Council MInutes

May 20, 2009

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Wednesday, May 20, 2009 – 7:00 PM

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

President Donchez called the meeting to order. Rabbi Allen Juda, Congregation Brith Shalom, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, Karen Dolan, Joseph F. Leeson, Jr., Gordon B. Mowrer, J. William Reynolds, J. Michael Schweder and Robert J. Donchez, 7.

4. APPROVAL OF MINUTES

The Minutes of May 5, 2009 were approved.

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

South Side Historic District

Stephen Antalics, 737 Ridge Street, suggested that historic sites on the South Side be designated with signs at McDonalds and the Casino because they represent the East and West limits of the South Side Historic District.

Gift of Real Estate - Lehigh Valley Industrial Park

Dana Grubb, 2420 Henderson Place, asked if the appropriate environmental reviews have taken place and for the property that is the gift of real estate from Lehigh Valley Industrial Park (LVIP) to the City as listed in Resolution 11 A and is being accepted by the City without liability.

President Donchez responded in the affirmative.

6. OLD BUSINESS.

A. Tabled Items

None.

B. Unfinished Business

1. Establishing Article 314 – Security Cameras
2. Bill No. 28 - 2008 – Amending Zoning Ordinance – Various Sections
3. Establishing Article 1716 – Landmarks and Properties of Historical Interest

C. Old Business – Members of Council

Broughal Middle School - Preservation

Ms. Dolan pointed out there has been a growing desire in the mind of many citizens to try to get involved in the preservation of Broughal Middle School, and recalled that in the past Council expressed its opinion on the matter. Observing there has been a change in the economy and the Bethlehem Area School Board is facing the need to raise funds to demolish the Broughal School building, Ms. Dolan thought that Council has a say in what happens to the citizens of Bethlehem and the places of significance in the City. Ms. Dolan said she cannot imagine the day when there is a wrecking ball at Broughal Middle School, and the beautiful auditorium comes down. Ms. Dolan thought it is time to look at the issue again. Ms. Dolan advised she talked to Chris Ussler, City Historic Officer, and with Joseph Kelly, Assistant City Solicitor, about the matter. She continued on to state that many people involved in the movement to protect Broughal Middle School want to have the demolition permit pulled. Ms. Dolan explained her understanding is that it is not possible to pull the demolition permit because it is connected to the overall plans for the entire site at Broughal Middle School.

Joseph Kelly, Assistant City Solicitor, advising that the building permit was issued after the land development and subdivision plan was issued, affirmed it was issued as one permit that called for the destruction of Broughal Middle School. Attorney Kelly restated the approved plan calls for the eventual destruction of Broughal Middle School as part of the plan that was submitted and approved.

Ms. Dolan queried, if Council were to take a vote to pull the permit, what would make that not possible.

Attorney Kelly explained he did not think that could be done because the approved plan calls for the destruction of Broughal Middle School. Attorney Kelly continued on to say the Bethlehem Area School District would have to go back and have the plans re-engineered to determine whether the storm water plan along with other matters related to the project would change. Attorney Kelly further advised it would have to be determined from the zoning perspective whether revised plans would meet the City’s Zoning Ordinance with both buildings still standing. Confirming that a final plan is conditioned on developers having to do certain things, Attorney Kelly highlighted the fact that the plan calls for one building standing and not both.

Ms. Dolan inquired about other possible avenues that might be explored at this point.

Attorney Kelly replied the only potential would be the Bethlehem Area School District filing an amended plan with the City, obtaining zoning relief if necessary, and making other alterations or engineering changes as may be required under the Subdivision and Land Development Ordinance.

Ms. Dolan thought that might be the most prudent way to go, in view of changes in the Bethlehem Area School District Board and in the School District Administration. Ms. Dolan noted there is a misconception that the reason why the old Broughal had to be demolished was to provide playing fields for the new Broughal. Ms. Dolan advised, in her discussions with Ms. Ussler and subsequently reviewing the plans, that is not true. The plot of land on which Broughal Middle School sits does not meet the standards for playing fields. Even if Broughal Middle School were knocked down and the new Broughal Middle School were built, the problem of how to provide adequate athletic space would still need to be faced. The plot in front of Broughal Middle School is more appropriately thought of as a front or rear yard because it is surrounded by very busy streets and is not large enough for a regulation football field, and baseball could not be played because of the glass feature of the new school. Ms. Dolan thought the residents of the South Side whose children go to Broughal School are under the impression that the old building needs to come down to provide athletic fields. Ms. Dolan, communicating that she strongly challenges that notion, commented the more fruitful way to proceed would be with more open and honest information than the information than has been disseminated in the past. Ms. Dolan noted she spoke with Mrs. Belinski before the Meeting who agreed with Ms. Dolan making these statements in view of the fact that Mrs. Belinski has taken the leading steps with regard to the matter.

7. COMMUNICATIONS

A. Director of Parks and Public Property – Municipal Utility Alliance - Electricity Procurement Program

The Clerk read a memorandum dated May 1, 2009 from Ralph E. Carp, Director of Parks and Public Property, to which was attached a proposed Resolution for participation in the Municipal Utility Alliance electric procurement program organized by the Pennsylvania League of Cities and Municipalities (PLCM). The intent of the electricity procurement program is to assist participating Pennsylvania municipalities in the procurement of their electricity needs when rate caps are no longer in effect. Bethlehem is within the PPL service territory whose rate cap is set to expire as of January 2010. The MUA program will provide local Governments the opportunity to join a buying group to procure electricity from a preferred supplier at prices more favorable than might otherwise be obtainable given the dramatic increase in electricity rates that is expected.

President Donchez stated that the appropriate Resolution can be placed on the June 2 Agenda.

B. City Solicitor – Use Permit Agreement – 2009 Borinquenfest

The Clerk read a memorandum dated May 14, 2009 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution for a Use Permit Agreement between the City and the Puerto Rican Cultural Coalition of Bethlehem for use of various City properties for the 2009 Borinquenfest according to the terms of the Agreement.

Ms. Dolan noted that the Use Permit Agreements do not contain requirements for recycling for special events. Ms. Dolan suggested that the same language for recycling as in the Use Permit Agreement for Musikfest should be in other Use Permit Agreements for festivals.

John F. Spirk, Jr., Esq., City Solicitor, advised that the matter would have to be discussed.

President Donchez stated that the appropriate Resolution can be placed on the June 2 Agenda.

C. City Solicitor – Street Vacation Ordinance – Portions of Marshall Street, Clinton Street and East North Street

The Clerk read a memorandum dated May 15, 2009 from John F. Spirk, Jr., Esq., City Solicitor, advising that the Solicitor’s Office is in receipt of Easement Agreements signed by Nitschmann, LLC for the PPL utilities and the City utilities located in the portions of Marshall Street, Clinton Street and East North Street to be vacated, and affirming that the Street Vacation Ordinance can be placed on Council’s Agenda for Final Reading.

President Donchez stated that Bill No. 14 – 2009 is on the Agenda for Final Reading.

8. REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Jason R. Henninger, Redevelopment Authority

Mayor Callahan appointed Jason R. Henninger to membership on the Redevelopment Authority effective until March 2014. Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-100 to confirm the appointment.

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

2. Administrative Order – Beth Starbuck, Historic Conservation District

Mayor Callahan reappointed Beth Starbuck to membership on the Historic Conservation District Commission effective until April 2012. Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-101 to confirm the appointment.

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

3. Administrative Order – Carol Dimopoulos, Fine Arts Commission

Mayor Callahan reappointed Carol Dimopoulos to membership on the Fine Arts Commission effective until May 2012. Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-102 to confirm the appointment.

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

4. Administrative Order – Stephen Elek, Plumbers’ Examining Board

Mayor Callahan reappointed Stephen Elek to membership on the Plumbers’ Examining Board effective until June 2013. Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-103 to confirm the appointment.

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

5. Administrative Order – Michael J. Maurer, Plumbers’ Examining Board

Mayor Callahan reappointed Michael J. Maurer to membership on the Plumbers’ Examining Board effective until June 2013. Mr. Reynolds and Mr. Leeson sponsored Resolution No. 2009-104 to confirm the appointment.

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

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 11 – 2009 – Amending Article 107 – Departments of Administration, Parks and Public Property, and Public Works

The Clerk read Bill No. 11 – 2009 – Amending Article 107 – Departments of Administration, Parks and Public Property, and Public Works, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 11 – 2009, hereafter to be known as Ordinance 2009-12, was declared adopted.

B. Bill No. 12 – 2009 – Amending Article 109 – City Treasurer – Bond and Insurance

The Clerk read Bill No. 12 – 2009 – Amending Article 109 – City Treasurer – Bond and Insurance, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 12 – 2009, hereafter to be known as Ordinance 2009-13, was declared adopted.

C. Bill No. 13 – 2009 – Amending Article 111 – City Controller – Bond Required

The Clerk read Bill No. 13 – 2009 – Amending Article 111 – City Controller – Bond Required, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 13 – 2009, hereafter to be known as Ordinance 2009-14, was declared adopted.

D. Bill No. 14 – 2009 – Street Vacation – Portions of Marshall Street, Clinton Street and East North Street

The Clerk read Bill No. 14 – 2009 – Street Vacation – Portions of Marshall Street, Clinton Street and East North Street, on Final Reading.

Voting AYE: Mrs. Belinski, Ms. Dolan, Mr. Leeson, Mr. Mowrer, Mr. Reynolds, Mr. Schweder, and Mr. Donchez, 7. Bill No. 14 – 2009, hereafter to be known as Ordinance 2009-15, was declared adopted.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Accepting Gift of Real Estate from LVIP – Applebutter Road

Mr. Reynolds and Mrs. Belinski sponsored Resolution No. 2009-105 that authorized the acceptance by the City of a gift of real estate from Lehigh Valley Industrial Park, Inc. (LVIP) for land along Applebutter Road, Northampton County Tax Parcel No. P7-8-1, by way of Quit Claim Deed and the execution by the Mayor and Controller of any and all agreements related thereto.

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

B. Certificate of Appropriateness – Historic District Signs

Mr. Reynolds and Mrs. Belinski sponsored Resolution No. 2009-106 that granted a Certificate of Appropriateness to install signs throughout the historic district to guide walkers along the streets and walking trails of the City.

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

C. Certificate of Appropriateness – 407 Center Street

Mr. Reynolds and Mrs. Belinski sponsored Resolution No. 2009-107 that granted a Certificate of Appropriateness to install six squares of Slateline Antique Slate shingles on the south side shed dormer at 407 Center Street.

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

D. Certificate of Appropriateness – 370 Main Street

Mr. Reynolds and Mrs. Belinski sponsored Resolution No. 2009-108 that granted a Certificate of Appropriateness to change the material previously approved for new dumpster screening/gate at 370 Main Street, Hurd Campus Residence Hall of Moravian College.

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

E. Certificate of Appropriateness – 500 Main Street

Mr. Reynolds and Mrs. Belinski sponsored Resolution No. 2009-109 that granted a Certificate of Appropriateness to paint the façade at 500 Main Street.

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

F. Certificate of Appropriateness – 81 W. Broad Street

Mr. Reynolds and Mrs. Belinski sponsored Resolution No. 2009-110 that granted a Certificate of Appropriateness to install awnings, a projecting sign, menu board, and exterior light fixture at 81 West Broad Street.

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

12. NEW BUSINESS

Committee Announcements

President Donchez announced that City Council will meet as a Committee of the Whole Meeting on Tuesday, June 16, 2009 at 6:00 PM in Town Hall for a Presentation on the Bi-County Health Department.

Chairman Leeson re-announced a Finance Committee meeting on May 21, 2009 at 4:30 PM in the Mayor’s Conference Room.

New Downtown Shuttle

Mrs. Belinski noted that the Inaugural Run for the unveiling of the new Downtown Shuttle called The Loop will take place tomorrow, Thursday, May 21 at 3:30 PM in front of City Hall. Advising she would like to participate, Mrs. Belinski highlighted the fact that the time presents a conflict for her because that is the time of the Bethlehem Authority meeting that she attends.

President Donchez, observing there is also a Finance Committee meeting tomorrow at 4:30 PM, wondered if the time of the shuttle could be changed.

Primary Election Winners

Mr. Mowrer congratulated the individuals who won the Primary Election as City Council candidates: Jean Belinski and Karen Dolan who are incumbents, David DiGiacinto and Eric Evans.

13. COURTESY OF THE FLOOR

Broughal Middle School - Preservation

Jack Abel, 422 Thomas Street, congratulated Ms. Dolan and Mrs. Belinski on their efforts to preserve Broughal Middle School. Mr. Abel, noting he resides on the South Side, said he cannot imagine why this is an issue and encouraged Council to apply all the pressure they possibly can to some way save the Broughal School building or perhaps enter into a bargaining situation with Lehigh University so that something could be traded. Mr. Abel stressed that to lose a building like this that has historical importance on the South Side does not seem reasonable.

Bill Scheirer, 1890 Eaton Avenue, observed that a blanket permit was approved for Broughal Middle School and thought City Council has the authority to say that the building should not be demolished. Mr. Scheirer asserted that Broughal Middle School should not be demolished notwithstanding any provision of the Zoning Code. Mr. Scheirer commented the question is whether Council has the will to confront the School Board. Mr. Scheirer said the Bethlehem Citizens Association sent to the School Board candidates a survey on which one of the questions was about Broughal Middle School, and about 50% of the candidates wanted to save Broughal Middle School if there is a way to do it. Mr. Scheirer remarked he cannot stand the thought of Broughal Middle School being demolished that would be an unmitigated waste. Mr. Scheirer stressed that the history of Bethlehem will record the demolition of the Broughal School building, and Council should go on record as to whether or not the Members support the demolition. Mr. Scheirer stated it should not be said that the School District demolished a grand old building and City Council stood by.

Sands Casino in Bethlehem

Robert Pfenning, 2830 Linden Street, advised that Bethlehem’s Sands Casino was mentioned in the opening remarks at yesterday’s East Coast Gaming Congress meeting in Atlantic City, New Jersey. Mr. Pfenning noted the industry classifies the Sands Casino’s Bethlehem project as a convenience gambling facility as opposed to a destination resort since there is no retail, hotel, or spa at the casino in Bethlehem. Mr. Pfenning observed when the hotel opens with 300 rooms that is still under Atlantic City’s requirement of 500 rooms for an opening facility. Mr. Pfenning advised the assembly that experts at the Gaming Congress gave the impression that Bethlehem’s Sands Casino would be successful, and one analyst pointed out there is no shore or beach traffic in the summer on the way to Bethlehem. Mr. Pfenning added one of the executives noted there is a western Pennsylvania racino license currently in limbo because the operators could not get financing. If the application fails, a new category two license that is a stand alone casino like the Sands will be created and go to the eastern portion of the State. Mr. Pfenning commented the industry expects table games to come to Pennsylvania. Mr. Pfenning further noted that the Sands Casino has an aggressive bus program including a direct line run from Port Authority in New York City to Bethlehem five times a day during the week and seven times on the weekends. In addition, the Casino has a celebrity restaurant and full entertainment schedule. Mr. Pfenning observed no other facility in eastern Pennsylvania matches that. Mr. Pfenning, commenting that the revenue estimates are around $255 per slot machine per day, observed the amount would decrease when more machines are added in November but there will be a reasonable basis for the City’s 2010 budget projections.

Mr. Pfenning, commenting that the gaming revenue authority issue is still under discussion in Northampton County, said Northampton County Council has created the authority and designated the members. Mr. Pfenning noted that Mayor Callahan named Joseph Kelly, Assistant City Solicitor, as Bethlehem’s representative. Mr. Pfenning explained that tomorrow night Northampton County Council will get an amendment to the ordinance that created the gaming revenue authority to delete the ex-officio elected officials and add five representatives.

Broughal Middle School and Various Issues

Eddie Rodriquez, 1845 Linden Street, said he would like to see something be done to retain Broughal Middle School, and asked Council to get in contact with the School District and Zoning office and make the changes. Mr. Rodriquez communicated he has changed his mind about the Greenway and felt that youth deserve a second chance since they have nothing to do but get into trouble. Mr. Rodriquez commented there is a lack of communication between Police Officers and its leadership, and asserted there is something definitely wrong at the top. Mr. Rodriquez recommended that Officer Ogrodnick be returned to the Five Points Substation and said he is desperately needed there. Mr. Rodriquez thought that not enough is being done for youth. Mr. Rodriquez told the assembly that he sees some lack of enforcement with some Police Officers, and thought the foot patrol should be reinstated to deal with individuals directly where problems occur. Mr. Rodriquez, stating he is recommending a security camera at Pawnee and Dakotah Streets, said this is a key area in addition to Ontario and Itaska Streets, Sixth and Atlantic Streets at Yosko Park, East Fourth and Shaw Streets. Mr. Rodriquez said the officers in the substations should patrol more in the Yosko Park area because of drugs. Stressing that the City cannot shy away from problems, Mr. Rodriquez also stated that gangs must be dealt with. Mr. Rodriquez commented there is disrespect shown to him on the part of some desk sergeants.

Terry Meixell, 56 East Goepp Street, expressed the hope that manholes are raised when street overlays are done. Mr. Meixell thought that consideration could be given to overlaying North New Street from Broad Street to Church Street, and West Lehigh Street from the bridge to Center Street. Mr. Meixell communicated he finds it problematic that some City vehicles are not labeled and one does not know to which Department or Bureau the vehicle belongs. Mr. Meixell said he does not know if the One Way Pairing in the Five Points area meets with the State’s approval yet and thought someone should look into it. Mr. Meixell commented that eminent domain could be useful in the case of Broughal Middle School, and suggested the Boys and Girls Club be moved there so that they have a bigger facility to provide more programs. Mr. Meixell noted he has seen an all-inclusive electric bill for the swimming pool, ice skating rink, and golf course but the charges are not broken out for each separate facility. Mr. Meixell said that Mr. Leeson and Mr. Schweder are two fine Council Members who will be sorely missed.

Louise Valeriano, 3114 East Boulevard, thanked the City staff for fixing the light so quickly on Shaw Street that she had mentioned was out at the last Council Meeting. Ms. Valeriano asked if there is an update on the area outside of the West gate of the City Garage that is very dark. Ms. Valeriano noted when one turns right off the Minsi Trail Bridge onto Daly Avenue and Third Street the manholes are too high. Ms. Valeriano, observing the City does not have a program to deal with stray cats, advised she was informed by the Police Department that there is a spay and neuter and release program. Ms. Valeriano, notifying the assembly she would be willing to donate the money, suggested that cats be taken to the SPCA and kept there until homes are found for them, rather than being brought back into the neighborhoods.

Dana Grubb, 2420 Henderson Place, noted some potential reuses for Broughal Middle School were heard tonight such as youth programs and community center, and thought the City should be of one accord on the issue. Mr. Grubb noted there was a policy that every City vehicle must have a City insignia on it so that the vehicles can be seen in action throughout the City, and so that there is accountability for where the vehicles may be taken. Mr. Grubb thanked the Public Works Department for fixing the potholes on Henderson Place in such a timely manner. Mr. Grubb recalled that less than ten years ago the City borrowed $8 million from HUD to install a sidewalk barrier at Daly Avenue on which the City is still paying, but now the plans have changed and it is being torn out. Mr. Grubb thought the City should redouble its planning efforts on plans throughout the City.

Mary Pongracz, 321 West Fourth Street, stressed that crime does not have an address and she is tired of people picking on the South Side. She remarked that people who buy drugs probably come from other areas of the City, and resented the implication that crime and drugs are rampant only on the South Side. Ms. Pongracz expressed her agreement that to tear down Broughal Middle School, that is a national treasure designed by A. W. Leh who is a well-recognized architect, because it is old is a disgrace and an abomination. Ms. Pongracz, noting there are thousands of heroes in the area and nation, thanked the firefighters, police, nurses, EMT’s, educators, and others who are heroes everyday in someone’s life. Ms. Pongracz added that everyone who serves on Council deserves a medal of commendation.

Primary Election

Stephen Antalics, 737 Ridge Street, noted that yesterday at the voting places he learned there is a difference between perception and reality. Mr. Antalics thought the reality of people to be elected should be based on what citizens have observed, and said some older citizens were cynical about politicians but they stated it was their job to vote.

Broughal Middle School

Mr. Reynolds queried what was the nature of Council’s past position on Broughal Middle School. President Donchez recalled a vote was not taken but rather a letter was sent to the Superintendent of the Bethlehem Area School District recommending that Broughal Middle School not be demolished. Mr. Mowrer, expressing his concurrence, noted Council had felt it was not their concern because the School Board was responsible for the schools and Council went on record with what they felt about the issue. Ms. Dolan added that City Council was not able to take a vote because it was a matter for the Zoning Hearing Board or Planning Commission.

The meeting was adjourned at 8:10 p.m.