Council MInutes

June 16, 2009

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, June 16, 2009 – 7:00 PM

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

Acting President Leeson called the meeting to order. Father Anthony Mongiello, of St. Anne’s 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 J. Michael Schweder, 6. Robert J. Donchez was absent, 1.

Citation – Honoring Jule A. Cooper

Acting President Leeson stated that the Citation honoring Jule Cooper on the occasion of her retirement from the Law Bureau after 21 years of service to the City will be forwarded to her since she was unable to be present this evening.

4. APPROVAL OF MINUTES

The Minutes of June 2, 2009 were approved.

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

Keystone Grant – Bethlehem Area Public Library

Bill Scheirer, 1890 Eaton Avenue, was notified that the Keystone Grant Application listed under Resolution 11 F is for the Bethlehem Area Public Library’s Room to Grow Project and not for a community development planner.

6. OLD BUSINESS.

A. Tabled Items

None.

B. Unfinished Business

1. Establishing Article 314 – Security Cameras
2. Bill No. 28 - 2008 – Amending Zoning Ordinance – Various Sections
3. Establishing Article 1716 – Landmarks and Properties of Historical Interest

C. Old Business – Members of Council

None.

7. COMMUNICATIONS

A. Housing and Community Development Planner – Keystone Grant – Bethlehem Area Public Library

The Clerk read a memorandum dated June 11, 2009 from Irene Woodward, Housing and Community Development Planner, requesting that a resolution be considered this evening concerning an application for a Keystone Grant for the Bethlehem Public Library through the Pennsylvania Department of Education for interior improvements to the building that would include a new roof, ADA improvements to the elevator, relocation of offices on the Second Floor, and other improvements as part of their Room to Grow initiative. The City would act as the pass through for the funds.

Acting President Leeson stated that Resolution 11 F is listed on the Agenda.

8. REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Donald J. Pulley, Sr. – Electricians’ Examining Board

Dennis Reichard, Acting Mayor, read Mayor Callahan’s reappointment of Donald J. Pulley, Sr. to membership on the Electricians’ Examining Board effective until July 2012. Mrs. Belinski and Mr. Mowrer sponsored Resolution 2009-121 to confirm the appointment

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

2. Administrative Order – Rosalee Sabo – Civil Service Board – Fire

Dennis Reichard, Acting Mayor, read Mayor Callahan’s reappointment of Rosalee Sabo to membership on Fire Civil Service Board effective until June 2013. Mrs. Belinski and Mr. Mowrer sponsored Resolution 2009-122 to confirm the appointment

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

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 15 – 2009 – Amending General Fund Budget – Health Bureau Grants

The Clerk read Bill No. 15 – 2009 – Amending General Fund Budget – Health Bureau Grants, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Leeson, 6. Bill No. 15 – 2009, hereafter to be known as Ordinance 2009-16, was declared adopted.

B. Bill No. 16 – 2009 – Amending Liquid Fuels Fund Budget – 2009 Allocation

The Clerk read Bill No. 16 – 2009 – Amending Liquid Fuels Fund Budget – 2009 Allocation, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Leeson, 6. Bill No. 16 – 2009, hereafter to be known as Ordinance 2009-17, was declared adopted.

C. Bill No. 17 – 2009 – Amending Non-Utility Capital Budget – Parks/Playground Improvements, Union Boulevard – Safety Improvements, TANF Program – Repayment

The Clerk read Bill No. 17 – 2009 – Amending Non-Utility Capital Budget – Parks/Playground Improvements, Union Boulevard – Safety Improvements, TANF Program – Repayment, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Leeson, 6. Bill No. 17 – 2009, hereafter to be known as Ordinance 2009-18, was declared adopted.

D. Bill No. 18 – 2009 – Amending Community Development Budget – Year End Adjustments

The Clerk read Bill No. 18 – 2009 – Amending Community Development Budget – Year End Adjustments, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Leeson, 6. Bill No. 18 – 2009, hereafter to be known as Ordinance 2009-19, was declared adopted.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Certificate of Appropriateness – 510 High Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution No. 2009-123 that denied a Certificate of Appropriateness for light fixtures installed without HARB review at 510 High Street.

Ms. Dolan, wondering if a representative from the HARB was in attendance this evening, inquired whether anyone could provide more information.

Mr. Schweder, advising that he reviewed the pictures, noted there were two original wall lights on either side, and the installation of inappropriate modern light fixtures was completed before a Certificate of Appropriateness was obtained. Mr. Schweder confirmed to Ms. Dolan that the lights are visible from the street.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Reynolds, Mr. Schweder, and Mr. Leeson, 5. Voting NAY: Mr. Mowrer, 1. The Resolution passed.

Motion – Considering Resolutions as a Group

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

B. Certificate of Appropriateness – 42 West Market Street

Mrs. Belinski and Mr. Schweder sponsored Resolution No. 2009-124 that granted a Certificate of Appropriateness to replace the front door and replace the sill with slate at 42 West Market Street.

C. Certificate of Appropriateness – 505-507 Main Street

Mrs. Belinski and Mr. Schweder sponsored Resolution 2009-125 that granted a Certificate of Appropriateness to change the colors of the previously approved sign and change the light fixtures at 505-507 Main Street.

D. Certificate of Appropriateness – 55 West Lehigh Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 2009-126 that granted a Certificate of Appropriateness to install light fixtures, signs, AC condensing units, and to replace exterior railings at 55 West Lehigh Street.
E. Certificate of Appropriateness – 64 East Wall Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution No. 2009-127 that granted a Certificate of Appropriateness to replace a side door at 64 East Wall Street.

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

F. Authorizing Keystone Grant Application – Bethlehem Public Library

Mrs. Belinski and Mr. Mowrer sponsored Resolution No. 2009-128 that authorized the application for a Keystone Grant from the Commonwealth of Pennsylvania Department of Education for the Bethlehem Area Public Library for the purpose of carrying out the Room to Grow Project – Phase One. As required under the grant application, the facility located at 11 West Church Street, and known as the Bethlehem Area Public Library, shall be used undisturbed as a public library for 50 years or the useful life of the project to be funded by the grant, whichever is shorter.

Ms. Dolan asked if it is a 50/50 matching grant.

Irene Woodward, Housing and Community Development Planner, replied yes, it is a 50/50 match.

Ms. Dolan inquired about the status of raising the 50% match.

Diane Davis, Bethlehem Area Public Library Administrative Coordinator, confirmed that the Library does have the matching funds for the grant already in hand.

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

12. NEW BUSINESS

Committee Announcements

Committee of the Whole Meeting

Acting President Leeson announced that City Council has rescheduled the Committee of the Whole Meeting for Tuesday, July 7, 2009 at 6:00 PM in Town Hall for a Presentation on the Bi-County Health Department.

Community Development Committee

Chairman Schweder announced a Community Development Committee meeting on Wednesday, June 24, 2009 at 4:30 PM in Town Hall on the subject of projects to be funded under the Redevelopment Assistance Capital Program.

Public Safety Committee

Chairman Mowrer announced a Public Safety Committee meeting on Wednesday, July 1, 2009 at 7:00 PM in Town Hall on the subject of Establishing Article 314 – Security Cameras.

13. COURTESY OF THE FLOOR

Broughal Middle School - Preservation

Stephen Antalics, 737 Ridge Street, noted that at a recent meeting of the Bethlehem Area School District Board a Board member resented City Council’s interfering in the School Board’s business relative to the preservation of Broughal Middle School. Mr. Antalics said the Bethlehem Area School District is concerned with the academic welfare of the community, and City Council is concerned with the civic welfare of the community, and as elected officials both are under the umbrella of the general welfare of the community. Mr. Antalics stressed neither body can act out of a vacuum because the public has elected the officials in both areas. Mr. Antalics communicated it appears that historic groups, the City’s Historic Officer, and the majority of the public feel that the Broughal Middle School building should stay. Mr. Antalics urged City Council to take the initiative to invite dialogue with the Bethlehem Area School District in the interest of the community because the interest of the community is clearly to preserve Broughal Middle School. Mr. Antalics remarked it is almost criminal to destroy one of the last semblances of the historic points of interest in South Bethlehem.

Various Issues

Eddie Rodriquez, 1845 Linden Street, noted that he spoke with Stephen Nemes, Parking Authority Executive Director, about the hot dog vendor stand attached to a pickup truck parked at a meter for an extended period of time at South New Street and Fourth Street. Mr. Rodriquez related he was told that after a two hour limit the vendor has to move to another location. Mr. Rodriquez expressed his concern about a lot of drug activity in the City that must be dealt with, and he asked that citizens be alert, and not walk alone. Mr. Rodriquez suggested that people protect their businesses and their neighborhoods, keep their doors locked, their lights on, keep articles out of vehicles and lock vehicles. Mr. Rodriquez stressed that a negative element is moving into the City. Mr. Rodriquez pointed out he has been active in the community for years and will continue to do so. Mr. Rodriquez added that he thinks the Police are doing a fine job.

Dean Bruch, 555 Spring Street, noted he attended Franklin School and that was knocked down, as well as the Quinn School building. Mr. Bruch said he understands that Broughal School Auditorium has tremendous sound quality. Mr. Bruch observed one has to consider what must be done to the Broughal building, what it will be used for, and the expenditures to save it. Mr. Bruch wondered if students will have to be taken by bus to play athletics since people look towards physical fitness. Mr. Bruch thought the hot dog vendor should not stay in one place, and observed that a lot of money has been invested in various businesses.

Loop Bus - Sands Casino

Robert Pfenning, 2830 Linden Street, expressing he is in favor of the concept of The Loop bus that takes passengers from various stops in the City to the Sands Casino and back again, detailed his experiences in riding The Loop bus. Since the Loop bus he had been waiting for had broken down at the Casino he had to wait one hour for the next bus to arrive. He further explained that on the return trip from the Casino the bus driver was unfamiliar with the route and made several wrong turns, did not stop at the various points in between, and traveled on streets that were not on the route. Mr. Pfenning questioned why the Loop bus stops at Union Station in the evening in light of the fact that the facility is closed. Mr. Pfenning, noting that the contract price for The Loop bus is $360,000, said he does not remember seeing the City’s share of about $105,000 for this year in the Budget and wondered where the money is coming from.

Dennis Reichard, Business Administrator, stated that he will check with Tony Hanna, Director of Community and Economic Development.

City Towing Policy

Joellen Reichenbach, business owner at 128 East Broad Street, explained what occurred last month when her car fuel line leaked, and she was instructed by the car dealer to call the Fire Department to contain the gasoline. The Fire Department responded to her parked vehicle to address the fuel leak, and she advised the responders that she had already called for a tow truck. However, her tow truck was not allowed to pick up her car because the City’s tow truck arrived first and took her car to Sabo’s station and not to her dealership. The City’s policy is that whatever tow truck arrives first on the scene is the tow truck that must be used. Since she did not want a citation for her car leaking gasoline, she had to take the City’s tow, she had to pay $200 to take her car from Sabo’s station, $30 for clean-up, $20 to the City, and $150 for the tow. Ms. Reichenbach questioned why does the City tow truck need to be called if someone can prove to a Police Officer that the person’s tow truck is already on the way.

Stuart Bedics, Deputy Police Commissioner, advised that recently the policy regarding towing was changed. In the past, if the Police Department arrived on the scene of an accident or disabled vehicle, the owner would be allowed to call and request a tow. However, Police Officers sometimes would be waiting for extended periods of time until the private towers arrived. This year, when the towing contracts were renewed, it was decided to insert a clause whereby vehicle owners are allowed to call for their own tow, but at the same time a City contract tow would also be called. Whatever tow truck arrives first takes the tow. Deputy Police Commissioner Bedics, noting that he read the report on the incident of the disabled vehicle related by Ms. Reichenbach, explained the Fire Department wanted the vehicle removed as soon as possible and affirmed that the City contract tow arrived first and took the tow. Deputy Police Commissioner Bedics suggested that Ms. Reichenbach’s insurance company should reimburse her for the tow.

Acting President Leeson suggested that Ms. Reichenbach and Deputy Police Commissioner Bedics meet after the City Council Meeting to discuss the matter further.

Hot Dog Vendor – South Side

Tina Kowalski, owner of The Fun House on Fourth Street for 28 years, stated that the owners of the South Side Business District do not want vendors or vendor carts of any kind in the areas of Brodhead, Third Street, Fourth Street, Morton Street, Mechanic Street, and the Greenway path. Ms. Kowalski listed the reasons why the merchants do not want street vendors: mortgages of at least $3,000 per month on properties of $250,000; business loans – average of $100,000 – not $6,000 for a hot dog cart; high rents – average between $2,000-$4,000 per month – not a $10 a day parking ticket; real estate taxes, school taxes, city taxes, county taxes, sales tax, business privilege tax, corporate tax, personal income tax; utility bills; property insurance, health insurance, employee insurance – some owners are paying between $3,000-$20,000 and more annually on insurance premiums. Ms. Kowalski continued on to point out that each employer has an average of 7 to 10 employees creating hundreds of jobs while vendors do not. Vendor carts take up customer parking, tie up traffic, and make deliveries difficult. The appearance of vendor carts in the gutter depreciates the value of properties in the neighborhood. Stating that the South Side business merchants give back to the community, Ms. Kowalski said vendors do not and are parasites that live off the existence of others. Ms. Kowalski asserted it is unfair and unjust for the City to allow someone to pull up their cart at the front door of businesses and sell their food and goods out of it. Ms. Kowalski stressed that no merchant should feel intimidated about conducting business or their customers intimidated. Ms. Kowalski asked City officials to please listen to the taxpaying merchants and do the right thing. Ms. Kowalski, confirming she sent out a petition, communicated the merchants are behind her because they believe in the neighborhood, what is going on is wrong, and the ordinance needs to be changed to protect the merchants. Explaining that Mr. Padilla, the hot dog vendor, claimed the parking spot in front of Mr. Neumas’ Mexican restaurant, Ms. Kowalski explained that the vendor’s friends are hanging out there, sitting on the windowsills of the Mexican restaurant, and littering in front of the restaurant’s door, and nothing is done about the situation. Ms. Kowalski highlighted the fact that many of the business owners in attendance this evening have put a lot of money into their buildings.

Anthony Spagnola, owner of Sotto Santi Restaurant, 10 West Fourth Street, suggested that a feasible, well thought out location should be chosen for the hot dog vendor. Mr. Spagnola pointed out that if the vendor goes to a parking spot every day from 12:00 to 2:00 PM and then moves it is really not fair. Mr. Spagnola observed that, even though the vendor is in the commercial business zone, he has to be able to pay the premium price, and meet the Historic Board’s regulations. Mr. Spagnola, highlighting the fact that he is not against anyone making a living, stated all should meet the same standards such as payment of taxes including sales tax, and business privilege tax. Mr. Spagnola pointed out when his business closes people are disbursed, and yet people are blocking the sidewalk at the hot dog cart.

BEDCO

Dana Grubb, 2420 Henderson Place, recalled that about 15 years ago the Bethlehem Economic Development Corporation (BEDCO) became a partner in the Technology Center that was constructed at the south end of the Fahy Bridge through the use of public funding, most of which was Enterprise Zone funds. Mr. Grubb, noting he has brought up the issue in the past, stated about three years ago the properties in the Technology Center were sold and BEDCO received a return of about $400,000-$500,000 on its investment based on an infusion of public funding. Mr. Grubb said that public funding has never been accounted for and went back to BEDCO. Mr. Grubb thought that is how The Loop bus is being funded. Commenting that about three years ago City Council initiated an audit of BEDCO’s books, Mr. Grubb thought the $400,000-$500,000 that went back to BEDCO should be audited. Mr. Grubb communicated the money and financing that BEDCO has available to it is not being monitored properly, and not being accounted for publicly the way it should be. Mr. Grubb believed that City officials need to get a handle on the matter, so that the public understands how the money is being used. Stating he does not have a problem with the funding being used towards The Loop, Mr. Grubb said the City and taxpayers should understand how the money is being used.

Broughal Middle School – Preservation; Ben Franklin Partnership – South Mountain Project

Bill Scheirer, 1890 Eaton Avenue, expressed his understanding of the reason for the new Broughal School is that the old Broughal School was too small and they did not want to have to bus students elsewhere. Mr. Scheirer wondered why the School District did not bus students from Broughal to Nitschmann Middle School and save $55 million. Noting the Ben Franklin Partnership would like to move their headquarters from Goodman Drive to the former Homer Research Labs of Bethlehem Steel Corporation at South Mountain, Mr. Scheirer thought the City should try to minimize the damage of what he said was the mistake of initially allowing Homer Research Labs to be built because of the environmental impact. Mr. Scheirer observed that the Ben Franklin Partnership could build its complex on LVIP 7 where 31 acres are now available and is close to Lehigh University. Asserting that somehow the City has to keep the Homer Research Labs area from becoming a major employment center, Mr. Scheirer stressed that the project will cut down 36 trees for a parking deck for 145 cars, and 110 employees will be moved there from the Goodman Drive location. Mr. Scheirer pointed out that although there is a limitation on the number of stories in the CM Zoning District, there is no limitation on the height if there is a proper setback, and only a variance was needed to build four stories for the Ben Franklin building project which was approved.

Broughal Middle School – Preservation; Hot Dog Vendor – South Side

Mary Pongracz, 321 West Fourth Street, informed the assembly that Quinn School was torn down because it was ravaged by a fire. Ms. Pongracz, advising that she taught at Broughal School for 18 years, stated the history of Broughal School needs to be preserved, and remarked if there is no history then there is no soul. Ms. Pongracz stressed it is important to remember what great things were done before the technology age. Highlighting the fact that Broughal School was the work of A. W. Leh who was one of the outstanding architects of the country, Ms. Pongracz stated when a treasure is torn down, society is torn down. Ms. Pongracz remarked if a building is to be torn down because a new school is being built that does not have adequate space for athletic fields then nothing has been accomplished except to destroy history. Ms. Pongracz, explaining it is no reflection on the young man who wants to make a living through his hot dog sales, stated the rules should be followed. Ms. Pongracz stated it is a safety hazard when one turns from Fourth Street onto New Street and there is a truck and hot dog cart parked there, and further questioned what happens if the cart overturns. Ms. Pongracz pointed out that the business owners on the South Side work hard to keep their properties clean and serve their customers well. Ms. Pongracz thought something is wrong when there are no rules that state that someone may operate a business under certain conditions such as having a stable location, adequate access for patrons, safety precautions, and so on.

Hot Dog Vendor – South Side

Chris Kowalski, one of the owners of the Fun House on Fourth Street, noted he just paid off his building, he has cash register tapes that prove what he makes, he employs people, and he gives to the community while the hot dog vendor is just taking. Mr. Kowalski pointed out that the hot dog cart does not have a wheel stopper and is located on an incline in a busy location, and there is too much congestion.

Billy Kounoupis, owner of Billy’s Downtown Diner on Broad Street and Greekers on Third Street, stated he is pro-business and welcomes competition. Communicating there needs to be a fair playing field, Mr. Kounoupis commented if City Council cares about the community, the citizens, and the businesses, he urges them to pass an Ordinance so that any food vendors or street vendors are not located in the City. Mr. Kounoupis said this is not the image the City wants to show. Mr. Kounoupis highlighted the fact that a lot of the business owners have leveraged their homes, their lives, and are away from their families to be able to provide something great to the community and for themselves, and to be leaders in the community. Mr. Kounoupis stated he wants the competition to be in a building, to fix up what is decrepit and old, and to bring business into the City. Mr. Kounoupis remarked that vending is not a way to build a community.

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