Council MInutes
January 20, 2009
BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, January 20, 2009 – 7:00 PM
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
President Donchez called the meeting to order. Father Andrew
Gehringer, Holy Infancy Church, offered the invocation which
was followed by the pledge to the flag. Present were Jean
Belinski, Karen Dolan, Joseph F. Leeson, Jr., Gordon B. Mowrer,
J. William Reynolds, and Robert J. Donchez, 6. J. Michael
Schweder was absent, 1.
4. APPROVAL OF MINUTES
The Minutes of January 6, 2009 were approved.
5. COURTESY OF THE FLOOR (for public comment on ordinances
and resolutions to be voted on by Council this evening)
Golf Course Clubhouse Restaurant
Terry Meixell, 56 East Goepp Street, stated that he attended
the Parks and Public Property Committee Meeting on January
13, 2009 and wanted to make a prediction on the vote concerning
the Golf Course Clubhouse Restaurant. He said he wishes the
rent would increase per month to $3,000 and said he believes
a member of Council will try to amend it only for the extended
hours. He said there are four members and if it is not a conflict
of interest, it might be a bribe.
President Donchez said he would like to comment and would
rule himself out of order according to Robert’s Rules
of Order. He said he thought that bribe was a very strong
word and as President of Council he does not believe that
anyone on Council has any lack of integrity at all and takes
offense to Mr. Meixell’s comment of the bribe word.
He continued on to say that Council may disagree but is not
a rubber stamp, and if they were, all the votes would be 7-0.
President Donchez said this Council has disagreements but
hopefully they are left at the table. He said this is a Council
of integrity and firmly believes that. President Donchez said
he thinks that was a strong word and does not appreciate it.
Chuck Nyul, 1966 Pinehurst Road, stated that he also attended
the January 13 Parks and Public Property Committee Meeting
and said he would like to go over a few of the items he spoke
about at that time. Mr. Nyul said the question he asked at
the Committee Meeting was if anybody did a survey of the golfers
and how they reacted to Starters at the clubhouse and said
he got nothing in the affirmative. He said he did his own
survey of the 36 golfers in his league who have been together
for more than 25 years. He asked the question “Did you
visit Starters after golf or any other time last year?”.
Mr. Nyul said 4 of the players stopped after golf for food
and beverage, 9 went for a beverage but did not go into the
Clubhouse, 4 visited Starters on other occasions, and 5 emphatically
said they would not patronize Starters. Mr. Nyul commented
that no Members of Council nor Mr. Carp made a survey, and
he thinks that is Council’s homework.
John Ladics, Kaywin Avenue, reported that he made his own
survey with family members and friends. He said he went to
Starters during this past football season with his family
and stated they all enjoyed it very much, had great food and
a great time. Mr. Ladics commented that he notices that many
of the public who speak at Council Meetings speak against
the Councilmembers and does not understand why. Mr. Ladics
stated that he thinks Council is doing a good job and that
Mr. Rank at Starters Riverport is doing a good job. He said
he thinks Mr. Rank should be given the chance to have a successful
place at the Golf Course.
William Scheirer, 1890 Eaton Avenue, commented he was not
at the Parks and Public Property Committee on January 13 but
referred to a memorandum from Christopher T. Spadoni, Council
Solicitor, that stated it would be appropriate if Council
desired that in consideration of expanding the hours, that
there be consideration for rental payment adjustment. Mr.
Scheirer asked how could it be otherwise. He said it wouldn’t
make sense if Council would approve a contract that it would
be powerless to amend. Mr. Scheirer also observed information
submitted by Meg Holland, City Controller, in which comparisons
were made to Allentown’s golf course restaurant. In
summarizing that information he said if the hours are increased,
the rent should be raised by $6,000 per year to match the
Allentown rent, the restaurateur should be given a credit
of $3,000 per year for discounts and advertising that benefit
the golf course proper, and the rent should go up again to
cover the annual cost of $8,000 for the liquor license, for
a total of $23,000 per year. He said all this is assuming
that the Allentown golf course is the proper benchmark. Since
it is proposed that this restaurant become a destination,
the proper basis of comparison is the commercial rent paid
by comparable restaurants in the city, especially since the
golf course restaurant will be competing with them. Mr. Scheirer
stated that in the absence of any further information on commercial
rents, he would suggest that the rent for the golf course
restaurant be increased to a minimum of $24,000 per year,
or $2,000 per month. He said, otherwise the City will be subsidizing
unfair competition.
Dana Grubb, 2420 Henderson Place, asked what the difference
is between a businessman asking for support for something
or an individual resident. He said there is a proposal that
should be approved to expand the hours from a good businessman
who runs a very nice establishment. He said on the other hand
you have residents saying he’s coming to you and asking
to open up the contract, expand the hours for him, maybe there
should be something in it for the City. Notwithstanding the
marketing he is doing and the fact that there is a very good
relationship that’s been developed there, it is a business
deal that should be done in the best interest of the public
of which the businessman and the taxpayer are members. Mr.
Grubb said he thinks there should be a level of compromise
there, he gets the hours he is asking for and the City gets
a little bit more rent. He said based on Mr. Scheirer’s
computations, he thinks $3,000 is little bit over the top,
maybe not. Mr. Grubb said he thought maybe there could be
a spirit of compromise to get something for the businessman
who comes with a request and the taxpayers who come with a
request, too.
Chris Morales, 649 Alaska Street, commented that he did
not think citizens were attacking City Council or the Ranks
for starting the business at the Golf Course Clubhouse Restaurant.
He said he thinks people are upset with the terms that are
being negotiated. From his perspective as a young entrepreneur
and business owner, he doesn’t think paying a little
bit more rent should be a problem. They have two successful
businesses and they are not struggling. Mr. Morales said he
does not think the City should give them a stimulus package
for the rent at the Golf Course location. He agrees they are
very successful business owners and has no problem with them.
He recalled attending Council’s budget meetings and
the City looking to find places to get money. Mr. Morales
stated that he thinks the terms of the agreement are a little
unfair and should be negotiated.
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
C. Old Business – Members of Council
None.
7. COMMUNICATIONS
A. Intermunicipal Liquor License Transfer – One East
Broad Street
The Acting Clerk read a letter dated January 5, 2009 from
Theodore J. Zeller, III requesting an Intermunicipal Transfer
of Liquor License into the City of Bethlehem at One East Broad
Street, Suite 100, for his client, Mountain Due, LLC.
President Donchez accepted a motion from Mr. Leeson, seconded
by Mr. Mowrer, to schedule the Public Hearing on Tuesday,
February 3, 2009 at 7:00 PM in Town Hall. Voting AYE: Mrs.
Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds,
and Mr. Donchez, 6. The motion passed.
B. Director of Parks and Public Property – XO Communications
– Easement
The Acting Clerk read a memorandum dated January 15, 2009
from Ralph E. Carp, Director of Parks and Public Property,
to which was attached a proposed Resolution and Easement Agreement
with XO Communications for fiber optic conduit and cable Right
of Way crossing two City owned parcels for a total consideration
of $3,000. Prompt consideration is requested in order to assist
XO Communications with meeting their construction deadline
with the Sands Casino.
President Donchez stated that Resolution 11 F is listed
on the agenda.
8. REPORTS
A. President of Council
President Donchez announced that City Council will hold
a Public Hearing on the Comprehensive Plan on Wednesday, February
25, 2009 at 7:00 PM in Town Hall. An Executive Session will
be held on Tuesday, February 3, in the Mayor’s Conference
Room at 5:45 PM to discuss litigation.
B. Mayor
1. Administrative Order – Dolores Yaschur Sproule –
Fine Arts Commission
Dennis Reichard, Acting Mayor, read an Administrative Order
reappointing Dolores Yaschur Sproule to membership on the
Fine Arts Commission effective until December 2011. Mr. Reynolds
and Ms. Dolan sponsored Resolution 2009-21 to confirm the
appointment.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
2. Administrative Order – Kenneth M. Kraft – Zoning
Hearing Board
Mr. Reichard read an Administrative Order reappointing Kenneth
M. Kraft to membership on the Zoning Hearing Board effective
until January 2012. Mr. Reynolds and Ms. Dolan sponsored Resolution
2009-22 to confirm the appointment.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
3. Administrative Order – Lee Cunningham - Codes Board
of Appeals
Mr. Reichard read an Administrative Order reappointing Lee
Cunningham to membership on the Codes Board of Appeals effective
until January 2012. Mr. Reynolds and Ms. Dolan sponsored Resolution
2009-23 to confirm the appointment.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
4. Administrative Order – Dr. David G. Beckwith –
Board of Health
Mr. Reichard read an Administrative Order reappointing Dr.
David G. Beckwith to membership on the Board of Health effective
until January 2014. Mr. Reynolds and Ms. Dolan sponsored Resolution
2009-24 to confirm the appointment.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
C. Parks and Public Property Committee
Chairwoman Belinski presented an oral report of the meeting
held on January 13, 2009. The Committee considered the following
that was tabled at the December 16, 2008 Parks and Public
Property Committee Meeting: Golf Course Restaurant –
Hours of Operation. The Members of the Committee moved to
amend the lease agreement so that the hours would be extended
until 12:00 Midnight and require that all patrons must vacate
the premises by 12:00 Midnight, and that the facility be closed
completely by 1:00 AM; and increase the monthly rent to $3,000.
Added to the motion was that if the lease is violated in any
way it is thereby void. The Committee forwarded the matter
to City Council for consideration, with Mr. Reynolds stating
he is voting in the affirmative in order to move the matter
to City Council as a whole.
9. ORDINANCES FOR FINAL PASSAGE
None.
10. NEW ORDINANCES
None.
11. RESOLUTIONS
Motion – Considering Resolutions as a Group
Ms. Dolan and Mr. Mowrer moved to consider Resolutions 11
A through 11 E as a group. Voting AYE: Mrs. Belinski, Ms.
Dolan, Mr. Mowrer, Mr. Leeson, Mr. Reynolds, and Mr. Donchez,
6. The motion passed.
A. Certificate of Appropriateness – 132 East Market
Street
Mr. Reynolds and Ms. Dolan sponsored Resolution 2009-25 that
granted a Certificate of Appropriateness to install a lamp
post at 132 East Market Street.
B. Certificate of Appropriateness – 1762 Moravian Waterworks
Mr. Reynolds and Ms. Dolan sponsored Resolution 2009-26
that granted a Certificate of Appropriateness to restore the
exterior of the 1762 Moravian Waterworks in the Colonial Industrial
Quarter.
C. Certificate of Appropriateness – 89 West Church
Street
Mr. Reynolds and Ms. Dolan sponsored Resolution 2009-27
that granted a Certificate of Appropriateness to renovate
the exterior of building at the rear of the property at 89
West Church Street (The “Day House”).
D. Certificate of Appropriateness – 56 East Market
Street
Mr. Reynolds and Ms. Dolan sponsored Resolution 2009-28
that granted a Certificate of Appropriateness to replace existing
asphalt shingles on the porch roof at 56 East Market Street.
E. Certificate of Appropriateness – 472 Main Street
Mr. Reynolds and Ms. Dolan sponsored Resolution 2009-29
that granted a Certificate of Appropriateness to install window
sign at 472 Main Street.
Voting AYE on Resolutions 11 A through 11 E: Mrs. Belinski,
Ms. Dolan, Mr. Mowrer, Mr. Leeson, Mr. Reynolds, and Mr. Donchez,
6. The Resolutions passed.
F. Approving Easement Agreement – XO Communications
– Vicinity of Trone Street and Fortuna Street
Mr. Reynolds and Ms. Dolan sponsored Resolution No. 2009-30
that authorized the execution of an Easement Agreement with
XO Communications for the purpose of granting permission to
construct, operate, and maintain its communications facilities
on City property in the area of Trone Street and in the area
of Fortuna Street, in accordance with the Agreement.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Leeson,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
G. Amending Lease Agreement – Golf Course Restaurant
Mrs. Belinski and Mr. Mowrer sponsored a Resolution to amend
the Lease Agreement for the Golf Course Clubhouse Restaurant
between the City of Bethlehem and Starters Golf, LLC, adopted
under Resolution 15,286 on March 18, 2008 which reads as follows:
3. Rent
(b) Second Year (January 1, 2009 to December 31, 2009) –
The parties hereto
have agreed upon a zero percent (0%) increase.
4. Hours of Operation – Second Paragraph
During the active golf period of the lease, unless otherwise
indicated herein or otherwise directed by the Director of
Parks & Public Property, the restaurant business shall
be open daily, including Sundays and holidays, unless otherwise
directed by Lessor.
The hours of operation shall be from at least 6:30 a.m. until
10:00 p.m. After 10:00 p.m. and during the non-peak periods
of the lease the hours of operation shall be determined by
mutual agreement between the Lessor and Lessee.
to be amended to read as follows:
3. Rent
(b) Second Year (January 1, 2009 to December 31, 2009) the
monthly rent shall be
$3,000.00 payable on the first day of each month in succession.
4. Hours of Operation – Second Paragraph
During the active golf period of the lease, unless otherwise
indicated herein or otherwise directed by the Director of
Parks & Public Property, the restaurant business shall
be open daily, including Sundays and holidays, unless otherwise
directed by Lessor.
The hours of operation shall be from at least 6:30 a.m. until
12:00 Midnight. All patrons must vacate the premises by 12:00
Midnight, and the facility must be closed completely by 1:00
a.m.
Add new paragraph 35. to read as follows:
35. Violation of Lease. If the lease is violated in any material
way, the lease shall be
void and of no further force or effect whatsoever.
Motion to Amend
Ms. Dolan made a motion, seconded by Mr. Mowrer, to amend
Resolution 11 G to read as follows:
WHEREAS, the Council of the City of Bethlehem adopted the
Lease Agreement for the Golf Course Clubhouse Restaurant between
the City of Bethlehem and Starters Golf, LLC, under Resolution
15,286 on March 18, 2008.
Bethlehem City Council endorses the request made by the Director
of Parks and Public Property to extend the hours of the Golf
Course Restaurant until midnight. Furthermore, in accordance
with the terms of the lease, City Council recommends that
the Director of the Parks and Public Property explore the
potential of increasing the rent by a percentage of gross
revenues at the conclusion of 2009.
Mrs. Belinski stated that she has spent a lot of time and
has done extensive research and thinks Mr. Rank is getting
an extremely lucrative deal. If he went elsewhere to get a
liquor license it could cost as much as $160,000. The City
owns and controls the liquor license and allows the use of
the license for whoever is running the restaurant. The transfer
is what he is paying for which is $650. Mrs. Belinski said
perhaps the proposed rent of $3,000 could be lowered per month.
She said Meg Holland, City Controller, gave to Council a lengthy
analysis wherein Ms. Holland stated she thought this was a
fair rent because Mr. Rank put $410,000 in the restaurant
which he would not be taking back. Mrs. Belinski said she
disagrees with that and the information provided has no relevance.
The only other restaurant that has any relevance to the City
of Bethlehem is the Allentown Municipal Golf Course Restaurant.
Mrs. Belinski referred to Ms. Holland’s analysis of
full service restaurants who pay taxes and heating and water
bills. She said Allentown is half the size of Bethlehem’s
restaurant, and is reported to be putting in numerous remodeling
costs. She said the only thing the City of Allentown is contributing
is new bathrooms and locker rooms. That trade off would be
the City of Bethlehem putting in $50,000 for correcting code
violations, new heating and air conditioning. Mrs. Belinski
explained the reason she wanted the invoices was to find out
about new windows in the restaurant that hadn’t been
brought up before. Again, Mrs. Belinski said perhaps the rent
could be lowered from the $3,000 amount.
Ms. Dolan commented that the lease was negotiated less than
one year ago. A contract was made after a RFP process, the
rent was established at the same level it had been for years,
and now we have a situation where this businessman can be
even more successful and bring in more patrons and make this
an even more valuable asset to the City of Bethlehem by being
open for two more hours. Ms. Dolan stated that good questions
have been raised by the public. She asked if the City should
benefit from this. She said the answer is ultimately absolutely
yes, this is a contract less than a year old. She said having
spent some time in the restaurant business as a younger woman,
she said no matter how successful Starters Riverport is or
any other Starters Restaurant, you cannot judge the success
of a restaurant in a couple of months, and how much actual
cash this restaurateur is clearing. With the amount of money
that was put into the restaurant, Ms. Dolan said she does
not think the City will have adequate information to truly
assess what the rent or revenue share would be until at least
the one year mark. She commented that she would not do something
as a City Councilwoman that she would not do as a citizen.
If she were a landlord, she would not raise the rent on an
apartment that she leased to someone for a year in the middle
of the year, especially if they had painted the rooms, fixed
it up and planted flowers. She said she wouldn’t punish
them or do something she considered to be unethical in the
middle of the year after a contract was signed. Ms. Dolan
stated that this contract opens up for substantial review
at the end of 2009. She said she thinks Council is sending
a clear message to Mr. Carp that is a good time to begin a
fair assessment that would perhaps include revenue sharing
that would be a fair way of everyone in the City of Bethlehem
benefiting from what she hopes to be the success of the Golf
Course.
Mr. Mowrer noted this is the first time the restaurant has
been successful in the last 35 years and thinks that is significant.
He said this is the first time someone has been brought in
and done well and has made money. He said he has heard good
reports and said he has been there. Mr. Mowrer added that
he is thrilled that it is a success and commends him for that.
Mr. Mowrer said he thought the Controller suggested in her
report that the City review the rent after six to ten years
and said he would follow that recommendation. He did not think
this is the appropriate time to change the rent. He said he
is in favor of giving the hours and keeping the charges and
rules as is.
Mr. Reynolds referenced Councilwoman Dolan’s amendment
which reads “in accordance with the terms of the lease,
City Council recommends that the Director of Parks and Public
Property explore the potential of increasing the rent by a
percentage of gross revenues at the conclusion of 2009”.
He commented that he thinks this would be a wise move for
the City for revenue sharing if it is successful, as Mr. Mowrer
mentioned. Mr. Reynolds, referring to surveys that have been
done, said the most powerful survey he thinks was the survey
by the golfers of Bethlehem and the Lehigh Valley that in
2008 led the City to take in $200,000 more in revenue than
in previous years. Mr. Reynolds stated as was said at the
Committee meeting when golf was down nationally and at the
nine-hole course the 18-hole course was up $200,000. He said
the pro shop had a significant percentage increase. He said
meetings are held talking about how the City needs to increase
its revenues and the Golf Course has. Mr. Reynolds commented
that he thinks it would be wise to continue the partnership.
With reference to the idea of him having a conflict of interest
in voting for this, Mr. Reynolds stated that he checked with
Council Solicitor Christopher Spadoni who advised there would
be no conflict. Mr. Reynolds said he will be voting in favor
of this.
Mrs. Belinski commented that Ms. Holland had stated that
the amount invested was more than $500,000 and that the number
would come down to $410,000 in what would remain City property
if the lease is not renewed. Mrs. Belinski stated she wanted
to see the invoices for good reason. She said she went through
what was given and was looking to see what would go with him
if he left. She said Mr. Chanitz took all his kitchen equipment
with him when he left. Mrs. Belinski said there is now new
equipment in the amount of $162,880, audio visual, flat-screen
TVs at approximately $54,000, and computer software, which
is all included in that $410,000. She said she hasn’t
seen invoices for windows. There’s an invoice for menu
jackets for the menus and small wares. She asked why we are
paying for a legal fee and said this is all included in that
money. Mrs. Belinski went on to mention we are also paying
for Bethlehem Sporting Goods uniforms. Mrs. Belinski said
she does not think these are permanent improvements, and if
this lease should end at the end of the year he is going to
be taking a lot with him. She said she does not think it is
a valid comparison. She said Ms. Holland has made comparisons
with full service restaurants. Mrs. Belinski said you cannot
make comparisons with someone who is not paying any taxes.
She said the City is paying the heating and water, and clearing
the road. Mrs. Belinski stated she would consider the rent
changed to $2,000. She commented that she also has heard there
are bands brought in and people are staying until 2:30 a.m.
She thinks the premises should be vacated by the patrons by
midnight with the help leaving by 1:00 a.m. Mrs. Belinski
said this is Mr. Rank’s lease. He agreed to this and
is the one who asked for it to be amended. She said she thinks
it should be able to be amended to increase the rent.
President Donchez stated he will support this amendment.
He mentioned, as Mr. Mowrer said, if you go back for 25 years
the restaurant was a failure and did not make any money for
a variety of reasons. He commented that looking back on when
this was first voted on a year ago, no one knew if this would
be a success or not. Allentown is looking at the success of
Bethlehem and looking at the numbers for the Brew Works. Since
negotiations will start in the next few months for the next
lease, he said he thinks Mr. Carp, the Administration, and
hearing from members of Council, that an increase in the rent
would be supported, and possibly be based on the gross receipts.
President Donchez commented that this is a restaurant that
is not just a restaurant for the golfers as it was in the
past but it has become a destination for people to go out
to have lunch, breakfast or dinner and bring friends. He said
it is a success and as Mr. Reynolds said the revenues are
up by almost $300,000 and we should be doing everything possible
to build the restaurant up. He said Bethlehem is the envy
of Allentown and other places and we should feel lucky we
have a successful enterprise in the City.
Voting AYE on the Amendment: Ms. Dolan, Mr. Mowrer, Mr.
Reynolds, and Mr. Donchez, 4. Voting NAY: Ms. Belinski and
Mr. Leeson, 2. The Amendment passed.
Voting AYE on the Resolution as Amended: Ms. Dolan, Mr.
Mower, Mr. Reynolds, Mr. Donchez, 4. Voting NAY: Ms. Belinski
and Mr. Leeson, 2. Resolution 2009-31 was adopted.
12. NEW BUSINESS
None.
13. COURTESY OF THE FLOOR
Golf Course Restaurant; Robert’s Rules of Order
William Scheirer, 1890 Eaton Avenue, commented that some
of the Members of Council argued that the contract should
not be amended so soon, but yet voted to amend it. He said
in other words, the restaurateur got a benefit but didn’t
pay any additional costs.
Mr. Scheirer read two sentences from Robert’s Rules
of Order as follows: “When a question is pending, a
member can condemn the nature or likely consequences of the
proposed measure in strong terms but he must avoid personalization,
and under no circumstances can he attack or question the motives
of another member. The measure, not the member is the subject
of debate.” He said strictly speaking that applies to
Members of Council but believes the Solicitor would support
him in saying that the clear implication is that it also applies
to the members of the public.
Golf Course Restaurant
Chuck Nyul, 1966 Pinehurst Road, noted that when his golf
league of 36 and Burron’s league of 70 are at Starters
during the supper time frame, there is no room to seat anyone
else. He said if the women’s league would all be in
there, he doesn’t know where anyone would sit. Mr. Nyul
asked what the active golf period is.
Mrs. Belinski replied she thought that would be the peak
hours from March 15 until November 15 and the rest of the
year is considered non-peak hours. Mr. Nyul asked why because
if it is a nice sunny day, it doesn’t matter. He said
he thought the Golf Course was open 365 days a year for golf.
He said Christmas Day is the only day it is closed. Mr. Nyul
said the previous day there was a lot of snow on the ground
and the Golf Course was closed, but Starters was open. He
asked how much insurance Starters has for that building plus
all the professional equipment that is in there. Mr. Nyul
asked if the City is insured and if Starters is insured. He
then asked how the equipment in the pro shop gets paid for.
Mr. Carp asked for clarification of what is meant by equipment
in the pro shop. Mr. Nyul answered hats, gloves, balls, clubs.
Mr. Carp said they are purchased through the Golf Course Operating
Budget and that the Golf Course operates as an enterprise
fund.
Mrs. Belinski stated that from what she knows the City has
an umbrella policy that covers all the City buildings. She
said the clubhouse is a City building but said when Mr. Rank
had the liquor license and if there was any liability associated
with that Mr. Rank was liable.
Taxes on Churches
Stephen Antalics, 737 Ridge Street, referenced the last City
Council Meeting and the mention of taxes and a church that
has now become a warehouse with religious artifacts. He said
he received information from Attorney Spadoni from the Pennsylvania
Constitution, Article 8, which stated a building is an actual
place of worship for the purposes of tax exemption if the
building’s primary use is for regularly stated religious
worship. He said he spoke with the Assessment Office in Easton
and the person he spoke to suggested someone follow up on
the matter. The person told him that to be heard by the Board
of Appeal you have to be the appropriate party. The appropriate
party must possess legal requisite to challenge a ruling on
tax exemption, i.e. either a municipality or school district.
Mr. Antalics said he informed the School District and they
were excited about it because they are $5 million behind.
He said he thinks the municipality should appeal to the Board
of Appeal at the County level to remove these buildings which
are now warehouses for religious artifact as no longer tax
exempt. He said this property is worth millions of dollars.
He suggested the City look into this because there could be
a reasonable amount of taxation for the City and the School
District. He asked if someone from the Administration or Legal
Bureau could comment on that.
President Donchez asked that the City Council Solicitor look
into the matter. Mr. Antalics thought the matter should be
appealed and that no discussion would be necessary. Mr. Antalics
commented that money is being lost and asked how many warehouses
are tax free.
Snow Removal
Dana Grubb, 2420 Henderson Place, commented on a memorandum
sent to City Council from Michael Alkhal, Director of Public
Works, on which he was copied. He said he did clarify this
with Mr. Alkhal, but wanted to reinforce the fact with Council,
that it was not his conclusion that the snow removal was disgraceful
on December 19. He said it was the conclusion of a number
of visitors he had who came into town.
Signs
John Ladics, Kaywin Avenue, with reference to permission
that was given by the Planning Commission for the sign for
the Casino which reads Bethlehem Sands, stated he thinks it
is a good idea to put the sign there. Also, he said he thinks
it would be nice at Illick’s Mill Road and Center Street
if there would be a sign for Starters at the golf course.
Mr. Ladics commented that he also thinks there should be a
sign stating where Bethlehem starts and ends in the area by
Hellertown, and that the City should be advertised with signs.
President Donchez stated he did a follow-up after Mr. Ladics’
comments at the last City Council Meeting and the Administration
will be conducting a study for signage in the Spring.
Golf Course Restaurant, Taxes on Churches
Chris Morales, 649 Alaska Street, following up on Mr. Ladics’
comments, stated that maybe if the rent at the golf course
restaurant is increased money could be used to put up signs.
Mr. Morales then commented on the difference between commercial
leases and residential leases. With a commercial lease for
a restaurant wanting to extend the hours, he said there would
be more wear and tear, and there should be more money for
the landlord. He said it’s not as if flowers are being
planted and walls are being painted. Mr. Morales, referencing
Mr. Antalics comments on the churches being used as warehouses,
said he agrees that taxes should be paid and it would help
with the school district’s budget. He also said he thinks
the church being turned into a restaurant is a good use of
an empty building. Mr. Morales said he thinks buildings tend
to be eyesores when they are empty.
The meeting was adjourned at 8:10 p.m.
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