Council Minutes

June 21, 2005 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, June 21, 2005 – 7:30 PM – Town Hall

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

President J. Michael Schweder called the meeting to order. Mr. Arcelay 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 John F. DeStasio, Jr.

President Schweder presented a Citation honoring John F. DeStasio, Jr., who retired from the Fire Department after 29 years of service to the City. The Members of Council, along with the assembly, applauded Mr. DeStasio and wished him well in his retirement.

4. APPROVAL OF MINUTES

The minutes of June 7, 2005 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

Alexandria Manor and Zoning Regulations

Mr. Donchez, focusing on an issue raised by Ms. Szabo a few months ago about Alexandria Manor at Linden Street and Oakland Road and that will be at Linden Street and Johnston Drive, affirmed that he sent memorandums to Tony Hanna, Director of Community and Economic Development, and received replies from Darlene Heller, Director of Planning and Zoning. Mr. Donchez, turning to the original debate in 1993 dealing with residential treatment facilities in RR Zoning Districts, recalled at that time the Federal government stated that group homes would have to be eligible to be placed in any Residential area. Mr. Donchez noted the term used during the debate at that time was residential treatment facilities which, in his interpretation in reading the minutes, were a type of group home. Continuing on to point out that while the City has continued to follow this law since 1993, Mr. Donchez highlighted the fact that special exceptions are being granted for Alexandria Manor at Linden Street and Oakland Road and at Linden Street and Johnston Drive. Mr. Donchez wondered if this is something that should be reviewed because he did not think the original intent of the law was the manner in which it is being used today. Mr. Donchez inquired whether the interpretation or wording should be reviewed, changed, or brought up to date. Mr. Donchez communicated he would not want to see a use such as Alexandria Manor in areas of the City based on an interpretation of 1993 that would seem to be stretching the original intent of the law. Mr. Donchez, observing that residential treatment center pertains to group homes, did not think Alexandria Manor fits the category of group homes. Mr. Donchez expressed his appreciation for the two memorandums sent to him on the matter.

Darlene Heller, Director of Planning and Zoning, expressed her agreement that residential treatment facilities were created because of the protected groups of people that were outlined in the Federal law. Ms. Heller advised that, the Zoning Officer, when the provisions were originally made, did not believe that the application met the requirements for a residential treatment facility. The applicant then took the matter to the Zoning Hearing Board for an interpretation and it was granted. Ms. Heller informed Mr. Donchez that the office is presently researching definitions for personal care facilities and assisted living facilities which is the type of facility that describes Alexandria Manor. Ms. Heller continued on to say, if that provision is added in the Zoning Ordinance, then they would need to comply with that definition and they would be permitted specifically where those are included as permitted uses within the Zoning Map.

Mr. Donchez queried whether there could be a freeze until the amendments are reviewed and submitted, and the type of facility would have to come in as something else rather than the term residential treatment centers which he did not think fits the intent of the 1993 law.

Ms. Heller, expressing she does not know how a moratorium could be instituted, explained if there were other submissions the Planning and Zoning Bureau could make an appearance at the Zoning Hearing Board to relay some of the Bureau’s interests or concerns.

Mr. Donchez expressed his understanding is that the Zoning Ordinance is being reviewed and there may be some revisions and amendments to deal specifically with facilities such as an Alexandria Manor.

Ms. Heller, responding in the affirmative, said the Bureau can forward drafts.

Ms. Szabo advised that she has expressed interest in not only the Alexandria Manor project but also the bank project that was applied for previously. Ms. Szabo, stressing that she is very disturbed by several things related to RR and Steep Slopes, questioned why the City should have those zoning regulations when they are being broken and the intent of the regulations is being destroyed. Ms. Szabo asserted that either the zoning should be changed to something that is more appropriate, or the City should live up to the regulations. Pointing out that the bank was rejected because it was a business and is not allowed in RR, Ms. Szabo said this is a variance or whatever it is called and it is allowed. However, Ms. Szabo highlighted the fact that Alexandria Manor is not a single house. Ms. Szabo continued on to stress that on the Zoning Hearing Board agenda for tomorrow night is a request to ask for an exception to the Steep Slope regulations. Ms. Szabo again queried “why do we have the ordinances which are necessary when we’re not living up to them.” Ms. Szabo said she thinks there needs to be a meeting to review the RR and Steep Slope Ordinances and see how the misuses can be rectified. Expressing her agreement with Mr. Donchez, Ms. Szabo stated it is very disturbing. Ms. Szabo recollected that, when the uses at Friedensville Road and Creek Road were debated, Council was told at that time that is the last remaining RR section and there was also one small place on Johnston Drive that was zoned RR. Ms. Szabo remarked how RR zoning appears to be cropping up in other places, too. Ms. Szabo pointed out that recently the intent of the RR District was changed to allow higher density senior citizen housing. Ms. Szabo asserted she thinks the matter needs to be looked at before RR is destroyed completely.

Ms. Heller commented that, if there is a committee meeting to review a proposed zoning amendment for assisted living facilities or personal care facilities, it can be expanded to whatever agenda items Ms. Szabo might want to discuss.

Ms. Szabo, expressing that she wants to have a meeting on the two zoning ordinance matters, said it would not hurt to have the Zoning Hearing Board included in such discussions.

President Schweder recalled the issue of zoning has been discussed at length with Ms. Heller and the Department with several proposals that have come before Council about which the Members have raised very serious concerns, including the reference to “bait and switch” among other things. President Schweder continued on to say most Members believe the zoning in the City has to be taken and start over from scratch, and there have been proposals advanced as to how to pay for that. President Schweder, communicating that Council wants to work in cooperation with Ms. Heller, observed “you need to find a way to fund that very quickly or we will because this has reached the point where this is just no longer acceptable.” President Schweder continued on to say he thinks the people who serve on the boards feel that they are also pinned in a position that they find very uncomfortable, and it is something they do not want to work with either.

7. COMMUNICATIONS

A. Deputy Director of Economic Development – Enterprise Zone Planning Grant and Stefko Boulevard Corridor Study

The Clerk read a memorandum dated June 17, 2005 from Laura Burtner, Deputy Director, of Economic Development, requesting that the Enterprise Zone Plan and Stefko Boulevard Corridor Study be reviewed by City Council.

President Schweder referred the matter to the Community Development Committee.

B. City Solicitor - Records Destruction – Controller’s Office

The Clerk read a memorandum dated June 16, 2005 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed resolution to destroy records from the Controller’s Office according to the previously adopted Municipal Records Retention Act.

President Schweder stated that the appropriate Resolution will be placed on the July 5 Agenda.

C. City Solicitor - Records Destruction – Tax Bureau

The Clerk read a memorandum dated June 16, 2005 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed resolution to destroy records from the Tax Bureau according to the previously adopted Municipal Records Retention Act.

President Schweder stated that the appropriate Resolution will be placed on the July 5 Agenda.

D. City Solicitor – Use Permit Agreement for Public Property – Celtic Classic 2005

The Clerk read a memorandum dated June 17, 2005 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed Use Permit Agreement between the City and Celtic Fest, Inc. for use of various public properties, streets, and a portion of Sand Island West, for the Celtic Classic 2005 for the time periods September 10 through October 2, 2005, according to the terms and conditions of the agreement.

President Schweder stated that the appropriate Resolution will be placed on the July 5 Agenda.

E. City Solicitor – Use Permit Agreement for Public Property – Christkindlmarkt 2005, 2006 and 2007

The Clerk read a memorandum dated June 17, 2005 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed Use Permit Agreement between the City and ArtsQuest for use of various City property for Christkindlmarkt 2005, 2006 and 2007 for the time periods according to the terms and conditions of the agreement.

President Schweder stated that the appropriate Resolution will be placed on the July 5 Agenda.

F. City Solicitor – Use Permit Agreement for Public Property – Has Anyone Seen My Balloon?, Inc.

The Clerk read a memorandum dated June 17, 2005 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed Use Permit Agreement between the City and Has Anyone Seen My Balloon?, Inc. for use of Yellis Park, Monocacy Park Complex Athletic Fields, Saucon Park complex Athletic Fields, Clearview Complex, and the area behind the Municipal Ice Rink for a hot air balloon take off from June 1, 2005 through May 31, 2006, according to the terms and conditions of the agreement.

President Schweder stated that the appropriate Resolution will be placed on the July 5 Agenda.

G. City Solicitor – Use Permit Agreement for Public Property – Senior Centers of Bethlehem – Parking Cars During Celtic Classic 2005

The Clerk read a memorandum dated June 17, 2005 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed Use Permit Agreement between Senior Centers of Bethlehem and the City for use of Johnston Park for the purpose of parking cars during the 2005 Celtic Classic for the time period September 23 to September 25, 2005, according to the terms and conditions of the agreement.
President Schweder stated that the appropriate Resolution will be placed on the July 5 Agenda.

H. City Solicitor – Use Permit Agreement for Public Property – Senior Centers of Bethlehem – Parking Cars During Musikfest 2005

The Clerk read a memorandum dated June 17, 2005 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed Use Permit Agreement between Senior Centers of Bethlehem and the City for use of Johnston Park for the purpose of parking cars during Musikfest 2005 for the time period August 5 to August 14, 2005, according to the terms and conditions of the agreement.

President Schweder stated that the appropriate Resolution will be placed on the July 5 Agenda.

I. Rezoning Request – Linden Street and Oakland Road – RR Residential to CG Commercial General

The Clerk read a letter dated June 17, 2005 from Attorney Tamer S. Ahmed to which was attached a petition from Commerce Bank, N.A. to amend the Zoning Map in the vicinity of Linden Street and Oakland Road from RR Residential to CG Commercial General.

Attorney Tamer Ahmed, of Fitzpatrick, Lentz, and Bubba, speaking on behalf of Commerce Bank, explained there was a mix-up from Commerce Bank in regards to who has to authorize the signature. Attorney Ahmed, informing the Members that the affidavit is on its way, noted he should have it in his office tomorrow. Attorney Ahmed notified the assembly that he is appearing tonight on behalf of Commerce Bank as their agent, and authorizing the submission of the petition.

In response to President Schweder, Christopher Spadoni, City Council Solicitor, confirmed that is acceptable.

Scheduling Public Hearing

Mr. Donchez and Mrs. Belinski moved to schedule a Public Hearing on Tuesday, August 16, 2005 at 7:30 PM in Town Hall.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

8 . REPORTS

A. President of Council

None.

B. Mayor

None.
C. Public Safety Committee

Mr. Leeson, Chairman of the Finance Committee, presented an oral report of the Committee’s meeting held this evening, June 21, 2005, prior to the City Council Meeting on the following subjects: Amending Police Civil Service Rules – Physical Agility Requirements; and Community Policing Task Force – Final Report.

9. ORDINANCES FOR FINAL PASSAGE
A. Bill No. 27 – 2005 – Amending Non-Utility Capital Budget – Stefko Boulevard Study, HOME Investment Trust, and Additional Projects

The Clerk read Bill No. 27 – 2005, Amending Non-Utility Capital Budget – Stefko Boulevard Study, HOME Investment Trust, and Additional Projects, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 27 – 2005, hereafter to be known as Ordinance 4327, was declared adopted.
B. Bill No. 28 – 2005 – Amending General Fund Budget – Health Bureau

The Clerk read Bill No. 28 – 2005, Amending General Fund Budget – Health Bureau, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 28 – 2005, hereafter to be known as Ordinance 4328, was declared adopted.

C. Bill No. 29 – 2005 – Pennsylvania Municipal Retirement System – Changing Member Benefits

The Clerk read Bill No. 29 – 2005, Pennsylvania Municipal Retirement System – Changing Member Benefits, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 29 – 2005, hereafter to be known as Ordinance 4329, was declared adopted.

10. NEW ORDINANCES
A. Bill No. 30 – 2005 – Amending Community Development Budget – 2005 CDBG and HOME Programs

The Clerk read Bill No. 30 – 2005, Amending Community Development Budget – 2005 CDBG and HOME Programs, sponsored by Mr. Donchez and Mr. Mowrer, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE COMMUNITY DEVELOPMENT BUDGET FOR
2005.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 30 – 2005 was declared passed on First Reading.

11. RESOLUTIONS

Considering Resolutions as a Group

Mr. Donchez and Mrs. Belinski moved to consider Resolutions 11 A through 11 C as a group: Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

A. Certificate of Appropriateness – 24 East Wall Street

Mrs. Belinski and Ms. Szabo sponsored Resolution 14,622 that granted a Certificate of Appropriateness to install a wooden privacy fence at 24 East Wall Street.

B. Certificate of Appropriateness – 259 East Market Street

Mrs. Belinski and Ms. Szabo sponsored Resolution 14,623 that granted a Certificate of Appropriateness to install a metal gate and fence sections at 259 East Market Street.

C. Certificate of Appropriateness – 535 Main Street

Mrs. Belinski and Ms. Szabo sponsored Resolution 14,624 that granted a Certificate of Appropriateness to repair the brick and paint the exterior of 535 Main Street.

Voting AYE on Resolutions 11 A through 11 C: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolutions passed.

D. Authorizing Execution of Amendment to Lease Agreement – Allenbeth Associates

Mrs. Belinski and Mr. Leeson sponsored Resolution 14,625 that authorized the Mayor and the Controller to execute Amendment No. 1 to Lease Agreement between the City and Allenbeth Associates Limited Partnership for the purpose of renewing the lease term and setting forth the rent due to the City during the renewal term for rental of City-owed property located off Stefko Boulevard for parking, 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.

E. Designating Agent – Pennsylvania Emergency Management Agency

Mrs. Belinski and Mr. Leeson sponsored Resolution 14,626 that authorized Michael Sankovsky, Emergency Management Coordinator/Assistant Fire Chief, to execute for and in behalf of the City all required forms and documents for the purpose of obtaining financial assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution passed.

F. Applying for MPOTEC Grant – Police Bicycle Training

Mrs. Belinski and Mr. Leeson sponsored Resolution 14,627 which authorized obtaining reimbursement of monies for expenses incurred in connection with the Police Department’s International Police Mountain Bike Association (IPMBA) Training Class scheduled for July 18-25, 2005, pursuant to the training provisions of the Municipal Police Officers’ Education and Training Act, and agreeing that while receiving any funds from the Commonwealth of Pennsylvania pursuant to the Act, the City of Bethlehem shall adhere to the rules, regulations and training standards established by the Municipal Police Officers’ Education and Training Commission (MPOETC).

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution passed.

12. NEW BUSINESS

Zoning Ordinance Regulations

Ms. Szabo, communicating that she got carried away with her objections to RR and the Steep Slope Ordinances, said she wants the record to show “that under no circumstances am I blaming, accusing…Darlene Heller of the problems and the things that have to be changed on those two ordinances. All of that was developed prior to Mrs. Heller’s employment with the City of Bethlehem. She is not responsible for the mish-mash.”

North Street and Guetter Street – Proposed Development

Mr. Leeson wondered if Mayor Callahan could share with the public the tremendous news that is very exciting described in the memorandum from Laura Burtner, Deputy Director of Economic Development. Mr. Leeson said this is one of the biggest things to happen in Bethlehem in years.

Mayor Callahan noted the memorandum to which Mr. Leeson is referring is a memorandum that the Administration gave to City Council from Ms. Burtner regarding the potential sale of the Bethlehem Parking Authority lot at the corner of North Street and Guetter Street for a $50 million project in the heart of the downtown that would be a mixed-use development and include a restaurant, retail, an 80 to 100 room hotel, and approximately 70 high end condominiums. It would be a mid-rise 17 story building, and would represent the single largest economic development project in the downtown of the City of Bethlehem. Mayor Callahan observed that a $50 million project would bring in upwards of $1.5 million in tax revenue to the community, including School District, County, and City taxes. The City’s share would be roughly about $300,000 a year of new revenue. Mayor Callahan added there is no tax abatement and no economic incentives in terms of governmental financing involved in the project. Mayor Callahan communicated it has always been said that the City wants to try to create the right environment in terms of quality of life to provide an incentive to the private sector to invest. Mayor Callahan continued on to say the City can only go so far with tourism and visitors, and needs to have people living in the City, and that is what is going to support the downtown merchants. Mayor Callahan pointed out the project is a fine example of that. Mayor Callahan, noting it is a very urban set-up in terms of the mixed use aspect of the building, commented that all want to try to encourage those mixed uses in the downtown. Remarking he is very excited about it, Mayor Callahan observed it will not only provide tremendous tax revenue but it will bring a lot of vitality and energy to the downtown that is already thriving. Mayor Callahan further communicated it will take the downtown to a new level. Mayor Callahan noted it will bring a lot of needed cash to the Parking Authority, and will increase the occupancy rate of the North Street Garage that is another important, added benefit. Mayor Callahan restated that, if the sale goes through as expected tomorrow, it would provide an approximate $300,000 “shot in the arm to the City of Bethlehem as well in terms of revenue. Now those are CDBG dollars, so…there are some restrictions as to how we can use those dollars. But, nonetheless, we have plenty of needs around CDBG.”

Mr. Leeson asked is the developer ready to break ground, or is he buying it and going to test the waters. Mr. Leeson continued on to ask does the City have a sense as to how close is the project to starting.

Mayor Callahan replied the developer is in negotiations with a number of experienced hotel operators, no formal agreement has been reached, but the interest has been high. The developer is also in negotiations with a local restaurateur but is not ready to announce anything. Mayor Callahan explained that the market analysis of the strong residential market in the City indicates the developer will be successful in selling the condominium units that will range from $250,000 to upwards of $1 million per unit. Mayor Callahan communicated it says a lot about the quality of the downtown, the amenities the City has to offer, and the kind of environment in which people would be willing to pay those prices to live in the City. Mayor Callahan thought that was exactly the kind of development the City should be encouraging in the downtown. Noting it is hard to say at this point what the timeline is, Mayor Callahan commented that, although he does not think the developer is ready to break ground, the developer feels confident that the project will be successful.

Mr. Leeson, asking if the project will be contingent in any way on the sales of the condominium units, queried whether the developer will get commitments before he breaks ground.

Mayor Callahan observed that a developer would need to be able to show a bank that a project would be successful, otherwise the bank would not lend the money. Mayor Callahan commented that the developer is ready enough to move forward with the offer of $600,000 to buy a ¾ acre lot in the downtown. Mayor Callahan thought that in and of itself indicates the developer’s excitement and desire to move forward with the project because the developer is putting money on the table.

President Schweder asked how long has the piece of property been for sale.

Mayor Callahan replied it has not been for sale.

President Schweder wondered how the developer knew to purchase it.

Mayor Callahan, affirming it is a Parking Authority property, thought how the initial contact was made would be better to ask of the Executive Director of the Parking Authority.

President Schweder inquired is there any policy that the sale would be competitively bid.

Mayor Callahan, noting there were bids, and while observing these are probably questions better asked of the Parking Authority and their solicitor, said his understanding is, provided the appraised value of the lot is within a certain range of the offer, that is all that is required in terms of the sale of the property. Mayor Callahan continued on to say the Authority is quite confident that the land will be appraised at more than $600,000.
Mrs. Belinski, confirming she is City Council’s liaison to the Parking Authority for eight years, stated she is always turned away every time there is an Executive Session. Explaining that she questioned why the rules cannot be changed and why she is left out of everything, Mrs. Belinski said that is why this comes as a shock to her. Mrs. Belinski added that until the memorandum was given to Members of Council tonight she did not know anything about it. Mrs. Belinski asked if the project is in the Enterprise Zone.

Mayor Callahan responded he does not believe it is, and the City will get the full amount of tax.

Mrs. Belinski asked how high is Mr. Pektor’s building planned to be that will be located up the street.

Mayor Callahan expressed he believes it is a six story building.

Mrs. Belinski, querying which building will tower over the other, observed the building Mr. Posh is planning is located down hill from Mr. Pektor’s, and wondered will they be at the same level of height.

Mayor Callahan indicated he believes Mr. Posh’s building will be the highest building in downtown Bethlehem.

Mrs. Belinski highlighted the fact that there is a sign at the high-rise building at Broad and New Street where there are many vacant offices. In addition, Mrs. Belinski pointed out that Martin Tower at Eighth Avenue is a “white elephant”. Mrs. Belinski said she thought the trend was going away from tall structures. However, Mrs. Belinski remarked it is great if the City will get the tax money. Mrs. Belinski, advising she was told by members of the Center City Block Watch that they were given a walking tour down North Street, related the members were told that in the unit block of West North Street on the south side from the point of the vacant lot all those homes are eventually going to be bought out and become parking. Mrs. Belinski observed that houses in the area will be dwarfed by the huge building next door to them. Mrs. Belinski inquired if it is true that there are future plans for parking. Mayor Callahan noted he does not know who indicated that to members of the Center City Block Watch.

Mayor Callahan, expressing he is excited about the fact that the project is going to take place, said he thinks it is a good thing for the City and the downtown.

13. COURTESY OF THE FLOOR

Wawa - East Boulevard and Easton Avenue

William Scheirer, 1890 Eaton Avenue, commented that Members of Council have expressed concern about the Wawa proposed for the corner of East Boulevard and Easton Avenue that would operate 24 hours a day 7 days a week with 12 gasoline pumps. Mr. Scheirer said anyone who doubts that this would be very poor land use should drive around that block after dark and note the peace and quiet that will be devastated. Further, Mr. Scheirer stressed there is no need for another gasoline station there. Mr. Scheirer, asserting that Wawa's aim is clearly to drive other gas stations out of business, stated that, in order to accomplish this, Wawa proposes to greatly diminish the quality of life in this neighborhood. Questioning how did this come about, Mr. Scheirer informed the assembly that not all of the germane facts have been reported in the press. Mr. Scheirer said he would like to bring the facts to attention and ask Council to do something. Mr. Scheirer recalled the story began when the Zoning Hearing Board was asked for a lot size variance on this corner so that half of the former Valley Farm Market property could be townhouses and half could be an Eckerd drug store that would close before midnight. This was approved. Then Eckerd was acquired by CVS, who decided they did not need another store on that corner. Mr. Scheirer related that, in steps, Wawa decided to take advantage of the variance and to file a land use and subdivision plan with the Planning Commission. In response to questions from citizens, the solicitor of the Planning Commission investigated the decision of the Zoning Hearing Board and determined that the oral motion, captured on the tape of the proceedings, specified that the Eckerd would close before midnight. Mr. Scheirer pointed out that for some reason, this aspect of the motion was not included in the written decision of the Zoning Hearing Board, written by its solicitor, who is an entirely different solicitor altogether. However, Mr. Scheirer noted that Wawa was careful to comply with every single request of the City's Planning office in revising its land use and subdivision plan, which made a bad situation only slightly better. Since this was the only matter before the Planning Commission, it put the members in a difficult position: either accept the plan or reject it for reasons outside their purview. One member asked the solicitor if the courts could consider hours of operation if Wawa appealed a rejection of their plan. With an answer in the affirmative, this member voted against the plan. Mr. Scheirer pointed out that, unfortunately, the other two members present voted the other way and the plan was approved. Mr. Scheirer, remarking that two members carried the day because only three members were present, said, if not a miscarriage of justice, this is certainly a miscarriage of planning. Mr. Scheirer expressed his understanding that the residents are contemplating a lawsuit to rectify this situation. Mr. Scheirer stated they would be aided if City Council were to pass a resolution stating that this is not good planning, and added that Council might also want to say that this is not the fault of the City's Planning office.

Mr. Leeson, asking the date of the decision, inquired if it is more than 30 days old, and if the appeal period expired.

Ms. Heller, replying yes, said it was July of 2004.

Mrs. Belinski noted that Lawrence Krauter, member of the Planning Commission, had a list of 11 names of people who were supposedly notified about the results of the Zoning Hearing Board meeting if they wanted to appeal, and there were people in the audience whose names were supposedly on the list who said they were never notified. Mrs. Belinski asked does the Zoning office have the return receipt showing that certified mail was sent to formally notify the individuals.

Ms. Heller informed Mrs. Belinski that those notices go out from the Zoning Hearing Board Solicitor, and added that the Solicitor gave her office a list of those who received that notice. Ms. Heller, in further response to Mrs. Belinski, said she does not know if the mail is sent certified.

Mr. Leeson, asking if Christopher Spadoni, City Council Solicitor, could look into the matter, said he does not know whether the time has expired to do anything about this or not. Mr. Leeson observed if there was failure to give notice to individuals who appeared and objected, or failure to give notice to people who appeared and protested, there may still be an opportunity to do something. Mr. Leeson stated it needs to be known whether this is a closed matter, or whether what appears to be the original intent of the Zoning Hearing Board can still be implemented through some type of appeal. Mr. Leeson said, if Members of Council do not have any objection, he would like to make that request of Attorney Spadoni and have him report back to Council.

Mrs. Belinski related that she was told people at the Zoning Hearing Board meeting asked that the issue be tabled but were told it could not be tabled and there had to be an action taken. However, Mrs. Belinski said she was later told that even tabling it was in fact an action and could have delayed the issue for 90 days so they could have been properly informed and had a chance to appeal.

Mr. Leeson also asked Attorney Spadoni to look into the interplay between the Planning Commission and Zoning Hearing Board, in the event there perhaps may be the opportunity to appeal through Planning Commission action. Mr. Leeson, observing something did not work right, said he is not quite sure what it is.

President Schweder informed the Members that he has also asked Attorney Spadoni to look for some creative ways for Council to become more involved in this process, in light of what has been witnessed over the last several months.

Patriot Act

Clint Walker, 128 East Church Street, said he is at the Meeting with other members of the Bill of Rights Defense Committee of the Lehigh Valley to tell Council of the urgency of the situation under the Patriot Act. Mr. Walker reminded the Members that the Bill of Rights Defense Committee of the Lehigh Valley is a grass roots group that is working to counter the abuses, actual and potential, of civil liberties under the Patriot Act and associated executive orders. Mr. Walker said the Bill of Rights Defense Committee of the Lehigh Valley acknowledges that, of course, it is essential for government to prevent and punish terrorism. The group also believes that the Bush Administration has never proven that protecting the country against terrorism actually requires reducing our protections under the Bill of Rights. Furthermore, the group believes that the Administration’s claims that the Patriot Act does not infringe and could not infringe on civil rights are less than accurate. Mr. Walker stated if one wonders where opposition to the Patriot Act resides on the political spectrum from left to right it is all over the spectrum. Mr. Walker said one organization that has mobilized to roll back the Patriot Act is called Patriots for Restoring Checks and Balances, headed by retired Congressman Bob Barr who people may remember as the nemesis of President Bill Clinton during the impeachment proceedings. Mr. Barr’s organization is a coalition of organizations including the Association of American Physicians and Surgeons who are excited about privacy of medical records, the American Conservative Union, Americans for Tax Reform, the Citizens Committee for the Right to Keep and Bear Arms, the Libertarian Party, the Second Amendment Foundation, and the American Civil Liberties Union. Mr. Walker advised that three members of his group attended a meeting last Saturday in Harrisburg to mobilize the anti-Patriot Act effort in Pennsylvania. On the panel of speakers were Bob Barr, an officer of the national headquarters of the Libertarian Party, officials from the ACLU, a representative from the national office of the American Library Association, and two City Council Members from York. Mr. Walker highlighted the fact that it is not just the extremes, but it is the middle also. Mr. Walker advised there is legislation before Congress right now sponsored by Senators Craig, Durbin, and Sununu called the SAFE (Security and Freedom Ensured) Act to roll back what they see as the dangers of the Patriot Act. Mr. Walker pointed out that his group was very surprised to learn that in August 2004 a letter had been sent on City letterhead with the signatures of Mayor Callahan, five members of Council, and some other City officials to President Bush, Senators, and Congressmen expressing their reservations about the Patriot Act. Mr. Walker noted that President Bush’s response is he wants the Patriot Act to continue, and to increase the police powers of the associated laws. Stressing the situation has changed, Mr. Walker asserted that more letters and more communication are needed. Mr. Walker further advised that President Bush is pushing Congress and trying to get this on the fast track. The legislation has been reported out of the Senate Intelligence Committee favorably, and it is before Senator Specter’s Judiciary Committee. President Bush wants Congress to get this legislation through before Congress recesses for August so that he can sign the renewal on September 11. Mr. Walker notified the assembly that one of the speakers at the meeting in Harrisburg was Alicia Torres, the widow of Luis Torres who died in the north tower of the World Trade Center on September 11. Ms. Torres said that she did not want the Bill of Rights to become another victim of September 11. Mr. Walker stated “we invite you, we urge you to write letters, not just as ordinary citizens, but on your letterhead…to Senator Specter and to Representative Dent if this issue animates you.” Mr. Walker advised that talking points can be found at www.aclupa.org and www.bordc.org. Mr. Walker notified the assembly that the Bill of Rights Defense Committee is reworking a position statement for Council to consider adopting to make Bethlehem a civil rights safe zone against the Patriot Act.

Barbara Diamond, 425 Center Street, observed this is not an issue that is gravitated towards the right or the left. Ms. Diamond advised that since people have been coming before Council to talk about the Patriot Act, the number of cities, states, and organizations seeking reform of the Patriot Act and related executive orders continues to grow. She pointed out that 389 municipalities, 7 states, and many organizations now favor some kind of reform. Organizations such as the National League of Women Voters, New Jersey League of Municipalities, American Library Association, National Federation of Press Women, and National League of Cities have expressed their positions against the Patriot Act. Ms. Diamond, stating that the group is here to ask for Council’s help, pointed out that Pennsylvania is now a most important State in the effort to preserve citizens liberties and restore some checks and balances because of Senator Specter’s position on the Judiciary Committee. Ms. Diamond, informing the assembly that Senator Specter is in favor of reforming the Patriot Act, advised he is a sponsor of the SAFE Act. However, Senator Specter is under heavy pressure to abandon the SAFE Act and to make permanent the 12 provisions that are set to expire at the end of this year, as well as to expand the Patriot Act with even more police powers. Ms. Diamond explained that the group is asking Council individually and collectively to consider writing a letter to Senator Specter that encourages him to be firm in his own support for the SAFE Act. Stressing that Council’s voice would be very important, Ms. Diamond said if Council decides to do so it is thought best to write to Senator Specter’s local office since there are about six weeks to try to effect some change. Ms. Diamond distributed to the Members copies of several editorials from around the State that support the points she made concerning not making permanent the 12 provisions set to expire this year, and not to increase the powers of the Patriot Act. She added there was an editorial in the Morning Call yesterday in which it was stated that none of the Patriot Act should be made permanent.

Steve Diamond, 425 Center Street, recounted various times throughout history such as when citizens saw in the Coffey era lives ruined by people in power using their power to search out for communists. He noted it took years to reverse the culture and tenure in Washington at that time, but thankfully there was not a Patriot Act to go after people and get into their lives and try to get information to destroy them. Mr. Diamond continued on to recount that during the 1960’s there was J. Edgar Hoover, of the FBI, who had Martin Luther King followed and wiretapped, had marchers followed and beaten, and he abused his power. Mr. Diamond remarked “just think if he had the Patriot Act to use to get into the inners of a person’s life and finances and health. Mr. Diamond pointed out that throughout history citizens have seen power abused. Mr. Diamond questioned why codify laws that encroach on the Bills of Rights and welcome the possibility of abuse of organizations that one cannot even fathom who will be leading the people in the future. Mr. Diamond stressed that the Bill of Rights was the first document written by the forefathers to state their dismay against abuses of the English government for unauthorized searches. Mr. Diamond queried were these people patriots to England to allow the encroachment on their rights, or were they not patriots. Mr. Diamond noted that in 2001 the Patriot Act was passed by the public out of fear of terror. Mr. Diamond continued on to note that, recently, emboldened by the public’s continued fear, more laws are sought to be added to the Patriot Act. One was added recently by the Senate Intelligence Committee called an Administrative Subpoena in which case an FBI field officer can unilaterally search a residence, a place of work, financial records, and health records without getting judicial permission. Mr. Diamond said this provision, along with other provisions of the Patriot Act, will now be reviewed by the Senate Judiciary Committee, and added that 10% of the Patriot Act is ready to sunset. The Chairman of the Committee is Senator Specter who will have much to say about the contents of the bill. Mr. Diamond remarked that Pennsylvania and Senator Specter will be at the center of the vortex of discussion. Mr. Diamond, stressing that the words of Bethlehem City Council will have much impact, asked that City Council write to Senator Specter, Congressman Dent, and perhaps Senator Santorum and state “let the provisions that are ready to sunset to sunset. If not, please put in proper checks and balances so that abuse cannot occur in the future. Make a stand against administrative subpoenas where an individual could make a decision to enter your own privacy unilaterally without any judicial oversight, and [state] that you support the SAFE Act…that will check abuses. Please show you are patriotic by asking to back the Bill of Rights. Your silence will loudly resound through the community. Please take a leadership position as an American community stating that Americans cannot tolerate abrogation of the Bill of Rights.”

Addison Bross, 258 East Market Street, thanked President Schweder for the letter that was sent several months ago to the President, Attorney General, two Senators from Pennsylvania, and the Pennsylvania Representatives. Mr. Bross noted that in the letter, about which he thanked Mrs. Belinski for telling him, the Members who signed very strongly expressed their dismay and fear at some of the possible encroachments of American civil liberties provided through the Patriot Act. Mr. Bross said when he saw the letter he was very proud that Bethlehem had made a beginning response against the dangers of the Patriot Act that are imposed on the freedom to read without telling an FBI official what the person is reading, the right not to have a person’s home searched on slim suspicion of wrongdoing, and without adequate judges support. Mr. Bross continued on to note that in the letter dismay was expressed at several other provisions in the Patriot Act. Mr. Bross asked that Council build on the first letter. Mr. Bross expressed the belief that the work Senator Specter is doing is great work for the United States. Noting that Senator Specter replaced Senator Hatch recently on the Judiciary Committee, Mr. Bross noted Senator Specter has been asking for genuine review of the unfortunate provisions of the Patriot Act. Mr. Bross said he is proud to be a constituent of Senator Specter. Mr. Bross recalled that Senator Specter recently remarked on the floor of the Senate that the same requirements for a search of a home should be in place which would continue to be removed if the provisions of the Patriot Act are now maintained, and people will be even less safe if they are extended. Mr. Bross communicated that he regards Senator Specter as a courageous person. He continued on to say one does not need to be told that a deafening silence has prevailed on a lot of issues that are before the country. Mr. Bross commented that people will probably remember that the identity of a secret Central Intelligence Agency member was exposed not long ago, an investigation was begun, and members of Senator Specter’s party have met this event with silence. Mr. Bross highlighted the fact that a closed door meeting of the Senate Intelligence Committee is where discussions were held recently to maintain and expand the Patriot Act. Senator Specter and a number of other Senators were given a briefing following the closed door meeting, and Senator Specter’s remarks to the press were that they had no specifics to offer. Mr. Bross pointed out that after a closed door meeting at that point even Senator Specter was uncertain what the Senate Intelligence Committee is doing in regards to the Patriot Act. Mr. Bross, expressing his belief that Senator Specter deserves Council’s support, thought that Senator Specter should receive support in the form of a letter of the sort that Mr. Diamond has just suggested. Mr. Bross commented that Council should urge Senator Specter to do what is possible to preserve civil liberties. Mr. Bross noted that a great number of municipalities and states across the country have come out with resolutions against the Patriot Act. Mr. Bross asked is there some reason why Bethlehem deserves less of a set of safeguards for its citizens liberties, and is there some quality of Bethlehem citizens that would disqualify them for such protection. Mr. Bross urged Council to follow up on the first step, for which he is grateful, in the form of their letter of several months ago, by sending their support to Senator Specter in a letter urging him to do what is possible to safeguard civil liberties against the greatly misnamed Patriot Act.

Peter Crownfield, 569 Brighton Street, urged Council to write a letter to Senator Specter who, he pointed out, is facing a challenge of pressure from President Bush and some of the party leaders. Mr. Crownfield, pointing out that people can help to support Senator Specter, said if he knows the people he represents are behind him it will make it a lot easier for him to continue to be courageous. Mr. Crownfield stated it is very clear throughout the Constitution, the Bill of Rights, and the founding documents that the nation’s founders believed the government should be transparent, open, and accountable to its people. Mr. Crownfield said what is seen now with the Patriot Act and its non-judicial administrative subpoenas and the secrecy surrounding the operations is that “we’re getting very close to a secret police…The citizens are open and transparent to the government and [the government is] accountable to no one…I think it’s time to put Bethlehem on record. And, I hope that we will get to the point of a Resolution…But right now I think it’s very important to write that letter to Senator Specter. Give him the support he needs to continue to be courageous.”

Garbage Containers, Youth Programs, Drugs and Crime

Eddie Rodriquez, 436 Pawnee Street, expressed his thanks for the City’s help. Mr. Rodriquez, noting it is his understanding that each garbage container he was asking for costs $710, communicated he cannot see wasting that much money on a container that will be thrown all over the City. Mr. Rodriquez noted that containers can be moved easily by anyone passing by. Mr. Rodriquez recalled that years ago he sat down with representatives of the Touchstone Theater to voice his opinions and ideas about future youth programs, and the possibility of constructing a recreational center. Mr. Rodriquez further recounted that he had a youth program on the South Side since he saw the potential for it, and the Parks and Public Property Department donated some equipment for it. Mr. Rodriquez communicated that his vision is long gone as he feared then if something would not be done soon enough. Mr. Rodriquez stressed that a different breed of the criminal element has come into the City’s midst, and has found a haven for negativity and its evil ways. Mr. Rodriquez noted that one can read the newspapers and see what he is speaking about. He continued on to stress that it is affecting homes, neighborhoods, the way of living, and children. Mr. Rodriquez observed that someone’s normal work day will change when they receive a call that their home was burned down, vandalized, their car was stolen, or their children were caught up in a web of trouble. Mr. Rodriquez said probably, and most likely, these problems and issues involved drugs or violence. Mr. Rodriquez observed that graffiti is covering the City. Mr. Rodriquez remarked that as people sleep their homes are being robbed. Mr. Rodriquez highlighted the fact that the City talks about economic development, taxes, and lawsuits, but asserted no one is doing anything about the ever-existing problem of negative behavior that has overcome neighborhoods and is affecting present lives. Mr. Rodriquez commented that prison walls may hold criminals for a time but evil will have its way when the person enters the revolving, vicious cycle in and out of prison and doing what was done initially by profiting from other people’s lives with crimes, drugs, and violence. Mr. Rodriquez urged the City to get actively involved with its residents to see what are the problems. Mr. Rodriquez pointed out that people are presently living in fear of retaliation and felt this is the reason why residents do not participate in meetings and block watch groups, or maybe they just do not care because they think the City does not care either. Mr. Rodriquez asserted that most residents do not have confidence in City government. He believed the City must take the initial step to unite its residents and have a willingness to listen and assist. Mr. Rodriquez said “we as a whole cannot allow negativity to control our neighborhoods, our residents, or the City. We want to take preventive measures to prevent things from happening, and by stopping our crimes…and drug activity.”

Patriot Act; Zoning Hearing Board; and Problems in the City

Dean Bruch, 625 Hawthorne Road, stated that Mr. Rodriquez is a real credit to the community. Mr. Bruch said he would like to drive with Mr. Rodriquez in the City one day. Mr. Bruch, advising that he took the citizens police course, communicated it is very interesting to take the course. Mr. Bruch added that he also was taken on a tour of the watershed. Mr. Bruch expressed his appreciation for Council Members taking the time when citizens ask them for help. Mr. Bruch, referring to the Patriot Act, observed that until someone is directly attacked they do not seem to care. Mr. Bruch, noting there was a Zoning Hearing Board meeting of which he was not notified, advised he was told that the matter is posted on a pole but he does not go around looking at poles to be notified. Mr. Bruch expressed the hope that the North Side stays intact and to see the day that people live in harmony. Mr. Bruch remarked it is disgusting to think of how much a person is willing to pay for illegal drugs. Mr. Bruch stated that the Block Watch members know what is going on but are afraid to say something. Pointing out that the resolution to the problems should start in the schools and in families, Mr. Bruch stressed that people should be taught they work for what they get, they learn, become educated, and get their money that way.

14. ADJOURNMENT
The meeting was adjourned at 9:05 p.m.