Council Minutes
June 15, 2004 Meeting Minutes
BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, June 15, 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 Sandra Birchmeier of St. Mark’s Lutheran Church
offered the invocation which was followed by the pledge to
the flag. Present were Ismael Arcelay, Jean Belinski, Robert
J. Donchez, Joseph F. Leeson, Jr., Gordon B. Mowrer, Magdalena
F. Szabo, and J. Michael Schweder, 7.
Citation – Honoring Shirley A. Lutton
President Schweder read a Citation for Shirley A. Lutton
on the occasion of her retirement from the Controller’s
Office after 25 years of service to the City. The assembly
applauded Ms. Lutton and wished her well in her retirement.
Public Hearing – Rezoning Arden and Ravena Streets
From I – Institutional District to RG – Residential
District
Prior to the consideration of the regular Agenda items,
President Schweder called to order a Public Hearing to consider
a request of Joan Marie Ronca to rezone a parcel of land at
the northeast corner of Arden Street and Ravena Street from
I Institutional District to R-G Residential District bounded
on the east by Ravena Street, on the north by lands of Ann
M. and Anthony J. Vanic, on the west by lands of Joan Marie
Ronca, and on the south by Arden Street.
A. Director of Planning and Zoning - Rezoning Request –
Arden and Ravena Streets –
I – Institutional District to RG – Residential
District
The Clerk read a memorandum dated May 14, 2004 from Darlene
Heller, Director of Planning and Zoning, which stated that
at its May 13, 2004 meeting, the Planning Commission recommended
approval of the rezoning request.
B. Lehigh Valley Planning Commission – Rezoning Request
– Arden and Ravena Streets –
I – Institutional District to RG – Residential
District
The Clerk read a letter dated May 28, 2004 from the Lehigh
Valley Planning Commission which stated that at its May 27,
2004 meeting, the Commission reviewed the matter, considers
the selection of districts to be a matter of local choice,
and voted to offer no comment.
Planning and Zoning Director Comments
Darlene Heller, Director of Planning and Zoning, pointing
to a map of the area, explained that the parcel, highlighted
in yellow, proposed to be rezoned is one acre in size, and
fronts at Ravena and Arden Streets. Arden Street is a paper
street that has never been opened, and contains a large swale
or a ditch. Immediately behind the parcel, outlined in green,
is Saucon Park that is zoned Institutional. On all three of
the other sides of the parcel it is zoned RG – Residential.
Across the street on Ravena Street, a development of twenty
town homes has been constructed recently within the last few
years. To the South is the Saucon Woods condominium development,
a similar townhouse style development. Many of the other homes
in the area are single family homes that have been there for
several or many years. Ms. Heller, turning to pictures of
the site, pointed out it is wooded and flat, and the Saucon
Park area to the rear is also typically wooded. She continued
on to say to the back of the lot there may be some flood plain
areas, but are minor in that they are 500 year flood plains.
Ms. Heller communicated that the piece of property proposed
to be rezoned fits in with the RG – Residential zoning.
She noted that, in the agreement during the land swap, by
which the City sold property at the northeast corner of Arden
and Ravena Streets to Joan Marie Ronca, the developer did
agree that they would develop no greater density than the
town homes that are across the street, and added that the
development would mirror what has been recently developed.
Ms. Heller stated that Attorney Preston is at this evening’s
Meeting for the applicants.
Council Comments
Mr. Donchez asked if anything is going to be done for drainage
in case there is a problem with runoff since there is more
and more development in the area.
Ms. Heller responded, from the perspective of the Planning
and Zoning Bureau, that would be something that would be closely
looked at when the land development and subdivision for the
proposal is reviewed.
Attorney James Preston, representing the equitable owner,
Ashley Development, said to his left is Richard Brooks who
is a representative of Ashley Development, and it would be
more appropriate if Mr. Brooks would address the concerns.
Mr. Brooks replied that the engineering structures are being
looked at and benchmarks are being established. Mr. Brooks
stated that Ashley Development will take all necessary movement
to make sure that is taken care of.
Mr. Leeson inquired if there would be any advantage to vacating
Arden Street, which Ms. Heller had mentioned is a paper street,
and putting it on the tax roles, and further asked if there
would be any possibility it might be needed in the future.
Ms. Heller responded that, as part of the land swap, there
were some requirements in the conditions that the developer
would upgrade the ditch or swale that runs through the property
now since it needs to be improved to carry water more efficiently,
and the developer had agreed to that. Ms. Heller thought that
would serve the public better, and did not believe any public
street needs to run through at this point.
Mr. Leeson queried whether the City should retain ownership.
Ms. Heller, noting the street has not been opened for more
than 21 years, explained that since a swale runs through there
the City still has rights to improve or continue to utilize
that swale.
Mrs. Belinski recounted that, when the land swap came before
the Parks and Public Property Committee that she chairs, Mr.
Villani assured the Committee that the townhouses or condominiums
would be built a foot and a half above the flood plain. Mrs.
Belinski inquired whether the developer would also be doing
the same.
Mr. Brooks said “we’ll agree to those comments.”
President Schweder, observing that this type of development
would not be permitted under this zoning, noted it is being
approved because of the deed restrictions with the property.
President Schweder, commenting he does not know that Council
has seen the deed, deed restrictions, or covenants covered
by this, asked if Ms. Heller could tell Council what they
are.
Ms. Heller commented that within the document the developer
would be limited in the uses for the lot to the construction
of townhouses, owned as either fee simple or condominium use
only. Ms. Heller, in further response to President Schweder,
said that is based on the deed.
President Schweder observed what would hold the developers
to doing so are the deed restrictions on the property.
Ms. Heller pointed out that RG – Residential allows
single family, twins, town homes, and also garden apartment
developments. Advising that the Bureau would not want to see
garden apartment development, Ms. Heller explained the developer
agreed they would develop no denser than the construction
of town homes either fee simple or condominiums.
President Schweder inquired what holds them to that commitment.
Ms. Heller expressed the belief that the deed restrictions
would do that.
President Schweder asked does the deed say that and who
are the parties to the deed restriction.
Ms. Heller responded that the City is selling the land with
the covenant in the deed to originally Joan Ronca and now
the new equitable owner, Ashley Development. Ms. Heller further
informed President Schweder that as far as she knows they
would be the parties.
President Schweder queried if there is any reason other
than holding it to the deed restriction why the City would
not be more restrictive in the zoning as opposed to what the
City is being asked to do. President Schweder rephrased his
question by asking would the City be better off making the
zoning more restrictive since the City does not want garden
type apartments there, and inquired why would the City not
rezone the property to a zoning district that prohibits such
a development.
Ms. Heller replied she thinks the only zone that would prohibit
garden type apartments is RR – Residential. Since the
lot in question is one acre in size, the property would be
rezoned to something that abuts it and the restriction in
the deed would be provided.
President Schweder requested that a copy of the deed and
deed restriction be provided to the City Council Solicitor.
President Schweder commented he does not have any specific
problems with the proposal. However, President Schweder explained
what concerns him is the rezoning of the tract at Route 412
and Cherry Lane that was developed by Ashley Development.
The zoning was changed to two different categories. President
Schweder stressed there was never a mention of a motel to
ever be built there. President Schweder continued on to communicate
that he thinks all the Members of Council ended up believing
that the rezoning was being done based on the facts as they
were presented which were uses such as professional office
buildings, or a restaurant. Then, in less than a year’s
time after the tract was rezoned, it was changed by Special
Exception under the Zoning Ordinance which never comes back
to City Council. President Schweder recounted that, during
the public hearing, the concerns expressed by Hellertown residents
and others was that nothing would be built more than two and
a half stories high. Yet, the Special Exception grants four
and a half stories.
Ms. Heller explained that the two and a half story limitation
was for the residential portion, and did not have anything
to do with the CG – Commercial General zoning portion.
President Schweder pointed out that he does not think anyone
ever believed that was going to happen by Special Exception
in less than a year’s time after the property was rezoned.
Ms. Heller, affirming that the front corner was rezoned
to CG – Commercial General, said frankly it is a pretty
liberal commercial zoning district. Noting that a Special
Exception use is a permitted use in any zoning district, Ms.
Heller agreed with President Schweder that a motel was not
mentioned before the property was rezoned, but stated it is
a permitted use within that zoning district by Special Exception.
President Schweder remarked “but basically everything
is”. President Schweder observed that the developer
could come back tomorrow with another Special Exception for
the CG zone. President Schweder noted it is like classic “bait
and switch” because it was never presented to City Council
that was going to happen. President Schweder commented if
the City is party to the covenant and the deed in the matter
of the rezoning request for Arden and Ravena Streets then
that gives him some satisfaction knowing that the City would
have the right to have to agree to that before anything could
be changed. President Schweder explained that is why he raised
the concerns because he thought the way it was handled the
last time in the case of the rezoning of Cherry Lane and Route
412 was inappropriate.
Public Comments
Jeff Hunsicker, 1531 Ravena Street, asked how many town
homes are planned to be built.
Ms. Heller replied there is not a land development proposal
yet.
Mr. Hunsicker advised there are 27 town homes that were
developed across the street. Restating that his question was
about how much more development will take place, Mr. Hunsicker
explained as it is now the street is not adequately wide enough,
people are parking on the street, and motorists cannot get
up and down the street. Mr. Hunsicker stressed “the
last thing we need is 50 or 60 more cars parked on our street”
for a redevelopment of the wooded area that abuts a stream
as well.
President Schweder, while noting that the parcel requested
to be rezoned comprises one acre, highlighted the fact that
it will be adjoined to another parcel and asked how many acres
will be developed.
Ms. Heller confirmed that the same property owner owns an
abutting property that she believes is one and three-quarters
acres.
Mr. Hunsicker noted there are two very old homes in the
area and it appears those are owned by the developer as well.
Mr. Hunsicker stated if they are not now owned by the developer
they are probably going to be because there is a fence along
the street that has been slowly falling down since Ashley
Development built across the street. Mr. Hunsicker, remarking
it is probably going to grow from whatever proposal is initially
brought forward, pointed out that the “two abutting
properties would give a very expansive frontage to Ravena
Street from what is already there.”
Ms. Heller clarified that this developer did not build the
development across the street.
Sharon Walters, 1502 Ravena Street, advised it is alongside
Arden Street, and halfway along the ravine. Ms. Walters advised
what she has been hearing from someone who is selling his
home to the company that wants to build the project is that
the developer “assured these people before they would
sell their home that they would only agree to 36 more homes
on that site.” Ms. Walters,
explaining there really is no room for a lot more cars on
the street, informed the Members that people are parking on
the street, and in front of mailboxes so that she was unable
to get her mail. Consequently, Ms. Walters had to go to the
Post Office several times, and had to have a sign moved back
because if people park in front of the mailboxes the residents
will not get their mail. In addition, Ms. Walters advised
that garbage and recycling will not get picked up if cars
are parked in front. Ms. Walters added that any more homes
“is just going to really clog it all up more”.
President Schweder, informing Ms. Walters that the Ordinance
for the rezoning will appear on Council’s Agenda for
First Reading at its first meeting in July, indicated that
Council usually does not move the Ordinance on for Final Passage
until it is seen what will be done. President Schweder observed
that some more definitive answers are needed before final
approval would be given.
Ms. Walters notified the Members that a year and a half
ago when the homes were being built, residents had to wash
the sides of their houses, clean up the garbage, and she and
her husband cleaned up garbage that the developer left along
the area of the woods.
Michael Topping, 734 Fire Lane, along the Saucon Creek,
advised he is on the board of directors of Trout Unlimited
for the Saucon Creek. Mr. Topping said this particular type
of development is something that he has been in favor of for
many years. As a past employee in the City of Bethlehem’s
Planning Bureau for 34 years, Mr. Topping stated “this
particular development is not something that is in any way
evil or wrong. I think it’s a good idea. However, there
are some conditions that I’d like to see imposed.”
Focusing on Arden Street, Mr. Topping said Arden Street is
a storm sewer, and a way to get the storm water from Ravena
Street and from Hellertown to the Saucon Creek. Mr. Topping
commented that when one is talking about the storm sewer or
drainage ditch “we want to make sure that anything that
is done to it is done in a way that does not increase the
volumes or the speed of the water as it comes into the creek.
We don’t want it washing out the creek. So any improvements
that are made, I hope that is kept in mind that obviously
you fill with rip-rap, or whatever, to make sure that these
velocities are kept under control.” Turning to maps
showing the existing ownership of the properties involved,
Mr. Topping distributed them to the Members of Council. Mr.
Topping pointed out there is a triangular piece of ground
that he noted as belonging to Mr. Vanick, it is behind his
main piece of ground which is 1410 Ravena Street, and is zoned
Institutional and part of the Saucon Park plan. Stating he
would like that to stay that way, and does not want to see
that piece of ground utilized as part of this development,
Mr. Topping emphasized that he would like to see it stay as
Institutional zoning and Institutional use. During this development,
Mr. Topping said Ravena Street is going to be widened, as
the developer on the east side had to do, and probably sidewalk
and curbs will be put in along the west side of Ravena Street
and it would be widened to its basic right of way which, Mr.
Topping assumed, would be a 50 foot right of way with a 34
foot cartway. Mr. Topping added that is the minimum standard
street in a residential area. As the parcel is developed,
Mr. Topping said he thinks City staff would want to make sure
that there is off-street parking. Referring to comments made
earlier about parking in the street, Mr. Topping explained
that for the townhouses on the east side of the street there
are two off-street parking spaces for each unit as called
for under the code. However, he noted, whether or not it is
being utilized is another question, and there could be three
or four cars in a family. Mr. Topping expressed that everyone
should understand that at least two off-street parking spaces
as an average would be provided for the units in this development.
Mr. Topping next stated “we want to make sure that the
development that takes place in fact meets the RG density
requirements.” Mr. Topping advised that the land across
the street was not zoned RG at the time the development was
initially approved, there was a rezoning so that a combination
of density was utilized, and the development that took place
was a sort of hybrid of RG. Mr. Topping remarked “when
people say that they’re going to build to the same density
as across the street, that’s not really what we want.
We want them to build to an RG density…”. Mr.
Topping said the trade of land that has taken place is something
that he personally has been in favor of for years which is
to get the rear portion of the property which is adjacent
or closest to the creek into City hands, and to then have
a reasonable development along Ravena Street for the properties
that face Ravena Street. Mr. Topping restated he would like
to see the triangle piece of land noted as Vanic on the map
added to the City owned properties. He continued on to say
the other half of the triangle belongs to the City, the piece
directly north belongs to the City, and the piece directly
south belongs to the City because of the land swap. Mr. Topping
pointed out that would give a nice swath of land adjacent
to the creek that would act as a buffer and protect the creek.
Dominic Villani said he is the person who basically put
these two things together. Focusing on uses allowed in the
I Institutional zoning district, Mr. Villani noted that Mr.
Ronca was approached many times while considering the land
swap and it was indicated that a drug and alcohol rehabilitation
could be built here. Mr. Villani communicated that everyone
should realize what is proposed for the parcel is going to
blend into the existing community. Mr. Villani, turning to
Mr. Topping’s comments, said the triangular piece in
the back does not abut the creek. Mr. Villani advised that
existing Arden Street is an unstabilized ditch. Mr. Villani
explained that Stephen Desalva, City Engineer, visited the
site about a month ago and looked at the existing ravine on
the other side of the street. Mr. Villani remarked that swale
is all slag, the water comes down, picks up the slag and moves.
Focusing on water running into the creek, Mr. Villani said
the property does not go back that far, it goes 180 feet back,
and the creek is another 200 or 300 feet below that.
President Schweder stated the appropriate Ordinance will
be placed on the July 6, 2004 City Council Agenda for First
Reading.
The Public Hearing was adjourned at 8:06 p.m.
4. APPROVAL OF MINUTES
The minutes of May 18, 2004 and June 1, 2004 were approved.
5. COURTESY OF THE FLOOR (for public comment on ordinances
and resolutions to be voted on by Council this evening)
None.
6. OLD BUSINESS
Community Policing Task Force
Mr. Arcelay, focusing on the formation of the task force
on community policing, thanked Mayor Callahan for taking the
opportunity to listen to William Fitzpatrick, a block watch
leader for the Center Street block watch, who came up with
the excellent idea after going out into the community for
many months and listening to concerns about Police efforts.
Mr. Arcelay recounted that, at the April 20, 2004 City Council
Meeting, the issue of community policing was supposed to be
moved to the Public Safety Committee. What has transpired
since then, Mr. Arcelay pointed out, is the formation of a
task force. While acknowledging it was needed, Mr. Arcelay
noted what concerns him is how it was done. Mr. Arcelay said
he would ask the Mayor to reconsider allowing public input.
Mr. Arcelay recalled that, in his discussions about community
policing, he spoke about empowerment, and added that a lot
of people in the block watches were feeling disempowered.
Mr. Arcelay, stating that the only thing he saw in the newspapers
to make the matter public was an article about the fact that
a task force was formed, asserted that the opportunity to
join the task force was not given to constituents. Mr. Arcelay,
noting he approached Mayor Callahan twice concerning the matter,
said he is approaching the Mayor the third time. Mr. Arcelay
said he would encourage the Mayor to listen and to be more
sensitive to the concerns of the citizens on their ability
to be able to join the task force. Mr. Arcelay requested that
the first meeting of the task force tomorrow be an open meeting,
and one at which people would be given the opportunity to
join. He further asked that an announcement be made that the
meeting will be open forum, and if anyone wants to join they
have the opportunity to be at the meeting tomorrow.
Mayor Callahan explained that William Fitzpatrick, a Block
Watch leader, did come forward with a recommendation that
a task force be formed based on concerns that a number of
the block watches had regarding the commitment to Community
Policing in the City as it related to staffing levels and
the manning of Police Substations. Mayor Callahan communicated
that Mr. Fitzpatrick came forward with what the Mayor thought
was a very good idea and a positive step forward to try to
clear up some of the miscommunication. Mayor Callahan advised
that the seed of the idea of a task force that would address
Community Policing came from a multi-block watch meeting that
was headed by Mr. Fitzpatrick. It was discovered at the meeting
that although block watches are in separate parts of the cities
they have many of the same concerns about patrolling, staffing,
and other issues. Mayor Callahan, noting he was very receptive
to the idea of forming a task force, thought it made a great
deal of sense, and could go a long way to clarifying some
of the miscommunications and setting up a dialogue. Mayor
Callahan, adding he decided to partner with Mr. Fitzpatrick
and come up with a model for a task force, commented that
he relied heavily on Mr. Fitzpatrick’s input and advice
since Mr. Fitzpatrick has a great deal of awareness of the
members of the various block watches. Mayor Callahan explained
that together they sat down and built what they thought would
be a broad cross-section of the community’s block watch
groups. Mayor Callahan stated there are four members of South
Side block watches, three from the North Side, and one from
West Bethlehem on the Community Policing Task Force. Mayor
Callahan continued on to say that also represented on the
task force side are Mr. Arcelay who had expressed a willingness
to take part on the task force, and Mr. Donchez who has long
had an interest in public safety and block watches. Mayor
Callahan enumerated other task force members including Mayor
Callahan, the Police Commissioner, the Deputy Police Commissioner,
a number of past and present Community Police Officers, and
Michael Palos, Housing Inspector. The Executive Director of
the Pennsylvania Regional Community Policing Institute has
agreed to participate and will make a presentation at tomorrow
evening’s meeting. Mayor Callahan expressed his thought
that there is a broad cross-section of departments, Council,
the Administration, the Mayor, and some outside experts as
well to help facilitate the task force. Mayor Callahan explained
that the task force was announced in a very public setting,
and to try to raise awareness of it. While recalling it was
brought to his attention at the last City Council Meeting
that perhaps the block watches were relied on too heavily,
and commenting that he saw that as a valid criticism, Mayor
Callahan noted that the concern was generated among the block
watches and he wanted to give them as much representation
as possible. Mayor Callahan affirmed that the four individuals
recommended by Mr. Arcelay for participation on the task force
have been asked. Mayor Callahan communicated he has attempted
to create a task force that will be effective, efficient,
and have high output, it is not meant to include everybody,
and he recognizes the need to limit the number at some point.
Mr. Arcelay, while stressing that he does not want a task
force of 40 or 50 people, commented that if he would not have
had conversations with the Mayor concerning the involvement
of the Spanish Speaking Council and the YWCA then they would
not have been part of it, as well as Grace Deliverance Church.
Mr. Arcelay restated that he wanted to give people the opportunity
to be part of the task force and to start it off on the right
foot.
Mr. Mowrer queried whether Mr. Arcelay wants the first meeting
to be an open meeting. Mr. Arcelay explained he wanted to
have the first meeting open with an announcement asking if
anyone is interested.
Mayor Callahan explained that his concern in his discussions
with Mr. Arcelay was that Mr. Arcelay wanted to have it open
to everybody. Upon his questioning Mr. Arcelay what would
happen if 100 people attended, Mayor Callahan advised in that
case Mr. Arcelay said a criteria could be established to eliminate
people. Mayor Callahan continued on to explain he did not
want a situation where someone who came to be part of the
task force was told they did not meet the criteria. Mayor
Callahan reiterated that at some point there has to be a cutoff
and reliance on the fact that the best group possible was
created that is a representative sample of a cross-section
of the community. Mayor Callahan noted that he has no issue
with having it being an open meeting, but added his concern
is that at some point it will be unproductive.
Mr. Donchez said the Mayor and Mr. Fitzpatrick deserve a
lot of credit for forming this advisory committee. Mr. Donchez
thought the group was a very fair, balanced, and representative
size of a committee. While expressing he thinks it would be
a mistake to have a public meeting tomorrow, Mr. Donchez stressed
he thinks it is essential and important to have a meeting
later on. Mr. Donchez observed that the first meeting tomorrow
would be more organizational, and would solidify the goals
and objectives. Mr. Donchez pointed out that the success of
the committee has to be driven by the citizenry. Mr. Donchez
noted that at the end when a report is completed, the Public
Safety Committee should be given the final report with the
recommendations. Mr. Donchez remarked that in order for a
committee to be effective there cannot be 30 or 40 participants,
but felt it was important to get citizen input once the task
force is organized and formulates its goals and objectives,
and to have it publicized by a press release.
Ms. Szabo expressed her agreement with Mayor Callahan, and
noted that Mr. Donchez said what she wanted to say. Ms. Szabo
also expressed her agreement with Mr. Arcelay that there is
a time when there should be more public knowledge of what
is happening. However, Ms. Szabo stated at the very beginning
is not the time.
In response to Mr. Arcelay, Mayor Callahan confirmed that
the YWCA is part of the task force, and it is also open to
Grace Deliverance Church.
Mayor Callahan informed President Schweder that he has no
problem if the press wants to come to the meeting and it may
help let the greater community understand what is taking place.
Renaming City Center Plaza – Payrow Plaza
Mr. Mowrer, recalling that some time ago he suggested that
City Council consider renaming the City Center Plaza as the
Payrow Plaza, stated that he would like to recommend that
the matter be referred to the Parks and Public Property Committee
to take action and make a recommendation to City Council.
President Schweder affirmed that the matter has been referred
to Committee.
7. COMMUNICATIONS
C. Assistant City Solicitor – Records Destruction –
Tax Bureau
The Clerk read a memorandum dated June 7, 2004 from William
Alexander Karras, Assistant City Solicitor, to which was attached
a proposed resolution to destroy the records from the Tax
Bureau listed on the attached exhibit according to the Municipal
Records Retention Act.
President Schweder stated that the authorizing Resolution
will be placed on the July 6, 2004 Agenda.
D. Director of Planning and Zoning – Zoning Text Amendment
– Shopping Center District Regulations – Revisions
The Clerk read a memorandum dated June 11, 2004 from Darlene
Heller, Director of Planning and Zoning, requesting changes
to the text of the CS – Shopping Center Zoning District
with regard to permitted use and height provisions.
President Schweder stated that this proposal will be reviewed
at the scheduled July 6 Public Hearing.
8 . REPORTS
A. President of Council
None.
B. Mayor
1. Administrative Order – Andrew Twiggar – City
Planning Commission
Mayor Callahan reappointed Andrew Twiggar to the City Planning
Commission effective until April 2009. Mr. Donchez and Mr.
Leeson sponsored Resolution 14,394 to confirm the appointment.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
2. Administrative Order – Mary Pongracz – South
Bethlehem Conservation District Commission
Mayor Callahan reappointed Mary Pongracz to the South Bethlehem
Conservation District Commission effective until April 2007.
Mr. Donchez and Mr. Leeson sponsored Resolution 14,395 to
confirm the appointment.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
3. Administrative Order – Robert Cohen – Fine
Arts Commission
Mayor Callahan reappointed Robert Cohen to the Fine Arts
Commission effective until May 2007. Mr. Donchez and Mr. Leeson
sponsored Resolution 14,396 to confirm the appointment.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
C. Community Development Committee
Ms. Szabo, Chairwoman of the Community Development Committee,
presented an oral report of the Committee’s meeting
held June 15, 2004 prior to this evening’s City Council
Meeting on the following subject: South Bethlehem Historic
Conservation District – Guidelines for Design and Signage.
9. ORDINANCES FOR FINAL PASSAGE
A. Bill No. 17 – 2004 – Adopting New Article
1701 – Pennsylvania Uniform Construction Code
The Clerk read Bill No. 17 - 2004, Adopting New Article
1701 – Pennsylvania Uniform Construction Code, on Final
Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No.
17 – 2004, hereafter to be known as Ordinance 4254,
was declared adopted.
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, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No.
18 – 2004, hereafter to be known as Ordinance 4255,
was declared adopted.
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, on
Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No.
19 – 2004, hereafter to be known as Ordinance 4256,
was declared adopted.
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, on
Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No.
20 – 2004, hereafter to be known as Ordinance 4257,
was declared adopted.
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, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No.
21 – 2004, hereafter to be known as Ordinance 4258,
was declared adopted.
F. Bill No. 22 – 2004 – Amending Article 335
– Realty Transfer Tax
The Clerk read Bill No. 22 – 2004, Amending Article
335 - Realty Transfer Tax, on Final Reading.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No.
22 – 2004, hereafter to be known as Ordinance 4259,
was declared adopted.
10. NEW ORDINANCES
None.
11. RESOLUTIONS
A. Approving Liquor License Transfer – 1301 West Broad
Street
Mrs. Belinski and Mr. Arcelay sponsored Resolution 14,397
which approved the intermunicipal transfer of Eating Place
License No. E-03975 from Bertolo’s Pizzeria, 2431 Emaus
Avenue, Allentown PA 18103 to Abe’s Six Pack & Deli,
Inc., 1301 West Broad Street, Lehigh County, Bethlehem PA
18018.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
B. Authorizing Use Permit Agreement – Greater Lehigh
Valley Chamber of Commerce – Walla Gazoo
Mr. Donchez and Mr. Leeson sponsored Resolution 14,398 which
authorized the Mayor and the Controller to execute a 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.
Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr.
Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
Motion – Considering Resolutions 11 C through 11 H
As A Group
Mr. Leeson and Mr. Donchez moved to consider Resolutions
11 C through 11 H as a group. Voting AYE: Mr. Arcelay, Mrs.
Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo,
and Mr. Schweder, 7. The motion passed.
C. Certificate of Appropriateness – 79 West Market
Street, Suite 400
Mr. Donchez and Mr. Leeson sponsored Resolution 14,399 that
granted a Certificate of Appropriateness to install a sign
with external illumination at 79 West Market Street, Suite
400.
D. Certificate of Appropriateness – 425 Center Street
Mr. Donchez and Mr. Leeson sponsored Resolution 14,400 that
granted a Certificate of Appropriateness to construct two
masonry piers to terminate the new cast iron fencing at 425
Center Street.
E. Certificate of Appropriateness – 218 East Market
Street
Mr. Donchez and Mr. Leeson sponsored Resolution 14,401 that
granted a Certificate of Appropriateness to install wrought
iron fencing and gate at the front of the property at 218
East Market Street.
F. Certificate of Appropriateness – 346 West Street
Mr. Donchez and Mr. Leeson sponsored Resolution 14,402 that
granted a Certificate of Appropriateness to alter the exterior
of 346 West Street.
G. Certificate of Appropriateness – 30-32 West Market
Street
Mr. Donchez and Mr. Leeson sponsored Resolution 14,403 that
granted a Certificate of Appropriateness to paint the exterior
at 30-32 West Market Street.
H. Certificate of Appropriateness – 51 East Wall Street
Mr. Donchez and Mr. Leeson sponsored Resolution 14,404 that
granted a Certificate of Appropriateness to paint the exterior
of 51 East Wall Street.
Voting AYE on Resolutions 11 C through 11 H: Mr. Arcelay,
Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo,
and Mr. Schweder, 7. The Resolutions passed.
12. NEW BUSINESS
None.
13. COURTESY OF THE FLOOR
Community Policing Task Force
William Scheirer, 1890 Eaton Avenue, commented there are
two refinements that could be immediately made to make the
work of the Community Policing Task Force more effective.
Mr. Scheirer, communicating that the goal of community policing
is to make the community feel included and a partner, said
only in this way can it come forward with the detailed information
that makes the Police more effective and the City safer. Expressing
his understanding that the task force’s first meeting
tomorrow will be organizational and closed to the public,
Mr. Scheirer believed this inadvertently and unfortunately
sends a discouraging signal that the community is welcome
only to a point. Continuing on to note there are eight officials
including two Council Members and eight representatives of
Block Watches on the task force, Mr. Scheirer observed that
members of other Block Watches as well as citizens who are
not Block Watch members who might be able to make a significant
contribution are left out, again sending a message that general
community involvement is welcome only up to a point. Mr. Scheirer
expressed his belief that rescheduling the initial meeting
of the Community Policing Task Force with the announcement
that the public is welcome to come and will be allowed to
elect an additional eight members will result in a stronger
set of recommendations and stronger Police-community relationships.
Mr. Scheirer felt this will make the meetings longer and less
sedate, but the result will be worth it.
Patriot Act
Addison Bross, 258 E. Market Street, noted that he has read
in the newspapers that City Council has decided not to entertain
the proposal for a Resolution that would protect the citizens
of Bethlehem from undue ravages of their civil rights by the
USA Patriot Act. Mr. Bross believed City Council’s decision
is based on an unfortunate misunderstanding of what the people
who have proposed the Resolution are seeking. Making the observation
that the decision not to consider a Resolution is based on
the grounds that it is not City business and those who are
proposing the Resolution are asking City Council somehow to
meddle in federal or national affairs, Mr. Bross said, on
the contrary, it is the Patriot Act that would ask even local
Police officials and others to meddle in local affairs. Mr.
Bross continued on to say, under the Patriot Act, on very
slim and unstable ground, federal agents have the authority
to search homes and offices without notifying those persons
who are the subjects of search. Under the Act, such agents
have the right to seize library borrowing records so that
what a citizen reads or watches as a video is no longer strictly
that citizen’s private business. Mr. Bross stressed
that citizens of the City are subject to this threat. Mr.
Bross, commenting that in entertaining and passing such a
Resolution City Council is not being asked to address national
affairs, communicated that the proponents would like to see
the records of the Bethlehem Public Library and offices in
the City protected from such searches. Mr. Bross continued
on to say proponents would like to have Bethlehem avoid the
shame of federal agents enlisting the aid of local Police
Officers of the City in ungrounded searches which are possibilities
under the Patriot Act. Mr. Bross related that, last year at
Drake University in Des Moines, Iowa after an anti-war rally
was held, federal agents demanded the list of names of organizers
so they could be put on the list of suspects. Mr. Bross said
“fortunately Des Moines, Iowa was ready for this challenge.
Ultimately, the federal agents had to back down. As a citizen
of Bethlehem, I don’t want to see Bethlehem less prepared
than Des Moines, Iowa for such a heinous,…shameful,…nasty
event as this. While we can decide that this is not a City
issue, this is national issue, and we can go to our congresspersons
and ask that they begin to modify the law, while they are
deliberating, how many searches of library records will have
been completed. How many names of Bethlehem citizens will
wind up on suspect lists because the USA Patriot Act provides
exactly for this.” Mr. Bross said his request is only
that this point of confusion be removed from the discussion
so that the possibility of passing a Resolution can be entertained,
and because once citizens of Bethlehem are relieved from the
notion that this is not City business, the Resolution can
move forward to provide protection for citizens and their
families. Mr. Bross said he believes “City Council will
rise to the opportunity.”
Ellen Buck, 1221 Seidersville Road, pointed out that section
2161 of the Patriot Act requires judges to approve a wire
tap without knowing who is to be tapped, or where the tap
is to be placed. Ms. Buck said she does not want that to happen
to her and expressed the hope that Council would protect her.
Ms. Buck communicated that Council has the chance to do the
right thing by considering the Resolution in opposition to
the Patriot Act. Ms. Buck asked Council to protect the rights
that the forefathers have endeavored to build up for citizens,
and to protect her.
Diane Pietro, 1223 E. Third Street, stated Mr. Bross has
stated much more succinctly everything she wanted to say.
Ms. Pietro said she is curious as to why, when it was decided
that this would be discussed this evening, it was drawn back
as not a matter of City business when Council has been hearing
citizens of the City stating for months that this was a very
real concern. Ms. Pietro commented that she would like to
hear the matter discussed.
Community Policing
Peter Crownfield, 569 Brighton Street, stated that Community
Policing is about partnership and not about input.
Patriot Act
Mr. Crownfield, noting he has heard that Council is considering
sending a letter to various elected officials in Washington
expressing concern about the Patriot Act, remarked he would
urge Council to do so and thinks it is a good thing. However,
Mr. Crownfield stressed it is no substitute for a Resolution
that protects, in the ways that Mr. Bross so eloquently described,
the citizens and non-citizens of Bethlehem. Pointing out there
are a lot of students and people who are concerned about the
matter in Bethlehem, Mr. Crownfield stated that Council has
well within its power the ability to do something about it.
Mr. Crownfield said “if you seriously think that sending
a letter to Washington and asking Senator Santorum and Congressman
Toomey and Senator Specter and think that will protect us
here in Bethlehem then you’re far more naïve than
I ever would have thought.” Mr. Crownfield, pointing
out there are many reasons why the Resolution is City business,
remarked that protecting safety and security of the residents
is probably one of the biggest parts of the City budget. So,
protecting safety is an important issue. Observing that the
importance of the peace of the City and welfare and safety
of the residents have been mentioned, Mr. Crownfield stressed
they are all issues under the Patriot Act and are very much
City business. Mr. Crownfield, pointing out that when federal
authorities call on local police to help that is done at taxpayer
expense, restated it is a matter of City business. Noting
he has heard from some Council Members serious concern that
this would set some precedence and open the floodgates to
other requests, Mr. Crownfield said he does not think it is
a realistic concern but he has heard that Bethlehem has previously
taken positions on national issues by Resolution.
Joris Rosse, 1966 Creek Road, expressed that he will delve
deeper into some of the things that are already going on in
the United States and abroad that would give reason to be
quite on edge about the intentions of the government. Advising
that the Patriot Act does not stand alone, Mr. Rosse noted
there is talk about follow-up Patriot Acts to press harder
to give power to the law enforcement agencies. Since the administration
senses there is broad and sweeping opposition to the first
Patriot Act, Mr. Rosse said they are finding different ways
to tack amendments onto various legislation when the rush
comes on to getting an omnibus bill passed. Mr. Rosse continued
on to say that the amendments, which can come at the very
last minute and are not understood or seen by most of the
legislature, get passed. He added that several efforts of
that nature have been witnessed and amendments passed. Mr.
Rosse, communicating “we would like you very much to
reconsider your decision on passing a Resolution”, pointed
out that he knows from records he has seen that there is precedence
since such a Resolution was passed during the Vietnamese war
time. Mr. Rosse stressed it is every bit as important now
that the City stand up and be counted along with the more
than 300 other cities, representing a total of over 50 million
American citizens who have stood up and requested status in
that they do not support many aspects of the Patriot Act.
Mr. Rosse asserted that a City Resolution, and certainly an
Ordinance, would be a very meaningful and important statement
that would help send a message to the federal government.
Mr. Rosse enumerated signs that citizens are being manipulated
into a form of government quite abhorrent to what the founding
fathers and the vast majority of people want. He communicated
that techniques and approaches commonly used in dictatorships
are already observed. Mr. Rosse listed examples including
keeping the public in a state of fear, growing control of
the media, equating yellow ribbons with support for the war
and not of the troops, waiving of the flag, torture of prisoners,
murdering of prisoners, profiling, Arabs and Muslims who were
U.S. citizens who disappeared after September 11, 2001 with
no notification to their loved ones and no access to seek
legal help and who were incarcerated, naming people as terrorists
who have no rights and who have been assassinated, and arguing
that torture is legal if it is done off the continental United
States. Mr. Rosse stressed that to try to give a comprehensive
listing would take a book. Mr. Rosse communicated that people
need to stand tall and together. Mr. Rosse added “we
have to use every wit we have to maintain our independence
and our dignity, and to preserve some form of democracy in
our country, and please help us in this very important business,
and it is Bethlehem City business.”
Joann Jones, 1966 Creek Road, stated that the purpose of
City government is to protect its citizens. Pointing out that
other city governments have considered the Patriot Act as
their business, Ms. Jones noted that they have adopted Resolutions
against it. Highlighting the fact that Bethlehem City Council
in the past has adopted Resolutions and sent them to the federal
government to state an opinion contrary to the federal government’s
policy, Ms. Jones said she has a copy of the Resolution from
1970 that was adopted in opposition to expanding the Viet
Nam war. Saying it is because of public opinion that the Viet
Nam war was finally ended, Ms. Jones asserted there has been
far more opposition to the war in Iraq. Ms. Jones stressed
that a democracy cannot be protected by taking away the democratic
rights of citizens, and the way democracy is kept is by people
stating their opinions and views, and local government is
the way that is done when local people come to the local government.
Ms. Jones turned to the audience to inquire how many people
would like Bethlehem City Council to adopt a Resolution against
the Patriot Act, and almost all raised their hands. Ms. Jones,
expressing that the administration proposed an Act that will
silence the citizens of the country, explained that is what
people are asking City Council to say no to since it does
not fit with the Bill of Rights and the Constitution. She
exclaimed that the bait and switch is a regular practice.
As a person of mixed heritage for generations, Ms. Jones said
she grew up in the South in the midst of the civil rights
movement and so she knows what it is like to live in a community
filled with fear, irrationality, and hate, and that justifies
inhumane uses of the law to do things to one set of people
and not others. Ms. Jones stated that, to her, the Patriot
Act is an extension of that policy to everyone. Ms. Jones
communicated that one of the reasons why the civil rights
movement was won was because people at the time said “if
you can do it to any of us, it can be done to all of us.”
Ms. Jones said she sees the Patriot Act going exactly in that
direction. Ms. Jones stated that the administration and writers
of the Patriot Act have been quoted as saying they hope local
governments go bankrupt so they can be privatized. Ms. Jones
remarked it is clear that the writers and proponents of the
Patriot Act have no regard for civil society, feel that they
have the right to buy democracy, and have no regard for U.S.
citizens no more than for anybody else in the world who has
a different opinion. Ms. Jones, noting she has heard from
people who support the Patriot Act that if someone is innocent
they do not have anything to worry about, stressed if one
looks at documentation on how many innocent people are incarcerated
in this country while guilty CEO’s go free then people
would not say that. Ms. Jones advised that she and her children
have been stopped and investigated and interrogated on the
streets of Bethlehem “simply based on the way we look
more than once.” Ms. Jones asked City Council to represent
the opinion of the citizens who have come to City Council
tonight and over the past months saying they are worried about
the Patriot Act, and do not believe it is necessary, or that
it is actually for the purpose for which people are told.
Ms. Jones said “we ask you to stand up with us and simply
say not here. We don’t agree.”
Seth Moghlin, 726 Hillside Avenue, commented that he would
like to reiterate a few points. Mr. Moghlin said it seems
to him untenable and implausible to say it is not City business
to instruct what Police Officers should or should not do,
whether the records in the libraries are or are not confidential,
whether there is racial profiling, or if people are detained
indefinitely without plausible cause warrants. Mr. Moghlin
stressed these are all matters of City business of desperately
pressing concern to people of Bethlehem. Mr. Moghlin said
he deeply hopes that City Council will, as it originally intended,
consider the Resolution. Mr. Mohglin continued on to say that,
if Council does not feel comfortable affirming constitutional
rights that seem or may perhaps collide with the Patriot Act,
he thinks the citizens of Bethlehem need to know. Mr. Moghlin
stated “we do truly want this to be discussed openly
and for there to be a thorough airing of the matter.”
Mr. Mohglin commented he would very much like to hear from
Council tonight why this change of course, and asked Council
to please reconsider, and for there to be a discussion and
vote on the record about this matter. Mr. Moghlin pointed
out that over 300 towns and cities in the country have spoken
up about the matter including many very conservative communities.
Mr. Moghlin advised what the proponents are asking is for
City Council to say the City of Bethlehem and its officials,
including its Police Officers, will fully respect the rights
of the Constitution, will protect the Constitution, will protect
the rights of citizens, and will instruct Police Officers
not to participate in activities that violate the Constitution.
Mr. Moghlin said he hopes Council will reconsider, and would
be grateful for some explanation tonight why this most important
matter is not even being discussed.
Barbara Diamond, 425 Center Street, said she also would
like to know why, after Council had agreed to have a Resolution
on the Agenda and Christopher Spadoni, City Council Solicitor,
had drafted a Resolution, Council changed their mind. Ms.
Diamond read the six key elements that were part of the draft
Resolution: it would list the most threatening practices under
the USA Patriot Act and related measures, it would affirm
the City’s commitment to civil rights and civil liberties,
it would direct employees including Police Officers to protect
the civil rights and civil liberties of all persons in Bethlehem
and to avoid any action that violates people’s constitutional
rights, it would request libraries and other institutions
to provide clear notice that federal agents have the power
to get records and any other tangible things and that employees
are not permitted to inform individuals whose records are
obtained, it would request that schools display the Bill of
Rights in classrooms and review with students the importance
of Constitutionally guaranteed civil liberties to a democratic
society, and it would direct the City Clerk to request information
from Federal authorities about any enforcement actions in
Bethlehem and to send copies of the Resolution to the executive
and legislative officials who represent this area at the Federal,
State, and County levels. Ms. Diamond said she hopes also
that Council tonight will offer an explanation.
Don Macrae, 418 High Street, said he supports the Resolution
as was just outlined. Mr. Macrae, observing there has been
fallout from the Patriot Act which has overreached what he
thinks was the intention of the original formers of the Act,
stated he thinks it is necessary to put a reign on the federal
government in this case, and to protect the citizens of Bethlehem.
Mr. Macrae, while noting that maybe none of the meeting attendees
have been one of the innocents accused and incarcerated without
legal defense and with no opportunity of making a telephone
call or speaking with a relative, communicated at some point
one gets the feeling that there is an overreaching by the
federal government. Mr. Macrae exemplified that on a recent
airplane flight he was basically strip searched as a result
of a medical device. Mr. Macrae said he really does not want
the local librarians or Police to do the job of what is normally
the federal government. Mr. Macrae thought there is the opportunity
for City Council to formulate something which is reasonable
and just, and a responsibility to build a “firewall
for the citizens of Bethlehem as many other communities across
the United States have done.”
Michael Laughton, 2840 Shakespeare Road, communicated that,
if the local community level does not tamp down the sweeping
and intrusive powers of the Patriot Act, then the country’s
democracy will die in a boiling atmosphere of fear and officially
sanctioned repression. Mr. Laughton, noting that 332 communities
and states have passed Resolutions against the Patriot Act
including Pittsburgh, Philadelphia, Reading, York, Phillipsburg,
and Princeton, expressed the belief that these communities
are exercising their responsibility to protect their local
citizens, and that Bethlehem would honor itself to do likewise.
Mary Jo Hill, 473 Brighton Street, stressed that the Resolution
itself is not an inflammatory document. It is an affirmation
of the Bill of Rights, essentially in concrete form. It is
not something that people should be afraid to discuss in an
open, democratic society, or something that people should
be afraid to pass. It is a protection for citizens. Ms. Hill
remarked “this is a case of excess from the federal
government that I think you must address, and a Resolution
is a very good way to do it.”
Tom Lloyd, 127 Bridle Path Road, related that during the
Viet Nam war his wife was very active and got on a list of
suspected persons. Pointing out that anyone who knew his wife
knew there was not a more loving person, or a patriotic person
than his wife, Mr. Lloyd stressed, however, that she stood
up for what she believed in the Constitution. Mr. Lloyd stressed
now there is another war of aggression by the United States
resulting in the Patriot Act, so everyone has to do what they
can. Asserting that certainly it is a Bethlehem issue, Mr.
Lloyd affirmed that he lives in Bethlehem and it is an issue
to him, and to everyone in the room. Mr. Lloyd expressed the
hope that City Council would reconsider and pass the Resolution.
Community Policing Task Force
William Fitzpatrick, 732 Center Street, thanked the Mayor
and Council for their openness and understanding in embracing
the need for the Community Policing Task Force. Mr. Fitzpatrick
said he welcomes the comments that were made for a greater
level of openness. However, Mr. Fitzpatrick communicated he
would ask anyone who has concerns to let the task force get
started. Mr. Fitzpatrick stressed he would advocate a high
level of openness to the public and their input. He said the
group is confident it can come back with solid recommendations
to City Council and the Administration.
North Side Clean Up
Mr. Fitzpatrick, expressing that he shares the concern about
the potential erosion of civil liberties, said one of the
main focuses of the types of groups in which he is involved
such as the Block Watches is the integrity of the neighborhoods.
Mr. Fitzpatrick commended City staff members for the clean
up in the North side neighborhoods that was headed up by Michael
Palos, Chief Housing Inspector, in cooperation with Charles
Brown, Director of Parks and Public Property, and Thomas Marshall,
Recycling Director. He added there was assistance from a broad
cross-section of the neighborhoods.
Patriot Act
Dina Wills, 1256 Moffit Avenue, noted that a randomly selected
group of students in her class at a local University have
done a project on the Patriot Act. She added that a condensed
version of the Act contains sixteen laws that were amended
by the Patriot Act. Ms. Wills advised that, in the class discussions
on the project, the major question is usually civil rights
and liberties versus security. Ms. Wills, emphasizing what
she wants Council to do is talk about it, said she thinks
it is tremendously important that the people and City Council
of Bethlehem do some version of this exercise and talk about
what is in the Patriot Act, and what does it mean to local
people. Focusing on section 412 of the Act, Ms. Wills explained
this part has been used by the President to say that two American
citizens can be held for two years or more in a brig in South
Carolina with no access to a lawyer or to anybody, no charge
made against them, and no court date. She continued on to
say they are held because President Bush has suspended the
right of habeas corpus when he decides it is necessary in
pursuit of fighting terrorism. Ms. Wills pointed out this
has only been done once before when President Lincoln did
it during the Civil War and is the precedence used by President
Bush. Ms. Wills exclaimed that “the minute you can do
that to two American citizens, none of us are really safe.”
Continuing on to relate that a lawyer in Oregon was in jail
for a month because the Justice Department thought his fingerprint
had been found in a Madrid bombing scene but it later turned
out the Department was wrong, Ms. Wills stressed “any
of us are vulnerable once this 342 pages of the Patriot Act
is cemented into law and nobody speaks against it any more.”
Broad Street
Jason Long, 628 Christian Street, thanked City officials
for the nice job that was done on Broad Street.
Neglected Property
Mr. Long advised that the maintenance of the property across
the street from his has been neglected and he has pictures
of it. Mr. Long notified City officials that, although the
lawn has been “weed whacked” twice, the last time
it was over two feet tall. The grass along the sidewalk has
not been touched yet this year and is almost three feet tall.
In addition, the hedges are overgrown, there is poison ivy
falling onto the sidewalk, and there are animals running around
the property. There are people in the property late at night.
Mr. Long said he would like the property to be addressed.
Fourth Street - Reconstruction
Tony Rybak, 408 Adams Street, said he is at the meeting on
behalf of several residents and business owners in South Bethlehem
most of which concerns relate to the current reconstruction
of Fourth Street. Mr. Rybak said it is his belief that the
project is an unnecessary waste of money. Mr. Rybak, advising
that he witnessed the demolition of the road surface between
Adams Street and New Street, explained the work that was done
and expressed there is really not much wrong with the road.
Mr. Rybak, notifying the assembly that he worked on the Blue
Route-Interstate 476, discussed the process that was used
on the deteriorated concrete bridge decks which, he remarked,
were worse than Fourth Street in many places and receive more
traffic use. Mr. Rybak said that is one example that could
have saved millions of dollars. Mr. Rybak, relating that last
year Grace Industries installed new decorative street lights
on Fourth Street, stressed this was done with the knowledge
that Fourth Street was going to be reconstructed beginning
this year and wondered who authorized the street light work.
Mr. Rybak continued on to say it seems it would have been
prudent and cost effective to wait until the demolition of
Fourth Street was complete before installing new street lights.
Mr. Rybak, noting that Grace Industries is doing the demolition
on Fourth Street, observed they are being paid three times
for one set of lights. Mr. Rybak, communicating his thought
that government should be run like a family’s budget,
asserted that money is being thrown away. Mr. Rybak, advising
that the area between New and Adams Street contains a lot
of graffiti, said he knew there would be more if the area
remained dark during the street light work. Mr. Rybak, noting
there was one spotlight mounted on the light pole at Fourth
Street and Brodhead, remarked “one spotlight for a City
of 72,000 people.” He continued on to say after that
section of Fourth Street was opened, a week later another
spotlight was installed at Fourth and New Street that shines
on the Bridgeworks Restaurant and does not really illuminate
the street. Mr. Rybak stressed by the time the light was installed
there was already probably two or three times more graffiti
between Wawa and his parents building. Affirming that the
spotlight at Fourth and Broadway is still up and is shining
on incoming traffic, Mr. Rybak communicated that it should
be taken down. Mr. Rybak commented that, “instead of
worrying about tattoo parlors which have had no complaints
so far, the City should worry about these contractors that
are taking us for a ride.” Mr. Rybak said he thinks
the majority of Bethlehem citizens want assurance that City
employees and outside contractors who work for Bethlehem do
the best job possible all the time.
Water Loss
Mr. Rybak added he would like to have researched whether
any of the quarter million plus dollars spent trying to identify
water loss can be recouped now that it was found there was
a problem with shutoff or bypass valves.
Dangerous Dogs
Turning to the dangerous dog law, Mr. Rybak said all the
City needs to do is require insurance for homeowners or renters
when a dog license is obtained, and owners of rottweilers
or pitbulls would have to pay more.
Patriot Act
Ken Mohr, 3567 Sutton Place, expressed the hope that Council
will reconsider the decision not to debate and vote on the
Resolution.
Terrorism
Rita Peters, focusing on terrorism, remarked that the country
has held sanctions against so many countries. Turning to the
war in Iraq, Ms. Peters stated the administration emptied
the treasury and the bank in Iraq, and “took their oil.
That’s why we’re there, for the oil. It’s
not because of Saddam Hussein…”.
Dumping
Ms. Peters remarked she cannot understand why City officials
do not wonder about the dump site in the mountains. Ms. Peters
stated that waste from India was imported. She said dump sites
are causing a lot of deaths. Continuing on to point out that
Pennsylvania leads the nation in heart attacks induced by
emissions, Ms. Peters said if anybody is patriotic, loves
Bethlehem, and loves the country, they would fight for a cleaner
place.
Martin Tower and Former Bethlehem Steel Corporation Property
Charles Nyul, 1966 Pinehurst Road, questioned whether the
City has any money to buy Martin Tower which he thought would
be a great asset to the City. Mr. Nyul asserted that Martin
Tower and the 120 acres on the South Side are the two most
important things now in the City of Bethlehem to make money.
Mr. Nyul thought that City officials will have to say no to
some developers if their plans are not what the City really
wants to have developed on the 120 acres in order to make
enough money. Mr. Nyul added he thinks there are votes to
say no to those who want to turn land over to non-profit organizations
since the City has to start making a profit.
Parking Needs and Trolley – South Side
Mr. Nyul, turning to parking needs on the South Side as
a result of a proposed development, highlighted the fact that
there was a three story garage on Third Street across from
the former Bethlehem Steel Corporation office building that
was razed and questioned why it was torn down. Mr. Nyul noted
there is a parking lot on the east side of the Minsi Trail
Bridge capable of holding 5,000-6,000 cars. In addition, Mr.
Nyul suggested that the Norfolk Southern railroad tracks be
left in place and a two way trolley car be used to take people
from the parking lot to the Hill to Hill Bridge and in the
reverse direction while in between people could get off and
on and go in and out of the shops on the South Side.
Golf Course Restaurant
Mr. Nyul, questioning why the restaurant that is leased
at the Golf Course is closed for the people who play golf,
advised that last Wednesday after golfing he and others went
to the restaurant but it was closed so the approximately 40
people left.
Miniature Golf Course
Mr. Nyul, relating that he and his granddaughter went to
the miniature golf course on Route 309, advised that afterwards
he drove past Bethlehem’s Miniature Golf Course at approximately
9:20 p.m. but it was closed. He highlighted the fact that
the miniature golf course on Route 309 is very busy until
11:00 p.m. Mr. Nyul felt that Bethlehem should build a better
miniature golf course.
Shopping Stores
Mr. Nyul, noting that he shopped at six stores in and around
Bethlehem for a special umbrella, pointed out that all the
umbrellas were the same. However, Mr. Nyul stressed that fifty
years ago if he wanted to buy a special umbrella he would
go to Hess Brothers in Allentown. He remarked there are no
longer specialty stores.
Patriot Act
Michael Frisoli, 1310 Bonnie Avenue, stressing that the
Patriot Act is the law, said that Members of City Council
are meant to uphold the law. Mr. Frisoli stated most of what
is in the Patriot Act concerns information which is already
available, and the Patriot Act facilitates law enforcement
agencies in getting that information. Stressing that all the
records of all the libraries in the United States are not
going to be subpoenaed, Mr. Frisoli said “they’re
only going to go to the records they need, and well they should.”
Remarking he does not care if it is known what books he reads,
Mr. Frisoli continued on to say “if someone named Mohammed
Rushad is suddenly buying books on explosives the FBI should
know it.” Mr. Frisoli felt that if Members of Council
as private citizens want to write letters to congressmen about
the Patriot Act they should do so. However, Mr. Frisoli stressed
as a City Council, the Members represent the citizens of Bethlehem
and speak for them. Mr. Frisoli said he does not believe the
citizens of Bethlehem are against the Patriot Act. Mr. Frisoli,
advising that he represents over 100 people, and adding in
the United Veterans there are several more, informed the assembly
“we are in favor of the Patriot Act.” Mr. Frisoli
thought if Council were to pass a Resolution “it would
be nothing more than a round in the belt of ammunition to
shoot down our federal agencies and their ability to wage
the war on terrorism.”
Mohamed Bugaighis, 2440 Madison Avenue, related that he
came from Libya about 30 years ago. Advising that although
it was a very impoverished nation, the people had the freedom
of expression. Following discovery of oil, the country witnessed
riches it never had before. In 1969 when Colonel Gaddafi came
into power, wars were waged against the country’s neighbors,
and the civil rights of Libya’s citizens were sacrificed
in the name of security. Mr. Bugaighis explained that a few,
including he, opposed the erosion of civil rights, and he
continued to express his views until it became too dangerous
for him to remain in Libya. Mr. Bugaighis informed the assembly
that he received threats against his wife. The military came
to the villa owned by his wife and him with bayonets and machine
guns and said “we want Mohamed”. Mr. Bugaighis
said fortunately for him he was in England at the time. He
stayed away for many years, but took the risk of returning
when there was a family tragedy. He then took his wife and
children to the United States about 30 years ago, and started
from scratch since he had to leave everything they had back
in Libya. Mr. Bugaighis noted that he received his PhD from
Kansas State University where he taught, and then moved to
Bethlehem and taught at Moravian College until he retired
three years ago. Mr. Bugaighis stated what he “used
to hear from Gaddafi when he came to power I’m hearing
right now in the United States.” Pointing out that the
justification is always security, Mr. Bugaighis stressed that
“security can never be bought on the sacrificing of
civil liberty. That’s false security. I want security
exactly as to maintain our civil rights and constitution.”
Mr. Bugaighis advised he knows several people who were arrested
and thrown in jail but were not given any reasons for being
in jail, they were not charged, they were not released, and
they are still in jail. Mr. Bugaighis remarked that is un-American.
Mr. Bugaighis communicated that if the Patriot Act is of concern
to many individuals in the City of Bethlehem then it should
be the concern of the City Council. Mr. Bugaighis asked the
Members of Council to open the issue to debate, and to put
it on the Agenda to be debated, not necessarily to reject
the Patriot Act or to approve it, but to listen to the views
of the various constituents. Mr. Bugaighis thought it is the
citizens constitutional right to express their views and to
be heard, and then the decision is made in accordance with
the majority of the City Council members.
President Schweder, communicating that Mr. Crownfield and
Ms. Diamond are well aware of his personal thoughts on the
matter, stated the decision in determining not to bring a
Resolution before City Council tonight was not an easy one.
President Schweder commented the decision he made is not in
relationship to his individual thoughts with respect to the
issue but as the presiding officer and the one being responsible
for parliamentary proceedings in this chamber. President Schweder
explained it was done after discussions with his colleagues
over the past several months. He added that the matter has
been before Council probably from December of last year, and
there were other issues that came before City Council in part
of that delay. President Schweder, focusing on the decision,
thought it was incorrect to state that Council believes it
is not City business. President Schweder advised that, in
researching issues as they pertain to either memorializing
the Congress or the General Assembly or other elected officials,
this Council since it went to the Strong-Mayor form of government,
as best as one can tell, only did that on one occasion in
1970 when a Resolution was passed at that time. President
Schweder, continuing on to say that he and Mr. Donchez knew
everyone who voted on that Resolution, noted he had hoped
to seek some counsel and advice from those individuals. However,
all are deceased other than former Mayor Paul Marcincin with
whom President Schweder had the opportunity to speak today.
After 34 years, former Mayor Marcincin was not exactly sure
why the Resolution was taken up on that given night but the
Members talked about it being unprecedented. President Schweder
further related that, in his discussions with former Mayor
Marcincin, the former Mayor did say he thought Council was
on the “right track” in not bringing this up.
President Schweder, expressing it is a decision based on parliamentary
procedure, noted if there was a perceived concern within the
City of Bethlehem, and acknowledging that Council has heard
from hundreds of citizens about the issue both for and against,
said in going through and looking at the history is making
the determination that if there was something that Council
could address that was specific to the City of Bethlehem,
then Council would certainly take that up. President Schweder
advised that he had a conversation with the Police Commissioner
who is on record in this chamber as saying he had some of
the same concerns as people in this room, and people at this
table have. In discussions with the Police Commissioner, President
Schweder asked if there are any instances that the Bethlehem
Police Department, the Library, or any one else here has been
asked to do regarding any of the things about which people
are very concerned and would happen, and the answer is no.
He added, however, that is not to say that threat may still
exist. Communicating that if and when there is something that
needs to be addressed when alerted to a situation by the Police
Department or someone else, and pointing out that the Police
Department takes an oath of office to uphold the Constitutions
of the United States and of the Commonwealth as do all City
officials, President Schweder stated he feels confident this
Council will do it, and would probably do it by Ordinance
if necessary. Observing that is the City’s business,
President Schweder commented he is not sure what could be
accomplished by passing a Resolution tonight and simply sending
it off to Congress, and advised that has been the consensus
of other Members of Council. President Schweder acknowledged
that answer is probably displeasing to a number of citizens.
He has made the determination with his colleagues that they
will go forward if and when something needs to be done. President
Schweder pointed out that those on Council who feel strongly
about the matter will be in the process of writing to the
four people who can actually do something about the Patriot
Act; i.e., the President, the two United States Senators,
and the United States Congressmen from this District. President
Schweder stated that the citizens have Council’s assurance
that if at any point the matter becomes something that is
before the citizens of the City, this Council will undoubtedly
take action. President Schweder noted it was a decision made
based on the precedent of the last 34 years of not taking
up Resolutions that are similar to this, and that Council
would act accordingly as it moves forward.
Stephen Antalics, 737 Ridge Street, said what bothers him
is, based on what President Schweder just said, there is a
thing known as the Sunshine Act which says do things in an
open forum. Mr. Antalics, observing that Council Members sit
at the table because they asked citizens to vote for them
in order to represent the citizens, stated “we would
like to have heard what each one of you felt about this Resolution.”
Mr. Antalics remarked that for the President of Council to
contact people individually not in a public forum is not representative
government. Mr. Antalics, expressing his feeling that he would
have liked to hear each Member of Council give their opinions
of the issue, said “and then we will be assured that
the consensus was an open discussion, not privately between
the President and Members of Council.” Mr. Antalics
communicated that he is disturbed by this.
14. ADJOURNMENT
The meeting was adjourned at 9:40 p.m.
ATTEST:
City Clerk
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