Council MInutes

May 19, 2010

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Wednesday, May 19, 2010 – 7:00 PM

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

President Donchez called the meeting to order. Pastor Cynthia Rader-Geyer, of College Hill Moravian Church, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, David T. DiGiacinto, Eric R. Evans, Gordon B. Mowrer, J. William Reynolds, and Robert J. Donchez, 6. Karen Dolan was absent, 1.

Citation – Honoring Edgar R. Beidelman

President Donchez stated that the Citation honoring Edgar R. Beidelman on the occasion of his retirement after 37 years of service with the Fire Department will be sent to him since he was not able to attend this evening’s City Council Meeting.

4. APPROVAL OF MINUTES

The Minutes of May 4, 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)

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

Don MacRae, 418 High Street, communicated that distractions while driving have not only to do with cell phone use but with eating, dialing a radio, noise, etc. He noted that earlier this year the U.S. Department of Transportation proposed that commercial truck drivers and bus drivers not be permitted to text while driving. Mr. MacRae expressed his hesitancy about Council passing an Ordinance that is questionable as far as who has jurisdiction. Mr. MacRae thought that existing Ordinances can be enforced regarding other distractions, specifically noise as contained in Article 509.03, Unnecessary Noise By or From a Motor Vehicle a Nuisance. Informing the assembly that he was hit by a car ten years ago, Mr. MacRae advised he is unable to participate in sports as a result.

Al Bernotas, 1004 Johnston Drive, said he is in favor of passage of the cell phone ordinance, and added that it is good to take a proactive stance. Mr. Bernotas, referring to Mr. MacRae’s comments, said if there were some way for citizens to communicate with the Police about noise, it might be easier to enforce such Ordinances.

Dana Grubb, 2420 Henderson Place, urged Council to pass the cell phone Ordinance. Mr. Grubb, commenting that it is a severe problem in the country, expressed the hope that passage of the Ordinance will send a message to citizens, and also to State officials to pass a State law.

Communications Site Lease Agreement – MetroPCS Pennsylvania, LLC

Mr. Grubb was informed by Joseph Kelly, Assistant City Solicitor, that the request contained in Communication 7 C involves the existing tower on Garrison Street.
Bill No. 10 – 2010 – Amending Article 531 – Parking Generally

Stephen Antalics, 737 Ridge Street, noting that he received a parking ticket at a meter for which the rates extended to 9:00 PM, pointed out that the businesses generally close at 6:00 PM and added that meters are usually a function of the business hours. Mr. Antalics questioned whether the meters are designed to make money for the Parking Authority or control parking for customers at businesses. Mr. Antalics informed the Members that the meter hours in front of St. John’s Evangelical Church on Fourth Street are until 9:00 PM. Mr. Antalics thought that the proposed Ordinance should not be effective for meters until 9:00 PM but rather for business hours.

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

Proposed New Zoning Ordinance

President Donchez affirmed that the Members of Council received copies of the Proposed New Zoning Ordinance and it will be reviewed by Council.

Pickup of Yard Waste

President Donchez, noting that the City’s truck came to his neighborhood about a week ago to pick up yard waste, thought that the service may have to be readvertised. President Donchez advised that very few people in the neighborhood area put out yard waste such as shrubs, branches, etc. and he was the only resident on his block to do so. President Donchez stated that a few people asked him what the program was about. Affirming the program was explained on the last page of the most recent Recycling Bureau newsletter that was sent to residents, President Donchez observed that some people may not have realized it. President Donchez restated that the citizens should be educated about the program for the future.

Mayor Callahan indicated that the Administration will do it.

7. COMMUNICATIONS

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

The Clerk read a letter dated May 12, 2010 from Attorney Steven B. Molder to which was attached a proposed Resolution requesting an Intermunicipal Transfer of Restaurant Liquor License R-19674 owned by My Little Gypsy Rose, Inc., formerly licensed to do business at 1600 North Delaware Drive, Forks Township, Northampton County, to Steel Mill Grill and Bar, LLC, 322 Third Street, Bethlehem, Northampton County.

Mr. Reynolds notified the assembly that he has visited the restaurant twice, and added it has been difficult for restaurants and other business over the past few years. Mr. Reynolds thought the restaurant is in a good location and said he will be supporting the request.

President Donchez announced that the Public Hearing on the request will be held at the
June 1, 2010 City Council Meeting.

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

The Clerk read a memorandum dated May 14, 2010 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution for a Use Permit Agreement for Public Property between Richard Scott Kelley and Has Anyone Seen My Balloon?, Inc. and the City 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 time period June 1, 2010 to May 31, 2011, according to the Agreement.

President Donchez stated that the Resolution will be placed on the June 1 Agenda.

C. City Solicitor – Communications Site Lease Agreement – MetroPCS Pennsylvania, LLC

The Clerk read a memorandum dated May 14, 2010 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution for a Communications Site Lease Agreement between MetroPCS Pennsylvania, LLC and the City for the purpose of installing and/or operating radio communications equipment on the tower located at 248 East Garrison Street, according to the Agreement.

President Donchez referred the request to the Public Works Committee.

8. REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Kathryn Lynch – City Planning Commission

Mayor Callahan reappointed Kathryn Lynch to membership on the City Planning Commission effective until May 2015. Mr. Reynolds and Mrs. Belinski sponsored Resolution 2010-65 to confirm the appointment.

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

C. Parks and Public Property Committee

Chairman Evans presented an oral report of the Parks and Public Property Committee meeting of Thursday, May 6, 2010 at 4:30 PM in Town Hall on the following subjects: Sale of City Property – Auburn Street; and Bethlehem Raiders – Construction of Field House and Press Box.

D. Finance Committee

Chairman Reynolds presented an oral report of the Finance Committee meeting of Wednesday, May 12, 2010 at 7:00 PM in Town Hall on the following subjects: Amending General Fund Budget - Health Bureau Grants; Amending Liquid Fuels Fund Budget – 2010 Allocation; Amending Non-Utility Capital Budget - Broad Street and Pennsylvania Avenue Improvement Project, South Side Recreation Programs, Park/Playground Improvements – Higbee Park, and Skate Park Project; Amending Community Development Budget – HUD Allocation and Reprogramming of Funds.

Mr. Reynolds noted that, at the Finance Committee meeting, he had commented that in general the City should be careful with fund transfers given the economic situation before there is a better understanding of the budget at year end. Mr. Reynolds added that over the last year it has been learned that if the City’s receivables are not coming in it puts the City in a bind, and the City should be particularly careful about spending during 2010.

Mr. DiGiacinto affirmed that notification was received the day following the Finance Committee meeting from Ralph Carp, Director of Parks and Public Property, advising that the Non-Utility Capital Budget adjustment for the amount of the grant for the Skate Park was incorrect.

Mr. Carp, explaining that a typographical error was made, confirmed that the number should have been $90,000 for the grant from Vision 2014 instead of $70,000 plus the $10,000 grant from Bikes Belong for a Non-Utility Capital Budget adjustment of $100,000 instead of $80,000.

Observing that the changes recommended for Council’s approval by the Finance Committee increased the General Fund Budget by the amount of $247,000, Mr. DiGiacinto communicated that would take the General Fund Budget total from $71.6 million to $71.8 million. Mr. DiGiacinto, expressing the hope that there is confidence the increased number will be reached, noted his concerns about the Budget.

Mr. Reynolds pointed out that the Budget adjustments approved at the Finance Committee meeting were additional revenues from various grant sources that the City received, including reprogramming of CDBG funds.

9. ORDINANCES FOR FINAL PASSAGE

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

The Clerk read Bill No. 10 – 2010, Amending Article 531 – Parking Generally, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 10 - 2010, hereafter to be known as Ordinance No. 2010 - 10, was declared adopted.

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

The Clerk read Bill No. 11 – 2010 – Amending Article 538 – Impounding Illegally Parked Vehicles, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 11 - 2010, hereafter to be known as Ordinance No. 2010 - 11, was declared adopted.

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

The Clerk read Bill No. 12 – 2010 – Amending Article 146 – Environmental Advisory Council, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 12 - 2010, hereafter to be known as Ordinance No. 2010 - 12, was declared adopted.

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

The Clerk read Bill No. 13 – 2010 – Establishing Article 738 – Prohibiting Use of Mobile Telephones by Persons Operating Vehicles, on Final Reading.

Mrs. Belinski and Mr. Evans sponsored the following Amendment to Bill No. 13 – 2010:

President Donchez noted that the Amendment replaces Bill No. 13 – 2010 in its entirety.

That Bill No. 13 – 2010, Establishing Article 738 be amended to read as follows:

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

SECTION 1. That Article 738, Prohibiting Regulating Use of Mobile Telephones Interactive Wireless Communications Devices by Persons Operating Vehicles, is hereby established as follows.

738.01 PURPOSE.

A. Legislative Findings. The Council of the City of Bethlehem finds:

(1) The City of Bethlehem is a Third Class City situate within the
Commonwealth of Pennsylvania and maintains a residential
population in excess of 75,000.

(2) As a result of its population, the City of Bethlehem experiences
significant motor vehicle and pedestrian traffic within its
boundaries.

(3) Bethlehem is a walkable city and this Ordinance would protect the
health, safety and welfare of operators of motor vehicles,
pedestrians, bicyclists, skateboarders, inline skaters and others
visitors to the City of Bethlehem

(4) Mobile telephone usage has Interactive Wireless
Communications Devices (hereinafter referred to as IWCDs)
have continued to increase in popularity in the United States.
Texting and email correspondence likewise continues to grow
as a preferred method of communication.

(5) Studies show:

(a) Mobile phone IWCD usage while driving significantly
increases the likelihood of a crash;

(b) Drivers operating motor vehicles while using an mobile
phone IWCD are impaired;

(c) The act of dialing a mobile phone utilizing an IWCD is the
most dangerous part of making a mobile phone call
communication while operating a motor vehicle;

(d) Text messaging, instant messaging, web browsing and
other mobile phone technologies are becoming increasingly
popular and present an additional danger to motor vehicle
operators and the general public.

(e) The use of text messages has increased dramatically.

(f) Currently, cell phone users send and receive more text
messages per month than phone calls.

(g) (d) The use of mobile phones IWCDs while operating a
motor vehicle, skateboard, inline skates or bicycle poses a
great risk to the health, safety and welfare of the operator
of those vehicles, as well as pedestrians, animals, and the
general public.

(6) Requiring the use of a hands-free device IWCD for mobile
phones communications while operating a vehicle within
the City of Bethlehem is necessary to protect the health, safety
and welfare of the citizens of Bethlehem.

(7) Failure to use a hands-free device IWCD for a mobile phone
communications while operating a vehicle shall constitute
a violation of this Ordinance of the City of Bethlehem.

738.02 DEFINITIONS.

The following definitions shall apply in the interpretation and enforcement of this Article:

A. "Interactive Wireless Communications Device." Any wireless
electronic communications device that provides for voice or data
communication between two or more parties, including, but not
limited to, a mobile or cellular telephone, a text messaging device,
a personal digital assistant that sends or receives messages or a
laptop computer. The term does not include a citizens band radio
or a two-way radio.

B. "Hands-free device" shall mean an external device that connects to
an mobile telephone or wireless communication device IWCD
that allows the user to engage in a call without touching the user's
telephone or wireless communication device.

C. "Street" shall have the same meaning as stated in the Codified
Ordinances of the City of Bethlehem.

D. "On-board communications device" shall mean a communications
system or device that is hard-wired into a motor vehicle.

738.03 PROHIBITED CONDUCT.

A. No person shall use an interactive wireless communication
device in any way, including for voice communication, texting,
messaging, and/or e-mailing:

(1) while operating a motor vehicle on any Street within the
City;

(2) while using a skateboard, scooter, inline skates or bicycle on
any Street within the City.

B. Exceptions.

(1) Persons using a hands-free device for voice
communication, provided that such person does not touch
the mobile telephone or wireless communication device
IWCD connected to such hands-free device while operating
or using the vehicle, except as permitted under
subparagraph (3).

(2) Persons using an mobile telephone IWCD for voice
communication to call "911" in an emergency, or to report a traffic accident or unsafe driving by another motorist.

(3) Persons using an mobile telephone or wireless
communication device IWCD while maintaining a motor
vehicle in a stationary position in a parking lane or space
out of moving traffic lanes, and the vehicle is not in gear.

(4) Emergency personnel or personnel in times of emergency
using an on-board communications device for
communication in the course of business in their
employment with a Municipal, County, State or Federal
agency or authority.

738.04 EFFECTIVE DATE.

This Ordinance shall be effective on June 15, 2010. Prior to August 1, 2010, all persons violating this Ordinance shall not be assessed the penalties as set forth in Section 738.99. On August 1, 2010 and thereafter, all persons violating this Ordinance shall be governed by the terms and conditions of Article 738. The warning period shall be June 15, 2010 through August 14, 2010 within which violators of this Ordinance shall be notified by Police Officers but shall not be assessed a penalty as set forth in Section 738.99, Penalty. Enforcement of this Ordinance shall commence on August 15, 2010.

738.05 SIGNAGE.

Signage shall be placed at locations to be approved by the City of Bethlehem Police Commissioner, Chairperson of the City Council Public Safety Committee, Director of Public Works, and Director of Community and Economic Development to appropriately notify the public of this Ordinance.

738.99 PENALTY.

The penalty for a violation of this Section shall be a fine of not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00). The penalty for a sixth or additional violation of this Ordinance shall result in a fine of not less than five hundred dollars ($500.00).

Mr. DiGiacinto explained that, following First Reading of the Bill, he reviewed it in detail with Christopher Spadoni, City Council Solicitor. As Chairman of the Public Safety Committee, Mr. DiGiacinto felt it was his responsibility to try to put forth the best Ordinance. Commenting that he believes in the ban of cell phones while driving, Mr. DiGiacinto communicated his thought that in the absence of State legislation governing use of cell phones while driving it is illegal for the City to enact the Ordinance, and added he does not feel strongly about putting a token Ordinance in place.

Mr. Evans, thanking Mr. DiGiacinto for taking the time to develop amendments to improve the Ordinance, thought the amendments make the Ordinance stronger. Mr. Evans, turning to the effective date, pointed out he wanted to give time for legislation to be put in place at the State level that could occur by the end of June, and the amended date of June 15 accomplishes that. Focusing on questions about signage that would notify individuals about the Ordinance, Mr. Evans affirmed that Michael Alkhal, Director of Public Works, explained the timeframe is about two months until installation which could coincide with the August 15 date. Mr. Evans, referring to the Penalty increase from $50 to $100, noted that the $50 penalty in his original proposal was in line with other moving violations, and added the intent is for people to take the Ordinance seriously. Acknowledging the desire for State legislation, Mr. Evans observed the Ordinance is receiving attention, and added that different States and cities have dealt with the issue.

In view of State action that could occur by the end of June, Mr. Reynolds suggested that signs not be ordered before June 30 since the expenditure may be unnecessary.

Mr. Mowrer, expressing his agreement, thought the time is now. Continuing on to say the time is for action, Mr. Mowrer communicated if the State does not take action the City should and he is ready to do so.

Mr. Reynolds, commenting that Mr. DiGiacinto has made many good points, explained he has wondered why Council would take on this issue while there are other State laws with which Council may disagree. However, Mr. Reynolds thought there is something to be said about putting pressure on the State government, and added that the House already passed the Bill. Mr. Reynolds denoted that the Ordinance may change some people’s behavior. Mr. Reynolds, emphasizing that the City should enforce the current laws to make drivers and pedestrians safer, restated one of the biggest problems in the City is that drivers do not yield to people in crosswalks, and thought education efforts are needed. Mr. Reynolds stated that overall the Ordinance is a step in the right direction, and hopefully it will have some influence over people’s behavior.

President Donchez, informing the assembly that today his vehicle was almost hit in the crosswalk, expressed his agreement with Mr. Reynolds. President Donchez, stating that he supports the Amendment, commended Mr. DiGiacinto and Attorney Spadoni for tightening up the language and making the Ordinance clearer. President Donchez, communicating he views this as an issue of public safety, said if one life is saved it is well worth passing the legislation. President Donchez, expressing the hope that the State passes a law by June 30 so that cell phone legislation is uniform across the State, noted it is not known whether the State budget will be passed by June 30 or where the State’s cell phone legislation will stand. President Donchez, observing that changing the effective date to August 15 following Musikfest makes sense, commented that Bill 13 is a good piece of legislation and stated he will vote in favor of it.

Voting Aye on the Amendment to Bill No. 13 – 2010: Mrs. Belinski, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 5. Voting NAY: Mr. DiGiacinto, 1.

Voting Aye on Bill No. 13 – 2010, as Amended: Mrs. Belinski, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 5. Voting NAY: Mr. DiGiacinto, 1. Bill No. 13 - 2010, hereafter to be known as Ordinance No. 2010 - 13, was declared adopted.

10. NEW ORDINANCES

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, sponsored by Mr. Reynolds and Mr. Mowrer, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2010.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 14 – 2010 was declared passed on First Reading.

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, sponsored by Mr. Reynolds and Mr. Mowrer, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE LIQUID FUELS FUND BUDGET FOR 2010.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 15 – 2010 was declared passed on First Reading.

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, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2010 CAPITAL BUDGET FOR NON-UTILITIES.

Mr. Evans congratulated the Mayor, Mr. Carp and his Department for the work done to date on both of the projects. Mr. Evans observed that the Skate Park is moving ahead of schedule and is highly visible, and added that Higbee Park is a fantastic project that has come together with a mix of grants and private donations in a very short timeline.

Mayor Callahan reminded the assembly that June 22 is the date scheduled for work at Higbee Park in conjunction with the Pennsylvania League of Cities and Municipalities convention that will be held in Bethlehem.

Mr. Reynolds agreed that the Skate Park project is coming along very well and is close within view of passersby. Mr. Reynolds, communicating that the Skate Park and Higbee Park projects are very worthwhile, commented that the Higbee Park project in June will be a proud event for Bethlehem.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Bill No. 16 – 2010 was declared passed on First Reading.

11. RESOLUTIONS

A. Authorizing Alternative Sale of City Owned Property – Auburn Street

Mr. Evans and Mr. DiGiacinto sponsored Resolution No. 2010-66 authorizing the alternative procedure for the sale of land and that authorized the Mayor and the Controller to execute the Agreement of Sale for Real Estate between the City of Bethlehem and Colleen T. Miller for the sale of the parcel of land owned by the City of Bethlehem, located at NS Auburn Street, 16th Ward, Northampton County, Tax Parcel I.D. Number P7-19-2A, at a purchase price of $13,500, according to the Agreement.

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

B. Authorizing Tearing Down of Announcing Booth/Storage Structure and Construction of New Field House/Press Box – Bethlehem Raiders – Sell Field

Mr. Evans and Mr. DiGiacinto sponsored Resolution No. 2010-67 that approved the request of the Bethlehem Raiders to tear down the existing announcing booth/storage structure located at Sell Field and to construct a new field house/press box as agreed upon with the City of Bethlehem Parks and Public Property Department and reviewed and recommended by the Parks and Public Property Committee.

Mr. Evans, advising he went to the site that is used for youth football, affirmed it is an outdated announcing booth that is not aesthetically pleasing or functional. Affirming the work is being financed by the Raiders football league with some in-kind work by the City, Mr. Reynolds pointed out it will definitely improve the area, and bring new youth into the organization.

Mr. Reynolds expressed his agreement with Mr. Evans’ comments about the outdated structure and also highlighted the fact that the work is being almost entirely funded by the league.

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

C. Certificate of Appropriateness – 42 East Wall Street – Not Granted

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution No. 2010-68 that did not grant a Certificate of Appropriateness for 42 East Wall Street, and allowed the owner up to six months from the May 5, 2010 Historic and Architectural Review Board meeting date to comply with their recommendations.

President Donchez, stating that the recommendation of the HARB is that a Certificate of Appropriateness not be granted for the proposal at this time, confirmed that a vote of yes is to approve the HARB’s recommendation not to grant a Certificate of Appropriateness.

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

Motion – Considering Resolutions as a Group

Mr. Mowrer and Mrs. Belinski moved to consider Resolutions 11 D through 11 M as a group.

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

D. Certificate of Appropriateness – 81 West Broad Street

Mr. Evans and Mr. Reynolds sponsored Resolution No. 2010-69 that granted a Certificate of Appropriateness to locate tables, umbrellas and chairs on the sidewalk in the public right-of-way for outdoor dining at 81 West Broad Street.

E. Certificate of Appropriateness – 520 Main Street

Mr. Evans and Mr. DiGiacinto sponsored Resolution No. 2010-70 that granted a Certificate of Appropriateness to locate tables and chairs on the sidewalk in the public right-of-way for outdoor dining at 520 Main Street.

F. Certificate of Appropriateness – 48 East Market Street

Mr. Evans and Mr. Reynolds sponsored Resolution No. 2010-71 that granted a Certificate of Appropriateness to install a fence and gates at 48 East Market Street.

G. Certificate of Appropriateness – 437 Main Street

Mr. Evans and Mr. Reynolds sponsored Resolution No. 2010-72 that granted a Certificate of Appropriateness to locate tables and chairs on the sidewalk in the public right-of-way for outdoor dining at 437 Main Street.

H. Certificate of Appropriateness – 509 Main Street

Mr. Evans and Mr. Reynolds sponsored Resolution No. 2010-73 that granted a Certificate of Appropriateness to locate tables and chairs on the sidewalk in the public right-of-way for outdoor dining at 509 Main Street.

I. Certificate of Appropriateness – 423 First Avenue

Mr. Evans and Mr. Reynolds sponsored Resolution No. 2010-74 that granted a Certificate of Appropriateness to construct a 20’ x 30’ three-car detached garage on the property accessed from the alley at 423 First Avenue.

J. Certificate of Appropriateness – 55 East Church Street

Mr. Evans and Mr. Reynolds sponsored Resolution No. 2010-75 that granted a Certificate of Appropriateness to replace a window in the rear shed and aluminum siding with cedar clapboard at 55 East Church Street.

K. Certificate of Appropriateness – 574 Main Street

Mr. Evans and Mr. Reynolds sponsored Resolution No. 2010-76 that granted a Certificate of Appropriateness to install exterior lighting fixtures and signage on the first floor façade at 574 Main Street.

L. Certificate of Appropriateness – 85 West Broad Street

Mr. Evans and Mr. Reynolds sponsored Resolution No. 2010-77 that granted a Certificate of Appropriateness to locate tables, chairs and umbrellas on the sidewalk in the public right-of-way for outdoor dining at 85 West Broad Street.

M. Certificate of Appropriateness – 224 East Wall Street

Mr. Evans and Mr. Reynolds sponsored Resolution No. 2010-78 that granted a Certificate of Appropriateness to modify a previously approved project at the rear shed at 224 East Wall Street.

Voting AYE on Resolutions 11 D through 11 M: Mrs. Belinski, Mr. DiGiacinto, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. The Resolutions passed.

12. NEW BUSINESS.

Neighborhoods and Absentee Landlords

President Donchez, noting that he walked in a neighborhood a few weeks ago with residents, observed there have been transitions in some neighborhoods with new families moving in that promotes home ownership. However, President Donchez commented there are some neighborhoods where there are absentee landlords and the issues for citizens become so frustrating when grass is not cut and garbage is not collected, and the process of enforcement is protracted. President Donchez asked Attorney Spadoni, in conjunction with Joseph Kelly, Assistant City Solicitor, and Tony Hanna, Director of Community and Economic Development, to review Ordinances and determine what can be done to strengthen enforcement in the cases of absentee landlords who are being cited for continued complaints, and who do not demonstrate the responsibility of being good neighbors. President Donchez continued on to say that residents are being held hostage in a sense because of recurring problems in the neighborhood. President Donchez wondered whether there could be a nuisance landlord law similar to the nuisance bar law, and added it is not fair to the quality of life for people in neighborhoods who take pride in their homes. President Donchez, stressing that the City should not lose those neighborhoods, communicated that losing such neighborhoods could be a detriment to the City.

13. COURTESY OF THE FLOOR

Various Issues

Al Bernotas, 1004 Johnston Drive, commended Stuart Bedics, Police Commissioner, for enforcement of Act 124 concerning idling of diesel engines for more than five minutes, and

related that within two weeks signs were posted at the business. Mr. Bernotas, focusing on enforcement of laws for the protection of pedestrians, observed that if the culture of the City changes it will be known as a polite community where people stop for pedestrians. Mr. Bernotas noted that comments made this evening regarding the issue are welcomed, help improve the quality of life in the City, and will ripple throughout the community. Mr. Bernotas advised that he put yard waste out for the recycling truck a week too early. Mr. Bernotas, explaining that he is involved in a marketing business and creates e-mail lists of people who want to receive the e-mails, suggested that perhaps there could be a place on the City’s website for people who want to receive informational e-mail messages from the City.

President Donchez noted that the Administration and City Council have tried to put as much information as possible on the City’s website for the citizens. President Donchez informed Mr. Bernotas that his e-mail address could be added to the City Clerk’s Office e-mail list.

Invocations

Stephen Antalics, 737 Ridge Street, expressed that he was troubled with the invocation given at the last City Council Meeting that made reference to the Mayor running for office. Advising he contacted several people and read to them the invocation, Mr. Antalics informed the assembly he received negative responses. Mr. Antalics recommended it be made clear to the individuals giving the invocation that it should not include political references.

Various Issues

Dana Grubb, 2420 Henderson Place, thought Mr. Bernotas’ idea about citizen e-mail lists was a very good one. Mr. Grubb noted that in Laguna Beach, California motorists approaching intersections stop for pedestrians, and he stressed that better enforcement is needed in the City. Turning to the outdated announcing booth to be replaced by the Raiders, Mr. Grubb said instead of allowing demolition materials to be landfilled they should be recycled. Mr. Grubb informed the assembly that he will e-mail to the Administration and Members of Council a model ordinance for billboards. Asserting that allowing the billboard on the Hill to Hill Bridge was a stupendous error, Mr. Grubb highlighted the fact that there is a great deal of outrage throughout the community about it, as well as the effects of the lights into a number of houses on the West Side. Mr. Grubb suggested that the model ordinance is something that can be looked at in conjunction with the proposed new Zoning Ordinance in order to prevent this from happening in the future.

City Signs

John Ladics, 1527 Kaywin Avenue, commented that the sign on the Hill to Hill Bridge is in technicolor and if there is traffic there is the tendency for people to look at the advertisements. Mr. Ladics communicated that if signs will be installed to inform people about the new cell phone ordinance they should be at appropriate locations at City boundaries so that people know they are in Bethlehem, and not at Saucon Park, for example.

Neighborhoods and Absentee Landlords

Steve Esack, 529 E. North Circle, thanked President Donchez for his assistance in addressing the issue of the rental property at 710 Dellwood Street that is located next to his home, and thanked the Mayor’s Administration, Mr. Hanna, and the Inspections and Health Bureaus for their help over the last two and a half years. Mr. Esack, confirming that he met with Christopher Spadoni, City Council Solicitor, last week to discuss ideas about the various laws, said he was asked to come to the Meeting tonight to share the ideas. Mr. Esack, referring to Codified Ordinance Article 1161 – Health Nuisances, Section 1161.99, Penalty, thought the penalties were low, and asked that consideration be given to increasing the fines to scare landlords into compliance, and to tie the fines to inflation. Referring to Section 1161.04, Insanitary and Unfit Buildings, paragraph (b), Mr. Esack suggested that consideration should be given to deleting the phrase vacant for at least six months, since it protects landlords and others who are in continued violation of laws. In Section 1161.08, Accumulation of Rubbish and Garbage, Mr. Esack believed that paragraphs (c) and (d) contradict each other. Mr. Esack, informed the assembly that last week he had to verbally force the landlord of 710 Dellwood Street to collect three weeks’ of trash, reiterated the situation regarding the property has been ongoing for two and a half years, the trash stinks, one year there was a rat, there are large amounts of flies, and his children cannot play in their driveway. Mr. Esack asserted that he and his wife should not have to police the property next to theirs any longer. Mr. Esack wondered if a Certificate of Occupancy can be tied to a landlord contracting with a trash hauler since the tenants come and go every several months.

President Donchez, affirmed that the information from the meeting with Attorney Spadoni referenced by Mr. Esack will be forwarded to the Members of Council, and asked Attorney Spadoni, Attorney Kelly, and Mr. Hanna to review the points and concerns. President Donchez added it is a good time to do so since the Zoning Ordinance is being reviewed.

Student Housing

Mary Pongracz, 321 W. Fourth Street, questioned whether it is discriminatory to allow housing to be called student housing and not allow families to move into those units. Confirming she is the head of a non-profit housing corporation that is dedicated to providing home ownership, Ms. Pongracz stressed that home ownership can provide more sturdy and reliable neighborhoods with pride in properties. Focusing on the low turnout for the Primary Election, and enumerating the various wars, Ms. Pongracz stressed that citizens should realize that the democracy of the nation needs to be protected.

The meeting was adjourned at 8:20 p.m.