Council Minutes

February 20, 2007 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, February 20, 2007 – 7:30 PM

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

President Schweder called the meeting to order. Father John Little of Saints Simon and Jude’s Church offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Karen Dolan, Robert J. Donchez, Joseph F. Leeson, Jr., Gordon B. Mowrer, Magdalena F. Szabo, and J. Michael Schweder 7.

Executive Session

President Schweder announced that City Council met in Executive Session this evening,
February 20, 2007 at 7:00 PM in the Mayor’s Conference Room to consult with the attorney or other professional advisors regarding information or strategy in connection with litigation and issues on which identifiable complaints are expected to be filed or have already been filed.

4. APPROVAL OF MINUTES

None.

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

None.

6. OLD BUSINESS

None.

7. COMMUNICATIONS

A. Lehigh County COG Mayor Callahan – Lehigh County Congress of Governments (COG)

President Schweder stated that Communication 7 A would be passed over because there is a question for the City Council Solicitor.

B. Business Administrator – Appointing Auditors – 2006 Audit

The Clerk read a memorandum dated February 15, 2007 from Dennis Reichard, Business Administrator, requesting a resolution to approve Maher Duessel, Certified Public Accountants from Harrisburg, to perform the 2006 Audit. The proposed not-to-exceed fees for 2006 are as follows: General Purpose Financial Statements $44,950; Single Audit Reports $5,900; Water Fund $8,500; Sewer Fund $6,500; Bethlehem Area Public Library $3,500; and Bethlehem Parking Authority $6,225, for a total of $75,575.

President Schweder referred the matter to the Finance Committee.

C. Parks and Public Property Director – Use Permit – Lehigh Little League

The Clerk read a memorandum dated February 12, 2007 from Charles Brown, Director of
Parks and Public Property, outlining a report and recommendations as a result of the meeting held with Lehigh Little League representatives, and advising that representatives of the Bethlehem Cardinals and the Parks and Public Property Department plan to attend the Lehigh Little League Board meeting on February 26.

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

D. City Solicitor – Lease Agreement - Police Substation - 745 Linden Street

The Clerk read a memorandum dated February 16, 2007 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Lease Agreement between the City and William G. Meila for use of 400 +/- square feet on the first floor of 745 Linden Street for a police substation for a period of five years, according to the terms and conditions of the lease agreement.

President Schweder referred the matter to the Public Safety Committee.

E. City Solicitor - Use Permit Agreement – AAUW-Bethlehem Branch - 2007 Book Fair

The Clerk read a memorandum dated February 15, 2007 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Use Permit Agreement between the City and the American Association of University Women, Bethlehem Branch, for use of the Memorial Pool Building for the 2007 Book Fair for the period March 19, 2007 to April 30, 2007, according to the terms of the Agreement.

President Schweder stated that the appropriate Resolution will be placed on the March 6 Agenda.

F. City Solicitor - Records Destruction Resolution - Police Department

The Clerk read a memorandum dated February 15, 2007 from John F. Spirk, Jr., Esq., City Solicitor, in which it was requested that City Council authorize the destruction of records for the Police Department as listed in the attached Exhibit under the provisions of the Municipal Records Retention Act that was adopted by City Council.

President Schweder stated that the appropriate Resolution will be placed on the March 6 Agenda.

G. City Solicitor - Records Destruction Resolution - Tax Bureau

The Clerk read a memorandum dated February 15, 2007 from John F. Spirk, Jr., Esq., City Solicitor, in which it was requested that City Council authorize the destruction of records for the Tax Bureau as listed in the attached Exhibit under the provisions of the Municipal Records Retention Act that was adopted by City Council.

President Schweder stated that the appropriate Resolution will be placed on the March 6 Agenda.

H. City Solicitor - Fourth Amendment to Tower Lease Agreement - New Cingular Wireless - South Mountain Park

The Clerk read a memorandum dated February 16, 2007 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Fourth Amendment to Tower Lease Agreement between the City and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor in interest to Pennsylvania Cellular Telephone Corporation d/b/a/ AT&T Wireless Service, concerning lease of a portion of the building located in South Mountain Park on South Mountain Drive, according to the terms and conditions of the Agreement.

President Schweder referred the matter to Committee.

8 . REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Amanda Hannon – Fine Arts Commission

Mayor Callahan appointed Amanda Hannon to membership on the Fine Arts Commission, effective until February 2010. Mr. Donchez and Ms. Dolan sponsored Resolution 14,996 to confirm the appointment.

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

2. Administrative Order – Tomacene Nickens – Police Civil Service Board

Mayor Callahan appointed Tomacene Nickens to membership on the Police Civil Service Board, effective until February 2011. Ms. Dolan and Ms. Szabo sponsored Resolution 14, 997 to confirm the appointment.

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

3. Administrative Order – Richard Benner – Board of Historic and Architectural Review

Mayor Callahan reappointed Richard Benner to membership on the Board of Historic and Architectural Review, effective until January 2012. Mr. Donchez and Mr. Leeson sponsored Resolution 14,998 to confirm the appointment.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mower, and Ms. Szabo, 6. Voting NAY: Mr. Schweder, 1. The Resolution passed.

4. Administrative Order – Dr. Sally Haggerty – Board of Health

Mayor Callahan reappointed Dr. Sally Haggerty to membership on the Board of Health, effective until January 2012. Mr. Donchez and Mr. Leeson sponsored Resolution 14,999 to confirm the appointment.

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

5. Administrative Order – Dave Sanders – Bethlehem Housing Authority

Mayor Callahan reappointed Dave Sanders to membership on the Bethlehem Housing Authority, effective until January 2012. Mr. Donchez and Ms. Dolan sponsored Resolution 15,000 to confirm the appointment.

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

6. Administrative Order – Nancy Shelly – Board of Historic and Architectural Review.

Mayor Callahan reappointed Nancy Shelly to membership on the Board of Historic and Architectural Review, effective until January 2012. Mr. Donchez and Ms. Szabo sponsored Resolution 15,001 to confirm the appointment.

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

C. Finance Committee

Joseph F. Leeson, Jr., Chairman of the Finance Committee, presented an oral report of the Committee's meeting held on Tuesday, February 13, 2007 at 4:15 PM on the following subject: Treasurer's Escrow Account – Borrowing.

D. Community Development Committee

Magdalena F. Szabo, Chairwoman of the Community Development Committee, presented an oral report of the Committee's meeting held on Tuesday, February 13, 2007 at 6:15 PM on the following subjects: Amending Article 1701 – Pennsylvania Uniform Construction Code, Amending Article 1702 – Fees for the Enforcement of the Pennsylvania Uniform Construction Code; Authorizing Pennsylvania Department of Community and Economic Development Grant – YMCA; and Transportation Enhancement Grants - West Broad Street Streetscape Improvements and South Bethlehem Greenway.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 1 – 2007 – Amending Article 1733 – International Property Maintenance Code – Carbon Monoxide Detectors

The Clerk read Bill No. 1 – 2007 - Amending Article 1733 – International Property Maintenance Code – Carbon Monoxide Detectors, sponsored by Ms. Szabo and Mr. Leeson, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES
OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING ARTICLE 1733 OF THE
CODIFIED ORDINANCES ENTITLED INTERNATIONAL
PROPERTY MAINTENANCE CODE.

Voting AYE on Bill No. 1 - 2007: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 1 – 2007 was declared passed on First Reading.

B. Bill No. 2 – 2007 – Amending Article 1701 – Pennsylvania Uniform Construction Code

The Clerk read Bill No. 2 – 2007 - Amending Article 1701 – Pennsylvania Uniform Construction Code, sponsored by Ms. Szabo and Mr. Leeson, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 1701 OF THE CODIFIED ORDINANCES
ENTITLED PENNSYLVANIA UNIFORM CONSTRUCTION CODE.

Voting AYE on Bill No. 2 - 2007: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 2 – 2007 was declared passed on First Reading.

C. Bill No. 3 – 2007 – Amending Article 1702 – Fees for the Enforcement of Pennsylvania Uniform Construction Code

The Clerk read Bill No. 3 – 2007 – Amending Article 1702 – Fees for the Enforcement of Pennsylvania Uniform Construction Code, sponsored by Mr. Leeson and Mr. Mowrer, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 1702 OF THE CODIFIED ORDINANCES
ENTITLED FEES FOR THE ENFORCEMENT OF THE
PENNSYLVANIA UNIFORM CONSTRUCTION CODE,
ACT NO. 45-1999.

Mr. Mowrer inquired whether there is a charge for helicopter landings at Lehigh Valley Hospital-Muhlenberg that is located in the City versus at St. Luke’s Hospital that is not located in the City. Robert Novatnack, Deputy Fire Commissioner, responded that hospitals are not charged for helicopter landings.

Voting AYE on Bill No. 3 - 2007: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 3 – 2007 was declared passed on First Reading.

11. RESOLUTIONS

A. Authorizing PA Department of Community and Economic Development Grant – YMCA

Mr. Donchez and Ms. Dolan sponsored Resolution 15,002 that authorized the execution of an application for funds from the Pennsylvania Department of Community and Economic Development for the YMCA at 430 East Broad Street in the amount of $300,000 for prevention and elimination of blight under Section 4(c) of the Housing and Redevelopment Assistance Law by rehabilitating and expanding the dormitories.

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

B. Accepting Transportation Enhancement Grant – W. Broad Street Streetscape Improvements

Mr. Donchez and Ms. Dolan sponsored Resolution 15,003 that authorized the execution of a Federal Aid Reimbursement Agreement between the City of Bethlehem and the Pennsylvania Department of Transportation for $249,895 in TEA-21 funds under the Transportation Enhancement Act for streetscape improvements along West Broad Street and the Route 378 Gateway.

Ms. Dolan commended the City and Economic Development staff for the work done on the projects involved with Resolution 11 B, the Transportation Enhancement Grant for West Broad Street Streetscape Improvements, and 11 C, the Transportation Enhancement Grant for the South Bethlehem Greenway, in addition to the efforts of residents and young people. She added it will be a tremendous improvement in the space.

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

C. Accepting Transportation Enhancement Grant – South Bethlehem Greenway

Mr. Donchez and Ms. Dolan sponsored Resolution 15,004 that authorized the execution of a Federal Aid Reimbursement Agreement between the City of Bethlehem and the Pennsylvania Department of Transportation for $800,000 in TEA-21 funds under the Transportation Enhancement Act for streetscape improvements for Phase I Development of construction of a bike and pedestrian trail along the South Bethlehem Greenway.

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

Considering Resolutions As A Group

Mr. Donchez and Mr. Mowrer moved that Resolutions 11 D through 11 G be considered as a group. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

D. Certificate of Appropriateness – 29 East Market Street

Mr. Leeson and Ms. Belinski sponsored Resolution 15,005 that granted a Certificate of Appropriateness to alter the exterior and install fencing at 29 East Market Street.

E. Certificate of Appropriateness – 254 East Wall Street

Mr. Leeson and Ms. Belinski sponsored Resolution 15,006 that granted a Certificate of Appropriateness to replace the inappropriate front door at 254 East Wall Street.

F. Certificate of Appropriateness – 91 West Church Street

Mr. Leeson and Ms. Belinski sponsored Resolution 15,007 that granted a Certificate of Appropriateness to install a rainwater diverter on the roof at 91 West Church Street.

G. Certificate of Appropriateness – 23 East Church Street
Mr. Leeson and Ms. Belinski sponsored Resolution 15,008 that granted a Certificate of Appropriateness to convert a carport into a garage and install new fencing at 23 East Church Street.

Voting AYE on Resolutions 11 D through 11 G: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mower, Ms. Szabo, and Mr. Schweder, 7. The Resolutions passed.

12. NEW BUSINESS

Committee Meeting Announcements

Chairwoman Szabo announced a Community Development Committee meeting on February 27, 2007 in Town Hall on the following subjects: Mt. Airy Historic District, and Stefko Boulevard and Pembroke Road Corridor Study and Plan.

Chairwoman Dolan announced a Human Resources and Environment Committee meeting rescheduled on March 21, 2007 at 4:00 PM in Town Hall on the following subject: Environmental Advisory Council Ordinance.

Funding of Highway and Rail Service Projects

Mr. Leeson, focusing on Resolution 15,004 that provided $800,000 in funding by PennDot through the Federal Government for the South Side Greenway bicycle and pedestrian trail, observed that although the City gratefully accepts the money, with all the needs with respect to highways in Pennsylvania and for rail service it is ironic to see such a project funded under the label of transportation. Mr. Leeson communicated that he questions the policy-making in Harrisburg and Washington in light of funding for this type of project.

Laptops for Council Members

Mr. Mowrer remarked he has a dream that someday each Member of Council will have a laptop computer at the Council Meetings so that so much money does not have to be spent on paper, the Members would not have to deal with so many pieces of paper, and the Members could retrieve information at any time.

13. COURTESY OF THE FLOOR

Presentation of Plaque from Police Department to Charles Brown, Retiring Director of Parks and Public Property

Wade Haubert, of the Fraternal Order of Police Star Lodge 20, presented a plaque to Charles Brown, Director of Parks and Public Property, who recently announced his retirement, and pointed out that Mr. Brown has been a great friend of the Police Department and Lodge 20. Police Officer Haubert, communicating it is very difficult to put into words how the Police Department feels about Mr. Brown, noted that Mr. Brown’s words for the Police memorial dedication were taken and inscribed on the plaque. Officer Haubert added that the Police Officers are very appreciative of what Mr. Brown has done, and will never forget Mr. Brown who will be made an honorary member of the Lodge.

Mr. Brown commented that he is humbled by the presentation and expressed his appreciation. Mr. Brown noted it was an honor to be involved with the Police memorial dedication.

President Schweder observed that Mr. Brown will be receiving some well-deserved rewards and expressions of gratitude over the next several weeks from a grateful City.

Spending of Casino Fees

Dean Bruch, 555 Spring Street, referring to an article in the Morning Call about spending of fees from the casino, noted he did not read anything in the article about the City’s paying down its enormous debt. Mr. Bruch thought it would be appropriate to pay more on the principal to bring down the amount of the debt.

Employee Qualifications
Mr. Bruch wondered if anything was done about making sure that employees have the
required licenses and proper education to perform their duties before they are hired.

Water and Sewer Resources Department

Mr. Bruch thought the Water and Sewer Resources Department should be put under an Authority, and that a lock box is needed on the Department.

Mr. Bruch observed that if the filters are not fixed, then the City cannot sell water. Mr. Bruch pointed out that other communities want to have what the City has but they do not want to pay for it. Pointing out that throughout the country properties in surrounding communities have been annexed because they use the municipal services, Mr. Bruch thought the City should try to get other communities under its umbrella and there would not be questions about what to charge them for various City services.

Hogar Crea – Food Sales on the Streets

Anthony Spagnola, 10 West Fourth Street, highlighted the fact that Hogar Crea is selling cakes on the street corners and has a permit through the Health Bureau. However, Mr. Spagnola affirmed he has a restaurant business, and pointed out that he sells cakes at his restaurant while the organization is selling cakes on the streets. Mr. Spagnola wondered if City Council is aware of Hogar Crea’s activities. Mr. Spagnola further questioned if the organization pays a peddlers fee.

President Schweder, affirming he is aware of the activities, advised he has been in contact over the last four weeks with the Police Commissioner and the Health Bureau. President Schweder, stating that an e-mail he received this afternoon indicated the organization would inform the City at what locations they would be selling so their activities could be monitored, noted he happened to be in the vicinity and they were located in an area that was not on the schedule. President Schweder affirmed he will be back in contact with the Police Department about the issue. President Schweder added that the City has been contacted by numerous other businesses in the corridor about Hogar Crea’s activities.

Riverport Condominiums – Courtyard Noise from Starters Restaurant

Ana Urrutia, 11 West Second Street at Riverport Condominiums, referring to her comments at the February 6, 2007 City Council Meeting about the noise in the courtyard from Starters Riverport restaurant, advised there are eight neighbors at the Meeting this evening. Ms. Urrutia, asking for relief, advised they have called the Police, they have talked to the owner, David Rank, to Ashley Development, and to the condominium board members who told them that Mr. Rank is not willing to close the courtyard early. Ms. Urrutia recalled when she was sold the condominium she was told it would be closed at 10:00 p.m. or the restaurant would be for fine dining. Ms. Urrutia stressed that Mr. Rank’s bottom line is more important than residents’ health. Informing the assembly she spends over half of her sleep time awake, Ms. Urrutia thought the Health Bureau should look into the matter because it is sleep deprivation. Ms. Urrutia highlighted the fact that if she played music loudly in the balcony and interrupted a private function in the Starters courtyard she is sure the Police would be called because of her actions and the City’s noise ordinance would be enforced. Ms. Urrutia asked that the same be done with Starters Restaurant. Ms. Urrutia asserted that Dave Rank, Ashley Development, and Lou Pektor have not shown compassion. Ms. Urrutia asked City Council and the City to have compassion for the residents. Ms. Urrutia invited anyone to come to her apartment bedroom after midnight and try to sleep. Informing the Members she wears earplugs, Ms. Urrutia highlighted the fact that she has missed fire alarms because of wearing earplugs so that it is a safety hazard. Ms. Urrutia asked if anything was done to investigate the matter and what were the results; and, if not, what will be done. Ms. Urrutia related that Mr. Rank told residents he has been sued many times and that he never lost.

President Schweder asked the Police Commissioner what he has learned over the last two weeks with respect to the matter and enforcing the City’s Ordinances.

Randall Miller, Police Commissioner, noting the report is not yet complete, advised he met with Mr. Rank and his son and was told what Mr. Rank planned to do in the courtyard. Police Commissioner Miller added that he came up with some new ideas. Police Commissioner Miller, stating that Starters has been open since April 2006, enumerated in that time there have been nine documented noise complaints that came in from 11:30 p.m. to 2:00 p.m., and of which seven were about outside courtyard noise, and two were general complaints about the bar. Upon the Police Officers arrival in response to five noise complaints, they found no noise in the courtyard, two calls were cancelled before the Officers arrived, and one call resulted in the Officers telling Starters to turn down the music. Police Commissioner Miller related that several times when Ms. Urrutia spoke with the dispatch center they shut down by 10:00 p.m. Police Commissioner Miller advised that Mr. Rank showed him insulation that was put on the roof that passed inspection, and is intending to put a cover over the courtyard with acoustics to stop the sound from emitting through the courtyard. Police Commissioner Miller observed the two sound problems are music on Friday and Saturday nights, and the outside courtyard noise that is the most prevalent of the noise complaints. Police Commissioner Miller suggested that Mr. Rank have the Police Officer hired to do roster duty also patrol the courtyard on Friday and Saturday nights, and to have signs informing patrons of the residential units.

President Schweder questioned, if there is a City law that states there cannot be outdoor dining after midnight, why is that not enforced.

Joseph Kelly, Assistant City Solicitor, advised the Ordinance was drafted in relation to sidewalks, and the public courtyard is not a sidewalk and is private property.

President Schweder asked if Attorney Kelly would draft language to change the Ordinance to encompass this situation, or to report back on the matter.

Attorney Kelly expressed he certainly will do what the Mayor or the Solicitor asks him to do.

President Schweder, focusing on the Noise Ordinance, asked why this situation is not in violation or whether instruments to meter the noise would be used.

Police Commissioner Miller noted that measuring of noise is contained within the Zoning Ordinance.

Craig Hynes, Zoning Officer, affirmed it is within the Zoning Ordinance and added it is either commercial property transferring over residential lines or residential to residential. However, Mr. Hynes stated this is private property and it is a condominium association, and it cannot be enforced.

President Schweder recalled that when the Noise Ordinance was revised under the Cunningham Administration it had to do with private property and enforcement by the Police Department. President Schweder asked if what is being said now is that it does not pertain to this situation.

Police Commissioner Miller, affirming there are two separate Ordinances, advised the Noise Ordinance that had most recently been revised contains a 40 feet requirement from the point of the noise being amplified. Continuing on to note that 40 feet would be into the condominiums above the courtyard, Police Commissioner Miller explained from the complaints he received that was not the problem. Mr. Rank said there was one condominium that was directly above the entrance and he was working with the resident and he used decibel meters. Advising the noise issue seemed to be the courtyard noise, Police Commissioner Miller affirmed that noise in the courtyard echoes, and there is also a loud ventilator.

President Schweder inquired who is the enforcing agency for the Liquor Control Board.

Police Commissioner Miller advised the Liquor Control Board (LCB) has their own enforcement agency, although the State Police does work with the LCB.

Ms. Urrutia pointed out that she called the LCB months ago but has not received a response.

President Schweder asked the Council Solicitor to follow up on the matter.

Ms. Szabo, pointing out that when the Noise Ordinance was written there was not the type of structure such as at Starters, reminded the assembly that the outside of the Riverport building is in the courtyard and is a unique situation that cannot be answered by the present Ordinance. Ms. Szabo continued on to affirm the courtyard is landscaped and is the outdoors for the building, and is an outdoor dining area. Highlighting the fact that when there is noise coming out from the bar at the corner in her neighborhood it is acted on, and the same is true for private houses, Ms. Szabo stated she does not see where the private issue comes in because a restaurant is a public place.
Aziz Attieh, 11 West Second Street at Riverport Condominiums, questioned how long do the residents have to wait until something is rectified. Mr. Attieh said every weekend he and his fiancé have to call the Police. Referring to the comment made about what would happen if a resident brought a disc jockey to their condo, Mr. Attieh remarked if this is all private property then he will get a disc jockey this weekend since he is under the assumption there would not be any enforcement against it. Relating that Ashley Development is explaining how the patio area is private property to Ashley Development, and the condominium board has no say in the patio area, Mr. Attieh said if the board has no say in the patio area then should it not fall under City regulations. Mr. Attieh informed the Members that the outdoor dining area is Starters Restaurant’s only smoking area that means the patrons are smoking in his backyard. Mr. Attieh added the building is a historical building that received funding from the State. Mr. Attieh, questioning how many times does he have to call the Police, remarked he gets tired of calling them and sending out e-mails. Mr. Attieh expressed the hope that something is done quickly, and communicated he is ready to sell his condominium after just having bought it.

Recognition of Charles Brown, Retiring Director of Parks and Public Property

Merle Getz, noting he was a Bethlehem Police Officer for 36 years, emphasized he saw Charles Brown, Director of Parks and Public Property, working daytime and nighttime putting in many hours working for the City. Mr. Getz remarked the City made money on Mr. Brown. Mr. Getz noted there was nothing that anyone could ask that Mr. Brown would not do for them.

Picture of Council Member Donchez’s Father

Mr. Getz presented to Mr. Donchez a framed picture that he found of his father who had been a Police Officer and who had the badge number that Mr. Getz received when he became a member of the Police force in 1961.

Spending of Casino Fees

Robert Pfenning, 2830 Linden Street, commented there is a debate over how the fees from the casino should be spent, and expressed the hope that the debate takes place prior to May. Mr. Pfenning questioned how and when the State intends to distribute the $10 million in casino fees.

Mayor Callahan explained his understanding is that the money will be collected on a quarterly basis, and the host fee will be reimbursed to the City on a quarterly basis. The City would receive 2% of the gross terminal revenue on a quarterly basis until the fourth quarter or $10 million, and under the revenue sharing agreement the City would retain $8.6 million on an annual basis. Mayor Callahan continued on to explain if it would end up being $10 million rather than the 2% figure, then the difference would be made up in the fourth quarter.

Various Issues

Eddie Rodriquez, 1845 Linden Street, stressed that Charles Brown, Director of Parks and Public Property, is A plus and thanked Mr. Brown on behalf of the residents. Mr. Rodriquez thought something should be done about students from Nitschmann School who have to walk along the highway when the snow is not removed by the School District. Mr. Rodriquez informed the Members that residents and business owners in the Wyandotte Street area are concerned about parking issues, and McDonalds restaurant is allowing people to park in their parking lot when they are going to the area businesses. Mr. Rodriquez, noting he is an ex-resident of Hogar Crea, advised they are a non-profit organization and the only way they have a means of doing things for themselves is through sales. Mr. Rodriquez continued on to note this is a way for the organization to raise money to pay the rent they will now be charged. Mr. Rodriquez asked why the developer could not do something about the noise at the Riverport complex and install better insulation, and he thought the provisions of the Noise Ordinance should be 40 from the whole structure. He added if the noise is too loud then the Police should be contacted and do something about it.

Recognition of Charles Brown, Retiring Director of Parks and Public Property

William Scheirer, 1890 Eaton Avenue, seconded everything that was said about Charles Brown, Director of Parks and Public Property, and added he will never forget that Mr. Brown was the first person to say something nice to him when he returned to Bethlehem.

Riverport Condominiums – Courtyard Noise from Starters Restaurant

Mr. Scheirer, asserting it is disgraceful what the residents of the Riverport condominiums are going through, urged them to keep fighting and to keep a daily record. Mr. Scheirer wondered if the housing code has been violated, and if not then he thought the housing code needs to be strengthened. Mr. Scheirer stated these types of problems will occur more often as a result of gated developments. Adding that the pub owner wants to make money, Mr. Scheirer remarked that is not a new problem.

Proposed Multi-Unit Development - Kelchner Road

Mr. Scheirer, referring to the Planning Commission meeting, pointed out that the multi-unit development proposed on Kelchner Road will dramatically change the character of the beautiful residential street. Mr. Scheirer, highlighting the fact that residents bought into the lifestyle of that neighborhood where there is a lot of space between houses and the neighborhood is quiet, stressed this could change because of the City’s zoning classifications. He continued on to say as developers look throughout the City for infill projects this will happen over and over again. Mr. Scheirer, stating the City has to think about the comprehensive plan and rezoning, stressed the same needs to be done with commercial zones as well. Mr. Scheirer asserted it should not be possible for a bar to be 20 feet away from a residence that is 250 years old, and there should be a height limit in the downtown.

Bethlehem Authority Board Member - Reappointment

Stephen Antalics, 737 Ridge Street, remarked that a lot has been done regarding the properties in the watershed and many people have acted in a responsible way. Mr. Antalics observed that the Bethlehem Authority seems to have in common the welfare of the City. Mr. Antalics, noting that the term of one member of the Bethlehem Authority expired at the end of 2006, stated he has high respect for the individual as does the Bethlehem Authority Board, and he has suggested that the individual be reappointed. Mr. Antalics pointed out the individual asked the questions that needed to be asked, was highly qualified, and showed much interest and dedication. Mr. Antalics said he is at a loss as to why the Mayor would not consider the individual’s reappointment, and asked the Mayor if he has a comment on the matter. Mayor Callahan said he does not. Mr. Antalics expressed his disappointment that the individual would not be reappointed by the Mayor.

Frozen Fire Hydrants

Mr. Mowrer asked if there are many problems with frozen fire hydrants.

George Barkanic, Fire Commissioner, replied no. In further response to Mr. Mowrer, Fire Commissioner Barkanic advised none were frozen this year so far and he cannot recall the last time there was a frozen hydrant.

Fire Academy

Mr. Mower asked if Fire Commissioner Barkanic could comment on the letter sent to the Members of Council by Darryl Kulp of the Fire Union about sending individuals to the Fire Academy.

Fire Commissioner Barkanic explained this year for the first time the civil service test that was given was opened up to candidates from outside the City, and some of the candidates were volunteer firefighters. When they were hired, since they already had the certifications they would receive at the Fire Academy, instead of the City spending the money to send them to the Fire Academy and to duplicate certifications, the City is sending to the Fire Academy only those who need to be sent.

The meeting was adjourned at 8:50 p.m.