Council MInutes

June 15, 2010

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, June 15, 2010 – 7:00 PM

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

President Robert J. Donchez called the meeting to order. Reverend Dwight Mikesell, of Calvary Wesleyan Church, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, David T. DiGiacinto, Karen Dolan, Eric R. Evans, Gordon B. Mowrer, J. William Reynolds, and Robert J. Donchez, 7.

4. APPROVAL OF MINUTES

The Minutes of June 1, 2010 were approved.

5. COURTESY OF THE FLOOR (for public comment on Ordinances and Resolutions to be voted on by Council this evening – 5 Minute Time Limit)

Street Renaming Request – Founders Way to SteelStacks Boulevard

Lance Metz, 37 N. West Street, Allentown, noted he is a board member of the South Bethlehem Historical Society, and a member of the Steelworkers Archives. Advising that he has been studying Bethlehem Steel Corporation for 30 years, Mr. Metz informed the assembly he is employed as the historian for the National Canal Museum in Easton that has one of the largest collections in the world on Bethlehem Steel. Remarking that Bethlehem’s future is in its past, Mr. Metz stressed that without the great achievements of the founders of Bethlehem Steel and its employees there would not be the City of Bethlehem that is here today. In the 1840’s Bethlehem was losing population, and when the iron works opened in 1862 the City began its development and grew to become world famous. Mr. Metz pointed out there would not have been St. Luke’s Hospital, the water system, Lehigh University, the library, and the capacity to defend America in four wars, had it not been for the engineers, business people, and workers who created and developed what became the greatest steel plant in the United States. Mr. Metz stressed it is not steel stacks but rather the iron-making portion of the Bethlehem Steel that had been in place since the 1860’s as the only one left in the United States, with five blast furnaces including the oldest one in the United States. Questioning why one cannot look at the past and honor it instead of always looking at the next thing, Mr. Metz asked why the achievements of people who made the sacrifices cannot be recognized. Mr. Metz explained that in 1899 when Lehigh University was broke and ready to close, Robert Sayre, who founded Bethlehem Steel, and E. G. Wilbur, Treasurer of Bethlehem Steel, secured the future of Lehigh University for a year with their own funds. He continued on to say that John Fritz’s entire fortune of $1.5 million was put into physical achievements in Bethlehem, including the Library and Fritz Lab at Lehigh University, and the Fritz Memorial Church. Mr. Metz queried why the present street name of Founders Way is being requested to be changed to SteelStacks Boulevard for the sake of entertainment, not for the sake of history, achievement, and greatness.

Peter DePietro, 1033 Tolstoy Street, Freemansburg, member of the Steelworkers Archives, said he worked at Bethlehem Steel for over 33 years and was also President of the Steelworkers Union. Mr. DePietro stated that he is in support of keeping the street name of Founders Way.

Lorraine Farrell, 911 Tolstoy Street, Freemansburg, member of the Steelworkers Archives, said she worked at Bethlehem Steel in the power house that supplied air to the blast furnaces that made iron, and remarked she never saw a steel stack. Ms. Farrell, stressing that nothing looking forward is ever going to replace it, said she hopes people can remember what built the Bethlehem Steel.

Frank Behum, 3753 Old Philadelphia Pike, pointing out that over 114,000 people worked at the Bethlehem Steel plant, remarked they built this City. Mr. Behum related that his family members came from Europe to Bethlehem in the late 1880’s. Mr. Behum informed the assembly that when he was in the Navy, everyone knew the name Bethlehem Steel. Mr. Behum remarked it is like an insult that he even has to address the matter. Mr. Behum, reading the letter that he sent to the Members of Council, advised that at the meeting of the Steelworkers Archives held on June 14, 2010 the members unanimously voted against changing the street name of Founders Way to SteelStacks Boulevard. He added that the members feel the name of Founders Way represents all those who made Bethlehem Steel the nation’s premier builder of America and the arms supplier of all nations seeking redress from repression. He continued on to read that only a group devoid of respect and having no knowledge of history would ever think of such a name change. It was questioned how one could forget the men and women who paid taxes to the City since 1857 for the sake of an organization who could just the same erect a sign directing people to their venue. Mr. Behum further read that this is the chance for Council Members to go down as champions or be recognized as people who just do not get it.

Jill Schennum, 122 Cemetery Road, member of the Steelworkers Archives, observed this is about more than simply a name change and is a symbolic statement about the City of Bethlehem and about the right to the City of the public. The South Bethlehem steelworks was the flagship site of Bethlehem Steel and was crucial in manufacturing many of the products that built U.S. military and economic strength. The site and the remaining structures have enormous local, national, and international historic significance. Adding that people’s lives in the Lehigh Valley were shaped through steel work, Ms. Schennum continued on to say that the employees, through the Union, changed steel work into a job that supported the growth of many businesses and organizations that continue to exist today. The rich history will provide a context for Arts Quest’s SteelStacks project that will reuse two of the Bethlehem Steel buildings. However, Ms. Schennum asserted that the public streets on the site should not reflect the brand of any one person’s project. She said that the street name should reflect the rich, valuable, and authentic history of the site, and the possibility of building a future that builds on that authentic history rather than attempting to erase it.

Mike Pron, 743 Mt. Airy Avenue, said he worked at the Bethlehem Steel for over 35 years and expressed that it is improper to change the name of the street at this time. Mr. Pron added that he does not think it is right and he does not think it is fair.

CDBG Funding – Main Street Parking Improvements

Marsha Fritz, 818 W. Market Street, member of the Historic and Architectural Review Board (HARB), expressed her concern about the use of CDBG funds at the area of the Smithy on the Colonial Industrial Quarter. She affirmed that the HARB was presented with a plan to add nine parking spaces to Main Street, and construction of a retaining wall parallel to Main Street within 38 to 50 feet of the east wall of the Smithy. Ms. Fritz pointed out that in Moravian times there was an active effort to create a unity between the Colonial Industrial Quarter and the Moravian Church and buildings at the top of the hill. In the case of the parking plan, this connection would be disrupted by a long wall. The result of the wall will be to provide only nine additional parking spaces, and the cost will be in the vicinity of $300,000 a part of which is CDBG funds or about $30,000 per parking space. Continuing on to explain that the project will use materials that are incompatible with the Colonial Industrial Quarter, Ms. Fritz expressed the belief that the structure will be a disruption. Ms. Fritz asked City Council to consider carefully this plan while discussing the use of the CDBG funds.

Nancy Shelly, 45 Wall Street, a member of the Historic and Architectural Review Board for four terms, said her first concern is that HARB members are charged with the job of not only following the rules of the State and Department of the Interior but that the members interpret those rules correctly and justify them in making decisions. Communicating that the HARB is being put in the position of having to defend a series of choices on which they were never permitted to comment, Ms. Shelly observed that when residents come before the HARB to make changes to their homes and ask to use certain materials they will need to be told they cannot use those materials although other materials were used for this project on Main Street. Ms. Shelly asked that the HARB not be put in that position and of doing damage to what is a most beautiful and historic downtown, and to take very seriously the possibility that Bethlehem may be one of the first world heritage sites to be recognized by the Smithsonian.

Dana Grubb, 2420 Henderson Place, pointed out that his concerns regarding CDBG fundability issues were not meant to derail the project but that his concerns center on the project’s ability to meet HUD statutory criteria. Mr. Grubb said, based on answers to his questions at the June 1, 2010 Public Hearing and subsequent media statements, he is even more concerned that the City’s methodology for justifying low/moderate income is faulted and will result in future repayment liability once HUD monitors the activity. Mr. Grubb did not see evidence that the residents who live above the stores and offices along Main Street have been counted or surveyed to ensure 51% are low/moderate income. Mr. Grubb added that the proposed spaces are not even being designated for the residents’ use. Mr. Grubb pointed out additional claims are that it is being done to benefit the businesses, yet no analysis of job creation or retention has been done. Mr. Grubb remarked this situation would result in the City owing HUD $75,000 on its letter of credit. Mr. Grubb, stating there is a way to address this matter, commented that historic preservation is an eligible CDBG activity. Mr. Grubb exemplified that the Illick’s Mill project received $90,000 in CDBG funds in order to make the renovated Mill ADA compliant by installing an elevator, and ADA compliant bathroom, door hardware and ramps. Under the presumed benefit provision, HUD automatically presumes that 51% of people with disabilities are considered low and moderate income. Using this approach would allow the City to use CDBG money for the parking spaces. Mr. Grubb recommended that two handicapped parking spaces be included in the nine planned for the project. Mr. Grubb encouraged City Council to authorize the reprogramming of the CDBG funding as long as the Administration agrees to provide two handicapped spaces that would also free up an already designated handicapped parking space across from Hotel Bethlehem.

Street Renaming Request – Founders Way to SteelStacks Boulevard

Turning to the renaming of Founders Way, Mr. Grubb said unless the legacy of Bethlehem Steel Corporation is honored and respected it will fade over time. Mr. Grubb, communicating that the local role of Bethlehem Steel that provided a standard of living and other opportunities for hundreds of thousands of people should never be forgotten, noted the City and the Lehigh Valley would be a vastly different place if the Bethlehem Steel never existed. He continued on to point out that Bethlehem Steel’s contributions altered the course of America’s growth and greatly aided the military strength that preserved the freedoms enjoyed today. Mr. Grubb felt that compromises are possible through the renaming of First and Second Streets. Mr. Grubb urged Council to take the appropriate steps to ensure that residents and visitors to the site never forget Bethlehem Steel’s presence in Bethlehem.

Robert Pfenning, 2830 Linden Street, observed that both the Sands Casino and the SteelStacks project are tourist destinations and bring people to Bethlehem. Mr. Pfenning enumerated that the differences are that the Sands bought the land for the casino with private funds while ArtsQuest had the land for SteelStacks given to them by the Sands. Sands used their own private funds to build their internal road system and named one of the roads Sands Boulevard, while ArtsQuest asks for a publicly funded TIF project to be renamed. Sands built their own parking structure and surface parking but the SteelStacks project is waiting for the TIF funds to have their parking spaces built with public funds. The Sands Casino generates over $9 million in Host Fees to the City’s General Fund but SteelStacks has no direct cash contribution to the General Fund. The Sands is a taxpayer but SteelStacks will not pay real estate taxes, and yet both organizations expect the same 911 response, snow and ice removal. Mr. Pfenning, recalling that when the TIF was adopted 10 years ago the centerpiece was the National Museum of Industrial History, pointed out a decision was made that it would be better to replace the centerpiece with an amenity to attract and keep the best and brightest in the Lehigh Valley. Mr. Pfenning expressed the hope that Council will find some way as a compromise to recognize the input received and the heritage of the site as the streets are named.

Stephen Antalics, 737 Ridge Street, stressed that the history of Bethlehem includes Bethlehem Steel Corporation, its founders, and its workers. Mr. Antalics observed that the revision is to change what is, what happened, and what is historically accurate to something new and different. He continued on to communicate that Founders Way would be better called Steelworkers Way and would honor the workers and the history. Mr. Antalics remarked that the only one person who has supported the name of SteelStacks Boulevard is the requester. Mr. Antalics stressed the issue is what is respectful for the history of Bethlehem in terms of what Bethlehem was founded on and who built the City. Mr. Antalics asserted that if City Council renames Founders Way to SteelStacks Boulevard the Members are remiss in their obligation to the community.

Louise Valeriano, 3114 East Boulevard, noted that in her travels around the world with her sister, everyone recognized the name of the City of Bethlehem and associated it with Bethlehem Steel Corporation. Ms. Valeriano remarked that Bethlehem Steel Corporation made the City famous and important. Highlighting the importance of the name of Bethlehem in Palestine that is still being honored 2,000 years later, Ms. Valeriano questioned why Bethlehem Steel cannot be honored for making the City important for 100 years. Ms. Valeriano stressed it was not only the executives who made Bethlehem Steel what it was but the workers who sweated and toiled in the mills. Ms. Valeriano stated that Founders Way means all of those people involved with Bethlehem Steel, and who made this City. Ms. Valeriano expressed the wish that the people who do not want the street name changed will be considered, and that a way will be found to make an accommodation that will give them the respect and honor they deserve. Ms. Valeriano wondered whether the Resolution could be tabled for further thought and input on the matter.

Bill Scheirer, 1890 Eaton Avenue, commented that he would like to second almost everything that was said so far. While acknowledging that to a small degree it might make it a little easier to find SteelStacks, Mr. Scheirer highlighted the fact that street signs are not very big and he does not feel it is sufficient justification for the name change. Mr. Scheirer communicated that the implication regarding the street name change is territorial.

Carol Ann Krasley, Center Street, noted that she was employed by Bethlehem Steel for over 21 years, and commented it was a community within the community of Bethlehem. Mrs. Krasley highlighted the fact that Bethlehem Steel provided an ample livelihood that allowed people for several generations to achieve a residence, a vehicle, and many other things. Mrs. Krasley asked the Members of Council to continue to honor and remember those who have made the City and its families.

Steelworkers Memorial

Ken Ziegenfuss, Jr., 1334 Livingston Street, President of the Steelworkers Archives, expressed his appreciation for comments that were made. Mr. Ziegenfuss asked that the name of Founders Way not be changed. Mr. Ziegenfuss added that the Steelworkers Memorial at Second and Northampton Streets is not in good condition.

President Donchez asked Ralph Carp, Director of Parks and Public Property, to look into the condition of the Steelworkers Memorial.

Street Renaming Request – Founders Way to SteelStacks Boulevard

Robert Cornelius, 222 E. Market Street, advised that about 7 years ago the head of ArtsQuest, along with others, including his wife, went to Germany to view the steel stacks in one of the towns, and that was the seed that started the idea of the SteelStacks project in Bethlehem. Mr. Cornelius, communicating that times change, expressed his opinion that the project should move forward.

Eddie Rodriquez, 1845 Linden Street, expressed that the original history of the site should be preserved and the name should be left the way it is. Mr. Rodriquez commented there are a lot of skateboarders in the vicinity of Second and Northampton Streets.

6. OLD BUSINESS.

A. Tabled Items

None.

B. Unfinished Business

1. Establishing Article 1716 – Landmarks and Properties of Historical Interest
(Assigned to Preservation Plan Task Force)

C. Old Business – Members of Council

None.

7. COMMUNICATIONS

A. Intermunicipal Liquor License Transfer Request – Big Woody’s Pizza and Sports Bar

The Clerk read a letter dated June 4, 2010 from Joseph F. Leeson, Jr., Esq. representing Big Woody’s Pizza and Sports Bar Restaurants requesting approval for an Intermunicipal Transfer of Restaurant Liquor License No. R-19545 owned by Woodland Hills Golf Course, Inc., formerly licensed to conduct business at 4166 Lower Saucon Road, Lower Saucon Township, Northampton County, Pennsylvania to Big Woody’s Pizza and Sports Bar, 2625 Easton Avenue, Bethlehem, Northampton County, Pennsylvania.

President Donchez announced that a Public Hearing will be scheduled at the July 6, 2010 City Council Meeting at 7:00 PM in Town Hall.

8. REPORTS

A. President of Council

None.

B. Mayor

1. Citizens’ Academy Graduate Recognition

Mayor Callahan recognized the Citizens’ Academy Graduates: Clinton D. Aungst, Cathy Barrett, Robert Cornelius, Amanda Daja, David A. Dorward, Theresa Friedemann, Marsha L. Fritz, Christine Johnson, James MacGregor Halleman, Alessandra K. MacGrew, Tina Salgado, Lori Sysak, Clinton B. Walker, and Joseph Weber.

Mayor Callahan explained one of the purposes of the Citizens’ Academy is to create the next generation of volunteers, community leaders, and candidates for boards and commissions throughout the City. Mayor Callahan introduced members of the 2009 inaugural class of the Citizens Academy and advised the class has donated a gift of a park bench to the City, and an alumni class has been formed. Mayor Callahan, advising there will be Citizens’ Academy classes in the future, communicated that notification of the class is being circulated. Mayor Callahan thanked the citizens for giving back to the community.

President Donchez congratulated the graduates, and noted the importance of having people involved in such activities.

C. Public Works Committee

Jean Belinski, Chairwoman of the Public Works Committee, gave an oral report of the Committee’s meeting held on Tuesday, June 8, 2010 at 6:00 PM in Town Hall on the following subjects: Communications Site Lease Agreement – MetroPCS Pennsylvania, LLC – 248 Garrison Street; and Renaming Founders Way to SteelStacks Boulevard.

D. Public Safety Committee

David DiGiacinto, Chairman of the Public Safety Committee, gave an oral report of the Committee’s meeting held this evening at 6:15 PM in the Mayor’s Conference Room prior to the City Council Meeting on the following subjects: Amending Article 531 – Parking Generally; and Amending Article 533 – Parking Meters.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 17 – 2010 – Amending Community Development Budget – HUD Allocation and Reprogramming of Funds

The Clerk read Bill No. 17 - 2010 – Amending Community Development Budget – HUD Allocation and Reprogramming of Funds, sponsored by Mr. Reynolds and Mr. DiGiacinto, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE COMMUNITY DEVELOPMENT BUDGET FOR
2010.

Mr. DiGiacinto recounted that he had questioned the financial worthiness and practicality of establishing the additional angle parking on Main Street. Mr. DiGiacinto advised that Fred Bonsall, Chairman of the HARB, explained the presentation that the HARB members received on the project. He further noted that Charlene Donchez-Mowers, Executive Director of the Historic Bethlehem Partnership, expressed concerns about the retaining wall. Mr. DiGiacinto advised he

has also spoken with Tony Hanna, Director of Community and Economic Development, and Stephen Nemes, Executive Director of the Parking Authority. While advising he will not stand in the way of moving the matter through on First Reading, Mr. DiGiacinto expressed the belief that the project should be reviewed prior to Final Reading. Mr. DiGiacinto thought that perhaps the South Main Street project grant monies from the Parking Authority could be utilized towards the project, along with CDBG funds if the project qualifies, and handicapped parking spaces should be considered, as well as removing a handicapped parking space across from the Hotel Bethlehem. Communicating that the wall is an issue based on the construction, Mr. DiGiacinto observed there have been suggestions by members of the HARB and others on remediating that issue. Mr. DiGiacinto stated he would want all those things to be considered before the project is initiated.

Ms. Dolan, stating she would second Mr. DiGiacinto’s comments, said she does not want to hold up the matter at this point. Ms. Dolan recommended that the plans be reviewed and explained. Ms. Dolan pointed out that in the Historic Parking Feasibility Study dated March 2009 recommendations were prioritized. Noting that the first was way-finding signage to the existing parking structures, Ms. Dolan noted that still needs to be addressed. Turning to the second recommendation, Ms. Dolan thought a lot could be done to increase the Park and Shop advertising program to encourage people to utilize the parking structures. Affirming that, as was contained in the recommendations, angle parking was installed last year in front of the Moravian Book Shop on Main Street, and parking was also added on the Broad Street Bridge, Ms. Dolan wondered whether the possibility of establishing parking on the Route 378 bridge ramp was considered. Ms. Dolan communicated she does not want to see the Bill move forward following First Reading until the handicapped parking issue has been handled, there is an answer regarding parking on the Route 378 bridge ramp, and the plans for the bump-out and retaining wall at the Smithy are seen.

President Donchez noted that a memorandum will be forwarded to the Administration with Council’s questions and concerns. President Donchez requested that the Administration provide a copy of the plans to the City Clerk’s Office.

Mayor Callahan noted it was an inexpensive project to put parking on the Broad Street bridge where there was a demand near the downtown. Mayor Callahan, affirming that although the parking plan did look at the possibility of parking at the Route 378 bridge ramp, highlighted the fact that there are unique issues associated with the area such as the jersey barrier. He added that the spaces would not be as close to the downtown. Mayor Callahan advised that he has asked Michael Alkhal, Director of Public Works, to evaluate the matter. Denoting that the biggest demand for parking in the downtown is for on-street spaces on Main Street, and the deck behind Main Street Commons, Mayor Callahan pointed out the biggest deficit of parking is on the southern end of Main Street. Acknowledging the higher cost per space, Mayor Callahan observed it is because the parking is being placed in one of the more sensitive historic areas in the City. Mayor Callahan confirmed that the plans have been reviewed by Charlene Donchez-Mowers of the Historic Bethlehem Partnership and this is the first he is hearing of those concerns. Mayor Callahan added the plans are supported by Hotel Bethlehem, Moravian College, Moravian Church, and the Moravian Book Shop that has been adamant over the years about the importance of meeting parking needs. Mayor Callahan, explaining it is as much a beautification project as it is a parking project, said there will be mature trees, Victorian lighting, a lookout area, and drainage issues will be addressed. Mayor Callahan communicated that the City’s CDBG consultants as well as Ms. Woodward feel confident about the eligibility of the use of CDBG funds. Mayor Callahan added, however, that if Council would prefer to require two of the nine spaces to be handicapped parking spaces it would make a lot of sense to have handicapped parking close to the Hotel Bethlehem, and he would have no issue with that. Mayor Callahan stated it was always the Administration’s intention to seek reimbursement from the State through the Parking Authority that would cut the cost of the project in half.

President Donchez agreed that the handicapped parking spaces should be pursued.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 17 – 2010 was declared passed on First Reading.

B. Bill No. 18 – 2010 – Amending Article 531 – Parking Generally

The Clerk read Bill No. 18 – 2010 – Amending Article 531 – Parking Generally, sponsored by Mr. Evans and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 531 OF THE CODIFIED ORDINANCE
ENTITLED PARKING GENERALLY.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 18 – 2010 was declared passed on First Reading.

C. Bill No. 19 – 2010 – Amending Article 533 – Parking Meters

The Clerk read Bill No. 19 – 2010 – Amending Article 533 – Parking Meters, sponsored by
Mr. Evans and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 533 OF THE CODIFIED ORDINANCES
ENTITLED PARKING METERS.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 19 – 2010 was declared passed on First Reading.

11. RESOLUTIONS

A. Denying Intermunicipal Liquor License Transfer Request – Steel Mill Grill and Bar, LLC

Mr. Evans and Ms. Dolan sponsored Resolution No. 2010-83 that disapproved the Intermunicipal Transfer of Restaurant Liquor License No. R-19674 owned by My Little Gypsy Rose, Inc., formerly licensed to conduct business at 1600 North Delaware Drive, Forks Township, Northampton County, Pennsylvania to Steel Mill Grill & Bar, LLC located at 322 Third Street, Bethlehem, Northampton County, Pennsylvania. The applicant, or any representative of applicant, failed to appear at the scheduled and advertised June 1, 2010 public hearing before Bethlehem City Council.

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

B. Authorizing Communications Site Lease Agreement – Metro PCS Pennsylvania – 248 Garrison Street

Ms. Dolan and Mrs. Belinski sponsored Resolution No. 2010-84 that authorized the execution of the Communications Site Lease Agreement between the City of Bethlehem and Metro PCS Pennsylvania, LLC, for the purpose of installing and/or operating radio communications equipment on the tower located at 248 East Garrison Street, according to the Agreement.

Mr. Reynolds affirmed that the communications tower is already in place and antennas would be added to the existing tower rather than erecting a new tower.

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

C. Street Renaming – Founders Way to SteelStacks Boulevard

Ms. Dolan and Mr. Reynolds sponsored Resolution 11 C to change the name of Founders Way to SteelStacks Boulevard, as requested by ArtsQuest, which is the main access to the ArtsQuest Center, Festival Center and Festival Plaza, and other areas to be used by ArtsQuest for festivals, concerts, public events, and educational activities. Sands BethWorks Retail, LLC, the other owner of property on Founders Way situated in the Fifth Ward, between First Street and Third Street, consented to the name change to SteelStacks Boulevard.

Mr. Evans notified the assembly that he visited the site and thought of possible ways to commemorate the past use of land by Bethlehem Steel as well as celebrating the present and future use and development by SteelStacks, National Museum of Industrial History, PBS-39 and other venues. Noting that he spoke and listened to many people, Mr. Evans observed there is public discontent with the proposal as presented. Mr. Evans thought that a compromise could be reached. Mr. Evans enumerated that the streets in the area are First Street, Second Street, and Founders Way. Mr. Evans proposed keeping Founders Way, or changing the name to Bethlehem Steel Way, to preserve the legacy of Bethlehem Steel Corporation; change Second Street that leads to the National Museum of Industrial History to Steelworkers Way; and change First Street that covers much of the area that will be the site of SteelStacks to SteelStacks Boulevard. Mr. Evans expressed the belief that this proposal would appropriately honor the past and celebrate the future of the site. Mr. Evans, reciting the requirements to change the name of a street, commented that the change in land use is being met, but the approval of the abutting property owners would not allow his proposal to be considered this evening. Pointing out that the projects will not be open for another year, Mr. Evans communicated it is not imperative to solve the issue tonight. Mr. Evans said he would ask that the Resolution be tabled so that parties involved can consider the options. He added there are also more streets that will be coming and should be considered in the discussions.

Ms. Dolan, commenting that she would also like the Resolution to be tabled and the matter studied in a more comprehensive way, noted it should be kept in mind that widths of streets and ways are different. Ms. Dolan, advising that she read the referenced essay on the history of steel, communicated that founders and workers are not the same and lumping them together is to dishonor the workers. Ms. Dolan did not believe that Founders Way or SteelStacks Boulevard adequately honors the history of Bethlehem Steel, or the Union workers. Ms. Dolan, observing that people are saying they want Council to honor Bethlehem Steel, thought that people also want the SteelStacks project. She added that union steelworkers guided the I-beam for the project into place. Ms. Dolan clarified that Founders Way is not a historical road and was built relatively recently to accommodate non-profit industries including the National Museum of Industrial History, Steelworkers Archives, in addition to retail and entertainment. Ms. Dolan did not believe that the name Founders Way resonates with that development or this one. Ms. Dolan thought that a better job could be done of honoring Bethlehem Steel overall, and commented that she would support looking at the matter further to come up with a more balanced way to rename the streets. Ms. Dolan, pointing out there may be changes, stated she would want Council to do this once if possible rather than having to go back to property owners for their agreement every time a name change is requested. Ms. Dolan commented that the matter is about more than the leaders, executives, and founders, and is also about the steelworkers, community, and support system. Ms. Dolan remarked that City Council has to equally support the future, and jobs for the community.

Mr. Mowrer communicated that he appreciates the comments that have been made regarding the matter. Mr. Mowrer noted that everyone he has talked to has a different idea, and he would have no problem in moving the matter forward in the way Council sees fit.

Mr. Reynolds thought that Mr. Evans’ idea about possibly renaming First and Second Streets and considering different ways to honor the history is worthy of consideration and would need to go through the Committee process. Mr. Reynolds, while acknowledging that the legacy of Bethlehem Steel certainly has brought the City much of what is cherished, observed there are more ways to honor that past, rich tradition, and all the work and sacrifices of people. Mr. Reynolds stated that when Founders Way was named he probably would have had other suggestions to honor the history of Bethlehem Steel. Mr. Reynolds thought a decision should be made tonight on changing the name of Founders Way to SteelStacks Boulevard, and in the future Mr. Evans’ idea can be reviewed.

President Donchez, stating he will support the motion to table the Resolution, thought Ms. Dolan raised good issues in that if the names of First Street, Second Street, or other streets are to be considered to be changed it should be done now as one question rather than revisiting the issue again in a year or two years as more of the site is developed. President Donchez noted that the matter should be reviewed with the Community and Economic Development Department and the property owners. President Donchez highlighted the fact that the Bethlehem Steel Corporation has contributed to the rich history of the City of Bethlehem and to the United States. Continuing on to observe that one also has to look towards the future, President Donchez expressed that in his mind BethWorks has always been a blend of the old and the future. President Donchez pointed out that, when Bethlehem Steel closed, the company officials could have left all the buildings there but they instead made the effort to raze the buildings and develop the site. President Donchez suggested that the motion could be to table the Resolution for review of the matter with a report coming back to City Council.

Ms. Dolan, observing that property owners have not contacted the City regarding the renaming of First and Second Streets, questioned how the process would proceed.

Attorney Spadoni noted that Resolution 12,787 indicates that there are alternative ways to rename a street. Attorney Spadoni further indicated that since there is a major change in land use a street name change would be warranted under that phrase.

Tabling Resolution 11 C - Street Renaming – Founders Way to SteelStacks Boulevard

Mr. Evans moved that Resolution 11 C be tabled for further consideration. Mrs. Belinski seconded the motion. Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, and Mr. Donchez, 6. Voting NAY: Mr. Reynolds, 1. The motion passed.

Motion – Considering Resolutions as a Group

Mr. Reynolds and Mr. Evans moved to consider Resolutions 11 D through 11 L as a group.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. The motion passed.

D. Certificate of Appropriateness – 472 Main Street

Mr. Evans and Ms. Dolan sponsored Resolution No. 2010-85 that granted a Certificate of Appropriateness to locate tables and chairs on the sidewalk in the public right-of-way for outdoor dining at 472 Main Street.

E. Certificate of Appropriateness – 500 Main Street

Mr. Evans and Ms. Dolan sponsored Resolution No. 2010-86 that granted a Certificate of Appropriateness to locate tables and chairs on the sidewalk in the public right-of-way for outdoor dining at 500 Main Street (on the Market Street sidewalk).

F. Certificate of Appropriateness – 553 Main Street

Mr. Evans and Ms. Dolan sponsored Resolution No. 2010-87 that granted a Certificate of Appropriateness to locate tables and chairs on the sidewalk in the public right-of-way for outdoor dining at 553 Main Street.

G. Certificate of Appropriateness – 524 N. New Street

Mr. Evans and Ms. Dolan sponsored Resolution No. 2010-88 that granted a Certificate of Appropriateness to restore the exterior masonry, replace or restore windows, replace doors and install new signage with lighting at 524 North New Street.

H. Certificate of Appropriateness – 95 W. Church Street

Mr. Evans and Ms. Dolan sponsored Resolution No. 2010-89 that granted a Certificate of Appropriateness to re-roof, insulate and repair masonry, install new doors and re-glaze windows at Payne Gallery, 95 West Church Street.

Mr. Reynolds asked if the proposal was approved. Ms. Dolan pointed out that in the first paragraph of the findings it does state that the Board adopted the proposal, and the Resolution also states that a Certificate of Appropriateness is granted for the proposal. Attorney Spadoni, observing that all of the other Certificates of Appropriateness before City Council tonight stated that the proposed work was approved by unanimous vote of the HARB, communicated that the Resolution could be tabled for verification.

Mr. Evans moved that Resolution 11 H be tabled for further consideration. Mrs. Belinski seconded the motion. Voting AYE: Mrs. Belinski, Mr. DiGiacinto, and Mr. Evans, 3. Voting NAY: Ms. Dolan, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 4. The motion to table failed.

I. Certificate of Appropriateness – 415 N. New Street

Mr. Evans and Ms. Dolan sponsored Resolution No. 2010-90 that granted a Certificate of Appropriateness to build a one-story addition on the south side of the house on 415 North New Street.

J. Certificate of Appropriateness – 515 Main Street

Mr. Evans and Ms. Dolan sponsored Resolution No. 2010-91 that granted a Certificate of Appropriateness to replace fixed glass storefront with retractable windows, install awning with signage and lighting and repaint exterior trim at 515 Main Street.

K. Certificate of Appropriateness – 456 N. New Street

Mr. Evans and Ms. Dolan sponsored Resolution No. 2010-92 that granted a Certificate of Appropriateness to replace a fence and gates at the alley located behind the house at 456 North New Street.

L. Certificate of Appropriateness – 254 E. Wall Street

Mr. Evans and Ms. Dolan sponsored Resolution No. 2010-93 that granted a Certificate of Appropriateness to re-roof the house at 254 East Wall Street.

Voting AYE on Resolutions 11 D through 11 L: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. The Resolutions passed.

Tabled at June 1, 2010 City Council Meeting:

M. Administrative Order – William Fitzpatrick – Zoning Hearing Board

Mr. DiGiacinto moved to take Resolution 11 M from the Table. Ms. Dolan seconded the motion. Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. The motion passed.

Mr. Evans and Mr. DiGiacinto sponsored Resolution 2010-94 reappointing William Fitzpatrick to the Zoning Hearing Board effective until June 2013.

Ms. Dolan explained she wanted to have the Resolution tabled in order to look at appointments to the Zoning Hearing Board overall, and was not specific toward any particular member. Ms. Dolan recalled that about a year ago there were discussions about increasing the number of members on the Zoning Hearing Board from three members to five members. Ms. Dolan noted that she was contacted by two individuals interested in serving on the Zoning Hearing Board. Ms. Dolan notified the Members that she will present a proposed amendment to increase the number of members on the Zoning Hearing Board from three members to five members, as is contained in the proposed new Zoning Ordinance.

President Donchez affirmed it was about a year and a half ago that he had asked that a survey be conducted to find out the number of members on the Zoning Hearing Boards of other cities. President Donchez noted several cities had five members and two alternates, and expressed it is important to expand the size of the Zoning Hearing Board. President Donchez advised it was thought at the time that when the proposed new Zoning Ordinance was presented to City Council an increase in the number of members of the Zoning Hearing Board would be considered. President Donchez expressed his support to consider the increase at this point.

Mr. Reynolds, commenting that Mr. Fitzpatrick is highly qualified, noted it is not easy to serve on the Board, and sometimes decisions are made with which people disagree. Mr. Reynolds communicated that the qualifications of individuals should be looked at, and added they have the responsibility of interpreting the Zoning Code.

Mr. DiGiacinto stated he would plan to propose a Resolution on behalf of City Council that resumes be solicited for vacancies on the various Authorities, Boards, and Commissions, and that the City Clerk’s office be the repository for resumes that are submitted by potential candidates.

Mr. Reynolds asked if City Council has any power to nominate people to the Zoning Hearing Board or Planning Commission.

President Donchez replied that City Council can make recommendations to the Mayor, but it is the Mayor’s responsibility to propose members to the Zoning Hearing Board and Planning Commission, and the Members of Council can approve or reject the nominees. President Donchez added that City Council has the ability to nominate members to the Recreation Commission and Library Board. President Donchez commented that the Zoning Hearing Board and the Planning Commission are some of the most difficult on which to serve. President Donchez advised that Mr. Fitzpatrick has an excellent attendance record, and takes his membership on the Zoning Hearing Board very seriously, and has served well.

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

12. NEW BUSINESS.

Proposed New Zoning Ordinance – Public Meetings

President Donchez commended the Administration for scheduling public meetings on the review of the proposed new Zoning Ordinance to receive public input. President Donchez noted that the proposed new Zoning Ordinance will then come to City Council for review.

13. COURTESY OF THE FLOOR

Street Renaming – Founders Way to SteelStacks Boulevard

Mary Pongracz, 321 W. Fourth Street, stated that the founders of the City were the Moravians in 1751 under the leadership of Count Zinzendorf, questioned how Founders Way honors Bethlehem Steel, and queried what is the reasoning behind the proposal. Ms. Pongracz wondered why the word Way is used instead of Street. Ms. Pongracz inquired why anyone has not thought about the most important thing that is the blast furnaces which are a standing remembrance of Bethlehem Steel and asked why that name has not been considered. Ms. Pongracz remarked on how the thoughts concerning the renaming have changed so quickly. Ms. Pongracz recalled that when the blast furnaces stopped people were not working and were poor.

Citizens Academy

Pat Ward, 3129 Beaufort Drive, noted she had contacted the Mayor’s office in the past about participating in the Citizens Academy that she saw on-line but there were no vacancies and no list. Ms. Ward asked how one becomes part of the Citizens Academy.

Proposed New Zoning Ordinance

Ms. Ward exemplified that if there is a commercial building in a non-conforming zone it goes by the regulations of the RR Residential zone rather than the commercial zone and the setback requirements are different. Ms. Ward said there is no ordinance for that in the proposed new Zoning Ordinance and that there should be setback requirements when there is a commercial building in an RR zone, and perhaps the neighbors would not be in court now. Ms. Ward added there is not a way to compare the current Zoning Ordinance with the proposed new Zoning Ordinance, and stated there should be a document that shows the differences. She asked if there is such a document.

President Donchez advised the matter will be checked and a response will be provided.

Ms. Ward, reading the intended purposes of zoning laws, said her experience with the Zoning Board is anything but that.

Elias Farmers Market

Sue Fang, 3218 Marchant Drive, thanked City Council, Attorney Spadoni and other citizens for their support in the matter of the appeal of the Zoning Hearing Board decision regarding the request of Elias Farmers Market. Advising she lives near the Elias Farmers Market, highlighted the fact that in this Residential District a large warehouse is being built and three loading docks that is 25 feet away from her fence. She appeared before the Zoning Hearing Board to object but the Zoning Hearing Board granted permission. Ms. Fang, communicating that people are trying to gain from the system and are more powerful than an ordinary citizen, stressed that the principles should be followed and people should follow the laws and regulations. Ms. Fang expressed how grateful she is that the Members of Council have listened to her and are trying to do the right thing. She also encouraged officials to balance the budget.


Various Issues

Eddie Rodriquez, 1845 Linden Street, observed there are rocks in the center of the Monocacy Creek area that are being removed by residents, and stressed it is a dangerous situation. Mr. Rodriquez said he has noticed vehicles illegally parked at hydrants and other areas that are not being ticketed, and added that he contacted a Police Officer concerning a vehicle involved in drug activity that was removed. He felt more attention should be paid to this issue. He thought that angle parking on Main Street could possibly make it more dangerous and congested. Mr. Rodriquez stated that another right turn lane should be installed at McDonalds at Route 378 South so that drivers could go into the left lane before approaching the traffic light to help alleviate congestion. He said a red light is being ignored at the Hill to Hill Bridge to go straight southbound, and requested that the red light be eliminated. Mr. Rodriquez commented that curbside trees are too high and top heavy, and some sidewalks are uprooted and dangerous for pedestrians and wheelchair accessibility. He explained it should be more level at the Bethlehem Transmission business. Mr. Rodriquez wanted more Police patrol at New Bethany Ministries and the parking lot in view of drug activity, and a camera installed at Pawnee and Dakotah Streets, and he added there is limited sidewalk walkability on Dakotah Street.

TIF – BethWorks

Robert Pfenning, 2830 Linden Street, thanked the Administration for providing him with the revenue information related to the Treasurer’s Escrow account. Mr. Pfenning assumed that the projects in the vicinity of the SteelStacks project will be funded with TIF funds. Mr. Pfenning said if the SteelStacks project was fully funded by private funds he would be in favor of it but he cannot support it if it is funded significantly by public funds in the form of the TIF. He observed that public funds will be limited and tight in the next ten years. Mr. Pfenning calculated that about $4 million annually will be diverted away from the three taxing authorities under the TIF bond. Mr. Pfenning felt strongly that necessities should be funded first before projects such as SteelStacks. Mr. Pfenning was not convinced that SteelStacks will encourage taxable development of the TIF district. Mr. Pfenning stressed there is less than 12 months before SteelStacks and PBS open and there is not yet adequate parking. Mr. Pfenning commented it is not clear to him if the TIF agreement requires the three taxing authorities to approve any new projects. Mr. Pfenning, noting that perhaps the project list will only have to be approved by the Redevelopment Authority, thought that a public discussion is needed.

Various Issues

Al Bernotas, 1004 Johnston Drive, pointed out that in New York City there is a place called Avenue of the Americas that is also Fifth Avenue, and thought that perhaps the same thing could be done with First or Second Street that would remain the same names and could also be called Steelworkers Way or Bethlehem Steel Way. Mr. Bernotas, referring to his comments at the last City Council Meeting, commented it is a good idea to increase the number of members of the Zoning Hearing Board to five in advance of the new Zoning Ordinance going into effect, have some diversity on the Board, and get resumes from interested citizens. Mr. Bernotas remarked that no matter how many members, the Zoning Hearing Board should follow the law as there seems to be a propensity to stretch the law. Mr. Bernotas exemplified that the Board allowed a house to face an alley in contradiction to the law. Regarding the Elias Farmers Market issue, Mr. Bernotas stated that by August 4 information regarding the appeal of the decision of the Zoning Hearing Board on the issue should be received. Mr. Bernotas notified the Members that the matter of the enforcement of existing Ordinances with regard to the intersection of Johnston Drive and Linden Street, and particularly with regard to Elias Farmers Market, will be coming to the forefront, and the Zoning Officer will be contacted first.

Parking Meters

Stephen Antalics, 737 Ridge Street, apologized for comments he had made in the past regarding extending the meters to 9:00 PM. Mr. Antalics explained he was at the Parking Authority offices last week and was informed that numerous complaints were received from restaurants located in buildings where there are second or third floor apartments. Residents park at the meters after 6:00 PM that restricts restaurant patrons from parking.

City Council Meetings – Live Broadcast

Thomas Carrell, 248 E. Union Boulevard, encouraged City Council to consider the idea of live broadcast and streaming of City Council meetings.
Various Issues

Bill Scheirer, 1890 Eaton Avenue, pointed out that there are no public hearings on the proposed Zoning Ordinance scheduled in West Bethlehem. Mr. Scheirer commented that the addition of the phrase notwithstanding any other provision of the law in Resolution 12,887 would take care of the matter of renaming of streets. Mr. Scheirer volunteered again to devise the methodology for rapidly reaching a consensus on street names. Mr. Scheirer related an occurrence on Sunday at 6:43 p.m. when a branch over 20 feet long broke and fell into the parking lane and street at the front of his house that he reported to the Communications Center. Mr. Scheirer, highlighting the fact that it took only 51 minutes until the branch was removed, pointed out that during that time span he encountered a considerate Dispatcher, three good Samaritans, and an efficient and considerate Police Officer.

Dana Grubb, 2420 Henderson Place, thought there are businesses on Main Street that would agree with using the Main Street ramp for parking. Mr. Grubb said he is glad to hear that increasing the number of members of the Zoning Hearing Board is being advanced, and thought it would make for a better review process. Mr. Grubb agreed it is extremely difficult to compare the current Zoning Ordinance with the proposed new Zoning Ordinance. Remarking that some changes are being recommended that were the result of some back door decisions made several years ago, Mr. Grubb pointed out that City Council had supported residents of the Easton Avenue area who did not want properties to be rezoned to Commercial. However, the proposed new Zoning Ordinance reverses that action. Mr. Grubb, expressing it is disturbing to hear that HARB feels slighted, stated that HARB has a significant role to play in the process involving the Main Street Parking Improvements project. Mr. Grubb said he is pleased with Mr. Evans’ proposal for street names in the BethWorks area and also felt it should be done all at once.

Louise Valeriano, 3114 East Boulevard, noted she is aware that a letter was sent by Tom Mohr, President of the South Bethlehem Historical Society, to the Members of Council concerning the renaming of Founders Way. Ms. Valeriano commented that the Moravians founded the City but did not develop it. Ms. Valeriano related how in the past Columbia Street on the South Side was made one way east in the morning so that the steelworkers could drive to the Bethlehem Steel Plant and avoid traffic tie-ups and also was made one way west in the late afternoon for employees leaving Bethlehem Steel. Ms. Valeriano thought perhaps there could be a contest for the renaming of Founders Way.

The meeting was adjourned at 9:50 p.m.