Council MInutes

June 1, 2010

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, June 1, 2010 – 7:00 PM

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

Vice President Gordon B. Mowrer called the meeting to order. Milou MacKenzie, of First Church of Christ Scientist, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, David T. DiGiacinto, Karen Dolan, Eric R. Evans, J. William Reynolds, and Gordon B. Mowrer, 6. President Robert J. Donchez was absent, 1.

Citation – Honoring Jack A. Fliter, Jr.

Vice President Mowrer read a Citation honoring Jack A. Fliter, Jr. on the occasion of his retirement after 24 years of service with the Police Department. The members of Council applauded Mr. Fliter and wished him well in his retirement.

PUBLIC HEARINGS

1. Amending Community Development Block Grant (CDBG) and HOME Investment Partnership Program Budgets

Vice President Mowrer called to order a Public Hearing to receive public comment to consider revisions to the 2004, 2008, 2009 and 2010 Community Development Block Grant (CDBG) Programs, the CDBG-R Program, and the 2010 Home Investment Partnership (HOME) Programs. The purpose for these revisions is to reprogram funds from prior year programs, revise specific project budgets, and create new activities.

Irene Woodward, Housing and Community Development Planner, presented the proposed program changes, as follows: CDBG - South Side Lighting Improvements – From $23,500 to $0; South Side Lighting – From $16,284 to $0; Mountain Drive Reconstruction – From $180,000 to $150,000; Perry Street Reconstruction – From $100,000 to $88,000; Planning-DCNR Match – From $30,000 to $0 – City did not receive grant; Elm Street Streetscape Improvements – From $79,000 to $135,579; New Activity - Main Street Parking – $75,000; New Activity - South Bethlehem Parking Improvements – $21,972; New Activity - Elm Street Park Improvements –$37,431; HOME – Housing Rehabilitation – From $260,000 to $289,468; CDBG-Recovery Act Funds – Fourth Street Lighting – From $353,517 to $129,362; Greenway – From $95,809 to $319,964.

Ms. Dolan inquired about the decision-making process in increasing and decreasing accounts.

Ms. Woodward advised that many of the decreases were for activities that came under budget so there was additional revenue that could be reprogrammed for new activities. In further response to Ms. Dolan, Ms. Woodward stated that the South Side Lighting Improvements and Street Reconstruction projects came in under budget. Ms. Woodward affirmed to Ms. Dolan that the City was unable to secure a DCNR Planning grant so the $30,000 match amount was no longer needed. Ms. Woodward acknowledged that the grants are becoming more competitive.

Mr. DiGiacinto noted that at the Finance Committee meeting he had asked specifically about the CDBG funding of $75,000 for Main Street Parking Improvements. Mr. DiGiacinto asked whether the decision has been made to put in angle parking in front of the Smithy. Ms. Woodward confirmed that the angle parking project on Main Street is going forward, and the process will continue.

Mr. Reynolds recounted that at the Finance Committee meeting the Committee members took a closer look at some of the reprogrammed funds and Ms. Woodward had explained the rationale. Mr. Reynolds pointed out that the money being spent is all coming from the Federal Government, some funding is being reprogrammed, and there is no spending above the revenues already budgeted.

Public Comment

Dana Grubb, 2420 Henderson Place, asked what project the DCNR grant was going to fund.

Ms. Woodward replied it was to be used as a planning grant for the Friendship and Fairview Parks to study additional recreational opportunities.

Focusing on the CDBG funding of $75,000 for Main Street Parking Improvements, Mr. Grubb said he would like to know how any of the statutory requirements for spending is going to be met since he sees no primarily low/moderate benefit for constructing parking for businesses on Main Street, and no elimination of slum and blight.

Ms. Woodward responded it was felt it was benefiting a low/moderate income area and it was going to benefit not only the residents of that area but the businesses as well.

Mr. Grubb queried whether the residents have been surveyed to demonstrate low/ moderate income benefit. Mr. Grubb asserted there is no way the City can justify spending this money for low/moderate benefit, and stressed it is a business district. Mr. Grubb expressed he is not debating the purpose for the parking. Mr. Grubb remarked if Council supports the expenditure of $75,000 in CDBG funds he does not know where their thinking is. Mr. Grubb said there are low and moderate income people in the community who deserve to get this funding into programs that will primarily benefit them. Mr. Grubb stated that diverting this funding for angle parking on Main Street is the most ridiculous use of CDBG money he has seen. Mr. Grubb further stated that unless the City surveys every residence in that census tract block and determines that 51% or more of them are low and moderate income there is no way the expenditure can be justified since it is the residents, not businesses, that have to be benefited by CDBG money. Mr. Grubb thought that Bond Issue money should be found for the project rather than wasting $75,000 on something that has no benefit to lower income residents.

Ms. Dolan, affirming that grants follow certain rules, pointed out that the CDBG funds are audited very closely. She highlighted the fact that there are three high rise residences for seniors in that block who are low income and some are handicapped.

Bill Scheirer, 1890 Eaton Avenue, was informed by Vice President Mowrer that the area in which angle parking will be installed is across from the Moravian Book Store. Mr. Scheirer said it may be in the same tract as the high rises. He further said if the angle parking would relieve the parking pressure in the blocks between Broad Street and Union Boulevard then an argument could be made that it is of some benefit to low and moderate income residents of those buildings. He thought the primary benefit will be the businesses and institutions around the angle parking, and added that Mr. Grubb raised some troubling questions. Mr. Scheirer suggested that Council move to delete this project for further study.

Vice President Mowrer pointed out that business in downtown Bethlehem last year was terrible. Since angle parking was installed in front of the Moravian Book Store the parking spaces are always filled. He continued on to point out that businesses can employ people which creates jobs and there is a real benefit that takes place with the additional parking.

Mary Pongracz, 321 W. Fourth Street, turning to the Greenway project, noted the funding amount is increasing from $95,809 to $319,964. She questioned how it will benefit the greater majority of the people who live in the City. Ms. Pongracz observed there are houses that need to be repaired, pavements that are crumbling and so on. Ms. Pongracz thought that a better use could be found for the $224,155 dollars that was budgeted. Ms. Pongracz related that she drove past the Illick’s Mill building and thought about how much hard work was done on the project by students and adults and the benefit to the community through the preservation of the Mill.

Vice President Mowrer stated that the appropriate Ordinance will be placed on the June 15 Council Agenda on First Reading.

The Public Hearing was adjourned at 7:25 p.m.

2. Intermunicipal Liquor License Transfer Request – Steel Mill Grill and Bar, LLC

Vice President Mowrer called to order a Public Hearing to receive public comment on the request for the Intermunicipal Transfer of Restaurant Liquor License Number R-19674 owned by My Little Gypsy Rose, Inc., formerly licensed to conduct business at 1600 N. Delaware Drive, Forks Township, Northampton County, Pennsylvania to Steel Mill Grill and Bar, LLC, 322 3rd Street, Bethlehem, Northampton County, Pennsylvania.

Vice President Mowrer asked the applicant or the representative to come forward to make the presentation. No one was in attendance to present the request.

Christopher Spadoni, City Council Solicitor, stated that since the applicant or representative failed to appear he recommended that City Council deny the application under Pennsylvania law Section 47 PS 4-461.

Ms. Dolan moved to deny the request, and Mrs. Belinski seconded the motion.

Ms. Dolan asked the reason why the applicant or the representative did not come to the Meeting.

Attorney Spadoni explained that he received a telephone call from the City Clerk’s Office today. Attorney Spadoni contacted Attorney Larry Fox who had no knowledge of the matter, and he then called Attorney Harry Neuman who indicated he was the applicant’s attorney. Attorney Neuman called Attorney Spadoni back today at about 4:10 p.m. to advise he was not going to appear and he wanted a continuance by City Council. Attorney Spadoni informed Attorney Neuman that it was his understanding of the law that City Council was constrained to act within 45 days and if not it was a deemed approval. Attorney Neuman notified Attorney Spadoni that he did not have the authority to withdraw the application. Attorney Spadoni told Attorney Neuman what would be done this evening, Attorney Neuman was not in disagreement, and Attorney Spadoni conveyed the information to the City Clerk’s Office at about 4:15 p.m. Attorney Spadoni noted there were reasons for their non-appearance.

Mr. Reynolds asked if Council turns down the transfer request would it be a situation where the applicant would be looking for a transfer in the future.

Attorney Spadoni noted it is conceivable that someone at that site could request another transfer but not this applicant.

Mr. Reynolds, commenting the restaurant opened about eight weeks ago, said he was hoping they would be successful since a lot of work was put into it, and it is unfortunate if they decided not to go forward with the liquor license transfer for whatever reason.

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

4. APPROVAL OF MINUTES

The Minutes of May 19, 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)

Appointments to Zoning Hearing Board

Al Bernotas, 1004 Johnston Drive, said his comments are on behalf of the residents of the
Johnston Drive neighborhood. Mr. Bernotas read from Zoning Ordinance Article 1325 regarding appointments to the Zoning Hearing Board. Observing there is nothing that prevents women from being members of the Zoning Hearing Board, Mr. Bernotas communicated that a woman could be identified to serve on the Zoning Hearing Board. Mr. Bernotas continued on to note there is nothing that prevents the Mayor from appointing new Members to the Zoning Hearing Board, or that prevents the Mayor from accepting nominations from the public or Members of Council. He added there is nothing that prevents self-nomination from individuals who would like to serve, or that prevents City Council from affecting its Ordinance that would allow City Council to appoint members to the Zoning Hearing Board. Mr. Bernotas further commented there could be nominations from City residents, nominations from Council Members, or nominations from the Mayor. Mr. Bernotas said there is nothing preventing City Council from affecting an Ordinance that would allow City Council to remove a Zoning Hearing Board member for cause after a public hearing. Mr. Bernotas stated that, as much as the neighbors are in favor of taking the Zoning Hearing Board to court when their efforts are not in keeping with the interests and direction that City Council would like to see, the neighbors would prefer to see more control directly in the hands of City Council. He further commented that the neighbors would like to see City Council take nominations from the public for participation on the Zoning Hearing Board; they would like to see City Council select from a pool of nominees for membership; and, they would like to see City Council have the power to remove members. Mr. Bernotas expressed the gratefulness of the residents of the Johnston Drive neighborhood for City Council’s support of the neighbors’ appeal of the Zoning Hearing Board decision regarding the approved variance to build a warehouse at Elias Farmers Market in an RR-Residential Zoning District. He indicated the neighbors would like City Council to have a stronger position in the Zoning Hearing Board membership process, and added that Council has the power to do that.

Bill Scheirer, 1890 Eaton Avenue, noting that City Council appoints members to the Library Board, queried why appointments to the Zoning Hearing Board could not be by City Council subject to approval by the Mayor.

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. City Solicitor – Agreement for Construction of Highway Improvements in Exchange for Right of Way between Commonwealth of Pennsylvania, Department of Transportation, Lehigh Valley Industrial Park and City of Bethlehem – Route 412 Project

The Clerk read a memorandum dated May 27, 2010 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution for an Agreement for Construction of Highway Improvements in Exchange for Right of Way between the Commonwealth of Pennsylvania Department of Transportation, Lehigh Valley Industrial Park, and the City of Bethlehem. This is part of the overall Route 412 project which is scheduled to be let later this year.

Vice President Mowrer stated that Resolution 11 C is listed on the Agenda this evening.

B. Business Administrator – Amending Article 531 – Parking Generally

The Clerk read a memorandum dated May 28, 2010 from Dennis W. Reichard, Business Administrator, to which was attached a proposed Ordinance to amend Article 531, Parking Generally, Section 531.99, Penalty.

Vice President Mowrer referred the matter to the Public Safety Committee.

C. Business Administrator – Amending Article 533 – Parking Meters

The Clerk read a memorandum dated May 28, 2010 from Dennis W. Reichard, Business Administrator, to which was attached a proposed Ordinance to amend Article 533, Parking Meters, Section 533.99, Penalty.

Vice President Mowrer referred the matter to the Public Safety Committee.

8. REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – C. Frank Shipman – Fine Arts Commission

Mayor Callahan reappointed C. Frank Shipman to membership on the Fine Arts Commission effective until June 2013. Mr. Evans and Mr. DiGiacinto sponsored Resolution 2010-79 to confirm the appointment.

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

2. Administrative Order – William Fitzpatrick – Zoning Hearing Board

Mayor Callahan read his Administrative Order reappointing William Fitzpatrick to the Zoning Hearing Board effective until June 2013, sponsored by Mr. Evans and Mr. DiGiacinto.

Ms. Dolan expressed that Mr. Bernotas has a good point and it is something that City Council should look at now before the Members move forward. Ms. Dolan, commenting that she has learned to listen closely especially when Mr. Bernotas speaks to Council, said if he is suggesting that City Council perhaps look at these appointments, or perhaps this one in particular, then the Members should consider it. Ms. Dolan stated that, in light of the recent decision to take the Zoning Hearing Board to court, Council should take time to deliberate very closely on any appointments or reappointments that Council makes. Ms. Dolan stated there is nothing that binds Council to do this tonight, and advised she wants to look more closely into Mr. Fitzpatrick’s record on the Zoning Hearing Board. Ms. Dolan communicated she cannot say she knows for sure that he is the right person on the board when it is known that the Board has problems. Ms. Dolan informed the Members that she would make a motion that Council table the Resolution.

Tabling Administrative Order – William Fitzpatrick – Zoning Hearing Board

Ms. Dolan moved to table the Resolution. Mr. DiGiacinto seconded the motion. Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 4. Voting NAY: Mr. Reynolds and Mr. Mowrer, 2. The motion passed.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 14 – 2010 – Amending General Fund Budget – Health Bureau Grants

The Clerk read Bill No. 14 - 2010 – Amending General Fund Budget – Health Bureau Grants, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Mowrer, 6. Bill No. 14 – 2010, hereafter to be known as Ordinance 2010-14, was declared adopted.

B. Bill No. 15 – 2010 – Amending Liquid Fuels Fund Budget – 2010 Allocation

The Clerk read Bill No. 15 – 2010 – Amending Liquid Fuels Fund Budget – 2010 Allocation, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Mowrer, 6. Bill No. 15 – 2010, hereafter to be known as Ordinance 2010-15, was declared adopted.

C. Bill No. 16 – 2010 – Amending Non-Utility Capital Budget - Broad Street and Pennsylvania
Avenue Improvement Project, South Side Recreation Programs, Park/Playground Improvements – Higbee Park, Skate Park Project

The Clerk read Bill No. 16 – 2010 – Amending Non-Utility Capital Budget - Broad Street and Pennsylvania Avenue Improvement Project, South Side Recreation Programs, Park and Playground Improvements – Higbee Park, and Skate Park Project, sponsored by Mr. Reynolds and Mr. Mowrer, on Final Reading.

Amendments to Bill No. 16-2010

Mr. Evans and Mr. DiGiacinto sponsored the following Amendments to Bill No. 16-2010:

That Section 1 which reads as follows:

SECTION 1. That total appropriations in the 2010 Capital Budget for Non-Utilities be increased from Eleven Million, Six Hundred Twelve Thousand, Five Hundred Twenty-Two ($11,612,522) Dollars to Thirteen Million, Six Hundred [Seventy-Five] Thousand, Five Hundred Twenty-Two ($13,6[75],522) Dollars.

Shall be amended to read as follows:

SECTION 1. That total appropriations in the 2010 Capital Budget for Non-Utilities be increased from Eleven Million, Six Hundred Twelve Thousand, Five Hundred Twenty-Two ($11,612,522) Dollars to Thirteen Million, Six Hundred Ninety-Five Thousand, Five Hundred Twenty-Two ($13,695,522) Dollars.

That Section 2 which reads as follows:

SECTION 2. That the following allocations be changed:

From To

Park/Playground Improve $208,390 $313,390
SS Recreation Programs 9,360 19,360
Broad St. & PA Ave. Improve -0- 1,868,000
Skate Park Project 346,049 [426,049]

Shall be amended to read as follows:

SECTION 2. That the following allocations be changed:

From To

Park/Playground Improve $208,390 $313,390
SS Recreation Programs 9,360 19,360
Broad St. & PA Ave. Improve -0- 1,868,000
Skate Park Project 346,049 446,049

That Section 3 which reads as follows:

SECTION 3. That the following revenues be changed:

DCNR Grant – Higbee Park $ -0- $75,000
LC Green Future - Higbee -0- 30,000
DCED Grant – SS Recreation -0- 10,000
Broad St. & PA Ave. Grant -0- 1,868,000
Vision 2014 – Skate Park -0- [70,000]
Bikes Belong – Skate Park -0- 10,000

Shall be amended to read as follows:

SECTION 3. That the following revenues be changed:

DCNR Grant – Higbee Park $ -0- $75,000
LC Green Future - Higbee -0- 30,000
DCED Grant – SS Recreation -0- 10,000
Broad St. & PA Ave. Grant -0- 1,868,000
Vision 2014 – Skate Park -0- 90,000
Bikes Belong – Skate Park -0- 10,000

Voting AYE on the Amendments: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Mowrer, 6. The Amendments passed.

Voting AYE on Bill No. 16 – 2010, as amended: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Reynolds, and Mr. Mowrer, 6. Bill No. 16-2010, hereafter to be known as Ordinance 2010-16, was declared adopted.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Authorizing Use Permit Agreement for Public Property – Richard Scott Kelley and Has Anyone Seen My Balloon?, Inc. – Hot Air Balloon Take-Off

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution 2010-80 that authorized a Use Permit Agreement between Richard Scott Kelley and Has Anyone Seen My Balloon?, Inc. and the City of Bethlehem for use of Yellis Park, Monocacy Park Complex Athletic Fields, Saucon Park Complex Athletic Fields, Clearview Complex and the area behind the Municipal Ice Rink for Hot Air Balloon Take Off for the period June 1, 2010 to May 31, 2011, according to the terms of the Agreement.

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

B. Certificate of Appropriateness – 321 East Fourth Street

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution 2010-81 that granted a Certificate of Appropriateness to remove the west side chimney at 321 East Fourth Street.

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

C. Authorizing Agreement for Construction of Highway Improvements in Exchange for Right of Way between Commonwealth of Pennsylvania, Department of Transportation, Lehigh Valley Industrial Park and City of Bethlehem – Route 412 Project

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution 2010-82 that authorized an Agreement for Construction of Highway Improvements in Exchange for Right of Way between the Commonwealth of Pennsylvania, acting through the Department of Transportation, Lehigh Valley Industrial Park, Inc. and the City of Bethlehem, for the purpose of, among other things, the installation of improvements and accesses to Route 412 which require highway occupancy permits, traffic signal permits and drainage/utility facility permits, all in connection with the Route 412 Capacity Improvements Project, according to the Agreement.

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

12. NEW BUSINESS.

Committee Meeting Announcements

Chairwoman Belinski announced a Public Works Committee meeting on Tuesday, June 8, 2010 at 6:30 PM in Town Hall on the following: Communications Site Lease Agreement – MetroPCS Pennsylvania, LLC – 248 Garrison Street; and Renaming Founders Way to SteelStacks Boulevard.

Chairman DiGiacinto announced a Public Safety Committee meeting on Tuesday, June 15, 2010 at 6:15 PM in the Mayor’s Conference Room on the following: Amending Article 53 - Parking Generally, and Amending Article 533 – Parking Meters.

13. COURTESY OF THE FLOOR

Various Issues

Robert Pfenning, 2830 Linden Street, recounted he had noted in the past that the Treasurer’s Escrow amount in March exceeded the Budget by $2.6 million and he had asked for an explanation of the revenue amounts, and had repeated his request at the last Finance Committee meeting. However, Mr. Pfenning advised that he still does not have that information. Mr. Pfenning requested that City Council obtain the information. Mr. Pfenning, highlighting the fact that First Night will no longer be held, noted that 5,000 people attended last year and wondered why ArtsQuest cannot support the event. Mr. Pfenning questioned why alcoholic beverages must be served at events in the City. Mr. Pfenning commended the Planning Bureau for the effective use of the projector system at the last meeting that improved public access. Mr. Pfenning further applauded the Planning Bureau for putting a PDF version of the Zoning Map on the City’s website.

Eddie Rodriquez, 1845 Linden Street, asked at what part of Fourth Street will lights be decreased. Mr. Rodriquez observed there is a problem with insufficient lighting of streets, and added that trees need to be trimmed in order to have enough light so that residents can be safer. Mr. Rodriquez, stating he is not happy about it, inquired whether the angle parking will be across the street from the Moravian Book Shop. Mayor Callahan, responding yes, affirmed to Mr. Rodriquez that there is currently angle parking in front of the Moravian Book Shop. Mr. Rodriquez, querying why more barber shops are being located in the City, commented that a lot of the activities at barber shops are negative, including drug trafficking. He continued on to say that neighborhoods are being polluted with crime, violence, burglaries, muggings and stabbings. Mr. Rodriquez remarked that residents in the City are not safe. Mr. Rodriquez explained that he was attacked. Mr. Rodriquez asked the Police Department increase efforts to cite people for traffic violations and parking issues.

CDBG Funding – Main Street Parking Project

Dana Grubb, 2420 Henderson Place, expressed it is nice to see the improvements that are being made on the plaza at City Hall. Turning to the CDBG funding for the project involving angle parking on Main Street discussed earlier, Mr. Grubb said the law of the Community Development Act of 1974, as amended, requires that one of three criteria be met. It has to primarily benefit low and moderate income residents, eliminate slum or blight, or address an exigent circumstance. Mr. Grubb stated that the parking spaces are being developed so that business owners can benefit, and that the ability to define the low and moderate income benefit is extremely limited in that case. Mr. Grubb stressed that just because a project is eligible does not mean it meets the statutory requirements. Mr. Grubb said he wants to hear what has been done to meet the statutory requirements, and added he will contact HUD regarding the project. Mr. Grubb asserted there is no way that CDBG funds can be used for the project unless a survey is done of the residents in the immediate area and they agree to provide their household financial information so that it can be determined whether they qualify as low and moderate income, and that they will be the primary users of these parking spaces. Mr. Grubb, affirming he is not debating the project, stated he is debating the eligibility of the project for CDBG funds. Mr. Grubb commented that bond money should be used for the project.

Non-Profits - Taxes

Bill Scheirer, 1890 Eaton Avenue, recounted that one of the more important issues at the Small Business Administration office when he had worked there was unfair competition from non-profits. Mr. Scheirer stated if a non-profit provides a service or product in competition with a business it has an unfair advantage because it does not have to pay the same taxes. He further stated that the profits made by non-profit organizations go to the executives and boards of directors, and some top executives have very high salaries. Mr. Scheirer continued on to note that there will be a café at SteelStacks that will compete to some extent with businesses in South Bethlehem, while it will draw people who might not otherwise come to South Bethlehem. Remarking this is unfair competition, Mr. Scheirer questioned what taxes the cafe will be paying to the City.

Animal Program

Bruce Vollman, 1904-D Livingston Street, said he was directed to come to the Meeting by an animal control officer to voice his opinion regarding a trap, neuter and return animal program involving feral cats. Mr. Vollman noted the program is nation-wide and through the SPCA. Mr. Vollman explained he is being threatened by an individual who has such an establishment but he does not know who is responsible for it. Mr. Vollman expressed he is subject to this individual’s involvement in the program and he must protect himself from being homeless. Mr.Vollman added the incidents happened twice over some sort of new regulations concerning pet control. Mr. Vollman, communicating he does not know where to get an understanding of the situation, advised it has been three months of trying to obtain an understanding and of concern about his own well-being.

Vice President Mowrer asked the Mayor if there is someone who can answer Mr. Vollman’s questions.

Mayor Callahan responded he would like to hear more specifics of the situation about which he is hearing for the first time, and added that Mr. Vollman’s speaking with the animal control officer is a good start. Mayor Callahan noted that the Health Bureau can also be contacted since it deals with some of these issues. Mayor Callahan confirmed there is a trap, spay, and release program in the City. While noting it is a separate matter if someone is feeling threatened, Mayor Callahan noted that the details of the situation can be explained and the Administration will try to help.

Vice President Mowrer suggested that Mr. Vollman could meet with a member of the Administration after the Meeting or at some other time.

Louise Valeriano, 3114 East Boulevard, denoted that, as she has stated at a previous Meeting, she has had situations with feral cats. Ms. Valeriano commented that the Health Bureau could not do anything about it, and nothing could be accomplished through the Animal Control Officer. Ms. Valeriano advised that the neuter and return is an excellent program, she has had cats neutered, and the program is through Martha Cahen. Ms. Valeriano expressed the hope that the City can work with Mr. Vollman regarding the colony he has discussed. Ms. Valeriano advised that, in the past, the SPCA would not take feral cats but a recent mailing indicated they will now take them. Ms. Valeriano informed the assembly her understanding is that South Mountain is filled with cats.

The meeting was adjourned at 8:15 p.m.