Council MInutes
April 20, 2010
BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, April 20, 2010 – 7:00 PM
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
President Donchez called the meeting to order. Reverend Monsignor
William F. Baver, of Saints Simon and Jude Church, offered
the invocation which was followed by the pledge to the flag.
Present were David T. DiGiacinto, Karen Dolan, Eric R. Evans,
Gordon B. Mowrer, J. William Reynolds, and Robert J. Donchez,
6. Jean Belinski was absent, 1.
4. APPROVAL OF MINUTES
The Minutes of April 6, 2010 were approved.
5. COURTESY OF THE FLOOR (for public comment on Ordinances
and Resolutions to be voted on by Council this evening –
5 Minute Time Limit)
None.
6. OLD BUSINESS.
A. Tabled Items
None.
B. Unfinished Business
1. Establishing Article 1716 – Landmarks and Properties
of Historical Interest
(Assigned to Preservation Plan Task Force)
C. Old Business – Members of Council
None.
7. COMMUNICATIONS
A. Director of Parks and Public Property – Bethlehem
Raiders – Field House and Press Box
The Clerk read a memorandum dated April 12, 2010 from Ralph
E. Carp, Director of Parks and Public Property, to which was
attached a letter from Thomas Picone, President of the Bethlehem
Raiders, requesting permission to tear down the existing announcing
booth/storage structure located at Sell Field and construct
a new field house/press box. The Raiders have the necessary
funding to purchase a pole style building and have it installed.
Mr. Carp has agreed to assist the organization with some in-kind
services from the Parks Department.
President Donchez referred the request to Parks and Public
Property Committee.
B. Public Safety Committee Member Evans – Draft Ordinance
– Prohibiting Use of Handheld Mobile Telephones and
Texting
The Clerk read a memorandum dated April 16, 2010 from Eric
R. Evans, Member of the Public Safety Committee, to which
was attached a draft Ordinance to prohibit the use of handheld
mobile telephones and texting while operating vehicles in
the City of Bethlehem.
President Donchez referred the matter to the Public Safety
Committee.
C. Mayor – Amending Article 531 – Parking Generally
The Clerk read a memorandum dated April 15, 2010 from Mayor
Callahan to which was attached a draft Ordinance amending
the penalties for parking violations in Section 531.99(b)
in Article 531 – Parking Generally.
President Donchez referred the matter to the Public Safety
Committee.
D. Mayor – Amending Article 538 – Impounding
Illegally Parked Vehicles
The Clerk read a memorandum dated April 15, 2010 from Mayor
Callahan to which was attached a draft ordinance amending
Section 538.01 – Authority to Remove and Impound, of
Article 538 – Impounding Illegally Parked Vehicles.
President Donchez referred the matter to the Public Safety
Committee.
E. City Solicitor – Roadway Lighting Agreement –
Commonwealth of Pennsylvania Department of Transportation
The Clerk read a memorandum dated April 14, 2010 from John
F. Spirk, Jr., Esq., City Solicitor, to which was attached
a proposed resolution between the City of Bethlehem and the
Commonwealth of Pennsylvania Department of Transportation
for a Roadway Lighting Agreement that is part of the overall
Route 412 project which is scheduled to be let later this
year.
President Donchez stated the Resolution will be listed on
the May 4, 2010 Council Agenda.
F. City Solicitor – Landscape Maintenance Agreement
– Commonwealth of Pennsylvania Department of Transportation
The Clerk read memorandum dated April 14, 2010 from John
F. Spirk, Jr., Esq., City Solicitor, to which was attached
a proposed resolution between the City of Bethlehem and the
Commonwealth of Pennsylvania Department of Transportation
for a Landscape Maintenance Agreement that is part of the
overall Route 412 project which is scheduled to be let later
this year.
President Donchez stated the Resolution will be listed on
the May 4, 2010 Council Agenda.
G. City Solicitor – Drainage Structures and Sidewalk
Maintenance Agreement – Commonwealth of Pennsylvania
Department of Transportation
The Clerk read a memorandum dated April 14, 2010 from John
F. Spirk, Jr., Esq., City Solicitor, to which was attached
a proposed resolution between the City of Bethlehem and the
Commonwealth of Pennsylvania Department of Transportation
for a Drainage Structures and Sidewalk Maintenance Agreement
that is part of the overall Route 412 project which is scheduled
to be let later this year.
President Donchez stated the Resolution will be listed on
the May 4, 2010 Council Agenda.
H. City Solicitor – Use Permit Agreement – Boutique
at the Rink
The Clerk read a memorandum dated April 16, 2010 from John
F. Spirk, Jr., Esq., City Solicitor, to which was attached
a proposed resolution between the City of Bethlehem and St.
Luke’s Hospital and Health Network for use of the Municipal
Ice Rink for the 2010 Boutique at the Rink for the time period
May 3, 2010 to June 7, 2010, according to the terms of the
Agreement.
President Donchez stated that Resolution 11 I is listed on
this evening’s Agenda.
Ms. Dolan asked the status of the Parks master plan update,
reviewing Use Permit Agreements for uniformity, and studying
fees.
Jody Reppert, Business Manager of Parks and Public Property
Department, advised that Ralph Carp, Director of Parks and
Public Property, is looking at the fee structure that would
probably be presented for the next year’s budget. Ms.
Reppert confirmed to Ms. Dolan that Mr. Carp will also be
reviewing and updating Codified Ordinance Article 941, Parks.
Mr. Reynolds recalled that last year there were discussions
regarding updating Article 941 when the Little League Use
Permit Agreements were reviewed. Ms. Dolan suggested that
an update could be provided at a future Parks and Public Property
Committee meeting.
8. REPORTS
A. President of Council
1. Councilmanic Appointment – Jodi M. Evans –
Recreation Commission
President Donchez appointed Jodi M. Evans to membership
on the Recreation Commission to fill the unexpired term of
George Yasso who resigned, effective until August 2010. Mr.
DiGiacinto and Mr. Mowrer sponsored Resolution No. 2010-48
to confirm the appointment.
Voting Aye: Mr. DiGiacinto, Ms. Dolan, Mr. Mowrer, Mr. Reynolds,
and Mr. Donchez, 5. Abstaining: Mr. Evans. The Resolution
passed.
B. Mayor
Treasurer’s Escrow Account
Mayor Callahan, affirming that City Council received a memorandum
from Dennis Reichard, Business Administrator, noted he wants
to reassure everyone that the Treasurer’s Escrow Account
was repaid by March 31, 2010. Recounting it was an issue that
has been discussed in Council Chambers and is now behind everyone,
Mayor Callahan added that he wanted to make it clear publicly.
Higbee Park – Spring Street
Mayor Callahan pointed out it was announced yesterday that
an overhaul of Higbee Park on Spring Street will be accomplished
through a $75,000 grant received from the Pennsylvania Department
of Conservation and Natural Resources (DCNR), a $15,000 grant
received from Highmark Blue Shield, a $15,000 grant received
from PNC Bank, funding from Lehigh County’s Green Futures
Fund, in-kind donation of labor from the City, and in-kind
help from the neighbors and from the Pennsylvania League of
Cities of Municipalities (PLCM). Mayor Callahan advised that
students from Calypso Elementary School attended an event
at the Ice House yesterday to develop ideas for renovating
Higbee Park. Mayor Callahan held up a photograph of Higbee
Park and the various pictures drawn by the students showing
how they would envision Higbee Park to be renovated. Mayor
Callahan affirmed that one of the activities during the PLCM
Convention that will be held in Bethlehem in June will be
to undertake the Higbee Park rehabilitation project with volunteers.
Mayor Callahan, confirming this will be the first time that
the PLCM has taken on such a project, informed the assembly
the premise was that a project like this will be undertaken
in the host municipality for every PLCM Convention in the
future in order to leave the community that hosts the Convention
in a little bit better condition. Mayor Callahan encouraged
the Members’ participation in the Higbee Park renovations.
9. ORDINANCES FOR FINAL PASSAGE
None.
10. NEW ORDINANCES
None.
11. RESOLUTIONS
A. Authorizing Application – DCNR Grant – Higbee
Park
Mr. Evans and Mr. DiGiacinto sponsored Resolution 2010-49
that authorized the application for a grant from the Department
of Conservation and Natural Resources (DCNR) for the renovation
of Higbee Park at Spring Street to add more green space, a
new play system, landscaping and improved ADA access. The
anticipated grant is in the amount of $60,000 that will be
matched with $15,000 from the City’s Parks Capital fund,
plus City in-kind work prepping the area, and $35,380 from
KaBoom for the cost of the new play system.
Ms. Dolan commented this is the kind of citizen, State, and
local participation that makes a very exciting event, and
is an example of one of the many volunteer efforts of Bethlehem
citizens. Ms. Dolan added that she will be participating in
the project.
Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
B. Authorizing Application – DCNR Grant – Greenway
Project – High Street Bridge Replacement
Mr. DiGiacinto and Mr. Mowrer sponsored Resolution 2010-50
that authorized the application for a grant from the Department
of Conservation and Natural Resources (DCNR) for the replacement
of the High Street Bridge over the South Bethlehem Greenway.
The request is a grant in the amount of $400,000 for complete
bridge replacement to retain the connection of the Greenway
underneath.
Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
C. Authorizing Records Destruction – Police Department
Mr. DiGiacinto and Mr. Mowrer sponsored Resolution 2010-51
that authorized the disposition of public records from the
Police Department as listed in Exhibit A, according to schedules
and procedures for the disposition of records as set forth
in the Municipal Records Manual approved on December 16, 2008
and Resolution 2010-6.
Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
Motion – Considering Resolutions as a Group
Mr. DiGiacinto and Ms. Dolan moved to consider Resolutions
11 D through 11 H as a group.
Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The motion passed.
D. Certificate of Appropriateness – 546 Main Street
Mr. Evans and Mr. DiGiacinto sponsored Resolution 2010-52
that granted a Certificate of Appropriateness to locate tables
and chairs on the sidewalk in the public right-of-way for
outdoor dining at 546 Main Street.
E. Certificate of Appropriateness – 500 Main Street
Mr. Evans and Mr. DiGiacinto sponsored Resolution 2010-53
that granted a Certificate of Appropriateness to locate tables
and chairs on the sidewalk in the public right-of-way for
outdoor dining at 500 Main Street.
F. Certificate of Appropriateness – 569 Main Street
Mr. Evans and Mr. DiGiacinto sponsored Resolution 2010-54
that granted a Certificate of Appropriateness to locate tables
and chairs on the sidewalk in the public right-of-way for
outdoor dining at 569 Main Street.
G. Certificate of Appropriateness – 77 West Broad Street
Mr. Evans and Mr. DiGiacinto sponsored Resolution 2010-55
that granted a Certificate of Appropriateness to install a
projecting sign supported by a metal bracket and vinyl letters
on the glass storefront at Unit 11-C, 77 West Broad Street.
H. Certificate of Appropriateness – 62 Wall Street
Mr. Evans and Mr. DiGiacinto sponsored Resolution 2010-56
that granted a Certificate of Appropriateness to accept the
substituted pavers at 62 Wall Street.
Voting AYE on Resolutions 11 D through 11 H: Mr. DiGiacinto,
Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez,
6. The Resolutions passed.
I. Approving Use Permit Agreement – Boutique at the
Rink
Mr. DiGiacinto and Mr. Mowrer sponsored Resolution 2010-57
that authorized the execution of a Use Permit Agreement between
the City and St. Luke’s Hospital and Health Network
for use of the Municipal Ice Rink for the 2010 Boutique at
the Rink for the time period May 3, 2010 to June 7, 2010,
according to the terms of the Agreement.
Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer,
Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.
12. NEW BUSINESS.
Committee Meeting Announcements
Chairman Mowrer announced the Human Resources and Environment
Committee meeting on April 21, 2010 at 7:00 PM in Town Hall.
Chairman DiGiacinto announced the Public Safety Committee
meeting on April 27, 2010 at 7:00 PM in Town Hall.
Chairman Evans announced the Parks and Public Property Committee
meeting on May 6, 2010 at 4:30 PM in Town Hall.
13. COURTESY OF THE FLOOR
Various Issues
Gary Toth, 427 E. Union Boulevard, said he is tired of his
driveway being flooded every time there is a one inch rainfall.
Mr. Toth related that he has spoken with the Public Works
Director about engineering studies but they have not been
done. Mr. Toth expressed his opinion that the Mayor should
resign since he is running for a congressional seat, or he
wants to know the amount of time spent. Questioning why citizens
are being inconvenienced by the work being done on the infrastructure
on the South Side, Mr. Toth thought that extra time should
be added to the southbound light so that the Bridge is not
backed up to Broad Street. Mr. Toth asserted that the work
should have been done before the Casino opened. Mr. Toth,
advising that he was stopped for tinting on his windows, stressed
that two unmarked Police cars should not be allowed to have
limousine tint. Mr. Toth advised that a recreational vehicle
has been parked on Elm Street for ten years and has not been
removed, despite the fact that there is an Ordinance regulating
this, and questioned when something will be done. Mr. Toth
stated that a City employee slandered a consulting engineering
company representative who was at his house.
Prohibiting Use of Handheld Mobile Telephones and Texting
David Daluisio, 3083 Clifton Avenue, Bethlehem Township,
handed to the Members of Council an article titled, Phone
Use Bans Aren’t Producing Expected Benefit. Mr. Daluisio
said he is against the ban. He noted that a Highway Loss Data
Institute study found that banning cell phone use while driving
does not decrease crashes. Referring to an article written
by a Bethlehem Police Officer that was published in the Morning
Call, Mr. Daluisio pointed out the Officer highlighted the
fact that there are State laws on the books already regulating
careless driving so there is no need for a City law that would
be a duplication. Mr. Daluisio observed that in the Pennsylvania
Vehicle Code Section 6101 it states that the provisions of
this title shall be applicable and uniform throughout the
Commonwealth of Pennsylvania and all political subdivisions
including cities, and no local authority shall enact or enforce
any ordinance on a matter covered by the provisions of the
title. Mr. Daluisio related that he heard a local restaurant
owner talking to one of his business partners whose friend
moved his business out of Bethlehem because of taxes. Mr.
Daluisio, commenting it is hard enough to keep a business
open, thought that once laws are enacted such as the potential
cell phone ban then people coming into Bethlehem may feel
they are being harassed and may decide to go to another community
instead. Mr. Daluisio, stating it is a bad potential law,
said it is illegal. Mr. Daluisio remarked that Bethlehem should
not do what Allentown has done as far as a cell phone ban,
or what has been done in other cities, and should be kept
the place to go and the place to be.
Bethlehem Fields – Lights
Joan Madzarac, 2074 Easton Road, Lower Saucon Township,
informed the assembly that Boyd Wilson has put more caps on
the street lights in Bethlehem Fields but the light trespass
has not been remedied. Ms. Madzarac related that the neighbors
tried to tell them it would not solve the problem to save
them some money and to see if they would find another solution
but no one would listen. Noting there is a law stating that
lights cannot be shining onto a neighbor’s property,
Ms. Madzarac advised the lights shine not only on her property
but also inside her home. Notifying City officials that she
called the County in 2009 to find out who could help her get
the invasive lights out of her home, Ms. Madzarac related
she was advised to talk to the City of Bethlehem to get her
complaint on record. Explaining that to her this meant City
Council, Ms. Madzarac affirmed that is where one goes in her
Township with a problem. However, Ms. Madzarac acknowledged
that is not the same system as in the City of Bethlehem where
the government has a separation of power, and she apologized
for addressing City Council instead of the Mayor. Ms. Madzarac
asked that the City withhold any money due to Boyd Wilson
until the matter of the lighting is resolved. Ms. Madzarac
stated that on April 19, Greg Cryder, City Electrician, called
her to say that he and Mr. Alkhal will visit her home tonight
to assess the situation. Ms. Madzarac expressed the hope that
there will be a favorable outcome.
Prohibiting Use of Handheld Mobile Telephones and Texting
Chuck Nyul, 1966 Pinehurst Road, informing the assembly
that each day he drives about 180-240 miles delivering sporting
goods to colleges, high schools, organizations, and so on
in a 120 mile radius, said he is against the proposed ban
on cell phones and asserted that the proposal should be dropped.
Mr. Nyul said he has not seen any accidents as a result of
the use of cell phones. Mr. Nyul highlighted the fact that
people can be seen drinking coffee while driving, smoking
cigarettes, and so on, and suggested that flip flops should
not be worn when driving.
Municipal Meetings – Web Access and Use of Projectors;
Treasurer’s Escrow
Robert Pfenning, 2830 Linden Street, referring to a Morning
Call newspaper article in which it was reported that Northampton
County Council meetings are on the web, archived, and indexed
to the agenda, thought it was a great idea that improves the
accessibility of government. Mr. Pfenning commented that at
some point perhaps Bethlehem City Council would consider doing
so. Mr. Pfenning, referring to last the Planning Commission
meeting, said it is difficult for the public to see the information
placed on easels. He noted one of the Planning Commission
members suggested that steps be taken to have the developers
project their plans on the screen for the audience since Planning
Commission members have to walk around to show the displays
to the public. In addition, Mr. Pfenning thought that option
should be utilized at Council Meetings as well. Mr. Pfenning,
referring to the Treasurer’s Escrow Account borrowing,
said he is glad to hear it has been paid back. Observing that
$1.6 million was allocated for repayment of Treasurer’s
Escrow according to the 2010 Budget, while the Controller’s
memo noted an amount of $4.2 million to be repaid, Mr. Pfenning
commented there would appear to be a $2.6 million budget overrun,
and wondered what City officials would do to address it.
Mayor Callahan explained that Mr. Pfenning is incorrect
in the sense that while the simple math is accurate it is
not how budgets work. Mayor Callahan advised part of the reason
why the Treasurer’s Escrow was higher than anticipated
was because certain revenues that were anticipated in 2009
were not received. Consequently, there was a $2.4 or $2.5
million receivable to go along with the budget. Mayor Callahan
noted that the State has slow paid the City on the grants,
as have other entities slow paid the City, and those dollars
were not received. Mayor Callahan said it is anticipated that
the City will receive the revenues in 2010 and there will
go the so-called deficit.
Mr. Pfenning said through the Finance Committee or through
Mr. Reichard directly he would like to be supplied with the
account numbers and the budgets which are being augmented
with the additional cash revenue in 2010 so he can track the
City Budget.
Mayor Callahan stated those numbers have already been supplied
to City Council.
Live Feed of Municipal Meetings
President Donchez advised that a memo was sent to the Members
of Council with the results of a survey conducted of several
Third Class Cities to find out how many have live feed of
their meetings. President Donchez added that the cable companies
will be contacted and the Information Services Bureau to inquire
about the matter.
Various Issues
Eddie Rodriquez, 1845 Linden Street, said he has great concern
about the community. Mr. Rodriquez asked that the Police Department
confront the problems of prostitution and drugs that are getting
greater. Mr. Rodriquez observed that some traffic and parking
violations are being ignored. Mr. Rodriquez added that there
is a litter problem in the City. Mr. Rodriquez asked that
the Health Bureau address the problem of syringes used by
addicts. Stressing there is a criminal element that is overwhelming
the community, Mr. Rodriquez mentioned that he will talk about
such matters at the Public Safety Committee meeting.
City Signs
John Ladics, Kaywin Avenue, referring to his comments at
the last City Council Meeting about the sign at Saucon Park
affirmed that he received correspondence from Council Member
Dolan and President Donchez regarding the matter. Noting that
the Mayor and Public Works Director also spoke to him, Mr.
Ladics advised that the sign was taken down. Mr. Ladics queried
if something can be done about the signs coming into the City
and to advertise the City more.
Hiring Police Officers; Digital Signs
Bill Scheirer, 1890 Eaton Avenue, recalling there was discussion
during the 2010 Budget Hearings about the necessity for additional
Police Officers, noted the comment was made to wait to determine
whether the crime rate increases. Mr. Scheirer highlighted
the fact that he had stated it was a matter on which the City
should be proactive. Mr. Scheirer, relating an incidence he
saw, continued on to say another argument for additional Police
Officers is to have a greater presence in monitoring traffic
related violations such as speeding. Pointing out that the
Zoning Ordinance does not address digital signs and the new
proposed Zoning Ordinance states that the messages shall last
at least ten seconds each, Mr. Scheirer noted that on the
billboard located on the Hill to Hill Bridge the messages
have been timed at seven seconds each. The new proposed Zoning
Ordinance also states that digital signs shall be equipped
with day and night dimming software to reduce the illumination
intensity of the sign. Mr. Scheirer further observed that
any sign not in conformance is grandfathered in new proposed
Zoning Ordinance.
President Donchez informed Mr. Scheirer that two new Police
Officers will be hired July 1, 2010.
In response to Mr. Scheirer, President Donchez affirmed
that he and Tony Hanna, Director of Community and Economic
Development, held a meeting with Professor Pettegrew and the
target date for the first community lecture to be held in
Town Hall is September.
Traffic Improvements – South Side; Candidacy of Mayor;
Prohibiting Use of Handheld Mobile Telephones and Texting
Mary Pongracz, 321 W. Fourth Street, remarking she is delighted
with what the Sands Casino has done with paving of the street
and improving the area, acknowledged there is inconvenience
during the project, and added there is more than one route
that can be taken in order to travel to an area. Ms. Pongracz
stressed it is an improvement to the City. Ms. Pongracz noted
that the Mayor is an American citizen and has a right to run
for whatever office he wants. She highlighted the fact that
the hours of a Mayor’s job are not nine to five and
the job is not defined by the hours worked but rather what
needs to be done to keep the city running, since a Mayor could
have to attend to a problem at Midnight, for example. Ms.
Pongracz said the fact that a person could smoke or drink
coffee while driving does not negate the fact that cell phone
use while driving is not conducive to good driving. She commended
Council Member Evans for bringing the matter before City Council.
The meeting was adjourned at 8:00 p.m.
|
