Council Minutes

May 17, 2006 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Wednesday, May 17, 2006 – 7:30 PM – Town Hall

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

President J. Michael Schweder called the meeting to order. Reverend Jennika Borger, Edgeboro Moravian Church, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Karen Dolan, Robert J. Donchez, Joseph F. Leeson, Jr., Gordon B. Mowrer, Magdalena F. Szabo, and J. Michael Schweder, 7.

4. APPROVAL OF MINUTES

The Minutes of May 2, 2006 were approved.

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

None.
6. OLD BUSINESS

None.
7. COMMUNICATIONS:
A. City Solicitor – Use Permit Agreement for Public Property – 2006 Borinquenfest

The Acting Clerk read a memorandum dated May 11, 2006 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed Use Permit Agreement for Public Property between the Puerto Rican Cultural Coalition of Bethlehem and the City for use of the area beneath the Hill-to-Hill Bridge for the 2006 Borinquenfest for the time period June 19, 2006 to June 29, 2006, according to the terms and conditions of the agreement.

President Schweder advised that the authorizing Resolution will be placed on the June 6 Agenda.

B. Assistant City Solicitor – Amendment No. 3 to Lease Agreement – Police Substation – 723 Center Street

The Acting Clerk read a memorandum dated May 11, 2006 from Joseph M. Kelly, Assistant City Solicitor, to which was attached a proposed Amendment No. 3 to Lease Agreement between Fred A. Achey and the City for lease by the City of 723 Center Street for a Police Substation in the amount of $310 per month, according to the terms and conditions of the agreement.

President Schweder advised that the authorizing Resolution will be placed on the June 6 Agenda.

8. REPORTS

A. President of Council

B. Mayor

1. Administrative Order – H. Dennis Christie – Fine Arts Commission

Dennis W. Reichard, Acting Mayor, read the Mayor's Administrative Order reappointing H. Dennis Christie to the Fine Arts Commission, effective until March 2009. Mr. Donchez and Ms. Szabo sponsored Resolution 14,837 to confirm the appointment.

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

Considering Resolutions as a Group

By unanimous consent, Resolutions 8B2 through 8B7 were considered as a group.

2. Administrative Order – Carol Dimopoulos – Fine Arts Commission

Dennis W. Reichard, Acting Mayor, read the Mayor's Administrative Order reappointing Carol Dimopoulos to the Fine Arts Commission, effective until May 2009. Mrs. Belinski and Ms. Szabo sponsored Resolution 14,838 to confirm the appointment.

3. Administrative Order – Sandra Gillen – Fine Arts Commission

Dennis W. Reichard, Acting Mayor, read the Mayor's Administrative Order reappointing Sandra Gillen to the Fine Arts Commission, effective until December 2008. Mr. Donchez and Mrs. Belinski sponsored Resolution 14,839 to confirm the appointment.

4. Administrative Order – Mari Girardot – Sister City Commission

Dennis W. Reichard, Acting Mayor, read the Mayor's Administrative Order reappointing Mari Girardot to the Sister City Commission, effective until April 2009. Mrs. Belinski and Mr. Mowrer sponsored Resolution 14,840 to confirm the appointment.

5. Administrative Order – Pete Ramos – Redevelopment Authority

Dennis W. Reichard, Acting Mayor, read the Mayor's Administrative Order reappointing Pete Ramos to the Redevelopment Authority, effective until March 2011. Mr. Donchez and Ms. Szabo sponsored Resolution 14,841 to confirm the appointment.

6. Administrative Order – Paul Reitmeir – Bethlehem Housing Authority

Dennis W. Reichard, Acting Mayor, read the Mayor's Administrative Order reappointing Paul Reitmeir to the Bethlehem Housing Authority, effective until May 2011. Mr. Donchez and Ms. Szabo sponsored Resolution 14,842 to confirm the appointment.

7. Administrative Order – Sharon Yoshida – Sister City Commission

Dennis W. Reichard, Acting Mayor, read the Mayor's Administrative Order reappointing Sharon Yoshida to the Sister City Commission, effective until March 2009. Mr. Donchez and Ms. Szabo sponsored Resolution 14,843 to confirm the appointment.

Ms. Dolan stated that although she does not know all of the appointees, she is Council's liaison to the Bethlehem Housing Authority and said that Paul Reitmeir is an outstanding member, works very hard as do all the other members, and is happy he is being reappointed.

Voting AYE on Resolutions 8B2 through 8B7: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolutions passed.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Amending EIT Rules and Regulations

Mrs. Belinski and Mr. Mowrer sponsored Resolution 14,844 that amended Section 201 of the Rules and Regulations for Tax on Earned Income and Net Profits, by the addition of paragraph (c) in Section 201, to read as follows:

Section 201. Persons Subject/Not Subject To Tax.

(c) non-residents of City of Bethlehem and Coterminous Taxing Districts, who are employed by a business located in City of Bethlehem but who do not report to said employer in City of Bethlehem and have no nexus with City of Bethlehem, are not subject to this tax.

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

B. Authorizing Records Destruction – Solicitor's Office

Mr. Donchez and Ms. Szabo sponsored Resolution 14,845 that authorized the disposition of the public records of the Solicitor'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. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution passed.

C. Approving Bethlehem Authority Land Sale to Lehigh County

Mr. Donchez and Mrs. Belinski sponsored Resolution 14,846 that approved the sale of approximately 123.3 acres of land in Salisbury Township by the Bethlehem Authority to Lehigh County, according to the terms and conditions of the Agreement.

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

D. Certificate of Appropriateness – 254 East Wall Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution 14,847 that denied a Certificate of Appropriate to retain the new six-panel wood front door that was installed without HARB review at 254 East Wall Street.

President Schweder explained that this Certificate of Appropriateness is for work that has already been done. HARB has asked Council to deny the Certificate which then would require the homeowner to return before HARB. He said if Council votes in the affirmative it would be to deny the work that has been done, but if there are Members of City Council who are interested in seeing that the door and the work done by the individual stays, Council would have to amend the Resolution from "deny" to "approve". President Schweder asked if there was a motion by anyone who wishes to keep it. There being none, he explained then that an affirmative vote would be to do what is requested by the HARB and deny the action that was taken by the homeowner.

Ms. Dolan questioned whether this would then go back to HARB for them to look at again. President Schweder responded that the homeowner would have to go back before the Board and the Board would have to come forward with a different recommendation or would work with the property owner to alter the door that is there. Ms. Dolan asked if that is if the denial is approved. President Schweder said that is correct.

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

Considering Resolutions 11E through 11H as a Group

Mr. Donchez and Ms. Dolan moved that Resolutions 11E through 11H be considered as a group. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The motion passed.

E. Certificate of Appropriateness – 402 North New Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution No. 14,848 that granted a Certificate of Appropriateness to relocate a detached garage and create 3 off-street parking spaces at 402 North New Street.

F. Certificate of Appropriateness – 443 Center Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution No. 14,849 that granted a Certificate of Appropriateness to replace the storm windows and paint the exterior trim at 443 Center Street.

G. Certificate of Appropriateness – 41 East Market Street

Mrs. Belinski and Mr. Mowrer sponsored Resolution No. 14,850 that granted a Certificate of Appropriateness to stucco the garage, paint both garages, and install fencing at 41 East Market Street.

H. Certificate of Appropriateness – 423 First Avenue

Mrs. Belinski and Mr. Mowrer sponsored Resolution No. 14,851 that granted a Certificate of Appropriateness to replace an existing 3' picket fence with a 4' wood picket fence at 423 First Avenue.

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

Motion to Remove Tabled Certificate of Appropriateness – 56B East Market Street

Mrs. Belinski and Ms. Dolan moved to remove Certificate of Appropriateness for 56B East Market Street that was tabled April 18, 2006. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Motion passed.

President Schweder explained that what is before Council is the Resolution as sent to Council by the HARB. On the advice of Council's Solicitor, Christopher T. Spadoni, President Schweder stated that if Council wishes to allow for the vinyl replacement window, the Resolution needs to be amended. President Schweder asked if there is a member of Council who wishes to make a motion to approve the vinyl window.

Mrs. Belinski and Mr. Leeson moved the following amendment:

That Resolution 11 F be amended by addition of the following paragraph:

"Whereas, the new window will be a vinyl replacement window instead of the proposed wood, factory painted window."

Ms. Dolan stated that she has a concern that Council would be establishing precedent. She said the reason why she is in favor of allowing the vinyl replacement window is because the window cannot be seen and the property is a non-contributing property to the Historic District. Ms. Dolan asked if it would be appropriate to additionally amend the resolution to add language so that later down the road the HARB doesn't hear that vinyl windows were allowed at 56B East Market Street. She asked if it should be stated in the amendment that there was a reason for doing this.

President Schweder said it is his belief that Council would not be establishing a precedent. He said that this was something talked about previously, that City Council does not necessarily follow precedent that was there before, and in their advisory capacity they make independent decisions, and it would be Council going forward that would continue to do the same thing. He said the concerns Ms. Dolan raised will be placed in the minutes and will be reflected. He said if someone does come back, they will see that was a rationale, at least for Ms. Dolan, and none of the other members either objected or contradicted that. President Schweder indicated he did not think any more would have to be added, and that Ms. Dolan's concerns were met.

Ms. Dolan then stated, she said firmly for the record, that this does not mean that she is for vinyl windows in the Historic District, but it means that she doesn't see the point in denying it when it cannot be seen and when it is a non-contributing building.

Mrs. Belinski pointed out that the applicant's son-in-law explained a few weeks ago that within a certain amount of feet of this building there are other replacement vinyl windows put in some time ago, and evidently they got through the HARB or weren't even submitted and just got by. She said she doesn't see a problem with this.

Mr. Mowrer asked what the Administration's view is on this.

Tony Hanna, Director of Community and Economic Development, stated that they are fine with the recommendation.

Ms. Szabo asked for clarification on the vote. In answer to Ms. Szabo's question, President Schweder stated that the amendment that would allow for the vinyl window would be voted on first. After that, and if it is approved or disapproved, Council will then vote on the Resolution.

Voting AYE on the Amendment: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Amendment passed.

Voting AYE on the Resolution, as amended: Mrs. Belinski, Ms. Dolan, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolution passed.

12. New Business.

Scheduling of Finance Committee Meeting

Mr. Leeson, Chairman of the Finance Committee, reported that the Finance Committee will meet on Wednesday, May 31, at 4:14 PM in the Mayor's Conference Room. The subjects to be discussed include reviews of proposed transfers of funds and proposed budgetary adjustments.

Certificates of Appropriateness

Ms. Szabo commented that after discussions on Certificates of Appropriateness this year she thinks it is obvious that new people moving into both the historic districts have to be educated and re-educated by the realtors. The buyers have to get the information about what they are buying into by moving into that neighborhood. She said it is obvious that some of the people who have lived there for a number of years have forgotten what some of the rules are and, she said, maybe some of rules are too stringent for today and for materials that are available.

President Schweder agreed with Ms. Szabo. He said he knows it is a requirement that the realtor must state that a property is within either of those districts. President Schweder asked Mr. Hanna if there was anything that could be done through a permitting process when purchasing a property. Mr. Hanna replied that there is a permitting process on purchases for inspections. He said they have talked about identifying properties that are in either of the historic districts that when they are sold, the City would counsel the property owner that their property is in a historic district and they would be advised of what some of the requirements are. Mr. Hanna said he thinks that would be the simplest way that the issue could be addressed, to educate the new purchaser of property to tell them that they are purchasing a property within the district. He said he thinks that there should be some additional education for existing property owners as well as new ones.

President Schweder thanked Mr. Hanna, and added that Attorney Spadoni advised that in the seller's disclosure when a property is sold it is the requirement of the seller to notify the purchaser that the property is, in fact, within the boundaries of the historic district and is held accountable for those requirements.

13. Courtesy of the Floor.

Sharing Casino Host Fees

Robert Pfenning, 2830 Linden Street, referred to the issue of the Mayor agreeing to a revenue sharing and a proposed state law change and the fact that nothing came to City Council. He said President Schweder pointed out to him that was because it is a State issue and City Council was not involved. Mr. Pfenning then referred to the Northampton County resolution, as they are in the same spot as City Council and have no legal standing, which reads "…whereas development of a revenue sharing plan without input from the Northampton County Council does not constitute good or sound government in that it excludes the chief legislative body in Northampton County from offering potential valuable public input". Mr. Pfenning said he would echo that same thing for Bethlehem Council. He said as a citizen he would like to hear Council's thoughts. He said he doesn't know how much Council was involved, but he thinks Council should have been and should have said something. Mr. Pfenning said the second thing pointed out in Northampton County's resolution was that they were concerned about giving up revenue not knowing how much it is going to cost. Mr. Pfenning said he thinks City Council is a watchdog, the group that looks at the budget, etc., and that the City could potentially lose one mill a year of potential revenue. He said he would hope Council has some feelings on that.

Crime

Edwin Rodriquez, 1845 Linden Street, asked if the Members of Council received an invitation to a meeting at Nativity Church on Thursday, May 18. President Schweder responded yes. Mr. Rodriquez said he wanted to update City Council Members and residents of what has been occurring in neighborhoods. He referred to the death of a 10 month old baby at 809 Wyandotte Street where drugs were found, bagged and ready to be distributed into our own neighborhoods or other areas, in April the City experienced the third homicide this year when a man was fatally shot in Bethlehem a block from Donegan Elementary School, and a slain drug dealer at 409 Wyandotte Street who was the City's fourth homicide this year. Mr. Rodriquez referred to other incidents that occurred in our neighboring cities and counties. He said that the situation is getting out of hand and that a closer look needs to be taken. Mr. Rodriquez thought Council should consider hiring more police officers.

Public Safety

Bill Scheirer, 1890 Eaton Avenue, agreed that there is too much violence in the City. He said violence begets violence, violence on the street leads to violence inside apartments and houses. The next level of violence he said that may occur here is drug wars like in Allentown, the next level beyond that is that innocent bystanders will be hit by gang shootings, the next level will be witnesses will be murdered so that they cannot testify, and the final level beyond that is when people get murdered for pleasure, the ultimate form of vandalism. He said he has witnessed these stages in another larger city, but Bethlehem is not immune. Mr. Scheirer mentioned that at the last budget hearing one additional police officer was in the budget. He said one additional officer isn't going to make a lot of difference but it is a symbol of intent. Mr. Scheirer said he proposes that as soon as possible, perhaps with a supplemental budget, that four officers be added to the police force, and that be done for five years. He said he understands it will be possible to recruit qualified people and train them properly and add them to the police force. He said four officers will cost about $240,000 including training and equipment, about a fifth of a mill or a little less. He said that over the course of the next four years the City could have 20 officers at a cost of less than 1 mill. Mr. Scheirer said he feels it is absolutely essential because one of the prime functions of the government is public safety and said he thinks the City of Bethlehem is losing it.

Various

Dean Bruch, 555 Spring Street, reported that the Cancer Boutique at the Rink is making money for VA and Hospice VNA thanks to the generosity of the City. He mentioned the job of police, security and safety back during the World War II. Mr. Bruch asked about the 11:00 no noise policy during Musikfest. He wanted to know about the penalties involved with open door and noise from bars. He wondered if the homeowner has to make the complaint or can the police drive by.

Police

Mary Pongracz, 321 West Fourth Street, said she thinks our policemen take a bad rap. She said the way to security in town is not that the policemen are all over, which is an impossibility, but the fact that the citizens of the town have to do their part also. The drug dealers would not survive if they had to deal with her because she said she doesn't take drugs. She said we have to think a bit more about the buyers. She said this is the obligation of every citizen in the City to take care of the City. Ms. Pongracz said our policemen have done a phenomenal job. She said she thinks the citizens should take care of their own neighborhoods and be grateful for the policemen we have and the citizens have to do their job so the police can do theirs. Ms. Pongracz thanked the police for what they do.

Jim Follweiler, 2222 Main Street, stated that he thinks the police do a fantastic job in Bethlehem, however as was stated earlier, at times it appears our administration loses focus on the communities in Bethlehem. He said the theory of broken windows seems to be applying in Bethlehem and with our focus seeming to be on development and redevelopment, at all costs, our communities are falling to the wayside. Mr. Follweiler said a solution for funding for additional police to help, could be to ask Mr. Pektor, who has almost turned into "a Mayor by proxy" in Bethlehem to maybe provide some of the $550,000 grant from the state to hire additional policemen. He asked why the state and therefore each of us as taxpayers have to provide a reasonably wealthy developer money for a private project to build a three-story bistro restaurant on private property that should have had fire insurance to rebuild the building anyway. He said it makes him wonder when money is granted at all levels, federal, state and local, when people in the community are saying maybe a little more police on the street would help. He said it is certainly not that the police aren't doing their job, he said he thinks they are. Under the theory of broken windows it gets to the point where people and individual communities become afraid and are more fearful of some of their criminal element neighbor's actions during the middle of the night than what even a quality police department can help. Mr. Follweiler said he thinks people should stand up, but there is almost the feeling in different parts of our city now that the fear of opening one's mouth is overriding the protection they would get by picking up the phone. He said he thought maybe a little more focus on more police and public education would be a good thing.

Noise Ordinance

Louise Valeriano, 3114 East Boulevard, wanted to bring to attention that the City does have a noise ordinance on the books. She said the police are called and it is stated where the noise is coming from. She said when the police arrive, they do not have to hear it. Typically, when people are blasting a radio or car radio, as soon as they see the police, they turn it down. The police don't have to hear it, the mere fact that it was called in and a complaint was made is enough. Ms. Valeriano said you have to give your name, and the reason why many people don't call in is that they are afraid of revenge. She said to get around that you need to get a checkmate number where you don't have to give your name, just a number, and no one can release the name behind that number except one person in the Police Department has the record. She said if it would come up to trial it would be revealed who called in. Ms. Valeriano explained another thing in that ordinance is car alarms, which she said she does not think is such a big problem any more as it was a few years ago. She said a car is allowed to have false alarm once in 24 hours, the second time the person can be cited for it. She explained the range of the fines go up to the third offense which is $300 plus $37.50 for court costs. She said you can complain and you can have this taken care of. She said the distance that the noise cannot be heard is 40 feet, which is about the distance from one side the street to the other.

Water Quality

Dave Sanders, 69 East Goepp Street, thanked David Brong, Director of Water and Sewer Resources, concerning the article in the newspaper that said the City of Bethlehem's water is rated first place. He said he thinks that is great for the citizens of Bethlehem and a job well done in the department.

Officer Edmund Miller

President Schweder stated that within the last week our City lost a very dedicated public servant in the death of Officer Edmund Miller who served 37 years in the Police Department. He said he served with distinguished service over 37 years which in terms of longevity will probably never be equaled again. President Schweder on behalf of all the Members of City Council offered condolences to his family.

14. ADJOURNMENT

The meeting was adjourned at 8:20 p.m.