Council MInutes

June 17, 2008

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, June 17, 2008 – 7:00 PM

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

President Donchez 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, Joseph F. Leeson, Jr., Gordon B. Mowrer, J. William Reynolds, J. Michael Schweder, and Robert J. Donchez, 6. Karen Dolan was absent, 1.

4. APPROVAL OF MINUTES

The Minutes of June 3, 2008 were approved.

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

Preserve America Grant Request

President Donchez announced that a Resolution may be considered later in the Agenda to amend a Resolution previously adopted at the April 1, 2008 City Council Meeting pertaining to the City’s application under the Preserve America program and a grant request. President Donchez stated that, as a result, the public may address the matter under the first Courtesy of the Floor.

City Hall Records

Stephen Antalics, 737 Ridge Street, recalled he expressed his concern at previous Council Meetings about destruction of City records. Mr. Antalics highlighted the fact that if records had been destroyed a long time ago people would be at a loss to find out what was going on in the past. Mr. Antalics pointed out that, if City records are destroyed, in 2108 if someone wanted to look into something from 2008 they would not find what they are looking for. Exemplifying that novels can be downloaded on the Internet, Mr. Antalics asked why is the City going to destroy records in view of the technology available today. Mr. Antalics urged Council to continue to table the records destruction requests and look at alternatives to preserve documents, and stressed it is a major error to allow further destruction of records.

Bill No. 17 – 2008 – Music in the Park

Eddie Rodriquez, 1845 Linden Street, referring to Bill No. 17 – 2008, commented that Council should be careful about the Music in the Park item because he thought there could be crowd control issues.

6. OLD BUSINESS

A. Tabled Items

1. Authorizing Records Destruction – Controller's Office
2. Authorizing Records Destruction – Bureau of Purchasing
3. Authorizing Records Destruction – Department of Water and Sewer Resources

B. Unfinished Business

1. Use Permit Agreement – Youth Athletic Organizations
2. Establishing Article 314 – Security Cameras
3. Amending Non-Utility Capital Budget for:
? Flatiron Garage – Purchase
? Parks and Playground Improvements
4. Political Contributions and Expenditures – Proposed Ordinance
5. Emergency Operations Plan

Golf Course Clubhouse Restaurant; Cart

Mrs. Belinski, noting there are plans for a cart to travel on the Municipal Golf Course with refreshments, noted in Article 941 it is stated that no alcoholic beverages shall be brought into or consumed in any City park except Illick's Mill, Saucon and South Mountain, and it does not mention the Golf Course. Mrs. Belinski thought it would prohibit a cart going around the Golf Course selling beer. Mrs. Belinski said in checking with someone who golfed when Steve Chanitz previously operated the Golf Course Restaurant she learned that Mr. Chanitz did not have a cart going around the Golf Course.

Mrs. Belinski, referring to the newspaper article in which it was reported that the City is lending Dave Rank, current operator of the Golf Course Restaurant, $100,000 to cover the cost of buying the liquor license from the previous operator, recalled that at the last Council Meeting she noted it was her understanding that the City owned the liquor license. Mrs. Belinski said in checking this morning she found out it is the City of Bethlehem’s liquor license and the City has it until the end of 2009. Mrs. Belinski continued on to note she was told that Mr. Rank asked for an extension of the lease of Mr. Chanitz whose lease ran out February 28, 2008 so that drinks could continue to be served at the Golf Course Restaurant. Mrs. Belinski questioned what is the purpose of the $100,000 loan since the City owns the liquor license.

John F. Spirk, Jr., Esq., City Solicitor, advised he found nothing in the files to suggest anything other than the City has never owned the license, and the license has always been in the name of the proprietor of the restaurant. However, as a condition of the proprietor’s lease with the City, they are obligated to initiate a transfer of the license at the end of their term. Attorney Spirk continued on to say it was determined a long time ago it would be best not to have the City own the license but rather have the license in the name of the proprietor. Attorney Spirk added it was formerly in the name of Mali’s Café, Mr. Chanitz’s corporation, and previously in the name of KKK Enterprises when Joe Antiga ran the Golf Course Clubhouse Restaurant. The City’s control over it came from the fact of the condition of the lease that said the proprietor of the restaurant would upon the request of the City convey the license for $1 to the next person. Attorney Spirk advised there is a special designation the LCB has of the different types of licenses and one of them is a municipal golf course license which is a category for golf courses across the State.

Mrs. Belinski explained she received the information from the Eastern Regional Information Center and the representative looked it up and found the liquor license for the City of Bethlehem.

Attorney Spirk reiterated it is a municipal golf course license but it is titled in the name of the other party. Attorney Spirk noted that Attorney Kelly, in response to a question from President Donchez, agreed to respond in writing, and there are a few final pieces of information to be obtained so that Council can be presented with the historical picture. In further response to Mrs. Belinski, Attorney Spirk explained that in putting up collateral for the loan the question came up as to what value does the liquor license have to the person running the restaurant. Attorney Spirk noted the conclusion was that there would be value and benefit in having a liquor license for a person running the restaurant with a liquor license versus without a liquor license, and he added that about $25,000 was allocated as an approximate value to the owner. Attorney Spirk explained the transfer of the license has always been at the insistence of the City as a condition of the lease for the Golf Course Clubhouse Restaurant.

President Donchez advised he will ask Attorney Spirk to work with Attorney Kelly to develop a written response and history of the matter for the next City Council Meeting to be received at least the Friday before the Meeting so that the information can be given to the Members of Council.

Mr. Schweder, commenting he would ask for a few more questions to be answered, stated the liquor license has always been the City of Bethlehem’s liquor license. He continued on to say it was always placed in the name of the person who ran the restaurant because the City did not want the liability that came with serving alcohol, and the liability would then rest with the person who rented and ran the facility, and it was their responsibility to get the liability insurance. Mr. Schweder noted the license always reverted for $1 to the next person who took over the operation. Mr. Schweder requested that the matter be confirmed with the Liquor Control Board in Harrisburg to determine the history of the license, who owned it, and how it was transferred. Noting the other question that Mrs. Belinski asked is if the license could be transferred from Mr. Chanitz to Mr. Rank for $1, but Mr. Rank is borrowing $100,000 that the City is giving him to get a liquor license, Mr. Schweder wondered does that mean the City is giving Mr. Rank money to do whatever he wants and the City is using its liquor license that is now technically in Mr. Rank’s name as collateral for the loan. Mr. Schweder observed for $1 the restaurant operator gets a value of $100,000 and the City has first lien, and questioned how does the City get a lien on its own property. Pointing out that, as Attorney Spirk stated, there is a unique liquor license which the City purchased, Mr. Schweder noted it was probably in the 1960’s and has allowed the operator of the Golf Course Restaurant to use it, and every Director of Parks and Public Property confirmed that is the way it has always been. Mr. Schweder observed however, this lease is different.

Attorney Spirk advised the Law Bureau has not yet researched the matter back to the 1960’s, and as near as the Law Bureau can tell it has always been in the name of the operator of the license.

Mr. Schweder requested that the LCB be called and asked whose name is on the liquor license.

President Donchez asked Christopher Spadoni, City Council Solicitor, to make sure that is one of the questions that is answered.

Tony Hanna, Director of Community and Economic Development, noted he had a discussion with Attorney Spadoni about what the value of the $100,000 loan and what it was used for. Mr. Hanna informed the Members it was not used exclusively for consideration for the license. He continued on to say that was part of the City’s collateral position and a value was placed on the license, as Attorney Spirk mentioned, arbitrarily of $25,000. Mr. Hanna stated the dollars were used for equipment in the restaurant, and for other things. Mr. Hanna affirmed there is a complete rundown and it will be given to Council, and said the City has collateral positions on everything that the money was loaned for to Mr. Rank. Mr. Hanna confirmed that a complete itemization of what collateral position the City has and what the money was borrowed for will be provided to Council.

President Donchez requested that all the questions pertaining to the liquor license and the related matters be responded to by the Friday prior to the next City Council Meeting.

Mr. Schweder requested that any correspondence or e-mails pertaining to the matter be forwarded. Mr. Schweder asked whether or not this opportunity to have funding made available to anybody who operated the restaurant was made available to the others who were interested in bidding to operate the restaurant before consideration of who was going to be the operator. Mr. Schweder requested confirmation as to whether or not the funding information was made available to Mr. Rank in advance. Mr. Schweder recalled that in the presentation made to City Council it was said that what set Starters Pub above and beyond the others was the financial ability they could bring to the operation. Mr. Schweder observed it turns out the City is on the hook for about $450,000.

Mrs. Belinski asked for a response on the status of the cart to serve drinks at the Golf Course.

Ralph Carp, Director of Parks and Public Property, advised the agreement that the City entered into is for the leased premises which includes the Golf Course in its entirety for the lessee to sell alcoholic beverages. Mr. Carp stated the whole Golf Course is considered part of the leased premises, not just the Clubhouse. Mr. Carp noted that Mr. Chanitz did have a cart on the course to sell alcoholic beverages.

Mrs. Belinski wondered whether the City’s Ordinance needs to be changed.

President Donchez suggested that Mrs. Belinski could review the matter in Committee.

Mr. Reynolds, noting he played at the Golf Course last July and August, affirmed that Mr. Chanitz had a cart and was selling beer, water, etc.

7. COMMUNICATIONS

A. Councilman Joseph F. Leeson, Jr. – Amending Article 121.08 – Gaming Local Share Account

The Clerk read a memorandum dated June 4, 2008 from Joseph F. Leeson, Jr., Member of Council, to which was attached a proposed Ordinance to escrow all gaming revenues received by the City, and to require prior City Council approval for any expenditure of funds from the account.

President Donchez referred the matter to the Finance Committee.

B. Police Commissioner – Special Event Parking Resolution – Musikfest 2008

The Clerk read a memorandum dated June 9, 2008 from Randall P. Miller, Police Commissioner, requesting that a Resolution be passed covering Special Event Parking during Musikfest 2008 from 12:00 Noon on Friday, August 1, 2008 through 12:00 Midnight at the end of Sunday, August 10, 2008.

President Donchez stated that the Resolution will be listed on the July 1, 2008 Agenda.

C. Councilman J. Michael Schweder – City Hall Records

The Clerk read a memorandum dated June 13, 2008 from J. Michael Schweder, Member of Council, to follow up on comments made at the May 20, 2008 City Council Meeting and previously concerning the City’s use of available technology for electronic storage of records versus paper records. On June 12, 2008, Mr. Schweder met with the Business Administrator, Parks and Public Property Director, and the City Clerk to tour the penthouse and basement locations in City Hall where various types of records are stored. A software program has been in use in the City Clerk’s Office that has the capability to input information and to search it, to decrease filing of multiple hard copies in various offices, and to implement electronic records management and filing. Mr. Schweder requested that the appropriate Administration staff meet with the City Clerk's Office to implement use of the software program on a City government-wide basis, and to advise a scheduled implementation date. He asked that a list be compiled of the financial records that are in hard copy form, and a determination made on types of electronic storage devices that can be utilized for financial records. He also requested that related matters be initiated such as identifying where duplicate records are stored, scanning services, preservation of historical documents, and also contacting Library personnel to ascertain what types of assistance they may be able to provide.

Mr. Schweder thanked Mr. Carp for setting up the visit to the penthouse and basement areas and said it was very insightful. Mr. Schweder advised that he did discuss with the City Clerk’s Office the software program that had been in place in the office for the past ten years, and there are multiple licenses for others to use. Noting he was informed by the City Clerk that the program is easy to use, Mr. Schweder pointed out there is a solution that has been available for a decade. Mr. Schweder advised he will wait for the next two week period before proposing a Resolution pertaining to the matter. Mr. Schweder, stressing it should have been implemented previously, restated it is an easy solution, and it will accomplish what needs to be done. Mr. Schweder further stated that the files in the penthouse and basement areas need to be surveyed and a determination made, probably with the assistance of the Library, how to handle the records.

President Donchez stated the matter will be forwarded to the Administration for review.

President Donchez directed the Clerk to read additional Communication 7 D into the record.

D. Director of Planning and Zoning – Preserve America Grant Request

The Clerk read a memorandum dated June 17, 2008, to which was attached a proposed Resolution for approval to apply for Preserve America grant funds for planning and design of the Stockhouse as a Visitor’s Center at the BethWorks site. The maximum grant request is $250,000 and the City’s request will be very near the maximum amount. The grant dollars are proposed to be matched with TIF funds from the BethWorks site. Resolution 15,290 was adopted April 1, 2008 to allow the City to apply for designation as a Preserve America community. However, it was recently realized that the City can apply for Preserve America funds while the review of the community designation is pending, and the current grant application deadline is June 30, 2008.

President Donchez advised that the Resolution can be added to the Agenda upon suspension of Council’s Rules.

8 . REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Barbara H. Diamond – Fine Arts Commission

John F. Spirk, Jr., Esq., City Solicitor, read Mayor Callahan’s reappointment of Barbara H. Diamond to membership on the Fine Arts Commission effective until April 2011. Mr. Mowrer and Mr. Schweder sponsored Resolution 2008-87 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. The Resolution passed.

C. Finance Committee

Chairman Leeson presented an oral report of the Finance Committee meeting on Wednesday, June 4, 2008, as follows: The Committee recommended that Council adopt Ordinances for the following: Amending General Fund Budget for Health Bureau – Grants – Lead Liability Insurance, Public Works Department – Equipment Repairs – Reimbursement, and Civic Expenses – Music in the Park; Amending Golf Course Enterprise Fund Budget – Clubhouse Repairs; Amending Non-Utility Capital Budget for Saucon Park Dam Removal, Parks and Playground Improvements, and Flatiron Garage. The Committee recommended that Council adopt Resolutions for the following: Transfer of Funds for Professional Services – Fire Union Negotiations, and City Clerk’s Office – Tape Recorder; Utilization of Savings: Liquid Fuels Budget – Purchase of Equipment, and Water Capital Budget – Purchase of Desk Chairs.

D. Parks and Public Property Committee

Chairwoman Belinski presented an oral report of the Parks and Public Property Committee meeting this evening, Tuesday, June 17, 2008 prior to the City Council Meeting. The Committee unanimously recommended that Council approve Resolutions for the Use Permit Agreements for Youth Athletic Organizations, with the amendments as stated in the memorandum dated June 17, 2008 from the Law Bureau, in addition to changing the date by which financial statements must be submitted to March 31, 2008. The Committee reviewed the proposed Statement of Income and Expenses for Youth Athletic Organizations and approved the form. By a vote of 2 yes and 1 no, the Committee recommended that Council approve a Resolution for the Tower Lease Agreement with T-Mobile for the location in Clearview Park.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 17 – 2008 – Amending General Fund Budget – Health Bureau – Grants, Public Works Department – Equipment Repairs, and Civic Expenses – Music in the Park

The Clerk read Bill No. 17 – 2008 – Amending General Fund Budget – Health Bureau – Grants, Public Works Department – Equipment Repairs, and Civic Expenses – Music in the Park, sponsored by Mrs. Belinski and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2008.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. Bill No. 17 – 2008 was declared passed on First Reading.

B. Bill No. 18 – 2008 – Amending Golf Course Enterprise Fund Budget – Clubhouse Repairs

The Clerk read Bill No. 18 – 2008 – Amending Golf Course Enterprise Fund Budget – Clubhouse Repairs, sponsored by Mrs. Belinski and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GOLF COURSE ENTERPRISE FUND BUDGET
FOR 2008.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. Bill No. 18 – 2008 was declared passed on First Reading.

C. Bill No. 19 – 2008 – Amending Non-Utility Capital Budget – Saucon Park Dam Removal, Parks and Playground Improvements, and Flatiron Garage

The Clerk read Bill No. 19 – 2008 – Amending Non-Utility Capital Budget – Saucon Park Dam Removal, Parks and Playground Improvements, and Flatiron Garage, sponsored by Mrs. Belinski and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2008 CAPITAL BUDGET FOR NON-UTILITIES.

Mr. Leeson, stating he will be voting in favor of the Bill, said he would like to request that, in the future before the Administration seeks to spend Recreation Fees, Council make it a policy to obtain a legal opinion from the City Council Solicitor before authorizing spending funds from this account. Mr. Leeson expressed doubt as to whether the proposed expenditures qualify but pointed out it has been advised they are critical to the parks system. Mr. Leeson thought there needs to be a more organized and analytical process going forward in spending Recreation Fees. Mr. Leeson advised Mr. Carp that any future proposals to spend monies from the Recreation Fund will be forwarded to Attorney Spadoni first.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. Bill No. 19 – 2008 was declared passed on First Reading.

D. Bill No. 20 – 2008 – Amending Article 913 – Water Rate Increase (3.5%)

The Clerk read Bill No. 20 – 2008 – Amending Article 913 – Water Rate Increase, sponsored by Mrs. Belinski and Mr. Schweder, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 913 OF THE CODIFIED ORDINANCES
ENTITLED WATER RATES AND CHARGES.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. Bill No. 20 – 2008 was declared passed on First Reading.

11. RESOLUTIONS

Considering Resolutions as a Group

Mrs. Belinski and Mr. Leeson moved to consider Resolutions 11 A through 11 D as a group. Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. The motion passed.

A. Transfer of Funds – Professional Services – Fire Union Negotiations

Mrs. Belinski and Mr. Mowrer sponsored Resolution 2008-88 that transferred $3,750 in the General Fund Budget from the Unforeseen Contingency Account to the Professional Services Account for legal expenses paid in 2008 related to Fire Union negotiations.

B. Utilization of Savings – Liquid Fuels Budget – Purchase of Equipment

Mrs. Belinski and Mr. Mowrer sponsored Resolution 2008-89 that utilized savings of $20,600 in the Liquid Fuels Fund Budget from Liquid Fuels Equipment Account to purchase a Model HP-1250 Hydraulic Hammer plus installation and a 24” Heavy Duty Digging Bucket for CAT backhoe.

C. Utilization of Savings – Water Capital Budget – Purchase of Desk Chairs

Mrs. Belinski and Mr. Mowrer sponsored Resolution 2008-90 that utilized savings of $700 in the Water Capital Equipment – Technical Support Account to purchase three desk chairs for the Water Control Room.

D. Transfer of Funds – City Clerk’s Office – Tape Recorder

Mrs. Belinski and Mr. Mowrer sponsored Resolution 2008-91 that transferred $500 in the General Fund Budget from the City Council – Other Expenses Account to the City Council – Equipment Account for the purchase of a tape recorder and transcriber unit.

Voting AYE on Resolutions 11 A to 11 D: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. The Resolutions passed.

Considering Resolutions as a Group

Mr. Reynolds and Mr. Mowrer moved to consider Resolutions 11 E through 11 H as a group. Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. The motion passed.

E. Certificate of Appropriateness – 257 East Market Street

Mr. Mowrer and Mr. Reynolds sponsored Resolution 2008-92 that granted a Certificate of Appropriateness to repair the front porch roof and replace roofing at 257 East Market Street.

F. Certificate of Appropriateness – 54 East Wall Street

Mr. Mowrer and Mr. Reynolds sponsored Resolution 2008-93 that granted a Certificate of Appropriateness to replace the rear fence at 54 East Wall Street.

G. Certificate of Appropriateness – 44 East Market Street

Mr. Mowrer and Mr. Reynolds sponsored Resolution 2008-94 that granted a Certificate of Appropriateness to construct a memorial garden and replace the front steps at 44 East Market Street.

H. Certificate of Appropriateness – 631-633 Conestoga Street

Mr. Mowrer and Mr. Reynolds sponsored Resolution 2008-95 that granted a Certificate of Appropriateness to reconstruct the front porches and replace roofing at 631-633 Conestoga Street.

Voting AYE on Resolutions 11 E to 11 H: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. The Resolutions passed.

I. Certificate of Appropriateness – 574 Main Street

Mr. Mowrer and Mr. Reynolds sponsored Resolution 2008-96 that granted a Certificate of Appropriateness to install vinyl signage, gooseneck lighting, and a canopy at the front door at 574 Main Street.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. The Resolution passed.

J. Approving National Incident Management System (NIMS)

Mr. Mowrer and Mr. Reynolds sponsored Resolution 2008-97 that approved utilization of the National Incident Management System for all incident management in the City of Bethlehem developed by the Department of Homeland Security to provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, and to utilize standard terminology and organizational structures.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. The Resolution passed.

K. Adopting Emergency Operations Plan

Mr. Reynolds and Mr. Mowrer sponsored Resolution 2008-98 that authorized the adoption of the City of Bethlehem Emergency Operations Plan dated January 2008 that has been developed to outline basic operations and procedures to be implemented in the event of an incident either man-made or natural that requires a coordinated response.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. The Resolution passed.

Considering Resolutions as a Group

Mrs. Belinski and Mr. Schweder moved to consider Resolutions 11 L through 11 U as a group. Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. The motion passed.

L. Authorizing Execution of Use Permit Agreement – City Line Little League

Mr. Mowrer and Mr. Reynolds sponsored Resolution 2008-99 that authorized the execution of a Use Permit Agreement between City Line Little League and the City for use of Northdale Park for Little League Baseball for the time period January 1, 2008 through December 31, 2008, according to the terms of the agreement, with an automatic renewal provision.

M. Authorizing Execution of Use Permit Agreement – Lehigh Little League

Mr. Reynolds and Mr. Mowrer sponsored Resolution 2008-100 that authorized the execution of a Use Permit Agreement between Lehigh Little League and the City for use of Monocacy Park for Little League Baseball for the time period January 1, 2008 through December 31, 2008, according to the terms of the agreement, with an automatic renewal provision.

N. Authorizing Execution of Use Permit Agreement – North Central Little League

Mr. Reynolds and Mr. Mowrer sponsored Resolution 2008-101 that authorized the execution of a Use Permit Agreement between North Central Little League and the City for use of Heimpel Field for Little League Baseball for the time period January 1, 2008 through December 31, 2008, according to the terms of the agreement, with an automatic renewal provision.

O. Authorizing Execution of Use Permit Agreement – Northeast Little League

Mr. Reynolds and Mr. Mowrer sponsored Resolution 2008-102 that authorized the execution of a Use Permit Agreement between Northeast Little League and the City for use of Sell Field for Little League Baseball for the time period January 1, 2008 through December 31, 2008, according to the terms of the agreement, with an automatic renewal provision.

P. Authorizing Execution of Use Permit Agreement – Northwest Little League

Mr. Reynolds and Mr. Mowrer sponsored Resolution 2008-103 that authorized the execution of a Use Permit Agreement between Northwest Little League and the City for use of Buchanan Park for Little League Baseball for the time period January 1, 2008 through December 31, 2008, according to the terms of the agreement, with an automatic renewal provision.

Q. Authorizing Execution of Use Permit Agreement – Southside Little League

Mr. Reynolds and Mr. Mowrer sponsored Resolution 2008-104 that authorized the execution of a Use Permit Agreement between Southside Little League and the City for use of Saucon Park for Little League Baseball for the time period January 1, 2008 through December 31, 2008, according to the terms of the agreement, with an automatic renewal provision.

R. Authorizing Execution of Use Permit Agreement – Bethlehem Stars

Mr. Reynolds and Mr. Mowrer sponsored Resolution 2008-105 that authorized the execution of a Use Permit Agreement between the Bethlehem Stars and the City for use of Spring Street Field for Girls’ Softball for the time period January 1, 2008 through December 31, 2008, according to the terms of the agreement, with an automatic renewal provision.

S. Authorizing Execution of Use Permit Agreement – Bethlehem Raiders

Mr. Reynolds and Mrs. Belinski sponsored Resolution 2008-106 that authorized the execution of a Use Permit Agreement between the Bethlehem Raiders and the City for use of Sell Field for League Football for the time period January 1, 2008 through December 31, 2008, according to the terms of the agreement, with an automatic renewal provision.

T. Authorizing Execution of Use Permit Agreement – Bethlehem Saints

Mr. Reynolds and Mrs. Belinski sponsored Resolution 2008-107 that authorized the execution of a Use Permit Agreement between the Bethlehem Saints and the City for use of Saucon Park for League Football for the time period January 1, 2008 through December 31, 2008, according to the terms of the agreement, with an automatic renewal provision.

U. Authorizing Execution of Use Permit Agreement – Bethlehem Steelers

Mr. Reynolds and Mrs. Belinski sponsored Resolution 2008-108 that authorized the execution of a Use Permit Agreement between the Bethlehem Steelers and the City for use of Monocacy Park for League Football for the time period January 1, 2008 through December 31, 2008, according to the terms of the agreement, with an automatic renewal provision.

Motion – Changing Date for Financial Statements – Fails

Mr. Reynolds moved to change the date in the Financial Statement section of the Use Permit Agreements from March 31, as was approved in the Parks and Public Property Committee meeting that preceded the Council Meeting, to February 15 as the date by which the financial statements have to be submitted to the Parks and Public Property Department. There was no second to the motion. The motion failed.

Voting AYE on Resolutions 11 L through 11 U: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. The Resolutions passed.

Suspending Rules of Council – Adding Resolution 11 V

Mr. Mowrer and Mr. Schweder moved to suspend the Rules of Council to add Resolution 11 V to the Agenda. Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. The motion passed.

V. Preserve America Community Designation and Submission of Grant Funds

Mr. Mowrer and Mr. Reynolds sponsored Resolution 2008-109 that approved the application for the designation of the City of Bethlehem as a Preserve America Community and to apply for Preserve America funds to support the planning and interpretation of the Stockhouse at the prior Bethlehem Steel site and its physical surrounds as a first step to the preservation and reuse of the site as a heritage tourism site for future generations. The Stockhouse, in a former Bethlehem Steel Corporation bar storage tool shed, is planned as a Visitor’s Center at the BethWorks site where the casino is to be located in South Bethlehem.

Mr. Mowrer pointed out this is one of the things that Bethlehem traditionally has done very well; i.e., taking advantage of opportunities that come up for funding. Mr. Mowrer encouraged the Department of Community and Economic Development to continue to look for money since that is the way the project can be finished.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. The Resolution passed.

12. NEW BUSINESS

Committee Meeting Announcements

President Donchez announced a Committee of the Whole meeting on Tuesday, July 15, 2008 at 6:00 PM in Town Hall to receive an update on ArtsQuest and Musikfest.

Chairman Schweder announced a Community Development Committee meeting on Tuesday, July 1, 2008 at 6:00 PM in Town Hall, jointly with the Parks and Public Property Committee, on a gift of real estate from LVIP.

Tow Path

Mrs. Belinski read a letter from a citizen concerning the tow path in which it was explained that in summer 2007 the citizen and his friend were pummeled with rocks as they passed under the Fahy Bridge in their kayack. The citizen wrote the Mayor’s office about what happened and to express dismay over having to fear such an innocent activity. The citizen suggested that the City’s law enforcement officers crack down heavily on such individuals, and stressed the situation is unacceptable to law-abiding citizens in a healthy society.

South Side Film Festival

President Donchez noted that in his capacity working for State Representative Joseph Brennan he attended the opening of the South Side Film Festival earlier this evening. President Donchez, observing it is another example of the great assets of the City, pointed out that people from outside the City came for the festival and to shop and eat in the restaurants. Highlighting the fact that this is the 5th year anniversary of the Film Festival, President Donchez communicated it is remarkable that over 446 films have been shown.

13. COURTESY OF THE FLOOR

Sewer Issues - Freemansburg

Robert Pfenning, 2830 Linden Street, referring to the June 4 edition of the Bethlehem Press, noted the engineer for the Borough of Freemansburg gave a report in which it was noted that the Pennsylvania Department of Environmental Protection (DEP) was not completely happy with the City’s northeast trunk line that leads into the Borough and has caused occasional overflows. The City presented information to the DEP at the end of April. DEP did not feel maintenance is the issue but rather the inflow and infiltration (I&I). An I&I study that could take 2 to 4 years will have to be done to determine if and where there is damage to the trunk line. Mr. Pfenning wondered if Council had any updates or more information on the matter.

David Brong, Director of Water and Sewer Resources, said the problem is still at hand. Some overflows have been experienced. Mr. Brong noted one of the considerations is the process of storm water getting into the sanitary sewer system that causes a significant increase in flows during wet weather. The peak flows experienced at times cause overflows in the northeast trunk line, and the northeast trunk line itself is a symptom of a more system-wide problem. Mr. Brong continued on to explain an initial plan is to find the cross-connections, downspouts, and storm sewer connections to the City’s sanitary sewer system and cut them off. The second is to alleviate an increase in hydraulic grade line by changing some of the configurations of the headworks of the sewer treatment plant. Lastly, a plan is to potentially increase the maximum flow that the wastewater treatment facility can take on. While pointing out that is a considerable amount of investment that will have to be undertaken, Mr. Brong said over many years the solution lies within those activities.

President Donchez asked that the item be added to the Public Works Committee agenda for a more in-depth update.

Traffic Lights - Timing

Stephen Antalics, 737 Ridge Street, recalled he brought to the attention of Council in the past the issue of the timing of traffic lights in the City, and highlighted the fact that since that time the price of gasoline has increased from $2 to $4 per gallon. Mr. Antalics related his travel yesterday evening from Stefko Boulevard and eventually to Broad Street during which he encountered several red lights and caution lights. Mr. Antalics informed the assembly there was a study reported on national public radio in which it was stated that communities need to investigate traffic flow because stop and go driving causes an excessive use of gasoline. Mr. Antalics further pointed out that on some City streets there are stop signs every other block. Asserting that the City needs to seriously look at traffic flow, Mr. Antalics said what he experienced on Stefko Boulevard is unacceptable, and stressed it is now an economic issue. Mr. Antalics requested a response at the next City Council Meeting.

Various Issues

John Halleman, 637 Wyandotte Street, explaining there was a fishing contest last weekend at Illick’s Mill, notified the assembly that a tree fell down and almost killed several people. Mr. Halleman continued on to advise that in Illick’s Mill Park there are a lot of rebars sticking up from old railroad ties.

Mr. Halleman, pointing out that on East Third Street before Hayes Street there are three I-beams for people to rest on, said he would not want to see someone fall on the sharp corners of the I-beams and get hurt. Mr. Halleman further pointed out there are sculptural gears on Second Street, and someone could walk into the sharp metal gears and get hurt.

Mr. Halleman asked if Wyandotte Street could be washed every few weeks or once a month. Observing the Mayor did say it is a gateway to Bethlehem, Mr. Halleman communicated the City should make it look nice.

Informing the Members he was involved in Little League baseball for many years, Mr. Halleman advised no boy or girl can be denied playing Little League if they cannot come up with the registration fee, and stated there is no registration fee.

Dean Bruch, 555 Spring Street, observing that too much surplus can be good or not good, stated that debt is what should be paid for with a large portion of the casino host fee, and noted then there would not be the difficulties of responding to requests such as higher wages, etc. Recalling that years ago die tests were done of the storm drainage systems, Mr. Bruch said that should be addressed during construction of a house so there are not problems in the future. Focusing on the sale of the Maple Tract, Mr. Bruch communicated that control is lost if something is leased but said if something is sold then one loses almost total control. Urging caution in the matter, Mr. Bruch pointed out it is possible there might not be an abundance of water in the future, and stressed the City should make sure the water is the most perfect it can be. He commented that maybe some day the City can sell its water.

Drugs in the Community

Eddie Rodriquez, 1845 Linden Street, said he would like to see a list of the number of complaints from residents about drug activity, and noted he was told that he seems to be the only one complaining. Mr. Rodriquez explained he has been shown disrespect by some Police Officers. Informing the assembly about a situation that occurred at his house involving his son who is a crack addict and who now is in Lehigh County prison, Mr. Rodriquez stressed that is exactly the reason for what he does in the community. In addition, Mr. Rodriquez notified the assembly he has the experience as a recovered addict himself for the past 21 years, and added he does not want that to happen to anybody. Mr. Rodriquez asserted the City must do everything in its power so that the City does not become a negative environment. Mr. Rodriquez stated that Ordinances in the City are not being obeyed. Communicating he does not deserve to be disrespected, Mr. Rodriquez asked that the information he relays be taken to the appropriate Department and then move on. Mr. Rodriquez stressed that drugs are destroying the community.

Various Issues

Dana Grubb, 2420 Henderson Place, noting there is a marked difference in the downtowns with more Police patrols in the business districts, and there is not garbage overflowing from the containers, complimented the Administration.

Mr. Grubb, stating that Mr. Rodriquez is a very concerned and devoted resident, said it is disturbing when someone such as Mr. Rodriquez is not being treated with respect. Mr. Grubb expressed the hope that an outcome of the police community relations program is that people like Mr. Rodriquez and others will not be expressing their frustration at City Council Meetings.

Mr. Grubb said he would be curious what money was used to make the loan in connection with Starters Pub at the Golf Course Clubhouse Restaurant. Mr. Grubb also thought the City’s Ordinance needs to be reviewed in light of the sale of alcoholic beverages from a cart on the Golf Course. Mr. Grubb communicated that he has a problem with the City’s financing of a liquor license for the Golf Course Clubhouse Restaurant. Mr. Grubb remarked it is telling in view of the amount of assistance for that business owner versus the lack of assistance that the owner of Ginny’s Restaurant is receiving from the City.

Mr. Grubb wondered whether the City or the Parking Authority will own the Flatiron Garage.

Mr. Grubb expressed the hope that someone has reviewed the TIF documents to make sure the use of TIF money as a match for the Preserve America initiative is allowable.

Attempt to Blow Up Container – Center and Broad Streets

Carol Ann Krasley, Center Street, informed the assembly that last evening at about 11:00 p.m. someone tried to blow up a recently placed metal container for Planet Aid located at the side of the 7-11 store on Center Street and Broad Street. Mrs. Krasley explained one of her vehicles was in direct line with the container and the other vehicle was a few feet away parked in front of her home. Thanking the Fire Department for coming so quickly after her neighbor called, Mrs. Krasley notified the Members the neighbors were told that dynamite was used and exclaimed can anyone imagine the devastation that would have been caused in the area.

Mrs. Krasley advised this was the second City Council Meeting that she was unable to gain access through the western gate, and further advised she could not gain access to the building itself because the doors were locked.

Use Permit Agreements – Little League

Keith Ashner, 5492 Mountain Drive, Coopersburg, communicated that Council’s decision tonight to approve the Use Permit Agreements for the Youth Athletic Organizations will benefit over 3,000 boys and girls in the community. On behalf of the children, Mr. Ashner thanked the Mayor, Mrs. Belinski, Mr. Carp, and City Council for their continued support.

Use of City Vehicles; Tree Plantings

Chuck Nyul, 1966 Pinehurst Road, congratulated Mr. Rodriquez for coming before the assembly to state the facts surrounding his life.

Mr. Nyul, noting that for several years a City Traffic Bureau vehicle is parked on Pinehurst Road by the employee who lives there, advised recently there is another City Fire Department vehicle that is parked a few doors away on Pinehurst Road. Remarking now there are two City vehicles that are driven back and forth from work to home, Mr. Nyul stated it is a waste of gasoline and something should be done about it.

Mr. Nyul explained that trees planted on Pinehurst Road 45 years ago are now almost 50 feet tall, and the sidewalks are buckled. Mr. Nyul, highlighting the fact that the homeowners have to pay to fix the sidewalks, questioned who will have to pay to fix the sidewalks 50 years from now in the Elm Street program neighborhood when the trees that are now being planted under the project grow very large. Mr. Nyul asked that the tree planting program between the street and the sidewalk under the Elm Street project be stopped because homeowners in the future will be the ones who have to pay to fix the sidewalks, not the City. Further, Mr. Nyul pointed out that on Linden Street there are beautiful sycamore trees that have big holes cut out of them by PPL, Peco, and Verizon.

Sixteenth Avenue and Stratford Park

Bill Scheirer, 1890 Eaton Avenue, referring to two parcels of land sold by the City in the vicinity of Union Boulevard and Sixteenth Avenue at Rose Avenue and Genoa Street alley in the area of Stratford Park that he noted at the last City Council Meeting, said the City did not get anything. Mr. Scheirer thought that a 40 ft. wide strip of land still resides with the City. Mr. Scheirer continued on to explain there are three parcels of land going north from the strip along Genoa Street. One parcel runs along Sixteenth Avenue north almost to Route 378; another parcel on the west side runs along Stratford Street and dead ends at Route 378; and, a parcel in the middle does not quite touch the Genoa Street strip but fans out to Route 378 and is in the shape of a triangle. Mr. Scheirer continued on to say the parcel on Sixteenth Avenue was sold by Blue Ridge Real Estate Company to Jama Barker for $50,000 and the middle parcel was sold by Blue Ridge Real Estate Company to Jama Barker for $1. Ms. Barker has applied to the Zoning Hearing Board for permission to build 4 twins with 8 houses along Sixteenth Avenue, and the middle parcel would be used for back yards. Mr. Scheirer stated the two parcels were deeded to the City by Blue Ridge Real Estate Company in the 1920’s for park and playground purposes. The western most parcel was deeded by two couples to the City for park and playground purposes. Noting he has some of the deeds, Mr. Scheirer felt someone convinced a court that the City had not built a playground and so the land reverted back to Blue Ridge that sold it to Ms. Barker. Mr. Scheirer said it is thought a woman who may be an heir of one of the couples has asked the City what it intends to do and he fears the same thing is happening to the parcel along Stratford Street. Mr. Scheirer invited Mr. Carp, Attorney Spirk or Attorney Kelly to correct anything he has said or to add anything to it.

John F. Spirk, Jr., Esq., City Solicitor, said Mr. Scheirer’s surmise is inaccurate, and stated no court has been convinced that the property has reverted back to the heirs of the original grantors. Attorney Spirk noted there is litigation underway but has not gone to trial yet. Attorney Spirk advised the City’s position is that the properties have not reverted, and that what was meant by park and playground in the 1920’s is very different from the teeter-totter type of playground one thinks of today. Continuing on to express the City’s thought that park and playground references open space and natural conditions, Attorney Spirk stated it is thought that property is still in that condition and has not reverted, and the City will defend that position in court if necessary.

Elm Street Program – Trees; Traffic Flow

Patrick Herrity, 732 Hawthorne Road, as a member of the Elm Street committee now known as North by Northwest, advised the type of trees that are to be planted between the sidewalk and the street are trees that will not lift up the sidewalks.

Turning to traffic calming, Mr. Herrity exemplified if a motorist wants to travel smoothly between three lights they should obey the speed limit, look ahead and slow down if the light is red.

Sixteenth Avenue and Stratford Park

Louise Valeriano, 3114 East Boulevard, referring to the property on Sixteenth Avenue, said there is a deed dated January 30 between Blue Ridge Real Estate Company and Jama Barker wherein she paid $50,000. Ms. Valeriano continued on to read the grantors hereby grant and convey to said grantee, her heirs and assigns all of that certain parcel of land on Sixteenth Avenue, etc. Ms. Valeriano said there is also a deed for the other property.

The meeting was adjourned at 8:45 p.m.