Council Minutes

August 17, 2004 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, August 17, 2004 – 7:30 PM – Town Hall

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

Acting President Robert J. Donchez called the meeting to order. Father Robert Reed, of Saints Simon and Jude Church, offered the invocation which was followed by the pledge to the flag. Present were Ismael Arcelay, Jean Belinski, Robert J. Donchez, Joseph F. Leeson, Jr., and Gordon B. Mowrer, 5. Magdalena F. Szabo, and J. Michael Schweder were absent, 2.

Citations - Honoring Donald Cervellini and Gregory J. Solderitch

Acting President Donchez advised that Citations honoring Donald Cervellini who retired from the Police Department after 30 years of service, and Gregory J. Solderitch who retired from the Police Department after 24 years of service, will be forwarded to them since they were unable to be present this evening.

4. APPROVAL OF MINUTES

The minutes of July 20, 2004, as amended, and of August 3, 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

Renaming City Center Plaza – Payrow Plaza

Mr. Mowrer recalled that, at a past Meeting, he brought up a proposal to rename the City Center Plaza as Payrow Plaza, in honor of past Mayor Gordon Payrow. Mr. Mowrer said he would like to have the proposal officially sent to Committee so that it can be discussed and brought back to City Council.

Acting President Donchez, confirming that the Members of Council did receive a memorandum regarding the issue, referred the matter to the Parks and Public Property Committee.

Trees – Emergency Situations

Mr. Arcelay recounted that he sent a memorandum to Michael Alkhal, Director of Public Works, concerning the removal of trees, and noted that Mr. Alkhal did assess the property in question. Mr. Arcelay asked if it is possible to review the verbiage of Codified Ordinance Article 910, Trees and Shrubs, to redefine the situation of emergency. Mr. Arcelay exemplified that, currently, the Article allows 30 days for a property owner to address situations involving trees. Mr. Arcelay explained his concern is what occurs in the event of an emergency situation.

Mr. Alkhal replied that the 30 days applies for non-emergencies when a tree is causing a hazard that is not immediate. Mr. Alkhal continued on to affirm that, if a tree were struck by lightning and is in the street or is obstructing something, then immediate action is taken. Mr. Alkhal advised the City notifies the property owner to have the hazard addressed. If the City is unable to contact the owner, or if the owner is unable to handle the matter, then the City would have the work done and bill the property owner. Mr. Alkhal confirmed this is the way in which emergency situations have been handled for a long time.

Mr. Arcelay inquired whether the City is satisfied, from the standpoint of lawsuits, with the handling of emergency situations, and further asked who defines an emergency.

Mr. Alkhal responded that, in cases where a tree is in the public right of way, the first point of contact typically is the Street Superintendent or his designee. The Street Superintendent usually goes to the site and uses his own judgment as to whether the situation is threatening or not, and often calls on the City Forester if there is an issue involving whether or not a tree should be taken down, or the stability of the tree. Mr. Alkhal affirmed that, if there is any chance of a tree falling down, the City would take immediate action, and it has. Mr. Alkhal confirmed that this past year there were three major instances, in two of which the City removed trees on behalf of owners, and one in which the owner took action.

7. COMMUNICATIONS

None.

8 . REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Luis E. Campos – Parking Authority

Mayor Callahan appointed Luis E. Campos to the Parking Authority effective until January 2008. Mr. Arcelay and Mr. Mowrer sponsored Resolution 14,442 to confirm the appointment.

Voting Aye: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. The Resolution passed.

2. Administrative Order – William G. Meila – Fire Civil Service Board

Mayor John B. Callahan appointed William G. Meila to the Fire Civil Service Board effective until February 2005. Mr. Arcelay and Mr. Mowrer sponsored Resolution 14,443 to confirm the appointment.

Mrs. Belinski, noting that she served with Mr. Meila on the Recreation Commission and commenting she knows he is a busy person and is out of town a lot, questioned whether he can fulfill his obligation on the Fire Civil Service Board as he has missed several Recreation Commission meetings.

Mayor Callahan affirmed that he talked with Mr. Meila and he is committed to his obligation. Mayor Callahan continued on to point out that the Fire Civil Service Board may meet two or three times a year, and is not a Board that meets monthly. Mayor Callahan added that Mr. Meila expressed a desire to serve on the Board.

Voting Aye: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. The Resolution passed.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 31 – 2004 – Amending Zoning Ordinance – Appendix A-2 – Side Yard Setbacks

The Clerk read Bill No. 31 – 2004, Amending Zoning Ordinance – Appendix A-2 – Side Yard Setbacks, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. Bill No. 31 – 2004, hereafter to be known as Ordinance 4269, was declared adopted.

B. Bill No. 32 – 2004 – Amending General Fund Budget – Economic Development Bureau – PA Council on the Arts Grant

The Clerk read Bill No. 32 – 2004, Amending General Fund Budget – Economic Development Bureau – PA Council on the Arts Grant, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. Bill No. 32 – 2004, hereafter to be known as Ordinance 4270, was declared adopted.

C. Bill No. 33 – 2004 – Amending Non-Utility Capital Budget – Illick’s Mill

The Clerk read Bill No. 33 – 2004, Amending Non-Utility Capital Budget – Illick’s Mill, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. Bill No. 33 – 2004, hereafter to be known as Ordinance 4271, was declared adopted.

D. Bill No. 34 – 2004 – Amending Article 151 – Firemen’s Pension Fund

The Clerk read Bill No. 34 – 2004, Amending Article 151 – Firemen’s Pension Fund, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. Bill No. 34 – 2004, hereafter to be known as Ordinance 4272, was declared adopted.

E. Bill No. 35 – 2004 – Amending Article 153 – Police Pension Fund

The Clerk read Bill No. 35 – 2004, Amending Article 153 – Police Pension Fund, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. Bill No. 35 – 2004, hereafter to be known as Ordinance 4273, was declared adopted.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Authorizing Execution of Use Permit Agreement – Celtic Classic 2004

Mr. Arcelay and Mr. Mowrer sponsored Resolution 14,444 which authorized the execution of the Use Permit Agreement between the City and Celtic Fest, Inc. for use of public properties, streets, and Sand Island West for the Celtic Classic 2004 for the time periods between September 11, 2004 and September 27, 2004, according to the terms and conditions of the Agreement.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. The Resolution passed.

B. Authorizing Execution of Use Permit Agreement – VIABL of Northampton County – 2004 Fabric Sale

Mr. Arcelay and Mr. Mowrer sponsored Resolution 14,445 which authorized the execution of Use Permit Agreement between the City and VIABL of Northampton County, for use of the Memorial Pool Building for a fabric sale for the time period September 22, 2004 through October 18, 2004, according to the terms and conditions of the Agreement.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. The Resolution passed.

C. Traffic Signal Installation – Hellertown Road and Cherry Lane

Mr. Mowrer and Mrs. Belinski sponsored Resolution 14,446 which approved installation of a traffic signal at the intersection of Hellertown Road and Cherry Lane, subject to the approval of the Pennsylvania Secretary of Transportation, and in accordance with the Pennsylvania Vehicle Code and the Regulations for traffic signs, signals, and markings of the Pennsylvania Department of Transportation.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. The Resolution passed.

Motion – Considering Resolutions 11 D through 11 K As A Group

Mr. Mowrer and Mr. Leeson moved to consider Resolutions 11 D through 11 K as a group. Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. The motion passed.

D. Certificate of Appropriateness – 222 East Market Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 14,447 that granted a Certificate of Appropriateness to construct a fence and deck at the rear of 222 East Market Street.

E. Certificate of Appropriateness – 36 East Wall Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 14,448 that granted a Certificate of Appropriateness to replace the existing door at 36 East Wall Street.

F. Certificate of Appropriateness – 55 East Church Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 14,449 that granted a Certificate of Appropriateness to alter the rear facades and construct a garden structure at 55 East Church Street.

G. Certificate of Appropriateness – 38 West Market Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 14,450 that granted a Certificate of Appropriateness to repaint the front door at 38 West Market Street.

H. Certificate of Appropriateness – 425 Center Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 14,451 that granted a Certificate of Appropriateness to pave the existing gravel parking area with concrete pavers at 425 Center Street.

I. Certificate of Appropriateness – 408 North New Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 14,452 that granted a Certificate of Appropriateness to replace the existing 1 over 1 double hung windows at 408 North New Street.

J. Certificate of Appropriateness – 227 East Church Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 14,453 that granted a Certificate of Appropriateness to alter the exterior of 227 East Church Street.

K. Certificate of Appropriateness – 402 North New Street and 1 and 7 East Church Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 14,454 that granted a Certificate of Appropriateness to revise four basement window wells at 402 North New Street and 1 and 7 East Church Street.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Leeson, Mr. Mowrer, and Mr. Donchez, 5. The Resolutions passed.

12. NEW BUSINESS

Courtesy of the Floor – Time Limits

Mr. Mowrer, noting that a memorandum was forwarded to the Members of Council concerning the possibility of a ten minute time limit for speakers during the Courtesy of the Floor, said he would like to see the matter referred to the Human Resources and Environment Committee so that a recommendation can be forwarded for consideration by City Council.

Acting President Donchez stated that the matter will go to the Human Resources and Environment Committee for a meeting to be scheduled.

13. COURTESY OF THE FLOOR

1963 Newspaper Article - Captain Frank Donchez

Stephen Antalics, 737 Ridge Street, referring to a past newspaper article from 1963 with pictures of an old paddy wagon from 1923 and a new emergency wagon in 1963, noted it refers to a Captain Frank Donchez.

Police Commissioner Francis Donchez affirmed that was his grandfather.

Mr. Antalics gave a copy of the newspaper article to Police Commissioner Donchez and to City Council.

South Side and Other Issues

Edwin Rodriquez, 436 Pawnee Street, said on westbound Broadway in the 400 block there are a lot of meters at which residents with permits can park. However, Mr. Rodriquez thought those spaces should be used for individuals who need to park there to conduct business.

Mr. Rodriquez stressed that trees need to be trimmed along the 500 block of Ontario Street, the 600 block of Itaska Street, and to some extent Madison Park. Mr. Rodriquez, affirming he has called numerous City officials including Mr. Smith who promised to do something about the issue, stated that after meeting with Mr. Smith in the 500 block of Ontario Street he is getting excuses. Mr. Rodriquez asserted one can no longer wait for the trees to be taken down under the 30 day notice given by the City for what is considered an emergency situation. Mr. Rodriquez, wondering what happens in the event a tree falls down on a property and is too large for a resident to handle, asked what is classified as an emergency situation.

Mr. Alkhal replied most of the emergencies encountered are trees that fall into the right of way or sidewalk area, are causing an obstruction to vehicles or pedestrians, and need to be addressed promptly. If a tree falls on private property and would cause a hazard or would be in the way of something vital that has to be completed in a certain period of time that would be an emergency. However, Mr. Alkhal explained that would be an emergency for the property owner who would have to contact a tree service to remove the tree.

Mr. Rodriquez said he is asking for a recommendation as to what is specifically an emergency. Mr. Rodriquez informed the assembly that six limbs fell in the Ontario Street area, and one fell in the vicinity of Route 378 that blocked traffic in all directions. Mr. Rodriquez exclaimed that tree was enormous, too old, and should have been taken down. Mr. Rodriquez enumerated that trees in the 500 block of Ontario Street, Sioux Street in the 600 block eastbound, and one tree inside Madison Park need to be taken down because the trees are blocking signs, or overlapping lights, and are not trimmed. Mr. Rodriquez further exclaimed that drug sellers and gangs are hiding behind these trees, and the situation is very dangerous. Mr. Rodriquez, relating that James Smith, Streets Superintendent, told him if it is done for Mr. Rodriquez it has to be done for everybody else in the City, stressed that is “baloney”. Mr. Rodriquez further said he took his bow saw and helped two property owners with their trees, and he should not have had to do that.

Mr. Alkhal advised that a first offense for nuisances involving trees has to be that of the abutting property owners because they are responsible for maintaining trees. However, if the City is aware of a problem, then the City could take action. In the case of Ontario Street, Mr. Alkhal explained the City is trying to assist property owners with the problem of the Bradford pear trees that have a tendency towards broken branches when they mature, and has included the area in its contract for replacement of six trees in the 500 block of Ontario Street that it is believed will resolve most if not all the problems described by Mr. Rodriquez. Any remaining issues will be the responsibility of property owners. Mr. Alkhal notified Mr. Rodriquez that the funding used by the City for tree work can only be used for removing and replacing trees but cannot be used for trimming trees, in accordance with funding requirements. Mr. Alkhal explained to Mr. Rodriquez that Mr. Smith was probably trying to convey the fact that if he were to help remove a tree on private property, then many property owners would want the City to do the same thing, the City simply does not have the resources to help everyone, and tries not to set a precedent by telling some people they can be helped while others cannot. Mr. Alkhal added that the City wants to be consistent, and apply the Ordinance evenly and fairly with all City residents.

Mr. Rodriquez queried if a tree falls down between now and October would the City get involved if it were classified as an emergency situation, so that he does not have to do something that the City could do. Mr. Rodriquez said he has found City workers sleeping, and remarked it is taxpayers money going down the drain.

Mr. Rodriquez, requesting two speed bumps in the 500 and 600 blocks of Ontario Street, explained that motorists are backing up and passing the stop sign, and are continually speeding daily which he stressed is a hazardous condition to residents and children who play in the park area. Mr. Rodriquez said let it be put on the record that he has contact with the community.

Mr. Rodriquez asked that the tree in the area of Madison Park next to the playground be taken down or trimmed because the limbs are coming down so that he does not have to trim it, and additionally asked for better fencing around the area.

Mr. Rodriquez asked for better enforcement where citizens park too close to corners, stop signs, fire hydrants, and handicapped signs, and double park. Mr. Rodriquez recommended signs such as no parking here to corner, or no parking signs. In addition, Mr. Rodriquez said LANTA buses are double parking and the company officials should be contacted. Mr. Rodriquez asked for enforcement of the Vehicle Code where residents go through red lights, particularly in the Five Points area, and asked that a camera be installed that will bring revenue for the City. Mr. Rodriquez, communicating that sewer cleaning is needed on Dakotah Street, Ontario Street, and in the Madison Park area, stressed he has called about the matter but no action has been taken. Mr. Rodriquez said that pedestrian walk lines are painted too close to the actual streets and it is dangerous for pedestrians when they are crossing. He advised that motorists are constantly going through the light at West Fourth Street and Broadway heading eastbound. Mr. Rodriquez asked for children playing signs to be installed at Madison Park, better illumination because of drug and gang activity, and more police involvement in the area.

Mr. Rodriquez explained he is asking for help and has nowhere else to turn but here.

Mr. Rodriquez, reiterating his request for the trimming of trees covering street lights, further stated his recommendation that the lights should not be placed too close to the trees. Mr. Rodriquez cited that the sporting goods store was burglarized because the tree was overlapping the light, and a window is needed at 353 Broadway that was a place for drug activity.

Mrs. Belinski stated she has a problem with recommendations made by the City Forester that dead trees must be replaced with a type of pear tree because the trees later split, branches came off and fell on the roofs of cars underneath the trees.

Renaming City Center Plaza – Payrow Plaza

Dave Sanders, 69 E. Goepp Street, expressed the hope that City Council acts on renaming the City Center Plaza after former Mayor Payrow who he thought was a good Mayor.

Courtesy of the Floor - Ten Minute Time Limit

Mr. Sanders stated he does not agree with a ten minute time limit for citizens who address City Council under Courtesy of the Floor. Mr. Sanders remarked “this is our meeting”. While communicating that he tries to limit himself to ten minutes and thinks most people do, Mr. Sanders highlighted the fact that when citizens addressed City Council on the issue of the rezoning of the former Durkee property, some people read slowly from prepared text. Expressing the hope there would be some leeway, Mr. Sanders recounted that an individual who spoke for 45 minutes at a previous City Council Meeting was given respect, and reiterated “this is our meeting…This is the only place we come and can speak out whether it takes ten minutes [or] fifteen.” Mr. Sanders pointed out that citizens wait throughout the City Council Meetings for their turn to speak to City Council. While acknowledging that ten minutes is a reasonable amount of time, Mr. Sanders said he hoped City Council would not limit people to ten minutes of time to speak “at their public meeting.”

Acting President Donchez, noting that the speaking time limitation issue and the renaming of the City Center Plaza issue will be discussed in Committee in the next few weeks, explained there will be Committee decisions that would be forwarded to City Council.

Watershed – Illegal Activities

Dean Bruch, 625 Hawthorne Road, commented that he furnished the Members of Council with pictures of the watershed, and added that the forester does an excellent job. Stating he is interested in the City receiving money for the trees that were stolen, observed that newspaper articles indicate inactivity of the Monroe County District Attorney concerning the issue. Consequently, Mr. Bruch advised that he called Harrisburg and was told the State does not have jurisdiction over the matter. Mr. Bruch communicated that he thought the City should stop spending money on the matter because “somebody knows something about something that somebody did, and they don’t want them punished.”

Water Loss

Mr. Bruch recalled that two years ago he mentioned that, as a plumber, he inspected the sprinkler system at St. Luke’s Hospital that has automatic devices such as flow controls. Mr. Bruch explained when the devices go off the water keeps running, and the timing device is supposed to be set and adjusted so that a fire does not get out of control and melt sprinkler heads. Stressing this takes an enormous amount of water, Mr. Bruch communicated that, in particular, if two inch flows at the mains are being tested it uses a lot of water. Highlighting the fact that this is water utilized just at one place, Mr. Bruch pointed out that, at the time, he does not think he stressed the enormous amount of water that is used.

Street Lighting

Mr. Bruch, addressing the grant money received for street lighting, asserted it is appalling that the beautiful street lights were installed so close together on Third Street when they could have been apportioned so that there would be enough lighting for three blocks. Mr. Bruch added that new bulbs cost three times as much as the former bulbs and burn out faster.

City Employees - Residency and Taxes

Alan Hoppey, 1303 Beverly Avenue, recounted that he addressed City Council in July about the fact that he thinks City employees should be residents of the City, and how much it is costing the City in the case of those City employees who are non-residents. Mr. Hoppey further recalled he had informed the Members that there are approximately 79 different municipalities that in two years collected over $390,000 in wage taxes for City employees. Mr. Hoppey continued on to say, every time City employees receive wage increases, which next year will be 2%, the figure will go up by about $165,000 so it will be almost $1/2 million that will go to 79 different municipalities and one out of state. Mr. Hoppey asserted he thinks “it’s time we put the brakes on this thing.” Mr. Hoppey, relating that of the last 19 employees who were hired for City emergency services only 5 live in the City, stressed if there is a major emergency it will be a big problem. Mr. Hoppey said he would like to see some action taken in the matter. Referring to his discussion of the matter with the Mayor, Mr. Hoppey disagreed with the Mayor’s comment that it is a “wash” since Mr. Hoppey stressed it is a loss of City wage taxes rather than property taxes.

Fire Inspectors – Promotion to Lieutenant

Mr. Hoppey, recalling he previously brought up the issue of the promotion of Fire Inspectors to a Lieutenant’s position, noted he did receive a response from some Fire Department employees. Mr. Hoppey added, when four people are promoted, there is an additional cost of about $60,000 per employee in that the City has to hire people to take their places because of the minimum manning clause in the contract. Recounting he met with the Fire Commissioner and chiefs, Mr. Hoppey observed it will be a revolving door because people will not stay in the Inspector positions. Mr. Hoppey remarked that the City should come up with a better plan than spending $48,000 in two years and “have nothing”.

FAA Tower – South Mountain

William Scheirer, 1890 Eaton Avenue, notified the assembly of a proposal from the Federal Aviation Administration (FAA) to build a ten story radar tower at the top of South Mountain, near the Star of Bethlehem, on land owned by Lehigh University located in Lower Saucon Township. He further informed the assembly that comments on the draft Environmental Assessment are due on September 17, 2004. Mr. Scheirer, confirming that Lower Saucon Township received copies of the Environmental Assessment, pointed out that the Township’s Director of Community Development said “the Township is greatly concerned with the potential for substantial environmental and aesthetic impacts”. Mr. Scheirer, advising that copies of the Environmental Assessment were sent to the Bethlehem and Northampton libraries, highlighted the fact that no copy was sent to the City of Bethlehem, even though the City expressed concerns about the visual impact of the tower’s lights on the Star of Bethlehem. He queried whether the report’s not having been sent to Bethlehem was an oversight or an attempt to “slip something past the more populous northern viewshed.” Focusing on the purpose of the tower, Mr. Scheirer stated it would reduce radar clutter and improve weather data, and is expected to improve the safety of aviation operations at Lehigh Valley Airport, formerly known as ABE Airport. Mr. Scheirer pointed out that the legal notices state that the old radar will be removed, but the Environmental Assessment states it may be replaced. Mr. Scheirer said the second purpose of the tower is that it will have a radius of 60 nautical miles or almost 15,000 square miles. While noting that this coverage is not addressed in the Environmental Assessment, Mr. Scheirer questioned whether South Mountain is the only elevation that can provide coverage. Advising that twelve sites were evaluated by Raytheon, Mr. Scheirer said five are on South Mountain and four are on or near the airport, and contended that only five separate sites were supposedly evaluated. He continued on to state that, in addition, there is a site in Lower Saucon Township near the Lehigh River, and sites in the Pennsville, Beersville, and Chapman areas. Mr. Scheirer noted that the airport and South Mountain sites were stated to have the most complete coverage of the Allentown-Bethlehem-Easton area and to best satisfy air traffic control requirements. Recounting that he said twice that all the sites were supposedly evaluated because tables showing the degree to which each candidate site meets the criteria are given in Appendix A, Mr. Scheirer highlighted the fact that Appendix A has only the definitions of the criteria but nothing else. He questioned whether this is “another sloppy omission even though the staff working on the report included a consistency reviewer, or is it a devious attempt to slip something past the local folks.” Mr. Scheirer stressed that, even if the site evaluations are included in the next draft, that will be the final Environmental Assessment, and there will be no opportunity for the public or their elected representatives to comment. Turning to the visual impact of the tower, Mr. Scheirer pointed out that the tower would be adjacent to the state police tower, shorter, and wider. Quoting from the report, Mr. Scheirer continued on to say that, in addition to the visual conflict with the Star of Bethlehem, the tower would be “potentially conspicuous because the antenna would rotate continuously, attracting the attention of viewers, and a single red, steady-burning aviation warning light would be installed at the top. The tower would be a relatively prominent ridge top visual element due to its size, moving antenna, and lighting. Sensitive vistas or viewsheds would not be significantly affected. No significant visual impacts would result.” Consequently, Mr. Scheirer wondered how the tower, which according to the report would be potentially conspicuous and relatively prominent, would have no significant visual impact. Mr. Scheirer added one gets the feeling that the FAA wants to build a tower on South Mountain. Mr. Scheirer expressed the hope that City Council would pass a Resolution at its next meeting calling on the FAA to address the report omissions he pointed out, and to call the next draft a revised draft so that comments will be permitted as intended by the National Environmental Protection Act. In addition, he expressed his thought that City Council may wish to hold a public hearing before the September 7, 2004 Meeting.

14. ADJOURNMENT
The meeting was adjourned at 8:37 p.m.
ATTEST:

City Clerk