Council Minutes
May 17, 2006 Meeting Minutes
BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Wednesday, May 17, 2006 – 7:30 PM – Town Hall
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
President J. Michael Schweder called the meeting to order.
Reverend Jennika Borger, Edgeboro Moravian 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.
4. APPROVAL OF MINUTES
The Minutes of May 2, 2006 were approved.
5. COURTESY OF THE FLOOR (for public comment on ordinances
and resolutions to be voted on by Council this evening)
None.
6. OLD BUSINESS
None.
7. COMMUNICATIONS:
A. City Solicitor – Use Permit Agreement for Public
Property – 2006 Borinquenfest
The Acting Clerk read a memorandum dated May 11, 2006 from
John F. Spirk, Jr., City Solicitor, to which was attached
a proposed Use Permit Agreement for Public Property between
the Puerto Rican Cultural Coalition of Bethlehem and the City
for use of the area beneath the Hill-to-Hill Bridge for the
2006 Borinquenfest for the time period June 19, 2006 to June
29, 2006, according to the terms and conditions of the agreement.
President Schweder advised that the authorizing Resolution
will be placed on the June 6 Agenda.
B. Assistant City Solicitor – Amendment No. 3 to Lease
Agreement – Police Substation – 723 Center Street
The Acting Clerk read a memorandum dated May 11, 2006 from
Joseph M. Kelly, Assistant City Solicitor, to which was attached
a proposed Amendment No. 3 to Lease Agreement between Fred
A. Achey and the City for lease by the City of 723 Center
Street for a Police Substation in the amount of $310 per month,
according to the terms and conditions of the agreement.
President Schweder advised that the authorizing Resolution
will be placed on the June 6 Agenda.
8. REPORTS
A. President of Council
B. Mayor
1. Administrative Order – H. Dennis Christie –
Fine Arts Commission
Dennis W. Reichard, Acting Mayor, read the Mayor's Administrative
Order reappointing H. Dennis Christie to the Fine Arts Commission,
effective until March 2009. Mr. Donchez and Ms. Szabo sponsored
Resolution 14,837 to confirm the appointment.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
Considering Resolutions as a Group
By unanimous consent, Resolutions 8B2 through 8B7 were considered
as a group.
2. Administrative Order – Carol Dimopoulos –
Fine Arts Commission
Dennis W. Reichard, Acting Mayor, read the Mayor's Administrative
Order reappointing Carol Dimopoulos to the Fine Arts Commission,
effective until May 2009. Mrs. Belinski and Ms. Szabo sponsored
Resolution 14,838 to confirm the appointment.
3. Administrative Order – Sandra Gillen – Fine
Arts Commission
Dennis W. Reichard, Acting Mayor, read the Mayor's Administrative
Order reappointing Sandra Gillen to the Fine Arts Commission,
effective until December 2008. Mr. Donchez and Mrs. Belinski
sponsored Resolution 14,839 to confirm the appointment.
4. Administrative Order – Mari Girardot – Sister
City Commission
Dennis W. Reichard, Acting Mayor, read the Mayor's Administrative
Order reappointing Mari Girardot to the Sister City Commission,
effective until April 2009. Mrs. Belinski and Mr. Mowrer sponsored
Resolution 14,840 to confirm the appointment.
5. Administrative Order – Pete Ramos – Redevelopment
Authority
Dennis W. Reichard, Acting Mayor, read the Mayor's Administrative
Order reappointing Pete Ramos to the Redevelopment Authority,
effective until March 2011. Mr. Donchez and Ms. Szabo sponsored
Resolution 14,841 to confirm the appointment.
6. Administrative Order – Paul Reitmeir – Bethlehem
Housing Authority
Dennis W. Reichard, Acting Mayor, read the Mayor's Administrative
Order reappointing Paul Reitmeir to the Bethlehem Housing
Authority, effective until May 2011. Mr. Donchez and Ms. Szabo
sponsored Resolution 14,842 to confirm the appointment.
7. Administrative Order – Sharon Yoshida – Sister
City Commission
Dennis W. Reichard, Acting Mayor, read the Mayor's Administrative
Order reappointing Sharon Yoshida to the Sister City Commission,
effective until March 2009. Mr. Donchez and Ms. Szabo sponsored
Resolution 14,843 to confirm the appointment.
Ms. Dolan stated that although she does not know all of
the appointees, she is Council's liaison to the Bethlehem
Housing Authority and said that Paul Reitmeir is an outstanding
member, works very hard as do all the other members, and is
happy he is being reappointed.
Voting AYE on Resolutions 8B2 through 8B7: Mrs. Belinski,
Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo,
and Mr. Schweder, 7. The Resolutions passed.
9. ORDINANCES FOR FINAL PASSAGE
None.
10. NEW ORDINANCES
None.
11. RESOLUTIONS
A. Amending EIT Rules and Regulations
Mrs. Belinski and Mr. Mowrer sponsored Resolution 14,844
that amended Section 201 of the Rules and Regulations for
Tax on Earned Income and Net Profits, by the addition of paragraph
(c) in Section 201, to read as follows:
Section 201. Persons Subject/Not Subject To Tax.
(c) non-residents of City of Bethlehem and Coterminous Taxing
Districts, who are employed by a business located in City
of Bethlehem but who do not report to said employer in City
of Bethlehem and have no nexus with City of Bethlehem, are
not subject to this tax.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
B. Authorizing Records Destruction – Solicitor's Office
Mr. Donchez and Ms. Szabo sponsored Resolution 14,845 that
authorized the disposition of the public records of the Solicitor's
Office, as listed in Exhibit A, according to schedules and
procedures for the disposition of records as set forth in
the Municipal Records Manual approved on July 16, 1993 and
Resolution 13,076.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
C. Approving Bethlehem Authority Land Sale to Lehigh County
Mr. Donchez and Mrs. Belinski sponsored Resolution 14,846
that approved the sale of approximately 123.3 acres of land
in Salisbury Township by the Bethlehem Authority to Lehigh
County, 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. Certificate of Appropriateness – 254 East Wall Street
Mrs. Belinski and Mr. Mowrer sponsored Resolution 14,847
that denied a Certificate of Appropriate to retain the new
six-panel wood front door that was installed without HARB
review at 254 East Wall Street.
President Schweder explained that this Certificate of Appropriateness
is for work that has already been done. HARB has asked Council
to deny the Certificate which then would require the homeowner
to return before HARB. He said if Council votes in the affirmative
it would be to deny the work that has been done, but if there
are Members of City Council who are interested in seeing that
the door and the work done by the individual stays, Council
would have to amend the Resolution from "deny" to
"approve". President Schweder asked if there was
a motion by anyone who wishes to keep it. There being none,
he explained then that an affirmative vote would be to do
what is requested by the HARB and deny the action that was
taken by the homeowner.
Ms. Dolan questioned whether this would then go back to
HARB for them to look at again. President Schweder responded
that the homeowner would have to go back before the Board
and the Board would have to come forward with a different
recommendation or would work with the property owner to alter
the door that is there. Ms. Dolan asked if that is if the
denial is approved. President Schweder said that is correct.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
Considering Resolutions 11E through 11H as a Group
Mr. Donchez and Ms. Dolan moved that Resolutions 11E through
11H be considered as a group. Voting AYE: Mrs. Belinski, Ms.
Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and
Mr. Schweder, 7. The motion passed.
E. Certificate of Appropriateness – 402 North New Street
Mrs. Belinski and Mr. Mowrer sponsored Resolution No. 14,848
that granted a Certificate of Appropriateness to relocate
a detached garage and create 3 off-street parking spaces at
402 North New Street.
F. Certificate of Appropriateness – 443 Center Street
Mrs. Belinski and Mr. Mowrer sponsored Resolution No. 14,849
that granted a Certificate of Appropriateness to replace the
storm windows and paint the exterior trim at 443 Center Street.
G. Certificate of Appropriateness – 41 East Market
Street
Mrs. Belinski and Mr. Mowrer sponsored Resolution No. 14,850
that granted a Certificate of Appropriateness to stucco the
garage, paint both garages, and install fencing at 41 East
Market Street.
H. Certificate of Appropriateness – 423 First Avenue
Mrs. Belinski and Mr. Mowrer sponsored Resolution No. 14,851
that granted a Certificate of Appropriateness to replace an
existing 3' picket fence with a 4' wood picket fence at 423
First Avenue.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolutions
passed.
Motion to Remove Tabled Certificate of Appropriateness –
56B East Market Street
Mrs. Belinski and Ms. Dolan moved to remove Certificate
of Appropriateness for 56B East Market Street that was tabled
April 18, 2006. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr.
Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder,
7. The Motion passed.
President Schweder explained that what is before Council
is the Resolution as sent to Council by the HARB. On the advice
of Council's Solicitor, Christopher T. Spadoni, President
Schweder stated that if Council wishes to allow for the vinyl
replacement window, the Resolution needs to be amended. President
Schweder asked if there is a member of Council who wishes
to make a motion to approve the vinyl window.
Mrs. Belinski and Mr. Leeson moved the following amendment:
That Resolution 11 F be amended by addition of the following
paragraph:
"Whereas, the new window will be a vinyl replacement
window instead of the proposed wood, factory painted window."
Ms. Dolan stated that she has a concern that Council would
be establishing precedent. She said the reason why she is
in favor of allowing the vinyl replacement window is because
the window cannot be seen and the property is a non-contributing
property to the Historic District. Ms. Dolan asked if it would
be appropriate to additionally amend the resolution to add
language so that later down the road the HARB doesn't hear
that vinyl windows were allowed at 56B East Market Street.
She asked if it should be stated in the amendment that there
was a reason for doing this.
President Schweder said it is his belief that Council would
not be establishing a precedent. He said that this was something
talked about previously, that City Council does not necessarily
follow precedent that was there before, and in their advisory
capacity they make independent decisions, and it would be
Council going forward that would continue to do the same thing.
He said the concerns Ms. Dolan raised will be placed in the
minutes and will be reflected. He said if someone does come
back, they will see that was a rationale, at least for Ms.
Dolan, and none of the other members either objected or contradicted
that. President Schweder indicated he did not think any more
would have to be added, and that Ms. Dolan's concerns were
met.
Ms. Dolan then stated, she said firmly for the record, that
this does not mean that she is for vinyl windows in the Historic
District, but it means that she doesn't see the point in denying
it when it cannot be seen and when it is a non-contributing
building.
Mrs. Belinski pointed out that the applicant's son-in-law
explained a few weeks ago that within a certain amount of
feet of this building there are other replacement vinyl windows
put in some time ago, and evidently they got through the HARB
or weren't even submitted and just got by. She said she doesn't
see a problem with this.
Mr. Mowrer asked what the Administration's view is on this.
Tony Hanna, Director of Community and Economic Development,
stated that they are fine with the recommendation.
Ms. Szabo asked for clarification on the vote. In answer
to Ms. Szabo's question, President Schweder stated that the
amendment that would allow for the vinyl window would be voted
on first. After that, and if it is approved or disapproved,
Council will then vote on the Resolution.
Voting AYE on the Amendment: Mrs. Belinski, Ms. Dolan, Mr.
Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder,
7. The Amendment passed.
Voting AYE on the Resolution, as amended: Mrs. Belinski,
Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo,
and Mr. Schweder, 7. The Resolution passed.
12. New Business.
Scheduling of Finance Committee Meeting
Mr. Leeson, Chairman of the Finance Committee, reported that
the Finance Committee will meet on Wednesday, May 31, at 4:14
PM in the Mayor's Conference Room. The subjects to be discussed
include reviews of proposed transfers of funds and proposed
budgetary adjustments.
Certificates of Appropriateness
Ms. Szabo commented that after discussions on Certificates
of Appropriateness this year she thinks it is obvious that
new people moving into both the historic districts have to
be educated and re-educated by the realtors. The buyers have
to get the information about what they are buying into by
moving into that neighborhood. She said it is obvious that
some of the people who have lived there for a number of years
have forgotten what some of the rules are and, she said, maybe
some of rules are too stringent for today and for materials
that are available.
President Schweder agreed with Ms. Szabo. He said he knows
it is a requirement that the realtor must state that a property
is within either of those districts. President Schweder asked
Mr. Hanna if there was anything that could be done through
a permitting process when purchasing a property. Mr. Hanna
replied that there is a permitting process on purchases for
inspections. He said they have talked about identifying properties
that are in either of the historic districts that when they
are sold, the City would counsel the property owner that their
property is in a historic district and they would be advised
of what some of the requirements are. Mr. Hanna said he thinks
that would be the simplest way that the issue could be addressed,
to educate the new purchaser of property to tell them that
they are purchasing a property within the district. He said
he thinks that there should be some additional education for
existing property owners as well as new ones.
President Schweder thanked Mr. Hanna, and added that Attorney
Spadoni advised that in the seller's disclosure when a property
is sold it is the requirement of the seller to notify the
purchaser that the property is, in fact, within the boundaries
of the historic district and is held accountable for those
requirements.
13. Courtesy of the Floor.
Sharing Casino Host Fees
Robert Pfenning, 2830 Linden Street, referred to the issue
of the Mayor agreeing to a revenue sharing and a proposed
state law change and the fact that nothing came to City Council.
He said President Schweder pointed out to him that was because
it is a State issue and City Council was not involved. Mr.
Pfenning then referred to the Northampton County resolution,
as they are in the same spot as City Council and have no legal
standing, which reads "…whereas development of
a revenue sharing plan without input from the Northampton
County Council does not constitute good or sound government
in that it excludes the chief legislative body in Northampton
County from offering potential valuable public input".
Mr. Pfenning said he would echo that same thing for Bethlehem
Council. He said as a citizen he would like to hear Council's
thoughts. He said he doesn't know how much Council was involved,
but he thinks Council should have been and should have said
something. Mr. Pfenning said the second thing pointed out
in Northampton County's resolution was that they were concerned
about giving up revenue not knowing how much it is going to
cost. Mr. Pfenning said he thinks City Council is a watchdog,
the group that looks at the budget, etc., and that the City
could potentially lose one mill a year of potential revenue.
He said he would hope Council has some feelings on that.
Crime
Edwin Rodriquez, 1845 Linden Street, asked if the Members
of Council received an invitation to a meeting at Nativity
Church on Thursday, May 18. President Schweder responded yes.
Mr. Rodriquez said he wanted to update City Council Members
and residents of what has been occurring in neighborhoods.
He referred to the death of a 10 month old baby at 809 Wyandotte
Street where drugs were found, bagged and ready to be distributed
into our own neighborhoods or other areas, in April the City
experienced the third homicide this year when a man was fatally
shot in Bethlehem a block from Donegan Elementary School,
and a slain drug dealer at 409 Wyandotte Street who was the
City's fourth homicide this year. Mr. Rodriquez referred to
other incidents that occurred in our neighboring cities and
counties. He said that the situation is getting out of hand
and that a closer look needs to be taken. Mr. Rodriquez thought
Council should consider hiring more police officers.
Public Safety
Bill Scheirer, 1890 Eaton Avenue, agreed that there is too
much violence in the City. He said violence begets violence,
violence on the street leads to violence inside apartments
and houses. The next level of violence he said that may occur
here is drug wars like in Allentown, the next level beyond
that is that innocent bystanders will be hit by gang shootings,
the next level will be witnesses will be murdered so that
they cannot testify, and the final level beyond that is when
people get murdered for pleasure, the ultimate form of vandalism.
He said he has witnessed these stages in another larger city,
but Bethlehem is not immune. Mr. Scheirer mentioned that at
the last budget hearing one additional police officer was
in the budget. He said one additional officer isn't going
to make a lot of difference but it is a symbol of intent.
Mr. Scheirer said he proposes that as soon as possible, perhaps
with a supplemental budget, that four officers be added to
the police force, and that be done for five years. He said
he understands it will be possible to recruit qualified people
and train them properly and add them to the police force.
He said four officers will cost about $240,000 including training
and equipment, about a fifth of a mill or a little less. He
said that over the course of the next four years the City
could have 20 officers at a cost of less than 1 mill. Mr.
Scheirer said he feels it is absolutely essential because
one of the prime functions of the government is public safety
and said he thinks the City of Bethlehem is losing it.
Various
Dean Bruch, 555 Spring Street, reported that the Cancer Boutique
at the Rink is making money for VA and Hospice VNA thanks
to the generosity of the City. He mentioned the job of police,
security and safety back during the World War II. Mr. Bruch
asked about the 11:00 no noise policy during Musikfest. He
wanted to know about the penalties involved with open door
and noise from bars. He wondered if the homeowner has to make
the complaint or can the police drive by.
Police
Mary Pongracz, 321 West Fourth Street, said she thinks our
policemen take a bad rap. She said the way to security in
town is not that the policemen are all over, which is an impossibility,
but the fact that the citizens of the town have to do their
part also. The drug dealers would not survive if they had
to deal with her because she said she doesn't take drugs.
She said we have to think a bit more about the buyers. She
said this is the obligation of every citizen in the City to
take care of the City. Ms. Pongracz said our policemen have
done a phenomenal job. She said she thinks the citizens should
take care of their own neighborhoods and be grateful for the
policemen we have and the citizens have to do their job so
the police can do theirs. Ms. Pongracz thanked the police
for what they do.
Jim Follweiler, 2222 Main Street, stated that he thinks the
police do a fantastic job in Bethlehem, however as was stated
earlier, at times it appears our administration loses focus
on the communities in Bethlehem. He said the theory of broken
windows seems to be applying in Bethlehem and with our focus
seeming to be on development and redevelopment, at all costs,
our communities are falling to the wayside. Mr. Follweiler
said a solution for funding for additional police to help,
could be to ask Mr. Pektor, who has almost turned into "a
Mayor by proxy" in Bethlehem to maybe provide some of
the $550,000 grant from the state to hire additional policemen.
He asked why the state and therefore each of us as taxpayers
have to provide a reasonably wealthy developer money for a
private project to build a three-story bistro restaurant on
private property that should have had fire insurance to rebuild
the building anyway. He said it makes him wonder when money
is granted at all levels, federal, state and local, when people
in the community are saying maybe a little more police on
the street would help. He said it is certainly not that the
police aren't doing their job, he said he thinks they are.
Under the theory of broken windows it gets to the point where
people and individual communities become afraid and are more
fearful of some of their criminal element neighbor's actions
during the middle of the night than what even a quality police
department can help. Mr. Follweiler said he thinks people
should stand up, but there is almost the feeling in different
parts of our city now that the fear of opening one's mouth
is overriding the protection they would get by picking up
the phone. He said he thought maybe a little more focus on
more police and public education would be a good thing.
Noise Ordinance
Louise Valeriano, 3114 East Boulevard, wanted to bring to
attention that the City does have a noise ordinance on the
books. She said the police are called and it is stated where
the noise is coming from. She said when the police arrive,
they do not have to hear it. Typically, when people are blasting
a radio or car radio, as soon as they see the police, they
turn it down. The police don't have to hear it, the mere fact
that it was called in and a complaint was made is enough.
Ms. Valeriano said you have to give your name, and the reason
why many people don't call in is that they are afraid of revenge.
She said to get around that you need to get a checkmate number
where you don't have to give your name, just a number, and
no one can release the name behind that number except one
person in the Police Department has the record. She said if
it would come up to trial it would be revealed who called
in. Ms. Valeriano explained another thing in that ordinance
is car alarms, which she said she does not think is such a
big problem any more as it was a few years ago. She said a
car is allowed to have false alarm once in 24 hours, the second
time the person can be cited for it. She explained the range
of the fines go up to the third offense which is $300 plus
$37.50 for court costs. She said you can complain and you
can have this taken care of. She said the distance that the
noise cannot be heard is 40 feet, which is about the distance
from one side the street to the other.
Water Quality
Dave Sanders, 69 East Goepp Street, thanked David Brong,
Director of Water and Sewer Resources, concerning the article
in the newspaper that said the City of Bethlehem's water is
rated first place. He said he thinks that is great for the
citizens of Bethlehem and a job well done in the department.
Officer Edmund Miller
President Schweder stated that within the last week our
City lost a very dedicated public servant in the death of
Officer Edmund Miller who served 37 years in the Police Department.
He said he served with distinguished service over 37 years
which in terms of longevity will probably never be equaled
again. President Schweder on behalf of all the Members of
City Council offered condolences to his family.
14. ADJOURNMENT
The meeting was adjourned at 8:20 p.m.
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