BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, September 6, 2011 – 7:00 PM

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

President Robert J. Donchez called the meeting to order. Reverend Wayne E. Killian, of University Parish of Holy Ghost Church, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, David T. DiGiacinto, Karen Dolan, Eric R. Evans, Gordon B. Mowrer, J. William Reynolds, and Robert J. Donchez, 7.

CITATIONS - Honoring Wayne W. Beahm and Edward J. Repyneck, Jr.

President Donchez stated that the Citations honoring Wayne W. Beahm on the occasion of his retirement after 23 years of service in the Fire Department, and honoring Edward J. Repyneck, Jr. on the occasion of his retirement after 22 years of service in the Police Department will be sent to them since they were unable to attend the Meeting this evening.

4. APPROVAL OF MINUTES

The Minutes of August 16, 2011 were approved.

Use Permit Agreement for Public Property – Greater Lehigh Valley Chamber of Commerce –
M&T Appreciation Event – Removed from Agenda

President Donchez informed the assembly that since a Use Permit Agreement is not required for the M&T Appreciation Event, Communication 7 A and Resolution 11 C are removed from this evening’s Agenda.

5. COURTESY OF THE FLOOR

None.

6. OLD BUSINESS.

A. Old Business – Members of Council

Live Feed/Video Streaming of Council Meetings

President Donchez affirmed that he sent a memorandum to the Members of Council, along with pricing information, inquiring whether they are interested in placing video streaming in City Council’s proposed 2012 Budget. A response is requested by September 12, 2012.

B. Tabled Items

None.

C. Unfinished Business

None.

7. COMMUNICATIONS

B. City Solicitor – Use Permit Agreement for Public Property – Greater Lehigh Valley Chamber of Commerce – Bethlehem Fall Fashion Event

The Clerk read a memorandum dated September 1, 2011 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and associated Use Permit Agreement between the Greater Lehigh Valley Chamber of Commerce and the City of Bethlehem for use of Main Street from Broad Street to Market Street and Walnut Street for the Bethlehem Fall Fashion Event on October 15, 2011, according to the Agreement.

President Donchez stated that the Resolution will be on the September 20 Agenda.
8. REPORTS

A. President of Council

Historic Bethlehem Area – Flooding

President Donchez, affirming that the Historic Bethlehem area in the vicinity of Monocacy Creek and Conestoga Street frequently floods as occurred a week ago because of Hurricane Irene, asked if the organization has its own insurance, and what is the cost of the premiums due to the frequency of flooding. Dennis Reichard, Business Administrator, thought that Historic Bethlehem Partnership has its own insurance policy, since the City no longer reimburses them. President Donchez asked that the matter be reviewed and a response provided.

B. Mayor

1. Administrative Order – Timothy Wynn Fox – Fine Arts Commission

Mr. Reichard read the Administrative Order for Mayor Callahan’s reappointment of Timothy Wynn Fox to membership on the Fine Arts Commission effective through August 2014. Ms. Dolan and Mr. Reynolds sponsored Resolution No. 2011-143 to confirm the appointment.

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

2. Administrative Order – Barbara Pearson – Fine Arts Commission

Mr. Reichard read the Administrative Order for Mayor Callahan’s appointment of Barbara Pearson to membership on the Fine Arts Commission effective through May 2013. Ms. Dolan and Mr. Reynolds sponsored Resolution No. 2011-144 to confirm the appointment.

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

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 20 – 2011 – Amending Community Development Budget – CDBG and HOME Programs –
Final Allocation

The Clerk read Bill No. 20 – 2011 – Amending Community Development Budget – CDBG and HOME Programs – Final Allocation, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 20 - 2011, hereafter to be known as Ordinance 2011-21, was declared adopted.

10. NEW ORDINANCES

B. Bill No. 21 – 2011 – Authorizing Intergovernmental Cooperation and Purchase and Sale Agreement – East Allen Township and East Allen Township Municipal Authority – Purchase of East Allen Township Municipal Authority Water System

The Clerk read Bill No. 21 – 2011 - Authorizing Intergovernmental Cooperation and Purchase and Sale Agreement – East Allen Township and East Allen Township Municipal Authority – Purchase of East Allen Township Municipal Authority Water System, sponsored by Ms. Dolan and Mrs. Belinski and titled:

AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
COOPERATION AND PURCHASE AND SALE AGREEMENT BETWEEN
THE CITY OF BETHLEHEM, BETHLEHEM AUTHORITY, EAST ALLEN
TOWNSHIP AND EAST ALLEN TOWNSHIP MUNICIPAL AUTHORITY
TO PERMIT THE CITY OF BETHLEHEM AND BETHLEHEM AUTHORITY
TO ACQUIRE THE EAST ALLEN TOWNSHIP MUNICIPAL WATER SYSTEM

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 21 – 2011 was declared adopted on First Reading.

11. RESOLUTIONS

A. Authorizing Use Permit Agreement for Public Property – Celtic Fest, Inc. – Celtic Classic 2011,
2012 and 2013

Ms. Dolan and Mr. Mowrer sponsored Resolution 2011-145 that authorized a Use Permit Agreement for Public Property between Celtic Fest, Inc. and the City of Bethlehem for use of various public properties, streets, and Sand Island West for the Celtic Classic 2011, 2012 and 2013 for the stated time periods, according to the Agreement.

Flooding Issues

Ms. Dolan, noting that Celtic Classic has events scheduled in the area of Volksplatz at the same site as one of the Musikfest venues, observed that seasonal flooding occurs in the area. Ms. Dolan thought the City might have to pay the costs of reevaluating and changing the area dramatically. She expressed concern that since the Dam in the Monocacy Creek may be removed in the future anything that is paved in the flood zone will have to be switched to a permeable surface if there is any hope of saving and protecting the Historic Bethlehem properties that are located downstream. Joseph Kelly, Director of Community and Economic Development, pointed out that the area encompassing Celtic Fest has been decreased. Ms. Dolan asked if the described area has experienced floods as a result of the recent storms. Michael Alkhal, Director of Public Works, replied that about six inches of water was in the area and spread out about 40 feet outside the bank of the Monocacy Creek during the last storm. Ms. Dolan asked what impact the dam removal project will have on flooding downstream. Ralph Carp, Director of Parks and Public Property, commented there will not be definitive answers until the work is done. Mr. Carp continued on to affirm that meetings were held with the Army Corps of Engineers, DEP, PHMC, and Charlene Donchez-Mowers from the Historic Bethlehem Partnership to talk about dam removal and potential impacts. Mr. Carp, confirming the area is in a flood plain, said it is 13 feet higher today than when it was originally built, and there is a significant increase in storm water. Mr. Carp expressed the hope that removing the Monocacy Dam will be the first measure to ameliorate the flooding. Other measures will be evaluated to expand the stream’s capacity to carry water or detain water upstream to help alleviate some of the flooding from even minor storm events. Ms. Dolan recalled it had been questioned whether the Dam in Johnston Park was historic and consequently could not be removed. Mr. Carp confirmed the Dam is part of the Historic District that encompasses the Colonial Industrial Quarter and there is no ambiguity on the part of PHMC as to whether the Dam is considered historic, as are the stone walls and the stone arch bridge that dates back to 1760, and the original historic buildings, that are part of the Historic Register District. Mr. Carp advised that a verbal agreement was reached on how the City could move forward with a memorandum of agreement between the City, the Army Corps of Engineers, and PHMC. The agreement needs to be finalized, reviewed, approved, and accepted by the Army Corps of Engineers, PHMC, and DEP. Ms. Dolan inquired about grants. Mr. Carp replied there is a grant application through NOAH, to be passed through American Rivers Foundation, and to DCNR. The construction timeline may be July 2012. Ms. Dolan inquired about long-term solutions to the flooding problems that are occurring more frequently, or restricting usage of the flood zone areas. Mr. Carp replied there have been numerous conversations with professionals including Army Corps of Engineers, DEP, and Mr. Alkhal. There is agreement that taking some measures is prudent. Mr. Carp explained that while taking the dam out may prove beneficial it cannot be guaranteed. Restoring the riparian buffer, more plantings, and limiting programming of events are among other possible ideas. Mr. Carp communicated it is also a larger, more regional issue that has to be tackled. Ms. Dolan encouraged that whatever measures are necessary be taken. She added that although a regional approach might be ideal, if it cannot be addressed in an adequate timeline then protection still has to be undertaken for the City of Bethlehem. Mr. Carp added the City has submitted an application to DEP for Growing Greener funds to take measures in the Monocacy Park section.

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

B. Authorizing Use Permit Agreement for Public Property – ArtsQuest – Fall 2011 SteelStacks Festivals/Events

Ms. Dolan and Mr. Mowrer sponsored Resolution 2011-146 that authorized a Use Permit Agreement for Public Property between ArtsQuest and the City of Bethlehem for use of First Street from Founders Way East to Eastern Terminus for the Fall 2011 SteelStacks Festivals/Events for the stated time periods, according to the Agreement.

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

D. Transfer of Funds – Limited Fixed Term Contracts

Mr. Reynolds and Mr. Evans sponsored Resolution 2011-147 that transferred $13,010 in the General Fund Budget from the following accounts: $5,300 – Taxes - Professional Services, $1,210 – Recycling - Temporary Help, and $6,500 – Fire – Operating Supplies to the following: $5,000 – Financial Services – Temporary Help, $300 – Human Resources – Temporary Help, $1,210 – Planning and Zoning – Temporary Help, and $6,500 – Fire – Temporary Help, in order to ensure enough funds remain for the contract positions.

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

E. Transfer of Funds – EMS – Temporary Help

Mr. Reynolds and Mr. Evans sponsored Resolution 2011-148 that transferred $67,775 in the General Fund Budget from the following accounts: $55,775 – EMS – Overtime, $10,000 – EMS – Equipment, and $2,000 – EMS – Other Expenses, to EMS – Temporary Help, in order to provide additional funding needed in the account.

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

Motion – Considering Resolutions as a Group

Mr. Evans and Mr. Mowrer moved to consider Resolutions 11 F through 11 J as a group. Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. The motion passed.

F. Certificate of Appropriateness – 418 Main Street

Ms. Dolan and Mr. DiGiacinto sponsored Resolution 2011-149 that granted a Certificate of Appropriateness to replace five ground lights with taller bollard lights at the Central Moravian Church at 418 Main Street.

G. Certificate of Appropriateness – 520 Main Street

Ms. Dolan and Mr. DiGiacinto sponsored Resolution 2011-150 that granted a Certificate of Appropriateness to install 7 tables and 15 chairs on the sidewalk at 520 Main Street.

H. Certificate of Appropriateness – 425-427 East Fourth Street

Ms. Dolan and Mr. DiGiacinto sponsored Resolution 2011-151 that granted a Certificate of Appropriateness to replace the existing vinyl siding, to install new composite wood trim and pilasters, to install lettering above the transoms and a projecting sign at 425-427 East Fourth Street.

I. Certificate of Appropriateness – 118 East Third Street

Ms. Dolan and Mr. DiGiacinto sponsored Resolution 2011-152 that granted a Certificate of Appropriateness to install a new sign at 118 East Third Street.

J. Certificate of Appropriateness – 15 East Third Street

Ms. Dolan and Mr. DiGiacinto sponsored Resolution 2011-153 that granted a Certificate of Appropriateness to install window signage at 15 East Third Street.

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

12. NEW BUSINESS.

Committee Announcements

President Donchez announced that City Council will meet as a Committee of the Whole on
Tuesday, September 27 at 7:00 PM in Town Hall to continue review of the proposed new Zoning
Ordinance.

Chairman DiGiacinto announced a Public Safety Committee meeting on Thursday,
September 8, 2011 at 7:00 PM in Town Hall on the Dewberry Fire Station and EMS Facility –
Discussion and Public Comment.

Chairman Reynolds announced a Finance Committee meeting on Monday, September
26, 2011 at 7:00 PM in Town Hall on 2010 Audit.

13. COURTESY OF THE FLOOR

Monocacy Creek - Flooding

Eddie Rodriquez, 701 Main Street, expressing his concern about Monocacy Creek and flooding issues, pointed out there are trees down in the area of the Silk Mill that also creates problems in the area of the Union Boulevard Bridge. Between Moravian House II and the HUD building the Creek is lower in one section and higher in another, there is a large trench in the vicinity of the Tannery, and an open area where there is no retaining wall so the Monocacy Creek overflows into that area. Mr. Rodriquez stated someone is stealing the retaining wall stones, and thought a camera should be installed in the area.

Flooding Issues

Dana Grubb, 2420 Henderson Place, commented that Council Member Dolan raised a good point about possibly not leasing the areas that are subject to flooding. Mr. Grubb added he is not sure that allowing people to use the facilities is the right move until other steps can be taken to address the flooding situation. Mr. Grubb, referring to the heavy rains during Musikfest, mentioned there may not have been a very good evacuation plan, particularly for the vendors in view of the losses they suffered. Mr. Grubb pointed out that Norfolk Southern Railroad Company removed obstructions at their bridges as soon as the storm was occurring to prevent backup of the water flow. Mr. Grubb suggested that perhaps the City could adopt a similar strategy or contact Norfolk Southern about their approach to the high water in the area. Mr. Grubb, expressing his opinion that removing the Dam at the Monocacy Creek would probably not do anything, highlighted the fact that the dam at Saucon Park and a small dam at Saucon Creek were removed and he has never seen Saucon Park as devastated as after this past storm. Mr. Grubb, pointing out that these streams never flooded as much in the past, stressed it is from all the development upstream and creation of so many impervious surfaces. Mr. Grubb emphasized that the communities that have the development grow their tax base while it erodes the tax base of the communities downstream that are subjected to the damage, and taxpayers pay the penalty for all the development. Mr. Grubb agreed with the comments of Mr. Rodriquez that the silt is now at the top of the falls of the Monocacy Creek.

Historic Preservation Ordinance

Stephen Antalics, 737 Ridge Street, referring to a recent newspaper article, noted it was stated there are four churches that are closed. One is being considered for affordable housing, and the church would have to be demolished for the project. Mr. Antalics continued on to note the second church will probably be demolished. At the third church, St. John’s Capistrano, Mr. Antalics found the stained glass windows were stripped out, the altars and pews were gone, and denoted that the alternative is to tear it down. Advising that the fate of St. Joseph’s Church is under appeal at the Vatican, Mr. Antalics highlighted the fact that the statues were taken from the altars and placed in the middle of the aisle that is a precedent to stripping the church of its contents. Mr. Antalics commented that in the article it was reported that the shuttered churches are on a proposed list of properties that could not be demolished without City Council approval since they are on the list of historic sites on the South Side. Mr. Antalics asserted that the South Bethlehem Historic Society is a paper tiger and cannot stop impending demolition. Mr. Antalics remarked that City Council is toothless tiger because if these events take place before an Ordinance is in place to prevent it then these buildings will be gone. Mr. Antalics pointed out that Council Member Belinski brought forward a proposal several years ago for an Ordinance to address historic preservation on the South Side that is in limbo. Mr. Antalics stressed that if City Council had sincere interest and concern with the preservation of South Side buildings the Ordinance should have been passed months ago. Mr. Antalics queried whether City Council is going to wait, as occurred with Broughal Middle School and other buildings, until the buildings are gone. Mr. Antalics questioned, if City Council is concerned with South Side preservation, when will City Council pass the Ordinance to protect it and provide the ability to stop demolition.

President Donchez advised that before last week’s Committee of the Whole Meeting on the review of the proposed new Zoning Ordinance, he had asked Darlene Heller, Director of Planning and Zoning, about the status of the historic preservation ordinance and was informed it would come before City Council probably at the beginning of next year.

Mr. Antalics asserted that City Council has the power to pass the Ordinance and does not need the Administration to tell them that they cannot pass the Ordinance. Mr. Antalics exclaimed that the buildings will be gone by the time an Ordinance would be passed, and asked why the Ordinance cannot be passed now.

Historic Preservation Ordinance; Proposed New Zoning Ordinance

Bill Scheirer, 1890 Eaton Avenue, affirmed that he supports the idea of an Ordinance where City Council would have to vote on demolition of historic structures. Mr. Scheirer, referring to the proposed new Zoning Ordinance, commented that changing certain areas from CG General Commercial to CL Limited Commercial does not seem to be a downzoning. Mr. Scheirer pointed out that the new height limits in CL will be higher than the current limits in CG. Mr. Scheirer, enumerating use changes in the proposed CL District, advised that communications towers will no longer be allowed as a matter of right in CL. Certain things that could have been done by special exception are now forbidden including parking lots, residential treatment facilities, funeral homes with a crematorium, personal care centers and assisted living facilities. There is a change in terminology from bar to tavern. Bars were previously permitted as a matter of right; taverns would be permitted by special exception. Changing from special exception to permitted by right are child day care centers and bed and breakfasts. Mr. Scheirer highlighted new uses that would be allowed in CL, or neighborhood Commercial, as follows: amusement arcade, arena, performing arts center, auditorium, exhibition trade show center, bus, taxi, or passenger rail terminal, construction company headquarters, auction house, microbrewery with restaurant, recording studios, indoor bowling alley, roller rink, ice rink, or batting practice, banquet hall up to 10,000 sq. ft., shopping center up to 10,000 sq. ft., tattoo or body piercing, television or radio broadcasting studio, indoor movie theater or live theater, trade school, cemetery, college or university, museum, day care center for adults, emergency service station or training facility, sewage pump stations, solar energy collection systems, and wind turbines. Mr. Scheirer remarked that a lot of work still needs to be done on the proposed new Zoning Ordinance.

Live Feed of Meetings; EMS Facility and Dewberry Fire Station; Zoning Hearing Board

Al Bernotas, 1004 Johnston Drive, asked whether City Council will have an RSS feed system in Town Hall. President Donchez advised that the issue has been researched, and information and prices have been provided to the Members of Council for their review. If there is a consensus then the system will be put into City Council’s proposed 2012 Budget. In further response to Mr. Bernotas, President Donchez explained that if a live feed system were to be installed it would give the ability to other boards and commissions to use it if they wanted to have live feed.

Mr. Bernotas read from an email he received noting that a decision to close Engine No. 7 is totally up to the Mayor, the labor contract arbitrator must sign off on a manning decrease in order to close it and still pay payroll costs. Once Dewberry Fire Station is closed, Council would transfer funds from the lock box account to the General Fund to have cash to make payroll. It remains to be seen if at least a new fire pumper is ordered first or whether the full amount would go to pay current bills. Given Mr. Carp’s estimates for rehabbing the Stefko Boulevard EMS Center and the Dewberry Fire Station for EMS quarters, there should be sufficient funds in the lock box account to pay for a new pumper. But even with the transfer it is questionable whether any funds will be spent this year on an EMS rehabilitation project since it would be done after the election so incumbents do not have to support the closing of the Dewberry Fire Station. President Donchez noted there are a lot of hypotheticals in the comments.

Mr. Bernotas stressed that with the guidance and legal advise of their Solicitor, the Zoning Hearing Board has resumed its practice of muzzling the residents of Bethlehem when they attend Zoning Hearing Board meetings as interested parties. At the August 24, 2011 Zoning Hearing Board meeting four residents were denied the opportunity to speak about appeals. He continued on to state that lawyers for the appellants aired their concerns that interested parties had no standing in the appeal. Mr. Bernotas questioned why the Chairman of the Zoning Hearing Board would not let the residents speak about their concerns.

The meeting was adjourned at 7:55 p.m.