Council MInutes

May 4, 2010

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, May 4, 2010 – 7:00 PM

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

President Donchez called the meeting to order. Pastor Larry Burd, of Calvary Baptist 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 20, 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)

Cell Phones

Bill Scheirer, 1890 Eaton Avenue, addressed the reasons for singling out cell phones as opposed to drinking coffee, eating, turning on the radio, etc. He said it is an act that takes a while. He said if he picks up a cup of coffee, takes a sip and puts it down again that transpires in a second or two, but if he is holding a cell phone to his ear it takes considerably longer and is easier to identify. He said he thinks because it takes a while it is more of a hazard and the mental distraction is worse. Mr. Scheirer commented that cell phones are more dangerous than some other activities because studies say it makes an accident four times as likely, about the same as driving drunk, and they are of a longer duration. He said he thinks it is more enforceable because it is a very specific act and it is identifiable. He stated that he thinks any law has to address a specific situation and has to be enforceable and that makes the cell phone ban qualify on both counts.

Stephen Antalics, 737 Ridge Street, commented that he agrees with Mr. Scheirer’s remarks and said he thinks “it’s a no brainer”.

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. ArtsQuest – Renaming Founders Way to SteelStacks Boulevard

The Acting Clerk read a memorandum dated April 22, 2010 from Jeffrey A. Parks, President of ArtsQuest, requesting to rename Founders Way to SteelStacks Boulevard. Also attached was a proposed Resolution and a letter from Sands BethWorks Retail, the owner of all the properties on the current Founders Way other than ArtsQuest, consenting to the street name change.

President Donchez referred the request to Public Works Committee.

8. REPORTS

A. President of Council

B. Mayor

C. Human Resources and Environment Committee

Chairman Gordon B. Mowrer presented an oral report of the Human Resources and Environment Committee meeting of Wednesday, April 21, 2010 at 7:00 PM in Town Hall on the following subjects: Financial Services Bureau – Pay Grade Changes; and Environmental Advisory Council (EAC) – Review.

D. Public Safety Committee

Chairman DiGiacinto presented an oral report of the Public Safety Committee meeting of Tuesday, April 27, 2010 at 7:00 PM in Town Hall on the following subjects: Amending Article 531 – Parking Generally; Amending Article 538 – Impounding Illegally Parked Vehicles; EMS Bureau - Staffing Levels and Vacancies, Call Volume and Responses, Alternative Site Plans, and First Quarter Highlights; Fire Department - Activities during First Quarter 2010, Departmental Highlights, Budgetary Matters, Personnel, Equipment, Responses, and Inspections; Police Department - Activities during First Quarter 2010, Departmental Highlights, Budgetary Matters, Personnel, Equipment, Police Block Watch Topics, Mounted Police, and Security Cameras; and Proposed Ordinance Prohibiting the Use of Hand-Held Cell Phones or Text Messaging.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES
A. Bill No. 10 – 2010 – Amending Article 531 – Parking Generally

The Acting Clerk read Bill No. 10 - 2010 – Amending Article 531 – Parking Generally, sponsored by Mr. DiGiacinto and Mr. Evans, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 531 OF THE CODIFIED ORDINANCES
ENTITLED PARKING GENERALLY.

Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 10 – 2010 was declared passed on First Reading.

B. Bill No. 11 – 2010 – Amending Article 538 – Impounding Illegally Parked Vehicles

The Acting Clerk read Bill No. 11 – 2010 – Amending Article 538 – Impounding Illegally Parked Vehicles, sponsored by Mr. DiGiacinto and Mr. Evans, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 538 OF THE CODIFIED ORDINANCES
ENTITLED IMPOUNDING ILLEGALLY PARKED VEHICLES.

Ms. Dolan stated that she thinks both of these Ordinances are a great step in the right direction, and thinks they do a great job in directly addressing parking problems in the City. She also said the increase in fees that were explained at the Committee meeting are appropriate according to the rising cost of processing the fees, the paperwork, and paying the people who handle these problems.

Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 11 – 2010 was declared passed on First Reading.

C. Bill No. 12 – 2010 – Amending Article 146 – Environmental Advisory Council

The Acting Clerk read Bill No. 12 – 2010 – Amending Article 146 – Environmental Advisory Council, sponsored by Mr. DiGiacinto and Mr. Mowrer, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 146 OF THE CODIFIED ORDINANCES
ENTITLED ENVIRONMENTAL ADVISORY COUNCIL.

Mr. DiGiacinto commented that as part of the Committee he had a chance to listen to the members of the Board speak on what their practices have been, their accomplishments and activities, and understanding that they are in a very difficult position in that they are brand new and had to start from ground zero and get to where they are. He said he was favorably impressed as to the way members answered questions, and he is very much in favor of extending the Council past the term as adopted in the original ordinance.

Mr. Reynolds stated he agrees with Mr. DiGiacinto and was at the meeting as well and thought they did a good job of explaining their role. He said he recalls when the Environmental Advisory Council was created there were some questions. Mr. Reynolds said he is happy with their role and thinks they understand that it is an advisory role and they seemed very willing to work with Council and the Administration. He said he is impressed and thinks they should go forward.

Ms. Dolan noted that on their desks this evening Council received an announcement that the EAC is sponsoring the Bethlehem Backyards for Wildlife Committee’s Gardening for Wildlife at Friendship Park on May 15 from 3:00 to 6:00 PM. She said she is happy about this because the EAC was encouraged to let Council know about all their events and what they are doing. Ms. Dolan said she thinks they are a remarkable group of people and the expertise and the amount of time they are willing to put in and their sense of appropriateness and humility is really impressive. She said she is glad to see that Council is entrusting them to go forward and not make them run through a hoop every three years. Ms. Dolan said she understands that if they do need funds they can request that through the budget process like other City-connected organizations can.

Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 12 – 2010 was declared passed on First Reading.

D. Bill No. 13 – 2010 – Establishing Article 738 - Prohibiting Use of Mobile Telephones by Persons Operating Vehicles

The Acting Clerk read Bill 13 – 2010 – Establishing Article 738 - Prohibiting Use of Mobile Telephones by Persons Operating Vehicles, sponsored by Mr. DiGiacinto and Mr. Evans, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ESTABLISHING
ARTICLE 738 OF THE CODIFIED ORDINANCES
ENTITLED PROHIBITING USE OF MOBILE TELEPHONES
BY PERSONS OPERATING VEHICLES.

President Donchez stated that Council has requested information be received prior to Final Reading from the Administration concerning signage, etc.

Mr. Evans restated some of the items he mentioned at the Public Safety Committee Meeting last week. He said when cell phones in cars are talked about words like addiction and epidemic are used which he thinks are very appropriate. He said the bottom line is that the car is not a phone booth. Mr. Evans suggested the City of Bethlehem join other cities in Pennsylvania, Philadelphia, Harrisburg, Erie, Allentown, and Wilkes-Barre, by moving on this. He said he thinks the public overwhelmingly supports it and statistics show there are thousands of crashes in Pennsylvania and people are being injured and killed. Mr. Evans reported that hopefully the State is anticipating by June 3 to have something in place but until that time he encourages Council to move forward on it. He said he hopes to put this in place so that talking on a cell phone in a car can be looked back on like driving without seatbelts or holding small children in the front seat while driving, things that are clearly dangerous and statistically proven but make all the common sense in the world. He said he hopes to take a stand on this and looks to end it. Pennsylvania has been moving forward and hopes they do pass this like New York, New Jersey, and 50 different countries who have banned it, and until Pennsylvania makes that move, Mr. Evans said he thinks it is critical that the message is sent that we want our streets safer here in Bethlehem.

Mr. DiGiacinto commented that prior to and since the April 27 Public Safety Committee Meeting there has been a considerable amount of time and input into this Ordinance. He referred to President Donchez’s remark about questions that were asked of the Administration on signage, time and costs relating to putting this Ordinance in place. He stated that it was made clear at the Committee meeting that there was additional time based on the First and Second Readings to submit additional amendments if warranted. Mr. DiGiacinto said he spent time with Attorney Spadoni on several amendments to the Ordinance as written and plans on submitting those amendments at Final Reading.

Ms. Dolan said she is wondering about the title “Prohibiting Use of Mobile Telephones” and said that is really not what this does. She said you can still use a cell phone if this ordinance is passed, but you cannot text or dial unless you pull over and also you would have to use a cell phone with a blue tooth or some other hands-free speaker or microphone device. Ms. Dolan thought this may be different from some of the other ordinances that have been passed in the Commonwealth. She commented that what she likes about it is that it hits on the most dangerous activity associated with cell phone usage which is texting and dialing while driving. She wondered if it could be considered when amending this, and if it was legal, to change “prohibiting” to be more accurate to say “regulating”.

President Donchez asked Attorney Spadoni to research that and said it could be offered as an amendment on Final Reading.

Mr. Reynolds stated that he will be voting yes on this tonight but still has many concerns that need to be answered before Second Reading. He said he has had several conversations with Mr. DiGiacinto about this and brought them up at the Committee meeting. He said some of the things he would like answered before next meeting include the question of why this is different than other State laws that Bethlehem in the past has yielded to including things such as smoking indoors in the City, and with other similar situations, where State law would have pre-empted this one. He said it seems to him that this would be taking a power that unfortunately the Third Class City Code does not give to Council. Mr. Reynolds also mentioned, as he said he did at the Committee meeting, that there are opinions from both District Attorney Morganelli and District Attorney Martin who said they do not plan on enforcing this ordinance. He said he thinks both of them have individually weighed in on other issues in the past that have come from outside of their office, for example, guns in Allentown and immigration. So, he said, he doesn’t think that they are necessarily people that don’t like to weigh in on things such as this that cities and municipalities in their counties undertake. Mr. Reynolds said he also has questions about the costs as Mr. DiGiacinto brought up. He said President Donchez has reminded the Administration that we need answers from the Legal Bureau, Police and Public Works Departments as far as a general estimate of what this is going to cost. Mr. Reynolds said Council asks lots of questions and as is often brought up, Council controls the purse strings and should be aware if there is going to be added pressure on the budget. Mr. Reynolds said he thinks everyone agrees that it is a good idea, but the only thing he disagrees with is the overwhelming amount of people who support it because if they did support it there would be more people not driving with cell phones than do. He said he thinks the State should act, as other states have, and that a message can be sent. Mr. Reynolds said he thinks the logic that a message can be sent by passing a law that some Members of Council question the ability of its enforcement is something that should be considered. He said he certainly thinks it will make the streets safer and thinks everybody does, except maybe the State Senate holding this up in Harrisburg, and that this is the way to go.

Ms. Dolan stated that on the Committee level it is very clearly on the record that this ordinance was passed with full knowledge with its enforcement limitations and full knowledge of its conflict with the Third Class City Code with the sense that the State should really step up and do something, but it certainly sends a sense of urgency. She said we can’t change everything but maybe we can just get a certain percentage of people to change their habits and get them to pull over to dial and to use hands-free mechanisms. She said that is what legislation has done before and it is always criticized when it is done, such as when the seat belt laws were passed and so many people were against it. She said it is largely symbolic, and we know that, but we want to do what is best for Bethlehem and we want to send a message. Ms. Dolan said she thinks it is good we are looking into the cost of that message but stands behind it and thinks it is worth the cost, and thinks that it is in the costs that the most benefit will be seen, even if they are meager costs.

Mr. Reynolds stated that he agrees with Ms. Dolan but questions why is it cell phones that we are throwing our hands up in disgust about. He said he has had many conversations about other things with Ms. Dolan and that if it were up to the two of them, they would probably pass very different laws about what they consider to be state issues because of their personal beliefs. He said we get frustrated with the Federal and State government’s lack of action on lots of issues that we hold dear to ourselves that we might be a little more progressive about than other people would be. Mr. Reynolds stated that with regard to discussion about seat belts or children in the front seats, he does not think that the City of Bethlehem was leading the way or passed some sort of law that led this. Usually when Council wants to protest something like this it is done by passing a resolution or writing a letter. He said he thinks Ms. Dolan and he both want to get to the same place in the end but he is not sure why the City of Bethlehem is taking this on. Referring to a few years ago to Mr. Mowrer’s indoor smoking ban, he said he thinks at that point Council was frustrated with the State’s inaction on that and then the State passed something, but at the same time it was determined that Council needed to yield to the State. Mr. Reynolds again said he would like to know why it is that we are picking cell phones to necessarily disagree with. He said he thinks all the members of Council have been frustrated with the State’s lack of action on this for years and, if it were up to Council, it probably would have passed years ago.

President Donchez stated that he supports this and agrees in a sense with the comments of all his colleagues. He said this is an issue that he hopes Harrisburg will pass and he thinks they will pass it by the time this ordinance would go into effect, by August 1. He said he thinks it is, as Ms. Dolan mentioned, like the seat belt or car seat laws, and how people opposed that. He said he thinks Mr. Scheier brought up a good point with regard to the length of time that a person is on a cell phone. President Donchez commented that this law, as opposed to the law in some communities, does not ban cell phones but requires the use of a blue tooth or hands-free device. He said the National Safety Council on January 12, 2010 estimated that 1.6 million crashes are caused by drivers using cell phones and texting each year, that is 28% of all traffic crashes. President Donchez confirmed that without Harrisburg passing this it could be challenged here, but said let them challenge the law. He thinks this is an issue of public safety not only to the people driving but also to people in opposing cars or walking. President Donchez stated he does support this but there will be amendments offered at the next meeting and Council may vote this evening on First Reading without prejudice.

Voting AYE: Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 5. Voting NAY: Mr. DiGiacinto, 1. Bill No. 13 – 2010 was declared passed on First Reading.

11. RESOLUTIONS

A. Authorizing Roadway Lighting Agreement – Commonwealth of Pennsylvania Department of Transportation

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution No. 2010-58 that authorized the execution of a Roadway Lighting Agreement between the Commonwealth of Pennsylvania, acting through the Pennsylvania Department of Transportation, and the City of Bethlehem for an electrical lighting system for the decorative lighting on State Route 412 from the intersection with Commerce Center Boulevard to the Daly Avenue Bridge in connection with the Route 412 Capacity Improvements Project, according to the Agreement. Upon completion of the Lighting System the City shall assume ownership, custody and control of the same.

Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.

B. Authorizing Landscape Maintenance Agreement – Commonwealth of Pennsylvania Department of Transportation

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution No. 2010-59 that authorized the execution of a Landscape Maintenance Agreement between the Commonwealth of Pennsylvania, acting through the Pennsylvania Department of Transportation and the City of Bethlehem for landscaped median islands along State Route 412 in connection with the Route 412 Capacity Improvements Project, according to the Agreement.

Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. The Resolution passed.

C. Authorizing Drainage Structures and Sidewalk Maintenance Agreement – Commonwealth of Pennsylvania Department of Transportation

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution No. 2010-60 that authorized the execution of a Drainage Structures and Sidewalk Maintenance Agreement between the Commonwealth of Pennsylvania, acting through the Pennsylvania Department of Transportation and the City of Bethlehem for storm water inlets, drainage pipes, curbing and sidewalks along State Route 412 from I-78 to the intersection of Daly Avenue and Fourth Street in connection with the Route 412 Capacity Improvements Project, according to the Agreement.

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. Mowrer and Mr. Evans moved to consider Resolutions 11 D through 11 G 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 – 917 Prospect Avenue

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2010-61 that granted a Certificate of Appropriateness to replace roof shingles on the front porch and side addition at 917 Prospect Avenue.

E. Certificate of Appropriateness –503 East Fourth Street

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2010-62 that granted a Certificate of Appropriateness to install a handicap ramp at 503 East Fourth Street.

F. Certificate of Appropriateness – 1007 Prospect Avenue

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2010-63 that granted a Certificate of Appropriateness to install “wrought iron” fencing at 1007 Prospect Avenue.

G. Certificate of Appropriateness – 101 East Third Street

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2010-64 that granted a Certificate of Appropriateness to install a double-sided sign and window signage at 101 East Third Street.

Voting AYE on Resolutions 11 D through 11 G: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. The Resolutions passed.

12. NEW BUSINESS.

Rescheduling Second Meeting in May to Wednesday, May 19, 2010

President Donchez accepted a motion by Ms. Dolan and seconded by Mr. DiGiacinto to move City Council’s second meeting in May to Wednesday, May 19, 2010 at 7:00 PM in Town Hall since the normal meeting date of Tuesday, May 18, is Primary Election Day.

Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. The motion passed.

Committee Meeting Announcement

Chairman Evans announced the Parks and Public Property Committee Meeting on Thursday, May 6, 2010 at 4:30 PM in Town Hall on the following subjects: Sale of Parcel of City-Owned Land on Auburn Street, and Bethlehem Raiders – Field House and Press Box.

13. COURTESY OF THE FLOOR

Bethlehem Fields – Lights

Joan Madzarac, 2074 Easton Road, Lower Saucon Township, commented that it has been one year that she has been complaining about the light trespass from Bethlehem Fields onto Lower Saucon properties. She said Niland Company is the designer and manufacturer of the so-called outdoor dark-sky compliant lights, but said evidently the City, Allied Construction, nor Boyd Wilson read the description of those lights. They are lights that are used to illuminate a large open area but their area is not a large open area. She said she thinks all parties involved have a total disregard and disrespect for their established community and Lower Saucon because it is not a part of the City. She explained that the light from 10 lights, one spotlight, and six porch lights enter her home alone, and that she cannot escape the invasion. She said she would like to know who ordered the lights because the City okayed the purchase of the wrong lighting system and now they are forced to live with the error and intrusion. Ms. Madzarac asked that the City step up and take the responsibility and expense to right this wrong. She said representatives of Boyd Wilson and the City of Bethlehem are invited to come to Lower Saucon’s Council Meeting Wednesday, May 5, to explain their refusal to correct this problem. She said she believes there are nuisance laws to protect neighbors and that Boyd Wilson could be given a citation for light trespass. Ms. Madzarac said a complaint was called into the Bethlehem Police last June but nothing was done. She requested that the Mayor do something to replace or remove the offending lights.

Videotaping of County Meetings, LOOP, and Sands Casino

Robert Pfenning, 2830 Linden Street, corrected a statement he said he made at a prior meeting when he was talking about the County’s videotaping and archiving of their meetings, saying that they are not keyed into the agendas for various reasons.

Mr. Pfenning referred to the last meeting when he asked about the $2.6 million budget gap arising from the Treasurer’s Escrow and the Mayor indicated that $2.4 or $2.5 million was grant revenue receivable and that the information had been provided to Council. Mr. Pfenning said that President Donchez via the City Clerk sent him a copy of the two-line memo that Mr. Reichard had sent to Council. He remarked that hopefully the Finance Committee can get some better answers about where the money is going to go on the revenue side in this year’s budget.

An item of old business Mr. Pfenning said he raised during the budget meetings was his objections to the $180,000 of subsidy of the LOOP. He said he thinks it is perfectly proper to subsidize downtown-to-downtown transportation because it encourages commerce, etc., however if it is simply subsidizing another bus line he did not think it was so great. He explained that last Friday he rode over to the Sands and back on public transit on the LOOP out of Broad and Guetter and observed that the downtown-to-downtown ridership was zero. He suggested that if this is in next year’s budget request for further subsidizing that Council get a little better input from the Administration concerning ridership.

Mr. Pfenning, then commenting on the game of baccarat and his hope of it being a high roller game, advised that after looking at the temporary regulations on table games that the Sands will be only offering a very low level of the game. With respect to new business regarding the Sands, he said in a press release dated April 27 the Sands announced that the ribbon was cut on the new casino in Singapore and the local paper noted that during the first day 36,000 people visited the casino. He said in another interview later on the Sands pointed out that only one percent of the Singapore facility will ultimately be the casino with 99 percent being hotel rooms, convention space, entertainment, and the sky park. Mr. Pfenning mentioned that in the article it was reported that the government of Singapore in an effort to discourage gambling addiction among its residents requires that the two casinos charge what he is assuming is a daily entrance fee, one casino at $70 and the Sands at $100. Mr. Pfenning also advised that it was reported that Sheldon Adelson had a press conference to explain that recouping construction costs from other assets such as retail and real estate is the Las Vegas Sands business model, that Macau is selling off the mall and some of the non-casino space. Mr. Pfenning referred to Communication 7 A wherein it is noted that BethWorks Retail LLC owns almost all of the property, and said he wonders when the business model of selling off retail and real estate will grab hold here in Bethlehem.

Elias Farmers Market Hearing and Parking Large Trucks on Residential Streets

Al Bernotas, 1004 Johnston Drive, stated he would like to update Council on the appeal hearing that took place this morning in the Northampton County Court of Common Pleas with regard to the Elias Farmers Market issue. He said they had a very interesting hearing today and thanked Council for voting to intervene on the residents’ behalf on this matter and appreciates Council’s support. He said Attorney David Backenstoe, representing the residents, and Attorney Spadoni did a terrific job but the outcome may not be known for 90 days. Mr. Bernotas explained the appeal may get thrown out, the variance that Elias got may be reversed, or it may be remanded back to the Zoning Hearing Board. He said he has learned to come to City Council, and that he has learned about zoning in the City of Bethlehem and is going to help the City with zoning in the future. He said he would hope that the Zoning Hearing Board supports resident property owners of the City in an equitable fashion and thinks that is what the issue is here. Mr. Bernotas said there should have been an even-handed approach with a fair hearing given to both Elias Market and the residents, and if the Zoning Hearing Board voted against the residents, so be it. He said what he has seen today on one hand was the truth because he thought there was not one misstatement of fact, no fabrication and no fiction in what Attorney Backenstoe and Attorney Spadoni had to say. But, he said, on the other hand he felt that the other two attorneys were making up fictional accounts of what was going on. Mr. Bernotas remarked that he thinks justice prevailed today and hopes the Zoning Hearing Board and staff will learn how to be even-handed with the property owners of Bethlehem.

The other issue Mr. Bernotas said he would like to address is concerning the new Zoning Ordinance which the public has not seen yet. He advised that he has seen and reviewed the Ordinance. He said Ms. Dolan had sent a request to Zoning about 13,000 lb. trucks that were allowed to park in the RR District but said he does not know what the response was to that. Mr. Bernotas said he wrote his own letter to the Zoning Hearing Board and asked for a response. He said he is very concerned about that from a neighborhood residential standpoint and asked Council to be aware of the fact and that he will continue to bring up the issue because the way that Ordinance is written it is pretty wide open to be able park large trucks on residential streets. Mr. Bernotas remarked that one of the major issues with what is going on with Elias Markets is trucks, so he thinks some definition is needed there.

Using of Social Security Numbers, Tasers, and Signage

Dana Grubb, 2420 Henderson Place, stated that as self-employed individual he has to make quarterly payments on the Local Services Tax and he receives coupons to go about doing that. He said he was very disturbed to see that his social security number appears on the form as the account number. He said he has had a discussion with the Tax Administrator who said he is looking into this, but said he did not authorize the City to use his social security number in that fashion. Mr. Grubb said he thinks this an extremely poor practice in light of today’s issues with identity theft and the Federal government advising that social security numbers should not be given out to anybody. Mr. Grubb said he thinks the City needs to have a non-identifiable numbering system for all account holders for Local Services Tax.

Mr. Grubb also commented on the tasering of a teenager in Philadelphia who had run out in the middle of a Phillies’ baseball game. Mr. Grubb said he did not think the individual was much of a threat and hopes that Bethlehem’s policies with regard to the use of tasers are extremely well-defined and don’t allow for these kinds of things that could occur. He said his assumption was that tasers were to be used as a deterrent in place of the use of deadly force.

With reference to the signage for the cell phone ordinance, should it advance, Mr. Grubb said the City had a similar experience about seven years ago with the anti-littering program when signage was purchased and placed at most of the major entry points, and actually throughout the City, to try to convince people not to litter. He said he thought that if the Administration looks at that experience they could probably get an idea of what it would take to get the signage in place for something similar.

President Donchez asked Dennis W. Reichard, Business Administrator, if the using of social security numbers on the forms from the Tax Bureau could be reviewed. Mr. Reichard said he would talk to the Tax Administrator about the matter.

Zoning and Sign on Hill-to-Hill Bridge

Stephen Antalics, 737 Ridge Street, commented that he attended a Zoning Hearing Board meeting recently and was shocked that the demolition of two fine single-family homes to become a parking lot was allowed. Mr. Antalics displayed a photo of the view of the City taken from his home from a Morning Call article from 2000. He said he purchased his home because he found that view very inspirational but recently his view has been violated by what he described as an ugly display on the Hill-to-Hill Bridge. He said it is very bothersome. He said the lighted sign is most obvious when you are traveling south and it obscures some of the historic sites of the South Side. He also mentioned that traveling south the Star on the mountain is in clear view because the foliage around it has been removed, but coming in the opposite direction it is hard to see because the foliage is overgrown. Mr. Antalics said there are other indications but wondered if there is still some subtle indifference to the South Side, primarily with the position of the sign. He asked what could be done to alleviate the problem.

Various

Mary Pongracz, 321 West Fourth Street, complimented Mr. Evans on his presentation concerning the use of cell phones but said she felt the cause of the problems with cell phones is the lack of brain cells. Ms. Pongracz then commented on the traffic problems getting across town last week, and also mentioned that she thinks people are not taught to drive properly. Ms. Pongracz remarked she does not think there is a problem with the cell phone, that the problem is with the person using it. Ms. Pongracz then urged people to exercise their right to vote and said we are dangerously close to losing our democracy. She said if people don’t speak up for what is right then wrong will prevail.

The meeting was adjourned at 8:10 p.m.