Council MInutes

January 20, 2009

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, January 20, 2009 – 7:00 PM

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

President Donchez called the meeting to order. Father Andrew Gehringer, Holy Infancy Church, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Karen Dolan, Joseph F. Leeson, Jr., Gordon B. Mowrer, J. William Reynolds, and Robert J. Donchez, 6. J. Michael Schweder was absent, 1.

4. APPROVAL OF MINUTES

The Minutes of January 6, 2009 were approved.

5. COURTESY OF THE FLOOR (for public comment on ordinances and resolutions to be voted on by Council this evening)

Golf Course Clubhouse Restaurant

Terry Meixell, 56 East Goepp Street, stated that he attended the Parks and Public Property Committee Meeting on January 13, 2009 and wanted to make a prediction on the vote concerning the Golf Course Clubhouse Restaurant. He said he wishes the rent would increase per month to $3,000 and said he believes a member of Council will try to amend it only for the extended hours. He said there are four members and if it is not a conflict of interest, it might be a bribe.

President Donchez said he would like to comment and would rule himself out of order according to Robert’s Rules of Order. He said he thought that bribe was a very strong word and as President of Council he does not believe that anyone on Council has any lack of integrity at all and takes offense to Mr. Meixell’s comment of the bribe word. He continued on to say that Council may disagree but is not a rubber stamp, and if they were, all the votes would be 7-0. President Donchez said this Council has disagreements but hopefully they are left at the table. He said this is a Council of integrity and firmly believes that. President Donchez said he thinks that was a strong word and does not appreciate it.

Chuck Nyul, 1966 Pinehurst Road, stated that he also attended the January 13 Parks and Public Property Committee Meeting and said he would like to go over a few of the items he spoke about at that time. Mr. Nyul said the question he asked at the Committee Meeting was if anybody did a survey of the golfers and how they reacted to Starters at the clubhouse and said he got nothing in the affirmative. He said he did his own survey of the 36 golfers in his league who have been together for more than 25 years. He asked the question “Did you visit Starters after golf or any other time last year?”. Mr. Nyul said 4 of the players stopped after golf for food and beverage, 9 went for a beverage but did not go into the Clubhouse, 4 visited Starters on other occasions, and 5 emphatically said they would not patronize Starters. Mr. Nyul commented that no Members of Council nor Mr. Carp made a survey, and he thinks that is Council’s homework.

John Ladics, Kaywin Avenue, reported that he made his own survey with family members and friends. He said he went to Starters during this past football season with his family and stated they all enjoyed it very much, had great food and a great time. Mr. Ladics commented that he notices that many of the public who speak at Council Meetings speak against the Councilmembers and does not understand why. Mr. Ladics stated that he thinks Council is doing a good job and that Mr. Rank at Starters Riverport is doing a good job. He said he thinks Mr. Rank should be given the chance to have a successful place at the Golf Course.

William Scheirer, 1890 Eaton Avenue, commented he was not at the Parks and Public Property Committee on January 13 but referred to a memorandum from Christopher T. Spadoni, Council Solicitor, that stated it would be appropriate if Council desired that in consideration of expanding the hours, that there be consideration for rental payment adjustment. Mr. Scheirer asked how could it be otherwise. He said it wouldn’t make sense if Council would approve a contract that it would be powerless to amend. Mr. Scheirer also observed information submitted by Meg Holland, City Controller, in which comparisons were made to Allentown’s golf course restaurant. In summarizing that information he said if the hours are increased, the rent should be raised by $6,000 per year to match the Allentown rent, the restaurateur should be given a credit of $3,000 per year for discounts and advertising that benefit the golf course proper, and the rent should go up again to cover the annual cost of $8,000 for the liquor license, for a total of $23,000 per year. He said all this is assuming that the Allentown golf course is the proper benchmark. Since it is proposed that this restaurant become a destination, the proper basis of comparison is the commercial rent paid by comparable restaurants in the city, especially since the golf course restaurant will be competing with them. Mr. Scheirer stated that in the absence of any further information on commercial rents, he would suggest that the rent for the golf course restaurant be increased to a minimum of $24,000 per year, or $2,000 per month. He said, otherwise the City will be subsidizing unfair competition.

Dana Grubb, 2420 Henderson Place, asked what the difference is between a businessman asking for support for something or an individual resident. He said there is a proposal that should be approved to expand the hours from a good businessman who runs a very nice establishment. He said on the other hand you have residents saying he’s coming to you and asking to open up the contract, expand the hours for him, maybe there should be something in it for the City. Notwithstanding the marketing he is doing and the fact that there is a very good relationship that’s been developed there, it is a business deal that should be done in the best interest of the public of which the businessman and the taxpayer are members. Mr. Grubb said he thinks there should be a level of compromise there, he gets the hours he is asking for and the City gets a little bit more rent. He said based on Mr. Scheirer’s computations, he thinks $3,000 is little bit over the top, maybe not. Mr. Grubb said he thought maybe there could be a spirit of compromise to get something for the businessman who comes with a request and the taxpayers who come with a request, too.

Chris Morales, 649 Alaska Street, commented that he did not think citizens were attacking City Council or the Ranks for starting the business at the Golf Course Clubhouse Restaurant. He said he thinks people are upset with the terms that are being negotiated. From his perspective as a young entrepreneur and business owner, he doesn’t think paying a little bit more rent should be a problem. They have two successful businesses and they are not struggling. Mr. Morales said he does not think the City should give them a stimulus package for the rent at the Golf Course location. He agrees they are very successful business owners and has no problem with them. He recalled attending Council’s budget meetings and the City looking to find places to get money. Mr. Morales stated that he thinks the terms of the agreement are a little unfair and should be negotiated.

6. OLD BUSINESS.

A. Tabled Items

None.

B. Unfinished Business

1. Establishing Article 314 – Security Cameras
2. Political Contributions and Expenditures – Proposed Ordinance
3. Gift of Real Estate – LVIP
4. Recreation Fees – Proposed Increases
5. Bill No. 28 - 2008 – Amending Zoning Ordinance – Various Sections
6. Establishing Article 1716 – Landmarks and Properties of Historical Interest

C. Old Business – Members of Council

None.

7. COMMUNICATIONS

A. Intermunicipal Liquor License Transfer – One East Broad Street

The Acting Clerk read a letter dated January 5, 2009 from Theodore J. Zeller, III requesting an Intermunicipal Transfer of Liquor License into the City of Bethlehem at One East Broad Street, Suite 100, for his client, Mountain Due, LLC.

President Donchez accepted a motion from Mr. Leeson, seconded by Mr. Mowrer, to schedule the Public Hearing on Tuesday, February 3, 2009 at 7:00 PM in Town Hall. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. The motion passed.

B. Director of Parks and Public Property – XO Communications – Easement

The Acting Clerk read a memorandum dated January 15, 2009 from Ralph E. Carp, Director of Parks and Public Property, to which was attached a proposed Resolution and Easement Agreement with XO Communications for fiber optic conduit and cable Right of Way crossing two City owned parcels for a total consideration of $3,000. Prompt consideration is requested in order to assist XO Communications with meeting their construction deadline with the Sands Casino.

President Donchez stated that Resolution 11 F is listed on the agenda.

8. REPORTS

A. President of Council

President Donchez announced that City Council will hold a Public Hearing on the Comprehensive Plan on Wednesday, February 25, 2009 at 7:00 PM in Town Hall. An Executive Session will be held on Tuesday, February 3, in the Mayor’s Conference Room at 5:45 PM to discuss litigation.

B. Mayor

1. Administrative Order – Dolores Yaschur Sproule – Fine Arts Commission

Dennis Reichard, Acting Mayor, read an Administrative Order reappointing Dolores Yaschur Sproule to membership on the Fine Arts Commission effective until December 2011. Mr. Reynolds and Ms. Dolan sponsored Resolution 2009-21 to confirm the appointment.

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

2. Administrative Order – Kenneth M. Kraft – Zoning Hearing Board

Mr. Reichard read an Administrative Order reappointing Kenneth M. Kraft to membership on the Zoning Hearing Board effective until January 2012. Mr. Reynolds and Ms. Dolan sponsored Resolution 2009-22 to confirm the appointment.

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

3. Administrative Order – Lee Cunningham - Codes Board of Appeals

Mr. Reichard read an Administrative Order reappointing Lee Cunningham to membership on the Codes Board of Appeals effective until January 2012. Mr. Reynolds and Ms. Dolan sponsored Resolution 2009-23 to confirm the appointment.

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

4. Administrative Order – Dr. David G. Beckwith – Board of Health

Mr. Reichard read an Administrative Order reappointing Dr. David G. Beckwith to membership on the Board of Health effective until January 2014. Mr. Reynolds and Ms. Dolan sponsored Resolution 2009-24 to confirm the appointment.

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

C. Parks and Public Property Committee

Chairwoman Belinski presented an oral report of the meeting held on January 13, 2009. The Committee considered the following that was tabled at the December 16, 2008 Parks and Public Property Committee Meeting: Golf Course Restaurant – Hours of Operation. The Members of the Committee moved to amend the lease agreement so that the hours would be extended until 12:00 Midnight and require that all patrons must vacate the premises by 12:00 Midnight, and that the facility be closed completely by 1:00 AM; and increase the monthly rent to $3,000. Added to the motion was that if the lease is violated in any way it is thereby void. The Committee forwarded the matter to City Council for consideration, with Mr. Reynolds stating he is voting in the affirmative in order to move the matter to City Council as a whole.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

Motion – Considering Resolutions as a Group

Ms. Dolan and Mr. Mowrer moved to consider Resolutions 11 A through 11 E as a group. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Leeson, Mr. Reynolds, and Mr. Donchez, 6. The motion passed.

A. Certificate of Appropriateness – 132 East Market Street

Mr. Reynolds and Ms. Dolan sponsored Resolution 2009-25 that granted a Certificate of Appropriateness to install a lamp post at 132 East Market Street.

B. Certificate of Appropriateness – 1762 Moravian Waterworks

Mr. Reynolds and Ms. Dolan sponsored Resolution 2009-26 that granted a Certificate of Appropriateness to restore the exterior of the 1762 Moravian Waterworks in the Colonial Industrial Quarter.

C. Certificate of Appropriateness – 89 West Church Street

Mr. Reynolds and Ms. Dolan sponsored Resolution 2009-27 that granted a Certificate of Appropriateness to renovate the exterior of building at the rear of the property at 89 West Church Street (The “Day House”).

D. Certificate of Appropriateness – 56 East Market Street

Mr. Reynolds and Ms. Dolan sponsored Resolution 2009-28 that granted a Certificate of Appropriateness to replace existing asphalt shingles on the porch roof at 56 East Market Street.

E. Certificate of Appropriateness – 472 Main Street

Mr. Reynolds and Ms. Dolan sponsored Resolution 2009-29 that granted a Certificate of Appropriateness to install window sign at 472 Main Street.

Voting AYE on Resolutions 11 A through 11 E: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Leeson, Mr. Reynolds, and Mr. Donchez, 6. The Resolutions passed.

F. Approving Easement Agreement – XO Communications – Vicinity of Trone Street and Fortuna Street

Mr. Reynolds and Ms. Dolan sponsored Resolution No. 2009-30 that authorized the execution of an Easement Agreement with XO Communications for the purpose of granting permission to construct, operate, and maintain its communications facilities on City property in the area of Trone Street and in the area of Fortuna Street, in accordance with the Agreement.

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

G. Amending Lease Agreement – Golf Course Restaurant

Mrs. Belinski and Mr. Mowrer sponsored a Resolution to amend the Lease Agreement for the Golf Course Clubhouse Restaurant between the City of Bethlehem and Starters Golf, LLC, adopted under Resolution 15,286 on March 18, 2008 which reads as follows:

3. Rent

(b) Second Year (January 1, 2009 to December 31, 2009) – The parties hereto
have agreed upon a zero percent (0%) increase.

4. Hours of Operation – Second Paragraph

During the active golf period of the lease, unless otherwise indicated herein or otherwise directed by the Director of Parks & Public Property, the restaurant business shall be open daily, including Sundays and holidays, unless otherwise directed by Lessor.
The hours of operation shall be from at least 6:30 a.m. until 10:00 p.m. After 10:00 p.m. and during the non-peak periods of the lease the hours of operation shall be determined by mutual agreement between the Lessor and Lessee.

to be amended to read as follows:

3. Rent

(b) Second Year (January 1, 2009 to December 31, 2009) the monthly rent shall be
$3,000.00 payable on the first day of each month in succession.

4. Hours of Operation – Second Paragraph

During the active golf period of the lease, unless otherwise indicated herein or otherwise directed by the Director of Parks & Public Property, the restaurant business shall be open daily, including Sundays and holidays, unless otherwise directed by Lessor.
The hours of operation shall be from at least 6:30 a.m. until 12:00 Midnight. All patrons must vacate the premises by 12:00 Midnight, and the facility must be closed completely by 1:00 a.m.

Add new paragraph 35. to read as follows:

35. Violation of Lease. If the lease is violated in any material way, the lease shall be
void and of no further force or effect whatsoever.

Motion to Amend

Ms. Dolan made a motion, seconded by Mr. Mowrer, to amend Resolution 11 G to read as follows:

WHEREAS, the Council of the City of Bethlehem adopted the Lease Agreement for the Golf Course Clubhouse Restaurant between the City of Bethlehem and Starters Golf, LLC, under Resolution 15,286 on March 18, 2008.

Bethlehem City Council endorses the request made by the Director of Parks and Public Property to extend the hours of the Golf Course Restaurant until midnight. Furthermore, in accordance with the terms of the lease, City Council recommends that the Director of the Parks and Public Property explore the potential of increasing the rent by a percentage of gross revenues at the conclusion of 2009.

Mrs. Belinski stated that she has spent a lot of time and has done extensive research and thinks Mr. Rank is getting an extremely lucrative deal. If he went elsewhere to get a liquor license it could cost as much as $160,000. The City owns and controls the liquor license and allows the use of the license for whoever is running the restaurant. The transfer is what he is paying for which is $650. Mrs. Belinski said perhaps the proposed rent of $3,000 could be lowered per month. She said Meg Holland, City Controller, gave to Council a lengthy analysis wherein Ms. Holland stated she thought this was a fair rent because Mr. Rank put $410,000 in the restaurant which he would not be taking back. Mrs. Belinski said she disagrees with that and the information provided has no relevance. The only other restaurant that has any relevance to the City of Bethlehem is the Allentown Municipal Golf Course Restaurant. Mrs. Belinski referred to Ms. Holland’s analysis of full service restaurants who pay taxes and heating and water bills. She said Allentown is half the size of Bethlehem’s restaurant, and is reported to be putting in numerous remodeling costs. She said the only thing the City of Allentown is contributing is new bathrooms and locker rooms. That trade off would be the City of Bethlehem putting in $50,000 for correcting code violations, new heating and air conditioning. Mrs. Belinski explained the reason she wanted the invoices was to find out about new windows in the restaurant that hadn’t been brought up before. Again, Mrs. Belinski said perhaps the rent could be lowered from the $3,000 amount.

Ms. Dolan commented that the lease was negotiated less than one year ago. A contract was made after a RFP process, the rent was established at the same level it had been for years, and now we have a situation where this businessman can be even more successful and bring in more patrons and make this an even more valuable asset to the City of Bethlehem by being open for two more hours. Ms. Dolan stated that good questions have been raised by the public. She asked if the City should benefit from this. She said the answer is ultimately absolutely yes, this is a contract less than a year old. She said having spent some time in the restaurant business as a younger woman, she said no matter how successful Starters Riverport is or any other Starters Restaurant, you cannot judge the success of a restaurant in a couple of months, and how much actual cash this restaurateur is clearing. With the amount of money that was put into the restaurant, Ms. Dolan said she does not think the City will have adequate information to truly assess what the rent or revenue share would be until at least the one year mark. She commented that she would not do something as a City Councilwoman that she would not do as a citizen. If she were a landlord, she would not raise the rent on an apartment that she leased to someone for a year in the middle of the year, especially if they had painted the rooms, fixed it up and planted flowers. She said she wouldn’t punish them or do something she considered to be unethical in the middle of the year after a contract was signed. Ms. Dolan stated that this contract opens up for substantial review at the end of 2009. She said she thinks Council is sending a clear message to Mr. Carp that is a good time to begin a fair assessment that would perhaps include revenue sharing that would be a fair way of everyone in the City of Bethlehem benefiting from what she hopes to be the success of the Golf Course.

Mr. Mowrer noted this is the first time the restaurant has been successful in the last 35 years and thinks that is significant. He said this is the first time someone has been brought in and done well and has made money. He said he has heard good reports and said he has been there. Mr. Mowrer added that he is thrilled that it is a success and commends him for that. Mr. Mowrer said he thought the Controller suggested in her report that the City review the rent after six to ten years and said he would follow that recommendation. He did not think this is the appropriate time to change the rent. He said he is in favor of giving the hours and keeping the charges and rules as is.

Mr. Reynolds referenced Councilwoman Dolan’s amendment which reads “in accordance with the terms of the lease, City Council recommends that the Director of Parks and Public Property explore the potential of increasing the rent by a percentage of gross revenues at the conclusion of 2009”. He commented that he thinks this would be a wise move for the City for revenue sharing if it is successful, as Mr. Mowrer mentioned. Mr. Reynolds, referring to surveys that have been done, said the most powerful survey he thinks was the survey by the golfers of Bethlehem and the Lehigh Valley that in 2008 led the City to take in $200,000 more in revenue than in previous years. Mr. Reynolds stated as was said at the Committee meeting when golf was down nationally and at the nine-hole course the 18-hole course was up $200,000. He said the pro shop had a significant percentage increase. He said meetings are held talking about how the City needs to increase its revenues and the Golf Course has. Mr. Reynolds commented that he thinks it would be wise to continue the partnership. With reference to the idea of him having a conflict of interest in voting for this, Mr. Reynolds stated that he checked with Council Solicitor Christopher Spadoni who advised there would be no conflict. Mr. Reynolds said he will be voting in favor of this.

Mrs. Belinski commented that Ms. Holland had stated that the amount invested was more than $500,000 and that the number would come down to $410,000 in what would remain City property if the lease is not renewed. Mrs. Belinski stated she wanted to see the invoices for good reason. She said she went through what was given and was looking to see what would go with him if he left. She said Mr. Chanitz took all his kitchen equipment with him when he left. Mrs. Belinski said there is now new equipment in the amount of $162,880, audio visual, flat-screen TVs at approximately $54,000, and computer software, which is all included in that $410,000. She said she hasn’t seen invoices for windows. There’s an invoice for menu jackets for the menus and small wares. She asked why we are paying for a legal fee and said this is all included in that money. Mrs. Belinski went on to mention we are also paying for Bethlehem Sporting Goods uniforms. Mrs. Belinski said she does not think these are permanent improvements, and if this lease should end at the end of the year he is going to be taking a lot with him. She said she does not think it is a valid comparison. She said Ms. Holland has made comparisons with full service restaurants. Mrs. Belinski said you cannot make comparisons with someone who is not paying any taxes. She said the City is paying the heating and water, and clearing the road. Mrs. Belinski stated she would consider the rent changed to $2,000. She commented that she also has heard there are bands brought in and people are staying until 2:30 a.m. She thinks the premises should be vacated by the patrons by midnight with the help leaving by 1:00 a.m. Mrs. Belinski said this is Mr. Rank’s lease. He agreed to this and is the one who asked for it to be amended. She said she thinks it should be able to be amended to increase the rent.

President Donchez stated he will support this amendment. He mentioned, as Mr. Mowrer said, if you go back for 25 years the restaurant was a failure and did not make any money for a variety of reasons. He commented that looking back on when this was first voted on a year ago, no one knew if this would be a success or not. Allentown is looking at the success of Bethlehem and looking at the numbers for the Brew Works. Since negotiations will start in the next few months for the next lease, he said he thinks Mr. Carp, the Administration, and hearing from members of Council, that an increase in the rent would be supported, and possibly be based on the gross receipts. President Donchez commented that this is a restaurant that is not just a restaurant for the golfers as it was in the past but it has become a destination for people to go out to have lunch, breakfast or dinner and bring friends. He said it is a success and as Mr. Reynolds said the revenues are up by almost $300,000 and we should be doing everything possible to build the restaurant up. He said Bethlehem is the envy of Allentown and other places and we should feel lucky we have a successful enterprise in the City.

Voting AYE on the Amendment: Ms. Dolan, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 4. Voting NAY: Ms. Belinski and Mr. Leeson, 2. The Amendment passed.

Voting AYE on the Resolution as Amended: Ms. Dolan, Mr. Mower, Mr. Reynolds, Mr. Donchez, 4. Voting NAY: Ms. Belinski and Mr. Leeson, 2. Resolution 2009-31 was adopted.

12. NEW BUSINESS

None.

13. COURTESY OF THE FLOOR

Golf Course Restaurant; Robert’s Rules of Order

William Scheirer, 1890 Eaton Avenue, commented that some of the Members of Council argued that the contract should not be amended so soon, but yet voted to amend it. He said in other words, the restaurateur got a benefit but didn’t pay any additional costs.

Mr. Scheirer read two sentences from Robert’s Rules of Order as follows: “When a question is pending, a member can condemn the nature or likely consequences of the proposed measure in strong terms but he must avoid personalization, and under no circumstances can he attack or question the motives of another member. The measure, not the member is the subject of debate.” He said strictly speaking that applies to Members of Council but believes the Solicitor would support him in saying that the clear implication is that it also applies to the members of the public.

Golf Course Restaurant

Chuck Nyul, 1966 Pinehurst Road, noted that when his golf league of 36 and Burron’s league of 70 are at Starters during the supper time frame, there is no room to seat anyone else. He said if the women’s league would all be in there, he doesn’t know where anyone would sit. Mr. Nyul asked what the active golf period is.

Mrs. Belinski replied she thought that would be the peak hours from March 15 until November 15 and the rest of the year is considered non-peak hours. Mr. Nyul asked why because if it is a nice sunny day, it doesn’t matter. He said he thought the Golf Course was open 365 days a year for golf. He said Christmas Day is the only day it is closed. Mr. Nyul said the previous day there was a lot of snow on the ground and the Golf Course was closed, but Starters was open. He asked how much insurance Starters has for that building plus all the professional equipment that is in there. Mr. Nyul asked if the City is insured and if Starters is insured. He then asked how the equipment in the pro shop gets paid for. Mr. Carp asked for clarification of what is meant by equipment in the pro shop. Mr. Nyul answered hats, gloves, balls, clubs. Mr. Carp said they are purchased through the Golf Course Operating Budget and that the Golf Course operates as an enterprise fund.

Mrs. Belinski stated that from what she knows the City has an umbrella policy that covers all the City buildings. She said the clubhouse is a City building but said when Mr. Rank had the liquor license and if there was any liability associated with that Mr. Rank was liable.

Taxes on Churches

Stephen Antalics, 737 Ridge Street, referenced the last City Council Meeting and the mention of taxes and a church that has now become a warehouse with religious artifacts. He said he received information from Attorney Spadoni from the Pennsylvania Constitution, Article 8, which stated a building is an actual place of worship for the purposes of tax exemption if the building’s primary use is for regularly stated religious worship. He said he spoke with the Assessment Office in Easton and the person he spoke to suggested someone follow up on the matter. The person told him that to be heard by the Board of Appeal you have to be the appropriate party. The appropriate party must possess legal requisite to challenge a ruling on tax exemption, i.e. either a municipality or school district. Mr. Antalics said he informed the School District and they were excited about it because they are $5 million behind. He said he thinks the municipality should appeal to the Board of Appeal at the County level to remove these buildings which are now warehouses for religious artifact as no longer tax exempt. He said this property is worth millions of dollars. He suggested the City look into this because there could be a reasonable amount of taxation for the City and the School District. He asked if someone from the Administration or Legal Bureau could comment on that.

President Donchez asked that the City Council Solicitor look into the matter. Mr. Antalics thought the matter should be appealed and that no discussion would be necessary. Mr. Antalics commented that money is being lost and asked how many warehouses are tax free.

Snow Removal

Dana Grubb, 2420 Henderson Place, commented on a memorandum sent to City Council from Michael Alkhal, Director of Public Works, on which he was copied. He said he did clarify this with Mr. Alkhal, but wanted to reinforce the fact with Council, that it was not his conclusion that the snow removal was disgraceful on December 19. He said it was the conclusion of a number of visitors he had who came into town.

Signs

John Ladics, Kaywin Avenue, with reference to permission that was given by the Planning Commission for the sign for the Casino which reads Bethlehem Sands, stated he thinks it is a good idea to put the sign there. Also, he said he thinks it would be nice at Illick’s Mill Road and Center Street if there would be a sign for Starters at the golf course. Mr. Ladics commented that he also thinks there should be a sign stating where Bethlehem starts and ends in the area by Hellertown, and that the City should be advertised with signs.

President Donchez stated he did a follow-up after Mr. Ladics’ comments at the last City Council Meeting and the Administration will be conducting a study for signage in the Spring.

Golf Course Restaurant, Taxes on Churches

Chris Morales, 649 Alaska Street, following up on Mr. Ladics’ comments, stated that maybe if the rent at the golf course restaurant is increased money could be used to put up signs. Mr. Morales then commented on the difference between commercial leases and residential leases. With a commercial lease for a restaurant wanting to extend the hours, he said there would be more wear and tear, and there should be more money for the landlord. He said it’s not as if flowers are being planted and walls are being painted. Mr. Morales, referencing Mr. Antalics comments on the churches being used as warehouses, said he agrees that taxes should be paid and it would help with the school district’s budget. He also said he thinks the church being turned into a restaurant is a good use of an empty building. Mr. Morales said he thinks buildings tend to be eyesores when they are empty.

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