Council Minutes

February 15, 2005 Meeting Minutes

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

President J. Michael Schweder called the meeting to order. Reverend Ruth Santana-Grace of First Presbyterian Church offered the invocation which was followed by the pledge to the flag. Present were Ismael Arcelay, Jean Belinski, Robert J. Donchez, Joseph F. Leeson, Jr., Gordon B. Mowrer, Magdalena F. Szabo, and J. Michael Schweder, 7.

Citation – Honoring Francis Supanek

President Schweder advised that the Citation honoring Francis Supanek who retired from the Fire Department after 26 years of service will be forwarded to him since he was unable to be present this evening.

4. APPROVAL OF MINUTES

The minutes of February 1, 2005 were approved.

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

Rail Line – South Bethlehem

Bradford Pease, 2029 East Columbia Street, Allentown, advised he is representing Rail Options for the Valley, and Delaware Valley Association of Rail Passengers with over 1,000 members most of whom ride trains daily to work. Mr. Pease, turning to the City’s acquisition of the Norfolk Southern rail line right-of-way in South Bethlehem, asked that language be inserted in the agreement to guarantee that the right-of-way will be preserved for possible future use for rail transportation.

Mr. Pease, focusing on the Lynn Street Bridge replacement, asked that the bridge be designed to accommodate the two track right-of-way between Bethlehem and Philadelphia. Mr. Pease highlighted the fact that, although this is only a short stretch of track, it is part of the national inner-city rail network system, and is the only link between the Lehigh Valley and Philadelphia. Mr. Pease stressed it is critically important that this right-of-way not be lost forever.

Mr. Pease noted that many changes have been made in the rail system in Philadelphia since the ending of rail service about 20 years ago. In the past, the system ended at the Reading Terminal on Market Street in Philadelphia. With the new city rail tunnel, the trains not only stop on Market Street but travel also to the Philadelphia Airport and to 30th Street Station where passengers can take high speed trains to Washington, Florida, New Orleans, and the West Coast. Mr. Pease reiterated this is a critical link in the system.

Mr. Pease remarked it seems inevitable that rail service will be restored sooner or later in view of worsening traffic congestion, long traffic delays on various highways, and apparently no new highways being planned to alleviate congestion. He mentioned that, at one time, Route 33 was supposed to extend from the Lehigh Valley to Philadelphia but is now a dead issue because properties are not available to purchase right-of-ways, and a bypass in Quakertown seems out of the question because of the tremendous cost to purchase right-of-ways. Mr. Pease pointed out that studies have been completed and plans are being made to extend rail service that presently goes from Philadelphia to Lansdale into Quakertown and then to the Lehigh County line below Coopersburg from which point it is only 13 miles to Union Station in Bethlehem.

Mr. Pease, commenting that plans need to be made for the future, stated that the right-of-way through Bethlehem and South should be preserved.

6. OLD BUSINESS

None

7. COMMUNICATIONS

A. Rezoning 53 East Lehigh Street – Postponement of Public Hearing

The Clerk read a letter dated February 9, 2005 from Michael J. Perrucci on behalf of Woodmont Properties of Parsippany, New Jersey and Peron Construction, LLC of Bethlehem, requesting that the February 15, 2005 Public Hearing on the rezoning request of 53 East Lehigh Street be postponed and rescheduled.

President Schweder stated that a Public Hearing will be rescheduled when additional information is received.

B. City Solicitor –Records Destruction – Department of Community and Economic Development

The Clerk read a memorandum dated February 8, 2005 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed resolution to destroy records from the Department of Community and Economic Development according to the previously adopted Municipal Records Retention Act, provided that the Department comply with the retention requirements promulgated by the appropriate administering, funding or licensing agency which in this case is the Housing and Urban Development Department.

President Schweder stated that the appropriate Resolution will be placed on the March 1, 2005 City Council Agenda.

C. City Solicitor – Use Permit Agreement for Public Property - American Association of University Women, Bethlehem Branch – Book Fair

The Clerk read a memorandum dated February 8, 2005 from John F. Spirk, Jr., City Solicitor, to which was attached a proposed resolution for a Use Permit Agreement between the American Association of University Women, Bethlehem Branch, for use of the Memorial Pool Building for the 2005 Book Fair for the time period March 14, 2005 to April 25, 2005, according to the terms and conditions of the Agreement.

President Schweder stated that the authorizing Resolution will be listed on the March 1, 2005 City Council Agenda.

D. City Solicitor – Use Permit Agreements for Public Property – ArtsQuest – Musikfest 2005-2007

The Clerk read a memorandum dated February 8, 2005 from John F. Spirk, Jr., City Solicitor, to which was attached proposed resolutions for Use Permit Agreements between ArtsQuest and the City of Bethlehem for use of various City properties, and use of various City streets, for Musikfest 2005, 2006 and 2007, for the time periods listed and according to the terms and conditions of the Agreements.

President Schweder stated that the authorizing Resolutions will be listed on the March 1, 2005 City Council Agenda.

E. Director of Planning and Zoning – Norfolk Southern Railroad Right of Way Acquisition – TEA-21 Grant

The Clerk read a memorandum dated February 8, 2005 from Darlene Heller, Director of Planning and Zoning, to which was attached a resolution to authorize the execution of a Federal Aid Reimbursement Agreement to approve the acceptance of the TEA-21 funding award of a $200,000 grant through PennDOT for the acquisition of the Norfolk Southern Railroad Right of Way in South Bethlehem.

President Schweder stated that the appropriate Resolution will be placed on the March 1, 2004 City Council Agenda, unless the Parks and Public Property Committee wishes to review this matter.

F. Director of Planning and Zoning – Proposed SALDO Revisions – Traffic Impact Study and Recreation Fee Provisions
The Clerk read a memorandum dated February 11, 2005 from Darlene Heller, Director of Planning and Zoning, concerning discussion at the February 1, 2005 Public Hearing on the revisions to the Subdivision and Development Ordinance. It was proposed that Section 1347.14(b)(2) be revised to add the following sentence: “No traffic study and/or land development or subdivision plan reviews will be processed until the escrow is fully funded.” It was further requested that action be taken on the proposed Recreation Fee revision in the Subdivision and Development Ordinance, and that the commercial/industrial fee revision can be handled as a separate matter in the near future.

President Schweder stated that the amendment can be considered on Final Reading of the Ordinance at the March 1 City Council Meeting.

G. Director of Planning and Zoning – Petition to Vacate a Portion of Silk Mill Street

The Clerk read a memorandum dated February 11, 2005 from Darlene Heller, Director of Planning and Zoning, stating that the Planning Commission, at their meeting of February 10, 2005, voted to recommend approval of the request to vacate a portion of Silk Mill Street with the condition that the legal description and easement agreement be provided by the petitioner for review.

President Schweder stated that the appropriate Ordinance will be considered when required easement agreements have been finalized.

H. Director of Public Works – Supplemental Federal Aid Reimbursement Agreement – PennDOT – Lynn Avenue Bridge Replacement Project

The Clerk read a memorandum dated February 11, 2005 from Michael Alkhal, Director of Public Works, requesting a resolution authorizing the execution of Supplemental Federal Aid Bridge Project Agreement No. 050008-A for the Lynn Avenue Bridge Replacement. The City will be reimbursed 95% of these costs and the maximum reimbursement will be increased from $87,400 to $213,750.

President Schweder stated that Resolution 11 G is listed on the Agenda.

8 . REPORTS

A. President of Council

None.

B. Mayor

None.

C. Public Works Committee

Mr. Mowrer, Chairman of the Public Works Committee, presented an oral report of the Committee’s meeting that was held February 8, 2005, on the following subject: Strategic Plan.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 1 – 2005 – Amending Article 347 – Municipal Claims for Delinquent Accounts

The Clerk read Bill No. 1 – 2005, Amending Article 347 – Municipal Claims for Delinquent Accounts, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 1 – 2005, hereafter to be known as Ordinance 4303, was declared adopted.

B. Bill No. 2 – 2005 – Amending Article 925 – Stormwater Management Ordinance

The Clerk read Bill No. 2 – 2005 – Amending Article 925 – Stormwater Management Ordinance, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 2 – 2005, hereafter to be known as Ordinance 4304, was declared adopted.

C. Bill No. 3 – 2005 - Amending 9-1-1 Fund Budget – 2004 Audit Invoice

The Clerk read Bill No. 3 – 2005 – Amending 9-1-1- Fund Budget – 2004 Audit Invoice, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 3 – 2005, hereafter to be known as Ordinance 4305, was declared adopted.

D. Bill No. 4 – 2005 – Amending Non-Utility Capital Budget – Self-Contained Breathing Apparatus

The Clerk read Bill No. 4 – 2005 – Amending Non-Utility Capital Budget – Self-Contained Breathing Apparatus, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 4 – 2005, hereafter to be known as Ordinance 4306, was declared adopted.

E. Bill No. 5 – 2005 – Establishing Salary – Mayor

The Clerk read Bill No. 5 – 2005 – Establishing Salary – Mayor, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, and Ms. Szabo, 6. Voting NAY: Mr. Schweder, 1. Bill No. 5 – 2005, hereafter to be known as Ordinance 4307, was declared adopted.

F. Bill No. 6 – 2005 – Establishing Salary – Controller

The Clerk read Bill No. 6 – 2005 – Establishing Salary – Controller, on Final Reading.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, and Mr. Schweder, 6. Voting NAY: Ms. Szabo, 1. Bill No. 6 – 2005, hereafter to be known as Ordinance 4308, was declared adopted.

G. Bill No. 7 – 2005 – Establishing Salary – President and Members of Council

The Clerk read Bill No. 7 – 2005 – Establishing Salary – President and Members of Council, on Final Reading.

Voting AYE: Mr. Arcelay, Mr. Donchez, Mr. Leeson, and Mr. Mowrer, 4. Voting NAY: Mrs. Belinski, Ms. Szabo, and Mr. Schweder, 3. Bill No. 7 – 2005, hereafter to be known as Ordinance 4309, was declared adopted.

10. NEW ORDINANCES

A. Bill No. 8 – 2005 – Amending Article 1302 – Definitions

The Clerk read Bill No. 8 – 2005, Amending Article 1302 – Definitions, sponsored by Mr. Donchez and Mrs. Belinski, and titled:

AN ORDINANCE AMENDING ARTICLE 1302 OF THE
ZONING ORDINANCE OF THE CITY OF BETHLEHEM, PENNSYLVANIA, AS AMENDED, ENTITLED DEFINITIONS.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 8 – 2005 was declared passed on First Reading.

B. Bill No. 9 – 2005 – Amending Article 1312 – CL District – Use Regulations

The Clerk read Bill No. 9 – 2005, Amending Article 1312 – CL District – Use Regulations, sponsored by Mr. Donchez and Mr. Leeson, and titled:

AN ORDINANCE AMENDING ARTICLE 1312 OF THE
ZONING ORDINANCE OF THE CITY OF BETHLEHEM, PENNSYLVANIA, AS AMENDED, ENTITLED C-L LIMITED
COMMERCIAL DISTRICT.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 9 – 2005 was declared passed on First Reading.

C. Bill No. 10 – 2005 – Amending Article 1316 – LI District – Use Regulations

The Clerk read Bill No. 10 – 2005, Amending Article 1316 – LI District – Use Regulations, sponsored by Mr. Donchez and Mr. Leeson, and titled:

AN ORDINANCE AMENDING ARTICLE 1316 OF THE
ZONING ORDINANCE OF THE CITY OF BETHLEHEM, PENNSYLVANIA, AS AMENDED, ENTITLED L-I LIGHT
INDUSTRIAL DISTRICT.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 10 – 2005 was declared passed on First Reading.

D. Bill No. 11 – 2005 – Amending Article 1319 – Off-Street Parking and Loading

The Clerk read Bill No. 11 – 2005 – Amending Article 1319 – Off-Street Parking and Loading, sponsored by Mr. Donchez and Mr. Leeson, and titled:

AN ORDINANCE AMENDING ARTICLE 1319 OF THE
ZONING ORDINANCE OF THE CITY OF BETHLEHEM, PENNSYLVANIA, AS AMENDED, ENTITLED OFF-STREET
PARKING AND LOADING.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 11 – 2005 was declared passed on First Reading.

E. Bill No. 12 – 2005 – Amending Article 1322 – Uses Granted Under Special Conditions

The Clerk read Bill No. 12 – 2005 – Amending Article 1322 – Uses Granted Under Special Conditions, sponsored by Mr. Donchez and Mr. Leeson, and titled:

AN ORDINANCE AMENDING ARTICLE 1322 OF THE
ZONING ORDINANCE OF THE CITY OF BETHLEHEM, PENNSYLVANIA, AS AMENDED, ENTITLED USES GRANTED
UNDER SPECIAL CONDITIONS.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 12 – 2005 was declared passed on First Reading.

F. Bill No. 13 – 2005 – Amending Zoning Ordinance – Appendix A-2, A-3 and A-4 – Table of Area, Yard, and Building Regulations

The Clerk read Bill No. 13 – 2005 – Amending Zoning Ordinance – Appendix A-2, A-3 and A-4 – Table of Area, Yard, and Building Regulations, sponsored by Mr. Donchez and Mr. Leeson, and titled:

AN ORDINANCE AMENDING THE APPENDIX
OF THE ZONING ORDINANCE OF THE CITY OF
BETHLEHEM, PENNSYLVANIA, AS AMENDED,
ENTITLED TABLE OF AREA, YARD AND BUILDING
REGULATIONS.

President Schweder inquired about the practical aspects of the proposed changes to delete the two and a half stories in the CG District but keeping a designated height.

Darlene Heller, Director of Planning and Zoning, explained there have been some appeals before the Zoning Hearing Board where applicants were able to meet the maximum height requirement but the developments were at least three stories, and the appeals were granted. Ms. Heller continued on to advise there appears to be no negative impact of allowing the additional story if the maximum height requirement is being met. Ms. Heller, continuing on to say the current provision seems redundant, added that in a commercial zone the maximum height is the factor.

Voting AYE: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 13 – 2005 was declared passed on First Reading.

G. Bill No. 14 – 2005 – Amending Article 1347 – Recreation Fees and Traffic Impact Studies

The Clerk read Bill No. 14 – 2005 – Amending Article 1347 – Recreation Fees and Traffic Impact Studies, sponsored by Mr. Donchez and Mrs. Belinski, and titled:

AN ORDINANCE AMENDING ARTICLE 1347 OF THE
SUBDIVISION AND DEVELOPMENT ORDINANCE OF THE
CITY OF BETHLEHEM, PENNSYLVANIA, AS AMENDED,
BY AMENDING SECTION 1347.10 ENTITLED DEDICATION
OF PARKS AND PLAYGROUNDS AND ADDING A NEW
SECTION 1347.14 ENTITLED TRAFFIC IMPACT STUDIES.

Mr. Leeson, with reference to Ms. Heller’s February 11, 2005 memorandum, commented that, although he understands the attempt to address proposed additional language under Section 1347.14 (b) (2), it cannot be done that way under the law. Mr. Leeson recommended that the following additional sentence be added in Section 1347.14 (b) (2): “No traffic study and/or land development or subdivision plan reviews will be deemed administratively complete and processed until the escrow is fully funded.”

Mr. Leeson stressed that the real key to the Ordinance is the commercial and industrial development as far as recreation fees. While acknowledging Ms. Heller noted in her memorandum the fees for commercial development could be handled as a separate matter in the near future, Mr. Leeson restated that is the key to the program long term. As a result, Mr. Leeson asked that the matter be added under Old Business at the next City Council Meeting so the Members of Council can obtain a follow-up report.

Amendment to Bill No. 14 – 2005

Mr. Leeson and Mr. Donchez moved the following Amendment: That the following sentence be added in Section 1347.14 (b) (2): No traffic study and/or land development or subdivision plan reviews will be deemed administratively complete and processed until the escrow is fully funded.

Mr. Leeson stated that the Amendment accomplishes what is set forth in Ms. Heller’s memorandum and adds some technical wording to meet the requirements of Pennsylvania law.

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

President Schweder recalling that, at the February 1, 2005 Public Hearing, there was also discussion about limiting the availability of traffic consultants if they had done work for the developer, expressed his understanding there would be language drafted to that effect. In addition, President Schweder expressed he was under the impression that the addition of fees for commercial development would be included with final passage of the Bill.

Ms. Heller, turning to fees for commercial development, indicated she was not of the understanding that should be added to the Ordinance language for Final Reading. Focusing on the issue of traffic consultants, Ms. Heller explained the City has a contract with a consulting traffic engineer, and affirmed there are not provisions in place to obtain from the developer the costs of having a consulting engineer review plans. However, Ms. Heller stated the City would continue to work with that same traffic consultant unless there is a conflict of interest.

President Schweder, highlighting the fact that the matter has been discussed for at least three years, stressed that everything possible should be done to remove any possibility of conflict of interest within the language of the law. President Schweder, affirming that he will not hold the Ordinance on First Reading, suggested that language be drafted that expressly states the matter, and consideration be given to amending the Ordinance on Final Reading.

Voting AYE on Bill No. 14 – 2005, as Amended: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. Bill No. 14 - 2005 was declared passed on First Reading.

11. RESOLUTIONS

A. Requesting Police Training Grant – Municipal Police Officers’ Education and Training Commission – POLEX Training Course

Mr. Donchez and Ms. Szabo sponsored Resolution 14,565 which authorized obtaining reimbursement of monies for expenses incurred in connection with the Police Department’s POLEX Training Course scheduled for June 2005, pursuant to the training provisions of the Municipal Police Officers’ Education and Training Act, and agreeing that while receiving any funds from the Commonwealth of Pennsylvania pursuant to the Act, the City of Bethlehem shall adhere to the rules, regulations and training standards established by the Municipal Police Officers’ Education and Training Commission (MPOETC).

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

B. Requesting Police Training Grant – Municipal Police Officers’ Education and Training Commission – ADVANCED POLEX Training Course

Mr. Donchez and Ms. Szabo sponsored Resolution 14,566 which authorized obtaining reimbursement of monies for expenses incurred in connection with the Police Department’s ADVANCED POLEX Training Course scheduled for October 2005, pursuant to the training provisions of the Municipal Police Officers’ Education and Training Act, and agreeing that while receiving any funds from the Commonwealth of Pennsylvania pursuant to the Act, the City of Bethlehem shall adhere to the rules, regulations and training standards established by the Municipal Police Officers’ Education and Training Commission (MPOETC).

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

Considering Resolutions 11 C through 11 F as a Group

Mrs. Belinski and Mr. Donchez moved to consider Resolutions 11 C through 11 F as a group.

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

C. Certificate of Appropriateness – 217 Broadway

Ms. Szabo and Mr. Mowrer sponsored Resolution 14,567 which granted a Certificate of Appropriateness to modify previously approved work at 217 Broadway.

D. Certificate of Appropriateness – 128-136 Graham Place

Ms. Szabo and Mr. Mowrer sponsored Resolution 14,568 which granted a Certificate of Appropriateness to construct an addition at 128-136 Graham Place.

E. Certificate of Appropriateness – 521 East Fourth Street

Ms. Szabo and Mr. Mowrer sponsored Resolution 14,569 which granted a Certificate of Appropriateness to install a double sided projecting sign at 521 East Fourth Street.

F. Certificate of Appropriateness – 415 North New Street

Ms. Szabo and Mr. Mowrer sponsored Resolution 14,570 which granted a Certificate of Appropriateness to install a window at 415 North New Street.

Voting AYE on Resolutions 11 C through 11 F: Mr. Arcelay, Mrs. Belinski, Mr. Donchez, Mr. Leeson, Mr. Mowrer, Ms. Szabo, and Mr. Schweder, 7. The Resolutions passed.

G. Authorizing Execution of Supplemental Federal Aid Bridge Project Agreement – PennDOT – Lynn Avenue Bridge

Mr. Donchez and Ms. Szabo sponsored Resolution 14,571 which authorized the execution of Supplemental Federal Aid Bridge Project Agreement No. 050008-A between the Commonwealth of Pennsylvania, acting through PennDOT, and the City of Bethlehem for the Lynn Avenue Bridge over the Norfolk Southern/PB&NE Railroad, in accordance with the Agreement.

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

12. NEW BUSINESS

Federal Budget – CDBG (Community Development Block Grant) Program

Mr. Donchez, highlighting the fact that in President Bush’s State of the Union speech it was noted that the Federal Budget called for the elimination of Community Development Block Grant funds, wondered if the City has spoken with Senator Charles Dent concerning the matter.

Mayor Callahan, stating that clearly Community Development Block Grant dollars have been the lifeblood of a lot of communities, pointed out that the City of Bethlehem does an excellent job of utilizing CDBG dollars for a lot of important projects in low and moderate income areas of the City. Mayor Callahan advised there have been discussions with both Senators and the Congressman, and the City will be making its voice heard through the Pennsylvania League of Cities and Municipalities and the U. S. Conference of Mayors. Mayor Callahan observed what the end result will be is hard to say, and added that the budget will go through a lot of changes. Mayor Callahan stressed that the City is concerned and alarmed by the potential loss of CDBG funds.

Van Bittner Hall – City Government Use

President Schweder recalled that, at the February 1, 2005 City Council Meeting, he asked for a response from Tony Hanna, Director of Community and Economic Development, with respect to past discussions between the City and the United Steelworkers about possible uses of Van Bittner Hall at 53 East Lehigh Street. President Schweder noted that a response has not yet been received.

Mayor Callahan stated that he will follow-up with Mr. Hanna on the matter.

13. COURTESY OF THE FLOOR

Recreation Commission

Anna Stofko, 1954 Greenleaf Street, noted she is president of the Bethlehem Recreation Commission. Ms. Stofko advised she comes before City Council tonight to inform the Members that she will no longer seek reappointment to the Recreation Commission. Ms. Stofko, acknowledging that she does so with a heavy heart because she loves serving, communicated she hopes that Council was proud of her service, and she thinks “it’s time to go.” Recounting she was first appointed by Council President Dolores Caskey in 1980, Ms. Stofko continued on to recall she was reappointed by Council President Paul Calvo, by Council President Jack Lawrence, by Council President James Delgrosso, by Council President Michael Loupos, by Council President Robert Donchez, by Council President James Gregory, and by Council President J. Michael Schweder. Ms. Stofko, thanking City Council for giving her the privilege to go, commented that after 25 years on the Recreation Commission she thinks it is time to go and add “new blood.”

President Schweder thanked Ms. Stofko for her many years of dedicated service, and expressed Council’s appreciation to her.

Police Department - BethWorks

William Scheirer, 1890 Eaton Avenue, commented that the present quarters of the Police Department are cramped. As the number of Police Officers increases to cover the new activity at BethWorks, with or without gambling, Mr. Scheirer felt their quarters will become even more cramped. He stated that Van Bittner Hall may or may not be suitable as a police station, and it occupies a choice residential site. However, Mr. Scheirer said BethWorks itself may be available. Mr. Scheirer advised that eight days ago at the presentation by the developer, Michael Perrucci, at the Cathedral Church of the Nativity, he asked whether, in view of the Police Department's needs, and in return for the rezoning Mr. Perrucci has requested for the Van Bittner property, Mr. Perrucci would be willing to donate land in BethWorks for a new Police Department headquarters, the building but not the land to be paid for by the City. Mr. Perrucci replied that he was a minority partner on the Van Bittner project, but that if the Police needed space he would work with them. Mr. Scheirer felt it is a golden opportunity to solve the problem of space for the Police and also to permanently solve the problem of parking at City Hall. He continued on to say that the City of Bethlehem could have a state-of-the-art Police Station worthy of the City it is becoming. While acknowledging it would require borrowing for the construction, Mr. Scheirer remarked that, on a scale of one to four stars, this would be a four star bond issue. Mr. Scheirer asserted the time to act is now, while the plans for BethWorks are still fluid. Mr. Scheirer, adding it does not have to be BethWorks or Van Bittner Hall, said it should be one or the other.

President Schweder noted that he and Mr. Donchez had a discussion with respect to the matter. Observing it could be the two locations mentioned by Mr. Scheirer, President Schweder stated that land at LVIP should be considered as well.

Gambling – South Side Bethlehem

Jane Gauffner, 517 Carlton Avenue, stated she is at the meeting because of the proposal to put gambling on the South Side. Ms. Gauffner felt if there is gambling on the South Side “you’re going to ruin the City. You’re not going to have the City you’re looking for.” She expressed that the City is going in a good direction right now, as well as with employment opportunities that have come into the City. Stressing that the huge former Bethlehem Steel Corporation property on the South Side should be used to benefit people, Ms. Gauffner asserted that gambling only brings problems to any community. Ms. Gauffner said she knows personally how it feels when somebody one cares about is involved in gambling, years go by, money is lost, and there is nothing but heartbreak. Ms. Gauffner felt that City officials are asking the families of Bethlehem to endure this, and are fostering an addiction if gambling is promoted in Bethlehem. Continuing on to say the people with whom she is sitting remember that South Side Bethlehem was known previously as “sin city”, Ms. Gauffner stated it does not need to go in that direction again. Ms. Gauffner remarked that gambling on the South Side would be a disaster. Ms. Gauffner appealed to City Council to stop this from happening in any way they can, and to find productive, wealth-producing means of using the land on the South Side.

David Kelly, 634 Elm Street, commented that he approves of casinos on the South Side because he feels at this time there are not a lot of jobs in the Lehigh Valley area. Consequently, Mr. Kelly stated that a lot of people would have jobs at the casinos, and the taxes from the gambling community will help benefit the community of Bethlehem. Mr. Kelly communicated that he thinks it is a good investment for the casinos to locate at the former Bethlehem Steel area.

Police Department

Santiago Rivera, 1349 Lynn Avenue, noting that the City of Bethlehem owns a five acre lot on Lynn Avenue that is undeveloped, wondered whether that location would be worth considering for a Police Station since it would be closer to one of the main entrances to BethWorks.

Greenway – South Bethlehem

Mr. Rivera asked if the proposed greenway through South Bethlehem only goes to the Lynn Avenue Bridge or if it proceeds beyond that to Saucon Park.

Darlene Heller, Director of Planning and Zoning, advised that phase one is proposed to go to the Lynn Avenue Bridge, and phase two would go from the Lynn Avenue Bridge to Saucon Park. She further informed Mr. Rivera it would go to the rail yards.

Mr. Rivera, expressing his belief that there is rail service as far as Quakertown, observed he does not know what the feasibility is to extend that and whether the route would come to Bethlehem. Enumerating that in view of the greenway terminating there, the BethWorks development, and a tourist destination, Mr. Rivera commented that the idea of having rail service from Bethlehem to Philadelphia and the Philadelphia International Airport is worth considering and would be a real positive.

Mr. Leeson, focusing on the right-of-way acquisition of the Norfolk Southern Rail Line in South Bethlehem, questioned whether phase one and two is a new concept.

Ms. Heller, commenting the terms have been used for a while, recalled that the original grant proposal was to go to Daly Avenue, and the Department wants to amend the request to go to Lynn Avenue. However, the wording of the original grant request is still being used because it ties to the grant.

Mr. Leeson, with reference to discussions about the issue at the Parks and Public Property Committee meeting of July 14, 2004, recalled the consensus seemed to be that this was an excellent project, and it would be ideal not to end the greenway at Daly Avenue or Lynn Avenue. Mr. Leeson, further recalling it was said that was not the intent, denoted he had stated that if it is not done all at once there is a risk factor that it may never be extended. Mr. Leeson, communicating he would not want to see the concept of phase two at some point in the future, said that, rather, phase two should be with phase one. Mr. Leeson, commenting he thinks the greenway through South Bethlehem needs to be done as a package deal, pointed out it would be very unique to connect the greenway to Saucon Park. Mr. Leeson continued on to say the risk factor he sees is that, if the City does not act now, someone could scoop the City on the land from the railroad and it could be very difficult to get the land at a later date. Mr. Leeson stated he would not want the nomenclature of phase one and phase two used to have different timelines for the two segments of land.

Ms. Szabo asked whether Norfolk Southern Railroad Company is still intending to remove all the rails.

Ms. Heller, replying yes, advised the company started to do that.

William Hubbard, 27 West Washington Avenue, questioned whether the City’s acquisition of the Norfolk Southern rail line goes all the way from EK milepost 56.7 to EK milepost 53, a distance of 3.7 miles, in other words all the railroad right-of-way from the end of the line at Union Station to where SEPTA owns the property up to 800 feet south of the High Street Bridge.

Ms. Heller, advising that long term that is the City’s goal, said right now the language in the lease takes the right of way to Daly Avenue, and the City wants to extend that to Lynn Avenue. In further response to Mr. Hubbard, Ms. Heller stated the grant is for acquisition of the right-of-way, and the Resolution is on the Agenda this evening. Continuing on to inform Mr. Hubbard that the grant is not for the full length, Ms. Heller advised it goes from Union Station to Daly Avenue that is about one mile in length.

Mr. Hubbard asked what provisions are there to assure that the right of way does not get cut. Continuing on to highlight the fact that in the past one could not get train service through Philadelphia and riders had to change stations, Mr. Hubbard pointed out that now with the Philadelphia Center City tunnel one can go directly to Washington, D.C., to Atlantic City, New Jersey, or the Philadelphia International Airport. Mr. Hubbard stressed that has more potential than most people realize.

Ms. Heller, noting the terminus has always been at Union Station, added that it will remain in public hands, and stated it will be turned into a linear park.

Mr. Hubbard, explaining it is not Union Station that concerns him, stressed it is the park from wherever the City ends it to where SEPTA owns it. Mr. Hubbard advised that, as long as it is all owned in the public sector, he feels reasonably comfortable. But, Mr. Hubbard stressed, the chance that gets cut could be very serious for the future.

Ms. Heller informed Mr. Hubbard that the City is still negotiating for that portion of the right-of-way.

Mr. Leeson asked if it is correct that the lease has not yet been brought to City Council for consideration.

Ms. Heller affirmed that the lease has not been brought back to City Council.

Mr. Leeson, reiterating that he had mentioned the greenway should be extended all the way to Saucon Park, stressed he does not want the ball dropped on this. Mr. Leeson, asking that the lease not be brought back to City Council incomplete, requested that the right of way be obtained all the way to Saucon Park. Recalling that several years ago, Norfolk Southern Railroad was open to that idea, Mr. Leeson asserted “don’t lose that opportunity.”

President Schweder observed, based on past discussions, there is a real concern that it is not evident exactly what the City will receive through all of the negotiations. President Schweder communicated that the Department needs to come back to City Council with the specifics of the matter.

Bond Issues

Dean Bruch, 625 Hawthorne Road, noting he read Mayor Callahan’s state of the City address, thought it was very nice, well articulated, and to the point, and added that he agrees with the Mayor. Saying he does not like the $1.7 million loss, Mr. Bruch commented he did not see that in the Mayor’s statements. Mr. Bruch communicated that in the future he would appreciate if everyone takes the bonds very sternly and do it right. Remarking he does not want to hear again that the City is losing money, Mr. Bruch stressed “we can’t afford this.”

Rail Line and Conveyance of Visitors

Mr. Bruch, informing the assembly that he used to ride the rail system to Philadelphia, highlighted the fact that now the tracks are gone. Mr. Bruch recounted his thought about bringing people into Bethlehem on a conveyance along the right-of-way instead of visitors having to drive and park here. Expressing that he likes the idea of bringing the rail back, Mr.
Bruch observed that the former train station known as Union Station is no longer available because it is being utilized by St. Luke’s Hospital. Mr. Bruch communicated that by having the station out of town and having a conveyance come into Bethlehem it would alleviate the problem of cars and where to park them. Mr. Bruch stressed it is an idea to consider.

14. ADJOURNMENT
The meeting was adjourned at 8:33 p.m.