Council Minutes

BETHLEHEM CITY COUNCIL MEETING

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

President Robert J. Donchez called the meeting to order. Reverend Gordon B. Mowrer, Member of Council, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, David T. DiGiacinto, Karen Dolan, Eric R. Evans, Gordon B. Mowrer, J. William Reynolds, and Robert J. Donchez, 7.

4. APPROVAL OF MINUTES

The Minutes of November 16, 2010 were approved.

- Adjudication By Bethlehem City Council pursuant to 53 P.S. §39408 following hearings conducted by Bethlehem City Council on October 27, 2010, November 1, 2010, and November 11, 2010

Attorney Spadoni confirmed that City Council was advised via communication from John F. Spirk, Jr., Esq., City Solicitor, dated June 16, 2010 as to proposed discipline of Police Officer John Nye. Attorney Spadoni affirmed that 53 P.S. §39408 states as follows: All employees subject to civil service shall be subject to suspension by the director of the department for misconduct, or violation of any law of this Commonwealth, any ordinance of the City, or regulation of the department, pending action by the City Council upon the charges made against any such employees. On hearing before the City Council, where they may be represented by counsel, they may be fined or suspended for a period not exceeding thirty days with or without pay, or they may be discharged by City Council if found guilty of the charges made against them. Attorney Spadoni affirmed that, pursuant to proper legal notice from the City Clerk, City Council held public meetings on October 27, 2010, November 1, 2010, and November 11, 2010. At the close of the hearing on November 11, 2010, the record was finalized and closed, and there were submissions made by Council that have been circulated to Members of Council. Attorney Spadoni continued on to state that, as a result of this proceeding and listing on the Agenda, there will be no further presentations, or evidence, or courtesy of the floor prior to the Adjudication by City Council. Attorney Spadoni pointed out that those people who wish to address Council shall be permitted to do so at the second Courtesy of the Floor listed on the Agenda as number 13. Attorney Spadoni noted for Council and record consideration that Council Member Belinski who did not participate in one of the hearings is not to vote on this matter as she did not participate in all of the hearings. Attorney Spadoni stated this matter is now appropriately before City Council for Adjudication. Attorney Spadoni stated that the standard pursuant to Roberts Rules of Order would result in a motion, second, and vote by Members of Council for action as they deem appropriate.

Motion - Termination of Officer Nye

Ms. Dolan moved for the termination of Officer Nye. Mr. Reynolds seconded the motion.

Ms. Dolan thanked Attorney Spirk and Attorney Waldron who she said both did an outstanding job, were very thorough, and helped Members of Council to understand the intricate details of a complicated situation. Ms. Dolan thanked Officer Nye for his forthrightness, his honesty, and said his openness in his answers was very helpful to Members of Council to understand the complexities of being a Police Officer. Ms. Dolan thanked the witnesses and the citizens who chose to speak. Ms. Dolan said the Members came with open minds and came to their conclusions based on evidence on facts. Ms. Dolan noted she feels comfortable in voting in favor of her motion.

Mr. Mowrer commented that he was very impressed with Officer Nye and thought he does deserve a second chance but not here in the Police Department. Mr. Mowrer said he would be very happy to help Officer Nye and be a recommender for him for a job, and would be glad to talk to him about possible employment.

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

Attorney Spadoni stated that as a result of the vote it is his intention to prepare a Resolution reflecting the action of City Council and have it available for the next City Council Meeting for Council’s review.

5. COURTESY OF THE FLOOR

Certificate of Appropriateness – 502 East Fourth Street

Olga Negron, of 1306 E. Fifth Street, and Executive Director of the Hispanic Center, noted she became the Executive Director in October 2009. Ms. Negron, communicating that as with any new job she had a lot to learn, affirmed that she inherited everything. Ms. Negron stressed she is proud of all that has been accomplished in barely a year. Explaining that the organization owned more buildings than they could keep up with, Ms. Negron advised that the building at 120 E. Fourth Street was sold because it was blighted and there was not enough money to fix it. Ms. Negron detailed how the proceeds were utilized to fix other buildings amounting to $60,000. Ms. Negron informed the Members that another inherited problem building is the garage behind the Fowler Youth Center. Confirming she lives only six blocks away from the Center and knows how blighted properties affect a neighborhood, Ms. Negron said it was her understanding that permission had been requested to fix the garage, and $26,000 was needed to fix the building. Ms. Negron, affirming the organization did not have that amount of money, explained the Board asked that a price be obtained to know how much it would cost to demolish the building. After receiving three bids it was learned that it would cost $10,000 to demolish the garage and create usable parking space. The proposal was presented to the Historic Conservation Commission – South Bethlehem and Mt. Airy, and the Commission highlighted their concerns about demolishing a historic building. An agreement was reached to demolish only a portion of the walls, keeping a nice, maintained portion of the walls all around the garage, and keeping the beautiful iron fence wall on the side. Demolishing only the described portion has to be done by hand in order to preserve the stonework without damaging it more. Ms. Negron, confirming the organization can afford the $10,000 cost, continued on to say they also understand the importance of preserving as much as possible from the beautiful historic building. Acknowledging it is a shame that the building was not kept in better shape throughout the years and has now reached this stage, Ms. Negron notified the Members that the building has been condemned and is unsafe beyond repair. Ms. Negron asked the Members of Council to please support her efforts to keep improving the facilities, beautifying the South Side, and allow the organization to do the partial demolition of the garage as agreed to by the Historic Conservation Commission – South Bethlehem and Mt. Airy.

Aurea Ortiz, 1628 E. Sixth Street, Youth Coordinator at the Fowler Youth Center, advised they are directly affected by the referenced 502 East Fourth Street property. Ms. Ortiz stressed that the garage behind the Youth Center is a safety hazard for youth. Noting that the programs run to 6:00 PM, Ms. Ortiz explained that during the winter the youth walk home in the dark and there is easy access for hiding behind the building. Ms. Ortiz pointed out that, with the proposed agreement to demolish only a portion of the walls and retaining the fence that will keep intruders out of their facility, it is a win-win situation for everyone. Ms. Ortiz explained that demolishing the garage will keep the building safe. Ms. Ortiz asked that consideration be given to the safety of the employees and youth before making a decision.

Jeffrey Parks, 223 E. Church Street, stated he is at the Meeting to speak in favor of the Certificate of Appropriateness for 502 East Fourth Street. Mr. Parks, affirming he is strongly in favor of historic preservation, advised he is speaking in favor of Ms. Negron and the Council of Spanish Speaking Organizations that does great work for the community. Mr. Parks stated that the garage needs to be removed and make way for the future that the organization is creating for the youth with whom they work. Mr. Parks affirmed that the organization has respected history by agreeing to keep the fence and other remnants of the garage, but stressed that this public safety hazard needs to be removed. Mr. Parks noted this non-profit organization is serving the community in many great ways and is faced with costs it cannot afford to meet with a total restoration of the building. Mr. Parks expressed his appreciation for Council’s consideration and the hope that the Members will vote to approve the Certificate of Appropriateness.

Roger Hudak, 1256 E. Fifth Street, informed the assembly that Ms. Negron is an important partner to the South Side Task Force of which he is the chair. Mr. Hudak explained that he looked at the garage yesterday and the roof is caved in, the doors are in shambles, there is a condemned sign on it, and it has to be fixed. Noting the organization wanted to demolish the whole building, Mr. Hudak pointed out they did the right thing in appearing before the Historic Conservation Commission – South Bethlehem and Mt. Airy and a compromise was reached. Mr. Hudak expressed the hope that Council will approve it so that the blight can be removed.

Mary Pongracz, 321 W. Fourth Street, member of the Historic Conservation Commission – South Bethlehem and Mt. Airy, related that a meeting was held on October 18 at which the matter of 502 East Fourth Street was brought up. However, there was not enough information at that time to make an informed decision. Ms. Pongracz affirmed there was no vote taken at that meeting on demolition. Rather, it was decided to have an on-site inspection that took place on November 10, and a meeting followed on November 15. Ms. Pongracz questioned why there was a demolition order before the members of the Commission had an opportunity to vote on the project, and stressed this is not following the rules. Ms. Pongracz, inquiring why the property was allowed to deteriorate to its present condition, pointed out that a good landlord takes care of property. She continued on to say a good landlord does not allow a building to fall into complete disrepair and then come to a Conservation Commission for a vote to demolish it. Ms. Pongracz asserted that any non-profit organization that takes Federal, State, or City money should be taking care of their property. Ms. Pongracz highlighted the fact that this block of Morton Street in question is an important example of Bethlehem Steel housing that was built by the immigrants who came to live in this Country to make a better Country and better life for themselves.

Eddie Rodriquez, 1845 Linden Street, expressed his agreement with Ms. Pongracz, and pointed out he has called the City for a long time to do something about the building. He added that he also called the organization about the building. Mr. Rodriquez, affirming the site is badly deteriorated, said it is neglected. Mr. Rodriquez stressed the building needed repair and nobody did anything about it on a timely basis. Mr. Rodriquez remarked that now there is a sudden interest in the matter and it is wrong.

Bill No. 48 – 2010 – Amending Article 1735 – Rooming Houses – Fees; and Bill No. 49 – 2010 – Amending Article 1739 – Regulated Rental Unit Occupancy – Fees

Ryan Conrad, Lehigh Valley Association of Realtors, 10 South Commerce Way, said he is at the Meeting to speak to Bills 48 and 49 dealing with housing inspection fees on behalf of the 2,200 realtors in the Lehigh Valley. Mr. Conrad, noting he attended the Finance Committee meeting last month at which the fees were discussed, reiterated support of the rental and housing inspection programs that result in higher quality and safer housing. Mr. Conrad expressed serious concern about the proposed fee increases and the potential negative effects on homeowners and responsible landowners. Mr. Conrad, noting the fee increases range from 25% to 66%, stressed what needs to be considered is whether the fee increases are commensurate with the costs of administering the program. Mr. Conrad said if the fees are making money and being used to address a deficit then it is not only unfair but potentially violates the constitutional requirement for tax fairness that is supported by case law. Mr. Conrad thought there might be a decrease in services under the inspection program because the number of housing inspectors and temporary help is proposed to be reduced. Mr. Conrad remarked that responsible homeowners and landlords would be asked to pay more and get less service. Mr. Conrad noted that the real estate industry, homeowners, and consumers are also facing economic hardships as is the City. Mr. Conrad highlighted the fact that since 2007 the number of new residential listings in the City has decreased by nearly 30% and the number of sales has decreased by 37%. Mr. Conrad asserted that the fee increases will exacerbate those economic hardships. Mr. Conrad stated it is recommended that City Council reevaluate the proposed inspection fees to ensure they are commensurate with the actual costs of administering the program and until such time the Lehigh Valley Association of Realtors will be opposed to the fee increases being proposed until they can be substantiated. Mr. Conrad confirmed that a letter was sent to the Members of Council and the Administration.

6. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

1. Establishing Article 1716 – Landmarks and Properties of Historical Interest
(Assigned to Preservation Plan Task Force)

7. COMMUNICATIONS

A. City Council Solicitor – Zoning Hearing Board – Majority Vote

The Clerk read a letter from Christopher T. Spadoni, Esq., City Council Solicitor, dated November 28, 2010 requesting a proposed amendment to Article 1325, Zoning Hearing Board, that language be added that the concurring vote of a majority of the Zoning Hearing Board shall be required for any action by the Zoning Hearing Board.

President Donchez referred the matter to the Planning Commission and Lehigh Valley Planning Commission.

B. Parks and Public Property Director – PPL Right-of-Way Request – Hellertown Road/
Route 412 – Pole and Overhead Facilities

The Clerk read a memorandum from Ralph Carp, Director of Parks and Public Property, dated November 10, 2010 requesting consideration of a Resolution to grant a request for a Right-of-Way to PPL for one pole, one anchor guy wire and overhead facilities in the area of Hellertown Road/Route 412.

President Donchez stated that the authorizing Resolution will be listed on the December 21, 2010 Agenda.

C. Parks and Public Property Director – UGI Right-of-Way Request – Hellertown Road/
Route 412 – Telecommunications and Other Facilities

The Clerk read a memorandum dated December 1, 2010 from Ralph Carp, Director of Parks and Public Property, requesting consideration of a Resolution to grant a Right-of-Way request to UGI to install facilities for conveying telecommunications and other electronic or optical transmissions, underground electric distribution facilities, and a pipeline, service laterals and related facilities to the conveyance, transmission and distribution of gas in the area of Hellertown Road/Route 412.

President Donchez stated that the authorizing Resolution will be listed on the December 21, 2010 Agenda.

D. Senator Boscola – Economic Development Restaurant Liquor License Request –
1223 West Broad Street

The Clerk read a letter dated November 29, 2010 from State Senator Lisa Boscola with regard to a request from Stefano Lombardo of Lombardo & Sons Limited Partnership for a Public Hearing for the creation of an Economic Development Restaurant Liquor License for 1223 West Broad Street, Bethlehem, Lehigh County.

President Donchez announced that a Public Hearing will be scheduled at the January 4, 2011 City Council Meeting at 7:00 PM in Town Hall.

E. Housing and Community Development Planner – Redevelopment Assistance Capital Program – Festival Center at Steel Stacks

The Clerk read a memorandum dated December 1, 2010 from Irene Woodward, Housing and Community Development Planner, requesting consideration of a Resolution authorizing the submission of an application and preparation of a Cooperation Agreement between ArtsQuest and the City of Bethlehem for the pass through of funds and the assignment of administrative requirements under the Redevelopment Assistance Capital Program to ArtsQuest in the amount of $2 million toward the redevelopment of the Festival Center at Steel Stacks. There will be no financial commitment on the City’s part for this project.

President Donchez stated that the authorizing Resolution will be listed on the December 21, 2010 Agenda.

8. REPORTS

A. President of Council

Meeting Announcements

President Donchez announced the following:

Public Hearing on the matter of Police Officer Lenner scheduled on Wednesday, December 8, 2010 at 6:00 PM in Town Hall;

Third Budget Hearing scheduled on Thursday, December 9, 2010 at 7:00 PM in Town Hall;

Final Budget Meeting scheduled on Wednesday, December 15, 2010 at 7:00 PM in Town Hall.

President Donchez requested that the Members of Council submit any Budget amendments to be considered at the Final Budget Meeting on Wednesday, December 15 to the City Clerk’s Office by Monday, December 13 at 12:00 Noon.

B. Mayor

None.

C. Human Resources and Environment Committee

Chairman Mowrer presented an oral report of the Human Resources and Environment Committee meeting held on Tuesday, November 23, 2010 on the following subject: 2011 Budget – Proposed Personnel Changes.

D. Finance Committee

Chairman Reynolds presented an oral report of the Finance Committee meeting held on Wednesday, November 24, 2010 on the following subjects: Proposed Sales Lease Back – $20 Million; Debt Refinancing/Restructuring; Rooming Houses – Fees; Regulated Rental Units – Fees; 2011 Budget – Fee Increases: Recycling, Public Works Permits, Health License Inspection, Housing Inspection, and Recreation.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 37 – 2010 – Amending Article 342 – Continuing LERTA through December 2012

The Clerk read Bill No. 37 – 2010 – Amending Article 342 – Continuing LERTA through December 2012, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 37 - 2010, hereafter to be known as Ordinance 2010-26 was declared adopted.

B. Bill No. 40 – 2010 – Article 1733 – Adoption of 2009 ICC International Property
Maintenance Code

The Clerk read Bill No. 40 - 2010, Article 1733 – Adoption of 2009 ICC International Property Maintenance Code, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 40 - 2010, hereafter to be known as Ordinance 2010-27 was declared adopted.

10. NEW ORDINANCES

A. Bill No. 41 – 2010 – Amending Article 721 – Streets and Sidewalks – Fees

The Clerk read Bill No. 41 – 2010 – Amending Article 721 – Streets and Sidewalks – Fees, sponsored by Mr. Evans and Mr. Mowrer, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 721 ENTITLED STREETS AND SIDEWALKS
OF THE CODIFIED ORDINANCES OF THE CITY OF
BETHLEHEM.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 41 – 2010 was declared passed on First Reading.

B. Bill No. 42 – 2010 – Amending Article 903 – Excavations – Fees

The Clerk read Bill No. 42 – 2010 – Amending Article 903 – Excavations – Fees, sponsored by Mr. Evans and Mr. Mowrer, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 903 OF THE CODIFIED ORDINANCES
ENTITLED EXCAVATIONS.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 42 – 2010 was declared passed on First Reading.

C. Bill No. 43 – 2010 – Amending Article 907 – Poles and Wires – Fees

The Clerk read Bill No. 43 – 2010 – Amending Article 907 – Poles and Wires – Fees, sponsored by Mr. Evans and Mr. Mowrer, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 907 OF THE CODIFIED ORDINANCES
ENTITLED POLES AND WIRES.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 43 – 2010 was declared passed on First Reading.

D. Bill No. 44 – 2010 – Amending Article 909 – Sidewalks, Curbs, Gutters and
Driveways – Fees

The Clerk read Bill No. 44 – 2010 – Amending Article 909 – Sidewalks, Curbs, Gutters and Driveways – Fees, sponsored by Mr. Evans and Mr. Mowrer, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 909 OF THE CODIFIED ORDINANCES
ENTITLED SIDEWALKS, CURBS, GUTTERS AND
DRIVEWAYS.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 44 – 2010 was declared passed on First Reading.

E. Bill No. 45 – 2010 – Amending Article 910 – Trees and Shrubs – Fees

The Clerk read Bill No. 45 – 2010 – Amending Article 910 – Trees and Shrubs – Fees, sponsored by Mr. Mowrer and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 910 OF THE CODIFIED ORDINANCES
ENTITLED TREES AND SHRUBS.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 45 – 2010 was declared passed on First Reading.

F. Bill No. 46 – 2010 – Amending Article 925 – Stormwater Management Regulations – Fees

The Clerk read Bill No. 46 – 2010 – Amending Article 925 – Stormwater Management Regulations – Fees, sponsored by Mr. Reynolds and Mr. DiGiacinto, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 925 OF THE CODIFIED ORDINANCES
ENTITLED STORMWATER MANAGEMENT REGULATIONS.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 46 – 2010 was declared passed on First Reading.

G. Bill No. 47 – 2010 – Amending Article 933 – Recycling – Fees

The Clerk read Bill No. 47 – 2010 – Amending Article 933 – Recycling – Fees, sponsored by Mr. Reynolds and Mr. DiGiacinto, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 933 ENTITLED, RECYCLING, OF THE
CODIFIED ORDINANCES OF THE CITY OF
BETHLEHEM BY INCREASING THE RECYCLING FEE.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 47 – 2010 was declared passed on First Reading.

H. Bill No. 48 – 2010 – Amending Article 1735 – Rooming Houses – Fees

The Clerk read Bill No. 48 – 2010 – Amending Article 1735 – Rooming Houses – Fees, sponsored by Mr. Reynolds and Mr. DiGiacinto, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 1735 OF THE CODIFIED ORDINANCES
ENTITLED ROOMING HOUSES.

Mr. Reynolds commented that he would look forward to seeing the answers to the questions of Ryan Conrad, as noted earlier in the Meeting.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 48 – 2010 was declared passed on First Reading.

I. Bill No. 49 – 2010 – Amending Article 1739 – Regulated Rental Unit Occupancy – Fees

The Clerk read Bill No. 49 – 2010 – Amending Article 1739 – Regulated Rental Unit Occupancy – Fees, sponsored by Mr. Reynolds and Mr. DiGiacinto, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 1739 OF THE CODIFIED ORDINANCES
ENTITLED REGULATED RENTAL UNIT OCCUPANCY.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 49 – 2010 was declared passed on First Reading.

11. RESOLUTIONS

A. Certificate of Appropriateness – 102 East Fourth Street – Signs

Mr. Evans and Mrs. Belinski sponsored Resolution 2010-180 that granted a Certificate of Appropriateness to install signs at 102 East Fourth Street.

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

B. Certificate of Appropriateness – 102 East Fourth Street – Off-Premise Sign

Mr. Evans and Mrs. Belinski sponsored Resolution 2010-181 that granted a Certificate of Appropriateness to install an off-premise sign to advertise rental properties at 102 East Fourth Street.

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

C. Certificate of Appropriateness – 120 East Third Street

Mr. Evans and Mrs. Belinski sponsored Resolution 2010-182 that granted a Certificate of Appropriateness to install a sign at 120 East Third Street.

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

D. Certificate of Appropriateness – 502 East Fourth Street

Mr. Evans and Mrs. Belinski sponsored Resolution 2010-183 that granted a Certificate of Appropriateness to partially demolish the garage at 502 East Fourth Street.

Ms. Dolan asked if a demolition permit for the garage was issued prior to the Historic Conservation Commission’s meeting. Mayor Callahan said his understanding is that there was a notice of condemnation and at that point is accompanied by a raze or repair but it was not necessarily a demolition permit that was issued. Ms. Dolan asked if someone could give a description of the structural integrity and historical significance of the building. Mayor Callahan explained that he saw the building, it is a block building, and it has a major crack on the side. Ms. Dolan communicated she did not think that Ms. Negron, as the new executive director, should be considered responsible as she inherited the headache. Pointing out that the proposal was supported by Aurea Ortiz, Bethlehem Area School District Director, as well as by Jeffrey Parks and Roger Hudak, Ms. Dolan expressed that she trusts their opinions. Ms. Dolan further highlighted the fact that a compromise was made and there will be some historic resources saved. Ms. Dolan expressed the hope that Council will agree with the vote of the Historic Conservation Commission while noting the vote was four to two.

Mr. Evans advised he was at the site today and it is a safety hazard. Mr. Evans expressed his understanding of Ms. Pongracz’s comments about things falling into disrepair. Mr. Evans thanked Ms. Negron for her efforts and trying to make the area a better place. Mr. Evans said he will support the Commission’s recommendation.

Mr. Reynolds stated he will support the proposal, while denoting his respect for Ms. Pongracz and Mr. Cornish who voted against the demolition. Mr. Reynolds, advising he also looked at the building, concurred with the statements that the work will certainly be an improvement. Mr. Reynolds stressed that the work is needed to improve the property.

Mr. Mowrer, affirming he has been in contact with Ms. Negron concerning the issue and the Building Inspector, thought the Inspector was in favor of the proposal. Mr. Mowrer said he will be endorsing it.

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

12. NEW BUSINESS.

Ordinance Regulating Use of Cell Phones While Driving

Mr. Mowrer, referring to his request sent to the Police Commissioner regarding whether arrests were made for violations of the new Ordinance banning use of cell phones while driving, affirmed he is very serious and there is no use passing legislation if it is not going to be enforced. Mr. Mowrer communicated that, if there have been no arrests, it sends a clear message that people can ignore the Ordinance.

Stuart Bedics, Police Commissioner, advised there were three arrests so far, one of which involved a motor vehicle accident. Police Commissioner Bedics noted people have been pulled over and given verbal or written warning, and he could get that information.

Mr. Mowrer said he would like a monthly report.

13. COURTESY OF THE FLOOR

City Vehicles - Personal Use

Tony Simao, 1135 E. Third Street, noted he has discovered that City vehicles are being used for personal use and he circulated a petition. He read the petition in which it was stated that it is unfair to have public transportation funding cut for the Loop bus that goes back and forth from the downtowns to the casino when City employees are getting free use of City vehicles. The petition stated it is not acceptable that public funds are used for private use of vehicles, and the City should follow the example of the private sector that for the most part does not supply employees with vehicles. City employees and the Mayor should use their own cars and deduct mileage for official business from their personal income taxes as citizens do. The petition also noted the Mayor could sign out a City car on a temporary basis for official business. It was requested that City Council pass a Resolution to limit the use of City-owned vehicles to official business only. Mr. Simao notified the assembly that 89 people signed the petition in 48 hours, and presented the petition to City Council.

Budget and Finances

Robert Pfenning, 2830 Linden Street, noting there was an error on his handout regarding General revenues, advised the percentage payout started at 91.3 not 90.3 and has gone down to 89.9%. Mr. Pfenning, referring to the cost savings suggestions made by the Controller, reminded the Members that if the City’s 911 service is eliminated then the taxes paid by City residents in Northampton County would go up .4 mills. Observing that in May 2011 the Sands hotel and the SteelStacks project are due to open, Mr. Pfenning said he has heard nothing addressing that issue and hoped attention will be paid to the fact that there will be more workload related to public safety since there will be more people coming to the City. Mr. Pfenning wondered whether fees could be increased for outside vendors who sell food. Referring to discussions about passing the Budget as proposed with the $1.2 million General Revenue item, Mr. Pfenning communicated that defeating the refinancing would result in a $2 million budget deficit. Mr. Pfenning observed that the refinancing proposal illustrates that higher debt service will occur three years from now when there is another Mayoral election. Mr. Pfenning expressed the hope that there are amendments to the Golf Fund Budget since it was advised at the respective budget hearing that the numbers were not firm.

Various Issues

Eddie Rodriquez, 1845 Linden Street, said he would like to see signs at the Recycling Center since youth are going too close to the material boxes and running machinery that are dangerous. He wanted signs at the Compost Center posted that smoking is not allowed to avoid any fire dangers. Mr. Rodriquez explained that sidewalks in downtown areas are uprooted that creates a dangerous situation for pedestrians and those in wheelchairs. Mr. Rodriquez remarked about the amount of traffic on Third Street and wondered whether Second Street could be used as an alternative to alleviate some of the congestion. He thought that Grant Place and Mechanic Street should be changed to one way going in the other direction and could be another alternative route. Mr. Rodriquez stressed that the traffic lights are very long and the timing should be revised.

Error in November 16, 2010 City Council Meeting Minutes

Bill Scheirer, 1890 Eaton Avenue, pointed out there is a significant error in the November 16, 2010 Minutes. At that Meeting, Mr. Scheirer had pointed out that City Council voted on Resolution 11 E, Certificate of Appropriateness – 133 Wall Street, but the recommendation of the HARB was to table the application. Attorney Spadoni acknowledged Mr. Scheirer’s correction and advised the matter will be brought back before Council to rescind the vote. Mr. Scheirer highlighted the fact the vote taken to rescind the previous vote on Resolution 11 E, Certificate of Appropriateness – 133 Wall Street, was not included in the November 16 Minutes.

Historic Preservation Plan

Stephen Antalics, 737 Ridge Street, commended Mr. Simao on his comments about use of City vehicles for personal use. Mr. Antalics noted he has attended several City meetings on the historic preservation plan and the information presented is meaningful. Mr. Antalics noticed there is a disconnect between what is offered to the public in terms of intent for historic preservation and what is being done. Mr. Antalics observed there could have been an opinion made by the City that Broughal School should be preserved. Mr. Antalics highlighted the fact that he and Chris Ussler, Historic Officer, had submitted information to the State and the State said Broughal School was worthy of the National Register but nothing happened. Mr. Antalics continued on to note nothing was said about the grain cellar at Moravian College, about the Number Eight Hammer Shop at the former Bethlehem Steel Plant, or about the historic stone house on Applebutter Road. Mr. Antalics remarked that to support Martin Tower as a historic site does not make any sense. Mr. Antalics thought that City Council and the Administration should give thought to confronting the historic preservation group with the actions it takes at its meetings.

Budget and Finances

Thomas Carrell, 248 E. Union Boulevard, stressed the City does not have a revenue problem but has a spending problem. Mr. Carrell said he along with other citizens have reviewed the Budgets over the last several years and the Audit and they see a spending problem. Mr. Carrell remarked that not raising taxes for 2011 comes at the expense of borrowing $20 million, laying off workers, and increasing fees. Mr. Carrell, referring to unemployment and real estate figures in the Lehigh Valley, stressed that Council has voted to raise recycling fees. He continued on to highlight the high price of gasoline, toll rate increases, and wages that are not increasing. Mr. Carrell thought that City employees should deduct their mileage for use of their cars. Mr. Carrell advised that his review of the information provided by Attorney Spadoni to Andrew Prickler in response to his request at the November 16 Council Meeting as to who made the final decision to pay the bonds back prematurely as it relates to the landfill sale does not seem to answer the question. Mr. Carrell noted he will readdress the matter when appropriate.

Elias Market - Expansion

Sue Fang, 3218 Marchant Drive, thanked Attorney Spadoni, City Council, and those who supported her concerning the issue of Elias Market. Ms. Fang affirmed that on November 29 the Zoning Hearing Board gave Elias Market a special exception to build a loading dock and warehouse that is only 25 ft. and 40 ft. from the adjacent neighbor’s property. Explaining that the neighbors tried to bring out the facts, Ms. Fang asserted it is 300% above legal limits. Ms. Fang communicated that the purpose of the government is to protect citizens and to improve the quality of life. Ms. Fang pointed out that she worked hard in order to have her house and did not ask anybody to pay for it. Ms. Fang expressed that permission is being given to a business to override her life and it is creating a hardship for her to live there. Ms. Fang noted she hired a lawyer but is against the Zoning Hearing Board and cannot do it alone. Ms. Fang expressed her appreciation to the ordinary citizens who are fighting with her. Ms. Fang also stated she is proud and appreciative of the Members of Council who make tough decisions based on fact and principle and who are trying to improve the quality of life for citizens.

Various Issues

Dana Grubb, 2420 Henderson Place, noting that people move into a neighborhood knowing that certain conditions exist, expressed what has happened in situations such as the neighborhood in the vicinity of Elias Market is very unfair to the neighbors. Mr. Grubb observed a lot of people still use cell phones while driving. Mr. Grubb highlighted the fact that he sat for 15 minutes at a traffic light on South New Street last Friday night and pointed out something is not right with the timing of the signals. Mr. Grubb recounted he has raised the issue of personal use of City vehicles for the past five years, and it is time to address the issue as was noted in the letter from the Controller. Mr. Grubb thought that City employees should pick up a City vehicle and then drive it to where they need to address City business. Mr. Grubb questioned how Martin Tower could be on the top tier of buildings to be preserved in the preservation study other than for purposes of tax credits in order to rehabilitate the property, and yet the former Bethlehem Steel headquarters on East Third Street could be a maybe on the fourth tier and stressed it is beyond him since that contains the history of Bethlehem Steel. Mr. Grubb stated that Council made a strong statement earlier in the Meeting about lying and honesty and they need to impose the same kind of manners on the Administration when it comes to finances and budgets. Mr. Grubb stressed an end should be put to double standards that have become pervasive. Mr. Grubb stated the taxpayers should receive fair and honest treatment from the City government. Mr. Grubb said Council needs to ensure that everything that is budgeted is spent on what it needs to be, and money borrowed for one purpose is not used for another without Council’s permission. Mr. Grubb asserted that Council has the responsibility and the authority so that taxpayers do not end up paying for mistakes for the next 20 to 30 years.

Moravian College; Elias Market - Expansion

Bill Tomino, 1037 Main Street, noted that Moravian College is moving its food court to Monocacy and Laurel Streets, and enumerated other changes including moving the island to the corner of Main and Laurel Streets, and starting construction of a new Chemistry building. Mr. Tomino thought that with the state of the economy anyone who is reasonably looking to expand their long standing business should do so and communicated that he supports the Elias Market expansion. Mr. Tomino said the Zoning Hearing Board and its Chairman should be commended for the very good and professional job that was done at the meeting on the Elias Market appeal.

Elias Market - Expansion

Al Bernotas, 1004 Johnston Drive, asked City Council for their continued support with regard to the residents in the area of the Elias Market who would like to live in their homes in peace and harmony. Mr. Bernotas asked City Council to appoint a liaison to monitor on its behalf every Zoning Hearing Board meeting in order to protect the residents. Mr. Bernotas recounted the history and details surrounding the Elias Market expansion going back to August 2009. Mr. Bernotas recalled he was opposed to the expansion of the Elias Market but did not know the Zoning law, did not know about checking site plans, and did not know how to address the Zoning Hearing Board. He later checked the law and found out that the expansion by Elias Market was way beyond what it could be. Mr. Bernotas stated the Zoning Hearing Board was given false facts by the appellants. During the remand, the engineer for the appellant noted he based his decisions regarding the square footage based on the Zoning Officer. Mr. Bernotas continued on to explain that at the last meeting the Zoning Hearing Board heard the facts and still did not take back their original granting of the variance and also granted a special exception. Mr. Bernotas asked why, after the Zoning Hearing Board heard the facts, they ignored the record. Reiterating that he needs City Council to continue backing up the residents and to have Attorney Spadoni continue to represent them, Mr. Bernotas said through misrepresentation by the appellant and through an error by a municipal agency the Zoning Hearing Board ignored what was placed on the table.

Mayor Earl Schaffer – Spelling of Name; Menorah

Mary Pongracz, 321 W. Fourth Street, stated that the name of former Mayor Earl Schaffer was spelled wrong in the November 16, 2010 Minutes and in Resolution 2010-176 that renamed the Ice Rink to Earl E. Schaffer Municipal Ice Rink. Note: It was subsequently verified by copy of an Ordinance signed by Mayor Schaffer that his name was spelled correctly. Ms. Pongracz complimented Mayor Callahan and others involved with the Menorah that was placed on Payrow Plaza.

Certificate of Appropriateness – 502 East Fourth Street

Evelyn Leon, 946 E. Fifth Street, thanked Members of Council for their support of the Spanish Council’s request to partially demolish the garage at 502 East Fourth Street. Noting it was a compromise, Ms. Leon said she truly appreciates it. She pointed out that Olga Negron stepped into a difficult situation and has done a yeoman’s job in reorganizing the Council, reestablishing policies, and picking up failed programs.

City Council Meetings – Attendance of Department Heads of Representatives

Mr. Mowrer recounted when he was the Mayor he did not require his Department Heads to come to Council Meetings. Affirming that Mayor Callahan’s Department Heads come to the City Council Meetings and stay to the end with the exception of one, Mr. Mowrer observed that questions could not be answered concerning the Certificate of Appropriateness at 502 East Fourth Street since the Department Head or a staff representative were not at the Meeting this evening. Mr. Mowrer asked if there is a reason that Department does not send a representative to the Council Meetings.

Mayor Callahan confirmed that an effort is made to have Department Heads at City Council Meetings out of respect for City Council and the public and added that is a rarity. Mayor Callahan highlighted the fact that there are opportunities for Members of Council to ask questions of Department Heads and others prior to the City Council Meetings. Mayor Callahan added that Council Members could have also asked questions of the Historic Conservation Commission members prior to this evening.

The meeting was adjourned at 8:45 p.m.