Council Minutes

April 17, 2007 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, April 17, 2007 – 7:30 PM

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

President Schweder called the meeting to order. Pastor Mike Leamon of Calvary Wesleyan Church offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Robert J. Donchez, Gordon B. Mowrer, Magdalena F. Szabo, and J. Michael Schweder 5. Absent were Karen Dolan and Joseph F. Leeson, Jr., 2.

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)

Transfer of Funds – Non-Utility Capital Budget – Roof Repairs

Robert Pfenning, 2830 Linden Street, addressing Resolution 11 P, Transfer of Funds in the Non-Utility Capital Budget for Roof Repairs at Memorial Fire Station, asked if it is funded by General Funds or Bond Funds.

Dennis Reichard, Business Administrator, responded it is coming out of Other Revenue and not from the General Fund. Mr. Reichard further affirmed to Mr. Pfenning that the roof at the Fire Station is being replaced.

Police Substations

Carol Ann Krasley, Center Street, said she would be interested to know the information requested by Chairman Donchez at the Public Safety Committee meeting regarding the lease agreements for the various Police Substations.

Mr. Donchez confirmed that the information was provided by Randall Miller, Police Commissioner. Mr. Donchez, referring to the information from Police Commissioner Miller, advised the Police Substation at 520 Broadway has a 5 year lease, the Substation at 705 East Fourth Street had a 5 year lease and is now on a month to month lease, 434 West Broad Street had a 5 year lease and is now on a month to month lease, 723 Center Street was a 5 year lease and is now on a month to month lease, 1337 East Fifth Street is a 3 year lease, and there is no lease on file for 509 Main Street.

Mrs. Krasley, referring to an article in the Express-Times on April 15, asked if the Forte building is going to be the primary location and whether the 705 East Fourth Street location is being eliminated.

Police Commissioner Miller responded that the Forte building is not going to be one of the main Police Substations, and locations in the 700 block of East Fourth Street and Broadway will be the two main locations on the South Side.

Mrs. Krasley highlighted the fact that the Center Street neighborhood has a well-established block watch group. Mrs. Krasley pointed out that eight and a half years and countless hours of energy and effort have been placed into the block watch to achieve a safer environment. Mrs. Krasley expressed that she and her husband are thankful for the efforts of the Police and the neighbors. Mrs. Krasley noted there are significant reductions in crime statistics because of the present location of the Police Substation at 723 Center Street. She continued on to say that Center Street is a main artery and a prime area, with many businesses in the vicinity. Mrs. Krasley communicated that, despite the fact that the neighbors have tried and have cooperated, the Police Substation is now going to be moved to another location at 745 Linden Street.

William Scheirer, 1890 Eaton Avenue, noting the argument has been made that there are more calls for Linden Street than for Center Street, said then the implication is that the calls will go down on Linden Street and up on Center Street. Mr. Scheirer remarked the implied message is when things get better, then we will move somewhere else.

6. OLD BUSINESS

None.

7. COMMUNICATIONS

A. City Solicitor – Street Vacation – Portion of Deschler Street

The Clerk read a memorandum dated April 13, 2007 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed ordinance to effect the vacation of a portion of Deschler Street from Lynn Avenue westward to a dead end. The Solicitor's office has been advised that PPL, UGI and Verizon do not have any utilities in the portion of Deschler Street proposed to be vacated. It is understood that the City has sanitary sewer facilities and PennDot has storm sewer facilities that will be affected by the proposed vacation. Therefore, it is the Solicitor's Office position that prior to final passage of the street vacation ordinance, the City and PennDot receive easements from Lehigh Valley Industrial Park, Inc., insuring the continuance of their respective rights to maintain the lines currently in place.

President Schweder stated the Ordinance will be placed on the May 1 Agenda for First Reading.

B. City Solicitor – Lease Agreement – Adams Outdoor Advertising – Outdoor Advertising Display Boards

The Clerk read a memorandum dated April 13, 2007 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed resolution and Lease Agreement between Adams Outdoor Advertising and the City for use of property on the north side of Schoenersville Road and west side of Monocacy Creek for the purpose of operating and maintaining five outdoor advertising display boards for the time period January 1, 2007 to December 31, 2009, according to the terms and conditions of the Agreement.

President Schweder stated that the appropriate Resolution can be placed on the May 1 Agenda, unless the Parks and Public Property Committee wishes to review the matter.

C. President of Council – Casino Host Fees

The Clerk read a memorandum dated April 13, 2007 from J. Michael Schweder, President of City Council, to which was attached a proposed resolution to designate that 50% of the host fee from casino operators payable to the City of Bethlehem is to be designated to provide real estate tax relief to property owners of the City.

President Schweder referred the matter to the Finance Committee.

8 . REPORTS

A. President of Council

None.

B. Mayor

None.

C. Public Safety Committee

Mr. Donchez, Chairman of the Public Safety Committee, presented an oral report of the Committee's meeting held on April 11, 2007 on the following subjects: Lease Agreement – Police Substation – 745 Linden Street; Proposed Ordinance – Private Security Services; Police Department: Casino Development – Response Plans; Upgrade of Public Safety Radio System – Overview; Staffing Levels and Vacancies; Overtime; Updates - QED, CODY, CALEA/Training, Nextel/Radios, Gangs, Crime Statistics – 2006-2007; Fire Department: Casino Development – Response Plans; Staffing Levels and Vacancies; Overtime; Inspections; EMS Bureau: Casino Development – Response Plans; Staffing Levels and Vacancies; Overtime; Updates – Building Renovations, Ambulances, Calls/Bethlehem EMS, Calls/Outside Agencies.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 5 – 2007 – Amending Article 925 – Stormwater Management Regulations

The Clerk read Bill No. 5 – 2007, Amending Article 925 – Stormwater Management Regulations, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. Bill No. 5 - 2007, hereafter to be known as Ordinance 4423, was declared adopted.

B. Bill No. 6 – 2007 – Amending Article 941 – Parks – Motorized Vehicles - Prohibiting

The Clerk read Bill No. 6 – 2007 – Amending Article 941 – Parks – Motorized Vehicles, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. Bill No. 6 - 2007, hereafter to be known as Ordinance 4424, was declared adopted.

10. NEW ORDINANCES

A. Bill No. 7 – 2007 – Repealing Existing Article 313 – Private Watchmen and Establishing New Article 313 – Private Security Services

The Clerk read Bill No. 7 – 2007 - Repealing Existing Article 313 – Private Watchmen and Establishing New Article 313 – Private Security Services, sponsored by Mr. Donchez and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH
AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA,
REPEALING EXISTING ARTICLE 313 OF THE CODIFIED ORDINANCES ENTITLED “PRIVATE WATCHMEN”, AND ESTABLISHING A NEW ARTICLE 313
ENTITLED “PRIVATE SECURITY SERVICES”.

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. Bill No. 7 – 2007 was declared passed on First Reading.

B. Bill No. 8 – 2007 - Amending Article 121 – Restrictions on Fund Transfers from Treasurer's Escrow Account to General Fund

The Clerk read Bill No. 8 – 2007 – Amending Article 121 – Restrictions on Fund Transfers from Treasurer's Escrow Account to General Fund, sponsored by Mrs. Belinski and Mr. Donchez, and titled:

AN ORDINANCE AMENDING ARTICLE 121 OF THE
CODIFIED ORDINANCES OF THE CITY OF BETHLEHEM,
PENNSYLVANIA, AS AMENDED, ENTITLED
RESTRICTIONS ON BUDGET TRANSFERS

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. Bill No. 8 – 2007 was declared passed on First Reading.

C. Bill No. 9 – 2007 – Amending Sewer Capital Budget – Project and Year End Adjustments

The Clerk read Bill No. 9 – 2007 – Amending Sewer Capital Budget – Project and Year End Adjustments, sponsored by Mr. Donchez and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2007 SEWER CAPITAL BUDGET.

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. Bill No. 9 – 2007 was declared passed on First Reading.

D. Bill No. 10 – 2007 – Amending Community Development Budget – Year End Adjustments

The Clerk read Bill No. 10 – 2007 – Amending Community Development Budget – Year End Adjustments, sponsored by Mr. Donchez and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE COMMUNITY DEVELOPMENT BUDGET FOR 2007.

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. Bill No. 10 – 2007 was declared passed on First Reading.

E. Bill No. 11 – 2007 – Amending Non-Utility Capital Budget – Various Adjustments

The Clerk read Bill No. 11 – 2007 – Amending Non-Utility Capital Budget – Various Adjustments, sponsored by Mr. Donchez and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2007 CAPITAL BUDGET FOR NON-UTILITIES.

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. Bill No. 11 – 2007 was declared passed on First Reading.

F. Bill No. 12 – 2007 – Amending General Fund Budget – Various Adjustments

The Clerk read Bill No. 12 – 2007 – Amending General Fund Budget – Various Adjustments, sponsored by Mr. Donchez and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2007.

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. Bill No. 12 – 2007 was declared passed on First Reading.

G. Bill No. 13 – 2007 – Amending Article 1120 – Emergency Medical Services – Increasing Ambulance Fees

The Clerk read Bill No. 13 – 2007 – Amending Article 1120 – Emergency Medical Services – Increasing Ambulance Fees, sponsored by Mr. Donchez and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 1120 OF THE CODIFIED ORDINANCES
ENTITLED EMERGENCY MEDICAL SERVICES

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. Bill No. 13 – 2007 was declared passed on First Reading.

11. RESOLUTIONS

A. Appointing Auditors – Maher Duessel

Mr. Donchez and Mrs. Belinski sponsored Resolution 15,035 that retained the firm of Maher Duessel, with offices located in Harrisburg, to provide the 2006 Audit.

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. The Resolution passed.

B. Authorizing Execution of Lease Agreement – Police Substation – 745 Linden Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 11 B that authorized the execution of a Lease Agreement between the City and William G. Meila for the lease of premises located at 745 Linden Street for a Police substation at the rental amount of $400.00 per month for a term of five years, according to the terms and conditions of the Agreement.

Mrs. Belinski advised that she received telephone calls from people who belong to the Center Street Block Watch group concerning the proposal to move the Police Substation from 723 Center Street to 745 Linden Street, and who did not feel from the very beginning they were included in the discussions. Members of the Center Street Block Watch stressed that the Police Substation on Center Street kept vagrants and undesirables away from the Church especially, they are worried what is going to happen, and they are particularly upset that the City is tying itself to a five year lease for the Police Substation at 745 Linden Street. While acknowledging the fact that $2,000 worth of repairs will go into the Police Substation at 745 Linden Street, Mrs. Belinski highlighted the fact that a storm door could cost $400 so that $2,000 of repairs relatively is not a lot of money. Mrs. Belinski continued on to point out that the neighbors do not want the City tied into a five year lease to see what the consequences will be by moving the Police Substation from Center Street to Linden Street. Mrs. Belinski observed she thought Wawa was running a good operation. Mrs. Belinski questioned why the Police Substation had to be moved and why the lease term has to be five years.

Amendment – Reducing Rental Term to Three Years from Five Years

Mrs. Belinski moved to amend the Resolution to reduce the rental term from five years to three years for the Police substation at 745 Linden Street. Ms. Szabo seconded the motion.

Mr. Donchez said he will not oppose reducing the rental term from five years to three years and will support the amendment. Mr. Donchez commented he was surprised to learn from the memorandum that was received from Randall Miller, Police Commissioner, that the Police Substation at 705 East Fourth Street had been a 5 year lease but is now on a month to month basis since March 2003; at 434 West Broad Street it is now on a month to month basis since May 31, 2002; at 723 Center Street it has been on a month to month basis since June 1, 2005; and at 1337 East Fifth Street a lease is currently being signed for 3 years. Because of the data provided showing that leases have shifted from 5 years to month to month, Mr. Donchez stated he will support the amendment.

Mr. Mowrer advised he will honor the requested amendment as well. Mr. Mowrer thought it does not seem as though it was handled as well as it could have been. Mr. Mowrer continued on to say the compromise is that in three years it will be known whether or not it will work, and if it does it will continue on. If not, there is the chance to reexamine the matter.

Ms. Szabo advised she is not challenging the judgment or reasoning of Police Commissioner Miller. Ms. Szabo expressed she cannot help but wonder, if the rate of crime is lower in that Center Street area than on Linden Street, whether it has been considered that it might be lower because the Police Officers are there, and once the Police Officers leave the crime will increase.

Randall Miller, Police Commissioner, while acknowledging that could be a possibility, explained the initial problems there are the same problems throughout Center City. Police Commissioner Miller, denoting that the Substation is being moved two blocks to a different geographic location, affirmed the same Police Officers who work out of the Center Street Police Substation will work out of the Linden Street Police Substation. Police Commissioner Miller pointed out there is room for only one Police Officer at the current Center Street Police Substation, and there is not the chance of being able to add on to the building to accommodate a second Police Officer. Police Commissioner Miller, noting the hope is to have a second Officer by bringing a Patrol Officer in or a second Community Policing Officer, stated that cannot be done with the size of the current Substation.

Ms. Szabo asked what will be the contact by the Police Officers with the Center Street neighborhood.

Police Commissioner Miller, responding it will be the same as they have now, said they
will spend some time in the Substation, and will be out on the street, and there is no change in the patrolling duties.

Ms. Szabo questioned what does a Police drop-in station provide for the neighborhood.

Police Commissioner Miller replied the Police contact stations have a podium and a phone but the Police cannot perform work there. In further response to Ms. Szabo, Police Commissioner Miller advised there is no place for citizens to sit down to have a meeting, and the new Substation will have that ability.

Ms. Szabo inquired whether there could be a drop-in center at Dave Sanders deli on a trial basis where people congregate, and noted there are places to sit down. Ms. Szabo added that people may not feel so isolated and abandoned if one were located there.

Police Commissioner Miller responded that, making the assumption Mr. Sanders would be agreeable, he would not have a problem with having meetings there. Police Commissioner Miller, while acknowledging there were some errors made in how the Linden Street Substation was proposed, commented there were errors made on both sides. Police Commissioner Miller, stating he takes the fault from his side of the conversation, explained there were communications back and forth that were misdirected or not paid attention to on both sides. Police Commissioner Miller, advising he apologized to the Center Street Block Watch when he met with them, communicated it is a shame the events unfolded the way they did. Confirming the Neighbors on Watch Block Watch in the Center Street neighborhood is one of the most established block watches and very active, Police Commissioner Miller restated there are still those neighbors and the Police Officers, and the new Substation will physically be two blocks away. Police Commissioner Miller affirmed the Department’s commitment has not changed.

Amendment Passes - Reducing Rental Term to Three Years from Five Years

Voting AYE on the Amendment: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. The Amendment passed.

Voting AYE on Resolution 11 B, as Amended: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. Resolution 15,036 as amended passed.

C. Approving Intermunicipal Liquor License Transfer – 701 East Fourth Street

Mr. Mowrer and Mr. Donchez sponsored Resolution 15,037 that approved the Intermunicipal Transfer of Restaurant Liquor License No. R-5834 owned by Soul Imperial, Inc., formerly licensed to conduct business at 2447 Freemansburg Avenue, Wilson Borough, Easton, Pennsylvania, to 701 East Fourth Street, Inc., 701 East Fourth Street, Bethlehem, Pennsylvania.

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. The Resolution passed.

D. Amending Recreation Fees – Adding Little League Field Fees

Mrs. Belinski and Mr. Mowrer sponsored Resolution 15,038 that amended the League/Field fees listed in Resolution 14,754 adopted December 20, 2005 by adding the following fees: Little League Field Use for Lights - $50, and Little League Field Use for Fields - $100.

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. The Resolution passed.

E. Approving Participation – Lehigh County Congress of Governments (COG)

Mrs. Belinski and Mr. Donchez sponsored Resolution 15,039 that provides for the City of Bethlehem to join and participate in the Lehigh County Congress of Governments (COG).

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. The Resolution passed.

F. Approving Interim Sewage Enforcement Officer

Mrs. Belinski and Mr. Donchez sponsored Resolution 15,040 that approved Chris Noll of Keystone Consulting Engineers to be named Interim Sewage Enforcement Officer for the City of Bethlehem effective from April 18, 2007 until July 31, 2007 due to the staff member’s medical leave.

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. The Resolution passed.

G. Transfer of Funds – Sewer Capital Budget – Fine Bar Screens

Mr. Donchez and Mrs. Belinski sponsored Resolution 15,041 that transferred $50,000 in the Sewer Capital Budget from the following: $18,480 – Roof Repairs – Control Building Account and $31,520 – Grit Conveyor System Upgrade Account to the Fine Bar Screens Account for the rebuild project to extend the service life.

Mrs. Belinski recalled that in the past she constantly complained about the grit conveyor system. She noted it was the opinion of the former superintendent that it was bad from the beginning and should have been torn out and the City should not have accepted it. Mrs. Belinski asked the purpose of the funding.

Jack Lawrence, Jr., Superintendent of the Wastewater Treatment Plant, explained the transfer of funds is for the bar screens themselves and not for the actual conveyor. The conveyor has been upgraded and fixed and is now operating. It is hopeful that the past problems have been fixed and the money will not be needed to upgrade the conveyor. However, if it fails by the end of the year, then a request will be made for next year’s budget for additional monies. In further response to Mrs. Belinski, Mr. Lawrence said the original budget was for the grit conveyor upgrade. However, those issues have now been solved and money is being transferred from the grit conveyor upgrade into the fine bar screens.

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. The Resolution passed.

H. Utilization of Savings – Fire Department – Equipment

Mr. Donchez and Mrs. Belinski sponsored Resolution 15,042 that utilized savings in the General Fund Budget Fire Department – Equipment Account in the amount of $1,763 for the purchase of two single-gas meters and five single-gas carbon monoxide detectors.

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. The Resolution passed.

Considering Resolutions As A Group

Mrs. Belinski and Mr. Donchez moved that Resolutions 11 I through 11 O be considered as a group. Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. The motion passed.

I. Certificate of Appropriateness – 61 West Lehigh Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 15,043 that granted a Certificate of Appropriateness to add a shed, install a gate, and install exterior lighting at 61 West Lehigh Street.

J. Certificate of Appropriateness – 39 East Wall Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 15,044 that granted a Certificate of Appropriateness to replace the slate roof, gutters and downspout at 39 East Wall Street.

K. Certificate of Appropriateness – 459 Old York Road

Mrs. Belinski and Mr. Mowrer sponsored Resolution 15,045 that granted a Certificate of Appropriateness to restore the stone walls of the Dye House at 459 Old York Road.

L. Certificate of Appropriateness – 574 Main Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 15,046 that granted a Certificate of Appropriateness to paint the windows at 574 Main Street.

M. Certificate of Appropriateness – 546 Main Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 15,047 that granted a Certificate of Appropriateness to install a sign at 546 Main Street.

N. Certificate of Appropriateness – 451 Main Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 15,048 that granted a Certificate of Appropriateness to paint the exterior at 451 Main Street.

O. Certificate of Appropriateness – 36 East Wall Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 15,049 that granted a Certificate of Appropriateness to replace the rear slope of the slate roof at 36 East Wall Street.

Voting AYE on Resolutions 11 I through 11 O: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. The Resolutions passed.

P. Transfer of Funds – Non-Utility Capital Budget – Roof Repairs

Mr. Donchez and Mrs. Belinski sponsored Resolution 15,050 that transferred $30,000 in the Non-Utility Capital Budget from the Johnston Park Account to the Roof Repairs Account to provide funding for emergency roof repair at Memorial Fire Station.

Voting AYE: Mrs. Belinski, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 5. The Resolution passed.

12. NEW BUSINESS

Committee Meeting Announcement

Chairwoman Szabo announced a Community Development Committee meeting on April 23 on the Mt. Airy Historic District Ordinance.

13. COURTESY OF THE FLOOR

Lehigh Little League

Keith Ashner, 5492 Mountain Drive, Coopersburg, representative of Lehigh Little League, said the League would to thank Council Members Jean Belinski, Karen Dolan, and Joseph Leeson, as well as Jody Reppert, Jane Persa, and Charlie Brown of the Parks and Public Property Department, for helping to resolve the issues concerning use of the Little League fields. Mr. Ashner continued on to say the League would also like to thank City Council and the City of Bethlehem for the continued privilege of allowing the youth in the Lehigh Little League the opportunity to play baseball at such a great facility.

Casino Host Fees – Tax Reduction

Joseph Boligitz, 2305 Covington Avenue, recalled it had been stated that the greater percentage of the money coming from gaming revenues would be for tax relief. Mr. Boligitz continued on to say there will be reassessments, more money will be needed for City employees, and more equipment will be needed for the City of Bethlehem. Mr. Boligitz noted it was recently reported in a newspaper article that President Schweder felt that 50% of the casino host fees should go for tax relief, and Mayor Callahan said the other portion he would take care of. Mr. Boligitz stressed that, with a possible reassessment, those on fixed incomes at an advanced age cannot go out into the workforce to make more money. Mr. Boligitz expressed that 75% of the casino host fees should go for tax relief, and 25% for the City of Bethlehem.

Riverport Condominiums – Courtyard Noise from Starters Restaurant

Ana Urutia, 11 West Second Street at Riverport Condominiums, noted she has been at the City Council Meetings numerous times to ask City Council to help with the nuisance noise that comes from Starters Restaurant at Riverport. Ms. Urutia recalled that at the March 6, 2007 City Council Meeting, Mr. Leeson asked her to meet with Dave Rank, owner of Starters Restaurant, to see if there could be a compromise. Ms. Urutia confirmed she met with Mr. Rank and his lawyer and asked them to please close the courtyard, located 40 feet away from her bedroom window, by 9:00 p.m. or 10:00 p.m. on weekends so that she and her husband can get some sleep but he was not willing to do that. Emphasizing this is a Noise Ordinance issue, rather than a zoning issue or condominium board issue, Ms. Urutia stated that Mr. Rank has threatened to sue the condominium board if they implement any rules that would require the courtyard to be closed earlier in the night. Ms. Urutia asked City Council for help with this Noise Ordinance issue. Ms. Urutia stressed that having to wear earplugs on weekends, and all week long with the coming warmer weather, is as bad as not having smoke detectors or fire alarms. Ms. Urutia related that on Saturday, April 8 she called the Police to report loud noise from the courtyard and was told there was already an Officer working at Starters, the Officer was paid by Mr. Rank, he was not there to babysit, and to call the condominium board instead. Ms. Urutia remarked when she calls the City she expects to get a City employee, not Mr. Rank’s employee. Ms. Urutia asked what City Council is willing to do. Ms. Urutia said she is not going to stop coming to the Meetings until this is addressed.

Environmental Advisory Council

Christine Exposito-Wurth, 1531 High Street, thanked Ms. Dolan for seeking the passage of the Environmental Advisory Council (EAC) Ordinance. Explaining the reasons she chose to move to Bethlehem four years ago, Ms. Exposito-Wurth also pointed out she has been involved with the environment for many years. Ms. Exposito-Wurth communicated she has been inspired watching various communities take a stand on changes that need to be made, and she added that over 130 communities in Pennsylvania have established Environmental Advisory Councils, including 7 in Northampton County and 8 in Lehigh County. Ms. Exposito-Wurth asked City Council to please pass the Ordinance to establish an Environmental Advisory Council in Bethlehem. She noted the EAC will have the ability to identify changes to foster a cleaner, more responsible way of living. Ms. Exposito-Wurth expressed the hope that the EAC will show Bethlehem’s commitment to a cleaner, better life.

Riverport Condominiums – Courtyard Noise from Starters Restaurant

William Scheirer, 1890 Eaton Avenue, expressed his opinion that the noise issue problem recited by Ms. Urutia should not be and the solution is legislative.

Lease Agreement – Adams Outdoor Advertising – Outdoor Advertising Display Boards

Mr. Scheirer, referring to Communication 7B, said the billboards on Paint Mill Road do not have aesthetic value, he fails to see anything of interest on the billboards, and it is visual pollution. Mr. Scheirer remarked that, if the City were not only to deny the request of Adams Outdoor Advertising to have five outdoor billboards but to phase out billboards all over the City, he would gladly pay his calculated cost of $1 per resident per year. He thought perhaps there could be a check off line on the City’s tax form so that citizens could donate $1 to a fund to retire billboards. Mr. Scheirer felt that billboards do not serve any useful function except to clutter the environment.

Wildflower Café - South Bethlehem Historic Conservation Commission Meeting

Mary Pongracz, 321 West Fourth Street, advised that, as a member of the South Bethlehem Historic Conservation Commission, she received a telephone call from the Community and Economic Development Department to tell her there would be a meeting on Thursday to discuss the Wildflower Café proposal and she attended the meeting. Ms. Pongracz said she does not know whether or not the meeting was advertised and would like someone from the City to give her that information. At the meeting, there was a motion to accept the proposal but she voted no for the reason that the process for applications to do developmental work on a structure was not done. Ms. Pongracz advised there was a regular meeting of the South Bethlehem Historic Conservation Commission last night, and all the applicants had followed the process. On Sunday, Ms. Pongracz read that the applicants are going ahead with the project, even though the application had not been presented properly. Ms. Pongracz stressed this is totally unfair to all of the applicants who come to the meetings of the South Bethlehem Historic Conservation Commission for their proposals. Ms. Pongracz asserted that the owners of the Wildflower Café and the Fine Arts Commission should not take it upon themselves to decide what can and cannot be done without having received proper authority from the South Bethlehem Historic Conservation Commission that in turn makes a recommendation to City Council. Ms. Pongracz wanted to know why the Community and Economic Development Department gives special privileges to people. Noting it was advised that the wall was in bad condition, Ms. Pongracz explained she suggested waterproofing the wall but the applicant wanted to put mosaic tile on the wall that is very heavy. Ms. Pongracz expressed her opinion that it was an end run to circumvent what is required from anyone else. Ms. Pongracz stressed she hopes something is done and this never happens again.

Various Issues

Eddie Rodriquez, 1845 Linden Street, thanked Stuart Bedics, Deputy Police Commissioner, Michael Alkhal, Director of Public Works, and Jim Smith, Streets Superintendent, and also noted the thanks of the residents of the Ontario Street area. Mr. Rodriquez said he would like to see a Police Substation at 602 Ontario Street. Mr. Rodriquez commented there are enough Police Officers now but not enough for what is coming. Mr. Rodriquez thought if a Police Substation is placed at 745 Linden Street then it will be convenient for Police Officers to go to Wawa. Mr. Rodriquez continued on to say Police Officers hang out in that area, and asserted he wants to see Police Officers where they are needed. Mr. Rodriquez stressed that crime is increasing in the City, and the outcry of City residents is that more Police action is needed. Mr. Rodriquez stated crime is not being reported as it should be, the Block Watches are ineffective, and people are scared to bring up issues.

Lump’s Deli – Drop-In Center for Police Officers

Dave Sanders, 6 East Washington Avenue, owner and operator of Lump’s Deli, advised that for 20 years Lump’s Deli has been doing what Ms. Szabo inquired about regarding having a drop-in center for the Police. Mr. Sanders noted there is a new Community Police Officer for the area. Mr. Sanders said one thing that has made the neighborhood more dedicated and safer is not just the Police Substation or Police Officer but people like William Fitzpatrick who is the glue for the Center Street Block Watch. Mr. Sanders thought that moving the Police Substation to Linden Street will provide the chance to expand the Block Watch and bring in new people, and added that the owner of the building already has surveillance cameras in place. Expressing that the City is better than ever and the Police Officers are out in the community, Mr. Sanders explained that Police Officers stop in every business. Mr. Sanders advised that the Police Officers also conducted training in one of his buildings. Mr. Sanders did not think crime will come back to Center Street because the people will work twice as hard to make sure it does not return.

Casino Host Fees

Robert Pfenning, 2830 Linden Street, noting the municipal host fee was originally 2% or $10 million, whichever is greater, modified down to $8 million for Third Class Cities, asked is the host fee just the $8 million or is it everything that comes in from the gaming establishment. Mr. Pfenning pointed out the portion that comes from the County is a function of gross terminal revenue which is a function of weather, economy, and competition. Mr. Pfenning, asking how a property tax rebate would be handled, wondered if it would be on a millage basis or a flat rate per property.

President Schweder advised it would be a millage reduction.

Mr. Pfenning, observing that property tax relief under Act 1 is on a per home flat rate basis, thought it might be a question for the City Council Solicitor.

Mr. Pfenning asked who from City Council would be a liaison to the Mayor’s task force.

President Schweder, commenting he does not think anyone will, communicated he does not see why 25 people appointed by the Mayor are any more important than the other 71,000 people who live in the City. President Schweder added that the Members of Council are elected to make those decisions.

Mr. Pfenning noted that Northampton County’s gaming committee has a Council liaison.

Mr. Pfenning said he agrees with three of the Mayor’s four proposals on expenditures of the casino host fees but does not agree with supporting local businesses and did not see why businesses should be helped any more by individual taxes.

Commending Police Officers

Tom Carroll, 248 East Union Boulevard, noted he works for the Northampton County District Attorney’s Office as the Chief Juvenile Prosecutor. Mr. Carroll explained that he witnessed a citizen and his girlfriend who were approached by a juvenile with a gun. Mr. Carroll continued on to relate that, when Bethlehem Police Officers eventually found the juvenile in the parking lot of the Wawa, the juvenile put his hand into his pants to pull out his gun. Officers Phelps and Beebe were able to subdue the juvenile and no one was hurt. Mr. Carroll pointed out the Officers should be commended.

Police Issues

Dean Bruch, 555 Spring Street, expressed the hope there is coordination between the Police and the colleges in view of the Virginia Tech incident so there is not a two hour wait when there is a problem. He raised questions about the upcoming Police CALEA accreditation. Mr. Bruch thought one of the problems in the City is that people do not know their neighbors any more.

Concerned Citizens

Stephen Antalics, 737 Ridge Street, suggested that the concerned citizens who come to the City Council Meetings have acknowledged seats in Town Hall.

14. ADJOURNMENT

The meeting was adjourned at 9:00 p.m.