Council MInutes

February 19, 2008

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, February 19, 2008 – 7:30 PM

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

President Donchez called the meeting to order. Reverend Monsignor William F. Baver of Saints Simon and Jude Church offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Karen Dolan, Joseph F. Leeson, Jr., Gordon B. Mowrer, J. William Reynolds, J. Michael Schweder, and Robert J. Donchez, 7.

Citation – Honoring Lloyd V. Cressman, III

President Donchez presented a Citation to Lloyd V. Cressman, III who retired from the Police Department after 23 years of service. The Members of Council congratulated Mr. Cressman and wished him well in his retirement.

Citation – Honoring Frederick P. Mill

President Donchez presented a Citation to Frederick P. Mill who retired from the Police Department after 29 years of service. The Members of Council congratulated Mr. Mill and wished him well in his retirement.

Citations – Honoring Helen Brady, Anthony Covino, George Hitcho, William Solivan, and
Saul Vasquez

President Donchez noted that the Citations honoring Helen Brady, Anthony Covino, George Hitcho, William Solivan, and Saul Vasquez on their retirements as City employees will be forwarded to them since they were unable to be present this evening.

4. APPROVAL OF MINUTES

The Minutes of February 5, 2008 were approved.

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

Certificate of Appropriateness – Streetscape Master Plan

Charles Lyman, 444 North New Street, informed the Members that the Bethlehem Historic District Association funded about $30,000 for the Streetscape Master Plan for the North Side Historic District, and approximately $6,000 was funded through a grant. Mr. Lyman, stressing it is just a plan, explained it is the hope that the Streetscape Master Plan will be part of the other master plans that have been developed for Bethlehem over many years. Mr. Lyman exemplified that the plan will address how sidewalks should be done, and how streets should be repaved. Mr. Lyman advised that the plan encompasses Market Street, Main Street, Church Street, and also Heckewelder Place where the street may need to be dug up soon and safety is very important. Mr. Lyman, observing there is a narrow sidewalk on either side of Heckewelder Place, pointed out that the plan shows a sidewalk on one side of the street and the utilities underground. Acknowledging the Streetscape Master Plan has been before Council previously, Mr. Lyman recounted there was concern expressed by Members of Council about the implications to the City financially. Mr. Lyman affirmed the plan is a guideline for work to be done in the area and there is no financial implication whatsoever for the City. Mr. Lyman continued on to explain if any part of the plan is implemented the group would seek funding from outside grants using the plan as a basis since outside funding cannot be sought in the absence of a definitive plan. Mr. Lyman advised if a grant application is submitted through the City then at that time the City can decide if it wants to contribute in-kind services, for example, or funding.

Connie Glagola, 1710 Clover Street, a member of the Historic and Architectural Review Board, said the board was very appreciative and respectful of the work initiated by the Bethlehem Historic District Association on a streetscape master plan, and has studied it. Ms. Glagola communicated that the Board would appreciate Council’s utmost consideration of the plan. Speaking as a realtor, Ms. Glagola commented that Bethlehem is the crown jewel of the Lehigh Valley and the historic area has a lot to do with it. Ms. Glagola said anything that can be done to make the City a better place and have a plan as detailed as the streetscape master plan would be most appreciated.

Holly Sachdev, 1410 Calypso Avenue, advised she is also a member of the Historic and Architectural Review Board, and noted the streetscape master plan has come before the board twice. The first time every single member of the board wholeheartedly recommended the plan to Council. The second time, Mr. Lyman brought the plan to the board’s attention because it was under contention by City Council. Ms. Sachdev informed the Members that she, Ms. Glagola, and the other board members who are not at the meeting this evening wanted to let Council know that they truly, wholeheartedly support the plan. She asked Council to please look at this great master plan carefully that is a plan for the City to follow, and to help Historic Bethlehem maintain its integrity and help the City move forward as a historic City.

Eddie Rodriquez, 1845 Linden Street, advised that he took pictures of the Heckewelder Place area and showed them to City Council. Mr. Rodriquez pointed out there is a house in the area that is severely cracked because of the underground disruption, and the other houses may be affected. Mr. Rodriquez expressed his concern about the situation, and also how it would affect the sewer system.

Bill Scheirer, 1890 Eaton Avenue, stressed that the streetscape master plan is a plan and not a commitment. Recalling there were concerns the last time the proposal was before City Council that it might be regarded as a financial commitment of the City, Mr. Scheirer observed the Bethlehem Historic District Association used their own money to develop the plan. Mr. Scheirer added the group needs the plan and an official approval in order to get grants for it. Mr. Scheirer urged Council to approve the plan, and he expressed it is not a financial commitment.

6. OLD BUSINESS

Committee of the Whole Meeting – Rescheduling – Five Points Traffic Plan and One Way Pairs Proposal

President Donchez announced that, since the Committee of the Whole meeting that was scheduled February 12, 2008 on the Five Points Traffic Plan and One Way Pairs Proposal had to be cancelled due to inclement weather, the meeting has been rescheduled for Tuesday, March 11, 2008 at 7:00 PM in Town Hall. He added that letters will be sent as before to notify people about the meeting. Mr. Donchez thanked Mr. Nyul for providing his maps.

Pumping Station – Lehigh River Bank

Mrs. Belinski asked the status of pursuing funds to restore the pumping station at the Lehigh River bank, and added the City was given a deadline by the U.S. Army Corps of Engineers.

Michael Alkhal, Director of Public Works, responded that available funding sources are still being investigated, but to date no funding has been able to be secured to advance the project further.

Mrs. Belinski stated she is upset that the City is willing to provide $500,000 towards the Five Points Traffic Plan and One Way Pairs Proposal at the area of Wyandotte and Broadway, and yet there is a billion dollar investment being developed at the site of the former Bethlehem Steel Corporation property on the South Side for a casino and related development that could possibly be subject to flooding conditions. Mrs. Belinski highlighted the fact that in 1942 and 1955 there were severe floods and Bethlehem Steel Corporation property was flooded and the blast furnaces had to be shut down. Mrs. Belinski, stressing that to her the pumping station is a number one priority, asserted the funding should be identified to restore the pumping station in view of the billion dollar casino and related investments.

7. COMMUNICATIONS

A. City Solicitor – Use Permit Agreement for Public Property – 2008 Borinquenfest

The Clerk read a memorandum dated February 11, 2008 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a Use Permit Agreement for Public Property between the Puerto Rican Cultural Coalition of Bethlehem and the City for use of various City properties for the 2008 Borinquenfest for the time period June 18, 2008 to June 25, 2008, according to the terms of the Agreement.

President Donchez stated that the appropriate Resolution can be placed on the March 4 Council Agenda.

B. City Solicitor – Records Destruction Resolution – Police Department

The Clerk read a memorandum dated February 11, 2008 from John F. Spirk, Jr., Esq., City Solicitor, requesting a resolution for the destruction of records from the Police Department. The Law Bureau reviewed the Municipal Records Retention Act and the records fall within categories where destruction is permitted.

President Donchez stated that the appropriate Resolution can be placed on the March 4 Council Agenda.

C. City Solicitor – Agreement to Authorize Electronic Access to PennDOT Systems

The Clerk read a memorandum dated February 14, 2008 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached an Agreement between the Commonwealth of Pennsylvania, Department of Transportation and the City to authorize electronic access to PennDOT systems in connection with Highway Safety Program Grants.

President Donchez stated that the appropriate Resolution can be placed on the March 4 Council Agenda.

D. Parks and Public Property Director – Proposed Use Permit Agreement for Public Property – Youth Athletic Associations

The Clerk read a memorandum dated February 6, 2008 from Ralph E. Carp, Director of Parks and Public Property, to which was attached a proposed Use Permit for youth athletic organizations who utilize City owned athletic fields.

President Donchez forwarded the matter to the Parks and Public Property Committee.

E. Police Commissioner – Resolution for Reimbursement – Training of Police Officers

The Clerk read a memorandum from Randall Miller, Police Commissioner, dated February 8, 2008, requesting consideration of a Resolution necessary for the City to receive reimbursement from the State for 60% of the salary of Officers James Ruvolo and William Rodriguez for the 20 weeks they will be attending the Allentown Police Academy.

President Donchez stated that Resolution 11 C is listed on the Agenda.

8 . REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Mary Beth Baran – Parking Authority

Mayor Callahan appointed Mary Beth Baran to membership on the Parking Authority effective until June 2008. Mr. Leeson and Mr. Mowrer sponsored Resolution 15,259 to confirm the appointment.

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

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 3 – 2008 – Zoning Map Amendment – LVIP VII – Area 1B and 2B – HI to IR

The Clerk read Bill No. 3 – 2008 – Zoning Map Amendment – LVIP VII – Area 1B and 2B – HI to IR, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 3 – 2008, hereafter to be known as Ordinance 4472, was declared adopted.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Authorizing Execution of Use Permit Agreement – American Association of University Women, Bethlehem Branch – 2008 Book Fair – Memorial Pool

Mr. Leeson and Mr. Mowrer sponsored Resolution 15,260 that authorized the execution of a Use Permit Agreement between the American Association of University Women, Bethlehem Branch, and the City for use of the Memorial Pool Building for the 2008 Book Fair for the time period March 17, 2008 to April 28, 2008, according to the terms of the Agreement.

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

B. Authorizing Execution of License Agreement – Veranda Real Estate, L.P. – 1517-1531 Easton Avenue

Mr. Leeson and Mr. Mowrer sponsored Resolution 15,261 that authorized the execution of a License Agreement between Veranda Real Estate, L.P. and the City for the purpose of licensing to Veranda Real Estate that portion of the Easton Avenue right-of-way into which a Parking Area will encroach, according to the terms of the Agreement, and that the term of the license shall commence on this date of approval and terminate upon the determination by City Council that the City requires the right-of-way to widen Easton Avenue.

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

C. Requesting Reimbursement – Training of Police Officers

Mr. Leeson and Mr. Mowrer sponsored Resolution 15,262 that authorized the City to obtain reimbursement of monies for expenses incurred for Officers James Ruvolo and William Rodriguez pursuant to the training provisions of the Municipal Police Officers’ Education and Training Act, and agreeing that while receiving funds from the Commonwealth pursuant to the Act, the City shall adhere to the rules established by the Commission.

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

D. Certificate of Appropriateness – Streetscape Master Plan

Mr. Leeson and Mr. Mowrer sponsored Resolution 15,263 to secure a Certificate of Appropriateness for the Streetscape Master Plan for the key block defined by West Market Street, North New Street, West Church Street, and Heckewelder Place, and for the entire Central Bethlehem Historic District.

Mr. Schweder advised that, upon the advice of the City Council Solicitor, he is required to recuse himself from voting on the Resolution.

Mr. Leeson noted he had a conversation earlier this evening with Charles Lyman about the matter who allayed some of his concerns about the City’s potential financial commitment. Mr. Leeson observed that at some point there will be applications for funding and the City would be looked upon for a local match. Mr. Leeson continued on to say he and Mr. Lyman discussed the potential for in-kind contributions by the City and his concerns are satisfied about a way to avoid the obligation of a cash contribution towards a local match. Explaining his concerns are related to the difficult financial circumstances the City is in as contained in the 2006 audit report and that the City will probably end up with another major deficit in 2007, Mr. Leeson stressed the City’s finances are not good. He expressed that hopefully things will get better with the opening of the casino next year. Mr. Leeson, restating that his concerns have been allayed, said he will vote in favor of the Resolution.

Mrs. Belinski said she also talked to Mr. Lyman last night and he allayed her concerns as well, and she is ready to vote yes tonight.

Ms. Dolan commended the citizens who put together the Streetscape Master Plan that looks into the future. Ms. Dolan pointed out the plan calls for increases in pedestrian safety, lighting, walkability, a lessening of clutter, and will enlarge the beauty and spirituality of the key block. Ms. Dolan, recalling that previously some Members of Council had objected to approving the plan because it would cost the City money, stated the citizens cannot expect grant funding without Council’s cooperation and support of the plan tonight. Ms. Dolan, focusing on pages 47 and 48 of the plan, observed that in the Available Funding Sources it first references Harrisburg and states that the goal is to educate key State officials. Ms. Dolan further noted it is stated that it is important for the project to be listed in the State’s capital budget, three State agencies are mentioned, and there is no reference to expectation of City funds. It is also stated in the plan that the implementation can be accomplished by seeking outside funding through grants to the City. Ms. Dolan, observing that these citizens care so much about their neighborhood and City, highlighted the fact that they raised the funds to do the work and to spearhead the project. Ms. Dolan stressed this is something that should be commended and supported. Ms. Dolan said for the second time she will be voting yes.

Mr. Mowrer, observing this is probably one of the most significant blocks in the City, commented that if money will be spent on other blocks then there is an obligation here. Mr. Mowrer added that if one walks in the area, one will understand.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 6. Not Voting: Mr. Schweder. The Resolution passed.

E. Certificate of Appropriateness – Moravian College Dormitory – Hurd Campus

Mr. Leeson and Mr. Mowrer sponsored Resolution 15,264 that secured a Certificate of Appropriateness for additional design details for the proposed new dormitory on Moravian College's Hurd Campus.

Mr. Schweder, while noting he will support the Resolution, pointed out that as evidenced in paragraph 8 of the Case this is not the finished proposal. Mr. Schweder said he would assume this needs to go back to HARB for review, and then back to Council.

Christopher Spadoni, City Council Solicitor, affirming that he spoke with Mr. Schweder before the Meeting, stated it appears to be open-ended and it would be his opinion that if it is approved this evening it would need to go back to HARB and then returned to City Council as the final approval process.

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

F. Certificate of Appropriateness – 55 East Church Street

Mr. Leeson and Mr. Mowrer sponsored Resolution 15,265 that granted a Certificate of Appropriateness to replace a double hung window with new French doors at 55 East Church Street.

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

12. NEW BUSINESS

Committee Announcements

Chairman Leeson announced a Finance Committee meeting on February 26, 2008 at 4:30 p.m. to receive a report on the 2007 expenditures and revenues, and to review year-end budget adjustments.

Ms. Dolan, Co-Chair of the Special Council Committee, announced a meeting on March 6, 2008 at 4:30 p.m. to review the Rules of Council.

President Donchez again announced the rescheduled Committee of the Whole meeting on the Five Points Traffic Plan and One Way Pairs Proposal for Tuesday, March 11, 2008 at 7:00 PM in Town Hall.

13. COURTESY OF THE FLOOR

Five Points Traffic Plan – One Way Pairs Proposal; Heckewelder Place

Eddie Rodriquez, 1845 Linden Street, said his main concern is what is happening on the South Side and stressed he does not approve of the one way pairs proposal. Mr. Rodriquez advised he will bring as many people as possible to the Committee of the Whole meeting on the Five Points Traffic Plan and One Way Pairs Proposal on March 11. Mr. Rodriquez asked if he can speak on behalf of those who attend the meeting but do not wish to address Council. President Donchez informed Mr. Rodriquez that he will have 5 minutes to address City Council and will not be permitted to speak for any other individual. Mr. Rodriquez, notifying the Members that another pedestrian was hurt in the Five Points area, asked what will be done about crosswalks and said he would like them to be made more visible. He also wanted no turn on red signs in all the intersections of the Five Points area. Mr. Rodriquez expressed his concern about school buses loading and unloading. Mr. Rodriquez stated that he comes to the meetings telling the truth and with statements that are true. Mr. Rodriquez noted he supports the Heckewelder project but he has major concerns about safety issues.

Mary Pongracz, 321 West Fourth Street, stressing she is appalled by anyone coming to the Council Meeting and saying the Historic District, remarked that is an insult to her, to the people who live in the South Bethlehem Historic Conservation District, and who live in the Mt. Airy Historic District. Ms. Pongracz highlighted the fact that there is no singular historic district in the City, and all the historic districts in Bethlehem should be recognized for what they are that is an attempt to conserve the history of the City of Bethlehem. Ms. Pongracz stressed it is not the historic district in North Bethlehem that will save the City from financial ruin but rather it is on the South Side of Bethlehem where it will save the City from financial ruin. Ms. Pongracz recalled no one cared when buildings on the South Side were torn down on Packer Avenue and on Vine Street where she lost a historic home that was built during the Civil War. Ms. Pongracz highlighted the fact that the Moravians first settled on the South Side of the Lehigh River. Ms. Pongracz added that the South Side has always welcomed everyone regardless of race, color, creed, economic level, and so on.

EAC; City Taxes

Robert Pfenning, 2830 Linden Street, commended the EAC for sending representatives to the City Council Meetings and the Planning Commission meetings. Mr. Pfenning inquired about the City’s receivables in 2007 versus 2006.

Dennis Reichard, Business Administrator, replied the taxes receivable are fairly equal for 2006 and 2007, and there is about $700,000 still out. Mr. Reichard added that foreclosures were not noticeable.

North Side and South Side

Stephen Antalics, 737 Ridge Street, commented that the North Side and South Side discussion has occurred from year one and will go to infinity. Mr. Antalics noted the first generation was the foreign invaders who lived in shanty towns, and later some moved to the North Side to escape the stigma of the South Side. With the expansion of Bethlehem Steel Corporation and Lehigh University houses were torn down, while other housing stock has been rented by the Latino population and landlords allowed them to deteriorate. Mr. Antalics remarked that the situation will not change because the people who were oppressed are now the oppressors and are narrow-minded. He further observed that non-acceptance of population groups means the City does not have the unity it needs to make it one City.

South Side and North Side Issues

Chuck Nyul, 1966 Pinehurst Road, questioned whether the South Side and the City will be ready for the casino development in one year, and further asked is the South Side ready for all the parking, vehicles, and traffic. Mr. Nyul, referring to the project for a glass building on Eighth Avenue across from Martin Tower, said he does not see it as a beneficial building to the City but rather an eyesore. Mr. Nyul wondered whether anyone asked why Dun and Bradstreet left the Martin Tower building. Mr. Nyul expressed the hope that in 20 years the City will have $160 million from the casino project and that it is spent well. Mr. Nyul thought that the pumping station should be fixed.

The meeting was adjourned at 8:30 p.m.