Council MInutes

October 6, 2009

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, October 6, 2009 – 7:00 PM

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

President Donchez called the meeting to order. Reverend Nancy Bouchard, of Unitarian Universalist 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, J. Michael Schweder, and Robert J. Donchez, 7.

4. APPROVAL OF MINUTES

The Minutes of September 15, 2009 were approved.

5. COURTESY OF THE FLOOR (for public comment on Ordinances and Resolutions to be voted on by Council this evening – 5 Minute Time Limit)

None.

6. OLD BUSINESS.

A. Tabled Items

None.

B. Unfinished Business

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

C. Old Business – Members of Council

None.

7. COMMUNICATIONS

A. Business Administrator – 2009 Pension State Aid

The Clerk read a memorandum dated September 24, 2009 from Dennis W. Reichard, Business Administrator, advising that State Pension Aid in the amount of $2,787,060.20 was received, and the proceeds have been allocated to the Police, Fire, and PMRS Pension Plans, and to the Pension Bond Payment of May 1, 2009.

President Donchez stated that the Resolution will be listed on the October 20 Agenda.

B. Public Works Director – Winter Traffic Services Agreement – PennDot – 2009-2014

The Clerk read a memorandum dated September 29, 2009 from Michael Alkhal, Director of Public Works, attached to which was the Winter Traffic Services Agreement with PennDot covering the five year period starting 2009-2010 through 2013-2014. Payment to the City from PennDot is made electronically for the City to provide snow and ice removal for State roads within the City limits.

President Donchez stated that Resolution 11 F is listed on the Agenda for this standard Agreement that begins October 15 for the 2009 Winter Season.

C. City Solicitor – Traffic Signal Easement Agreement – PennDot – Third Street

The Clerk read a memorandum dated September 30, 2009 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution authorizing the Mayor and Controller to execute Traffic Signal Easement Agreements with the Commonwealth of Pennsylvania Department of Transportation on land owned by the City at three intersections: Third Street and Wyandotte Street, Third Street and New Street, and Third Street and Webster Street.

President Donchez stated that the Resolution will be placed on the October 20 Agenda.

D. City Solicitor – Lease Agreement – Adams Outdoor – 127 River Street

Ms. Dolan inquired if the compromise regarding site lines so that the viewscape is not disrupted can be explained prior to the next City Council Meeting. Mayor Callahan responded in the affirmative.

Mrs. Belinski, Chairwoman of the Parks and Public Property Committee, confirmed that a representative from Adams Outdoor Advertising contacted her to explain that the billboards would be removed from Route 378 and put across from Fritch Fuel Company. Mrs. Belinski affirmed that she, along with Mr. Reynolds and Mr. Schweder, members of the Parks and Public Property Committee, did not feel a meeting was needed on the matter.

President Donchez stated that the Resolution will be placed on the October 20 Agenda.

8. REPORTS

A. President of Council

None.

B. Mayor

None.

C. Finance Committee

Chairman Leeson presented an oral report of the Finance Committee meeting of Tuesday, September 29, 2009 at 4:30 PM in the Mayor’s Conference Room. The Committee recommended that Council adopt Ordinances for the following: Amending General Fund Budget: Health Bureau Grants; Parks Department – Temporary Help; and Police Department – Overtime; Amending Non-Utility Capital Budget: Parks Department – Park/Playground Improvements; Planning Bureau – Eastern Gateway Streetlight Project; Parks Department – DAR Memorial House; and TANF Program – Repayment; Amending Community Development Budget: Reprogramming Funds; and American Reinvestment Recovery Act (ARRA). The Committee recommended that Council adopt Resolutions for the following Transfers of Funds: Mechanical Maintenance – Overtime; Traffic Maintenance – Overtime; Golf Course – Overtime; City Clerk’s Office – Fireproof Filing Cabinet. The Committee also received the Auditors presentation on the 2008 Audit, Single Audit, and 911 Fund Audit. The Committee requested that, in the future, the Auditors deliver the Audit documents in advance to the City Clerk’s Office, as well as to the Administration, along with a letter from the Auditors explaining any incomplete items. The Members of the Committee requested that the following items be placed on the Finance Committee’s Agenda: Renewal of the Audit Contract with Maher Duessel; Grants Management and Administration; Treasurer’s Escrow Account; and Budgetary Deficiencies.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 23 – 2009 – Amending General Fund Budget – Health Bureau Grants, Parks Department – Temporary Help, Police Department – Overtime

The Clerk read Bill No. 23 – 2009 – Amending General Fund Budget – Health Bureau Grants, Parks Department – Temporary Help, and Police Department – Overtime, sponsored by Mr. Reynolds and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2009.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 23 – 2009 was declared passed on First Reading.

B. Bill No. 24 – 2009 – Amending Non-Utility Capital Budget – Parks Department – Park/Playground Improvements, DAR Memorial House, Planning Bureau – Eastern Gateway Streetlight Project, TANF Program – Repayment

The Clerk read Bill No. 24 – 2009 – Amending Non-Utility Capital Budget – Parks Department – Park/Playground Improvements, DAR Memorial House, Planning Bureau – Eastern Gateway Streetlight Project, and TANF Program – Repayment, sponsored by Mr. Reynolds and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2009 CAPITAL BUDGET FOR NON-UTILITIES.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 24 – 2009 was declared passed on First Reading.

C. Bill No. 25 – 2009 – Amending Community Development Budget – Reprogramming Funds, American Reinvestment Recovery Act (ARRA)

The Clerk read Bill No. 25 – 2009 – Amending Community Development Budget – Reprogramming Funds, and American Reinvestment Recovery Act (ARRA), sponsored by Mr. Reynolds and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE COMMUNITY DEVELOPMENT BUDGET FOR 2009.

Mr. Leeson stated that he represents the YMCA as legal counsel and the Catholic Charities as legal counsel but he does not have any ownership interest in either entity. Mr. Leeson commented that he will abstain from voting on these two items.

Ms. Dolan recounted that the various Community Development Budget adjustments were discussed thoroughly at the September 29 Finance Committee meeting, and there were some questions from Chairman Leeson. Ms. Dolan noted that the line items listed in Bill No. 25 to be funded under the CDBG Recovery Program address problems that are being faced in the City now such as an increase in homelessness and people out of work reflecting the economic downturn. Affirming that the programs to be funded were thoroughly reviewed, the organizations had to submit budgets, and there will be close review of expenditures, Ms. Dolan communicated that the programs will make the City a better place for those citizens at the lowest end of incomes and who need help now.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson (with the exception of the following stated abstentions), Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Abstaining on the line items for the Bethlehem YMCA and Catholic Charities: Mr. Leeson, 1. Bill No. 25 – 2009 was declared passed on First Reading.

11. RESOLUTIONS

Considering Resolutions as a Group

Mr. Mowrer and Mr. Leeson moved to consider Resolutions 11 A through 11 D as a group. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The motion passed.

A. Transfer of Funds – Mechanical Maintenance – Overtime

Mr. Reynolds and Mrs. Belinski sponsored Resolution 2009-171 that transferred $4,000 in the General Fund Budget, from the following Accounts: $2,000 – Mechanical Maintenance – Gasoline and $2,000 – Mechanical Maintenance – Lubricants to the Mechanical Maintenance – Overtime Account to pay overtime costs through the end of the year.

B. Transfer of Funds – Traffic Maintenance – Overtime

Mr. Reynolds and Mrs. Belinski sponsored Resolution 2009-172 that transferred $1,500 in the General Fund Budget, from the following Accounts: $1,000 – Traffic Maintenance – Operating Supplies and $500 – Traffic Maintenance – Training and Safety to the Traffic Maintenance – Overtime Account to pay overtime costs through the end of the year.

C. Transfer of Funds – Golf Course – Overtime

Mr. Reynolds and Mrs. Belinski sponsored Resolution 2009-173 that transferred $8,500 in the Golf Course Enterprise Fund Budget from the Golf Salaries Account to the Golf Overtime Account to pay overtime costs through the end of the year.

D. Transfer of Funds – City Clerk’s Office – Fireproof Filing Cabinet

Mr. Reynolds and Mrs. Belinski sponsored Resolution 2009-174 that transferred $2,075 in the General Fund Budget from the City Council – Other Expenses Account to new City Council - Equipment Account to purchase a fireproof filing cabinet for permanent record books in the City Clerk’s Office.

Voting AYE on Resolutions 11 A to 11 D: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The Resolutions passed.

E. Certificate of Appropriateness – 337 S. New Street

Mr. Reynolds and Mr. Mowrer sponsored Resolution No. 2009-175 that granted a Certificate of Appropriateness to install glass and tile on the small storefronts at 337 South New Street.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The Resolution passed.

F. Authorizing 2009-2014 Winter Traffic Services Agreement – PennDot

Mr. Reynolds and Mr. Mowrer sponsored Resolution 2009-176 that authorized the Mayor and the Controller to execute the PennDot Winter Traffic Services Agreement for the winter seasons 2009-2010 through 2013-2014.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. The Resolution passed.

12. NEW BUSINESS.

Committee Meeting Announcement

Chairman Schweder re-announced a Community Development Committee meeting on Thursday, October 15 at 7:00 PM in Town Hall on the Proposed 2010 CDBG and HOME Programs.

Washington Avenue – Removal of Branches

Mrs. Belinski noted that on Washington Avenue she saw an Asplundh truck and the operator was taking down branches from the trees located in the street island area. Mrs. Belinski wondered why the City is subcontracting to have this work done.

Jody Reppert, Parks and Public Property Department Business Manager, stated that she would check into the matter.

13. COURTESY OF THE FLOOR

Bethlehem Fields - Lights

Joan Madzarac, 2074 Easton Road, Lower Saucon Township, stated she is at the meeting to again make an appeal to have five street lights, one flood light, and six porch lights that are directed on her property from the Bethlehem Fields project on Cherry Lane and Easton Road removed or changed to environmentally friendly lights. Ms. Madzarac asserted that the street lights can be replaced with lights facing downward and towards I-78, the flood light removed or lowered, and the porch lights recessed into the ceiling of the porches. Ms. Madzarac stressed that the City’s Electrical Inspector allowed Boyd Wilson to turn on the lights on September 3, 2009 and she has been suffering with the lights shining in her bedroom, bathroom, porch, dining room, and kitchen, and directed on her garage, barn, and trees. Ms. Madzarac pointed out that the lights light up 100 square feet of her property and there is no way her trees can block away the lights. Continuing on to inform the assembly that Boyd Wilson claimed that trees they will plant at the end of October will block the lights, Ms. Madzarac remarked this is not true because it is only a band aid and stated that a more permanent solution is required. Ms. Madzarac communicated that she cannot wait 5-10 years for trees to mature in order to block out the lights and there is no guarantee that plan will work while her plan will work immediately. Ms. Madzarac asserted that Boyd Wilson would rather fight in court than to spend $2,000-$3,000 for proper lights. Ms. Madzarac advised that she has a catalog that lists neighbor and environmentally friendly lights, but the contractor refuses to install them. Ms. Madzarac informed the Members that the District Attorney’s Civil Courts division told her that she should not have to alter her life, her home, or move her house because a housing project went up in her neighborhood. Ms. Madzarac notified the Members that on August 3, 2009 Boyd Wilson’s owner and an entourage saw the effect these lights have on the neighbor’s houses and they walked away laughing. Ms. Madzarac stressed the neighbors are innocent people who are being made to suffer because Boyd Wilson, Allied Construction, and Done Right Electric made a bad purchase and the City of Bethlehem’s electrical inspectors made a bad call. Ms. Madzarac highlighted the fact that no one in the room would want these lights in their neighborhood. The neighbors have been complaining for five months, and the owners have done nothing. Noting the owners have until the end of October to do something or the neighbors will push the matter forward, Ms. Madzarac advised she will not have another miserable summer like this past summer because she must be able to open her windows.

Elias Farmers Market - Linden Street and Johnston Drive – Zoning Hearing Board Decisions

Al Bernotas, 1004 Johnston Drive, explained that he would like the Members of Council to remember that the Zoning Hearing Board is using their power inappropriately, and Zoning enforcement is not helpful to the residents of Bethlehem. Mr. Bernotas related that on August 26, 2009 a dimensional variance was granted to Elias Farmers Market located at the corner of Linden Street and Johnston Drive. The Zoning Articles to be appealed that the residents needed to know about were not published, in contrast to 3-4 years of public notices that were reviewed in which the Zoning articles to be appealed were published. Mr. Bernotas, questioning why the Zoning Hearing Board does not follow the word shall as contained in the Zoning Ordinance, acknowledged that some leeway needs to be given such as in the case of a deck that may go two feet beyond a setback line. However, Mr. Bernotas stressed that the Zoning Hearing Board fundamentally changed the zoning without going through City Council or the Planning Commission. Advising that 20 years ago he had raised the matter of a food market in his back yard, Mr. Bernotas notified the Members that 20 years later he is here because his neighbors bought their houses behind the farmer’s market that has become a large supermarket. Pointing out he has nothing against Elias’ market making a living or improving the area, Mr. Bernotas stated they need to do it within the confines of the Zoning Ordinance. Stressing that the Zoning Office and Zoning Hearing Board are too lenient in interpreting the laws, Mr. Bernotas highlighted the fact that a corner of the neighborhood has been crushed. Pointing out that the zoning law states that the building can be expanded 150% of the non-conforming use, Mr. Bernotas informed the Members that Elias wanted to expand 258%. The Zoning Hearing Board ignored a petition from 42 residents, ignored seven objectors at the Zoning Hearing Board meeting, and a letter from a Member of Council. Mr. Bernotas noted that the 1948-1949 Zoning Ordinance stated that a truck could be parked in the area but now tractor trailers are being parked at the market. Mr. Bernotas pointed out that many definitions are not in the Zoning Ordinance such as store, truck, etc. which leaves interpretation up to the Zoning Hearing Board. Mr. Bernotas, questioning where does a resident turn when they want to have a Zoning Ordinance enforced, remarked that residents need a public defender for such matters.

President Donchez asked that Mr. Bernotas submit his written comments for the Members of Council, and added that he will ask Christopher Spadoni, City Council Solicitor, to review the matter.

Mr. Schweder, noting that several Members of Council were contacted by neighbors concerning the issues, advised he had been informed that the Zoning Hearing Board minutes would not be available for 30-45 days after the Zoning Hearing Board’s meeting on the matter. Mr. Schweder, stressing the process is completely broken down, pointed out this has been discussed in the past. Mr. Schweder further stated that Zoning Hearing Board decisions that have destroyed neighborhoods in the City have been seen. Mr. Schweder pointed out that the new Zoning Ordinance proposal has been finished since June but there is nothing before City Council.

President Donchez noted that the Director of Planning and Zoning had advised that public meetings on the new Zoning Ordinance proposal would be held towards the end of this year before the proposal is forwarded to City Council.

Mr. Schweder, explaining the process that needs to occur when the new Zoning Ordinance proposal comes before City Council, recounted that he and Mr. Donchez had suggested something be done regarding the Zoning in the City about seven years ago but Council is still waiting.

Various Issues

Eddie Rodriquez, 1845 Linden Street, asked the Mayor and Members of Council to go to the Five Points area on the eastbound side and look at the security camera. Mr. Rodriquez pointed out that the Ale House building is directly in front of the camera so that people are taking advantage of its location that blocks the view. Stressing there are things happening in the community that are overpowering it, Mr. Rodriquez asserted that if the cameras are not placed at the right locations they do not do any good. While acknowledging that the Police Department is doing a good job, Mr. Rodriquez communicated all must work together to show these people that they cannot conquer our City. Highlighting the fact that another individual has died due to drug addiction, Mr. Rodriquez emphasized the seriousness of drug dealing in the City and asked that the Police be given more power. Mr. Rodriquez informed the assembly that he made the call regarding the branches on Washington Avenue, and the branches were taken care of for free. Mr. Rodriquez stated he is not comfortable with the skate park.

Mayor Callahan stated that he will go to the Five Points area to look at the security camera and the sight lines and added it is something he has talked about to the Police Commissioner.

Budget; Casino Revenues; SteelStacks Project

Robert Pfenning, 2830 Linden Street, said the September numbers are in for the gaming revenues from the Casino. Mr. Pfenning stated that City Council will now hopefully be approving from the Administration a request to spend $335,643.10 more than budgeted. Mr. Pfenning commended the Administration for appropriately budgeting the Casino revenues for this year. Mr. Pfenning, noting that the Sands Casino announced the number of slot machines it intends to install in November, predicted that the line for the host fees will be approximately $6,500,000 next year. Mr. Pfenning noted that at the Planning Commission meeting last week the ArtsQuest project for the SteelStacks development at the site of the former Bethlehem Steel plant was reviewed. Mr. Pfenning continued on to note that a member of the Commission questioned the architect about the location of the building on the flood plain and was told it meets all standards, but that the building cannot be built too high. Mr. Pfenning thought the issue of the flood plain and pumps had been resolved, and observed it may still be an open item. Mr. Pfenning further pointed out that the Planning Commission waived the parking requirements for SteelStacks. Mr. Pfenning said he assumes the project will come under TIF funding and that Council will be asked to approve it. If additional spending is not authorized in the TIF area and revenues are used to pay existing bonds, Mr. Pfenning commented that would speed the tax monies faster to the other taxing bodies. Pointing out that Northampton County’s budget has a 9% increase for next year, and that the funding needed for the State Pension Fund will be faced in 2012, Mr. Pfenning wondered whether there should be consideration given to TIF generated revenues going to other taxing authorities earlier in order to prevent people being forced out of their homes because of rising taxes.

Time Limit for Citizens

Stephen Antalics, 737 Ridge Street, said he was moved by this evening’s Invocation, and observed one of the things expressed by Reverend Bouchard was that public officials should listen to the people. Mr. Antalics felt that City Council does not listen to the citizens. He continued on to remark that Members of Council can speak as long as they want but the citizens can speak for only five minutes. Mr. Antalics suggested that Council should allow speakers to continue past the five minute time limit when a citizen has very important issues to impart.

Stray Cats; Lights

Louise Valeriano, 1122 E. Fourth Street, informed the Members that she has met with such aggravation and frustration trying to get something done that she has given up and will no longer bring up the issue of stray cats and other animals. Ms. Valeriano explained she was informed by a neighbor that the Police were at her house, and she tried to get a written Police report so that she would know what was the complaint and what happened. Ms. Valeriano was told she had to fill out a form to be reviewed by the Law Bureau that would decide whether or not her request for information would be approved. Ms. Valeriano reported she received a letter stating that her request was denied. Ms. Valeriano notified the assembly she later found out why the Police were at her house, and remarked that she thought the privacy act was excessive. Ms. Valeriano related how quickly Michael Alkhal, Director of Public Works, fixed the street lights that she reported were out across from Shaw Street, around City Hall, and at the apartment complex where she lives.

Zoning Hearing Board Decisions

Bill Scheirer, 1890 Eaton Avenue, echoed the comments of Mr. Bernotas concerning Elias Farmers Market and said it is the latest in a series of bizarre decisions coming out of the Zoning Hearing Board that seem to be getting worse. Mr. Scheirer enumerated the preceding decisions of the Zoning Hearing Board regarding Linden Street and Macada Road for apartments and a mini-mall, two story parking garage on South Mountain, twin houses on Kelchner Road in a single family neighborhood, twin houses in Stratford Park, row homes in Elliot Heights on a steep slope area, and six story office building at Eighth and Eaton Avenues with a superstructure design. Mr. Scheirer communicated that his definitions for the following words are different than the definitions used by the Zoning Hearing Board: requirement, injurious, neighborhood, unique, reasonable, unnecessary, hardship, profit, self-created, and knowledge. Mr. Scheirer hypothesized that since the City was in the doldrums for so long any time somebody wants to do something new and show confidence in the future of the City everybody wants to reward them and say okay. Mr. Scheirer, expressing the only way out is to overturn the decisions of the Zoning Hearing Board, pointed out that not every neighborhood can afford lawyers. Repeating Mr. Bernotas’ comment that a public defender is needed, Mr. Scheirer exemplified there are public defenders for criminal cases, and for the utility commissions. Mr. Scheirer remarked that when someone comes in and wants to do something bad to the neighborhood the citizens are on their own. Mr. Scheirer said for the time being it is up to City Council to start appealing the decisions of the Zoning Hearing Board. Mr. Scheirer noted the Administration did it successfully for the situation on Garrison Street.

Food Vendors

Tina Kowalski, merchant at the corner of Fourth and New Streets, communicated that during the summer the merchants of the South Side Business District have come in opposition to the food cart vendors in the neighborhood. Ms. Kowalski said the merchants have put up with hypocrisy, have been slandered, boycotted, threatened, and ridiculed, and still strongly oppose vending in the neighborhood. Ms. Kowalski informed the assembly that on Saturday, October 17 the Lehigh Valley Chamber of Commerce, the Downtown Merchants Association and South Side Business District Merchants were going to host a two hour dessert event to benefit the community but the event has been cancelled. Ms. Kowalski explained that the applications were to be submitted with a $10 fee to the City of Bethlehem, along with a picture, drawing, and dimensions of the dessert table. The applications were to be approved by the Chamber, the Bureau of Zoning, the Health Bureau, the Parking Authority, and Police Department. Ms. Kowalski explained the reason it was cancelled was because the merchants thought the paperwork was ridiculous and declined to be a part of the event. Ms. Kowalski highlighted the fact that all summer the City allowed the food vendors to come and go as they please, without regular health and safety inspections, and she continued on to say they blocked the right of way of others, they took up 2-3 parking spaces, parked illegally in no parking areas, were not ticketed, they left trash behind, they disrespected the merchants and their properties, and they were allowed to sell illegally. Ms. Kowalski questioned where is the fairness. Relating it had been stated that the hot dog vendor would be moved from the Rooney House, Ms. Kowalski stressed the vendor has been given enough time to operate legally, and it is time to say no more. Ms. Kowalski suggested that the hot dog vendor be moved to Fourth and Hayes Street where there are wide sidewalks and more space, at Broad Street, or in front of City Hall. Ms. Kowalski pointed out that 90% of the South Side Business District merchants pay for parking, while the vendors do not pay for parking nearly what the merchants have to pay to operate their businesses. Ms. Kowalski stated the merchants do not want food vendors in the neighborhood, and asked City officials to please do something about it.

Various Issues

Terry Meixell, 56 E. Goepp Street, remarked that, since the Five Points One Way Pairs traffic plan is not moving forward, it cost the City taxpayers over $250,000 to have nothing. Mr. Meixell asserted that after the first survey it should have been a dead issue. Mr. Meixell thought that City Council should pass a Resolution to require that all City vehicles be marked with a City emblem, and the Department so that it is known who is where and for what amount of time. Mr. Meixell calculated that if the vendors are paying meter fees and fines for a parking spot, with no roof, heat or electric, then this should be taken into consideration when the lease comes up for Starters Restaurant at the Golf Course because he felt the City should be making more money on the lease agreement. Referring to the Second Street ramp to be built, Mr. Meixell said it was designed improperly, and noted the Administration is aware of the truck traffic that will be created coming down Northampton Street. Mr. Meixell added that it will be a sharp turn and tractor trailers will probably have to go into the southbound lane. He further said the $10 million from the State to correct the intersection coming off the ramp and westbound Third Street traffic does not solve the crossover traffic southbound going onto the new Second Street ramp. Mr. Meixell wondered, if the ramp is designed wrong and there are accidents, whether the City will be liable.

The meeting was adjourned at 8:05 p.m.

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Council MInutes