Council MInutes

October 7, 2008

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, October 7, 2008 – 7:00 PM

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

Vice President Leeson called the meeting to order. Reverend Judi Venturini, Unity Center for Spiritual Living, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Karen Dolan, Gordon B. Mowrer, J. William Reynolds, J. Michael Schweder, and Joseph F. Leeson, Jr., 6. President Robert J. Donchez was absent, 1.

Public Hearing – Miscellaneous Amendments to the Zoning Ordinance

Prior to the consideration of the regular Agenda items, Vice President Leeson called to order a Public Hearing to consider Amendments to the Zoning Ordinance to revise Sections 1302, 1304, 1305, 1309, 1310, 1311, 1312, 1313, 1314A, 1314B, 1315, 1317A, 1318, 1319, 1320, 1325, the Table of Area, Yard, and Building Regulations, and Footnotes.

7A. Lehigh Valley Planning Commission – Proposed Zoning Ordinance Amendments

The Clerk read a letter dated September 30, 2008 from the Lehigh Valley Planning Commission advising that the Commission reviewed the amendments at its meeting on September 25, 2008. The amendments are a matter of local concern and do not conflict with the County Comprehensive Plan.

Darlene Heller, Director of Planning and Zoning, advised the proposed amendments to the Zoning Ordinance have various topics. Ms. Heller explained some of the proposed revisions were called to the Planning Bureau’s attention by the Zoning Hearing Board, and others came about as a result of discussions with the Comprehensive Plan Task Force over the last year. The Planning Commission approved the revisions last February 2008 and requested that some changes be made.

Mr. Schweder, highlighting the fact that Zoning Ordinance Amendments must be submitted to the Planning Commission and Lehigh Valley Planning Commission, asked if Council were to make additions or deletions would it be required that those proposed revisions be forwarded again to the Planning Commission and Lehigh Valley Planning Commission.

Christopher Spadoni, City Council Solicitor, responded in the affirmative.

Public Comment

Bill Scheirer, 1890 Eaton Avenue, stated there are some proposed amendments with which he disagrees. In section 8 on page 3, he believed that day care in the C-L Limited Commercial District should be limited to family and group day care homes, that is, day care limited to 12 children who are not relatives of the primary caregiver. Adult day care centers and unrestricted child day care centers should not be allowed in these more subdued commercial districts. In section 16 on page 4, he noted that many more uses are proposed for the P-I Planned Industrial District. The only two P-I Districts he could find were in West Bethlehem, one located south of Lehigh Street and the other north of Route 22 and east of Airport Road. As for the former, he believed the aim should be for recreational use of this riverbank. Although noting the P-I District is explicitly defined as an industrial park, Mr. Scheirer questioned does the City really want the proposed manufacture of machinery and the proposed manufacture of transportation equipment even in LVIP-I. He further noted that the yard, height, and lot coverage restrictions are all being relaxed in section 28 on page 9. Mr. Scheirer did not believe there are enough restrictions on scrolling and electronically changing message signs in section 21 on page 6. In section 25 on page 7, Mr. Scheirer expressed his apprehension with the idea of the Zoning Hearing Board establishing its own bylaws. He believed that the procedures of the Board should be closely regulated by City Council, at least until the Board shows a willingness to consistently abide by the requirements of the Zoning Ordinance. He supported the increase in the Board from three to five members, and thought seven would be even better, as demonstrated by the proceedings of City Council. Focusing on the Wawa debacle on Easton Avenue, Mr. Scheirer thought it would be timely to insert the following language: "Each decision of the Board shall be presented to a meeting of the Board within 40 days, so that the Board can correct any deviations from the motions that were actually made when the Board considered the decision." In section 27 on page 8, Mr. Scheirer did not disagree with adding semi-detached dwellings to the R-G Residential District, but noted that the lot area per dwelling unit of 4,000 square feet is the same as for attached dwellings, that is, row houses or town houses, while the requirement for detached dwellings is 6,500 square feet. He thought the requirement for semi-detached dwellings should be somewhere in between such as 5,500 square feet. Pointing out that the minimum setback for both side yards is proposed at 12 feet, while the existing setbacks are 16 feet for detached houses and 25 feet for row houses, Mr. Scheirer noted that a middling setback of 20 feet would make more sense. Mr. Scheirer noted that the existing Ordinance allows apartment buildings in the R-S Residential District which he thought is an anomaly. Mr. Scheirer encouraged Council to have a committee meeting on the amendments because they are so numerous and so detailed as to make it very difficult for Council to adequately consider them in a regular meeting, even with this hearing. Mr. Scheirer questioned whether it is true that it is possible for members of the Zoning Hearing Board to be sued as individuals because of their votes.

Stephen Antalics, 737 Ridge Street, asked if anyone cares to answer Mr. Scheirer’s question whether it is possible for members of the Zoning Hearing Board to be sued as individuals because of their votes.

Vice President Leeson responded it would depend because the law is complicated. Vice President Leeson invited Mr. Scheirer to meet with Attorney Spadoni or John F. Spirk, Jr., Esq., City Solicitor, after the meeting or at another time.

Chuck Nyul, 1966 Pinehurst Road, observing that there is always the matter of variances, questioned whether anyone can request a variance on any of the proposed items and observed that can change the intent of the requirements.

Eddie Rodriquez, 1845 Linden Street, pointed out he has seen a basement area that was very corroded and the wiring was very bad. He stressed that laws can be passed, but action needs to be taken in the community. Questioning how many people are living in various units and where are the inspections of properties on Carlton Avenue, Mr. Rodriquez asserted it is time for someone to do the proper job. Mr. Rodriquez said he is tired of seeing crumbing walls on Pawnee Street and the conditions at 523 Fourth Avenue. He insisted there should be inspections at all times and wondered how many times properties are being inspected.

Vice President Leeson stated that the Ordinance will be placed on the October 21, 2008 City Council Agenda for First Reading.

The Public Hearing was adjourned at 7:15 p.m.

4. APPROVAL OF MINUTES

The Minutes of September 16, 2008 were approved.

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

Bill No. 27 - 2008

Eddie Rodriquez, 1845 Linden Street, addressing South Side recreation programs under Bill No. 27 – 2008, said he is deeply concerned about the youth in the City who do not have enough to do. He observed some youth are ruining City property, and the problem is increasing. He added it also has to do with skateboards. Mr. Rodriquez thought someone should assist the South Side Recreation Coordinator. He stressed safety issues, business in general, and stated buildings are being destroyed in addition to signs.

6. OLD BUSINESS.

A. Tabled Items

None.

B. Unfinished Business

1. Establishing Article 314 – Security Cameras
2. Political Contributions and Expenditures – Proposed Ordinance
3. Gift of Real Estate – LVIP

C. Old Business – Members of Council

College and University Students Incidents – Costs to Municipality

Mrs. Belinski read a letter to the editor that appeared in the September 24, 2008 edition of the Morning Call, titled Private Colleges Need More Control. The writer said that private colleges and universities need to exercise more control over their students. Through lack of control, colleges pass expenses on to taxpayers through increased municipal police force responses to incidents. There have been 110 arrests of Lehigh University students for fighting, underage drinking, public drunkenness, etc. Municipalities should assess a fee such as $50 or $100 per incident to colleges for each college-related call to offset the costs to the municipality. Mrs. Belinski continued on to point out that every Fall students call in false alarms to the Fire Department.

Damage to City Property - Musikfest

Mrs. Belinski advised she was informed that at the end of Musikfest there were cracks found in the pavers on the City Center Plaza from trucks and other equipment, and the pavers had to be replaced. Mrs. Belinski related that Ralph Carp, Director of Parks and Public Property, forwarded to her a copy of an invoice in the amount of $2,650 for damage to pavers when trucks transporting port-a-johns were driven on the Plaza despite direct instruction by Parks personnel not to do so. However, Mrs. Belinski questioned why the City is not charging for its labor for installation. Mrs. Belinski highlighted the fact that the second invoice was for damage done to the revolving door at City Hall during Musikfest at a cost of $332. In addition, Mrs. Belinski stressed there were stains on the carpet in Town Hall after Musikfest that had to be cleaned.

7. COMMUNICATIONS

B. City Solicitor – Highway Safety Project Grant – Highway Safety Issues

A memorandum dated September 18, 2008 was received from John F. Spirk, Jr. Esq., City Solicitor, to which was attached a proposed resolution for a Highway Safety Project Grant Contract through the Pennsylvania Department of Transportation which will provide funds through September 30, 2009 to address highway safety issues with intervention strategies targeting schools, communities and enforcement.

Vice President Leeson stated that the appropriate Resolution will be placed on the October 21 Agenda.

C. City Solicitor – Highway Safety Project Grant – DUI Program

A memorandum dated September 29, 2008 was received from John F. Spirk, Jr. Esq., City Solicitor, to which was attached a proposed resolution for a Highway Safety Project Grant Contract through the Pennsylvania Department of Transportation which will provide funds through September 30, 2009 for DUI program sobriety checkpoints and expanded DUI enforcement operations.

Vice President Leeson stated that the appropriate Resolution will be placed on the October 21 Agenda.

D. Director of Community and Economic Development – LERTA Report – 2007 through 2008

A memorandum dated September 22, 2008 was received from Tony Hanna, Director of Community and Economic Development, to which was attached the official report on the administration of the Local Economic Revitalization Tax Abatement (LERTA) Ordinance, its effects, and recommendations for its reenactment.

Vice President Leeson referred the matter to the Community Development Committee.

E. Director of Parks and Public Property – Proposed Recreation Fee Increases

A memorandum dated September 30, 2008 was received from Ralph E. Carp, Director of Parks and Public Property, to which was attached proposed recreation fee increases for the Ice Rink and for Sand Island Tennis and Field Lights.

Vice President Leeson referred the request to the Finance Committee.

F. City Council Solicitor – Establishing New Article 1716 – Landmarks and Property of Historical Interest

At the direction of Vice President Leeson, the Clerk read additional Communication 7 F into the record from Christopher T. Spadoni, City Council Solicitor, dated October 7, 2008 to which was attached a proposed Ordinance entitled Landmarks and Property of Historical Interest. Attorney Spadoni advised he was informed by Assistant City Solicitor Kelly that the City is undertaking the creation of a Landmark and Historic Resource Map and the first map will include the churches on the South Side as well as certain buildings in other areas of the City, outside of the designated Historic District.

Vice President Leeson referred the matter to the Community Development Committee.

8. REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Beverly Hoover – Fine Arts Commission

Mayor Callahan reappointed Beverly Hoover to the Fine Arts Commission effective until April 2011. Mr. Reynolds and Mr. Schweder sponsored Resolution 2008-174 to confirm the appointment.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Leeson, 6. The Resolution passed.

C. Public Works Committee

Ms. Dolan, Chairwoman of the Public Works Committee, gave an oral report of the meeting held on Tuesday, September 30, 2008 on the following subjects: Water Filtration Plant – Update; and Freemansburg Trunk Line – Update.

D. Community Development Committee

Mr. Schweder, Chairman of the Community Development Committee, gave an oral report of the meeting held prior to this evening’s City Council Meeting on the following subject: Proposed 2009 CDBG and HOME Programs.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 25 – 2008 – Amending General Fund Budget – EMS Overtime, Streets, Mechanical, and
Recycling – Gasoline

The Clerk read Bill No. 25 – 2008 – Amending General Fund Budget – EMS Overtime, Streets, Mechanical, and Recycling – Gasoline, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Leeson, 6. Bill No. 25 – 2008, hereafter to be known as Ordinance 2008-25, was declared adopted.

B. Bill No. 26 – 2008 – Amending 9-1-1 Fund Budget – Police Salaries

The Clerk read Bill No. 26 – 2008 – Amending 9-1-1 Fund Budget – Police Salaries, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Leeson, 6. Bill No. 26 – 2008, hereafter to be known as Ordinance 2008-26, was declared adopted.

C. Bill No. 27 – 2008 – Amending Non-Utility Capital Budget – Movies, Games and More, Southside Recreation Programs, Eastern Gateway Lighting

The Clerk read Bill No. 27 – 2008 – Amending Non-Utility Capital Budget – Movies, Games and More, Southside Recreation Programs, Eastern Gateway Lighting, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Leeson, 6. Bill No. 27 – 2008, hereafter to be known as Ordinance 2008-27, was declared adopted.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Approving Vehicles and Property List – City Auction

Mr. Reynolds and Mr. Schweder sponsored Resolution 2008-175 that authorized an on-line public auction per the 2008 Vehicles and Property List attached to the resolution.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Leeson, 6. The Resolution passed.

Considering Resolutions as a Group

Mr. Schweder and Mr. Reynolds moved to consider Resolutions 11 B through 11 I as a group. Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Leeson, 6. The motion passed.

B. Certificate of Appropriateness – 617 East Fourth Street

Mr. Reynolds and Ms. Dolan sponsored Resolution 2008-176 that granted a Certificate of Appropriateness to replace the cast stone coping at 617 East Fourth Street.

C. Certificate of Appropriateness – 15-19 West Fourth Street

Mr. Reynolds and Ms. Dolan sponsored Resolution 2008-177 that granted a Certificate of Appropriateness to demolish the rear kitchen addition and fire escape at 15-19 West Fourth Street.

D. Certificate of Appropriateness – 917 Prospect Avenue

Mr. Reynolds and Ms. Dolan sponsored Resolution 2008-178 that granted a Certificate of Appropriateness to install an historic plaque at 917 Prospect Avenue.

E. Certificate of Appropriateness – 821 Prospect Avenue

Mr. Reynolds and Ms. Dolan sponsored Resolution 2008-179 that granted a Certificate of Appropriateness to install French doors and fencing at 821 Prospect Avenue.

F. Certificate of Appropriateness – 232 East Third Street

Mr. Reynolds and Ms. Dolan sponsored Resolution 2008-180 that granted a Certificate of Appropriateness to replace the awning at 232 East Third Street.

G. Certificate of Appropriateness – 401-405 East Fourth Street

Mr. Reynolds and Ms. Dolan sponsored Resolution 2008-181 that granted a Certificate of Appropriateness to renovate the building facades at 401-405 East Fourth Street.

H. Certificate of Appropriateness – 337 South New Street

Mr. Reynolds and Ms. Dolan sponsored Resolution 2008-182 that granted a Certificate of Appropriateness to renovate the storefronts at 337 South New Street.

I. Certificate of Appropriateness – 832 East Fourth Street

Mr. Reynolds and Ms. Dolan sponsored Resolution 2008-183 that granted a Certificate of Appropriateness to renovate the building facades at 832 East Fourth Street.

Voting AYE on Resolutions 11 B through 11 I: Mrs. Belinski, Ms. Dolan, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Leeson, 6. The Resolutions passed.

12. New Business

None.

13. COURTESY OF THE FLOOR

Various Issues

Eddie Rodriquez, 1845 Linden Street, complimented various City Departments for the good jobs they are doing. Mr. Rodriquez expressed his agreement with Mrs. Belinski’s comments regarding problems at Lehigh University. Mr. Rodriquez remarked on the sloppy conditions at Hillside Avenue and Fifth Street. Mr. Rodriquez thanked the Parks and Public Property Department for dealing with Yosko Park and expressed the hope that the wall can be modified. Mr. Rodriquez, stressing that boarded up buildings in the City should be taken down, highlighted the fact that there is an Ordinance prohibiting boarded up buildings. He added there is much debris on various properties and graffiti on storefronts. Mr. Rodriquez queried how many times must these issues be continually brought up before action is taken. Mr. Rodriquez advised that drugs are out of hand in the City and he will come to every meeting and talk about it. Mr. Rodriquez asserted the City is in dire need of security monitoring cameras because they can zoom in on action right away. Mr. Rodriquez highlighted the fact that these drug dealers and gang members are here. Mr. Rodriquez notified the assembly that Pawnee Street is infested with gang activity and drugs on a large scale, as well as Cherokee Street, Seminole Street, Itaska Street, and so on. Mr. Rodriquez said he wants action, the Police Vice Unit needs help, and the City needs to crack down on drug activity. Mr. Rodriquez also warned City officials about graffiti in the City.

Greenway and Transportation Issues

Stephen Antalics, 737 Ridge Street, recalled that several years ago prior to the Casino project the Greenway was a fine project but he said times have changed. Mr. Antalics informed the assembly that within the last 20 years this area has had a 35% increase in population and a 100% decrease in rail service. Mr. Antalics related that LVEDC said there is a rail network that would encompass Harrisburg, Lancaster, Philadelphia, Scranton, New York, Easton, Quakertown, Bethlehem, and Reading. Northampton County proposed a study to look at extended rail service to the Lehigh Valley connecting to New Jersey Transit. Lehigh County proposed a quarter million dollar project to look into the feasibility of rail service from New Jersey to the Lehigh Valley. Mr. Antalics asserted that a rail line would draw more young professionals into the City and add wealth to the City and its businesses, and rail could be the key to rebuilding urban cores. Mr. Antalics expressed the hope that steps can be taken to restore passenger rail service between eastern Pennsylvania and the New York megalopolis. He cited the number of buses that leave the Lehigh Valley for New York and Philadelphia, and highlighted the fact that there is no Amtrak service in the Lehigh Valley, and no easy train access to Philadelphia, northern New Jersey, and New York City. Mr. Antalics pointed out that local train service would provide access to the Philadelphia train station and access to the Federal Court House in Philadelphia, the SEPTA train and subway system, Manhattan, and the public airports. Mr. Antalics thought that Council should review the Greenway in view of what he has just explained since it is an idea that has lost its value.

Mr. Schweder advised that about a year and a half ago he discussed a proposal to restore transit service into New York City, and went to see elected officials in Allentown, Easton, Upper Saucon, Lower Saucon, Freemansburg, Palmer Township, Hanover Township – Lehigh County and Hanover Township – Northampton County, State Senators, and members of the General Assembly. Noting everyone was in favor of the idea although an elected official in Hanover Township – Northampton County had some reservations, Mr. Schweder stated he held meetings in Newark with representatives of the New Jersey Transit Authority, and they committed they could run a train through Philipsburg within eleven months. The train could have crossed the river and been brought into the Lehigh Valley onto the New Jersey Central railroad tracks. However, Mr. Schweder informed the assembly the matter has been held up by the Lehigh Valley Planning Commission in order to study it. Mr. Schweder pointed out the matter has already been studied, it is feasible, and there are ways to pay for it. Mr. Schweder observed it is not the fault of elected officials, and perhaps the Lehigh Valley Planning Commission should be brought into the 21st century.

Rail Service; Zoning Hearing Board – Developers Requests

Bill Scheirer, 1890 Eaton Avenue, thought that rail service will come back to Bethlehem and it is a question of when.

Mr. Scheirer stated that on the agenda of the last Zoning Hearing Board meeting there was a 2.7 acre site on Easton Avenue zoned RS – Residential on which there was a nursery and apartments, the agreement of sale was $1.4 million, and the application was to change from one special exception to another. The neighbors and the development team who were at the meeting came to an agreement that the uses permitted would be those in the CL – Limited Commercial District with two exceptions of a bar and a commercial communications tower. Concerning the 2 acre property zoned RS – Residential at 1559 Kelchner Road that sold for $750,000 on which 14 twin houses are proposed to be built, Mr. Scheirer said he has learned that an offer of $600,000 was given by someone who wanted to build 6 single family homes. Mr. Scheirer continued on to say the 6 single homes would have been almost identical to those that are to be built in the 1400 block of Kelchner Road that is also a 2 acre parcel. Mr. Scheirer observed the situation is that sellers hold out for the highest amount of money that is based on maximum density through variances.

Zoning Hearing Board – Developers Requests; Bond Issue

Chuck Nyul, 1966 Pinehurst Road, referring to Mr. Scheirer’s comments, proposed a solution by having a moratorium on builders who come into the City, find small plots and do whatever they want. Mr. Nyul stressed he wanted a solution from City officials to tell builders that they cannot do these things to the City by building a lot of structures in small areas. Mr. Nyul highlighted the fact that when the Kelchner Road and Pinehurst Road development was built it was all single family homes.

Mr. Nyul, questioning why the City is floating a $7 million bond, remarked that the City’s taxpayers must repay it.

City Center Repairs; Stratford Park; Developers Projects; City Credit Cards

Dana Grubb, 2420 Henderson Place, referring to Mrs. Belinski’s comments, did not think taxpayers should have to pay one penny for repairs to the City Center Plaza.

Mr. Grubb read from correspondence he received about an article published in the London Times about the lack of common sense, and the loss of truth, trust, discretion, and responsibility.

Mr. Grubb suggested that if the issue surrounding the appealing of the Zoning Hearing Board decision involving Stratford Park would have occurred in the neighborhoods in which Members of Council who voted against it lived then their votes might have taken a different vein. Mr. Grubb highlighted the fact that a number of residents in the area of Stratford Park had the courage to come before Council to express their concerns about what was happening in their neighborhood. Mr. Grubb asserted that the neighborhoods are under attack. Mr. Grubb remarked that the multi-unit town home building project at Mary Street that was referenced at a previous Council Meeting where there are established small single family homes is an obscenity in the neighborhood when it comes to scale and architecture. Continuing on to say it is going on in neighborhoods throughout the City, Mr. Grubb stressed no one is putting their foot down. Pointing out that Members of Council declined to support the Stratford Park residents who are their neighbors, voters, and taxpayers in the community, Mr. Grubb questioned where is the common sense of the Members of Council.

Mr. Grubb commented he has heard rumors about the use of credit or debit cards for City employees to make purchases. Mr. Grubb remarked that the City’s budget is in disarray, and questioned where is the common sense in considering issuing credit or debit cards.

Mr. Grubb said it is time that elected and appointed officials use common sense when it comes to governing in the community because the people in the community rely on them to do so.

Stratford Park; Surveillance Cameras; Transportation Issues

Peter Crownfield, 569 Brighton Street, expressing his agreement regarding Council’s voting against appealing the Zoning Hearing Board decision involving Stratford Park, said he was shocked and thought Council let the citizens down.

Mr. Crownfield expressed his agreement with Mr. Rodriquez about street crime and the need to do something about it. However, Mr. Crownfield said surveillance cameras have been studied in many communities and in every case it has been shown they do not reduce the crime rate. Mr. Crownfield stressed they have a chilling effect on civil liberties, and they are a waste of money.

Mr. Crownfield recalled that Steve Schmitt, of the Coalition for Alternative Transportation, talked about the need for rail service 3-4 years ago. Urging people to think about more than it being an issue of rail versus no rail, Mr. Crownfield noted there is light rail that means intra-Lehigh Valley transportation, and commuter rail that means transportation to New Jersey, New York City, Philadelphia and other distances. Observing it is known the casino will cause an increase in traffic from the east, Mr. Crownfield stated that might cause more attention to be paid to the matter. Adding that South Bethlehem is already congested, Mr. Crownfield said he cannot imagine a larger increase in traffic. Mr. Crownfield commented the Five Points traffic plan will address some problems, but not others, and certainly will not address most of the casino traffic problems. Mr. Crownfield communicated there is a problem with the Lehigh Valley Planning Commission and its transportation study. Mr. Crownfield said a huge subsidy is given every year to transportation in the form of road improvements and unneeded road improvements in that sections of Route 378 and Route 22 did not need repaving and so it was a waste of money.

The meeting was adjourned at 8:00 p.m.