Council Minutes

April 18, 2006 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street - Town Hall
Bethlehem, Pennsylvania
Tuesday, April 18, 2006 – 7:30 PM

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

President J. Michael Schweder called the meeting to order. Pastor Jack Groblewski, of New Covenant Christian Community Church, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Karen Dolan, Robert J. Donchez, Joseph F. Leeson, Jr., Gordon B. Mowrer, Magdalena F. Szabo, and J. Michael Schweder, 7.

Recognizing Boy Scouts

Mr. Leeson, Assistant Scout Master, welcomed members from Boy Scout Troop 352 of Notre Dame Church in attendance at the Meeting who were working on their citizenship in the community badges.

4. APPROVAL OF MINUTES

The Minutes of April 4, 2006 were approved.

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

Resolution 11 M - Certificate of Appropriateness – 574 Main Street

Art Schmidt stated he owns the property at 99 West Broad Street. Mr. Schmidt stated he is at the Meeting to object to the Certificate of Appropriateness for 574 Main Street to the extent that it will be covering two of his windows on his building. Mr. Schmidt advised he first learned that Ashley Development planned to cover his windows some time this Fall, and he has been to several Historic and Architectural Review Board (HARB) meetings to voice his objection, and one City Council Meeting to voice his objection. Mr. Schmidt continued on to say he has called “Ashley Development and Duane Wagner numerous times to say can we talk about this, and I’ve been told repeatedly that they’re just not ready. They need to figure out their numbers. They need to get their plans set before they can talk to me.” Informing the Members that since this Certificate of Appropriateness was recommended for passage at the HARB meeting he has talked to the Assistant City Solicitor, and has tried to talk to anybody who might be able to tell him where he could state his grievance, Mr. Schmidt said “apparently, this is the spot.” Mr. Schmidt related when he talked to the Assistant City Solicitor he said he will talk to Ashley Development and try to get someone to talk to Mr. Schmidt within the next few weeks. Mr. Schmidt, confirming that Ashley Development called him this morning, notified the Members that the agreement they tried to work out was that they would pay for a certain amount of the cost to him to put a dormer in to replace the windows he is losing. Mr. Schmidt added he needs the dormer because he will not have any egress from the bedroom without it. Mr. Schmidt advised he explained that he is already very disappointed that he is losing the only two windows in the room, and the only windows that are facing in that direction, but he is willing to live with that as long as it does not cost him anything else. Mr. Schmidt related that, late this afternoon, Duane Wagner called him back and said they had a budget they could probably work with as long as he was willing to pay for anything that went beyond that. Advising he restated his case that he would really like Ashley Development to just cover his costs, nothing more, nothing less, Mr. Schmidt was told “…we’ll have to see what we can do.” Mr. Schmidt informed the Members he is at the Meeting this evening to say he hopes rather than having to go through private, legal court proceedings to exercise his rights the matter can be resolved by coming to an agreement. Mr. Schmidt remarked if Ashley Development had been willing to talk to him anytime during the last six months he probably would not be here this evening.

President Schweder asked if Mr. Schmidt is telling the Members of Council that the first offer that he had of a specific dollar amount was made today.

Mr. Schmidt replied yes.

President Schweder, communicating that appears to be in conflict with what the minutes show of a Meeting a month ago, commented he will address it later.

Resolution 11 C - Illick’s Mill – Sublease Agreement

Larry Dugan, 1976 Main Street, said as president of the board of directors of the Illick’s Mill project he thanks City Council for their involvement towards the work to restore Illick’s Mill to an environmental education center. Mr. Dugan notified the Members that Resolution 11 C is desperately needed in order to collect grant money of $50,000 that has already been awarded by the State Department of Conservation and Natural Resources but has not been paid out, and will only be paid out with a long term lease in place. Noting that the current lease terms ends in 2010, Mr. Dugan explained the State is requesting at least a 25 year lease agreement before it will release the funds. Mr. Dugan informed the Members that the matching money would go directly towards repaying the City for work that has already been completed. In addition, Mr. Dugan advised the lease would be updated to correct the name to Illick’s Mill Partnership for Environmental Education as the subtenant in place of the now defunct Illick’s Mill Foundation. Mr. Dugan pointed out that the work of students, who have raised $800,000 of the total $1,000,000 project, for the last five years is nearing completion. Mr. Dugan invited the Members to visit Illick’s Mill to see the volunteers at work.

Chelsea Hahalis, 2113 Henderson Street, a student at Liberty High School, noted she is the grant reimbursement coordinator of the Illick’s Mill restoration project. She stressed that the organization needs every grant for which it qualifies. Ms. Hahalis, affirming that the Pennsylvania Department of Conservation and Natural Resources awarded a reimbursement grant of $50,000 for the project, confirmed one of the grant requirements is to have a sublease of at least 25 years. Ms. Hahalis respectfully asked the City to extend the lease to 25 years. She reiterated that the $50,000 will be reimbursed to the City to pay it back for its work.

Resolution 11 F - Certificate of Appropriateness – 56-B E. Market Street

Jim Wright stated he is a resident of 56 East Market Street, and is addressing the Members concerning a Certificate of Appropriateness for 56-B E. Market Street which is part of the property he owns. Mr. Wright, advising he had requested to replace a damaged window on an apartment that he has in the back, explained it was a request to replace a wood window with a vinyl window. Mr. Wright said his understanding is that it was denied. Mr. Wright communicated the window that is being taken out is wood with a vinyl siding on it, and is being removed because it was built in the 1950’s, over the years it has deteriorated, it is non-functional, and he wanted to replace it with something that would not change the exterior appearance of the structure. Consequently, Mr. Wright affirmed he got another window that has the same shape, size, and functionality, but the key difference is that it would be a vinyl window as opposed to a wood-clad or vinyl-clad window. Mr. Wright informed the Members that the particular apartment is not visible from any main thoroughfare, the only street it is visible from is the alleyway that is part of School Street, and is three structures down. He continued on to explain that, from School Street, if one walks 50 feet to the left or 50 feet to the right of the window “you can’t see it just because of the way the building is built and structured. But the actual exterior appearance of the building would be identical to what it was prior to us replacing this with a functional window.” Mr. Wright stated he wanted to voice his concern and ask for consideration on this matter.

President Schweder highlighted the fact that the proposal from the Historic and Architectural Review Board (HARB) is asking City Council to approve what HARB recommended to which Mr. Wright is opposed.

Mr. Wright said “I do not know what they have recommended. My understanding was I thought they had turned it down.”

President Schweder read to Mr. Wright the HARB recommendation that the proposal to replace a window at 56-B East Market Street was presented by Christine Fulmer Wright; The new window will be a wood, factory painted window instead of the proposed vinyl replacement window; The…HARB recommended a Norwood window because of the high quality, long lasting factory paint finish. Other wood windows with a paint finish will also be acceptable; The new window should match the old in size and type; The window opening shall not be blocked down to fit a smaller window; The new window is to be painted white to match the existing trim and windows; The proposed work was unanimously approved.

President Schweder inquired whether Mr. Wright’s position is for City Council not to accept this proposal.

Mr. Wright advised he was not able to be at the meeting, his wife attended, he was notified he needed to be at the HARB meeting four days prior and he already had business scheduled in New York. Mr. Wright repeated his concern is that the exterior appearance of the structure is the same no matter which type of window is put in. Mr. Wright informed the Members that his mother-in-law had already spent the money for the window based upon the recommendation received from a local contractor. Mr. Wright continued on to point out that for anybody who would be standing on the street looking at the structure they would not be able to tell the difference between that type of window versus what his mother-in-law had already purchased.

President Schweder suggested that the Resolution be tabled so that clarification can be obtained, and Mr. Wright should look at what is being recommended.

Mr. Wright reiterated he is opposed to the recommendation for the main reason that appearance and functionality-wise there is no difference between the window his mother-in-law already purchased and the one the HARB is recommending. Mr. Wright said he would like to try to avoid her having to spend hundreds of additional dollars to buy a different window, especially when from the outside nobody will ever see, or know, or understand the difference in the composition of the window.

6. OLD BUSINESS

Town Hall Renovations

Mr. Mowrer complimented Charles Brown, Director of Parks and Public Property, for the great job done on refinishing the tables in Town Hall.

7. COMMUNICATIONS

A. Lehigh Valley Planning Commission – Zoning Ordinance Text Amendment – Personal Care and Assisted Living Facilities

The Clerk read a letter dated March 31, 2006 from Frederic H. Brock, Assistant Director, Lehigh Valley Planning Commission, stating that the Zoning Ordinance Amendment for Personal Care and Assisted Living Facilities was reviewed at the Commission's Meeting on March 30, 2006, and the Commission considers the amendment to be a matter of local concern and voted to offer no comment.

President Schweder stated that Bill No. 8 – 2006 is listed on the Agenda for Final Reading along with Amendments.

B. Director of Planning and Zoning – Approving Application for Northampton County Grant Funds – South Bethlehem Greenway

The Clerk read a memorandum dated March 30, 2006 from Darlene Heller, Director of Planning and Zoning, to which was attached a proposed resolution for the acquisition of Northampton County grant funds for the South Bethlehem Greenway. The City is applying for $800,000 which will be utilized for both acquisition and development of the greenway.

President Schweder stated that the authorizing Resolution can be placed on the May 2 Agenda.

8 . REPORTS

A. President of Council

None.

B. Mayor

None.

C. Finance Committee

Mr. Leeson, Chairman of the Finance Committee, presented an oral report of the Committee’s meeting held Tuesday, April 11, 2006 on the following subjects: Amending Non-Utility Capital Budget– LED Traffic Signals Project; Amending Liquid Fuels Fund Budget – 2006 Allocation; Transfer of Funds – Sewer Capital Budget – South Secondary Digester Repairs; Amending Article 1120 – EMS Fees – Increase; Amending General Fund Budget – EMS Bureau – Operating Supplies and Equipment; and Transfer of Funds – EMS Bureau – Telephone System Replacement.

D. Community Development Committee

Ms. Szabo, Chairwoman of the Community Development Committee, presented an oral report of the Committee's meeting held April 18, 2006 prior to this evening's City Council Meeting, on the following subjects: Pennsylvania Department of Community and Economic Development Grant – Moravian House IV; and Pennsylvania Department of Community and Economic Development Grant – Elm Street Manager.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 8 - 2006 – Zoning Text Amendment – Assisted Living Facilities and Personal Care Centers

The Clerk read Bill No. 8 – 2006, Zoning Text Amendment – Assisted Living Facilities and Personal Care Centers, on Final Reading.

Amendment to Bill No. 8 – 2006

Ms. Dolan and Mrs. Belinski sponsored the following Amendment:

That the Title of Bill No. 8 – 2006 which reads as follows:

AN ORDINANCE AMENDING ARTICLE 1302, [1305,] 1306, 1307, 1308, 1308A, 1309, 1319, and 1325 OF THE ZONING ORDINANCE OF THE CITY OF BETHLEHEM, PENNSYLVANIA, AS AMENDED, ENTITLED DEFINTIONS, [R-S RESIDENTIAL DISTRICT,] R-G RESIDENTIAL DISTRICT, R-T RESIDENTIAL DISTRICT, R-M RESIDENTIAL DISTRICT, R-RRC RESIDENTIAL RETIREMENT COMPLEX, I INSTITUTIONAL DISTRICT, OFF-STREET PARKING AND LOADING, AND SPECIAL CONDITIONS AND SAFEGUARDS FOR SPECIAL EXCEPTION USES. TO DEVELOP PROVISIONS FOR PERSONAL CARE FACILITIES AND ASSISTED LIVING FACILITIES

shall be amended to read as follows:

AN ORDINANCE AMENDING ARTICLE 1302, 1306, 1307, 1308, 1308A, 1309, 1319, and 1325 OF THE ZONING ORDINANCE OF THE CITY OF BETHLEHEM, PENNSYLVANIA, AS AMENDED, ENTITLED DEFINTIONS, R-G RESIDENTIAL DISTRICT, R-T RESIDENTIAL DISTRICT, R-M RESIDENTIAL DISTRICT, R-RRC RESIDENTIAL RETIREMENT COMPLEX, I INSTITUTIONAL DISTRICT, OFF-STREET PARKING AND LOADING, AND SPECIAL CONDITIONS AND SAFEGUARDS FOR SPECIAL EXCEPTION USES. TO DEVELOP PROVISIONS FOR PERSONAL CARE FACILITIES AND ASSISTED LIVING FACILITIES

That Section 4. which reads as follows:

SECTION 4. That Section 1305.02(c) of the Zoning Ordinance of the City of Bethlehem, as amended, entitled Use Regulations, is hereby amended to add the following new subsection:

1305.02(c)(3) Personal Care Centers, Assisted Living Facilities.

Shall be amended to read as follows:

SECTION 4. That Section 1306.02(c) of the Zoning Ordinance of the City of Bethlehem, as amended, entitled Use Regulations, is hereby amended to add the following new subsection:

1306.02(c)(3) Personal Care Centers, Assisted Living Facilities.

That Section 8 which reads as follows:

SECTION 8. That Section 1325.08 of the Zoning Ordinance of the City of Bethlehem, as amended, entitled Special Conditions and Safeguards for Special Exception Uses, is hereby amended to add the following new subsection:

1325.08 (L) Personal Care Centers and Assisted Living Facilities

(1) No building shall be erected nearer than 30 feet from any lot line within a
residential district.

(2) Buffer yards as required by Article 1318.23 shall be provided.

(3) The maximum permitted density shall not exceed 25 units per acre.

(4) The facility shall have obtained any and all licenses and permits required by the Federal, State, or Local government which may be relevant to the facility.

(5) A minimum of twenty (20) percent of the site shall be suitable and developed for outdoor passive recreation uses. The passive recreation areas may include, but shall not be limited to sitting areas and pedestrian walks.

(6) In a residential zone, Personal Care Centers or Assisted Living Facilities shall be permitted only on arterial or collector roads.

Shall be amended by the addition of the following paragraphs (7) and (8)

(7) The location, design, and operating characteristics of the use shall be
compatible with and not adversely affect adjacent properties and the surrounding area. The proposed development shall be harmonious with surrounding buildings with respect to scale, architectural design and building placement.

(8) In a residential zoning district, assisted living facilities are limited to a
maximum of 30 residential units.

Voting AYE on the Amendment to Bill No. 8 – 2006: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Amendment passed.

Voting AYE on Bill No. 8 – 2006, as Amended: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 8 – 2006, hereafter to be known as Ordinance 4380, was declared adopted.

10. NEW ORDINANCES

A. Bill No. 16 – 2006 – Amending Non-Utility Capital Budget – LED Traffic Signals Project

The Clerk read Bill No. 16 – 2006 – Amending Non-Utility Capital Budget, sponsored by Mr. Donchez and Ms. Szabo, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2006 CAPITAL BUDGET FOR NON-UTILITIES.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 16 – 2006 was declared passed on First Reading.

B. Bill No. 17 – 2006 – Amending Liquid Fuels Fund Budget – 2006 Allocation

The Clerk read Bill No. 17 – 2006 – Amending Liquid Fuels Fund Budget – 2006 Allocation, sponsored by Mr. Donchez and Ms. Szabo, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE LIQUID FUELS FUND BUDGET FOR 2006.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 17 – 2006 was declared passed on First Reading.

C. Bill No. 18 – 2006 – Amending General Fund Budget – EMS Bureau – Operating Supplies and Equipment

The Clerk read Bill No. 18 – 2006 – Amending General Fund Budget – EMS Bureau – Operating Supplies and Equipment, sponsored by Mr. Donchez and Ms. Szabo, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2006.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 18 – 2006 was declared passed on First Reading.

D. Bill No. 19 – 2006 – Amending Article 1120 – Emergency Medical Services – EMS Fees

The Clerk read Bill No. 19 – 2006 – Amending Article 1120 – Emergency Medical Services – EMS Fees, sponsored by Mr. Donchez and Ms. Szabo, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 1120 OF THE CODIFIED ORDINANCES
ENTITLED EMERGENCY MEDICAL SERVICES.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 19 – 2006 was declared passed on First Reading.

11. RESOLUTIONS

A. Transfer of Funds – Sewer Capital Budget – South Secondary Digester Repairs

Mr. Donchez and Mrs. Belinski sponsored Resolution No. 14,822 that transferred $75,000 in the Sewer Capital Fund Budget, as follows: $50,000 from the Sludge Thickener Eval/Impr. Account and $25,000 from the N. Primary Digester Brick Repointing Account, to the Rep Inn/Out Mbrn S. Sec DG Account, to perform immediate replacement of failed membrane in dystor.

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

B. Transfer of Funds – EMS Bureau – Telephone System Replacement

Mr. Donchez and Mrs. Belinski sponsored Resolution No. 14,823 that transferred $5,000 in the General Fund Budget from the Unforeseen Contingency Account to the General Expenses-Communications Account, to provide funding to replace the EMS Bureau telephone system.

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

C. Authorizing Amendment No. 1 to Sublease Agreement – Illick's Mill

Mr. Donchez and Mrs. Belinski sponsored Resolution No. 14,824 that authorized the Mayor and the Controller to execute Amendment No. 1 to Sublease Agreement between the City and Illick's Mill Partnership for lease of Illick's Mill until March 31, 2031 according to the terms and conditions of the agreement.

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

D. Authorizing Request for DCED Funding – Moravian House IV

Mr. Donchez and Mrs. Belinski sponsored Resolution No. 14,825 that authorized the filing of a proposal for Moravian House IV to obtain $254,620 from the Pennsylvania Department of Community and Economic Development (DCED) to demolish the existing building at 70 West North Street and construct a mixed-use building containing eight residential units. Moravian House IV will assume the provision of the full local share of the project costs and will reimburse the Commonwealth for the DCED's share of any expenditures found by DCED to be ineligible.

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

E. Authorizing Request for DCED Funding – Elm Street Manager

Mr. Donchez and Ms. Szabo sponsored Resolution No. 14,826 that authorized the filing of a proposal for the City to obtain $150,000 from the Pennsylvania Department of Community and Economic Development for contracted services for an Elm Street Manager. The City will assume the provision of the full local share of project costs and will reimburse the Commonwealth for the State's share of any expenditures found by DCED to be ineligible.

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

F. Certificate of Appropriateness – 56-B E. Market Street

Mrs. Belinski and Ms. Dolan sponsored Resolution 11 F that granted a Certificate of Appropriateness to replace a window at 56-B East Market Street.

Ms. Dolan asked if Council’s approval would require the homeowner to purchase a new window.

President Schweder noted it would be binding on the homeowner to purchase a new window.

Ms. Dolan queried, if the Historic and Architectural Review Board (HARB) does not allow vinyl windows in the Historic District, is it a good enough reason that the homeowner already purchased a vinyl type window because he was not fully aware of the rules, and would it be establishing a precedent in the event other homeowners want vinyl windows perhaps that can be seen from the streetway.

President Schweder, acknowledging that Ms. Dolan’s questions are something that each Member of Council must consider, highlighted the fact that the current members of the Historic and Architectural Review Board have been very consistent in their opposition to vinyl windows, but recalled that has not always been the case. President Schweder noted it is left open to the definitions of HARB which is advisory and ultimately with City Council.

President Schweder, in response to Ms. Szabo, explained the speaker was asking City Council to oppose the Resolution because it would establish the need for him to get new windows made of wood and not of vinyl. Suggesting that the Resolution be tabled, President Schweder stated he would want the Council Solicitor to review the question of whether rejecting the request means the homeowner is allowed to install the vinyl window and the matter does not automatically revert back to the Historic and Architectural Review Board. President Schweder indicated that tabling the Resolution would also provide time to contact the Historic and Architectural Review Board about the matter.

Tabling Resolution 11 F - Certificate of Appropriateness – 56-B E. Market Street

Mr. Leeson and Ms. Dolan moved to Table Resolution 11 F. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

Motion – Considering Resolutions as a Group

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

G. Certificate of Appropriateness – 38 West Market Street

Mrs. Belinski and Ms. Dolan sponsored Resolution 14,827 that granted a Certificate of Appropriateness to replace the existing front porch with limestone and marble steps at 38 West Market Street.

H. Certificate of Appropriateness – 427 North New Street

Mrs. Belinski and Ms. Dolan sponsored Resolution 14,828 that granted a Certificate of Appropriateness to install light fixtures to illuminate the wooden sign at the Kemmerer Museum at 427 North New Street.

I. Certificate of Appropriateness – 425 Center Street

Mrs. Belinski and Ms. Dolan sponsored Resolution 14,829 that granted a Certificate of Appropriateness to install two lights and posts at 425 Center Street.

J. Certificate of Appropriateness – 133 Wall Street, Rear

Mrs. Belinski and Ms. Dolan sponsored Resolution 14,830 that granted a Certificate of Appropriateness to replace the roof and garage doors at 133 Wall Street, Rear.

K. Certificate of Appropriateness – 360 Conestoga Street

Mrs. Belinski and Ms. Dolan sponsored Resolution 14,831 that granted a Certificate of Appropriateness to paint the east, south, and west walls of 360 Conestoga Street.

L. Certificate of Appropriateness – 507 Main Street

Mrs. Belinski and Ms. Dolan sponsored Resolution 14,832 that granted a Certificate of Appropriateness to replace the rear exit doors at 507 Main Street.

Voting AYE on Resolutions 11G through 11L: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolutions passed.

M. Certificate of Appropriateness – 574 Main Street

Mr. Donchez and Mrs. Belinski sponsored Resolution 11 M that granted a Certificate of Appropriateness to reconstruct the fire damaged building at 574 Main Street.

Ms. Dolan, while commenting she sympathizes with the neighbor, stated she is not sure that the issue relates to a Certificate of Appropriateness in order to solve the problem of the neighbor. Ms. Dolan, observing that a neighbor could have a problem with any development next door to them, pointed out that whether or not it is historically appropriate is a different question. Ms. Dolan expressed she does not see how Council’s vote on the Certificate of Appropriateness has anything to do with helping out the neighbor. Ms. Dolan wondered if there are other avenues through zoning or some other appropriate means.

Mrs. Belinski, recounting that originally City Council approved a Resolution for a Certificate of Appropriateness for the building to be restored historically accurately, observed since that is not a possibility any more the new building will be more or less a modern building. Mrs. Belinski stressed that, by approving the Resolution, City Council would be interfering with the neighbor who does have a historic building, and the work at 574 Main Street would more or less deface his building and shut out light. Mrs. Belinski indicated that, by passing the Resolution tonight, it will affect the neighbor next door which she does not think is right.

Mr. Mowrer commented this is a conflict between two parties and it seems the issue is not necessarily whether they are keeping it historic or not. Mr. Mowrer stated he does not think City Council should get involved in the conflict between the two parties.

Mr. Donchez, stating his agreement with Mr. Mowrer, said he thinks this is an issue between two parties, and City Council has to vote on a Certificate of Appropriateness. Mr. Donchez added he does not think City Council should establish a precedent by getting involved in the issue.

Ms. Szabo questioned, if the building is going to be in keeping with the historic appearance, did the original building block the windows of the adjacent building. Ms. Szabo observed if there was no blockage from the original building then therefore the current project is not keeping with the historic aspect.

President Schweder related what he and Mr. Mowrer were told during their visit to the site was that the building was not being restored exactly as it was, the third floor was being expanded somewhat significantly and it was covering up windows that had never been covered up before. President Schweder continued on to say they were given assurances during that tour that this was going to be resolved prior to Council’s voting on the matter. President Schweder added it is increasing the size of the building from what was torn down.

Ms. Szabo wondered whether the building plans still have to go to the Planning Commission. President Schweder explained that the plans were approved by HARB and are now sitting before City Council, would not go to the Planning Commission but may go to the Planning Bureau.

President Schweder, while acknowledging he does not disagree this is a conflict at this point between two property owners, recalled that throughout the process City Council was told one thing which obviously turns out not to be true, and that is when he and Mr. Mowrer were on site they were told that windows would still be available.

President Schweder, referring to the minutes of the March 21, 2006 City Council Meeting at which the previous Certificate of Appropriateness to demolish the storefront and foundation of 574 Main Street was considered, noted that Ms. Dolan observed it is difficult to vote in favor of demolishing a building that people grew to love, and highlighted the fact that what precipitated the present condition of the building was the fire. President Schweder continued on to read that Mr. Mowrer said his understanding is that two of the windows on the West side will be covered up and two will not. President Schweder interjected it is known that is not correct. President Schweder, continuing on to reference the March 21 minutes, noted that in response to Ms. Szabo’s question he had responded no in noting the third floor of the building at 574 Main Street will not be reconstructed to the original appearance and will be expanded. The individual next door felt if that would happen it would be appropriate for him to be compensated for installation of a skylight for natural light. Reading from Mr. Hanna’s comments in the minutes, President Schweder noted Mr. Hanna had advised the matter was resolved today, explained there will be a dormer off the back for light instead of a skylight, and added that the adjacent property owner is satisfied with the resolution. President Schweder observed, from what the Members of Council have been told by the property owner tonight, none of that ever happened.

President Schweder suggested tabling the Resolution for two weeks to see if the issue can be resolved and if Mr. Hanna can participate in that since he was knowledgeable about what was happening. President Schweder, pointing out that all want to see the building constructed as soon as possible, observed what would be done is to force Mr. Schmidt to seek legal remedy which will delay the project for months.

Tabling Resolution 11 M - Fails

Mrs. Belinski and Ms. Szabo moved to Table Resolution 11 M. Voting AYE: Mrs. Belinski, Ms. Szabo, and Mr. Schweder, 3. Voting NAY: Ms. Dolan, Mr. Donchez, Mr. Leeson, and Mr. Mowrer, 4. The motion failed.

M. Certificate of Appropriateness – 574 Main Street

Ms. Dolan, communicating she would rather not vote to turn it down to send a message, stated she does not think the role of Council is to be sending messages. Ms. Dolan inquired if someone wants to make changes to their building in accordance with the Codes and it is not in the Historic District would the individual be turned down because they were blocking the window of a neighbor.

Darlene Heller, Director of Planning and Zoning, affirming it is a Building Code question, explained her understanding is that permits are issued for a property on which the structure is located. Ms. Heller continued on to express her understanding is that the application meets the Building Code as it is proposed.

Ms. Dolan stated she would like an answer from the building code officer.

Reconsidering the Vote to Table Resolution 11 M

Mrs. Belinski moved to reconsider the vote to table Resolution 11 M. Ms. Szabo seconded the motion. Voting AYE: Mrs. Belinski, Ms. Dolan, Ms. Szabo, and Mr. Schweder, 4. Voting NAY: Mr. Donchez, Mr. Leeson, and Mr. Mowrer, 3. The motion passed.

M. Certificate of Appropriateness – 574 Main Street

Ms. Dolan, expressing she would like to get a clear answer on what exactly City Council would be doing by utilizing a Certificate of Appropriateness to basically intervene in what she looks at as a zoning-related matter, said she would like to research that and the time to do so. Ms. Dolan pointed out it would also give the homeowner another two weeks. Ms. Dolan, stating she does not think a Certificate of Appropriateness will eventually be the place to turn it down one way or the other, said she would like the Certificate of Appropriateness tabled so the matter can go back, and a there can be report back to City Council on the property owner’s success with Ashley Development.

Mrs. Belinski, noting she grew up a few blocks from the building that was then Weinland’s Hardware Store, stressed it upsets her, in view of the fact that the fire occurred a year ago last January, that the building has sat there all this time. Pointing out this winter’s weather was not severe but was last year, Mrs. Belinski asked why was the building not covered to protect the walls that are now found to be crumbling and impossible to restore to their historical correctness. Mrs. Belinski questioned why that was allowed to happen. Mrs. Belinski wondered did the owner really want to tear it down and did not want to historically restore it.

Motion to Table Resolution 11 M - Certificate of Appropriateness – 574 Main Street

Ms. Dolan moved to Table Resolution 11 M. Mrs. Belinski seconded the motion. Voting AYE: Mrs. Belinski, Ms. Dolan, Ms. Szabo, and Mr. Schweder, 4. Voting NAY: Mr. Donchez, Mr. Leeson, and Mr. Mowrer, 3. The motion passed.

12. NEW BUSINESS

Committee Meeting Announcements

Chairman Mowrer announced a Public Works Committee meeting on Tuesday, May 2, 2006 at 6:00 PM in Town Hall on the Bethlehem Authority’s sale of land in Salisbury Township to Lehigh County.

Chairman Donchez announced a Public Safety Committee meeting on Thursday, April 27, 2006 at 4:15 PM in the Mayor’s Conference Room to receive updates from the Police, Fire, and EMS departments.

13. COURTESY OF THE FLOOR

Curbside Trash Pickup and Zoned Hauling Proposal

Dave Sanders, 69 E. Goepp Street, said 20 years ago the comment was made that citizens wanted private trash hauling but it still does not work. Mr. Sanders remarked one would be amazed at the garbage that can be seen on Ettwein Street tonight, or on New Street. Mr. Sanders recalled that 5 years ago then Mayor Cunningham reviewed the matter and 5 years later the issue of zoned hauling is still being discussed. Mr. Sanders noted that an individual is given 30 days to correct a garbage related problem. Mr. Sanders enumerated the monthly garbage collection rates of $13 in Freemansburg and $23 in Fountain Hill. Mr. Sanders continued on to relate that the monthly garbage curbside pickup rate for the 1,431 Bethlehem Authority units is roughly $19.12 for twice a week pickup. Mr. Sanders noted some of the savings that might be realized with curbside and zoned pickup are reduced maintenance expense for the City’s alleys and streets, fuel costs, possible elimination of South Side clean up, savings in the City’s not having to pick up trash on Williams Street. In addition, Mr. Sanders noted there may not have to be double parking of trash hauling vehicles on the streets. Mr. Sanders, pointing out there are very few private haulers remaining, highlighted the fact that the garbage truck that picks up his garbage still says Wayne Snyder Hauling but Wayne Snyder has been out of business for 20 years, and when his business was bought so was his name. Focusing on a City Recycling Bureau publication and noting the Recycling program has received an award, Mr. Sanders stressed that Thomas Marshall, Recycling Coordinator, does a good job with trash. Referring to the discussion at the April 4, 2006 City Council Meeting that Mr. Marshall had made a comment out of text, Mr. Sanders asserted “I think he said what had to be said. If somebody’s not going to take care of the trash, then he’s going to propose to the City a different method. And, I, for one, applaud him for his efforts…and I hope City Council talks to Mr. Marshall and says a job well done…”.

Breakdown of City Revenues and Expenditures

William Scheirer, 1890 Eaton Avenue, suggested that, similar to the Federal Government’s breakdown of Federal Revenues and Federal Expenditures in the instructions for Form 1040, the City could do the same thing when the real estate bills are sent to citizens.

Trash – South Side

Mary Pongracz, 321 West Fourth Street, pointed out that if some people would not come on the South Side and throw their trash around, the South Side would be clean, too.

Historic Districts and Regulations

Ms. Pongracz, affirming she is a member of the South Bethlehem Historic Conservation Commission, advised that by Federal law the Commission is not allowed by the City to issue permits for windows. Ms. Pongracz informed the Members that most of last night’s meeting of the
South Bethlehem Historic Conservation Commission was spent talking about the issue of windows. Ms. Pongracz continued on to advise that the Commission cannot go to vendors and say in order to install a window they must follow what is required under the historic code. Ms. Pongracz, stressing that the type of window makes a lot of difference if the integrity of historic buildings is to be maintained, communicated what needs to be done is to understand the importance of historic preservation. She noted a requirement is that when a window is installed it must cover the existing space of the older window, and a smaller window cannot be installed. Ms. Pongracz suggested that it is time for perhaps a Committee of Council to review both the Ordinances of Historic Bethlehem and South Bethlehem Historic Conservation District in order to update them. Ms. Pongracz pointed out that, in view of the fact that the Mount Airy Historical District is in the process of being added, it might be the best time for a review. Commenting she is interested in historic preservation for the benefit of the entire community, especially for youth who do not know what Bethlehem Steel was, Ms. Pongracz asserted there will be tears if the former Bethlehem Steel’s blast furnaces are torn down.

14. ADJOURNMENT

The meeting was adjourned at 8:35 p.m.

ATTEST:

City Clerk