Council Minutes
May 1, 2007 Meeting Minutes
BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, May 1, 2007 – 7:30 PM
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
President Schweder called the meeting to order. Reverend
Gilberto Garcia-Rodriguez of First United Church of Christ
offered the invocation which was followed by the pledge to
the flag. Present were Jean Belinski, Karen Dolan, Robert
J. Donchez, Gordon B. Mowrer, Magdalena F. Szabo, and J. Michael
Schweder 6. Joseph F. Leeson, Jr. was absent, 1.
4. APPROVAL OF MINUTES
The minutes of April 10, 2007 and April 17, 2007 were approved.
5. COURTESY OF THE FLOOR (for public comment on ordinances
and resolutions to be voted on by Council this evening)
Street Vacation – Deschler Street
President Schweder stated that, under Agenda item 7, he will
ask that a letter received today be read into the record requesting
that Bill No. 7 for the Deschler Street Vacation be removed
from the Agenda.
Billboards
William Scheirer, 1890 Eaton Avenue, urged Council to vote
down Resolution 11 A that authorizes a lease agreement with
Adams Outdoor Advertising for billboards, to table it, or
refer it to committee. He noted the Resolution would lease
property on the north side of Schoenersville Road and on the
west side of Monocacy Creek for five outdoor advertising display
boards from January 1 through December 31, 2009 at a rental
rate $5,000 per year. Mr. Scheirer expressed it is surprising
there are still billboards in the City of Bethlehem, forty
years after the successful efforts of Ladybird Johnson to
ban billboards from interstate highways. Mr. Scheirer expressed
the opinion that not only are billboards unsightly, but they
distract drivers if they are effective, and there are many
other ways in which advertisers can communicate with the public.
In addition, Mr. Scheirer urged City Council to ban any additional
billboards in the City, stating that it would be a prohibition
like any other in the zoning regulations. Mr. Scheirer said
if there are any other billboards on City property, the leases
could simply not be renewed when they expired, and the City
could take easements on current properties with billboards
by eminent domain, compensating the owners at the rate of
$1,000 per year for each billboard. If there were complaints
about the cost, Mr. Scheirer thought the City could add an
optional box to the real estate tax form for taxpayers to
donate $5 to eliminate billboards, and added he has already
heard from a number of people who would be willing to do so.
Mr. Scheirer thought that not having billboards in the City
would make Bethlehem stand out even more.
Amending Article 1714 – Creating Mount Airy Historic
District
Mark Smith, Chief Financial Officer of the Allentown Diocese,
noted one of the largest parts of the Mount Airy Historic
District is a property owned by the Diocese of Allentown that
is Holy Family Manor, Holy Family Villa, Trexler Manor, and
Holy Family Villa Apartments. While observing that the desire
for a historic district is recognized, Mr. Smith said it is
requested that Holy Family Manor properties be specifically
excluded from the provisions of the proposed Mount Airy Historic
District Ordinance. Noting the National Register Historic
District has existed since 1987, Mr. Smith read from the original
National Register of Historic Places that three private residences
have been altered for other uses but remain contributing.
In each case, changes made to the houses reflect sensitivity
to the integrity of the original designs. The former Eugene
Grace Mansion became Holy Family Manor, a nursing home operated
by the Diocese of Allentown. A large addition was made, and
all the new work is in character with the original. The C.
A. Buck house is now a residence for priests. A large addition
in white stone was made to the rear of the building in a style
similar to the house. In 1990, the Diocese built the McShea
Pavilion, the architectural integrity of the property was
maintained, and the brick was matched to the original brick
of Grace Mansion. Stating it is felt the proposed Ordinance
will be a burden on the Diocese, and particularly on Holy
Family Manor because of its mission of assisting the needy,
the elderly, and the impoverished, Mr. Smith read from Holy
Family Manor’s mission statement. Mr. Smith, highlighting
the fact that Holy Family Manor is a non-profit, pointed out
it does not make money, and operates at break-even. Mr. Smith
continued on to say it is felt the proposed Ordinance will
be time-consuming to comply with since the organization will
have to file with the Historic Commission to seek approval
for any exterior changes. Advising there are 320 residents,
Mr. Smith further informed the Members that 362 people are
employed at the complex of which 199 are Bethlehem residents.
Commenting that 30 people received notice of the proposed
Ordinance change, Mr. Smith said it is felt that as a care
provider, Holy Family Manor is the largest land mass and probably
has the largest number of residents in the Historic District.
Adding it is felt the District is fragmented. Mr. Smith noted
only three properties in the District are surrounded on all
four sides by other properties in the District. Reiterating
it is felt that complying with the Ordinance will be time-consuming
and require another level of bureaucracy, Mr. Smith highlighted
the fact that the organization is already subject to Federal
and State regulations because of Medicare, Medicaid, and licensure
as an assisted living facility and nursing home. Mr. Smith
advised that Holy Family Manor would request to be specifically
excluded from the Ordinance.
Attorney Thomas Maloney, 901 West Lehigh Street, advised
he is at the Meeting on behalf of two clients. Attorney Maloney,
stating he represents Tom and Laura Kerr of 1521 Prospect
Avenue, denoted the property is very well-maintained and explained
it consists of two acres on which is located a single family
residence and carriage house, it always has been a single
family residential use, and there are no tenants in the property.
Adding it is located on the western edge of the Historic District,
Attorney Maloney pointed out there is no room for any additional
buildings or units that would be constructed on the premises.
Attorney Maloney said he is here to petition Council to please
delete this property from the proposed Historic District Ordinance.
Communicating that his clients cannot support the Ordinance
as presented, Attorney Maloney noted the historic designation
was made over 15 years ago, and the proposed Historic District
Ordinance is before City Council at the behest of many residents
in the area. Attorney Maloney explained it is being asked
to reward the Kerrs in a sense for maintaining their property
and beautifying it in a very fine historic manner. Pointing
out there are other Ordinances that dictate how buildings
are to be maintained, including building codes, Attorney Maloney
pointed out there are City inspectors and the City spends
much money each year enforcing the various codes. Attorney
Maloney said it is thought the proposal is just overlay on
top of overlay. Attorney Maloney communicated the Ordinance
is constitutionally vague, standards are mentioned and yet
there are standards that will be developed after passage.
Most importantly, Attorney Maloney stressed it is believed
that, if the Ordinance is adopted, there has been an inappropriate
delegation of City Council’s responsibilities to make
the law since, according to the letter dated April 11, 2007
from Darlene Heller, Director of Planning and Zoning, the
State Historical Commission and the National Register determine
what properties should be in the Historic District. Speaking
on behalf of his second client, Attorney Maloney stated it
is wrong to include in the Ordinance the property to the east
at 1509 Calypso Avenue fronting on Calypso Avenue. Attorney
Maloney stated it has no basis in law and no basis in fact.
Attorney Maloney, observing these designations are clearly
the basis of including the historical designations that took
place in late 1980’s, said this lot was part of another
property that fronted on Prospect Avenue. It was included
because that property was historic in nature. However, in
1991 the City approved a subdivision of that property and
therefore the Hayfield property which is a vacant lot has
been erroneously included. Attorney Maloney asked, on that
basis alone since there are no buildings to control, that
the property be excluded. Attorney Maloney stated the five
minute restriction placed on two separate clients is inappropriate.
Attorney Maloney asked that the record of the proceeding
this evening include his letter dated April 23, 2007 addressed
to Magdalena Szabo, Chairwoman of the Community Development
Committee, concerning the Mount Airy Historic District in
order to make it part of the legislative history.
Jim Polaski, Administrator at Holy Family Manor, said he
also represents Trexler Pavilion, Grace Mansion, and Holy
Family Partners. Mr. Polaski affirmed the properties are nearly
50% of the proposed area of the Historic District by land
mass. Adding there are over 300 residents and over 300 employees,
Mr. Polaski asserted the proposed Ordinance does nothing to
protect or improve their lives. Mr. Polaski said since 1963
the property has been beautifully maintained and improved,
and stressed that the Ordinance is not necessary. Affirming
the organization is a non-profit, Mr. Polaski highlighted
the fact that in 2006 it provided $2.7 million of charitable
care for the citizens of Bethlehem. Mr. Polaski pointed out
that every additional cost in time and money that the proposal
causes directly affects the organization’s ability to
care for its residents. Reiterating that Holy Family Manor
would like to be excluded from the Historic District, Mr.
Polaski stated the organization’s residents are the
people who built the City, and the Ordinance does nothing
to protect them or to improve their lives.
Billboards
Stephen Antalics, 737 Ridge Street, commended William Scheirer
for his efforts concerning billboards and expressed his support.
Mr. Antalics suggested that Resolution 11 A be tabled. Referring
to various streets in Philadelphia and Wayne, Mr. Antalics
highlighted how they are thriving in the midst of large shopping
centers, and contrasted them with an area of Camden, New Jersey
where there is a derelict area of businesses. Mr. Antalics
said the difference is the presence or absence of billboards,
and the residential nature of the communities. Mr. Antalics
stressed how that can be destroyed by commercializing an area.
Mr. Antalics suggested that the Members of Council visit the
areas and then vote on Resolution 11 A.
Amending Article 1714 –Creating Mount Airy Historic
District
Mary Pongracz, 321 West Fourth Street, a member of the South
Bethlehem Historic Conservation Commission, advised that many
hours were spent debating about the Mount Airy Historic District.
Ms. Pongracz said in her opinion Mount Airy is a historic
area that circles the City of Bethlehem from the South Side
to the North Side and to the West Side historic areas. Ms.
Pongracz expressed she finds it difficult to understand how
representatives of Holy Family Manor can speak about not wanting
to be part of the Historic District. Highlighting the fact
that the representatives spoke about how new construction
conforms to the historic look of the exterior, Ms. Pongracz
pointed out that the organization has done what it was supposed
to do, she queried then why not make it legal, and wondered
what is the difficulty. Affirming she is very well aware of
what Holy Family Manor has done for the City, Ms. Pongracz
stressed that the request to be excluded from the historic
area with the protections that come from being part of it
is difficult to understand. Ms. Pongracz queried what is the
difference between continuing the present look of the area
and being part of the Historic Conservation District. Ms.
Pongracz asserted the arguments are not logical and do not
make sense. Asking that Council add the Mount Airy District
to the South Bethlehem Historic Conservation District, Ms.
Pongracz observed that all are working for the same purpose
that is to preserve what history the City has in the different
eras of the City’s history. Ms. Pongracz wondered, if
it continues to be said that Holy Family Manor does not want
to be part of the Historic District, why is the organization
staying in Bethlehem.
Beverly Phelan, 1857 Homestead Avenue, informing the Members
that she works for a home health non-profit agency in the
City, said she is certain any construction that was done at
Holy Family Manor has always been in keeping with trying to
maintain the integrity of the building and in a most cost
effective way. Ms. Phelan expressed her impression of a historical
area is that there is a higher level of monies involved in
maintaining historical homes, and there is an exactness that
needs to be maintained that sometimes is not able to be accomplished
in the most cost effective way. Stating she understands the
challenges of Holy Family Manor as a non-profit agency in
trying to operate under the Medicare guidelines, Ms. Phelan
communicated she would prefer to put an extra dollar into
the care and maintaining the dignity and quality of life of
the residents of the facility rather than into maintaining
the historic nature of the building.
Dean Rinehart, 821 Prospect Avenue, noted he is a resident
of the Mount Airy Historic District and would be affected
by the Ordinance. Mr. Rinehart stated the Ordinance should
be passed as written. Pointing out that the overwhelming majority
of residents in the area are in favor of passage of the Ordinance,
Mr. Rinehart denoted that the representatives of Holy Family
Manor who spoke this evening are not residents. Mr. Rinehart
said those in favor of the Ordinance fully understand the
benefits and burdens they will undertake because the Ordinance
is clear, the boundaries are set following the National Register,
and the representation within the South Bethlehem Historic
Conservation Commission is fair and balanced. Asserting that
the Mount Airy Historic District needs and deserves conservation,
Mr. Rinehart observed that West Bethlehem is enjoying a boom
aided by a locally favorable housing market, and the Martin
Tower project. Mr. Rinehart communicated that people are realizing
the benefits of moving back into urban areas and with them
comes money and a desire to rehabilitate classic homes. Communicating
that the Mount Airy Historic District is unique in the City,
Mr. Rinehart added it contains well-maintained single family
homes that in most cases are indistinguishable from the day
they were first occupied. He continued on to say with the
proper conservation Ordinance in place, it can be assured
the properties will be maintained appropriately for future
generations. Mr. Rinehart stressed it can be seen what happens
when historic conservation districts come too late or not
at all, and grand old homes are lost. Mr. Rinehart asserted
that nationally recognized historic districts should be protected.
Mr. Rinehart pointed out that a historic district can have
a markedly positive impact on structures within its boundaries
and the surrounding area, as demonstrated by increased property
values and revitalization. Mr. Rinehart remarked that the
absence of an approved historic district Ordinance may impact
the integrity and significance of historic structures and
could result in removal of a district by the Pennsylvania
Historical and Museum Commission and from the National Register.
Mr. Rinehart emphasized that, without proper conservation,
historic structures may be lost forever. Mr. Rinehart added
that review of work on a structure is conducted for free by
experienced and informed members of the City’s Historic
Commission. Mr. Rinehart noted his understanding that, under
the guidelines, if work on a structure will cost more than
can be reasonably afforded then the property owner may come
to the Historic Commission or City Council concerning the
hardship in order to resolve the issue. Mr. Rinehart said
to his knowledge no businesses or organizations in the City’s
historic conservation districts have closed because of inability
to meet guidelines. Mr. Rinehart stressed that passage of
the Ordinance is a must to preserve the homes and their rich
history in the Mount Airy Historic District.
Certificate of Appropriateness - Wildflower Café
- 316 South New Street
Loly Kinny, Programs Director of the Community Artists of
Bethlehem, addressed the Certificate of Appropriateness Resolution
11 E for the Wildflower Café at 316 South New Street
where the group is conducting a community mural. Ms. Kinny
noted that the South Bethlehem Historic Conservation Commission
brought to the group’s attention their concern about
the façade of the building structure. Ms. Kinny affirmed
that, at the South Bethlehem Historic Conservation Commission’s
special meeting, held April 12, 2007, at the Wildflower Café,
it was agreed to use backing board so that the mosaic tiles
would not be applied directly on the façade of the
brick building. Ms. Kinny asked Council to support the Certificate
of Appropriateness because so many people have a vested interest
in the project, and added that the community has been involved
with it for three weekends. Ms. Kinny read quotes from newspaper
articles about the project, including a quote from Mayor Callahan.
Amending Article 1714 – Creating Mount Airy Historic
District
Judith Swartley-Loush, 1324 Prospect Avenue, stated she is
at the Meeting to support the Mount Airy Historic District
Ordinance, as presently written, that includes Holy Family
Manor along with the other properties. Ms. Swartley pointed
out that, of the 29 properties to be included in the District,
3 belong to Holy Family Manor located at 1220 and 1230 Prospect
Avenue, and an unnumbered residence. Of the 26 remaining homes,
there are letters of support from 19 homeowners, or 73%. Highlighting
the fact that the reason for the Mount Airy area is Eugene
Grace, a past president of the former Bethlehem Steel Corporation,
Ms. Swartley queried what will be left of the Mount Airy Historic
District if Holy Family Manor, the site of the former mansion
of Eugene Grace, is not included in the Historic District.
Ms. Swartley stressed if that were to occur there is the risk
of losing the historic designation by the National Register.
Informing the assembly that 4 of the 10 former CEO’s
of Bethlehem Steel Corporation lived in Mount Airy, Ms. Swartley
remarked it would be a shame not to recognize that fact. Ms.
Swartley noted that over the last few weeks the neighborhood
group forwarded letters of support to the Members of Council.
Ms. Swartley explained the four recurring themes of the letters.
The first was questions about why Holy Family Manor opposes
the Ordinance because it is not a restrictive Ordinance. Ms.
Swartley noted the Ordinance would involve one more review
for Holy Family Manor but would take only a few hours, and
might involve a month until the Certificate of Appropriateness
is forwarded to and voted on by City Council. The second was
that other historic districts in Bethlehem include a mixture
of churches, residences, and businesses with positive outcomes.
Third, neighbors asked not to let a minority group of high
profile, well-endowed, politically connected residents sway
City Council from the mission. Turning to the fourth point,
Ms. Swartley noted that Holy Family Manor could suggest they
would have to move out of the area if the Ordinance is adopted,
leading City Council to think about lost revenues, lost jobs,
and what will happen to the buildings. Observing that additions
to Holy Family Manor are a moot point since the space of the
property is limited, Ms. Swartley asserted Holy Family Manor
needs to reconsider their corporate model that is outdated.
Ms. Swartley suggested that Bethlehem residents could be served
at the present Holy Family Manor, and then another facility
with more property could be built elsewhere. Ms. Swartley
commented that, if Holy Family Manor were to move, perhaps
Trexler Pavilion could be turned back into a private residence.
6. OLD BUSINESS
None.
7. COMMUNICATIONS
A. Council Member Gordon Mowrer – Renaming Ice House
The Clerk read a memorandum dated April 26, 2007 from Gordon
B. Mowrer, Member of Council, to which was attached a proposed
Resolution for the renaming of the Ice House building in honor
of Charles A. Brown, former Director of Parks and Public Property.
President Schweder stated that the Resolution will be placed
on the May 16 Agenda.
Mrs. Belinski, noting that Mr. Brown always preferred to
be called Charlie Brown, thought it would be more appropriate
if the Ice House were to be renamed the Charlie Brown Ice
House. Ms. Szabo expressed her agreement.
President Schweder suggested that the Department notify Council
what are their and Mr. Brown’s wishes regarding the
matter.
B. City Solicitor – Amendment No. 2 to Lease Agreement
- Mali's Café – Golf Course Clubhouse Restaurant
The Clerk read a memorandum dated April 27, 2007 to which
was attached a proposed Amendment No. 2 to Lease Agreement
between Mali's Café, LLC, and the City for use of the
Golf Course Clubhouse Restaurant for operation of restaurant
with liquor license for the renewal term of one year, beginning
on March 1, 2007 and ending on February 28, 2008, according
to the terms and conditions of the agreement.
President Schweder stated that the appropriate Resolution
can be placed on the May 16 Agenda, unless the Parks or Public
Works Committees wish to review the matter.
C. City Solicitor – Tower Lease Agreement – Omnipoint
Communications – Monocacy Park on Illick's Mill Road
The Clerk read a memorandum from John F. Spirk, Jr., City
Solicitor, to which was attached a proposed Tower Lease Agreement
between the City and Omnipoint Communications, Inc. to erect
and maintain improvements, personal property and facilities
necessary to operate a communications system to be located
in Monocacy Park on Illick's Mill Road, according to the terms
and conditions of the agreement.
President Schweder stated that the appropriate Resolution
can be placed on the May 1 Agenda, unless the Parks or Public
Works Committees wish to review the matter.
Ms. Dolan, advising she has already requested some additional
information, explained although she is not specifically requesting
a Committee meeting, she will be requesting an individual
meeting to have a better understanding of the tower location.
Mrs. Belinski asked about the location of the tower. Mayor
Callahan noted a representative of Omnipoint is present at
this evening’s Meeting.
President Schweder suggested that any Member who wishes
can meet with various individuals, or a Committee meeting
could be scheduled if it is so determined; otherwise, a Resolution
could be placed on the May 16 Agenda.
D. City Solicitor – Tower Lease Agreement – Verizon
Wireless – Sell Field at Rodgers and Lewis Streets
The Clerk read a memorandum from John F. Spirk, Jr., City
Solicitor, to which was attached a proposed Tower Lease Agreement
between the City and Allentown SMSA Limited Partnership, d/b/a
Verizon Wireless, to erect and maintain improvements, personal
property and facilities necessary to operate a communications
system to be located at Rodgers Street and Lewis Street, according
to the terms and conditions of the agreement.
President Schweder again suggested that any Member can meet
with various individuals, or a Committee meeting could be
scheduled; otherwise, a Resolution could be placed on the
May 16 Agenda.
President Schweder asked that additional Communication 7
E be read into the record.
E. Lehigh Valley Industrial Park – Withdrawal of Deschler
Street Vacation
The Clerk read a letter dated May 1, 2007 from Justin Ryan,
Business Development Manager of Lehigh Valley Industrial Park
(LVIP), requesting the withdrawal of the Deschler Street Vacation
Bill from this evening’s City Council Meeting Agenda.
LVIP will work with the Law Bureau to incorporate additional
language into the body of the Bill for review by City Council
at a later date.
8 . REPORTS
A. President of Council
None.
B. Mayor
1. Administrative Order – Seth A. Cornish – South
Bethlehem Conservation District Commission
Mayor Callahan reappointed Seth A. Cornish to the South
Bethlehem Conservation District Commission effective until
April 2010. Mr. Donchez and Ms. Dolan sponsored Resolution
15,051 to confirm the appointment.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mower,
Ms. Szabo, and Mr. Schweder, 6. The Resolution passed.
2. Administrative Order – Mary T. Pongracz –
South Bethlehem Conservation District Commission
Mayor Callahan reappointed Mary T. Pongracz to the South
Bethlehem Conservation District Commission effective until
April 2010. Mr. Donchez and Ms. Dolan sponsored Resolution
15,052 to confirm the appointment.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mower,
Ms. Szabo, and Mr. Schweder, 6. The Resolution passed.
C. Community Development Committee
Ms. Szabo, Chairwoman of the Community Development Committee,
presented an oral report of the Committee's meeting held on
April 23, 2007 on the following subject: Mt. Airy Historic
District.
9. ORDINANCES FOR FINAL PASSAGE
A. Bill No. 7 – 2007 – Repealing Existing Article
313 – Private Watchmen and Establishing New Article
313 – Private Security Services
President Schweder stated that, in accordance with correspondence
received from Council Solicitor Spadoni who was contacted
by Northampton County District Attorney John Morganelli, he
will accept a motion to Table Bill No. 7 – 2007 for
further review.
Motion - Tabling Bill No. 7 – 2007
Mr. Donchez and Ms. Dolan moved to Table Bill No. 7 –
2007 for further review. Voting AYE: Mrs. Belinski, Ms. Dolan,
Mr. Donchez, Mr. Mowrer, and Mr. Schweder, 5. The motion passed.
B. Bill No. 8 – Amending Article 121 – Restrictions
on Fund Transfers from Treasurer's Escrow Account to General
Fund
The Clerk read Bill No. 8 – 2007 – Amending
Article 121 – Restrictions on Fund Transfers from Treasurer's
Escrow Account to General Fund, on Final Reading.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer,
and Mr. Schweder, 5. Bill No. 8 – 2007, hereafter to
be known as Ordinance 4425, was declared adopted.
C. Bill No. 9 – 2007 – Amending Sewer Capital
Budget – Project and year End Adjustments
The Clerk read Bill No. 9 – Amending Sewer Capital
Budget – Project and Year End Adjustments, on Final
Reading.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer,
and Mr. Schweder, 5. Bill No. 9 – 2007, hereafter to
be known as Ordinance 4426, was declared adopted.
D. Bill No. 10 – 2007 – Amending Community Development
Budget – Year End Adjustments
The Clerk read Bill No. 10 – 2007 – Amending
Community Development Budget – Year End Adjustments,
on Final Reading.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer,
and Mr. Schweder, 5. Bill No. 10 – 2007, hereafter to
be known as Ordinance 4427, was declared adopted.
E. Bill No. 11 – 2007 – Amending Non-Utility
Capital Budget – Various Adjustments
The Clerk read Bill No. 11 – 2007 – Amending
Non-Utility Capital Budget – Various Adjustments, on
Final Reading.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer,
and Mr. Schweder, 5. Bill No. 11 – 2007, hereafter to
be known as Ordinance 4428, was declared adopted.
F. Bill No. 12 – 2007 – Amending General Fund
Budget – Various Adjustments
The Clerk read Bill No. 12 – 2007 – Amending
General Fund Budget – Various Adjustments, on Final
Reading.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer,
and Mr. Schweder, 5. Bill No. 12 – 2007, hereafter to
be known as Ordinance 4429, was declared adopted.
G. Bill No. 13 – 2007 – Amending Article 1120
– Emergency Medical Services – Increasing Ambulance
Fees
The Clerk read Bill No. 13 – 2007 – Amending
Article 1120 – Emergency Medical Services – Increasing
Ambulance Fees, on Final Reading.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer,
and Mr. Schweder, 5. Bill No. 13 – 2007, hereafter to
be known as Ordinance 4430, was declared adopted.
H. Bill No. 55 – 2006 – Establishing Environmental
Advisory Council (EAC)
The Clerk read Bill No. 55 – 2006 – Establishing
Environmental Advisory Council (EAC), as Amended at the December
19, 2006 City Council Meeting, on Final Reading.
Amendment No. 2 To Bill No. 55 – 2006
The Clerk read Amendment No. 2, sponsored by Ms. Dolan and
Mr. Donchez, as follows:
That Section 3., paragraph 4) which reads as follows:
4) Wherever possible, one member shall also be a member of
the local planning commission and one member shall also be
a member of the Bethlehem City Council.
Shall be amended to read as follows:
4) A member of the Bethlehem Planning Commission is to be
a liaison to the Environmental Advisory Council. The Planning
Commission member as liaison is to be in a non-voting capacity
with the Environmental Advisory Council, and the liaison to
the Environmental Advisory Council is to be selected by the
Chairperson of the Bethlehem Planning Commission.
That Section 6. which reads as follows:
Bethlehem City Council shall designate the chairperson of
the council.
Shall be amended to read as follows:
The Environmental Advisory Council shall designate the chairperson
of the council.
Voting AYE on Amendment No. 2: Mrs. Belinski, Ms. Dolan,
Mr. Donchez, Mr. Mowrer, and Mr. Schweder, 5. The Amendment
passed.
Ms. Dolan, observing the Ordinance has taken time, pointed
out it is good to get things right. Ms. Dolan expressed the
hope that the Members of Council will support the Environmental
Advisory Council proposal. Ms. Dolan thanked the members of
the Human Resources and Environment Committee who stuck with
the proposal, and worked to have a positive outcome. In addition,
Ms. Dolan thanked all the Members of Council for their input,
especially President Schweder, thanked Christopher Spadoni,
City Council Solicitor, for his input, and thanked the many
citizens for their support. Pointing out the proposal was
a team effort, Ms. Dolan expressed she is very appreciative.
Mr. Mowrer stated that Chairwoman Dolan worked diligently
to have the Ordinance passed, and there were some frustrating
moments along the way. Mr. Mowrer continued on to say Ms.
Dolan did a great job, and he thinks the Ordinance would be
good for the community.
Voting AYE on Bill No. 55 - 2006 as Amended: Mrs. Belinski,
Ms. Dolan, Mr. Donchez, Mr. Mowrer, and Mr. Schweder, 5. Bill
No. 55 - 2006, hereafter to be known as Ordinance 4431, was
declared adopted.
10. NEW ORDINANCES
A. Bill No. 14 – 2007 – Amending Article 1714
– Historic Conservation District – South Bethlehem
– Adding Mount Airy Historic District
The Clerk read Bill No. 14 – 2007, sponsored by Ms.
Dolan and Mr. Mowrer, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 1714 OF THE CODIFIED ORDINANCES
ENTITLED HISTORIC CONSERVATION
DISTRICT – SOUTH BETHLEHEM.
Ms. Dolan, noting that the South Side Historic Conservation
Commission has representation from the business community,
asked if that was written into the Ordinance. Darlene Heller,
Director of Planning and Zoning, confirming it is written
in the Ordinance, added there are two residents and two business
owners. Ms. Dolan inquired if any consideration was given
to have business representation on the Commission for the
Mount Airy Historic District. Ms. Heller pointed out that
since it is mainly a residential neighborhood the Ordinance
was drafted to include two additional residents from the Mount
Airy Historic District. Ms. Heller continued on to say that,
if there is some interest in including a business owner, the
language could be revised to state two property owners instead
of two residents that would provide for residents or business
owners.
Mrs. Belinski, noting that a citizen, William Scheirer,
had suggested that two representatives from Holy Family Manor
could be appointed to the Historic Commission, explained that
Tony Hanna, Director of Community and Economic Development,
had advised that if an issue pertaining to Holy Family Manor
comes before the Commission then the representatives of Holy
Family Manor would have to recuse themselves.
Ms. Heller affirmed it is true that if a Commission member
has an application before the Historic Commission then the
Commission member has to recuse himself or herself.
President Schweder confirmed that, although a representative
of Holy Family Manor could be on the Historic Commission,
they could not vote on any matters pertaining to Holy Family
Manor, as would be the case for any member who owns property
in the specific Historic District and who has an application
before the Board.
Ms. Dolan, observing a lot of people may fear or misunderstand
preservation, both historical and environmental, stressed
that conservation adds value to properties, to the City, and
for all residents. Ms. Dolan thought that all the current
residents of the Mount Airy Historic District will eventually
recognize the benefits of the designation. Ms. Dolan communicated
she does not think Holy Family Manor has anything to fear,
and commented the Historic Board would be flexible with Holy
Family Manor as they have been with other South Side non-profits
and businesses. Ms. Dolan pointed out that City Council has
the final say on Certificates of Appropriateness, and has
turned down recommendations of the Board that it felt unreasonable.
Highlighting the fact that there is no guarantee Holy Family
Manor will always own the property, Ms. Dolan advised that
recently a facility located in Hanover Township connected
with the Allentown Diocese sold half of its land on Bethlehem’s
border despite assurances that would never happen. Ms. Dolan
remarked what has occurred now is inappropriate development
adjacent to a beautiful property and neighborhoods. Ms. Dolan,
emphasizing that conservation protects the rich history of
Bethlehem, said that is why she supports the Ordinance.
Mrs. Belinski recalled that Holy Family Manor recently wanted
to expand its Trexler Pavilion property across the street,
and the neighborhood was successful in stopping the matter
when it came before the Zoning Hearing Board. Mrs. Belinski
commented she thinks the fear of the residents is that type
of expansion will continue. However, Mrs. Belinski wondered
how Holy Family Manor can stay competitive in the future with
the many assisted living facilities being built in the community
if it is restricted. Mrs. Belinski, communicating she can
see both sides of the issue, observed there is room for Holy
Family Manor to expand in the Mount Airy neighborhood. Mrs.
Belinski commented she will be voting against the Ordinance.
Ms. Szabo remarked that Holy Family Manor is being seen
as the enemy which is not true. Noting Holy Family Manor is
concerned about their very much needed business, Ms. Szabo
said at the same time they are not realistic about the fears
they have. Ms. Szabo pointed out that State and Federal guidelines
would override any local guidelines. Ms. Szabo communicated
there may be unknown underlying thinking on both sides of
the argument that is bothersome.
Mr. Donchez asked if there is anything contained in the
Ordinance that is suggested to be changed. Ms. Heller responded
the Ordinance forwarded to the Members of Council reflects
the way it needs to be written, it was discussed with the
Commission members and also with the State, and it is recommended
as it presently is written.
Mr. Donchez stated he intends to support the Ordinance.
Mr. Donchez observed when a Historic District is created many
times it benefits property values and conservation in the
area. Mr. Donchez did not think the Diocese has anything to
fear. He expressed that the Ordinance will be a good neighbor
policy for everyone, will improve property values, and will
improve the neighborhood and quality of life in a very attractive
part of the City.
Mr. Mowrer, pointing out that the Administration recommended
the proposed Ordinance, said he does not foresee major problems.
Mr. Mowrer, noting he met with both sides and appreciates
their thoughts, stated that overall he thinks it will be good
for the community and it would be wrong to exclude any property.
Mr. Mowrer said he will vote in favor of the Ordinance.
President Schweder, observing the Members have listened
to both sides in this debate, said his position is that nothing
new is being done. Rather, a jurisdiction is being added to
something that is already on the books. President Schweder
continued on to recount he spent two years working with the
Members of Council in drafting the South Bethlehem Historic
Conservation District Ordinance that is proposed to be amended
to include the Mount Airy Historic District. President Schweder
recalled what he has learned in traveling throughout the State
and talking to other communities that have historic conservation
districts is that the City of Bethlehem has enacted an Ordinance
that has worked, and the City learned from other communities
what should be in the Ordinance. President Schweder pointed
out that City Council has overturned several recommendations
of the South Side Historic Conservation Commission and the
Historic and Architectural Review Board. President Schweder
noted the biggest fear, and what drove the formation of the
South Side Historic Conservation District, was the demolition
of buildings at the corner of Fourth Street and Broadway.
President Schweder recalled at that time the Cunningham Administration
wanted to make it voluntary for people to be part of the district.
President Schweder highlighted the fact that the two most
significant exceptions that have taken place on the South
Side since the Ordinance was enacted are demolitions, both
of which were approved by the South Side Historic Conservation
Commission and City Council. One of the requests was from
the Diocese of Allentown and Our Lady of Pompeii Church to
tear down the former Shupp Funeral Home. President Schweder
cited another example when the Portuguese Democratic Club
presented a request for demolition of their building, and
the Club worked with the Historic Commission to create a structure
that is far better than what had been there. While expressing
his understanding of the concerns of those who are worried
about the proposal, President Schweder stated he does not
see that happening. President Schweder communicated if it
were a matter of uncharted waters perhaps that would be the
case but it is not. Affirming this is a system that has worked,
and the City of Bethlehem is the first City in the Commonwealth
of Pennsylvania ever to have a Historic District in 1961,
President Schweder expressed he thinks it will continue to
work. President Schweder denoted the boundaries of the Mount
Airy Historic District were established in the 1980’s,
the current proposal includes buildings that are no different
than what was laid out in the 1980’s, there was public
input at that time, and none of it has changed through this
process. In dissuading those who may be overly concerned about
the proposal, President Schweder highlighted the fact that
the final analysis and what is approved under the Ordinance
does not rest with the Historic Board but with City Council
in approving Certificates of Appropriateness. President Schweder
stated he will be supporting the Ordinance. President Schweder
highlighted the fact that, ultimately, the boundaries of the
Mount Airy Historic District are determined by the Pennsylvania
Historical and Museum Commission. President Schweder observed,
however, since the boundaries were put on the National Register
it is more than likely the boundaries will stay the same.
President Schweder, further pointing out that the proposed
Ordinance is not as stringent as the Historic District Ordinance
that applies to North Bethlehem, expressed that the proposed
Ordinance will work well for the Mount Airy neighborhood.
Mrs. Belinski queried what would happen in the event that
Holy Family Manor would reapply for the expansion of the Trexler
Pavilion if the Ordinance were to be enacted.
President Schweder responded that, regardless of the recommendation
that would be submitted to City Council by the Historic Conservation
Commission, the Members of Council would vote whether or not
to approve the recommendation.
Mrs. Belinski, while commenting she does not foresee the
worries of the residents that the neighborhood would be ruined
if Holy Family Manor expands, said if Council has the final
say then Holy Family Manor can resubmit its application for
the expansion of the Trexler Pavilion.
Mayor Callahan clarified the fact that in terms of the recommendation
of the Historic Conservation Board which is advisory, under
the Ordinance provisions the final say rests with City Council
in approving or disapproving the Board’s recommendation
for the Certificate of Appropriateness. However, the decision
on the actual expansion of the Trexler Pavilion rests with
the Zoning Hearing Board.
President Schweder affirmed that, with regard to an expansion,
the Zoning Hearing Board process would take place whether
the Mount Airy Historic Conservation District existed or did
not.
Mrs. Belinski expressed her support of historic districts,
particularly in view of the current unfortunate situation
with the plans to demolish Broughal Middle School on the South
Side that would not be occurring if it had been included in
the South Bethlehem Historic Conservation District.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Mowrer,
Ms. Szabo, and Mr. Schweder, 6. Bill No. 14 – 2007 was
declared passed on First Reading.
B. Bill No. 15 – 2007 – Street Vacation –
Portion of Deschler Street - Removal From Agenda
President Schweder stated that, as requested by Lehigh Valley
Industrial Park, Bill No. 15 – 2007 is removed from
the Agenda.
11. RESOLUTIONS
A. Authorizing Execution of Lease Agreement – Adams
Outdoor Advertising
Mr. Donchez and Mr. Mowrer sponsored Resolution 15,053 that
authorized the execution of a Lease Agreement between the
City and Adams Outdoor Advertising for the purpose of operating
and maintaining five (5) outdoor advertising display boards
at property on the north side of Schoenersville Road and on
the west side of Monocacy Creek, for the period January 1,
2007 to December 31, 2009, according to the terms and conditions
of the Agreement.
Ms. Dolan, while confirming that the billboards are already
existing and are not blocking the views of Monocacy Creek
or Burnside Plantation, expressed she would agree with Mr.
Scheirer’s opinion concerning unsightly billboards.
Ms. Dolan commented she would commit herself to researching
the matter of billboards in the event an Ordinance needs to
be changed.
Mr. Mowrer, noting he was a sponsor of the Resolution so
that it can be voted on tonight, stated he will vote against
it. Mr. Mowrer expressed his agreement with Mr. Scheirer that
the City should get rid of billboards.
Mrs. Belinski communicated that perhaps in the future the
City can consider eliminating billboards.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, and Mr.
Schweder, 4. Voting NAY: Mr. Mowrer and Ms. Szabo, 2. The
Resolution passed.
Considering Resolutions As A Group
Ms. Szabo and Mrs. Belinski moved that Resolutions 11 B
through 11 E be considered as a group. Voting AYE: Mrs. Belinski,
Ms. Dolan, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder,
6. The motion passed.
B. Certificate of Appropriateness – 503 East Fourth
Street
Mr. Donchez and Ms. Dolan sponsored Resolution 15,054 that
granted a Certificate of Appropriateness to install window
signage at 503 East Fourth Street.
C. Certificate of Appropriateness – 308 South New Street
Mr. Donchez and Ms. Dolan sponsored Resolution 15,055 that
granted a Certificate of Appropriateness to replace the front
door at 308 South New Street.
D. Certificate of Appropriateness – 409-435 Wyandotte
Street
Mr. Donchez and Ms. Dolan sponsored Resolution 15,056 that
granted a Certificate of Appropriateness to renovate and restore
the storefronts at 409-435 Wyandotte Street.
E. Certificate of Appropriateness – 316 South New Street
– Wildflower Cafe
Mr. Donchez and Ms. Dolan sponsored Resolution 15,057 that
granted a Certificate of Appropriateness to create a mosaic
and painted mural at the Wildflower Café at 316 South
New Street.
Ms. Dolan commended Mary Pongracz and the South Bethlehem
Historic Conservation Commission for their diligence and flexibility
in considering the Certificate of Appropriateness for the
Wildflower Café. Ms. Dolan pointed out how proud she
is of the young people who formed their own organization,
did a tremendous amount of work, involved the community, and
are creating something that is distinctly beautiful on the
South Side. Ms. Dolan commended the group and said she looks
forward to their next project.
Voting AYE on Resolutions 11 B through 11 E: Mrs. Belinski,
Ms. Dolan, Mr. Donchez, Mr. Mowrer, Ms. Szabo, and Mr. Schweder,
6. The Resolutions passed.
12. NEW BUSINESS
Rescheduling Second City Council Meeting in May
Mr. Donchez and Mr. Mowrer moved to reschedule City Council’s
second Meeting in May from Tuesday, May 15 which is Primary
Election Day to Wednesday, May 16, 2007 at 7:30 PM in Town
Hall. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr.
Mowrer, Ms. Szabo, and Mr. Schweder, 6. The motion passed.
South Bethlehem Historic Conservation Commission - Rules
Ms. Szabo suggested that the rules of the South Bethlehem
Historic Conservation Commission be reviewed in view of the
fact that the applicants for Resolution 11 E had time to follow
the procedure, but started the work in advance. Ms. Szabo
noted that the Members heard the comments of Mary Pongracz,
member of the Commission, regarding the matter. President
Schweder, acknowledging it has been a concern of the Members
of Council when this has happened, observed the Department
has tried to do the best it can in enforcing the procedures
that probably needs to be improved upon.
13. COURTESY OF THE FLOOR
Various Issues
Edwin Rodriquez, 1845 Linden Street, expressed his concern
that the negative element does not infiltrate the area of
the murals at the Wildflower Café. Mr. Rodriquez suggested
that something creative could be done in the area of the parks.
Mr. Rodriquez said he wants to make sure the greenway area
near the Café does not become a hang-out area. Mr.
Rodriquez, while saying he wants to see more Police involvement,
acknowledged they are doing a fantastic job. Mr. Rodriquez
emphasized that the Police Substation should remain at Center
Street. Mr. Rodriquez, asserting there should be more Block
Watches, stressed that people must be encouraged to contact
the Police, and the Police should make frequent contact on
foot, so that communications, trust and confidence between
Police Officers and the community is always present and is
built. Mr. Rodriquez encouraged Members of Council to go to
where the problems are occurring. Mr. Rodriquez remarked that
one does not want negative issues from the Meeting to go back
to the community but rather positive feedback to go into the
community. Mr. Rodriquez stressed that the drug and crime
environment in the City is very serious.
Wildflower Café - South Bethlehem Historic Conservation
Commission Meeting
Mary Pongracz, 321 West Fourth Street, recalled that at the
last City Council Meeting she asked whether the special meeting
of the South Bethlehem Historic Conservation Commission to
review the Wildflower Café project was advertised.
Ms. Pongracz stated she would like to have a copy of the legal
advertisement. Ms. Pongracz highlighted the fact that her
argument has never been with the project at the Wildflower
Café but rather that the process was not followed.
Ms. Pongracz noted that, according to a newspaper article,
the project has been underway for a year and restated her
point that the process was not followed.
Loly Kinny, Programs Director of the Community Artists of
Bethlehem, explained the group’s mistake in moving ahead
is their lack of experience, and they fully intend to follow
all City procedures. Ms. Kinny affirmed that the group will
not make the same mistake again when they have a project.
Homicides in Bethlehem
Carol Ann Krasley, Center Street, focusing on a murder that
occurred last Thursday evening at 1007 North New Street, highlighted
the fact that the mother died and her two children are left
parentless when the husband apparently killed their mother
and himself. Ms. Krasley stressed it is another homicide in
Bethlehem.
Riverport Condominiums – Courtyard Noise from Starters
Restaurant
Ana Urrutia, 11 West Second Street at Riverport Condominiums,
noted she has been at the City Council Meetings about six
times to ask City Council for help in resolving the nuisance
noise that comes from Starters Restaurant at Riverport. Ms.
Urrutia recalled that Dave Rank, owner of Starters Restaurant,
attended the March 6, 2007 City Council Meeting, and explained
that he spent thousands of dollars to alleviate the problem.
Ms. Urrutia confirmed she met with Mr. Rank to try to come
to a compromise, and she suggested that the courtyard, located
40 feet away from her bedroom window, be closed by 10:00 p.m.
until he could figure out what to do about the noise. However,
Mr. Rank said he would not do that. Ms. Urrutia advised that
a neighbor whose windows do not face the courtyard suggested
that umbrellas could be placed at the outside tables in the
courtyard but that does not help whatsoever. Ms. Urrutia recalled
that on Saturday, April 8 she called the Police to report
loud noise from the courtyard and was told to call the condominium
board instead. Ms. Urrutia clarified that she has approached
Mr. Rank, the condominium board, the Police, the Liquor Control
Board, and City Council about the issue but it is still not
resolved. Relating that neighbors accompanied her to previous
City Council Meetings, Ms. Urrutia explained some were renters
whose leases will end in June and will not be renewed. Ms.
Urrutia affirmed she and her husband bought their condominium,
and cannot just get up and leave. Prior to completion of construction,
Ms. Urrutia said the real estate agent told her the courtyard
would be for fine dining and closed at 9:00 p.m. However,
Ms. Urrutia stressed that it stays open until 2:00 a.m. Informing
the Members that the condominium board is comprised of an
Ashley Development employee, the daughter of the insurer,
and the husband of a realtor who does business with Ashley
Development, Ms. Urrutia asserted there is a lot of conflict
of interest and their best interest is to protect Ashley Development,
Starters Restaurant, and the reputation of the development,
and the board is not willing to help out her and her husband.
Ms. Urrutia asked City Council to please help in the issue
that will only get worse with the upcoming warmer weather.
She added that staff members are in the courtyard cleaning
until after 3:00 a.m. Ms. Urrutia said she will keep bringing
the issue until something is done.
Riverport Condominiums – Courtyard Noise from Starters
Restaurant; Homicides
William Scheirer, 1890 Eaton Avenue, expressed his opinion
that the noise issue problem recited by Ms. Urrutia will not
go away and will come up elsewhere. Mr. Scheirer commented
it is an issue where Bethlehem could lead the way in the State
with the concept of quasi-public space. Mr. Scheirer, saying
the City is on pace for six homicides this year, remarked
violence is all around the City and it is starting to come
into the City more. Mr. Scheirer stated he is glad to see
the FOP calling for 185 Police and the Commissioner calling
for 191. Mr. Scheirer thought there should be 200 Officers
over the next five years.
14. ADJOURNMENT
The meeting was adjourned at 9:10 p.m.
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