Council Minutes
September 5, 2006 Meeting Minutes
BETHLEHEM CITY COUNCIL MEETING
Town Hall – 10 East Church Street
Bethlehem, Pennsylvania
Tuesday, September 5, 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.
Father Carmen Bolock, of Our Lord's Ascension Polish National
Catholic 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 August 15, 2006 approved.
5. COURTESY OF THE FLOOR (for public comment on ordinances
and resolutions to be voted on by Council this evening)
Establishing Article 1314.B – CMU - Commercial Mixed
Uses Zoning District and Rezoning Parcels Along Eighth Avenue,
Eaton Avenue and Schoenersville Road to CMU District
Attorney Dennis Benner stated he is the owner of one of
a number of tracts of property in the vicinity of Eighth Avenue
proposed to be rezoned to CMU – Commercial Mixed Use.
Mr. Benner, affirming he was out of the country when the Public
Hearing was held at the August 15, 2006 City Council Meeting,
said there are two engineers at the Meeting this evening,
and he has brought along architectural renderings of what
the site can look like in terms of setbacks, and so on. Mr.
Benner, referring to comments made at the August 15 Public
Hearing about the width of setbacks and impact on the neighborhood,
noted the topic was discussed at length with the Planning
Commission and City staff. As a result, Mr. Benner advised
he took pictures of the current site and what it would look
like based on what the proposed Ordinance requires that is
a 20 foot setback. Mr. Benner explained it is a 20 foot setback
with heavy landscaping materials, berming, walls, and a number
of things that buffer the site from the neighborhood. Mr.
Benner showed photographs to the Members of Council. Pointing
out that the parking lot looking into the neighborhood is
within about 5 feet of the residential property line and expressing
that the former EDS site looks and feels as if it were in
the neighborhood, Mr. Benner showed a rendering of how it
would look when it is graded and with the buffering requirements.
Mr. Benner, showing a photograph going into his site from
the neighborhood, said with the same kind of landscaping it
feels more distant from the location than it is now. Mr. Benner
showed a picture of the former EDS building comprised of 75,000
square feet that is very dated, and informed the Members that
the water, sewer, and electricity have been disconnected as
a result of the widening of Eighth Avenue. Mr. Benner, showing
an artist’s rendering of how the building could look,
expressed it would be an upscale type of development into
which he intends to move his law offices. Mr. Benner, turning
to traffic issues, notified the Members he engaged a traffic
firm to conduct a full traffic study. Focusing on comments
about a proposed coffee shop for the development that would
have a drive-through, Mr. Benner explained the reality is
that some people do not want to get out of their cars to get
a cup of coffee. Mr. Benner informed the Members that, with
regard to any other restaurant facilities for the site, “there
are no drive-ins. There’s not going to [be] the McDonald’s.
You’re not going to get any of that kind of stuff. This
is intended to be substantially upscale.” Mr. Benner
added “to create bigger and wider setbacks [would] effectively
kill this project.”
William Scheirer, 1890 Eaton Avenue, said the Bethlehem
Citizens Association voted overwhelmingly that the rezoning
is premature. Mr. Scheirer, referring to his testimony at
the August 15, 2006 Public Hearing, repeated and emphasized
central points. Mr. Scheirer noted the Administration was
quoted in the newspapers as saying the project is needed to
serve the people who would be moving into the residential
development proposed for Martin Tower located across the street.
However, Mr. Scheirer stressed that a six story office building
is not needed to serve them. Mr. Scheirer continued on to
say that to a significant extent it is creating another destination
in the City, or augmenting those as a destination center.
Mr. Scheirer explained in the view of the group it is premature
to do this in advance of revising the City’s comprehensive
plan that can identify which areas of the City will be destinations.
Mr. Scheirer also felt it is premature to the extent that
it serves Martin Tower because one does not know really what
is going to happen there, and things can change from what
has been proposed. Repeating that the group finds the proposed
rezoning to be premature, Mr. Scheirer said the proposal should
be put aside.
Robert Pfenning, 2830 Linden Street, noted that Darlene
Heller, Director of Planning and Zoning, invoked the Comprehensive
Plan at the August 15 Public Hearing. Mr. Pfenning, referring
to figure 9, commercial and industrial strategy, noted the
area is shown in white and not included. Turning to figure
10, residential strategy, Mr. Pfenning pointed out the bulk
of this area is set up for single family detached houses.
Mr. Pfenning observed how useful a comprehensive plan is in
future zoning and planning decisions.
David Kuhns, 1144 Ralston Road, referring to evergreen trees
planned to be planted between the properties, highlighted
the fact that his property is approximately 4 feet above the
parking level. Consequently, if the trees were planted at
the level of the current parking lot, the 6 foot screen will
in reality only be two feet.
Dana Grubb, 2420 Henderson Place, noted that, when entering
the main drive at the Lowe’s store on Eighth Avenue
and looking to the right of the building, there may be a buffer
zone designated but there is nothing there that buffers the
homes located in the residential area above the Lowe’s.
He said there is very little evidence of new planting, and
the neighbors are probably going to be exposed to light, noise,
and possibly litter. Mr. Grubb pointed out, if that is the
example of the kinds of buffer zones that are being discussed
and new zoning is located immediately adjacent to residential
areas, then every residential area in the City is at risk.
Mr. Grubb stressed a much better job must be done of insuring
that if retail is placed immediately adjacent to residential
neighborhoods the buffer zones are not only required but there
is appropriate follow-through so that residents are not impacted
in any way by the introduction of these types of development.
Mr. Grubb, referring to his remarks at the August 15 Public
Hearing, thought there are more than sufficient retail areas
throughout the community and particularly within a one mile
radius of the location proposed to be rezoned to service the
residents. Mr. Grubb, reiterating there should be sufficient
buffer, said when a homeowner is on their back deck or looks
out the back window, there should be no evidence of this type
of intrusion immediately adjacent to their residentially zoned
neighborhoods.
Gene Haney, 1136 Ralston Road, informed the assembly he
formerly lived on Stanford Road directly behind Lowe’s,
and highlighted the fact that, as was stated by the previous
speaker, there is no buffer between there and the residential
neighborhood. Advising that he moved to Ralston Road located
just up the street, Mr. Haney pointed out the neighborhood
to which he has moved is the location of the new CMU rezoning
proposal. Mr. Haney stressed he is really afraid that this
is going to happen again. Mr. Haney, noting the buffer is
supposed to be 20 feet under the proposed rezoning, expressed
the hope that the distance will be reevaluated and changed
to 50 feet since he does not want to see the lack of a buffer
happen again.
6. OLD BUSINESS
Comprehensive Plan
Mr. Mowrer said he would like to see the funding for the
Comprehensive Plan brought again before City Council for the
next Meeting.
President Schweder, recalling that the Ordinance containing
the funding for the Comprehensive Plan was tabled, suggested
that if Council so desires it can be taken from the table
at the September 19 Meeting and voted on.
7. COMMUNICATIONS
A. City Solicitor – Proposed Ordinance Amending Article
1159 – Animals
The Clerk read a memorandum dated August 25, 2006 from John
F. Spirk, Jr., Esq., City Solicitor, to which was attached
a proposed Ordinance to amend Article 1159 – Animals.
President Schweder referred the matter to the Community Development
Committee.
B. City Solicitor – Amendment No. 2 to Lease Agreement
– Ice Skating Rink Food Concession Stand
The Clerk read a memorandum dated August 25, 2006 from John
F. Spirk, Jr., Esq., City Solicitor, to which was attached
a proposed Amendment No. 2 to Lease Agreement with Richard
J. H. Keck, Jr. for the Ice Skating Rink Food Concession Stand.
President Schweder stated that the appropriate Resolution
will be placed on the September 19 Agenda, unless the Parks
and Public Property Committee wishes to review the matter.
C. City Solicitor – Use Permit Agreement for Public
Property – Harvest Wine and Beer Festival
The Clerk read a memorandum dated August 25, 2006 from John
F. Spirk, Jr., Esq., City Solicitor, to which was attached
a proposed Use Permit Agreement with Celtic Fest, Inc. and
Downtown Bethlehem Association for a Harvest Wine and Beer
Festival on October 7, 2006.
President Schweder stated that the appropriate Resolution
will be placed on the September 19 Agenda, unless the Parks
and Public Property Committee wishes to review the matter.
D. Director of Human Resources – Amending Police Civil
Service Rules and Regulations
The Clerk read a memorandum dated August 16, 2006 from Jean
A. Zweifel, Director of Human Resources, to which were attached
additions and deletions to the Police Civil Service Rules
and Regulations that were approved by the Police Civil Service
Board at its meeting of August 15, 2006.
President Schweder referred the matter to the Public Safety
Committee.
E. Director of Parks and Public Property – Amending
Golf Fees
The Clerk read a memorandum dated August 29, 2006 from Charles
A. Brown, Director of Parks and Public Property, requesting
that the Golf Fees be amended to eliminate "Winter Rates"
and "Specials – Mondays with Cart" sections,
as contained in Resolution 14,752.
President Schweder stated that the appropriate Resolution
will be placed on the September 19 Agenda, unless the Finance
Committee, in consultation with the Parks and Public Property
Committee, wishes to review the matter.
F. Director of Purchasing – List for City Auction –
September 30
The Clerk read a memorandum dated August 31, 2006 from Mary
Jo Reed, Director of Purchasing, to which was attached a list
for the items to be sold at the City Auction on Saturday,
September 30, 2006.
President Schweder stated that the appropriate resolution
will be listed on the September 19 Agenda.
G. Director of Planning and Zoning - Addressing Licensed
Gaming Facility Use, Providing Additional Regulations within
the IR Zoning District, and Adding Various Definitions and
Provisions for Adult Oriented Establishments, Pawn Shops,
BYOB's and Check Cashing Operations
The Clerk read a memorandum dated September 1, 2006 from
Darlene Heller, Director of Planning and Zoning, advising
of recommendations approved by the Planning Commission at
its August 17 meeting. The Commission recommended approval
of a Zoning amendment prepared by the Planning Bureau to include
not only provisions for the licensed gaming facility proposed
for the BethWorks site at the former Bethlehem Steel Corporation
property on the South Side, but also additional provisions
in the IR zoning district and additional definitions and provisions
for adult oriented establishments, pawn shops, Bring Your
Own Bottle Clubs (BYOB’s) and check cashing operations.
The Planning Commission made minor revisions to the original
proposal submitted by Bethworks Now, LLC and Sands Bethworks
Gaming, LLC, including deletion of the sign provisions, an
additional provision that the Planning Commission shall have
the opportunity to review and comment on conceptual sign designs,
and provisions to allow pawn shops and check cashing facilities
as special exception uses rather than by right permitted uses.
The Planning Commission also recommended approval of the zoning
amendment submitted to the City for consideration by Bethworks
Now, LLC and Sands Bethworks Gaming LLC.
President Schweder noted that the Public Hearing has been
scheduled on September 19, 2006 at 7:30 PM in Town Hall.
H. Director of Public Works – Final Draft – Act
537 Plan
The Clerk read a memorandum dated September 1, 2006 from
Michael Alkhal, Director of Public Works, to which was attached
a resolution that authorized the submission of the City's
Final Draft Act 537 Plan to the Pennsylvania Department of
Environmental Protection for its review, comment, and eventual
approval.
President Schweder stated that authorizing Resolution 11
C is listed on the Agenda.
8 . REPORTS
A. President of Council
None.
B. Mayor
None.
C. Community Development Committee
Ms. Szabo, Chairwoman of the Community Development Committee,
presented an oral report of the Committee’s meeting
held on September 5, 2006, prior to this evening's City Council
Meeting, on the following subject: Establishing Local Redevelopment
Authority – Reuse Planning for Wilson-Kramer Army Reserve
Center – Airport Road.
9. ORDINANCES FOR FINAL PASSAGE
None.
10. NEW ORDINANCES
A. Bill No. 27 – 2006 – Establishing Article
1314.B – CMU - Commercial Mixed Uses Zoning District
and Rezoning Parcels Along Eighth Avenue, Eaton Avenue and
Schoenersville Road to CMU District
The Clerk read Bill No. 27 – 2006 – Establishing
Article 1314.B – CMU - Commercial Mixed Uses Zoning
District and Rezoning Parcels Along Eighth Avenue, Eaton Avenue
and Schoenersville Road to CMU District, sponsored by Mr.
Leeson and Ms. Dolan, and titled:
AN ORDINANCE ESTABLISHING A NEW ARTICLE 1314.B
OF THE ZONING ORDINANCE OF THE CITY OF
BETHLEHEM, PENNSYLVANIA, AS AMENDED, TO
ESTABLISH A NEW CMU COMMERCIAL MIXED USE
ZONING DISTRICT AND TO AMEND THE ZONING MAP
TO CHANGE THE DESIGNATION OF VARIOUS PARCELS
ALONG EIGHTH AVENUE, EATON AVENUE AND
SCHOENERSVILLE ROAD TO THE CMU ZONING DISTRICT
Mayor John Callahan, recounting he was unable to attend the
Public Hearing at the August 15, 2006 Council Meeting, stated
he would like to go on record as saying the Administration
is very supportive of the project. Mayor Callahan thought
the rezoning, as well as the impact on the 10 acre parcel,
will address a grayfield in view of the fact that there is
a rather unattractive 75,000 square foot building located
there that is rendered obsolete. He continued on to highlight
the fact that much of the utility services to the building
including heating and cooling was provided by the former Martin
Tower owned by Bethlehem Steel Corporation. Mayor Callahan,
noting that Mr. Benner has been very cooperative with the
Administration and has scaled back the uses on the site, pointed
out it represents an opportunity to improve an important corner
of the City and bring 75,000 square feet of mixed use to the
property. Focusing on economic impact to the City, Mayor Callahan
enumerated that the project will be assessed at more than
$14 million and will bring $870,000 of tax revenue to the
City. In terms of the office use, Mayor Callahan observed
it will be a Class A signature building of which everyone
can be proud.
Ms. Dolan asked if increasing the setbacks between Ralston
Road and the parking lot would kill the project, and queried
if they could be increased to some length beyond 20 feet.
Darlene Heller, Director of Planning and Zoning, affirming
that the matter has been reviewed extensively with the Planning
Commission and the staff, and zoning ordinances in other communities
have been reviewed, explained that most of the time has been
spent looking at possible impacts on the abutting residential
properties. Ms. Heller stated it is felt that a 20 foot wide
buffer area is substantial in comparison to buffers currently
required in the City and also in view of what is required
to be within the buffer. Ms. Heller highlighted the fact that
it is important to know what will be in the buffer. Ms. Heller
continued on to enumerate that berming is required but is
not required anywhere else in the Ordinance, the height of
the trees needs to be more significant when planted, and the
Planning Commission is given the option to add solid fencing
or masonry wall. Ms. Heller, restating that a significant
amount of buffering is required to be within the 20 feet,
affirmed it is felt that is adequate.
Ms. Dolan, questioning why the coffee shop would have a
microphone, highlighted the fact that two other drive up coffee
shops in the City function very well without microphones which
is a low impact use. Ms. Dolan stressed that as soon as a
microphone and more staff is added it becomes a heavier use.
Ms. Dolan commented that, on both of those issues, she may
be offering proposed amendments.
Ms. Heller pointed out that a lot of time was also spent
on reviewing the drive-through. Ms. Heller advised the setbacks
for that use were increased, the hours were limited, and provisions
were added for such issues as stacking. Ms. Heller affirmed
if it became a problem it would be an enforcement issue.
Ms. Dolan, referring to comments that the proposed project
creates a destination, said she does not get a sense that
it would be creating a destination. Ms. Dolan said it feels
like the area is getting cleaned up, and added it looks better
than before and is safer. In addition, Ms. Dolan noted she
has been to Lowe’s many times and has never had such
an easy drive on Eighth Avenue. Observing it is different
than what a lot of people predicted, Ms. Dolan invited anyone
who thinks otherwise to walk, bike, or drive in the area at
rush hour since it is an improvement to the corridor.
Ms. Dolan inquired whether the Lehigh Valley Planning Commission
has reviewed the traffic study.
Ms. Heller responded that as of late last week the Lehigh
Valley Planning Commission is still reviewing the traffic
study, and typically has 30 days to review any proposal sent
to them.
Mrs. Belinski, advising that she kept detailed records,
pointed out that 50% of the people in West Bethlehem did not
want the former Durkee site on Eighth Avenue to be rezoned
for a development that included a Lowe’s and 50% were
in favor of it. She noted that the December 12, 2001 City
Council Meeting on a rezoning proposal for the site lasted
until midnight. Mrs. Belinski recalled there was a very in-depth
explanation of the pros and cons from the No Mall group that
made an excellent presentation. Mrs. Belinski further noted
she was approached at lunch last week by a resident of Tenth
Avenue who exclaimed that the neighborhood is being ruined,
and she said not to blame her because she did not vote for
it. Mrs. Belinski advised she is not going to be voting in
favor of Bill 27 tonight, and added there will be more traffic
and the resident is right that it will no longer be the nice
residential area it is now. Mrs. Belinski, adding she is wondering
about Nitschmann School located on Eighth Avenue, pointed
out that installation of the air conditioning promised three
years ago has been delayed. Mrs. Belinski, expressing her
thoughts the school officials are waiting until parents voice
their concerns about the traffic, congestion, and safety of
their children, remarked that the school officials will then
say the problem can be solved by building a new Nitschmann
School on the athletic fields as she has predicted. She added
that even the Lehigh Valley Planning Commission had serious
reservations about the negative impact on Nitschmann School.
President Schweder, stating he will be voting against the
proposal, said he has had the opportunity to meet with Mr.
Benner and talk to him at length. President Schweder observed
that if it were a stand-alone proposal he would be in favor
of it. However, President Schweder said unfortunately it is
not, as it is part and parcel and mixed in with many other
proposals. President Schweder pointed out it is not only a
matter of what was done at the adjacent former Durkee site
where there is now a Lowe’s, but what will be done across
the street at the 21 story Martin Tower building owned by
the former Bethlehem Steel Corporation, and what will come
with the additional area that is included in the rezoning
proposal. President Schweder commented that, in the long debate
about the Lowe’s project, in the end concessions were
made by the developer that allowed the matter to proceed such
as making the project smaller, adding a residential component,
and that the agreed upon traffic upgrades would be sufficient
for the project. President Schweder thought it was safe to
say that no one ever envisioned what else was going to be
proposed for the street, what has been proposed, and what
will continue to be proposed. President Schweder, noting that
he and his family moved to Eaton Avenue located down the street
from Eighth Avenue over fifty years ago, said he watched the
roadway during the period of time when Martin Tower was built,
and Route 378 was built to accommodate traffic. Recalling
the road was then and continued to be an avenue, President
Schweder stressed that today it surely is not. President Schweder
pointed out it is even referred to as a corridor or artery
for traffic. In the latest report provided by Mr. Benner,
President Schweder highlighted the fact that Eaton Avenue
is referred to as a corridor to transport traffic from East
Allentown to the Schoenersville Road corridor, and remarked
that is what it has become. President Schweder said it is
inconceivable to him that at this point there are five lanes
at the intersection of Eaton Avenue and Eighth Avenue, and
more traffic is going to be put into this area. President
Schweder stressed that Eighth Avenue is the only North-South
corridor in West Bethlehem, and is the only street on which
one can travel from Lehigh Street to Schoenersville Road and
on to the northern end of the City. President Schweder, emphasizing
that project after project is now being placed on that Avenue
which he thinks is simply wrong, stated frankly that the worst
will be yet to come. President Schweder pointed out that Council
is being asked to rezone more than the property on which Mr.
Benner’s proposed project is located and that is the
triangle located caddy-corner from Mr. Benner’s property
bounded by Eaton Avenue and Schoenersville Road. Observing
that, undoubtedly, all the property will change, President
Schweder highlighted the fact that property is still primarily
residential down Eaton Avenue. President Schweder stressed,
once that is done, all know that what will come next in the
planning process is to take away the last few residential
homes on Eighth Avenue between Eaton Avenue and Schoenersville
Road. President Schweder asserted then Eighth Avenue and Schoenersville
Road will effectively have been made into Bethlehem’s
version of MacArthur Road in Whitehall going through one of
the finest residential areas in the Lehigh Valley. President
Schweder expressed that particularly alarming in what Mr.
Benner shared with him was this proposal was available for
Council to look at over a year ago, but he was told by the
Administration that he could not proceed until the project
across the street moves first. Pointing out that Council has
not heard from many neighbors in the area, President Schweder
stressed that, when one looks back at the debates over the
proposed Lowe’s project on Eighth Avenue, the lack of
neighborhood input is dramatic. President Schweder remarked
the neighbors are not here because they support the proposal
but rather because they have lost all faith in the process,
and they believe the voices of people who live in the neighborhoods
will not be heard by the Administration or the planning process,
and therefore there is no need to come before Council. President
Schweder stated he does not think Bethlehem needs a new building
on every corner in the City. President Schweder expressed
the hope there will be other elected officials who will stand
up for the neighbors.
Ms. Szabo, referring to the proposal for the residential
reuse of Martin Tower, said much to her dismay during a meeting
the lawyer indicated those are not necessarily the plans that
will be undertaken. Ms. Szabo queried what kind of commercial
development will go there and how large will it be. Ms. Szabo
asserted that the “plop method” is being developed
where one plops something here and plops something there.
Acknowledging that Mr. Benner has put a lot of effort into
his project, Ms. Szabo expressed she feels badly, and now
even more so having heard he was delayed to give way to someone
else’s proposal, and is sorry but she cannot vote in
his favor.
Voting AYE: Ms. Dolan, Mr. Donchez, Mr. Leeson, and Mr.
Mowrer, 4. Voting NAY: Mrs. Belinski, Ms. Szabo, and Mr. Schweder,
3. Bill No. 27 – 2006 was declared passed on First Reading.
11. RESOLUTIONS
A. Certificate of Appropriateness – 521 East Fourth
Street
Ms. Dolan and Mrs. Belinski sponsored Resolution 14,901
that granted a Certificate of Appropriateness to install two
double-sided projecting signs at 521 East Fourth Street.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
B. Certificate of Appropriateness – 617 East Fourth
Street
Ms. Dolan and Mrs. Belinski sponsored Resolution 14,902
that granted a Certificate of Appropriateness to renovate
the facades at 617 East Fourth Street.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
C. Authorizing Submission of Draft Act 537 Plan – Department
of Environmental
Protection
Mrs. Belinski and Mr. Donchez sponsored Resolution 14,903
that authorized the submittal of the Final Draft Act 537 Plan
to the Department of Environmental Protection for its approval,
stating the alternative of choice to be implemented is Alternative
No. 2 – Additional Aeration and Clarification, providing
the key implementation dates, and noting that a portion of
a sanitary sewer upgrade for Homestead Avenue will be included.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson,
Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution
passed.
12. NEW BUSINESS
Musikfest – Private Security
Mrs. Belinski, referring to a memorandum from Mr. Donchez
inquiring about private security hired by Musikfest to patrol
from 3:00 a.m. to 6:00 a.m., asked Randall Miller, Police
Commissioner, to elaborate on his written response concerning
individuals sleeping and going through vendors stands. Mrs.
Belinski inquired about background checks, and noted they
were carrying guns.
Randall Miller, Police Commissioner, saying that is correct,
advised Musikfest contracted with Lehigh Valley Law Enforcement,
the same firm that handles the security for the Allentown
Fairgrounds. Police Commissioner Miller affirmed that, by
Pennsylvania law, they are allowed to carry firearms and are
certified to do so. Police Commissioner Miller said he has
received information from some of the Police Officers reporting
what Mrs. Belinski referenced about the security personnel.
Police Commissioner Miller advised he spoke with chief Spang
about the matter and also about the bus stop incident. Police
Commissioner Miller, in further response to Mrs. Belinski,
affirmed the security personnel were abusive to people and
were mistaken for Bethlehem Police Officers.
Mrs. Belinski remarked she thought the matter of use of
private security during Musikfest had been resolved and she
was not aware that private security was brought in.
Police Commissioner Miller commented that the private security
personnel work from 3:00 a.m. to 7:00 a.m. Police Commissioner
Miller, in response to Mrs. Belinski’s question about
security checks, said he is not sure what their hiring requirements
are.
Mrs. Belinski, stressing she does not like the arrangement,
insisted it should be Bethlehem Police and no one else.
13. COURTESY OF THE FLOOR
Proposed Casino – Bethlehem Works
Beverly Benton Bruch, 555 Spring Street, queried “is
the Star of Bethlehem today the same one that led wise men.”
Mrs. Bruch stated that long ago the Star of Bethlehem led
to the site of the living God. She continued on to say that
when the first Moravian believers celebrated the first Christmas
in the community they named the town Bethlehem since the living
God was with them. Mrs. Bruch, posing the question whether
today wise men still seek the light of the living God, said
the answer is no because the living God was sold for 30 pieces
of silver. She remarked that “today our town has been
sold by our esteemed leaders…into bondage for 30 pieces
of paper from…the dead gods of wagering on our naiveté
for a solution to our indebtedness…, the dead gods of
greed, power, and corruption…”. Mrs. Bruch wondered
if the past and present Mayors had followed the Star as did
the wise men “would the living God say ‘cha ching’.”
Phentenol Laced Heroin
Eddie Rodriquez, 1845 Linden Street, noted that he had a
meeting with Tony Hanna, Director of Community and Economic
Development, and questioned Mr. Hanna about the meeting. Mr.
Hanna explained the discussion was generally about Mr. Rodriquez’s
desire to educate the public better about the risks involved
in phentenol laced heroin. In addition, Mr. Hanna noted that
Mr. Rodriquez had spoken with the Police Commissioner, Deputy
Police Commissioner, and with the Health Bureau. Mr. Hanna
expressed that if Mr. Rodriquez feels he wants to engage in
better education then City officials would be supportive of
that. Mr. Rodriquez asked what Mr. Hanna would do if he were
aware of the issue. Mr. Hanna, affirming that Mr. Rodriquez
provided him with some anecdotal data, said he did some further
checking with the Emergency Room at St. Luke’s Hospital
and learned that some of the drug overdose cases could be
related to phentenol although there has not been any direct
correlation at this point. Mr. Rodriquez asked what Mr. Hanna
would direct the Health Bureau to do. Mr. Hanna replied that
if Mr. Rodriquez has educational materials he will give them
to the Health Bureau. Mr. Rodriquez noted that testing needs
to be done by urine and blood. Enumerating the various individuals
he has spoken with, Mr. Rodriquez further stated he thinks
there is more to the issue than meets the eye and he is asking
for further follow-up. Stressing that people are dying, Mr.
Rodriquez asserted he does not ever want to hear distaining
remarks about these individuals, and added that everyone is
a human being no matter what their problems are.
Increasing Police Force
William Scheirer, 1890 Eaton Avenue, said since he last
spoke about the need to increase the Police force by 20 officers
over a 5 year period, it has come to his attention that the
Bethlehem Citizens Association has not specified that the
Officers should be on the street. Further, the group has not
specified what the allocation should be among the four shifts.
Mr. Scheirer advised this will be taken up soon by the Association.
Zoning Amendments – Licensed Gaming Facility Use
Robert Pfenning, 2830 Linden Street, said he is glad to
see the Mayor has changed his opinion about making gaming
part of the IR District. Mr. Pfenning said he was not sure
why the Administration combined the Sands original ordinance
in with theirs, and remarked it has created a parliamentary
mess. Mr. Pfenning, noting he supports the zoning amendments,
commented he is concerned that the parking requirements are
too lenient. Mr. Pfenning stated he raised the issue of bus
parking at the Planning Commission meeting, and related that
a representative of the Sands did say that some place on the
site would be found for buses. However, Mr. Pfenning observed
that putting buses on the west of the site would take them
through the Third and Hayes Streets intersection that already
at most times has a D rating in the traffic study. Mr. Pfenning
thought the City may want to look into opening its own lot
and making some money from it. Focusing on Ms. Dolan’s
remarks about the marina district in Atlantic City, Mr. Pfenning
highlighted the fact that the district is devoid of check
cashing, pawn shops, and adult businesses. Mr. Pfenning, turning
to discussions about the green aspects of the development,
informed the assembly that the sewer facility to the edge
of the marina district has put in solar panels generating
enough power for 4,000 homes, while meeting its own needs,
and already $140,000 has been saved in the first four months
of 2006.
State Check - Ashley Development
Holding up Senator Boscola’s legislative update, Mr.
Pfenning pointed out there is a picture of a cardboard check
in the amount of $550,000 made out to the City of Bethlehem
as opposed to Ashley Development and he questioned why.
Mr. Hanna replied he does not know why, but noted the application
was in the name of Ashley Development, and further informed
Mr. Pfenning that the City does not have the $550,000.
Zoning Amendments – Licensed Gaming Facility Use
Martin Romeril, 26 West Market Street, noted that the proposed
Ordinance addressing a licensed gaming facility in the IR
District states that adult-oriented businesses must be at
least 1,000 feet from a school but only 500 feet from a playground.
Mr. Romeril asserted that children are more likely to be playing
unsupervised at a playground than at a school where they are
under constant supervision. Mr. Romeril wondered why the distance
could not be 1,000 feet from playgrounds. Pointing out it
also states a distance of 500 feet from churches, Mr. Romeril
remarked he does not think churches are any more eager to
have such businesses close to them. Mr. Romeril wondered if
Members of Council could think about expanding the distance
to 1,000 feet for all restricted institutions listed.
Proposed Casino Development Project – Impact on Fire
Department
Mr. Romeril read a quote from a Morning Call article of
May 24 about the public hearing held in the Lehigh Valley
by the Pennsylvania Gaming Commission referring to comments
by Kevin Moyzan, former Fire Commissioner, who said the Las
Vegas Sands did not provide the Fire Department with the statistics
needed for planning and who felt the numbers were not provided
to back up their claim that there would be no effect on emergency
management in the City. Mr. Romeril asked has the Sands delivered
that specific information to the Fire Department.
George Barkanic, Fire Commissioner, responded no, the Fire
Department has not received any information from them. Fire
Commissioner Barkanic continued on to say, however, it would
not be any different than any other development project in
the City in that it goes through the Fire Marshall’s
office. Fire Commissioner Barkanic continued on to say it
will be fully sprinklered because of the size and it is not
going to pose much more of a problem than would an industrial
park.
Mr. Romeril, expressing his curiosity about the increased
number and breakdown of emergency calls as a result of the
large number of people who will be at the casino complex,
remarked disbelief that bringing 30,000 people a day to the
site will not put extra strain on the City’s services.
Mr. Barkanic thought the majority of calls will be EMS calls.
Mr. Barkanic added his recollection that the Sands made a
commitment to the EMS Bureau for increasing staffing and placing
them on that side of town.
Mr. Romeril communicated he wanted to know if it is wise to
change the zoning for people who maybe were not being completely
forthcoming or cooperative with the City.
Mrs. Belinski recalled she distinctly remembers reading
that former Fire Commissioner Moyzan had said he was confident
his Department could cover any emergency that would arise.
Mrs. Belinski said as far as she knows someone else who retired
around the same time had said they were included in any discussions
with the Sands.
Zoning Amendments – Licensed Gaming Facility Use
Stephen Antalics, 737 Ridge Street, commented a Member of
Council proposed a Resolution to prohibit gambling in the
BethWorks area in support of the Moravian Congregation that
stated gambling is intrinsically evil and has no place in
Bethlehem. The same Member of Council was recently quoted
in the newspaper that at this time he would vote to support
the zoning amendment that would provide for gambling in that
area. Mr. Antalics queried has moral principal given way to
political expediency, and questioned might there be a reelection
in the wings.
Tunkhannock Creek Reclassification - Exceptional Value
Mr. Antalics, referring to the recent meeting of the Bethlehem
Authority at which it considered the advantage of reclassifying
the Tunkhannock Creek as Exceptional Value, noted that a Member
of Council who gained a reputation as an environmentalist
and advocate of open space raised the question at the meeting
how would the redesignation affect development. Mr. Antalics
queried is it also wise political expedience for a politician
to pay heed to their largest campaign contributors.
Middle East
Mr. Antalics, referring to a placard denoting there are 710
reasons to be in the Middle East, held the card upside down
to show that the number 710 converts to the word oil.
Zoning Amendments – Licensed Gaming Facility Use
Bruce Haines, 65 West Market Street, commented he finds it
interesting that the Administration acknowledges that gaming
does bring problems including associated detrimental activities.
Mr. Haines stated the proposed zoning ordinance amendment
is an attempt to preclude the ancillary activities one would
associate with gaming from congregating around the casino.
Mr. Haines remarked that to permit gaming in the middle of
the community and near a nationally ranked institution of
higher learning is a net loss and not a net gain for Bethlehem.
Mr. Haines asserted that a detailed review of the proposed
zoning ordinance amendment will reveal the entire recommendation
is seriously flawed, and lacks the proper due diligence recommended
by the Planning Commission nearly one year ago for an independent,
third party study to assess the total impact of this change.
Mr. Haines insisted the end result is a document that spreads
all of the detrimental activities associated with gaming into
other neighborhoods throughout the City. Exemplifying that
pawn shops will not be permitted in the IR zone or within
5,000 feet of the casino property, Mr. Haines stressed it
puts them into neighborhoods all over the City where CG and
CS zones exist. He continued on to point out it permits them
in virtually every entry corridor in the City such as Five
Points, Stefko Boulevard, Liberty High School area, New Street
area north of Broad Street, Linden Street near Macada Road,
most of West Broad Street, Lehigh Shopping Center, and near
Hellertown. Observing that on the surface it seems reasonable
to permit adult entertainment only in the HI district at least
5,000 feet from the casino, Mr. Haines pointed out the property
adjoining the new Riverport residential and restaurant facility,
and Union Station where St. Luke’s Hospital facilities
are located appears to meet the criteria. Highlighting the
fact that check cashing facilities will be permitted inside
the casino hotel, Mr. Haines observed it could drive local
residents to the casino in order to cash their checks. Mr.
Haines further pointed out that, by designating the IR District
as the appropriate zone for gaming facilities, it opens the
door for a second casino to be located on the site of the
new Lowe’s on Eighth Avenue located in an IR zone. Mr.
Haines thought the obvious zone for a casino is the IR-Flexible
zone that has only one location near the I-78 interchange
and is surrounded by heavy industrial zoned property. He added
this would put the casino further from the historic community
and away from the residential district, churches, and schools.
Mr. Haines reminded City Council that at every meeting on
the subject of casino gambling the citizens of Bethlehem spoke
out anywhere from two to one to as much as four to one against
the casino. He noted that in the election last November Joseph
Leeson garnered the most votes as the only anti-casino candidate
on the ballot while the most outspoken casino supporter, Jean
Belinski, totaled the fewest number of votes. Mr. Haines insisted
the citizens have been clear that casinos are not welcome
here. Mr. Haines expressed the hope that City Council will
represent the voice of the people. He urged City officials
to demand proper due diligence in the process, including the
third party study recommended by the Planning Commission,
and to properly comprehend the impact to the community of
the voluminous additional traffic. He added that the traffic
study presented by the Sands failed to properly address the
already congested I-78 corridor. Mr. Haines said the proposed
zoning ordinance amendments are seriously flawed and incomplete.
Mr. Haines urged City Council to demand proper due diligence
before rushing into a vote on the most significant zoning
change in the history of the City.
Unsanitary Conditions - 200, 300, and 400 blocks of East
Fifth Street
Mary Pongracz, 321 West Fourth Street, informed the assembly
that on Sunday, August 27, 2006 at 8:35 a.m. she came across
the filthiest conditions she has ever seen in the 200, 300,
and 400 blocks of East Fifth Street. Stressing this is not
a blanket indictment of students and landlords, Ms. Pongracz
explained she called Mr. Donchez who called Randall Miller,
Police Commissioner, and the Police were astounded to see
the behavior of the students. Further advising that City Inspectors
were sent, Ms. Pongracz applauded the Administration for their
efforts.
Mayor Callahan advised that the Mayor’s Office also
received a call over the weekend, and it looked at least as
bad as Ms. Pongracz described. The Police Commissioner talked
to the Mayor about the events that transpired over the weekend,
and the Police tried to deal with a rather difficult situation.
Focusing on the trash and litter issues, the Mayor advised
that Health and Housing Inspectors went to the site. The Health
Bureau issued 20 notices last week, as of today 10 of those
issues were abated, and citations were issued for the others.
A number of issues were so egregious that the City corrected
them and will request reimbursement. Turning to housing issues,
Mayor Callahan continued on to advise that in the 200 to 600
blocks of East Fifth Street 38 notices were issued.
Proposed Casino Development Project – BethWorks Site
– South Side
Ms. Pongracz, stating she is in favor of a casino, said “we
need the City to stay afloat.” Remarking that people
would not say they will give the City 50% more in taxes, Ms.
Pongracz said things that have been quoted may happen but
she lives in a world of what will happen that is the City
will be on financial footing. Ms. Pongracz, questioning how
many people at the casino hearings did not live in the City,
asserted “the people in this City want a casino because
of the preservation of Bethlehem Steel [and] because of the
preservation of the largest brownfield that is going to die
if we don’t preserve it.”
Neighborhood Activities – Raspberry and Garrison Streets
Area
Carol Ann Krasley, Center Street, referring to several newspaper
articles, said on August 25, 2006 in the Express-Times it
was reported that the Police said the actions could have endangered
lives because in July an individual cut a bolt clipping a
gas pipe that could have started a catastrophic explosion.
Previously, in the unit block of Raspberry Street there was
a gas explosion. In addition, Ms. Krasley pointed out that
someone had donated money to the Community Action Committee
of the Lehigh Valley (CACLV) as a loan for the person to pay
off his utility company’s debt. Ms. Krasley remarked
that she thought the CACLV was to target services for low-income
families. Ms. Krasley continued on to relate that on August
29, 2006 in the Morning Call it was reported that a judge
ordered a sex offender, living in the 100 block of Garrison
Street, to pay for the victim’s therapy. Ms. Krasley
questioned “how are we going to keep our children safe.
How are we going to know when people are in our neighborhoods.”
She continued on to inform the assembly that on August 29,
2006 in the Express-Times it was reported that a man, who
was living with his girlfriend and her family in the 100 block
of East Raspberry Street, was accused of stealing money and
a computer from his girlfriend’s family and fleeing
in their vehicle. Ms. Krasley remarked this is a brief overview
of what is going on in her neighborhood.
Parking Requirements – Downtown Development Projects
Dean Bruch, 555 Spring Street, communicated that parking
does not have to be provided for Ashley Development’s
projects. Mr. Bruch stressed that garages are being built
that cannot go up much higher. Mr. Bruch asserted that the
City should not authorize something if it is not done right.
Mr. Bruch queried whether the building being constructed by
Ashley Development at Broad and New Street will have 20 parking
spaces.
Darlene Heller, Director of Planning and Zoning, responded
that parking is not required in the CB – Commercial
Business District, but advised that parking will be provided
within the first floor of the building. Ms. Heller further
informed Mr. Bruch that parking is not required in the CB
zone because there are public parking lots and parking garages.
Commercial Mixed Uses Zoning District and Rezoning Parcels
Along Eighth Avenue, Eaton Avenue and Schoenersville Road
to CMU District
Mr. Bruch, focusing on the project proposed for Eighth Avenue,
remarked that the person wants to develop something that was
never envisioned to be.
City Spending
Turning to the proposed casino, Mr. Bruch said he does not
think City officials know how to make money and save it, but
they spend, and borrow money from Authorities. Mr. Bruch stressed
this type of loaning practice has to stop.
BEDCO – Real Estate Taxes
Dana Grubb, 2420 Henderson Place, referring to recent newspaper
articles, noted some real estate taxes were not paid on property
that is owned by BEDCO. Mr. Grubb, saying he would like to
know if the taxes were paid and from what source, expressed
the hope that taxpayers money was not used.
Northampton County – Tax Assessments
Mr. Grubb, turning to an article in this morning’s
newspaper, remarked that Northampton County cannot keep up
with the rate of development and getting properties assessed
and on the tax rolls. Mr. Grubb, presuming this would also
affect taxes for the City of Bethlehem and the Bethlehem Area
School District, said it means existing taxpayers are footing
the bill more than they should be. Mr. Grubb said he would
be curious to know how much is outstanding in the City because
of the backlog. Mr. Grubb questioned the source of the real
estate computation for the 2006 assessed valuation number
listed in the 2006 Budget and whether the number includes
what is anticipated or is provided by the County. He further
asked how much is the City not getting taxes on what it should
be. Mr. Grubb inquired can the City legally back charge to
January 1, and further asked will the City do so. Mr. Grubb
pointed out it was discovered that for Lehigh Valley Industrial
Park VI there was $9.7 million in assessed property that was
not being taxed, so every other taxpayer is footing the bill.
Mr. Grubb expressed the hope that the City is encouraging
the County to address the matter because there is a lot of
revenue that the City needs and should be getting.
Mayor Callahan confirmed that the taxes have been paid by
BEDCO. Mayor Callahan commented it is unfortunate that the
County is behind in their tax assessment since it is a basic
county function and they need to do a better job in doing
so. Mayor Callahan, advising he will be having a conversation
with the Northampton County Executive about the issue, further
stated that the Business Administrator and Financial Services
Director are diligent in checking with the County to make
sure redevelopment projects are put on the tax roles as soon
as possible. Mayor Callahan remarked that, fortunately, the
majority of Council this evening agreed to take a property
that is presently assessed at $2 million and have it redeveloped
for a new assessment of $15 million that will result in $370,000
more in tax revenue for the City. Mayor Callahan advised the
number that is quoted as the City’s tax base is a County
number. The City calls the County at budget time and asks
the tax base or the total ratables and the City budgets accordingly.
14. ADJOURNMENT
The meeting was adjourned at 9:10 p.m.
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