BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, October 18, 2011 – 7:00 PM

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

President Robert J. Donchez called the meeting to order. Reverend Evelyn Leon, of El Shaddai Bethlehem Ministries, 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.

- PUBLIC HEARING

Proposed 2012 CDBG and HOME Programs

Prior to the consideration of the regular Agenda items, President Donchez called to order a Public Hearing to consider the Proposed 2012 CDBG and HOME Programs.

Irene Woodward, Housing and Community Development Planner, presented the proposed
2012 Action Plan that includes funding under the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs. Ms. Woodward affirmed that the proposed budget was reviewed at the Community Development Committee meeting of October 4, 2011. Ms. Woodward advised the anticipated budget for the CDBG program for 2012 is $1,300,000. She explained that the program budget estimate was calculated by using the 2011 allocation and decreasing it by 15%. It is anticipated that the HOME budget will be about $475,000. Also included are reprogrammed funds of $150,000 and program income of $15,899 for a total of $640,899. Ms. Woodward confirmed that many of the programs proposed for 2012 have been funded previously. New CDBG proposals for 2012 are: Fire Truck - $265,000; North Penn Legal Services - $20,000 – for work on fair housing complaints, outreach, and education. New HOME proposals include: continuation of funding for Housing Development Corporation (HDC) towards the proposed development of affordable apartment units in South Bethlehem at the site of St. Stanislaus Church; and, Valley Housing Development Corporation for rehabilitation of existing affordable apartment units in South and West Bethlehem along with a new tax credit deal.

No comment was made from the Public.

President Donchez stated that the Resolution will be placed on the November 1 Council Agenda.

The Public Hearing was adjourned at 7:05 P.M.

4. APPROVAL OF MINUTES

The Minutes of October 4, 2011 were approved.

5. COURTESY OF THE FLOOR

None.

6. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

7. COMMUNICATIONS

A. Business Administrator –2011 State Aid Pension Amounts

The Clerk read a memorandum dated October 14, 2011 from Dennis W. Reichard, Business Administrator, advising that State Pension Aid in the amount of $5,036,787.63 was received, and the proceeds have been allocated to the Police - MMO, Fire - MMO, O&E – MMO, Reimbursement – Pension Bond Payment 5/1/11, and Reimbursement – Pension Bond Payment 11/1/11.

President Donchez stated that Resolution 11 J is listed on the Agenda.

8. REPORTS

A. President of Council

B. Mayor

1. Administrative Order – Iris Linares – Bethlehem Housing Authority

Mayor Callahan reappointed Iris Linares to membership on the Bethlehem Housing Authority effective until October 2016. Mrs. Belinski and Mr. Mowrer sponsored Resolution 2011-175 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. 22 – 2011 – Amending General Fund Budget – Health Grants and PA Liquor Control
Board Grant – Police Overtime

The Clerk read Bill No. 22 – 2011 – Amending General Fund Budget – Health Grants and PA Liquor Control Board Grant – Police Overtime, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 22 – 2011 hereafter to be known as Ordinance 2011-23, was declared adopted.

B. Bill No. 23 – 2011 Amending Non-Utility Capital Budget – Clearview Pool; Richard Avenue; Turnberry Mews

The Clerk read Bill No. 23 – 2011 – Amending Non-Utility Capital Budget – Clearview Pool; Richard Avenue; Turnberry Mews, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 23 - 2011, hereafter to be known as Ordinance 2011-24, was declared adopted.

10. NEW ORDINANCES

A. Bill No. 24 – 2011 – Re-enacting and Amending – Earned Income Tax Ordinance

The Clerk read Bill No. 24 – 2011 – Re-enacting and Amending – Earned Income Tax Ordinance, sponsored by Mrs. Belinski and Mr. Mowrer, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM, NORTHAMPTON AND LEHIGH COUNTIES, PENNSYLVANIA, RE-ENACTING, RESTATING AND AMENDING ITS EARNED INCOME TAX ORDINANCE, ARTICLE 333, AS AMENDED, TO ESTABLISH CONFORMITY WITH THE LOCAL TAX ENABLING ACT AS AMENDED BY ACT 32 OF JULY 2, 2008; LEVYING A TAX ON EARNED INCOME AND NET PROFITS; REQUIRING TAX RETURNS; REQUIRING EMPLOYERS TO WITHHOLD AND REMIT TAX; PROVIDING FOR INTEREST, PENALTIES, COSTS AND FINES FOR VIOLATIONS AND NON-PAYMENT OF TAX; PROVIDING FOR SEVERABILITY, PURPOSE/REPEAL, CONSTRUCTION AND EFFECTIVE DATE, AND RELATED PROVISIONS.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. Bill No. 24 – 2011 was declared adopted on First Reading.

11. RESOLUTIONS

A. Designating Liaison – Northampton Tax Collection Committee – Sharing Tax Information

Mrs. Belinski and Mr. Mowrer sponsored Resolution 2011-176 that appointed and designated the Business Administrator or Director of Budget and Finance as the City of Bethlehem’s authorized representative to make requests upon, and receive any and all tax information records from the Northampton Tax Collection Committee (NTCC) or the Tax Officer relative to the City of Bethlehem EIT collection, and release information, along with other provisions as stated in the Resolution.

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

B. Certificate of Appropriateness – 56 West Market Street

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-177 that granted a Certificate of Appropriateness to install 12 new exterior wall fixtures in medici bronze finish at 12 entry doors to condos at 56 West Market Street.

C. Certificate of Appropriateness – 36 East Wall Street

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-178 that granted a Certificate of Appropriateness to replace one window on the side of the house at 36 East Wall Street.

D. Certificate of Appropriateness – 38 East Wall Street

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-179 that granted a Certificate of Appropriateness to install a 4 ft. high fence along the western property line, the full length and a 6 ft. high fence along the rear of the property separating the parking spaces from the rear garden area at 38 East Wall Street.

E. Certificate of Appropriateness – 39 East Wall Street

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-180 that granted a Certificate of Appropriateness to install two handrails at 39 East Wall Street.

F. Certificate of Appropriateness – 123 East Church Street

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-181 that granted a Certificate of Appropriateness to construct a dry laid stone wall along a portion of the Pine Street property line at 123 East Church Street.

G. Certificate of Appropriateness – Waterworks at the Industrial Quarter

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-182 that granted a Certificate of Appropriateness to extend the sides and replace the cover on a pump chamber at the Waterworks at the Industrial Quarter.

H. Certificate of Appropriateness – 47 East Market Street

Mr. DiGiacinto and Mr. Evans sponsored Resolution 2011-183 that granted a Certificate of Appropriateness to add a one story hip roofed addition at 47 East Market Street.

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

I. Certificate of Appropriateness – 425-429 North New Street – Kemerer Museum

Ms. Dolan and Mr. DiGiacinto sponsored Resolution 11 I for the proposal to grant a Certificate of Appropriateness to build a two story addition at the rear of 425-429 North New Street for the Kemerer Museum.

Ms. Dolan, affirming that the tradition is to trust the recommendation of the Historic and Architectural Review Board (HARB), denoted there have been times when City Council has questioned whether or not the HARB has made the right judgment for the City as a whole. Stating there were many objections to the proposed addition to the Kemerer Museum, Ms. Dolan confirmed that the need for an addition is so great because of the importance and amount of the collections. However, Ms. Dolan pointed out that such work is expensive, it is a recession, and perhaps the addition has not received the funding that it needs to be of the high quality that is required for the Kemerer Museum. Ms. Dolan commented that at this point City Council is the only body that can suggest the proposal be slowed. Ms. Dolan noted she will be making a motion to remand the matter back to HARB. Ms. Dolan communicated the reason the building needed to have this design, have this look, and have these construction materials assigned to it is because the community has not come forward with enough funding to provide an adequate design and exquisite enough addition. Ms. Dolan continued on to observe that remanding it back is saying to the community that the project can be done better. Suggesting that more time be given to see what funding can be raised for the project, Ms. Dolan said she does not believe the proposal reflects what the Kemerer Museum and Historic Bethlehem Partnership groups really want but rather what they need now. Ms. Dolan restated that Council can help by indicating they do not agree with HARB at this point, they do not think this is good enough, it is not beautiful enough for the Kemerer Museum, and it is not suitable for Bethlehem. Ms. Dolan expressed the hope that the Members of Council will agree to send the proposal back to HARB, and they hear the plea that something more appropriate and that can be a source of pride come back to City Council.

Motion – Remanding Certificate of Appropriateness to HARB

Ms. Dolan moved to send the Certificate of Appropriateness back to HARB. Mrs. Belinski seconded the motion.

Mr. DiGiacinto, affirming that he read the minutes of the HARB meeting, noted the project did not quite make the cut on the first proposal. He further noted there was a dissenting vote related to the first proposal but the full discussions at the HARB meeting were not specified. Mr. DiGiacinto added his dilemma is not seeing the transition from the first to the second proposal.

Voting AYE on the Motion: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Evans, Mr. Mowrer, Mr. Reynolds, and Mr. Donchez, 7. The motion passed.

J. Approving Allocation – 2011 Pension State Aid

Mrs. Belinski and Mr. Mowrer sponsored Resolution 2010-184 that authorized the appropriate City officials to allocate $5,036,787.63 of the 2011 General Municipal Pension System State Aid among the City's pension plans as follows: Police – MMO - $994,593.57; Fire – MMO - $994,593.56; O&E MMO - $138,458; Reimbursement – Pension Bond Payment 5/1/11 - $789,571.25; and Reimbursement – Pension Bond Payment 11/1/11 - $2,119,571.25.

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

12. NEW BUSINESS.

Committee Meeting Announcements

President Donchez announced a Committee of the Whole Meeting on Thursday, October 19
at 7:00 PM in Town Hall to continue review of the proposed new Zoning Ordinance.

Chairwoman Dolan announced a Special Council Committee meeting on Wednesday, October 26 at 6:30 PM in the Mayor’s Conference Room to review Rules of Council.

13. COURTESY OF THE FLOOR

Certificate of Appropriateness – 425-429 North New Street – Kemerer Museum

Barbara Hollenbach, Chairwoman, Board of Directors, Kemerer Museum of Decorative Arts, communicating she is somewhat taken aback by Council’s action this evening, affirmed that the Kemerer Museum has been before HARB on three occasions in an effort to get approval for the façade of the addition. Ms. Hollenbach, explaining the issue with the façade, said if the project could be done in full for the Kemerer Museum it would probably be a $9 to $12 million project as an addition. Ms. Hollenbach advised that, unfortunately, the group does not have $9-$12 million, and she is not sure that individual checkbooks would stretch that far. Ms. Hollenbach informed the Members there is a portion of the project that can be done that is approximately a $2 million project for a very specific building. It is a collection storage facility that will store some of the 40,000 artifacts that are held by all of the Historic Bethlehem Partnership (HBP) entities. The building needs to be of a very specific type of construction. It will be a concrete building, there will be no windows because it cannot have natural light coming into the building, and it needs to have specific humidity and temperature controls in order to deal with the artifacts that include textiles and paintings. The façade of the proposed building is of a material called a rain screen that is a composite material that comes in different colors and has been used in Europe for about the last 25 years. In order for the building to not be constantly wet on the exterior, as would be the situation with brick that absorbs water, the rain screen will shed water and permits circulation of air to help dry out the rear of the proposed building. If the entire project could be done it would not be an issue because this building would be in the center of another wing and would not be able to be seen, but the organization does not have $9-$12 million to do it. Ms. Hollenbach notified the Members that the first time the organization went before HARB they did not like the colors and wanted some design changes. The organization came back to HARB with color and design changes, at least three of the seven members were enthusiastic about the project, and the other four could not advise what they wanted in terms of affordable materials that would serve the same function as the rain screen. The organization went back to HARB one more time in order to get approval, and with the final color. It is understood that the façade serves a function and there is a function for this particular type of material and why it has been chosen. The organization has until the end of 2012 to complete the building, it has State funding that runs out in 2012, and the project needs to get out to bid to contractors. Ms. Hollenbach explained that cannot be done until this particular issue is resolved and the final plans and specifications can be completed, and added it was hoped to do so in the next few weeks. Ms. Hollenbach expressed she would be happy to hear the Members’ suggestions as to what material and structural entity will serve the same purpose as the rain screen, and will provide the same function that is needed. Ms. Hollenbach asked City Council to reconsider the decision that was made this evening, dig really deep in their checkbooks so that maybe the $9-$12 million project can be done, or listen to HARB who wrestled with the issue a great deal. Ms. Hollenbach emphasized that HARB ultimately decided 6 to 1 to approve the project because it is a unique building, with a unique function, and it needs a unique structure.

Citizen Ratings of Members of Council

Stephen Antalics, 737 Ridge Street, expressed that the best citizens are concerned, educated citizens and who attend City Council Meetings. Mr. Antalics continued on to say citizens want to see that those who they elect are fulfilling their requirements as promised. Mr. Antalics informed the assembly that the idea of citizen evaluation of Members of Council has caught on, people fill out the form anonymously, and he has a compilation of evaluations over a two year period. Mr. Antalics said he wishes to present this information as public information to educate people at large. Mr. Antalics explained that the range of ratings is 4 for excellent to 0 for poor, and he read the ratings for each Member of Council.

South Side Post Office – Proposed Closing

Craig Weidman, 460 Carlton Avenue, advised that he attended a meeting last week held by the U.S. Postal Service to get input from citizens concerning the proposed closing of the South Side Post Office that is one of 3,700 Post Offices nationwide that has been put on a study list. Mr. Weidman informed the assembly it was learned at the meeting that among the factors as to how a Post Office was put on the list was revenues generated by particular Post Offices, and how to close a $9 billion nation-wide Postal Service deficit. Mr. Weidman had asked whether the South Side Post Office was underperforming and loosing money, but the representatives at the meeting did not know. Noting that some public officials in Bethlehem had written to Congressmen and Postal Service officials, Mr. Weidman urged City officials to continue those conversations. Mr. Weidman communicated that, in his view, unless the South Side Post Office is underperforming, it should not be on the list in the first place. Mr. Weidman, while advising it would be a slight inconvenience for him to drive to another Post Office rather than walk to the South Side Post Office, highlighted the fact that many people in the neighborhood including senior citizens do not have cars, or cannot drive. Consequently, it would be a considerable inconvenience and a challenge for those people to go to another Post Office. Mr. Weidman emphasized that, because there is a public sector function to the Post Office, the U.S. Postal Service needs to look at factors beyond those just related to business. Mr. Weidman asked public officials and residents to keep up the pressure to keep the South Side Post Office open.

City Historic Commissions and Technology

Mary Pongracz, 321 W. Fourth Street, affirming she is a member of the South Side Historic Conservation Commission, pointed out that Commission is dealing with preservation and technology, as is the Historic and Architectural Review Board (HARB). Ms. Pongracz advised it becomes a very fine line for Commission members to do what they think is right. Ms. Pongracz communicated it never serves any purpose to be confrontational with a governing body. Ms. Pongracz pointed out it is the decision of City Council as to whether or not they accept a proposal of the Historic Commissions. Ms. Pongracz, noting they are coming at the situation from different angles, exemplified that a question is whether it is more important to preserve an A. W. Leh building or is it not important to preserve an A. W. Leh building and put solar collectors on top of the building. Emphasizing that such problems will be faced in the years to come as now, Ms. Pongracz stated the questions will be where to draw the line, how to mesh preservation and technology and be true to what a Historic Conservation Commission does, to preserve the history of Bethlehem, and to keep it alive. Ms. Pongracz thought it was incumbent on City Council to understand where the Commissions are coming from, and that too much of the history of Bethlehem has been lost already. Ms. Pongracz highlighted the fact that once history is written out of the book it dies, and people do not know that something existed.

The meeting was adjourned at 7:45 p.m.