Council MInutes
September 1, 2009
BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, September 1, 2009 – 7:00 PM
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
President Donchez called the meeting to order. Pastor Robert
Bast, Emmanuel Evangelical Congregational Church, offered
the invocation which was followed by the pledge to the flag.
Present were Jean Belinski, Karen Dolan, Gordon B. Mowrer,
J. William Reynolds, J. Michael Schweder, and Robert J. Donchez,
6. Joseph F. Leeson, Jr. arrived at 7:35 P.M.
4. APPROVAL OF MINUTES
5. COURTESY OF THE FLOOR (for public comment on Ordinances
and Resolutions to be voted on by Council this evening –
5 Minute Time Limit)
Broughal Middle School
Stephen Antalics, 737 Ridge Street, invited Council to an
historic event, the first striking of the ball to destroy
Broughal Middle School, on or about September 10. He said
this will be the last possibly historic building of the South
Side. Mr. Antalics expressed his disappointment and shock
at the inability of Council and the Administration to follow
up on the extremely good work of Councilwomen Belinski and
Dolan and for failing to recognize the demolition of the last
possible historic site on the South Side. He said Council
has not shown concern by not approving the Resolution by Councilwomen
Belinski and Dolan. Mr. Antalics mentioned other buildings
that have been destroyed on the South Side and said there
is nothing left that would be of historic interest to anybody.
Historic Resources Study
Bill Scheirer, 1890 Eaton Avenue, thanked Mr. Antalics and
seconded what he said. He noted that the requirement on the
part of the State in doing the Historic Resources Study is
the City has to use one of nine planning firms specified by
the State. He said he hopes Chris Ussler will be able to do
some work for those firms so they can benefit from her knowledge
of the City. Mr. Scheirer questioned why the State is restricting
it to those nine firms and wondered why they would not trust
the City to pick somebody qualified. Mr. Scheirer expressed
that he doubted that anyone would know Bethlehem as well as
Ms. Ussler does. He said those are the strings attached to
the $30,000 and it has to be accepted if the City is going
to do this study which he said he is not sure is necessary.
6. OLD BUSINESS.
A. Tabled Items
None.
B. Unfinished Business
1. Bill No. 28 - 2008 – Amending Zoning Ordinance –
Various Sections
2. Establishing Article 1716 – Landmarks and Properties
of Historical Interest
C. Old Business – Members of Council
Commending Police and Fire
President Donchez stated that the City has had a very difficult
couple of days and on behalf of his colleagues commended the
Police and Fire Departments on their professionalism.
Curbs
President Donchez asked Michael Alkhal, Director of Public
Works, to explain the curbs, mostly in South Bethlehem, that
have just been redone and why some are a little wider and
then others have a 90 degree entranceway with a steep slope.
President Donchez said he knows there are Federal guidelines
and PennDot implements this but he thinks it will be difficult
for wheelchairs in the winter.
Mr. Alkhal responded there are Federal requirements that
PennDot is attempting to follow that are triggered by construction
activity such as the traffic signal upgrade project, and this
is what triggered upgrading all those ramps to meet today’s
Federal guidelines in terms of upgrading and installing new
curb ramps. He said the guidelines require certain slopes,
alignment, and placement of the ramp so that the pedestrian
is directed into the crosswalk compared to before where they
were at the peak of the curb return and the individual would
perhaps be directed into the center of the intersection. He
said when retrofitting these curbs ramps into a new environment
it makes it difficult to install. Mr. Alkhal stated that a
lot of them look odd and there are concerns with some of them
especially in adverse weather. He said they have been working
for months with PennDot to relay the concerns. Mr. Alkhal
noted that if the pedestrian is utilizing the curb as intended
and they are in the right area within the sidewalk, they meet
all the criteria. He said there are areas where the approach
to the curb ramps is fairly steep but they are within the
slope requirements that PennDot and the Federal Highway Administration
feel are safe. In response to President Donchez’s question
concerning an intersection such as at Fourth and New Streets
where there are two of the old and two of the new, Mr. Alkhal
explained that in certain situations they allow an exception
and they have to apply for an exemption from installing the
new curb ramps if conditions preclude it entirely. He said
in that area there were catch basins that precluded them from
being able to rip out the old, there are benches close by,
and other utilities. He said a waiver was filed for that location
that was granted to leave the old ones they way they are.
Mr. Alkhal said they have been told consistently over the
past six months that if they can fit it in they are required
to do so.
7. COMMUNICATIONS
A. Mayor – Tax Collection Committee Appointment
The Acting Clerk read a memorandum from Mayor John B. Callahan,
dated August 27, 2009 recommending the appointment of the
City of Bethlehem’s delegates to serve on the Tax Collection
Committee for Northampton County. The Commonwealth of Pennsylvania
Act 32 of 2008 was established to reform the current Earned
Income Tax (EIT) collection system by consolidating 560 EIT
collectors into 69 Tax Collection Districts (TCD). The Tax
Collection Districts will be governed by a Tax Collection
Committee comprised of representatives of each of the municipalities
and school districts within the TCD.
President Donchez stated that the Administrative Order is
listed on the Agenda this evening.
8. REPORTS
A. President of Council
None.
B. Mayor
1. Administrative Order – Tax Collection Committee
Mayor John Callahan appointed Mark W. Sivak, Budget Analyst,
as Primary Voting Delegate, William Alexander Karras, Tax
Administrator, as First Alternate Voting Delegate and Dennis
W. Reichard, Business Administrator, as Second Alternate Voting
Delegate, to the Tax Collection Committee, effective immediately
and to continue until successors are appointed. Mr. Reynolds
and Mr. Schweder sponsored Resolution 2009-163 to confirm
the appointment.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds,
Mr. Schweder, and Mr. Donchez, 6. The Resolution passed.
C. Public Works Committee
Ms. Dolan, Public Works Chairwoman, presented an oral report
of the Public Works Committee meeting that was held on August
19, 2009 on the subject of amending Article 721 - Streets
and Sidewalks – Street Vendors. The Committee raised
various questions about the proposal and did not make a recommendation.
The Committee Members recessed the meeting, and another meeting
will be scheduled to review a revised draft proposal.
9. ORDINANCES FOR FINAL PASSAGE
A. Bill No. 20 – 2009 – Amending Non-Utility
Capital Budget – Traffic Calming Study – South
Mountain; HOME Program – CADCB Façade/Housing
Rehabilitation; TANF Program – Repayment; Parks Maintenance
– Pick-up Trucks
The Acting Clerk read Bill No. 20 – 2009 – Amending
Non-Utility Capital Budget – Traffic Calming Study –
South Mountain; HOME Program – CADCB Façade/Housing
Rehabilitation; TANF Program – Repayment; Parks Maintenance
– Pick-up Trucks, on Final Reading.
Mrs. Belinski stated she takes exception to the Traffic
Calming Study for South Mountain because of it benefiting
Lehigh University and resents paying any portion of that.
Ms. Dolan commented that she thought what had been explained
was that it was near Saucon Park.
Mr. Alkhal said he thought that was correct, and that it
would concentrate on the Williams Street and Fire Lane area.
Mr. Reynolds added that it was explained it was in the Fire
Lane area on the side where the development is.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds,
Mr. Schweder, and Mr. Donchez, 6. Bill No. 20 – 2009,
hereafter to be known as Ordinance 2009-21, was declared adopted.
B. Bill No. 21 – 2009 – Amending Community Development
Budget – CDBG and HOME Program – Reprogramming
Funds and Various Adjustments – Streetscape Improvements,
Consulting, Street Reconstruction, Historic Resources Study,
Health Bureau
The Acting Clerk read Bill No. 21-2009 – Amending
Community Development Budget – CDBG and HOME Program
– Reprogramming Funds and Various Adjustments –
Streetscape Improvements, Consulting, Street Reconstruction,
Historic Resources Study, Health Bureau, on Final Reading.
Ms. Dolan suggested that Carlton Avenue be considered in
the future because to upgrade Carlton Avenue would cost $900,000
as opposed to $300,000. She said $600,000 would have to come
from the Authority, most likely out of the BRIF, which is
something the Authority will not be able to afford to do.
Ms. Dolan commented that Carlton Avenue should be thought
about in the future and to discuss in a Public Works Committee
how imminent of a problem the old water infrastructure causes
there and be open to various ideas to take measures that cannot
be taken at this time because of the lack of funds.
Mr. Schweder remarked that the Authority would have the
funds if they required the City to pay back the money that
was taken out of the BRIF that was being used for the General
Fund as opposed to keeping the money there. Ms. Dolan stated
she agrees but thinks the City has to move forward from where
we are. Mr. Schweder said that could still be done.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds,
and Mr. Donchez, 5. Voting NAY: Mr. Schweder, 1. Bill No.
21 – 2009, hereafter to be known as Ordinance 2009-22,
was declared adopted.
C. Bill No. 22 – 2009 Amending Article 941 –
Mounted Police
The Acting Clerk read Bill No. 22 – 2009 Amending
Article 941 – Mounted Police, on Final Reading.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds,
Mr. Schweder, and Mr. Donchez, 6. Bill No. 22 – 2009,
hereafter to be known as Ordinance 2009-23, was declared adopted.
10. NEW ORDINANCES
None.
11. RESOLUTIONS
A. Transfer of Funds – Parks Maintenance – Pick-up
Trucks
Mr. Reynolds and Mr. Schweder sponsored Resolution 2009-164
that transferred $54,502 in the Non-Utility Capital Fund Budget
from the following: Vehicle Purchases Account - $3,749 and
City Center Improvement Account - $50,753 to the Parks-Vehicles
Account to pay towards the purchase of two new pick-up trucks
with plows.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds,
Mr. Schweder, and Mr. Donchez, 6. The Resolution passed.
12. NEW BUSINESS.
Finance Committee Meeting
President Donchez announced a Finance Committee Meeting
scheduled for Tuesday, September 29, 2009 at 4:30 PM in the
Mayor’s Conference Room on the 2008 Audit.
London Times Bristol Zoo Employee Story
Mr. Mowrer read an article from the London Times concerning
parking fees collected at the Bristol Zoo by an individual
who suddenly did not appear for work after 25 years. The Zoo
contacted the City Council and it was found out that the man,
whose name and whereabouts were unknown, was not an employee
of the Zoo nor the City, and had collected over $7 million
over the years. Mr. Mowrer remarked that the article amused
him in light of the creativity of the hot dog vendors in the
City.
Texting While Driving Legislation
Mr. Mowrer stated that he has been reading about the dangers
of texting on cell phones while driving and the reports that
it is worse than drinking and driving. Mr. Mowrer stressed
that he thinks it is time to take action and is recommending
that the matter be referred to the Public Safety Committee
for review.
President Donchez referred the matter to the Public Safety
Committee for which Mr. Mowrer is the Chair.
Mrs. Belinski questioned if a law is passed how violators
can be caught. She commented that there are not enough police
right now to enforce the law regarding loud music in cars.
Mr. Mowrer responded that can be discussed at the Committee
meeting.
13. COURTESY OF THE FLOOR
Street Vendors
Tina Kowalski, merchant at Fourth and New Streets, commented
that there have been numerous reasons given why vending is
not good for the South Side Business District and that the
reasons have been proven by the vendors. She said she thinks
it is not fair and very biased for any of the vendors to be
exempt or grandfathered. Ms. Kowalski remarked that selling
hot dogs for two months does not make one a pioneer in vending
or time enough to be grandfathered, especially when the merchants
have been trying to resolve the ordinance issue since May
and June. All the vendors have been in business the same amount
of time and she said if anyone should be exempt it should
be the woman from the Doggie Shop who has been legally in
business since March. She said she thinks the City of Bethlehem
made the mistake of issuing licenses and in all fairness the
vendors should be given back their money for their license
and everyone start all over again with the bidding process.
She said it is not right for the City of Bethlehem to say
they have the right of way on sidewalks in front of businesses
and can place a vendor where they choose. She questioned what
merchant would be happy about a vendor on the sidewalk in
front of his business, and what happens if the vendor does
not keep up with the ordinance. The merchant has to argue
with the vendor, call the police, call the health department,
and clean up after the vendor. Ms. Kowalski said she thinks
it is not fair to place the merchant in a position of babysitting
the vendor. If the merchant is responsible for the front of
his business and sidewalk, they should be asked and approved
by the merchant and not the City. She said the ordinance is
very biased and prejudiced against the merchants and will
create problems. She said not to forget that the merchant
started to complain about the vendor and his disrespecting
the restaurant owner’s property. What started all this
is the fact that the vendor and his friends did not respect
the merchant and his property. She questioned what happens
if someone falls over the cart or slips on the grease on the
sidewalk and sues the vendor for $1 million or more. Ms. Kowalski
asked who would be next in line to be sued, the City or the
merchant. She asked what happens if the propane tank accidentally
blows up, injures the merchant’s customers, damages
the merchant’s building and business. Who will be held
responsible for loss of business repairs and injuries. If
damage exceeds $1 million, will the City take responsibility
and lawsuit that goes with it. She again stated that the ordinance
is all about the vendors and is very biased and prejudiced.
She said she thinks it is shame and sad that merchants from
both the North and South Side thriving business districts
are upset by this ordinance and that these merchants who have
worked so hard for many years get treated unfairly for five
hot dog vendors. Ms. Kowalski submitted a picture to show
how the vendor on New Street maintains the sidewalk and street.
President Donchez noted that as Chairwoman Dolan mentioned
earlier there will be another Public Works Committee Meeting
in the near future to discuss the second draft of the ordinance.
Tabitha Petrez, owner and operator of Blue Sky Café,
22 West Fourth Street, commented that she is a struggling
single mom who employs 10 tax-paying residents of Bethlehem,
and stated that she signed a petition to have the vendor removed
from Fourth and New Streets. She said since then she has been
persecuted and verbally slammed for standing up for her neighbors
in the community where she operates her business. Ms. Petrez
stated that because of that petition an ordinance will be
voted upon to bring five vendors into the Bethlehem area and
Council will be voting on giving the right of way to sidewalks
because not enough taxpaying property owners in lucrative
areas are agreeing to have a vendor on their location. She
said one vendor is being considered for a grandfather clause
because he liked the spot he picked out for himself and said
she is curious why he does not have the permission of the
property owner. She questioned whether street vendors are
there to attract people or are the vendors attracted to the
people that the local businesses are working on very hard
to bring to the area.
Lisa Ronca, Cutters Bike Shop, 418 East Third Street, stated
in the beginning she may have been a bit neutral on the subject
of the hot dog vendor, but feels for someone wanting to support
themselves. She said she and her husband were very new to
everything when opening up their shop and all the compliance
issues and inspections were very exhausting, physically and
financially. She said a vendor has set up at the first meter
in front of their shop and doesn’t see why somebody
else doesn’t have to follow these same routes. Ms. Ronca
said he is blocking the entire sidewalk and she would like
to put a bike rack in front of her store for her patrons.
She stated she has been working with the Coalition for Appropriate
Transportation (CAT) and understands that she has to make
sure they have a certain right-of-way on the sidewalk. She
said what she has seen is really his friends stopping and
not walking traffic coming to him, they are not feeding the
meters, and they are taking meters in front of her store.
She said she and her husband picked the location for their
shop because of the nature of their business so their customers
could have a quick in and out. Ms. Ronca added that his customers
are also parking in the city-owned lot adjacent to her building
so they don’t have to pay for the meters. She explained
a problem they experienced with the Parking Authority allowing
people to park without having to pay at a meter. Ms. Ronca
stated that she thinks everybody should have to follow the
same rules. She said trash is left there that she has to clean
up and remarked that there are things happening there that
she had not envisioned for her business.
Various Issues
Eddie Rodriquez, 1845 Linden Street, noted he is for the
hot dog vendors but stated Ms. Ronca does have a point with
regard to the parking meters. Mr. Rodriquez then made reference
to an incident that happened at Yosko Park the past Saturday
which he witnessed where someone could have gotten seriously
injured. He said it took two calls to get a response and asked
where were the police. He said he would like the Commissioner
and the Mayor to look into this because this is a high priority
area where a lot of things are happening. Mr. Rodriquez asked
for another camera to be put on East Sixth and Atlantic Streets
immediately versus Laufer and Atlantic. He also asked that
a camera be put on Pawnee and Dakota, and West Fourth Street
and Wyandotte. Mr. Rodriquez commented that he knows this
part of the City well, makes many calls, and has given the
City a lot of information. He said he cares about the City
very much. Mr. Rodriquez expressed his feelings that the cameras
will take care of problems but thinks they are not being manned
properly.
Various Issues
Dana Grubb, 2420 Henderson Place, stated that he has observed
some of the handicap curb ramps and agrees that there are
serious tripping hazards at some of the corners with the new
design, and said it does not give you confidence in PennDot
to design a safe crosswalk. Mr. Grubb commended the Fire Department
for the extremely competent job they and other public safety
personnel did with regard to the fire over the weekend. He
said it is a testament to the efforts of the Fire and Police
Departments that there were no casualties. Mr. Grubb then
commented on the accountability of certain City Hall employees.
Broughal Middle School and Historic Resources Study
Bill Schierer, 1890 Eaton Avenue, stated that the date of
implosion for Broughal Middle School is September 10, and
thinks it will go down in history as one of the sadder days
in the history of Bethlehem. Mr. Schierer then commented that
the Historic Resources Study has been dragging on for two
years and looks like it will be another two years. As was
pointed out at the last meeting, he said this serves as an
advance notice to any developer who is thinking of demolishing
a building that is 75 years old to do it now. He said he read
in the paper about the mansions on West Broad Street, and
that he understands that West Broad Street will be down-zoned
to CL, Neighborhood Commercial, at least from Third Avenue
west. There was a proposal to make it Downtown Commercial
to Third Avenue but the Task Force spoke out against that.
Mr. Scheirer said of number of bad things have happened to
the City recently in terms of land use and he said he can
see something bad happening on West Broad Street. He said
the developers know it is time to demolish. He then added
that there is no protection in the Zoning Ordinance against
parking in front of a business. He said if these things are
combined a developer with their advance notice will acquire
older properties on West Broad Street, demolish them, and
put up a business with parking in the front. Aside from putting
something in the Zoning Ordinance when it comes before Council,
Mr. Scheirer suggested legislation that until this Historic
Resources Study is done there would be a provision that City
Council has to pass any demolition of any building which has
any part that is 75 years or older. He said otherwise the
City is going to squander what makes it special.
Various Issues
Mary Pongracz, 321 West Fourth Street, asked who owns the
sidewalks. She questioned if the City owns the sidewalk why
does she have to pay for insurance to protect herself if somebody
falls on it. She asked how the City can regulate something
that she owns and pays taxes on.
Joseph M. Kelly, Assistant City Solicitor, responded that
there is a right for people to walk in front of her house
if there is a sidewalk there without her permission and if
it was purely her property she could put a fence there like
you would do in your backyard. He said streets and sidewalks
are designated as public rights of way and the City is obligated
to maintain them and by statute the obligation is put on the
landowner to maintain that sidewalk, if it cracks, to remove
rubbish, and to remove snow within a period of time. He said
if for whatever reason the City lays out in its plan that
there is a roadway that is never opened and it never becomes
a roadway, that land goes back to the owner after 21 years.
Attorney Kelly noted that once it has been opened as a public
right-of-way it would be a shared ownership between the City
and the landowner.
Ms. Pongracz then commented on the inability to get through
on Main Street because of all the outdoor dining areas and
cars that double-park on both sides of the street. She asked
why this is allowed and what are the rules and regulations
for outdoor dining. Ms. Pongracz then referred to the amendment
to the budget concerning Historic Resources and said she thinks
that should have already been in the budget prior to this
time.
Ms. Pongracz remarked she thinks it is a pity that three
schools had to be locked down today.
The meeting was adjourned at 8:00 p.m.
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