Council MInutes

January 6, 2009

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, January 6, 2009 – 7:00 PM

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

President Donchez called the meeting to order. Pastor Carmen Bolock, of Our Lord’s Ascension Polish National Catholic Church, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Joseph F. Leeson, Jr., J. William Reynolds, J. Michael Schweder, and Robert J. Donchez, 5. Karen Dolan and Gordon B. Mowrer were absent, 2.

4. APPROVAL OF MINUTES

The Minutes of December 16, 2008 were approved.

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

None.

6. OLD BUSINESS.

A. Tabled Items

None.

B. Unfinished Business

1. Establishing Article 314 – Security Cameras
2. Political Contributions and Expenditures – Proposed Ordinance
3. Gift of Real Estate – LVIP
4. Recreation Fees – Proposed Increases
5. Bill No. 28 - 2008 – Amending Zoning Ordinance – Various Sections
6. Establishing Article 1716 – Landmarks and Properties of Historical Interest
7. Golf Course Restaurant – Hours of Operation

C. Old Business – Members of Council

None.

7. COMMUNICATIONS

None.

8. REPORTS

A. President of Council

Motion – Considering Resolutions as a Group

Mrs. Belinski and Mr. Schweder moved to consider Resolutions 8 A 1 through 8 A 7 as a group. Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 5. The motion passed.

1. Councilmanic Appointment – Anne P. Felker – Environmental Advisory Council

President Donchez reappointed Anne P. Felker to membership on the Environmental Advisory Council, effective until January 2012. Mr. Reynolds and Mrs. Belinski sponsored Resolution 2009-1 to confirm the appointment.

2. Councilmanic Appointment – Dr. Arthur Kney – Environmental Advisory Council

President Donchez reappointed Dr. Arthur Kney to membership on the Environmental Advisory Council, effective until January 2012. Mr. Reynolds and Mrs. Belinski sponsored Resolution 2009-2 to confirm the appointment.

3. Councilmanic Appointment – Jean Belinski – Library Board

President Donchez reappointed Jean Belinski to membership on the Library Board, effective until January 2012. Mr. Reynolds and Mrs. Belinski sponsored Resolution 2009-3 to confirm the appointment.

4. Councilmanic Appointment – April Herrity – Library Board

President Donchez reappointed April Herrity to membership on the Library Board, effective until January 2012. Mr. Reynolds and Mrs. Belinski sponsored Resolution 2009-4 to confirm the appointment.

5. Councilmanic Appointment – Emil Signes – Library Board

President Donchez reappointed Emil Signes to membership on the Library Board, effective until January 2012. Mr. Reynolds and Mrs. Belinski sponsored Resolution 2009-5 to confirm the appointment.

6. Councilmanic Appointment – Dana B. Grubb – Recreation Commission

President Donchez appointed Dana B. Grubb to membership on the Recreation Commission, effective until December 2013. Mr. Reynolds and Mrs. Belinski sponsored Resolution 2009-6 to confirm the appointment.

7. Councilmanic Appointment – Terry Novatnack – Recreation Commission

President Donchez appointed Terry Novatnack to membership on the Recreation Commission, effective until December 2013. Mr. Reynolds and Mrs. Belinski sponsored Resolution 2009-7 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 5. The Resolutions passed.

Annual Report – President of Council

President Donchez presented highlights from his 2008 Annual Report that read as follows:

City Council began the year 2008 with the swearing in of 3 Members of Council. Re-elected for a 4 year term were Robert J. Donchez and Gordon B. Mowrer, along with a new Member, J. William Reynolds. Kaija Farber, City Treasurer, and Meg Holland, City Controller, were also sworn in at City Council’s reorganizational meeting.

In 2008, City Council conducted 36 Committee meetings including 5 Committee of the Whole meetings, adopted 43 Ordinances, and passed 218 Resolutions.

Among the initial Ordinances approved last year was funding of the Greenway project on the South Side, and a Resolution authorizing the execution of the Contract of Purchase and Sale with Norfolk Southern Railway Company for the Greenway. Council approved a Resolution for Application to the Pennsylvania Department of Conservation and Natural Resources (DCNR) for a Greenway and Skate Park Implementation Phase II Grant.

Other Community and Economic Development related projects approved by Resolution in 2008 were an Agreement with the Commonwealth of Pennsylvania for Residential Reinvestment Grant Funds to obtain funding from the Pennsylvania Department of Community and Economic Development in the amount of $250,000 for the purpose of pursuing the Elm Street Plan. Also adopted was a Resolution approving Enterprise Zone Reauthorization and a proposal for funding from the Pennsylvania Department of Community and Economic Development in the amount of $50,000 annually in Pennsylvania Urban Enterprise Zone Funds and Access to the Enterprise Zone Resources for the statutory length of the Enterprise Zone Program.

A Resolution was adopted in support of the City’s application for designation as a Preserve America community to improve the City's ability to protect and promote its historical resources. The goals of the Program, that is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce, include a greater shared knowledge of the Nation's past, preserving the country's irreplaceable cultural and natural heritage assets, and economic vitality of communities. Bethlehem recognized the importance of these initiatives, having created the State's first local ordinance historic district in 1961.

A proposal for Habitat for Humanity to obtain $450,000 from the Pennsylvania Department of Community and Economic Development (DCED) for a proposed project at Aaron and James Streets to build new affordable housing units was adopted by Resolution.

In conjunction with approval of the Resolution to adopt the annual Action Plan for the upcoming year CDBG program, Council adopted a Resolution that amended the rules for allocation of CDBG funds to private non-profit organizations to delineate how allocations are to be used including, among other provisions specified in the Resolution, supplementing costs associated with expansion, building or other capital efforts or to purchase equipment necessary for delivering programs that primarily benefit (51% or higher) low and moderate income clientele; funds will not be allocated for program operating costs. For costs associated with expansion, building or other capital efforts funds are allocated only for projects undertaken within the corporate boundaries of the City of Bethlehem. For the purchase of equipment necessary for delivering programs that primarily benefit (51% or higher) low and moderate income clientele funds will be allocated only where at least 90% of the clientele served are residents of the City of Bethlehem. The purchase of services that directly supplement ongoing CDBG funded City of Bethlehem initiatives in the areas of affordable housing and economic development and recreation programs working in conjunction with the Bethlehem Housing Authority shall be exempt from the conditions of the Resolution.

The approval in 2008 by City Council of the Use Permit Agreements for Musikfest for the next three years marked the 25th year anniversary of the festival in the City.

Among the numerous Certificates of Appropriateness approved by City Council was a Resolution for the Streetscape Master Plan for the key block defined by West Market Street, North New Street, West Church Street, and Heckewelder Place, and for the entire Central Bethlehem Historic District. A Certificate of Appropriateness was also adopted for a new Moravian College Dormitory at the Hurd Campus.

City Council adopted Ordinances continuing the LERTA Program through December 2010, and amended the Recycling Ordinance. The changes approved in the Recycling Program included the curbside collection of cardboard, magazines, catalogs, newspapers, and telephone books. Yard Waste will be collected twice a year.

As the development of the Lehigh Valley Industrial Park (LVIP) 7 at the former Bethlehem Steel Corporation property continues to advance, Council approved the rezoning of portions of LVIP 7 from HI Heavy Industrial to IR Industrial Redevelopment.

In the area of Parks and Public Property, a Resolution was adopted that authorized the execution of a Lease Agreement between a new restaurant owner, Starters Riverport, and the City of Bethlehem for use of the Golf Course Clubhouse for operation of a restaurant with a liquor license for the time period April 1, 2008 to December 31, 2009.

Council authorized the execution of Amendment No. 1 to the Use Permit Agreement between the City and Northeast Little League for placement of permanent field lights. The Environmental Advisory Council studied and recommended the type of lights to be installed at the Northeast Little League field so that they would be environmentally safe.

Actions related to Water and Sewer Resources taken last year included approving and authorizing the sale of approximately 522 acres of land, known as the Maple Tract, located in Tunkhannock and Tobyhanna Townships, Monroe County, by the Bethlehem Authority to the Wildlands Conservancy, Inc., of Emmaus, Pennsylvania with the condition that the Bethlehem Authority and Wildlands Conservancy enter into and record a conservation easement restricting the development of the Maple Tract.

An Ordinance for a Water Rate Increase of 3.5% was approved by Council last July.

In continuing the approval of Resolutions authorizing the destruction of City records under the State’s Municipal Records Act, Council received confirmation from the Administration that the various records to be destroyed are examined to ensure they are backed up in the computer system, and relevant information will remain intact and will not be destroyed.

A Special Council Committee was formed in 2008 to review the Rules of Council. The Committee recommended, and Council approved, a Resolution last April that amended the Rules of Council to change the time of City Council Meetings from 7:30 P.M to 7:00 P.M. Under Old Business, Tabled Items and Unfinished Business were added as Agenda items. Written Resolutions or Bills are to be delivered to the City Clerk’s Office by Noon of the Thursday preceding the Council meeting instead of Friday. Speakers under Courtesy of the Floor can address the President of Council or the Council as a Whole. Ordinances will be numbered serially by year, a catalog will be prepared with the list of Ordinances passed each year, along with the title; and Resolutions will follow the same format and procedure. Rule 6 E was amended to add the reference to The Ethics Act, Act 93 of 1998, for definition of a conflict of interest; Rule 7 was amended to add the reference to Rule 6 E - The Ethics Act, regarding disclosing a conflict of interest; and, new Rule 13 was added to read that City Council Members, while carrying out the duties for which they were elected, shall follow all directives of the Code of Ethics Resolution, No. 11,471. The Council Committees duties were updated, and an amendment was made to state that the President of Council shall serve as an ex-officio, non-voting member of all committees, except in the case of a tie. For the first time, a Vice President of Council was added, and the terms of office of the President of Council and the Vice President were set at no more than two consecutive terms. Joseph Leeson was elected by Council as its first Vice President at the April 15, 2008 City Council Meeting.

Council approved an Ordinance amending the Non-Utility Capital Budget for funding for the Five Points Traffic Enhancement Plan and One-Way Pairs last Spring. A Resolution was adopted that directed a portion of the funding for the One Way Pairing-Five Points project, prior to beginning engineering and design of the One Way Pairing concept, be used first for a traffic study of counterflow lanes through the intersections in the Five Points area so that the results can be compared with the One Way Pairs proposal to address traffic flow; and, that removal of the northbound left-hand turn lane at McDonald’s restaurant should be further studied for implementation. In a related matter, Council additionally adopted a Resolution approving that the appropriate documentation be submitted to PennDOT for the removal of the left turn lane on Route 378 North at the Five Points intersection and McDonald's, and that the parking on the east side of Route 378 between the intersection of Five Points and Fourth Street be restored. However, a memorandum was received subsequently in which it was advised that the Administration decided not to eliminate the left turn at that time and wait until implementation of the Gateway/One-Way Pairing traffic program.

In view of the anticipated completion of the Sands Casino project on the South Side at the site of the former Bethlehem Steel Corporation and the Host Fee, Council adopted an Ordinance Amending Article 121, to add a provision for a Gaming Local Share Account requiring that any and all monies received by the City under and pursuant to the Pennsylvania Race Horse Development and Gaming Act (Act 2004-71) as amended, shall be deposited in a separate account entitled the "Gaming Local Share Account". No transfers of unappropriated funds shall be made from the Gaming Local Share Account without prior notice to and approval of City Council.

The sharp downturn in national economic conditions that was experienced particularly during the last quarter of 2008 was reflected in the cautious approach taken in finalizing the 2009 Budget. Council approved an Ordinance amending the 2008 General Obligation Note following the Administration’s proposal to reduce the originally proposed General Obligation Note of 2008 by $300,000 by elimination of the Miniature Golf Course project, and authorized the issuance of the 2008 General Obligation Note in the amount of $7,463,000 for the 2009 Non-Utility Capital Projects. Among the approved Non-Utility Projects for 2009 were replacement plans for the Ambulance, Fire Apparatus and Police Vehicles, a Wireless Mesh Data and Video Network for the Police Department, improvements to the Bethlehem Golf Club, and a Facility Capital Improvement Plan. The Human Resources and Environment Committee approved the Administration’s revised 2009 Personnel Requests, and recommended adding three Police Officers and one Automotive Mechanic versus the Administration’s original proposal that included several new positions and upgrades. In adopting the 2009 General Fund Budget on Final Reading, Council approved the Administration’s recommended $930,000 of reductions. As President of Council, I agreed that 2009 will probably be a very difficult year and there may not be a turnaround until 2010. The cuts were a responsible thing to do and it was difficult for the Department Heads. The City’s pension funds are also a concern in view of the decline in investments as has been seen in other States. Revenues will have to be monitored extremely closely, month by month and quarterly, and Council needs to be provided with the expenses.

B. Mayor

Motion – Considering Resolutions as a Group

Mr. Reynolds and Mr. Leeson moved to consider Resolutions 8 B 1 through 8 B 10 as a group. Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 5. The motion passed.

1. Administrative Order – J. Ralph Lindgren – Sister City Commission

Mayor Callahan reappointed J. Ralph Lindgren to membership on the Sister City Commission effective until October 2011. Mr. Reynolds and Mr. Schweder sponsored Resolution 2009-8 to confirm the appointment.

2. Administrative Order – Dennis R. Connell – Codes Board of Appeals

Mayor Callahan reappointed Dennis R. Connell to membership on the Codes Board of Appeals effective until December 2011. Mr. Reynolds and Mr. Schweder sponsored Resolution 2009-9 to confirm the appointment.

3. Administrative Order – Flexer A. Illick – Codes Board of Appeals

Mayor Callahan reappointed Flexer A. Illick to membership on the Codes Board of Appeals effective until December 2011. Mr. Reynolds and Mr. Schweder sponsored Resolution 2009-10 to confirm the appointment.

4. Administrative Order – Bryan L. Ritter – Codes Board of Appeals

Mayor Callahan reappointed Bryan L. Ritter to membership on the Codes Board of Appeals effective until December 2011. Mr. Reynolds and Mr. Schweder sponsored Resolution 2009-11 to confirm the appointment.

5. Administrative Order – Sandra B. Gillen – Fine Arts Commission

Mayor Callahan reappointed Sandra B. Gillen to membership on the Fine Arts Commission effective until December 2011. Mr. Reynolds and Mr. Schweder sponsored Resolution 2009-12 to confirm the appointment.

6. Administrative Order – Ellen Foscue Johnson – Fine Arts Commission

Mayor Callahan reappointed Ellen Foscue Johnson to membership on the Fine Arts Commission effective until December 2011. Mr. Reynolds and Mr. Schweder sponsored Resolution 2009-13 to confirm the appointment.

7. Administrative Order – Patricia A. Kandianis – Fine Arts Commission

Mayor Callahan reappointed Patricia A. Kandianis to membership on the Fine Arts Commission effective until December 2011. Mr. Reynolds and Mr. Schweder sponsored Resolution 2009-14 to confirm the appointment.

8. Administrative Order – Linda Brown – Sister City Commission

Mayor Callahan reappointed Linda Brown to membership on the Sister City Commission effective until December 2011. Mr. Reynolds and Mr. Schweder sponsored Resolution 2009-15 to confirm the appointment.

9. Administrative Order – Jane C. Schaffer – Sister City Commission

Mayor Callahan reappointed Jane C. Schaffer to membership on the Sister City Commission effective until December 2011. Mr. Reynolds and Mr. Schweder sponsored Resolution 2009-16 to confirm the appointment.

10. Administrative Order – Deirdre Sumpter – Sister City Commission

Mayor Callahan reappointed Deirdre Sumpter to membership on the Sister City Commission effective until December 2011. Mr. Reynolds and Mr. Schweder sponsored Resolution 2009-17 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 5. The Resolutions passed.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 45 – 2008 – Amending Article 923 – Disposal and Discharge of Industrial Waste Regulations

The Clerk read Bill No. 45 – 2008 - Amending Article 923 – Disposal and Discharge of Industrial Waste Regulations, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 5. Bill No. 45 - 2008, hereafter to be known as Ordinance 2009-1, was declared adopted.

B. Bill No. 46 – 2008 – Amending Zoning Ordinance – Article 1324 - Fees for Appeal and Article 1325 – Notice of Hearings

The Clerk read Bill No. 46 – 2008 – Amending Zoning Ordinance – Article 1324 - Fees for Appeal and Article 1325 – Notice of Hearings, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 5. Bill No. 46 - 2008, hereafter to be known as Ordinance 2009-2, was declared adopted.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Adopting Fees – Zoning Hearing Board Appeals

Mr. Reynolds and Mr. Schweder sponsored Resolution 2009-18 that adopted the fee structure related to Zoning Ordinance Article 1324, Section 1324.03, Fees, for appeals heard before the Zoning Hearing Board, as follows: (1) Appeals for dimensional variances for existing single family residences occupied by the owner - $125.00, and (2) All other appeals - $400.00.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 5. The Resolution passed.

B. Certificate of Appropriateness – 209-211 Columbia Street

Mr. Reynolds and Mr. Leeson sponsored Resolution 2009-19 that granted a Certificate of Appropriateness to change the roof shingles at 209-211 Columbia Street.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 5. The Resolution passed.

C. Certificate of Appropriateness – 15-19 West Fourth Street

Mr. Reynolds and Mr. Leeson sponsored Resolution 2009-20 that granted a Certificate of Appropriateness to build a new restaurant and upscale lounge next to and incorporated with the adjacent A.W. Leh church at 15-19 West Fourth Street.

Voting AYE: Mrs. Belinski, Mr. Leeson, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 5. The Resolution passed.

12. NEW BUSINESS

Executive Session

President Donchez announced an Executive Session on Tuesday, February 3, 2009 at 5:45 PM in the Mayor’s Conference Room for an update on litigation.

Committee Announcements

Chairwoman Belinski announced a Parks and Public Property Committee meeting on Tuesday, January 13, 2009 at 7:00 PM in Town Hall on the Golf Course Restaurant – Hours of Operation.

Recycling Containers

Mrs. Belinski advised she received a telephone call from a resident of East Fourth Street about the new blue recycling containers for newspapers, cardboard, and so on, blowing on the streets during high winds and advising that cars had to drive around them. The resident asked who should be contacted about the situation.

Mayor Callahan informed Mrs. Belinski that either the Public Works Department so that the Streets Bureau could address the situation or the Recycling Bureau could be contacted.

Third Street - Detour of Truck Traffic

Mrs. Belinski, referring to the fact that part of Third Street is blocked off because of the necessary detour for scheduled street work, noted there is a detour for trucks and traffic to go on Fourth Street to Fillmore Street. It has been observed that trucks that are 53 feet long are having a very difficult time making the turn and a big mark appeared on the post near the coffee shop and the shop’s sign was demolished. The owners are worried that a truck might run into the corner of their store. Since Fillmore is a narrow Street, Mrs. Belinski wondered whether the trucks could be detoured to go up Brodhead.

Michael Alkhal, Director of Public Works, explained that for the eastbound direction trucks have always been encouraged not to use Fillmore Street but rather to use Brodhead. In the westbound direction the contractor did not initially provide a truck detour, but as of Monday a sign was installed directing trucks not to use Fillmore but to continue to use Brodhead.

Lost or Stolen Guns

Mr. Schweder asked when the lost gun ordinance proposal would be sent to City Council.

Mayor Callahan replied that he is not going to send it to Council in light of a State Supreme Court ruling that indicated that a local ordinance involving lost or stolen guns would be preempted by the State.

Mr. Schweder inquired the date of the Supreme Court ruling. Mayor Callahan indicated he would obtain the date.

13. COURTESY OF THE FLOOR

Golf Course Restaurant; Conflict of Interest

Terry Meixell, 56 East Goepp Street, noted that the Lease Agreement for Starters Golf Course Restaurant states the hours of operation during the non-golf season is by mutual agreement, and wondered whether there is a mutual agreement for the restaurant to be open now. Mr. Meixell thought Council should take some initiative to see that the lease is null and void because it is being broken. Mr. Meixell remarked that taxpayers are paying the heating bill for a private business since the restaurant is open when golfers are not golfing. Mr. Meixell assumed that the City is plowing the area and questioned who is paying for the electric bill. Mr. Meixell remarked he does not know of a business that would not want to rent the space in view of the $1,000 monthly rental, in addition to having the heat paid for.

Mr. Meixell, saying he has a problem with a conflict of interest, expressed his opinion that campaign contributions seem to dictate how Council votes, and he thought there should be times when the majority of Council should not vote on numerous issues.

Taxes, Property Values, and Budget

Chuck Nyul, 1966 Pinehurst Road, noting there was no tax increase for 2009, listed the assessed values for his house in the City tax bills for 2003 and 2008 that have remained the same. Mr. Nyul highlighted the fact that the value of his home has decreased, but nothing has been deducted from his assessment. Mr. Nyul thought that property owners should be given a break since home values have devaluated as is the case throughout the country. Mr. Nyul recited a comment that appeared in the newspaper on December 17, 2008 made in conjunction with passage of the 2009 Budget in which it was stated that we will see what happens. Mr. Nyul wondered whether the statement reflects the way all the Members of Council think. Mr. Nyul asserted the City is in bad shape and the casino will not take the City out of it.

Golf Course Restaurant

Robert Pfenning, 2830 Linden Street, stated that about one and a half hours after sunset the Golf Course Restaurant ceases to be an amenity since no one plays golf after dark, and it becomes a commercial establishment competing with nearby businesses such as at the Westgate Mall, and other places. Mr. Pfenning questioned why the Municipal Golf Course Clubhouse should be used as a commercial property that does not seem to be generating appropriate revenue. Mr. Pfenning felt that the restaurant as an amenity should not be subsidizing non-golfers and others. Mr. Pfenning observed that the operator of the restaurant at the Allentown Golf Course signed a lease for $35,000 annual rent in contrast to the $12,000 annual rent for Bethlehem’s golf course restaurant. Mr. Pfenning remarked there might be more money in the General Fund if the lights at the Clubhouse and surrounding area did not have to be turned on. Mr. Pfenning wondered why the area has to be plowed in the winter when golfers do not play. In addition, Mr. Pfenning pointed out that the Golf Course restaurant operator gets a free liquor license from the City. Mr. Pfenning thought that the restaurant model is based on something other than being an amenity at the Golf Course. If the contract can be opened for the operator’s benefit to extend the hours, Mr. Pfenning questioned why the City cannot open it up. Mr. Pfenning said that, when Council discusses the matter, he is hoping those who support it will explain to him why they are in favor of giving the operator what appears to be preferential treatment.

Various Issues

Eddie Rodriquez, 1845 Linden Street, commenting that the Illick’s Mill project had a completion due date of December 31, 2008, said City employees put much work into the project to the neglect of some other projects such as the Monocacy Creek area where railroad ties are missing, there is erosion, tall trees, potholes in the roadway, and a deteriorating retaining wall. Mr. Rodriquez asserted it is a dangerous situation that needs to be corrected. Mr. Rodriquez questioned who directed City employees to work on the project and how much the Illick’s Mill Partnership owes the City. Mr. Rodriquez expressed his opinion that pay for play contributions towards campaign funds in favor of gaining votes or influence in amounts ranging from $500 to $5,000 should bother the conscience of those accepting contributions. Mr. Rodriquez said a City employee of the Community and Economic Development Department was in a City vehicle today at 3:00 p.m. watching ducks at Monocacy Creek. Mr. Rodriquez thought that off the Fahy Bridge southbound the sign should state it is closed ahead to traffic.

Peter Crownfield, 569 Brighton Street, thought that the new Recycling Ordinance is far from complete and has numerous problems, and hoped it will be reviewed in Committee soon. Mr. Crownfield recalled that several months ago an anti-idling ordinance was discussed and wondered what is the status. Mr. Crownfield noted there are some sidewalks that have been dug up for certain reasons but still have not been repaired two years later, and there are a lot of decrepit sidewalks in the City that are unsafe. He continued on to say the major current pedestrian issue is the detour at Fourth and Fillmore Streets. The truck detour signs for westbound trucks is west of the intersection so many trucks still continue to turn on Fillmore Street. Mr. Crownfield, advising he is there a few days a week, said he has seen trucks within 8 to 12 inches of a building and up on the curb, and the cab is on the curb on the west side of Fillmore Street. Mr. Crownfield stressed that trucks should be told to go up Fourth Street, and it should be clearly marked. Mr. Crownfield pointed out he has seen pedestrians try to get out of the way of the trucks. Patrons of the Caffeine Café got up and left because it looked like a truck was going to hit the building. In addition, there is a lot of disruption of business because parking meters are closed. Mr. Crownfield thought the efforts made by the City have been insufficient. Mr. Crownfield explained that when walking across the Hill to Hill Bridge while work is being done underneath the bridge he has experienced paint fumes so strong that he has to hold his breath. He acknowledged that attempts were made to seal it off so the fumes do not come up but this has not succeeded. Pointing out the City has taken a strong position on community policing, Mr. Crownfield remarked that for a Police Department project to have gotten this far without a public participation process means the ball has been dropped on community policing. Mr. Crownfield asserted that decision should never have been made without a prior problem solving process.

Casino Host Fee; Golf Course Restaurant

Bill Scheirer, 1890 Eaton Avenue, said it is not too soon to think about what can be done with whatever casino host fee money may be left over after hiring the necessary Police and EMS personnel, and one possibility might be to turn Broughal Middle School into a community center. He said another possible use might be public financing of campaigns. Mr. Scheirer stated if the Golf Course Restaurant were allowed to stay open until midnight it will compete more directly with other restaurants that pay real estate taxes, and will take business away from other restaurants since it will be able to afford lower prices because of its relationships with the City. He continued on to say other restaurants may close, reducing real estate assessed values and taxes, or reducing employment. He added it is doubtful that the rent paid by the Golf Course Restaurant includes a payment in lieu of real estate taxes. In addition, Mr. Scheirer noted the Golf Course Restaurant received a $100,000 loan from the City. Mr. Scheirer said the slow but steady acquisition of land by non-profits is a burden on the City’s finances, and the City should not make the situation worse by oversubsidizing for-profit businesses and further draining the City coffers. Mr. Scheirer said fiscal responsibility demands not only that the Golf Course restaurant not be subsidized to the extent it has unfair advantages over other restaurants but also that the rent represents the maximum rent that can be obtained by the City.

Various Issues

Dana Grubb, 2420 Henderson Place, affirmed that this evening he gave to the Members of Council and the Mayor a photograph taken by a photographer who asked him to bring the photographs to the attention of City officials at the Council Meeting showing the pile-up of litter in the downtown on Saturday, December 13, 2008. Mr. Grubb said particularly during the Christmas season and throughout the year the City needs to do a better job. Mr. Grubb recalled that someone was to be dedicated to the North and South Sides downtown business districts to maintain them. Mr. Grubb thought the photograph shows deplorable comment on the type of service the City is providing to the business districts.

Mr. Grubb, referring to the condition of the streets after the December 19, 2008 storm, said he fell on the street in northeast Bethlehem. Mr. Grubb related that friends from out of town called the condition of the side streets a disgrace. Mr. Grubb remarked that a better job needs to be done, and wondered why cinders could not be put at intersections that were very icy and unsafe. Mr. Grubb thought that better ways to service the business districts and maintain the streets could be a matter for the City’s Continuous Improvement program.

Mr. Grubb noted that current and former City employees expressed their concerns about a City employee who brings their spouse to City Hall. They feel the individual should obtain personalized private care or that a family and medical leave of absence should be taken. They feel it is a distraction to the employees, there may be liability issues, it is inappropriate for City staff to be involved, and it is a diversion of limited City resources. Mr. Grubb thought this kind of conduct would not be allowed if the provisions of the Code of Ethics resolution were followed, and questioned why the situation is permitted.

Taxation of Churches

Stephen Antalics, 737 Ridge Street, wondered whether churches no longer used for religious purposes can be taxed. Mr. Antalics observed if a church is closed and ceases to be a church then it becomes a real estate entity owned by the Diocese of Allentown, and asked if a tax exemption covers that area of property not used for religious purposes. Mr. Antalics noted thousands of dollars would be gained by the City, County, and School District by assessing these properties and putting them on the tax roles. He thought properties not used for religious purposes owned by a tax exempt entity should be subject to taxes.

Mr. Reynolds, advising he had looked into the matter, explained he was told that even if the churches are no longer a place of worship as long as they are still owned by the Diocese then they are exempt.

Mr. Antalics inquired whether someone from the City or the County should look into this issue. He observed it could be a critical issue in view of the dire financial conditions, and the City could be losing money that it cannot afford to lose. Mr. Antalics urged the City to look into the matter and said he expects an answer by the next City Council Meeting.

Casino Host Fees; City of Bethlehem Signs

John Ladics, Kaywin Avenue, recalled that many were against the casino project but these same boroughs or townships now want a piece of the casino host fee revenues. Mr. Ladics thought that the City should advertise more, and explained that the driver of the bus on which he and his family traveled back from New York City thought the bus station was in Hellertown instead of Bethlehem. Mr. Ladics pointed out that the City of Bethlehem sign at Saucon Park is about three-quarters of a mile from the Hellertown-Bethlehem border. Mr. Ladics further highlighted the fact that on Schoenersville Road, Route 191, and Route 512 there are no City of Bethlehem signs. Mr. Ladics asked if City officials could consider putting up more signs so that when people come here they know they are in the City of Bethlehem.

City Employee - Spouse

Mr. Leeson, referring to the allegations made by Mr. Grubb about the spouse of a department director, queried if there is anything to the matter. Mayor Callahan stated he has no comment.

Surveillance Cameras

Brandon Kerrigan, 12 West Fourth Street, asked what would be the setup for the surveillance cameras. President Donchez suggested that Mr. Kerrigan could meet with the Police Commissioner after the meeting. Mr. Kerrigan said he does not think the City would want to look like a police state with ominous blue blinking cameras above the streets. Mr. Kerrigan, commenting it does not look inviting, stated it does not give the feeling of a safe place, and does not seem to be the type of place that Bethlehem is trying to personify.

The meeting was adjourned at 8:00 p.m.