Council MInutes
March 3, 2009
BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, March 3, 2009 – 7:00 PM
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
President Donchez called the meeting to order. Edward Buckvitz,
of First Church of Christ, Scientist, offered the invocation
which was followed by the pledge to the flag. Present were
Jean Belinski, Karen Dolan, Joseph F. Leeson, Jr., J. William
Reynolds, J. Michael Schweder and Robert J. Donchez, 6. Gordon
B. Mowrer was absent, 1.
4. APPROVAL OF MINUTES
The Minutes of February 17, 2009 were approved.
5. COURTESY OF THE FLOOR (for public comment on ordinances
and resolutions to be voted on by Council this evening)
Comprehensive Plan
Bill Scheirer, 1890 Eaton Avenue, expressed his surprise
that the Resolution to adopt the Comprehensive Plan was on
the Agenda because numerous concerns were raised by Members
of Council and the public at the Committee of the Whole meeting
on February 25, 2009 at which the Public Hearing on the Comprehensive
Plan was held. Mr. Scheirer thought the issues raised should
be further discussed and deliberated and the Resolution for
the Comprehensive Plan considered at the next City Council
Meeting. Mr. Scheirer raised the issue of adaptive reuse of
historic buildings. Observing that while everyone would like
to see adaptive reuse of four churches on the South Side that
are being closed, Mr. Scheirer stressed that Broughal Middle
School is in greater peril and is scheduled for destruction
in August. Mr. Scheirer highlighted the fact that this architectural
resource that was designed by one of the premier architects
who worked in Bethlehem has window sills that people can sit
on, an auditorium with some of the best acoustics in the Lehigh
Valley, and French doors in the style of Frank Lloyd Wright.
Mr. Scheirer said if Lehigh University has no use for the
building, it could be an elementary school or exceptional
community center. Mr. Scheirer pointed out there is enough
room for physical education outside the school building, but
during construction the athletic teams would have to travel
elsewhere as they have been doing for the past 2-3 years.
He continued on to point out that Broughal will have a new
planetarium, is located near a library, and whatever the cost
would be to modify drainage patterns would be far less that
demolition costs. Mr. Scheirer said if the Resolution is to
be voted on this evening, he would ask that a Member of Council
offer the following amendment: The City of Bethlehem strongly
supports the adaptive reuse of the four churches recently
abandoned in South Bethlehem, and the adaptive reuse of Broughal
Middle School. Requesting that this issue not be deferred
until the demolition ordinance proposal is considered, Mr.
Scheirer asserted when that occurs there will be questions
on who has the authority to put buildings on the list to be
reviewed and by that time it will likely be too late. Mr.
Scheirer stressed if the demolition of Broughal Middle School
is not stopped future historians will write that City Council
was complicit with the School District in allowing politicial
overcorrectness to cause an egregious act of architectural
and historical vandalism.
Peter Crownfield, 569 Brighton Street, concurred with Mr.
Scheirer that action on the Comprehensive Plan should be deferred
and another hearing held. He added that the demolition proposal
is not considered in the Comprehensive Plan. Mr. Crownfield
advised his concern is the transportation section of the Plan,
and stressed that it fails to address the serious health issues
from existing traffic in the City and from future traffic
given the casino development and planned parking facilities.
Mr. Crownfield advised both Lehigh and Northampton Counties
are among the worst in the United States for diesel particulate
pollution, are in violation of the Clean Air Act provisions
announced in December, and Bethlehem is the 7th worst metropolitan
area for the incidence of asthma. Mr. Crownfield highlighted
the fact that accommodations are being made for more traffic
instead of addressing the health issues. He pointed out that
the solutions are anti-idling restrictions, and high efficiency
motors. The other main problem is that bicycle and pedestrian
issues are not addressed in any meaningful way, and rates
of accidents in the City involving these are not addressed.
Mr. Crownfield stressed that existing bicycle laws are not
enforced, and related issues will get worse.
Breena Holland, 379 Carver Drive, stated the Comprehensive
Plan does not address the problem of air quality in South
Bethlehem, and the City is out of compliance with the current
Clean Air Act standards. Ms. Holland pointed out the American
Lung Association recently won a lawsuit challenging the EPA
to set the standards more stringently. Turning to the ozone
standard, Ms. Holland advised the City was out of compliance
for a number of years, and then the Pennsylvania Department
of Environmental Protection got compliance standards under
the old standards. Ms. Holland pointed out that both of these
issues are related to asthma and respiratory problems, particularly
with school children. Highlighting the fact that the plans
are for more cars and parking garages in the City, Ms. Holland
stressed these plans lead to more pollution. Ms. Holland observed
some of the more innovative practices are to keep cars out
of urban areas and use non-polluting transportation systems.
Ms. Holland observed this is the area in which the Comprehensive
Plan needs more work. Ms. Holland wondered whether some of
the money for the parking lots would be coming from the Federal
government, and whether environmental impact statements were
required. She pointed out that would be a perfect opportunity
to study some of these problems.
Lawrence Krauter, Chairman of the Planning Commission, recommended
that Council adopt the Comprehensive Plan, and highlighted
the fact that an updated plan has not been adopted since 1991.
Mr. Krauter thought a way to address some of the concerns
raised by citizens is not to delay action on the Plan but
to adopt the Plan so that the staff can move forward with
dealing specifically with some of these issues and important
Zoning Ordinance amendments that will flow out of the Comprehensive
Plan. Mr. Krauter communicated he does not see the Comprehensive
Plan as an impediment to achieving some of the things that
people are concerned about but rather as a stepping stone.
Mr. Krauter advised the Comprehensive Plan was very widely
informed, and was constructed from a great variety of public
input, and a great deal of effort went into soliciting public
input. Mr. Krauter pointed out the Plan involved hundreds
of hours of work by many thoughtful people living and working
in the City, the City staff and officials. Mr. Krauter stated
the public participation was very good, particularly with
regard to the use of the Comprehensive Plan Task Force, Bethlehem
Area School District, Lehigh University, Moravian College,
Northampton County Community College, City Council, Zoning
Hearing Board, CACLV, LVEDC, St. Luke’s Hospital, and
so on. Mr. Krauter thought there was a significant effort
to get the best thoughts from a diverse number of people and
constituencies in the City. The Planning Bureau held a Public
Hearing on November 6, 2008 and received input from citizens.
In addition, there was an internet survey to which there were
520 responses, and good press coverage. Mr. Krauter pointed
out that the Comprehensive Plan was preceded by several other
important planning documents; i.e., Stefko Boulevard plan,
South Side Vision 2012, residential and South Bethlehem master
plans, Five Points Gateway Area study, Bethlehem Greenway
plan, Elm Street plan, Lehigh Valley Planning Commission 2030
plan, and Brookings Institute Report. He added all these documents
can be found on the City’s or other websites. Mr. Krauter
explained it is believed that planning can do something to
positively influence nearly every aspect of City life and
commerce. The essential step is to define the goals, and commit
to the task of seeing them carried out. Mr. Krauter observed
the Comprehensive Plan is going to lack some of the detail
that some people would like to see, but the Plan represents
the broader view. Mr. Krauter stated that the Planning Commission
and the Administration will have the task of moving forward
with the Zoning Ordinance amendments as a result of the Comprehensive
Plan process.
Stephen Antalics, 737 Ridge Street, suggested that the Comprehensive
Plan be tabled until a new vision of the Zoning Ordinance
is complete. Mr. Antalics stated the Comprehensive Plan of
1991 addressed various issues while the priority of issues
in the new Comprehensive Plan is residential, commercial,
and land use, and other issues were secondary. Mr. Antalics
remarked that the issues that existed as problems in 1991
again appear in the current Comprehensive Plan. Consequently,
Mr. Antalics stressed the issues in 1991 would have been corrected
by a proper Zoning Ordinance. By adopting the new Zoning Ordinance
first, Mr. Antalics said a lot of the problems that have existed
since 1991 would be precluded and would be addressed in the
Zoning Ordinance rather than in the Comprehensive Plan. Turning
to Broughal School, Mr. Antalics informed the assembly that
the Pennsylvania Education Department does not require extra
curricular activities after school and as a result playing
fields are not required. Mr. Antalics stressed to use that
as an excuse to demolish the building is a very inferior reason
and destructive in terms of the face of the South Side by
depriving it of its historic monuments such as the marketplace
at Third and Adams. Mr. Antalics remarked on the one hand
preservation is being discussed but yet the face of the South
Side is being destroyed. Mr. Antalics asked if Council could
look into whether Broughal Middle School really needs to be
demolished. Mr. Antalics advised he brought up the matter
with the School Board but is was basically a done deal.
Salaries – Elected Official; Grant for Sand Island
West
Dana Grubb, 2420 Henderson Place, said he agrees with holding
the line on the salaries of Council Members and the Controller,
and agrees with increasing the Mayor’s salary but not
at this time in view of the recession. Mr. Grubb thought elected
officials should be showing more leadership and respect for
their constituents who are already struggling. Mr. Grubb suggested
the Mayor’s salary be frozen at $80,000 for the first
year, increase it in 2011, and increase it by $4,250 in 2012
and in 2013. Mr. Grubb encouraged Council’s approval
of the grant application for completing work on the western
end of Sand Island that he said is long overdue. He noted
the pavilion construction was reviewed and favorably received
by the Recreation Commission in January. Mr. Grubb questioned
whether there are matching requirements for the Grant and
does the City have the match in hand.
Ralph Carp, Director of Parks and Public Property, affirmed
the Grant does require matching funds from the City or services
in kind, and the City has the match in place.
Comprehensive Plan
Eddie Rodriquez, 1845 Linden Street, said he would like
to see something included in the Comprehensive Plan to address
activities for youth to keep them involved and out of trouble.
He asserted it is a problem in the City that needs to be dealt
with, and that the Skate Park is not enough. Mr. Rodriquez
suggested a recreational center at Broughal School and thought
that revenues could be drawn from such a program that could
include educational and technology aspects, and indicated
that many families cannot afford computers. Mr. Rodriquez
said if nothing is done then he will get petitions to gather
enough interest and to use Broughal School or other empty
church buildings.
Terry Meixell, 56 E. Goepp Street, stated he is totally
against the 5 Points One Way Pairing in which he found numerous
flaws. Mr. Meixell thought that if the Comprehensive Plan
surveys are as flawed as the Five Points traffic plan surveys
then Council should reconsider taking a vote on the Comprehensive
Plan this evening, and that it is in the wrong direction.
Mary Pongracz, 321 West Fourth Street, asserted that the Comprehensive
Plan is full of holes, and so much of the information contained
in it is a regurgitation of the plans from 1976 and 1991.
Ms. Pongracz enumerated three things that should be done.
One, bring the information up to date. Two, set a priority,
do the things that can be done now, and focus on what the
City needs. Three, if the salaries of elected officials are
going to be frozen, then taxes should be frozen. Ms. Pongracz
stressed the problem with the Comprehensive Plan is that it
has been put together by people who do not know the City of
Bethlehem. Ms. Pongracz, emphasizing that she resents anyone
saying that Broughal Middle School should be torn down, said
it is akin to tearing down the Statue of Liberty. She communicated
that education goes far beyond having a football field. Ms.
Pongracz stated that spot zoning in the City needs to be addressed,
and the Zoning Ordinance needs to be redone properly. Ms.
Pongracz noted that by adopting the Comprehensive Plan a working
document is being adopted that may or may not work. Ms. Pongracz,
highlighting the fact that parts of South Bethlehem were torn
down for redevelopment, affirmed the Victorian house in which
she lived was also torn down. Ms. Pongracz pointed out that
the residents of South Bethlehem do not have to be told what
they need because they already know what they need; i.e.,
the services that others in the City get, and an Administration
that will work to keep the City what it should be. Ms. Pongracz
said to adopt the Comprehensive Plan is incomprehensible to
her because it is inadequate and not ready to be adopted.
She further pointed out the ignorance in not including West
Bethlehem in the Plan, and added there are many residents
of South Bethlehem who can explain what that section of the
City is all about.
6. OLD BUSINESS.
A. Tabled Items
None.
B. Unfinished Business
1. Establishing Article 314 – Security Cameras
2. Gift of Real Estate – LVIP
3. Bill No. 28 - 2008 – Amending Zoning Ordinance –
Various Sections
4. Establishing Article 1716 – Landmarks and Properties
of Historical Interest
C. Old Business – Members of Council
Demolition of Historic Buildings
Mrs. Belinski advised that last May she began the process
of a proposed Ordinance to require demolition of historic
buildings to first come before City Council for review. Mrs.
Belinski noted she was told that, when the permit to build
the new Broughal School was obtained, permission was also
given at the same time to demolish the old Broughal Middle
School. Mrs. Belinski wondered whether the permit is still
valid, and expressed there may still be hope.
Mayor Callahan affirmed when the construction permit for
the new Broughal School was obtained a demolition permit for
the old Broughal School was given but he does not know the
answer to the time limit.
Darlene Heller, Director of Planning and Zoning, while advising
that the permit department should be contacted, stated when
a permit is obtained there is a certain time limit within
which to start the project and as long as the project is ongoing
it is not an issue. Ms. Heller, noting that the work must
be continuous, said to her knowledge the work has been continuous.
President Donchez asked that the matter be checked and a
memorandum sent to City Council regarding whether or not there
is an expiration date.
7. COMMUNICATIONS
A. Fire Commissioner – Fire Department - Personnel
The Clerk read a memorandum dated February 18, 2009 from
George Barkanic, Fire Commissioner, requesting the scheduling
of a Human Resources and Environment Committee Meeting to
discuss the promotion of four firefighters to the rank of
Lieutenant and the temporary addition of a Captain.
President Donchez forwarded the matter to the Human Resources
and Environment Committee.
B. Director of Parks and Public Property – Resolution
Authorizing DCNR Grant Application for Sand Island
The Clerk read a memorandum dated February 20, 2009 from
Ralph E. Carp, Director of Parks and Public Property, to which
was attached a proposed Resolution authorizing the application
for a DCNR grant in the amount of $200,000 to enable the City
to move forward to complete the Sand Island West renovation
project.
President Donchez stated that the Resolution will be listed
on the March 17Agenda.
C. Director of Planning and Zoning - Comprehensive Plan –
Follow Up to February 25 Public Hearing
The Clerk read a memorandum dated February 26, 2009 from
Darlene L. Heller, Director of Planning and Zoning, to which
was attached comments from the February 25 Public Hearing
which could be incorporated into the Comprehensive Plan draft.
The Clerk read two additional memorandums from Ms. Heller
dated March 3, 2009 that were also submitted to further amend
the Comprehensive Plan Revisions to add item 9 pertaining
to bicycle travel, and item 10 concerning preservation of
built resources in the parks.
President Donchez stated that authorizing Resolution 11 D
is on the Agenda.
8. REPORTS
A. President of Council
1. Councilmanic Appointment – Loretta M. Leeson –
Recreation Commission
President Donchez reappointed Loretta M. Leeson to membership
on the Recreation Commission effective until January 2014.
Mr. Reynolds and Mrs. Belinski sponsored Resolution No. 2009-50
to confirm the appointment.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Reynolds, Mr.
Schweder, and Mr. Donchez, 5. Abstaining: Mr. Leeson, 1. The
Resolution passed.
B. Mayor
None.
C. Finance Committee
Joseph F. Leeson, Jr., Chairman of the Finance Committee,
gave an oral report of the meeting that was held on Tuesday,
February 10, 2009 on the following subjects: Amending General
Fund Budget – Health Bureau; Amending Golf Course Enterprise
Fund Budget – 2008 General Obligation Note; Amending
Non-Utility Capital Budget: A. Fire Department – FEMA
Grant – Rescue Tools, B. Year End Adjustments; Recreation
Fees – Proposed Increases; Amending Article 1120 –
Emergency Medical Services – Fees; Amending Article
129 – Municipal Bond Issues – Subject Matter Restrictions;
Elected Officials – Salaries: Mayor, Controller, Treasurer,
City Council.
9. ORDINANCES FOR FINAL PASSAGE
A. Bill No. 1 – 2009 - Amending General Fund Budget
– Health Bureau
The Clerk read Bill No. 1 – 2009 – Amending
the General Fund Budget – Health Bureau, on Final Reading.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Reynolds,
Mr. Schweder, and Mr. Donchez, 6. Bill No. 1 - 2009, hereafter
to be known as Ordinance 2009-3, was declared adopted.
B. Bill No. 2 – 2009 - Amending Golf Course Enterprise
Fund Budget – 2008 General Obligation Note
The Clerk read Bill No. 2 – 2009 – Amending
Golf Course Enterprise Fund Budget – 2008 General Obligation
Note, on Final Reading.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Reynolds,
and Mr. Donchez, 5. Voting NAY: Mr. Schweder, 1. Bill No.
2 - 2009, hereafter to be known as Ordinance 2009-4, was declared
adopted.
C. Bill No. 3 – 2009 - Amending Non-Utility Capital
Budget - FEMA Grant for Fire Department and Year End Adjustments
The Clerk read Bill No. 3 – 2009 – Amending Non-Utility
Capital Budget – FEMA Grant for Fire Department and
Year End Adjustments, on Final Reading.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Reynolds,
Mr. Schweder, and Mr. Donchez, 6. Bill No. 3 - 2009, hereafter
to be known as Ordinance 2009-5, was declared adopted.
D. Bill No. 4 – 2009 - Amending Article 129 –
Municipal Bond Issues – Subject Matter Restrictions
The Clerk read Bill No. 4 – 2009 – Amending
Article 129 – Municipal Bond Issues – Subject
Matter Restrictions, on Final Reading.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, and Mr.
Schweder, 4. Voting NAY: Mr. Reynolds and Mr. Donchez, 2.
Bill No. 4 – 2009, hereafter to be known as Ordinance
2009-6, was declared adopted.
E. Bill No. 5 – 2009 - Establishing Salary of Mayor
– 2010 through 2013
The Clerk read Bill No. 5 – 2009 – Establishing
Salary of Mayor – 2010 through 2013, on Final Reading.
Voting AYE: Ms. Dolan, Mr. Leeson, Mr. Reynolds, and Mr.
Donchez, 4. Voting NAY: Mrs. Belinski and Mr. Schweder, 2.
Bill No. 5 – 2009, hereafter to be known as Ordinance
2009-7, was declared adopted.
F. Bill No. 6 – 2009 - Establishing Salary of Controller
– 2010 through 2013
The Clerk read Bill No. 6 – 2009 – Establishing
Salary of Controller – 2010 through 2013, on Final Reading.
President Donchez stated that, as Members of Council are
aware, Bill No. 6 was amended on First Reading at the February
17 City Council Meeting to set the Controller’s salary
at $49,000 for the next four year period that is the same
amount as was set for the current year 2009.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Reynolds,
Mr. Schweder, and Mr. Donchez, 6. Bill No. 6 - 2009 hereafter
to be known as Ordinance 2009-8, was declared adopted.
G. Bill No. 7 – 2009 - Establishing Salary of Treasurer
– 2010 through 2013
The Clerk read Bill No. 7 – 2009 – Establishing
Salary of Treasurer – 2010 through 2013, on Final Reading.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Reynolds,
and Mr. Donchez, 5. Voting NAY: Mr. Schweder, 1. Bill No.
7 - 2009 hereafter to be known as Ordinance 2009-9, was declared
adopted.
H. Bill No. 8 – 2009 - Establishing Salary of Members
of Council and President of Council – 2010 through 2013
The Clerk read Bill No. 8 – 2009 – Establishing
Salary of Members of Council and President of Council –
2010 through 2013, on Final Reading.
President Donchez stated that Bill No. 8 was amended on
First Reading at the February 17 City Council Meeting to set
the salary of the Members of Council at $7,100 for the next
four year period that is the same amount as was set for the
current year 2009; and, to set the salary of the President
of Council at $7,600 for the next four year period that is
the same amount as was set for the current year 2009.
Ms. Dolan, stating she will be voting yes on the Bill, said
she does not feel Council is really done with the issue of
unequal compensation for those who take the benefit of health
care from the City and those who do not. Ms. Dolan hoped that
President Donchez would consider having the matter reviewed
in Committee, and added there is more to look at than what
other cities do. Ms. Dolan did not think because other cities
give benefits or does otherwise that Bethlehem should do exactly
the same.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Reynolds,
Mr. Schweder, and Mr. Donchez, 6. Bill No. 8 - 2009 hereafter
to be known as Ordinance 2009-10, was declared adopted.
10. NEW ORDINANCES
None.
11. RESOLUTIONS
A. Authorizing Use Permit Agreement for Public Property –
St. Luke’s Hospital and Health Network – 2009
Boutique at the Rink
Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-51
that authorized the execution of a Use Permit Agreement between
St. Luke’s Hospital and Health Network and the City
for use of the Municipal Ice Rink for the 2009 Boutique at
the Rink for the time period April 28, 2009 to June 1, 2009,
according to the Agreement.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Reynolds,
Mr. Schweder, and Mr. Donchez, 6. The Resolution passed.
B. Authorizing Records Destruction – Controller’s
Office
Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-52
that authorized the disposition of the public records from
the Controller’s Office as listed in Exhibit A, according
to schedules and procedures for the disposition of records
as set forth in the Municipal Records Manual approved on July
16, 1993 and Resolution 13,076.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Reynolds,
Mr. Schweder, and Mr. Donchez, 6. The Resolution passed.
C. Certificate of Appropriateness – 217 Broadway
Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-53
that granted a Certificate of Appropriateness to construct
an addition on the side and rear of the building and to install
two flags at 217 Broadway.
Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Reynolds,
Mr. Schweder, and Mr. Donchez, 6. The Resolution passed.
D. Adopting City of Bethlehem Comprehensive Plan 2008 and
Revisions
Mr. Reynolds and Mr. Leeson sponsored Resolution 2009-54
that adopted the City of Bethlehem Comprehensive Plan 2008
and Summary of Recommended Revisions dated November 13, 2008
and February 25, 2009, containing Introduction, City Profile,
Future Land Use, Housing and Neighborhoods, Downtown Revitalization
and Economic Development, Environmental Conservation, Parks
and Recreation, Historic Preservation, Transportation, Community
Facilities and Services, Arts and Cultural Amenities, and
Action Program, and including maps, charts, and textual matter.
Amendment 1 to Resolution 11 D
Ms. Dolan clarified that, as stated earlier, there was an
additional item regarding historic preservation in the City’s
parks to be added. President Donchez read item 10, as follows:
The Historic Preservation Chapter should recognize the need
to protect and preserve the built resources in the City’s
many historic parks.
Ms. Dolan asked whether it would be the appropriate time
to propose additional points to the Recommended Revisions
to the Comprehensive Plan based on new information raised
this evening by citizens. President Donchez replied in the
affirmative. Christopher Spadoni, City Council Solicitor,
affirmed amendments would need to be made by motion, second,
and then a vote on the amendment. Attorney Spadoni informed
Ms. Dolan that additions to the listing need to be made by
motion, second, and vote.
Ms. Dolan, turning to the Comprehensive Plan, Historic Preservation
Strategies, page 8-9, communicated that in support of Mrs.
Belinski’s efforts to regulate the demolition of buildings
beyond the City’s Historic Districts, and Mr. Reynolds’
efforts to revise some of the verbiage in the Plan Revisions
she would offer an amendment. In the Comprehensive Plan, Historic
Preservation Strategies, page 8-9, item 3, Ms. Dolan moved
to strike the word “consider” at the beginning
of the sentence and add the word “strengthen”
in place of the word “strengthening”, so that
Item 3 would be amended to read as follows: Strengthen the
City’s regulations on the demolition of older buildings
beyond the three City historic districts to include historic
resources in other parts of the City. Mr. Reynolds seconded
the motion.
Ms. Dolan, commenting that the Strategies are the real strength
of the Comprehensive Plan, thought that given the current
process underway to solidly address demolition of historic
structures beyond the three City historic districts it ought
to be stated in the Comprehensive Plan that it is not something
that is being considered but rather it is something the City
is determining to do. Ms. Dolan added that Chris Ussler, the
City’s Historic Officer, supports the efforts as well.
Voting AYE on the amendment: Mrs. Belinski, Ms. Dolan, Mr.
Reynolds, Mr. Schweder, and Mr. Donchez, 5. Voting NAY: Mr.
Leeson, 1. The amendment passed.
Amendment 2 to Resolution 11 D
Ms. Dolan, referring to discussions about air quality issues,
turned to the Comprehensive Plan, Public Transit Service,
page 9-26, items 18 and 19, and pointed out these items address
such issues. Ms. Dolan asked whether the Mayor’s Climate
Protection Agreement addresses air quality and might enhance
this section of the Comprehensive Plan.
Mayor John Callahan affirmed he would have no objection
to referencing the Mayor’s Climate Protection Agreement
in the Comprehensive Plan where appropriate. Mayor Callahan
explained that given the City’s resources and the ability
to measure such things as the City’s carbon footprint
a decision was made to lead by example as a City in the way
its operations are done, and to try to put policies in place
in the Comprehensive Plan that would encourage others to do
the same. Mayor Callahan observed the 12 points in the Mayor’s
Climate Protection Agreement are probably addressed in various
sections of the Comprehensive Plan. Mayor Callahan added the
issues related to the Greenway, walkability and bikeability
are part of the Mayor’s Climate Protection Agreement.
Darlene Heller, Director of Planning and Zoning, affirmed
that the reference to the Mayor’s Climate Protection
Agreement is in the Comprehensive Plan, Environmental Conservation,
page 6-3. Ms. Heller continued on to note that in the Housing
and Neighborhood section walkability and quality of life are
addressed. In the Transportation section much of the public
response concentrated on pedestrian and bicycle safety as
opposed to new roads and traffic calming, and all highlight
different components of the overall Climate Protection Agreement.
Ms. Dolan highlighted the fact that although the reference
to the Mayor’s Climate Protection Agreement is in the
Comprehensive Plan, Environmental Conservation section, it
is not in the Strategies that she stated was important. Ms.
Dolan moved that the Mayor’s Climate Protection Agreement
be referenced in the Environmental Conservation Strategies
in the Comprehensive Plan as a document that represents the
overall goals of the City and improving its environment. Mr.
Leeson seconded the motion.
Voting AYE on the amendment: Mrs. Belinski, Ms. Dolan, Mr.
Leeson, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 6. The
amendment passed.
Mr. Reynolds communicated the Comprehensive Plan document
is a plan for which there are some limitations, and it is
a working document. As far as issues raised by Ms. Dolan and
citizens, Mr. Reynolds said policies need to be implemented
to reflect preferences in the Comprehensive Plan. Focusing
on comments that what is contained in the Comprehensive Plan
is a regurgitation of what had been in earlier plans, Mr.
Reynolds indicated to a certain extent that is why it is Bethlehem;
i.e., because the City continues to do things well over the
years that have led it to be the place it is today. Turning
to Mr. Krauter’s earlier comments, Mr. Reynolds said
what needs to be done is to look at what is in the Comprehensive
Plan and moving forward with strategies and policies that
reflect the priorities. As far as pollution and transportation,
etc., Mr. Reynolds said he knows this Administration is very
committed to looking at those things. While some might want
stronger language in the Comprehensive Plan in the coming
months and beyond, Mr. Reynolds observed that policies and
strategies will be implemented to reflect those priorities.
Mr. Reynolds stated he does not have a problem voting for
the Comprehensive Plan knowing that Council, the Administration
and the citizens will move forward in a way that will reflect
environmental priorities.
Mr. Schweder, noting he will vote in favor of the Comprehensive
Plan, thought very legitimate concerns were raised by citizens.
However, Mr. Schweder observed the reality is that the Comprehensive
Plan document does not commit the City to do anything. About
ten years ago when there was a zoning issue before Council,
he inquired of the former Planning Director how often the
Director referred back to the Comprehensive Plan. The response
was very little if ever. Mr. Schweder stressed the real proof
of how serious the Comprehensive Plan will be taken is what
will be done in the months ahead to change the Zoning Ordinance
to protect neighborhoods that have been under siege for a
long time.
Mrs. Belinski recalled the former Planning Director had
said the Comprehensive Plan represents the position of the
Administration.
President Donchez, noting he will support the Comprehensive
Plan, expressed he views it as a working document that addresses
many issues including quality of life, strong neighborhoods,
public safety, and recreation. However, President Donchez
commented he has some concerns related to pollution, transportation,
and demolition of historical buildings. President Donchez
agreed that, as Mr. Schweder stated, the key point and challenge
will be the revision of the Zoning Ordinance to guide the
City in the coming years.
Voting AYE on Resolution 11 D, as Amended: Mrs. Belinski,
Ms. Dolan, Mr. Leeson, Mr. Reynolds, Mr. Schweder, and Mr.
Donchez, 6. Resolution 2009-54 passed.
12. NEW BUSINESS
New State Law – County-Wide Earned Income Tax Collection
President Donchez, referring to the memorandum he sent regarding
the new State law for the collection of Earned Income Taxes
(EIT), asked whether the City is going to pursue collection
of taxes for Northampton County, and observed it would require
more resources and personnel. However, if the City does not
collect for the County then the reverse would be true.
Dennis Reichard, Business Administrator, confirmed the City
will pursue it and added he and other staff members will be
attending a seminar on the matter.
President Donchez inquired whether any other municipalities
in Northampton County have an interest in being the collection
agency for taxes. Mr. Reichard responded no other municipalities
have expressed an interest, but there is interest from Berkheimer
Associates.
Mayor Callahan noted that County-wide collection of EIT taxes
is an issue that has been followed very closely by the Pennsylvania
League of Cities and Municipalities and the group worked with
the State to make sure that municipalities that currently
collect EIT would be considered as an entity and are consulted
on implementation. There will be the ability to collect some
of the taxes that have been lost, the process will be more
streamlined for taxpayers, and it is hoped that more revenue
will be generated. In the formulation of the board, Bethlehem
will be given the opportunity to be the collection agency.
In response to President Donchez, Mayor Callahan noted it
would start in 2012.
Mr. Reynolds observed that currently the City relies on
the Townships to pay the City for EIT taxes. Mr. Reichard
replied the City looks at the State revenue records, and there
are quarterly reports between the City and the Townships to
make sure the City gives the money to the Townships and vice
versa. Mr. Reichard, in further response to Mr. Reynolds,
noted there are sometimes delays. Mr. Reynolds asked in the
event the City were to be the collection agency whether the
delays would be diminished. Mr. Reichard replied the delays
should no longer exist. Mr. Reynolds queried what is the reason
the Townships would sometimes delay paying the City. Mr. Reichard
explained there may be uncertainty as to where the money should
go.
Ms. Dolan asked if the City would collect the EIT for the
City and for the School District whether there is an efficiency
factor. Mr. Reichard advised that EIT is based on where people
live and the School District would already have it coded as
to where people live. Mayor Callahan pointed out there are
some economies of scale by moving to the new system. Mayor
Callahan exemplified that, currently, if someone works in
Bethlehem and lives in Lower Saucon Township the City would
collect the EIT and then turn it over to Lower Saucon Township
and vice versa. Under the new system that exchange would be
eliminated. If the City were selected, the City would collect
for the entire County of Northampton. Explaining the rationale
for County-wide collection, Mayor Callahan observed that the
majority of citizens may live and work in the same County
so it would be less often that the reciprocation would have
to take place of one municipality forwarding the funds to
another municipality and vice versa.
Ms. Dolan, focusing on the Local Services Tax, expressed
the hope that system would be improved to make it more efficient
and less egregious for those who do not make a lot of money,
and for those to hold more than one job.
Mr. Schweder asked if someone lived in the City of Bethlehem
and worked in Hanover Township when the EIT revenue came back
to the City from the Township would it have the individual’s
name and their employer. Mr. Reichard advised that the information
is coded so that Hanover Township would code it for the City
of Bethlehem, and it would have the employer with the name
and the code. Mr. Reichard noted that sometimes it will be
coded for the City of Bethlehem since it is a Bethlehem address
but the location is actually in Fountain Hill. Mr. Reichard
exemplified that for Lehigh University, it would state Lehigh
University and then hundreds of names with the codes. Then,
the City would check the codes and return the money to the
appropriate Township.
13. COURTESY OF THE FLOOR
Noise and Air Pollution from Industrial Businesses –
Yeates Street Area
James Kovacs, 716 Yeates Street, expressed that the City
seems to be giving companies carte blanche to do whatever
they want because the Zoning Ordinances and the codes are
not being followed. Mr. Kovacs informed the assembly that
where he resides behind the former Krick’s Bakery off
Stefko Boulevard there is air pollution from Bethlehem Precast
from the concrete dust but there is also noise pollution from
Airco Products now called Lindy. Mr. Kovacs stressed that
the company is venting fumes, gas and air, and there is excessive
noise beyond the allowable levels. Mr. Kovacs, notifying the
Members that he has written the dates and the occurrences
on several occasions, enumerated the dates, times, and Police
Officers who responded to his calls. Mr. Kovacs questioned
why an Officer refused to respond to one of his calls about
a noise complaint. One of the Officers called Airco and was
informed the company was transferring from one tank to another.
Mr. Kovacs queried who should he go to if the City is not
enforcing the laws. Mr. Kovacs asked if the City gave Airco/Linny
permission to make loud, excessive noise.
President Donchez asked Darlene Heller, Director of Planning
and Zoning, and Randall Miller, Police Commissioner, to meet
with Mr. Kovacs after the Meeting.
Five Points – One Way Pairs; Loans to Businesses
Terry Meixell, 56 E. Goepp Street, affirmed he distributed
to the Members of Council a list of his concerns about the
Five Points One Way Pairing traffic plan, and awaits the answers.
Mr. Meixell, focusing on low interest loans to businesses,
noted Four Star Construction Company went bankrupt and received
approximately $100,000 in low interest loans, and Mr. Pektor
who received low interest loans is close to foreclosure on
two of his properties. Mr. Meixell asked if the City is protected
so that the taxpayers will not have to foot the bills if the
loans go into default.
Mayor Callahan replied that over the years there have been
defaults but surprisingly few. Mayor Callahan advised that
typically the City would provide gap financing after a business
owner has obtained a bank loan but is not the primary financing
entity for a project. Mayor Callahan observed that businesses
such as restaurants or others who may be starting out with
no track record would take advantage of the City’s program.
Consequently, in an effort to promote more business and small
entrepreneurship, the City will extend itself more than a
bank would. Mayor Callahan continued on to say the City has
strong downtowns on both the North and South Sides. Mayor
Callahan, explaining that each loan is different, exemplified
that if a restaurant went bankrupt then the City could sell
the restaurant equipment. The City has partnered with six
area banks that each contribute $100,000 annually into a revolving
loan pool into which the City also puts $100,000 through the
CDBG or other programs, and all the banks would share the
risk of a default. The applicants must appear before the loan
committee to be approved for financing.
Noise and Air Pollution from Industrial Businesses –
Yeates Street Area
Bruce Kovacs, 703 Yeates Street, expressed he wants a place
for his family to live where it is healthy and they can at
least sleep. Mr. Kovacs informed the assembly that in the
1930’s-1940’s his father built their house at
the southeast corner of Stefko Boulevard and Pembroke Road
where there are about 30 homes. Afterwards, no more homes
were built, and the City zoned the area Light Industrial,
so that the homes were surrounded by light industrial companies.
Mr. Kovacs, affirming there is noise in the area, pointed
out the Police are called but when they show up they explain
they cannot do anything about it. Mr. Kovacs, continuing on
to say numerous messages have been left at the Mayor’s
office, said at one point he left a message at 4:00 a.m. after
he had been woken up by a blast. Referring to Zoning Ordinance
Article 1316, Mr. Kovacs pointed out that 24 uses are listed
for the Light Industrial area, and at the end it states that
the uses will be conducted without creating nuisance conditions
beyond the limits of its lots by reason of emission of smoke,
dust, odor, and other air pollutants, noise, vibration, and
so on. Mr. Kovacs notified the Members that another concrete
business was permitted behind Andy’s Auto Body, and
concrete and asphalt are ground up in the middle of a field
and go into the air. He read further from the Zoning Ordinance
that manufacture, storage or distribution of asphalt or cement
is not allowed. He noted that in a residential area 60 decibels
of noise is allowed during the day and in Light Industrial
75 decibels is allowed. Mr. Kovacs also read from Codified
Ordinance Article 717, Noise, and questioned how many times
and for how many years must he come before City officials
concerning this matter, highlighting the City’s laws,
and questioning when will the City start requiring the businesses
to abide by the laws. Mr. Kovacs explained the blast is as
loud as a 747 jet at the front door and the windows of his
house, located 400 yards away from the business, vibrate.
President Donchez asked the Administration to review these
matters that have gone back a number of years.
James Kovacs advised that a meter reading was taken and
it was stated the amount of noise was illegal but no one is
pursuing it any further. Mr. Kovacs communicated that a Police
Officer suggested they come before City Council. Mr. Kovacs
notified the Members that Bethlehem Precast put in footers
before they received approval, they were restricted from manufacturing
concrete but yet they are manufacturing concrete, and questioned
who gave them permission. Mr. Kovacs highlighted the fact
that there are a lot of residences in the area, but it seems
that the businesses get more than the residents do.
Broughal School – Demolition; Comprehensive Plan
Bill Scheirer, 1890 Eaton Avenue, said it sounds like there
is a lack of enforcement in the situation related by the Kovacs.
Mr. Scheirer expressed even though the demolition permit for
Broughal Middle School is still valid he cannot believe there
is no redress. Mr. Scheirer said that Council has refused
to act on this matter, and thought that Council has the power
to say this is not a good idea and not allow it to happen.
Mr. Scheirer, pointing out that some have advised these are
school matters, recalled that the School District has to follow
the rules that everyone else follows. Mr. Scheirer highlighted
the fact that the City of Hazleton took the school district
to court and said that the high school should not be torn
down and the City of Hazleton prevailed. Mr. Scheirer wondered
if Broughal would be so vulnerable if it were on the North
Side. Turning to the Comprehensive Plan, Mr. Scheirer said
the action taken tonight has undermined the Plan. Mr. Scheirer
thought the City will be in a similar situation as with the
1991 Plan since it was stated that the Plan is a working document.
Various Issues
Dana Grubb, 2420 Henderson Place, asks who makes the decision
on who will be the EIT collection agency for the County. Mayor
Callahan noted that a board will make the decision. Mr. Grubb
said that generally Comprehensive Plans sit on shelves and
are taken out when convenient. Mr. Grubb stated that the Zoning
Ordinance amendments will be the key and will give the Comprehensive
Plan teeth. Mr. Grubb expressed the hope that a number of
the projects on the list of $95 million of shovel ready projects
submitted by the City under the Federal economic stimulus
plan are accomplished. Mr. Grubb thought that the Stefko Drainage
Swale and Monocacy Creek Stabilization in Illick’s Mill
Park should have been included.
Eddie Rodriquez, 1845 Linden Street, said he does not like
to see children at the cardboard crusher area at the Recycling
Center. Mr. Rodriquez thanked various City officials for their
assistance at the Yosko Park and Illick’s Mill areas.
Mr. Rodriquez stated that trash around the South Side is increasing
and drug use is worse than ever. He asked that the Police
be more responsive and respectful when taking calls. Mr. Rodriquez
stressed that a community center is desperately needed for
youth, with competitive sports, and education in the arts.
Mr. Rodriquez highlighted the fact that approximately 200
people signed a petition in opposition to the Five Points
One Way Pairs proposal and still the project is moving ahead.
He advised that lights and trees are being damaged throughout
the City that are located close to corners being damaged by
trucks and the debris is in the streets. Mr. Rodriquez noted
the Borderline restaurant bought trees that are being sold
at a discount and asked that City officials contact the restaurant
regarding the City’s purchase of some trees. Mr. Rodriquez
said recycling containers are not being picked up on a timely
basis.
Comprehensive Plan
Stephen Antalics, 737 Ridge Street, commented that the Comprehensive
Plan is a wish list that can be pulled off the shelf or ignored
while the Zoning Ordinance has teeth because it can be enforced.
Mr. Antalics did not understand how the Comprehensive Plan
could have been approved before the Zoning Ordinance amendments,
and thought that Council should not have approved the Comprehensive
Plan before the revision of the Zoning Ordinance. Mr. Antalics
asserted that problems will continue until the Zoning Ordinance
is amended and enforced. He thought there is a tremendous
problem with chronology and priorities to have an old Zoning
Ordinance that allows variances and misuse of properties,
and yet pass the Comprehensive Plan first.
Mr. Schweder, recounting the matter has been discussed for
years and that he has pushed for the updating of the Zoning
Ordinance for years, highlighted the fact that the Department
advised that changes in the Zoning laws would not be pursued
until there was a new Comprehensive Plan. Mr. Schweder, while
affirming to Mr. Antalics it did not make sense to him to
proceed in that manner, explained he voted in favor of the
Comprehensive Plan tonight because now the Zoning Ordinance
can be reviewed. Mr. Schweder stated that he looks forward
to the opportunity to review revisions to the Zoning Ordinance
now that the Comprehensive Plan has been adopted. Mr. Schweder
restated that Council was told the order in which the Comprehensive
Plan and the Zoning Ordinance revisions would be taken up.
The meeting was adjourned at 9:10 p.m.
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