer from one municipality to another. Mr. Scheirer, highlighting the fact that the name is Six Pack and Deli, commented that would imply there would be some carry-out. Mr. Scheirer, pointing out there are at least eight parking spaces at the site, thought one thing that may happen is that a six pack is purchased, and some drinking occurs inside a parked car. He observed this would be one more place the Police would have to check. Mr. Scheirer urged that City Council attach some conditions to the approval, such as perhaps a closing time of 9:00 p.m. Mr. Scheirer, stressing the situation is that Harrisburg decides whether or not a nightclub is appropriate for Market Street and Heckewelder Place, explained that is an example of the general point that “Harrisburg runs the show when it comes to liquor licenses.” Noting that, apparently, the City can only limit liquor licenses by excluding a certain class from a certain area of the City, Mr. Scheirer remarked “this is the only tool to fine tune the quality of life that amounts to a sledge hammer”, and added the City needs more finely tuned tools and less dramatic restrictions. Mr. Scheirer again urged City Council to send a message by attaching a condition to this approval.

President Schweder stated the appropriate Resolution will be placed on the Agenda for the June 15, 2004 City Council Meeting.

The Public Hearing was adjourned at 7:50 p.m.

4. APPROVAL OF MINUTES

The minutes of May 18, 2004 will be approved at the June 15, 2004 Meeting.

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

None.

6. OLD BUSINESS

None.

7. COMMUNICATIONS

A. City Solicitor – Use Permit Agreement – Greater Lehigh Valley Chamber of Commerce – 2004 Annual Golf Outing and Walla Gazoo Picnic
The Clerk read a memorandum dated May 27, 2004 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed Use Permit Agreement between the City and the Greater Lehigh Valley Chamber of Commerce for use of the Monocacy Complex and Ice Rink Area for the 2004 Annual Golf Outing and Walla Gazoo Picnic for the time period August 15, 2004 to August 18, 2004, according to the terms and conditions of the Agreement.

President Schweder stated that the authorizing Resolution will be listed on the June 15, 2004 Agenda.

B. City Solicitor – Use Permit Agreement – Senior Centers of Bethlehem – Parking Cars During Musikfest 2004

The Clerk read a memorandum dated May 27, 2004 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed Use Permit Agreement between the City and the Senior Centers of Bethlehem for use of Johnston Park for the purpose of parking cars during Musikfest 2004 for the time period August 6, 2004 to August 15, 2004, according to the terms and conditions of the Agreement.

Mrs. Belinski, Chairwoman of the Parks and Public Property Committee, stated she would like to call for a meeting on this matter, and that of the next Communication 7 C, since some information has come to her attention that she would like to have discussed with the Committee.

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

C. City Solicitor – Use Permit Agreement – Senior Centers of Bethlehem – Parking Cars During Celtic Classic 2004

The Clerk read a memorandum dated May 27, 2004 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed Use Permit Agreement between the City and the Senior Centers of Bethlehem for use of Johnston Park for the purpose of parking cars during the 2004 Celtic Classic, for the time period September 24, 2004 to September 26, 2004, according to the terms and conditions of the Agreement.

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

D. Director of Planning and Zoning – DCNR Grant – Railway in South Bethlehem

The Clerk read a memorandum dated May 17, 2004 from Darlene Heller, Director of Planning and Zoning, to which was attached a proposed resolution for the Department of Conservation and Natural Resources grant request for $100,000 for the acquisition of the abandoned Norfolk Southern Railway in South Bethlehem. The grant request has been approved by the DCNR.

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

E. Director of Planning and Zoning – Zoning Text Amendment – Side Yard Setbacks

The Clerk read a memorandum dated May 17, 2004 from Darlene Heller, Director of Planning and Zoning, requesting a Public Hearing be scheduled concerning a proposed amendment to Appendix A of the Zoning Ordinance to modify side yard setbacks in specific areas for single family attached dwellings which was approved at the Planning Commission’s Meeting of May 13, 2004.

Scheduling Public Hearing

Mr. Donchez and Mr. Mowrer moved to schedule a Public Hearing on Tuesday, July 20, 2004 at 7:30 p.m. in Town Hall.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. The motion passed.

F. Director of Public Works – Pedestrian Signal – 500-700 Blocks and East Market Street

The Clerk read a memorandum dated May 21, 2004 from Michael Alkhal, Director of Public Works, to which was attached a Resolution to erect, operate, and maintain a flashing pedestrian signal in the 500-700 blocks of East Market Street.

President Schweder stated that authorizing Resolution 11 B is listed on the Agenda.

G. City Solicitor – Proposed Ordinance Amending Article 335 – Realty Transfer Tax

The Clerk read a memorandum dated May 28, 2004 from John F. Spirk, Jr., to which was attached a proposed ordinance to amend Article 335 of the Codified Ordinances of the City of Bethlehem, entitled Realty Transfer Tax. By way of the Recorder of Deeds of Lehigh County and a question concerning Acquired Companies, it was determined that the Article be re-written in its entirety to comply with existing state law.

President Schweder stated that Bill No. 22 - 2004 is listed on the Agenda for First Reading.

8 . REPORTS

A. President of Council

Executive Session - Announcement

President Schweder announced that City Council will hold an Executive Session upon the adjournment of this City Council Meeting in the Mayor’s Conference Room for the City Solicitor to report to City Council concerning litigation.

B. Mayor

1. Administrative Order – Laurie Gostley –Hackett – Zoning Hearing Board

Mayor John B. Callahan read his reappointment of Laurie Gostley-Hackett to the Zoning Hearing Board effective until March 2007. Mrs. Belinski and Mr. Arcelay sponsored Resolution 14,384 to confirm the appointment.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. The Resolution passed.

2. Administrative Order – Donald R. Sillivan, Jr. – Zoning Hearing Board

Mayor John B. Callahan read his appointment of Donald R. Sillivan, Jr. to the Zoning Hearing Board effective until March 2007. Mr. Arcelay and Mr. Mowrer sponsored Resolution 14,385 to confirm the appointment.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. The Resolution passed.

C. Finance Committee

Mr. Donchez, Chairman of the Finance Committee, presented an oral report of the Committee’s meeting held June 1, 2004 prior to this evening’s City Council Meeting on the following subjects: Transfer of Funds – Health Bureau – HIV/AIDS Program Grant Reallocations; Amending General Fund Budget – Health Bureau: (A.) PA Department of Health Grant Reductions and (B.) LATCH Program.

D. Community Development Committee

Ms. Szabo, Chairwoman of the Community Development Committee, presented an oral report of the Committee’s meeting held June 1, 2004 prior to this evening’s City Council Meeting on the following subject: AIDS Program – Presentation.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 13 – 2004 – Amending General Fund Budget – Police Department – Overtime and Project Safe Neighborhood

The Clerk read Bill No. 13 – 2004 – Amending General Fund Budget – Police Department – Overtime and Project Safe Neighborhood, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. Bill No. 13 – 2004, hereafter to be known as Ordinance 4250, was declared adopted.

B. Bill No. 14 – 2004 – Amending Liquid Fuels Fund Budget – 2004 Allocation

The Clerk read Bill No. 14 – 2004 – Amending Liquid Fuels Fund Budget – 2004 Allocation, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. Bill No. 14 – 2004, hereafter to be known as Ordinance 4251, was declared adopted.

C. Bill No. 15 – 2004 – Amending Non-Utility Capital Budget – Community Development Programs

The Clerk read Bill No. 15 – 2004 – Amending Non-Utility Capital Budget – Community Development Programs, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. Bill No. 15 – 2004, hereafter to be known as Ordinance 4252, was declared adopted.

D. Bill No. 16 – 2004 – Amending Community Development Budget – HOME Program

The Clerk read Bill No. 16 – 2004 – Amending Community Development Budget – HOME Program, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. Bill No. 16 – 2004, hereafter to be known as Ordinance 4253, was declared adopted.

10. NEW ORDINANCES

A. Bill No. 17 – 2004 – Adopting New Article 1701 – Pennsylvania Uniform Construction Code

The Clerk read Bill 17 – 2004, Adopting New Article 1701 - Pennsylvania Uniform Construction Code, sponsored by Ms. Szabo and Mrs. Belinski, and titled:

AN ORDINANCE DELETING SECTIONS 1501, 1701, 1702, 1703, 1705 AND 1706 OF THE CODIFIED ORDINANCES OF THE CITY OF BETHLEHEM PENNSYLVANIA, AND ADOPTING NEW ARTICLE 1701, THE PENNSYLVANIA UNIFORM CONSTRUCTION CODE, ACT NO. 45-1999, NOTING CERTAIN DELETIONS AND CHANGES THEREFROM; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT HEREWITH.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. Bill No. 17 – 2004 was declared passed on First Reading.

B. Bill No. 18 – 2004 – Adopting New Article 1702 – Fees for the Enforcement of the Pennsylvania Uniform Construction Code

The Clerk read Bill No. 18 – 2004 – Adopting New Article 1702 – Fees for the Enforcement of the Pennsylvania Uniform Construction Code, sponsored by Ms. Szabo and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
PENNSYLVANIA, ADOPTING NEW ARTICLE
1702 OF THE CODIFIED ORDINANCES OF THE
CITY OF BETHLEHEM ENTITLED, FEES FOR THE
ENFORCEMENT OF THE PENNSYLVANIA UNIFORM
CONSTRUCTION CODE, ACT NO. 45-1999.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. Bill No. 18 – 2004 was declared passed on First Reading.

C. Bill No. 19 – 2004 – Adopting New Article 1703 - Requirements and Qualifications to Obtain Licensing to Perform Electrical Work Within the City of Bethlehem

The Clerk read Bill No. 19 – 2004 – Adopting New Article 1703 - Requirements and Qualifications to Obtain Licensing to Perform Electrical Work Within the City of Bethlehem, sponsored by Mrs. Belinski and Mr. Arcelay, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM, PENNSYLVANIA, ADOPTING NEW ARTICLE 1703 OF THE CODIFIED ORDINANCES OF THE CITY OF BETHLEHEM ENTITLED, REQUIREMENTS AND QUALIFICATIONS TO OBTAIN LICENSING TO PERFORM ELECTRICAL WORK WITHIN THE CITY OF BETHLEHEM.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. Bill No. 19 – 2004 was declared passed on First Reading.

D. Bill No. 20 – 2004 – Adopting New Article 1705 – Requirements and Qualifications to Obtain Licensing to Perform Plumbing Work within the City of Bethlehem

The Clerk read Bill No. 20 – 2004 – Adopting New Article 1705 – Requirements and Qualifications to Obtain Licensing to Perform Plumbing Work Within the City of Bethlehem, sponsored by Mrs. Belinski and Mr. Arcelay, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM, ADOPTING NEW ARTICLE 1705 OF THE CODIFIED ORDINANCES OF THE CITY OF BETHLEHEM, ENTITLED REQUIREMENTS AND QUALIFICATIONS TO OBTAIN LICENSING TO PERFORM PLUMBING WORK WITHIN THE CITY OF BETHLEHEM.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. Bill No. 20 – 2004 was declared passed on First Reading.

E. Bill No. 21 – 2004 – Amending General Fund Budget – PA Department of Health Grant Reductions and LATCH Program

The Clerk read Bill No. 21 – 2004 – Amending General Fund Budget – PA Department of Health - Grant Reductions and LATCH Program, sponsored by Mr. Donchez and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2004.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. Bill No. 21 – 2004 was declared passed on First Reading.

F. Bill No. 22 – 2004 – Amending Article 335 – Realty Transfer Tax

The Clerk read Bill No. 22 – 2004 – Amending Article 335 – Realty Transfer Tax, sponsored by Mr. Donchez and Mr. Mowrer, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 335 OF THE CODIFIED ORDINANCES
ENTITLED REALTY TRANSFER TAX.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. Bill No. 22 – 2004 was declared passed on First Reading.

11. RESOLUTIONS
A. Approving Disposition of Records – City Solicitor’s Office

Mrs. Belinski and Mr. Arcelay sponsored Resolution 14,386 which authorized the disposition of records from the City Solicitor’s Office listed on Exhibit A in accordance with the Municipal Records Manual.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. The Resolution passed.

B. Approving Flashing Pedestrian Signal – 500-700 Blocks of East Market Street

Mr. Mowrer and Mr. Donchez sponsored Resolution 14,387 which approved a flashing pedestrian signal in the 500-700 blocks of East Market Street in accordance with the Department of Transportation.

Ms. Szabo stated she would presume there will be three signals. Michael Alkhal, Director of Public Works, noting his recollection is there will be one signal head at Elm and Market Streets that would serve those three blocks, said he will check into the matter. Ms. Szabo inquired why the signal is being erected. Mr. Alkhal replied that, because of the Moravian Village development and the class of pedestrians anticipated in the area, this was envisioned as a way to enhance pedestrian safety. Ms. Szabo, inquiring whether it will cause any confusion with the current traffic flow, asked what type of signal will be installed. Mr. Alkhal responded it will be a flashing signal activated by a pedestrian pushing a button that will flash red, and there will be a cross walk at the location so that vehicles will yield to pedestrians crossing the street.

Mr. Mowrer queried whether there will be a stop light. Mr. Alkhal, replying no, explained that the signal when activated will flash red. In further response to Mr. Mowrer, Mr. Alkhal advised that vehicle operators will see the red flashing signal and demarcation on the road for a crosswalk. Mr. Mowrer asked if there are others in the City. Mr. Alkhal, responding there is a similar signal at Elizabeth Avenue, noted there are lights that flash in the street itself. Mr. Alkhal notified Mr. Mowrer that the signal at Elm and Market Streets will be located in an area where there is ample sight distance.

Ms. Szabo was informed by Mr. Alkhal that the flashing lights at Elizabeth Avenue are an experimental installation for pedestrians. Mr. Alkhal confirmed to Mr. Mowrer that the installation proposed for Elm and Market Streets is not experimental. Ms. Szabo expressed concern that there would be only one pedestrian crossing signal for the Moravian Village complex. Mr. Alkhal affirmed that he will notify Ms. Szabo of the number of signals to be installed.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. The Resolution passed.

Motion – Considering Resolutions 11 C through 11 G as a Group

Mr. Donchez and Mrs. Belinski moved to consider Resolutions 11 C through 11 G as a group.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. The motion passed.

C. Certificate of Appropriateness – 813 East Fourth Street

Ms. Szabo and Mr. Arcelay sponsored Resolution 14,388 that granted a Certificate of Appropriateness to paint a new sign on an existing awning at 813 East Fourth Street.

D. Certificate of Appropriateness – 740 East Fourth Street

Ms. Szabo and Mr. Arcelay sponsored Resolution 14,389 that granted a Certificate of Appropriateness to install a non-illuminated wall sign at 740 East Fourth Street.

E. Certificate of Appropriateness – 111-113 East Third Street

Ms. Szabo and Mr. Arcelay sponsored Resolution 14,390 that granted a Certificate of Appropriateness to renovate the existing façade of 111-113 East Third Street.

F. Certificate of Appropriateness – 313 East Third Street

Ms. Szabo and Mr. Arcelay sponsored Resolution 14,391 that granted a Certificate of Appropriateness to install a metal fire escape at 313 East Third Street.

G. Certificate of Appropriateness – 11 East Third Street

Ms. Szabo and Mr. Arcelay sponsored Resolution 14,392 that granted a Certificate of Appropriateness to install a flat wall sign at 11 East Third Street.

Voting AYE on Resolutions 11 C through 11 G: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. The Resolutions passed.

H. Transfer of Funds – Health Bureau – HIV/AIDS Program Grants

Ms. Szabo and Mr. Donchez sponsored Resolution 14,393 that transferred $19,159 in the General Fund Budget from the Health Bureau – Temporary Help Account to: $5,371 – NCDA AIDS, $1,000 – Equipment NCDA, $8,798 – AIDS Program and $3,990 – Equipment AIDS Program Accounts.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 6. The Resolution passed.

12. NEW BUSINESS

None.

13. COURTESY OF THE FLOOR

Northampton County Department of Health

William Scheirer, 1890 Eaton Avenue, related that in recent press articles it was noted that the consultant’s report to Northampton County on a proposed County health department maintained that the level of services now provided by the City to a population of 71,000 through the City of Bethlehem Health Bureau with 27 employees and a budget of $2.3 million would be provided by a Northampton County Department of Health to a population of 270,000 with 36 employees and a budget of $2.7 million. Mr. Scheirer remarked that a comparison of these figures “crosses the border into the land of make believe.” Mr. Scheirer continued on to state that a Northampton County department of health would provide benefits to 100,000 people per $1 million while the City provides the same benefits to 31,000 people per $1 million. Mr. Scheirer communicated this makes the County department 3.2 times as efficient per million dollars, but the average County employee would be only 2.9 times as efficient as the current City employee. Mr. Scheirer said there seems to be two conclusions: the county department of health is headed towards a fiscal fiasco if the projections are followed, and the City of Bethlehem will have to provide the services that still will not be provided by any County department of health.

Patriot Act

Joris Rosse, 1966 Creek Road, recounting he had mentioned at a previous City Council Meeting that the atmosphere in the country reminded him of when he was in Holland during World War II and Nazi Germany was gradually torquing up their ability to put away anybody for any excuse at their pleasure. Mr. Rosse stated that seems to be still part of the current situation in the United States. Mr. Rosse said that, since the time of the Constitution, the atmosphere of containing the freedom of the government to invade privacy or arrest with various conditions has both evolved and devolved. Communicating it now seems to be in a phase of devolution, Mr. Rosse expressed the government seems to be in a state of fear that it cannot easily put away people who they think might be in some way deleterious to society. Mr. Rosse said the curtailment being seen as a result of the Patriot Act must mean that the government fears it cannot put enough people away fast enough. Mr. Rosse remarked that the frightening large number of approximately 3 million people in jail, one of the highest rates globally, seems to imply the country is heading to a system that is out of control. Mr. Rosse stressed that, instead of ending terrorism, the government seems to be “hell-bent, as seen in Iraq especially, on creating the very…violent conditions that foster the recruitment of terrorists rather than reducing the incentives.” Mr. Rosse expressed the belief it is relevant to question the motives behind the Patriot Act that curtail liberties. Mr. Rosse communicated that the careful balance of power visualized under the Constitution has been successfully circumvented by a system of foreign binds to corporations. Mr. Rosse, referring to the draft Resolution circulated to the Members of Council, said it seems to begin very well but the proposal eliminates many of the forceful statements about affirming the will to maintain civil liberties that occur in the Constitution and civil rights. Mr. Rosse said that, in light of the wholesale circumvention occurring in the Government and the circumvention of the intention of the Constitution to the point of eliminating democracy as it used to be known, he is hoping that the Members of Council will find the courage in the Resolution to be strong about making a clear statement that realizing there is a great document in the Constitution “we want to make sure that those are not further circumscribed and circumvented…”.

Tattoo Parlors – Request to Regulate

Lucy Lennon, 527 Pine Street, affirmed that each Member of Council received a packet of information about tattoo parlors. Ms. Lennon, highlighting the fact that the City does not regulate tattoo parlors, pointed out there is no health inspection. Ms. Lennon pointed out that if someone gets a $35 business license, some ink, and a needle they can tattoo. Ms. Lennon observed that if someone gets sick after eating in her restaurant they may be out of work a few days and may not return to her restaurant. However, Ms. Lennon stressed that if someone gets sick after going to a tattoo parlor they can get a life-long disease. Ms. Lennon explained when she had contacted the Health Bureau to obtain the names of reputable tattoo parlors the attitude was it was not the Health Bureau’s problem and “buyer beware”. Ms. Lennon thought that, if the City can place laws on its books regulating what is done to a home in the historic district, then something that has to do with piercing someone’s skin should be looked at. Ms. Lennon, advising she had spoken to the City Solicitor in the past, noted it was indicated to her that since the State has no rules there is really nothing the City can do. Ms. Lennon, suggesting that someone from the City should go to tattoo parlors, noted that a professional would not have a problem working with the Health Bureau to help set up regulations. Pointing out the information she obtained from the computers at the Bethlehem Area Public Library indicated that the fastest growing segment of people getting tattoos are suburban women, Ms. Lennon stressed it is not only the “drunken sailors and crazy college kids” who are getting tattoos. Ms. Lennon said she would like City Council to take a look at the information she had distributed to them. Enumerating that hepatitis, tuberculosis, and possibly HIV are among the diseases from tattoo parlors, Ms. Lennon noted that the American Academy of Dermatology states that non-sterile tattooing practices have led to the transmission of syphilis, hepatitis-B, and other infectious diseases. Ms. Lennon explained she is suggesting the people who tattoo should be in a universal health precaution course, learn proper sterilization, and the City should have trained individuals go to tattoo parlors to check them.

Ms. Szabo, while noting she has learned about the matter through Ms. Lennon, advised that she had contacted the Health Bureau about the matter in the past. Ms. Szabo said she would like to pursue the feasibility of a Resolution or Ordinance for regulation and inspection of tattoo parlor operations. Ms. Szabo stated she was surprised to find out that barbers have to get a license and their businesses are inspected, but yet a person who does tattoos does not. Ms. Szabo said she would like to have the Community Development Committee pursue the feasibility of legislation.

Tony Hanna, Director of Community and Economic Development, in response to President Schweder, explained he does not recall a rationale for not regulating tattoo parlors. Mr. Hanna expressed that the Department would be happy to work with Council on reviewing regulations.

Five Points Area – Proposed Traffic Pattern Changes and Other Issues

Eddie Rodriquez, 535 Pulaski Street, advised that he brought some business owners and residents to the Meeting this evening concerning a traffic pattern change in the Five Points area. Mr. Rodriquez, with reference to a Morning Call newspaper article on May 26, 2004, noted it was reported that parts of Wyandotte Street and Broadway could become one way.

President Schweder, affirming that he spoke with Tony Hanna, Director of Community and Economic Development, informed Mr. Rodriquez there will probably be at least four more opportunities for public input, none of the suggestions are final, and Mr. Hanna has agreed there will be another public hearing before the matter comes to City Council.

Mr. Hanna, confirming it is planned to hold another public forum to discuss the specific plans and proposals for the Five Points traffic situation, explained these are only proposals and nothing will happen until after the Mayor and City Council have a chance to review recommendations.

Mr. Rodriquez, expressing the belief that the meeting held at Cathedral Church of the Nativity about plans and proposals to address the Five Points traffic situation was for selected individuals at a selected location, advised that hardly anyone knew about the meeting. Mr. Rodriquez queried how can the public know the final outcome of that meeting if hardly anyone knew anything about it to begin with.

Mr. Hanna, explaining that notice of the meeting was given by utilizing newspaper stories, advised there were several other forums in the neighborhood, and an invitation to attend the latest session was sent anybody who signed up for one of the neighborhood forums. Mr. Hanna, expressing concurrence with Mr. Rodriquez’s remarks, acknowledged that a better job could have been done with informing the public about the meeting. Mr. Rodriquez requested that the 49 individuals on the list he had given to Darlene Heller, Director of Planning and Zoning, be notified of meetings on the Five Points Traffic Study.

Mr. Rodriquez noted that Mr. Taggart, of the consulting firm, said he would take note of residents’ comments made at the meeting and try to incorporate them into a set of final recommendations to be presented to City Council. President Schweder informed Mr. Rodriquez that City Council has not yet received any recommendations. Mr. Rodriquez, observing that making the Five Points area of Broadway and Wyandotte Street by the McDonald’s restaurant one way from the Hill to Hill Bridge is being considered as the possible solution to the traffic backup and congestion, remarked there is already congestion there, in addition to West Third Street, the Hill to Hill Bridge and so on. Mr. Rodriquez said if the City proceeds with this as an alternative solution to alleviate traffic congestion that is not acceptable because he, along with others, believe strongly it will make matters a lot worse. Mr. Rodriquez explained it would make matters worse in view of the fact that Five Points is congested as is and there is no way of changing that unless a new highway is built. Mr. Rodriquez continued on to point out that if a new highway were to be built everyone in the vicinity would have to vacate the area. Acknowledging that businesses must come into the area from the Bethlehem Works project, Mr. Rodriquez stressed that to back it up with this traffic congestion is not the answer. Mr. Rodriquez asserted that one cannot go back to 15 or 20 years ago and now say that traffic congestion is going to be alleviated, because the area is going to be impacted with more traffic because of what is about to occur in the near future. He continued on to say when the Bethlehem Works development comes into the area “it will be by a hundred fold a lot worse, and business owners, and pedestrians, and the community residents are going to be hurt by all this.” While agreeing that the projected business development is something that will be beneficial, Mr. Rodriquez questioned how a pedestrian will be safely able to cross the street if the area is congested with more traffic as a result of future development. Mr. Rodriquez, querying if City officials have the solution for emergency vehicles trying to seek an alternative route into the area on a timely basis, remarked “you do not”. Mr. Rodriquez insisted there is no alternative route for emergency vehicles going into or out of the area. Mr. Rodriquez stressed the importance of the Ahart’s grocery store, as well as other businesses in the area, to the neighborhood, and the difficulty for trucks to park and make deliveries to the businesses. In addition, Mr. Rodriquez questioned how ambulances will be able to transport people to hospitals on a timely basis when there is traffic congestion in the Five Points area. Mr. Rodriquez requested that City officials to please consider what is about to happen before traffic pattern changes are instituted.

Mr. Rodriquez suggested there are individuals who are willing to sell their properties if asked in order that a parking deck in the Five Points area could be built, eliminating meters, for the public. Mr. Rodriquez stated that he, among others, oppose the suggested traffic pattern changes. Mr. Rodriquez added that a parking program is needed for business customers.

In an effort to help alleviate some of the traffic in the Five Points area, Mr. Rodriquez suggested that the two meters on the Pete’s Hot Dog restaurant side be eliminated which will widen the roadway further down towards the eastbound 400 block of Broadway, allowing more traffic to go into the left lane to Route 378.

Mr. Rodriquez wondered why business owners and residents are being asked to stop renovating their properties. Focusing on an alternative route from West Third Street to the Hill to Hill Bridge, Mr. Rodriquez noted that some businesses such as Ginny’s Luncheonette and Orchard Knoll on West Third Street may be bought or the owners will stop renovations because of the alternative span suggested to be built in the area. Mr. Rodriquez inquired if the City is going to allow these properties to be torn down. He continued on to question whether the City would take away the businesses and residences in the 400 block of Broadway after people worked so hard all their lives to make it their homes, and at what cost, in order to get what it wants to change the Five Points area.

Mr. Rodriquez asked City Council not to pass the traffic proposals “because it will hurt everybody in the long run…[and] because in the long run we will pay the cost.”

Mr. Rodriquez observed there are times when police cruiser cars and LANTA buses block the streets tying up traffic even more.

Mr. Rodriquez, while commending the City for the clean-up in the South Side areas, said “but we need more”.

Mr. Rodriquez, pointing out there are certain dogs who are not leashed and should be, thought there should be more enforcement. Mr. Rodriquez queried what characterizes a vicious dog.

Mr. Rodriquez, turning to trees in the 500 block of Ontario Street, said that James Smith, Superintendent of Streets, has agreed to cut some of the trees.

Mr. Rodriquez communicated that he will continue to be a part of community affairs, and not just in the Five Points area, because he cares about the City.

Mr. Rodriquez stressed there is a vicious cycle in the City that is drugs, including heroin. Mr. Rodriquez asked that City officials do something now about drugs in the Five Points area because residents and business owners are scared, and a lot of robberies are occurring, even while people sleep.

Five Points Traffic Pattern Changes

Jim Gaal, co-owner of Bethlehem Transmissions, said he is totally against the newly proposed traffic pattern changes in the Five Points area. Mr. Gaal, informing the Members that nearly 80% of his customers and deliveries come in and access his property from the Broadway entrance, pointed out if that is made one way they will not be able to come in that way, it will hurt his business, and he will probably lose some business. Mr. Gaal, advising he has been in business for 27 years, stressed he probably knows the area better than anybody. Mr. Gaal, focusing on congestion in the Five Points area during rush hour, noted from the Hill to Hill Bridge to the Five Points area it is not too often backed up because there are two lanes. However, Mr. Gaal pointed out it is backed up the hill because there is only single lane traffic. Mr. Gaal continued on to note that traffic clears up again going across the Five Points area past McDonald’s restaurant, except for the left turn going to McDonald’s. Mr. Gaal thought the biggest traffic congestion problem is at Third Street and Brodhead, and explained the problem is the single lane traffic that backs up from Brodhead and Third to Lehigh University. Mr. Gaal commented that, as Mr. Rodriquez stated, his suggestion would be to remove the meters near Pete’s Hot Dog restaurant, install two parking areas, possibly at the Five Points area and at Third and Brodhead so that business customers and residents could park there, make Brodhead two lanes on both sides, as well as Broadway from Brodhead to the Five Points which would eliminate most of the traffic. Mr. Gaal restated he is totally against making the roadway one way, thought it would make the situation worse, and pointed out it will not eliminate the problem at Third and Brodhead.

Robert Sacks, 519 Carlton Avenue, asked what would happen to the bus shelter if the street is made one way, and pointed out it would cause traffic to go the long way around. Mr. Sacks wondered if the School District has to be consulted regarding the issue. Mr. Sacks did not think the plan was fair.

President Schweder informed Mr. Sacks there has not been an endorsement of a plan by anybody, it is merely a recommendation, and City Council has not seen the particulars of a plan at this point. President Schweder notified him that the Members of Council will receive the plan and then will be able to set up a meeting and take public input.

Timothy Gaugler, stating he has a jewelry store at 331 Broadway, expressed he is very concerned about making the traffic pattern one way. Mr. Gaugler explained that business owners would like to hear more about the proposed plans before it would be “shoved down through our throats”. Mr. Gaugler felt that changing the road to one way would negatively affect the whole area. Mr. Gaugler thought there would have to be a red light in front of his store, and questioned how people would exit the bank building and the grocery store. Mr. Gaugler, remarking that the McDonald’s restaurant really interfered with the area, remarked it “was the worst thing that could ever happen to the South Side.”

Patriot Act

Peter Crownfield, 569 Brighton Street, with reference to the possibility of rolling back parts of the Patriot Act, said today there is an alert that the House of Representatives is trying to insert additional powers and sneak it through an intelligence authorization bill. Mr. Crownfield pointed out “this would enhance the FBI’s authority to obtain personal records without going to court just by issuing a national security letter…”. Further explaining it would limit the judge’s discretion concerning secret evidence in court, Mr. Crownfield noted the use of secret evidence denies the person the opportunity to challenge the validity of that evidence.

Five Points Traffic Pattern Changes

Ms. Szabo thanked the business owners who came forward to speak this evening concerning traffic pattern changes in the Five Points area. Ms. Szabo expressed her agreement with their comments, and felt it was “the dumbest plan ever presented.”

14. ADJOURNMENT
The meeting was adjourned at 9:40 p.m.
ATTEST:

City Clerk