Council Minutes

March 6, 2007 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, March 6, 2007 – 7:30 PM

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

Acting President Leeson called the meeting to order. Pastor John Hanner of Bethlehem Baptist 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, and Magdalena F. Szabo, 6. J. Michael Schweder was absent, 1.

4. APPROVAL OF MINUTES

The minutes of February 6, 2007 were approved.

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

Adopting Stefko Boulevard and Pembroke Road Corridor Study and Plan

Frank Korpics, 1926 Stefko Boulevard, informed the Members that initially no one was aware what was occurring with reference to the proposed Stefko Boulevard and Pembroke Road Corridor Study and Plan. He added it seems that nobody is aware of what is actually happening and is how matters are handled by the City lately. Mr. Korpics, relating that placing a divider on Stefko Boulevard was suggested during the early stages of the study, pointed out this was similar to what occurred on Broad Street in the past that drove traffic away from the area versus when it was reopened and now contains some of the most valuable real estate in the area. Mr. Korpics advised that the business operators on Stefko Boulevard had to get together as a group to resolve the matter. Mr. Korpics explained he wants to make Council aware of what is being done, how fast things are being done, and the need for community involvement and notification. Mr. Korpics communicated it is something that City Council needs to look at.

In response to Acting President Leeson, Mr. Korpics confirmed he is currently the business owner of Classic Car Wash, he did not receive notice of the proposal and added nobody did. Mr. Korpics explained the only thing that was publicized was what Just Born candy company was going to do and there was mention of the Stefko Boulevard corridor. He attended a meeting and saw there was a program already designed without any traffic studies. At that point, Mr. Korpics advised everyone worked together with the department staff. He continued on to explain the planning process stopped because of the situation created by the proposal that would prohibit left hand turns into the businesses on Stefko Boulevard and would drive business away. He later explained all the trucks would have had to travel on the neighborhood streets trying to get back to the other side of the street. Mr. Korpics stressed that the most successful corridor for a long time has been the Stefko Boulevard corridor. Mr. Korpics restated that when big projects are being done the community and business people need to be involved and notified. He communicated that sometimes a slower review is needed with more input. Mr. Korpics pointed out the City brought an outside firm from New York to do the work that did not know anything about the City and did not know about the school situation and problems with crosswalks, whereas the business owners hired local land study people who had previously done a lot of work for the City. Mr. Korpics related that the business owners informed the firm the types of things that needed to be fixed on Stefko Boulevard such as school children being able to safely cross the street.

Ms. Szabo, affirming that the City has been working on the project for more than a year, expressed she is confused about business people not being notified. Ms. Szabo confirmed she went to every meeting with the exception of one that was held at Just Born and there were many business people in attendance.

Mr. Korpics informed Ms. Szabo that the business owners had to pay to have meeting notices printed, had to do a mass mailing to every business on Stefko Boulevard, and had to put advertisements in the newspapers. Mr. Korpics stated at that point a meeting was called at the school, and confirmed the business community was notified by a group of business owners who spent a lot of money, and who hired lawyers and engineers, and did mailings. Mr. Korpics affirmed at that point it was an open forum, and there was input from business people.

Ms. Szabo noted there was a display at City Hall, and she thought this project was well run, and Laura Burtner listened to the residents, business people, and Council Members, as did the representative from the consulting firm, and many changes were made.

Mr. Korpics, expressing his agreement, stated the business owners complimented everyone because there was a big turnaround after the business people spent their money to notify other business owners and at that point everyone listened and was cooperative. Mr. Korpics stressed it should not have occurred that way to get to that end result, people should be notified, and it would alleviate spending money on rework. Mr. Korpics explained that, as a result of the input of all the business owners, it was a fantastic end result.

Acting President Leeson agreed that if the City is to embark on a study that can significantly impact a neighborhood then the people who live and work there have a right to know about it so they can come and talk about it.

Acting President Leeson asked about the City’s process for sending written notice.

Tony Hanna, Director of Community and Economic Development, thought it was an open process, and explained at the beginning of the study there were a number of small working groups. At one of those sessions, an idea was raised by a traffic consultant that led to significant outcry by some of the property owners. Mr. Hanna stated the final product is reflective of much notice, input, and meetings. In further response to Acting President Leeson, Mr. Hanna replied that everybody on Stefko Boulevard was on the mailing list to get notice. Advising what Mr. Korpics is referencing is the very beginning stages, Mr. Hanna said when the meetings were held at City Hall people were notified.

Chester Taylor, 1903 Stefko Boulevard, representing the upper portion of the businesses on Stefko Boulevard, expressed his agreement with Mr. Hanna that the end result is 99% satisfactory to every businessman on the block. Mr. Taylor informed the Members that the business people on Stefko Boulevard raised money in the amount of the high five figures to hire their own attorney and traffic consultant which was Benchmark Traffic Consulting that has done work for the City. Mr. Taylor explained they thought it was necessary because of what was termed the working plan that was first presented at the meeting held at Just Born and at the first meeting at the middle school. Mr. Taylor advised that he was a member of the Hanover Township-Northampton County planning commission for five years. Mr. Taylor pointed out that most business owners looked at the plan and questioned what impact it would have on them. Mr. Taylor explained that, under the first plan presented, an 18 wheel delivery truck carrying 9,000 gallons of gasoline would not be able to directly access his gas station and instead would have to travel on Easton Avenue, make a left, go to Boyd Street, make a left, travel through a densely populated residential area, and then would have to make a right hand turn to leave. In addition, since over half of his customers come from across the street, the initial plan would have put 750 additional cars on the residential areas behind his business since during the winter at least 1,000 people a day come to his gas station and service store, and in the summer there are about 1,500 customers. Mr. Taylor advised he spoke with Mr. Mowrer who contacted Mr. Hanna and Ms. Burtner for a meeting. It was realized that the plan was not right and significant changes were made. Mr. Taylor added that now the plan is about as good as it can be. Mr. Taylor informed the Members his concern was the fact that he did not know about the first, second, or third meetings. Further notifying the Members that the list of business people and area residents was developed by the business people, Mr. Taylor stressed he did not think the area business owners should have had to raise money, hire their own attorneys and their own traffic consultants to review plans because of a lack of communication from the Administration. Mr. Taylor asserted that the original plan would have created chaos with no left hand turns, and the necessity for vehicles to travel through residential areas. Observing there will be a lot of construction and a lot of meetings that will be occurring, including development of the rail corridor and a planned casino development on the South Side where he has another business at Third and New Streets, Mr. Taylor stated he would like to know what is going on in advance that may impact his business, his life, and his employees.

6. OLD BUSINESS

Removal of Trees - Itaska and Ontario Streets

Mrs. Belinski noted that Members of Council received correspondence concerning removal of dense trees in the area of Itaska and Ontario Streets that contribute to a serious drug situation since dealers can hide there. Pointing out there has been input from several people regarding the issue, Mrs. Belinski asked for an update on what is being done to resolve the situation. Mrs. Belinski, affirming there is money available to remove the trees, observed some people do not want the trees to be removed. Mrs. Belinski highlighted the fact that Eddie Rodriquez has repeatedly brought the situation to Council’s attention, and forwarded a petition to the Members of Council in support of tree removal.

Michael Alkhal, Director of Public Works, responded there is agreement with the original plan to remove three trees on Itaska Street, and trim about 12-15 trees between Itaska and Bishopthorpe Streets. Mr. Alkhal added that some funding can be provided from the Police Department’s grant.

Mrs. Belinski noted it is required to replace a tree that has been removed. Mr. Alkhal explained there are exceptions to replacing trees such as interference with utilities or site distance that are considered. However, Mr. Alkhal advised the trees will be replaced with more suitable trees that are smaller, with higher branches and less density. Mrs. Belinski questioned whether a homeowner in the area will have to bear the expense of replacing concrete on her property after the tree is removed when it is not her fault. Mr. Alkhal explained that it may be necessary for the property owner to pay to fix the sidewalk.

631 East Fifth Street – Landlord and Tenant Problems

Mrs. Belinski advised that Members of Council received correspondence from Cejun Wei, an absentee landlord of 631 East Fifth Street, explaining the situation involving problems with his tenants who are not paying rent, and an inspector. Mrs. Belinski asked if anything can be done about the matter.

Mr. Hanna replied that Michael Palos, Chief Housing Inspector, will respond. Mr. Hanna recounted the tenants had no heat, and the landlord was compelled to purchase fuel oil.

7. COMMUNICATIONS

A. Public Works Director – Traffic Signal Installation – Center Street and East Union Boulevard

The Clerk read a memorandum dated February 23, 2007 from Michael Alkhal, Director of Public Works, attached to which was a draft Resolution to upgrade the existing traffic signal at the intersection of Center Street and East Union Boulevard to meet current standards to improve safety. The resolution is a standard requirement of PennDOT.

Acting President Leeson stated that the appropriate Resolution will be placed on the March 20 Agenda.

B. Public Works Director – Traffic Signal Installation – East Broad Street, Wood Street, and Hawthorne Road

The Clerk read a memorandum dated February 23, 2007 from Michael Alkhal, Director of Public Works, attached to which was a draft resolution for a traffic signal at the intersection of East Broad and Wood Streets, and the designation of Hawthorne Road to a one-way-north street to eliminate the need for a phase for that street, and to improve pedestrian safety and safe access to East Broad Street. The resolution is a standard requirement of PennDOT.

Acting President Leeson stated that the appropriate Resolution will be placed on the March 20 Agenda.

C. Public Works Director – Amending Article 925 – Revisions to Stormwater Management Ordinance

The Clerk read a memorandum dated February 22, 2007 from Michael Alkhal, Director of Public Works, advising that in February of 2005, the City replaced the existing Article 925 of the Codified Ordinances pursuant to state and federal regulations. The new Ordinance was based on the Lehigh Valley Planning Commission (LVPC) Act 167 Stormwater Management Plan (aka The Little Lehigh Creek Watershed Plan). At that time, it was indicated that the Ordinance might require revision once finally adopted by the Lehigh Valley Planning Commission and approved by the Pennsylvania Department of Environmental Protection (PADEP). Subsequently, LVPC has adopted an updated Stormwater Management Plan for the watersheds within the City, which was approved by PADEP on October 4, 2006. PADEP requires the City adopt an Ordinance consistent with the updated watershed plan, and has set April 25, 2007 as the deadline for municipal Ordinance adoption.

Acting President Leeson referred the matter to the Public Works Committee.

D. Water Supply and Treatment Superintendent – Intermunicipal Water Service Agreement – Central Park West

The Clerk read a memorandum dated March 2, 2007 from Jeffrey A. Andrews, Superintendent of Water Supply and Treatment, attached to which was a revised Intermunicipal Water Service Agreement between the City of Allentown and the City of Bethlehem for the purpose of obtaining a sufficient quantity of drinking water from the City of Allentown to be redistributed by the City of Bethlehem to serve and fill the needs of all of the residential customers to be connected to a water distribution system in the area to be defined as Central Park West in the City of Bethlehem.

Acting President Leeson referred the matter to the Public Works Committee.

8 . REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – George Samuelson – Bethlehem Housing Authority

Mayor Callahan appointed George Samuelson to the Bethlehem Housing Authority effective until March 2009. Mr. Donchez and Mrs. Belinski sponsored Resolution 15,009 to confirm the appointment.

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

9. ORDINANCES FOR FINAL PASSAGE

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, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Leeson, 6. Bill No. 1 - 2007, hereafter to be known as Ordinance 4419, was declared adopted.

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, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Leeson, 6. Bill No. 2 - 2007, hereafter to be known as Ordinance 4420, was declared adopted.

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, on Final Reading.

Amendment to Bill No. 3 – 2007

The Clerk read an Amendment to Bill No. 3 – 2007, sponsored by Mr. Mowrer and Ms. Szabo, as follows:

That the following in SECTION 1. which reads as follows:

32 Helicopter Landings within City $50.00

shall be amended to read as follows:

32 Non-Medical Helicopter Landings within City $50.00

Ms. Dolan commended Mr. Mowrer who, because of his experience with St. Luke’s Hospital, noticed the need to clarify that the fee for helicopter landings should not be applicable for the medical helicopters that service the hospitals.

Voting AYE on the Amendment: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Leeson, 6. The Amendment passed.

Voting AYE on Bill No. 3 – 2007, as amended: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Leeson, 6. Bill No. 3 - 2007, hereafter to be known as Ordinance 4421, was declared adopted.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Adopting Stefko Boulevard and Pembroke Road Corridor Study and Plan

Ms. Szabo and Mr. Donchez sponsored Resolution 15,010 that adopted the Stefko Boulevard and Pembroke Road Corridor Study and Plan and incorporated it into the Comprehensive Plan for the City of Bethlehem, known as the Bethlehem Vision Plan approved by City Council on July 16, 1991 (Resolution 11,490).

Acting President Leeson, pointing out the individuals who spoke earlier in the Meeting about the Stefko Boulevard and Pembroke Road Corridor Study and Plan had important comments, thought the comments should be acted upon. Acting President Leeson observed one of the weaknesses identified in city government is notifying the right people when a study is initiated. Acting President Leeson recalled a similar problem was observed with liquor license transfer requests and notifying the neighborhood. Acting President Leeson said he would like Christopher Spadoni, City Council Solicitor, to review these two issues and draft recommendations for standard notification to neighborhoods within a certain radius for liquor license transfer requests and for studies.

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

B. Authorizing Execution of Use Permit Agreement – AAUW – Bethlehem Branch – 2007 Book Fair

Ms. Szabo and Mrs. Belinski sponsored Resolution 15,011 that authorized the execution of a 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 and conditions of the agreement.

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

C. Approving Records Destruction – Police Department

Mr. Donchez and Mrs. Belinski sponsored Resolution 15,012 that authorized the disposition of the public records of the Police Department, as listed in Exhibit A, according to schedules and procedures for the disposition of records as set forth in the Municipal Records Manual approved on July 16, 1993 and Resolution 13,076.

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

D. Approving Records Destruction – Tax Bureau

Mr. Donchez and Mrs. Belinski sponsored Resolution 15,013 that authorized the disposition of the public records of the Tax Bureau, as listed in Exhibit A, according to schedules and procedures for the disposition of records as set forth in the Municipal Records Manual approved on July 16, 1993 and Resolution 13,076.

Acting President Leeson explained the question of why the destruction of government records is authorized sometimes surfaces and the reason is there is a proliferation of paper that eventually is of no value or relevance and the matters are closed. Acting President Leeson pointed out it is a housekeeping matter to authorize the destruction of records that is outlined in State law.

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

Considering Resolutions As A Group

Mr. Donchez and Ms. Dolan moved that Resolutions 11 E through 11 H be considered as a group. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Leeson, 6. The motion passed.

E. Certificate of Appropriateness – 10 West Fourth Street

Mrs. Belinski and Ms. Dolan sponsored Resolution 15,014 that granted a Certificate of Appropriateness to change existing signage at 10 West Fourth Street.

F. Certificate of Appropriateness – 505 East Fourth Street

Mrs. Belinski and Ms. Dolan sponsored Resolution 15,015 that granted a Certificate of Appropriateness to renovate the building at 505 East Fourth Street.

G. Certificate of Appropriateness – 9 East Fourth Street

Mrs. Belinski and Ms. Dolan sponsored Resolution 15,016 that granted a Certificate of Appropriateness to install an awning sign at 9 East Fourth Street.

H. Certificate of Appropriateness – 217 – 231 East Third Street

Mrs. Belinski and Ms. Dolan sponsored Resolution 15,017 that granted a Certificate of Appropriateness to construct a new, 3 story commercial building at 217-231 East Third Street.

Voting AYE on Resolutions 11 E through 11 H: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Leeson, 6. The Resolutions passed.

12. NEW BUSINESS

Committee Meeting Announcement

Mr. Donchez announced a Public Safety Committee meeting on April 11, 2007 at 7:00 PM in Town Hall on the following subjects: Updates from Police, Fire, and EMS Departments, Private Security Services Ordinance, casino response plans, and Police Substation Lease.

Northampton County Intergovernmental Affairs Committee – Intermunicipal Meeting

Ms. Szabo noted a letter was received from the Northampton County Intergovernmental Affairs Committee asking for a meeting with Bethlehem, Hanover Township, and Freemansburg Borough. Ms. Szabo encouraged the holding of such a meeting so that matters are known in advance and there can be positive communication, and accepting the offer of scheduling a meeting. President Leeson observed that representatives of the various municipalities could certainly attend the meeting when it is scheduled.

Removal of Trees - Itaska and Ontario Streets

Ms. Szabo, while saying she does not doubt there will be an outcry against cutting down trees at Itaska and Ontario Streets, related how drug dealers hid drugs on the limbs of trees along Fourth Street. Ms. Szabo stressed that the Police do their job but there are some circumstances that cannot be controlled and there must be other resources to fight it.

13. COURTESY OF THE FLOOR

Broughal Middle School - Preservation

Stephen Antalics, 737 Ridge Street, thanking Dana Grubb for the guidance he offered for Mr. Antalics’ study, said in 1986 the City and the Pennsylvania Historical and Museum Commission along with Spillman Farmer architects conducted a historic structure survey. The study stated that the residential areas of the downtown section of South Bethlehem extended south to Packer Avenue. The area between Brodhead and Adams Streets was cleared of all housing in the 1960’s for expansion of Lehigh University, and only a Lutheran Church and Broughal Middle School remained. The area is visually part of Lehigh University, and is designated as the University area. Mr. Antalics commented that, unfortunately, a historic district was not designated at that time and the focus was the north side of the Lehigh River. Mr. Antalics pointed out that the South Bethlehem Historic Conservation District approved several years ago did not include property south of Fourth Street and consequently it did not include Broughal Middle School. Mr. Antalics observed that in the University area the architecture of the church and Broughal Middle School fits the block that includes Packer Chapel that is a national landmark, Packer Labs, and the community center. Mr. Antalics urged that City Council and the Administration follow up on the study that was done, and take a formal stand to preserve the important historic University area that includes Broughal Middle School. Asserting that to destroy the Broughal Middle School building smacks in the face of the study that was paid for in 1986, Mr. Antalics thought there is an obligation to follow-up on the study that was initiated in 1986.

Mrs. Belinski inquired what is the first step to start the process. Mrs. Belinski affirmed that she read the information Mr. Antalics referenced and has a copy of it.

Christopher Spadoni, City Council Solicitor, commented he could report back on the matter. Attorney Spadoni recalled that, when the South Bethlehem Historic District was proposed initially, the Broughal Middle School was in the District but was taken out by the State Historic and Museum Commission.

Riverport Condominiums – Courtyard Noise from Starters Restaurant

Dave Rank, of Starters Riverport Restaurant, 17 West Second Street, stated he is at the Meeting to address some of the issues and concerns brought before the Members of Council at the last two City Council Meetings. Mr. Rank, first focusing on the sound inside the building, explained when the building was built it had to accommodate and maintain the historic nature of the brick building. Mr. Rank advised that inside the building on the four walls surrounding Starters Restaurant the walls were constructed with block and brick so that sound cannot penetrate out of the building. The one area it was known would be an issue was the third floor because there are condominiums there above Starters Restaurant. It was designed with two levels of dry wall with resilient channel and air space between to keep out the sound, and on top is thickcrete on the top floor. When Starters opened in April 2006, the third floor was not yet finished being constructed but tests were done to check the sound and there was not sound penetration to levels that were unacceptable. When the third floor was completed, in August and September a sound engineer was brought in to review the matter because ambient sound was getting through the floor. To solve the problem, a rubber batting was put on the floor over the Christmas holidays. In addition, sound absorbing barriers were installed. These installations cut the noise down on the third level by 70%. However, the issue still exists of base sound that goes inside the original steel beams that had to be maintained because of the historic nature of the building and carries inside the building and on which the engineers are still working. Possible solutions are to insert soundproof insulation into the beams, to paint the beams with soundproofing material, and to put rubber grommets on the speakers at Starters. Mr. Rank informed the assembly his cost up to this point in time is $75,000, and additional costs would be about $65,000 to finish the project on the sound inside the building.

Mr. Rank, next turning to the sound outside the building in the courtyard where the patio is located, explained when the building was built it was not known how well Starters would do, and it is now a great success. Mr. Rank advised it was always the intent to put a roof over the top of the patio in order to potentially use it in the cold weather. Mr. Rank further advised the second option was the possibility of putting a second story there to use for potential additional banquet space that would cost approximately $300,000-$400,000.

Mr. Rank notified the Members that all the information he is communicating to them has been communicated to Ashley Development, Markwood company, and the condominium board.

Kosta George, 11 West Second Street at Riverport Condominiums, explained when he and his wife who is a resident at St. Luke’s Hospital were shown the building by Ashley Development Corporation they were told there would be no problems, no noises, and Starters would have only dinners would be closed at 10:00 pm. Mr. George notified the Members when he comes home during weekends there is noise in the hallways, and in the bathroom through the air ducts. He also explained that patrons follow the residents onto the second floor because they think that is where they have to park. Mr. George recounted that last Halloween weekend when he arrived home between 9:00 and 10:00 pm in the alley in front of Starters Restaurant there were many drunk people and he could not drive through with his car. Mr. George wondered why Police are needed if Starters is such a nice place. Mr. George explained when Starters closes at 2:00 am that is when people can be heard yelling. Mr. George further stated that colleagues of his wife who moved close to Starters Restaurant had to relocate because they could not sleep. Acknowledging he understands a lot of money has been invested in the building project and noting that probably the intention in the beginning was that Starters was to be a nice place, Mr. George said it is not like that, and there is a lot of noise and drunk people. Mr. George commented he would like something to be done about it.

Ana Urrutia, 11 West Second Street at Riverport Condominiums, stated what affects her is the courtyard noise. While expressing she realizes Mr. Rank put a lot of money into researching the noise problems and some of the noise has been reduced from the interior, Ms. Urrutia advised she is at the Meeting because she cannot sleep at night. The past weekend, there were four people in the courtyard who were smoking and it woke up her and her husband. Ms. Urrutia said she is asking Mr. Rank to be a good neighbor and close the courtyard at 10:00 pm until the problem is resolved. Commenting that Mr. Rank would probably not cause this type of noise or disturbance in his neighborhood, Ms. Urrutia thought he should use the same ethics and do the right thing with his business and close the courtyard at 10:00 pm so she and her husband can get some sleep.

Acting President Leeson asked if there is any update from the Administration.

Randall Miller, Police Commissioner, advised he is working with the Law Bureau on the matter and is reviewing several Ordinances. Police Commissioner Miller informed the Members he went unannounced to Starters Restaurant on Saturday, February 24 from 12:00 midnight to about 12:45 am, and went through the crowd to the courtyard where there were over 20 people who were talking. Police Commissioner Miller noted that Section 717.01 of the Noise Ordinance is being reviewed for applicability. Indicating there is nothing that necessarily fits the situation, Police Commissioner Miller explained the parallel is being made to an apartment complex where an arrest is not immediately made in the case of a noise complaint from one neighbor to another but rather an Officer knocks on the door and asks that the music be turned down because of the noise complaint. Police Commissioner Miller advised in the last 30 days there was one noise complaint that was a party at one of the condominiums.

Ms. Szabo, noting she has been a fan of the project and enjoys taking people there, explained the farther away one is from the noise the louder it is. Ms. Szabo continued on to say that during Musikfest residents on the South Side of the river complain about the noise on the North Side of the river where the concerts take place, as do people who live on the West Side blocks away from Musikfest because of the noise that travels there. Ms. Szabo thought perhaps cutting down some of the sound might help.

Acting President Leeson, stating he is a lawyer by occupation, observed one of the difficulties in asking the City to become involved is that this is private property. Acting President Leeson noted that Police Commissioner Miller articulated there are not a lot of options from a government perspective, but is monitoring the situation. Acting President Leeson suggested that the residents of Riverport condominiums who are present this evening meet with Mr. Rank and the Police Commissioner after the Meeting to talk.

Mary Pongracz, 321 West Fourth Street, observed there are two places where there is peace and quiet which is a nunnery and a tomb.

William Scheirer, 1890 Eaton Avenue, thought the City will have to come up with the concept of quasi-public space to describe the courtyard, and added this a problem that will come up in gated communities.

City Documentary

Ms. Pongracz, referring to a television documentary on the City, highlighted the fact that Mr. Mowrer’s family delivered milk to a grocery store owned by her family.

FAA Radar Tower – South Mountain

Mr. Scheirer informed the assembly that the FAA has announced it will not install a radar tower on the top of South Mountain and cut down an acre and a half of trees but rather will install it at the Lehigh Valley Airport. Mr. Scheirer notified City officials that he received a letter from Jack Cahalan, Township Manager of Lower Saucon Township, in which he thanked the City of Bethlehem for their assistance on the matter.

Demolition Permits – Approval by Council

Mr. Scheirer wanted to keep alive the idea of approval by City Council of demolition permits for historic structures.

Condominiums - Taxes

Robert Pfenning, 2830 Linden Street, said the building of condominiums throughout the City is rapidly increasing the size of a second class of taxpayers. He exemplified that for the streets at condominiums there are not routine Police patrols, the owners have to pay for sewer or water breaks for plowing, and for fire hydrants. Mr. Pfenning stressed that private homeowners do not have these extra expenses. Mr. Pfenning, noting there have been discussions at the State level, thought some day a law will be passed that states people cannot be taxed the same if they are not provided the same services.

Casino Host Fees

Mr. Pfenning pointed out that State Act 71 which provides that 2% of the gross terminal revenue or $10 million whichever is greater will go to the local municipality in which the casino is located can simply be changed by the State legislature. Mr. Pfenning thought the casino lobby might cause the formula to change given the tax structure in Pennsylvania where the casino operators do not have a lot of money to do customer reinvestment and have to compete with Atlantic City casinos.

State of the City Speech

Mr. Pfenning, referring to Mayor Callahan’s State of the City address, remarked that he found interesting the Mayor’s comments about the improving financial status of the City given the per capita level of debt outstanding, borrowing from escrow funds to pay bills, and an upcoming Bond Issue in which money would be borrowed for smaller non-capital items.

Site Plan Approval and Demolition Permits

Mr. Pfenning asked if Planning Commission approval is needed of site plans before a demolition permit can be applied for.

Darlene Heller, Director of Planning and Zoning, replied that a person can get a demolition permit without site plan review. Ms. Heller advised that a building permit is required and all of the requirements of the building permit must be met. Ms. Heller, in response to Mr. Pfenning’s question about site work without site plan approval, explained it depends on the site work and there are some things that can be done without Planning Commission approval.

Various Issues

Edwin Rodriquez, 1845 Linden Street, commended Mark Atkinson for his work on youth recreation activities such as dances at the Ice House. Mr. Rodriquez thought that ending activities at 11:00 pm is a good tactic for prevention of problems. Mr. Rodriquez thanked Mrs. Belinski for receiving his telephone calls. Mr. Rodriquez stressed that he has been bringing to the City’s attention many things for the past two years that are occurring throughout the community. He continued on to suggest that if someone does not have the experience in dealing with certain situations in the community then they should not comment, such as with drug activity, or put down someone else’s efforts. Mr. Rodriquez commended the efforts of Lehigh University students who are helping to clean things up in the City. Mr. Rodriquez pointed out that in the Ontario and Itaska Streets area it is not a question about three trees but rather what is happening within the area of those trees. Focusing on the justification that people like trees, Mr. Rodriquez said so does he but in that particular neighborhood it is very dangerous, there is gang activity and drug trafficking every day. In addition, there are stabbings, loitering, littering, and it is a negative environment. Mr. Rodriquez commended Michael Alkhal, Director of Public Works, Charles Brown, Director of Parks and Public Property, Randall Miller, Police Commissioner, Stuart Bedics, Deputy Police Commissioner, and Jim Smith who have done something about the problems. Affirming that the Sassafrass park neighborhood was cleaned up, Mr. Rodriquez remarked the problem moved to Itaska and Ontario Streets area, and onto Broadway.

Absentee Landlord

Dave Sanders, 6 East Washington Avenue, referring to Mrs. Belinski’s earlier comments about an absentee landlord, affirmed that landlords have to pay mercantile tax. Mr. Sanders recalled that when landlords pay their mercantile tax they receive a packet of information from the City in which it is advised that an absentee landlord who lives a certain distance away must have a property manager. Mr. Sanders pointed out that if the absentee landlord referenced by Mrs. Belinski paid the required mercantile tax he should have those rules, and his manager should be taking care of the problems.

Ms. Szabo noted the absentee landlord is Asian who may not understand the language, needs help in understanding the City’s rules and regulations, and may not be aware of everything that is required.

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