Bethlehem Council MInutes

10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, February 21, 2012 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

Father Joseph Sobiesiak, of Holy Infancy Church, offered the invocation which was followed by the pledge to the flag.

1. ROLL CALL

President Eric R. Evans called the meeting to order. Present were Jean Belinski, David T. DiGiacinto, Karen Dolan, Robert J. Donchez, Michael D. Recchiuti, J. William Reynolds, and Eric R. Evans, 7.

2. APPROVAL OF MINUTES

The Minutes of February 7, 2012 were approved.

3. PUBLIC COMMENT

Keystone Communities Development Program – Public Improvement Grants – Implementation of the Eastern Gateway Vision Study

Dana Grubb, 2420 Henderson Place, noted that Council will be voting on a Keystone Community Development Program Grant this evening that seems to be a fine effort to revitalize that section of the City. Mr. Grubb had concerns about the match. Mr. Grubb cautioned Council that, as this project moves forward, the funding sources be identified since the City has limited financial resources. He stressed it is important to know where the match will be coming from. Mr. Grubb reviewed the 2012 proposed Budget book and did not see anything both under the CDBG program and the Non-Utility Capital accounts. He communicated he is not quite sure what other local matching funds means, and how much of a match is required.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

5. COMMUNICATIONS

A. Council Solicitor – Repeal of Article 738 – Regulating Use of Interactive Wireless Communications Devices by Persons Operating Vehicles

The Clerk read a memorandum dated February 13, 2012 from Christopher T. Spadoni, City Council Solicitor, to which was attached a proposed Ordinance to repeal Article 738 – Regulating Use of Interactive Wireless Communications Devices by Persons Operating Vehicles.

President Evans stated that the Ordinance will be placed on the March 6, 2012 Agenda.

B. Housing and Community Development Planner – Resolution – Redevelopment Assistance Capital Program – Lehigh Valley Health Network – Muhlenberg

The Clerk read a memorandum dated February 15, 2012 from Irene Woodward, Housing and Community Development Planner, to which was attached a proposed Resolution to authorize submission of an application to obtain funds from the Commonwealth of Pennsylvania Redevelopment Assistance Capital Grant Program in the amount of $1.5 million to be passed through the City to Lehigh Valley Health Network for the purpose of renovations to the Emergency Department. The Resolution would also authorize the City to enter into a Cooperation Agreement with Lehigh Valley Health Network for the project administration.

President Evans stated that the Resolution will be placed on the March 6, 2012 Agenda.

C. Director of Planning and Zoning – Keystone Communities Development Program – Public Improvement Grants – Implementation of the Eastern Gateway Vision Study

The Clerk read a memorandum dated February 16, 2012 from Darlene L. Heller, Director of Planning and Zoning, to which was attached a proposed Resolution to support the grant application for a Keystone Communities Development Grant in the amount of $500,000 for public improvements in the South Bethlehem Eastern Gateway neighborhood.

President Evans stated that Resolution 9 D is listed on the Agenda.

6. REPORTS

A. President of Council

Adjourned Special City Council Meeting – Controller Vacancy

President Evans announced that, upon the adjournment of the City Council Meeting, an Adjourned Special City Council Meeting will take place that is an adjournment from the Special City Council Meeting that was held on Thursday, February 16, 2012 at 7:00 PM. The purpose of the adjourned meeting is to fill the vacancy of City Controller.

B. Mayor

1. Administrative Order – Basil Dolphin, M.D., M.P.H. – Civil Service Board – Engineers and
Electricians

Mayor Callahan reappointed Basil Dolphin, M.D., M.P.H., to membership on the Civil Service Board – Engineers and Electricians effective through February 2016. Mr. Reynolds and Mr. Recchiuti sponsored Resolution 2012-23 to confirm the appointment.

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

2. Administrative Order – Lee F. Snyder – Civil Service Board – Engineers and Electricians

Mayor Callahan reappointed Lee F. Snyder to membership on the Civil Service Board – Engineers and Electricians effective through February 2016. Mr. Reynolds and Mr. Donchez sponsored Resolution 2012-24 to confirm the appointment.

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

3. Administrative Order – Nik Nikolov – Fine Arts Commission

Mayor Callahan reappointed Nik Nikolov to membership on the Fine Arts Commission effective through February 2015. Mr. Reynolds and Mr. Donchez sponsored Resolution 2012-25 to confirm the appointment.

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

C. Finance Committee Meeting

Chairman Reynolds gave an oral report of the Finance Committee meeting of Monday, February 13, 2012 at 7:00 PM in Town Hall on the following subjects: Amending General Fund Budget – Health Bureau – Grants and Gifts; Amending Non-Utility Capital Budget – 2011 Year End Adjustments; Amending Community Development Budget – CDBG and HOME Programs – 2011 Year End Adjustments; 2012 Guaranteed Revenue Note – PennVest – Digester System Project – Sewer Plant; and Escrow Temporary Borrowing – General Fund.

7. Ordinances for Final Passage.

A. Bill No. 1 – 2012 – Amending Article 913 – Water Rates and Charges – Increase

The Clerk read Bill No. 1 – 2012 – Amending Water Rates and Charges – Increase, on Final Reading.

Voting AYE. Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, and Mr. Evans, 7. Bill No. 1 - 2012, hereafter to be known as Ordinance 2012-3, was declared adopted.

B. Bill No. 2 – 2012 – Amending Article 927 – Sewer Rental – Increase

The Clerk read Bill No. 2 – 2012 – Amending Article 927 – Sewer Rental – Increase, on Final Reading.

Voting AYE. Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, and Mr. Evans, 7. Bill No. 2 - 2012, hereafter to be known as Ordinance 2012-4, was declared adopted.

C. Bill No. 3 – 2012 – Guaranteed Revenue Note – PennVest - $9,429,730 – Wastewater Treatment

The Clerk read Bill No. 3 – 2012 – Guaranteed Revenue Note – PennVest, on Final Reading.

Voting AYE. Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, and Mr. Evans, 7. Bill No. 3 - 2012, hereafter to be known as Ordinance 2012-5, was declared adopted.

8. New Ordinances.

A. Bill No. 4 – 2012 – Amending Article 135 – Bethlehem Area Public Library – End of Contract
by Freemansburg

The Clerk read Bill No. 4 – 2012 – Amending Article 135 – Bethlehem Area Public Library – Board of Directors – Membership, sponsored by Mr. Donchez and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA,
AMENDING ARTICLE 135, BETHLEHEM AREA
PUBLIC LIBRARY, AND END OF CONTRACT
BY FREEMANSBURG

Voting AYE. Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, and Mr. Evans, 7. Bill No. 4 – 2012 was declared passed on First Reading.

B. Bill No. 5 – 2012 – Amending Article 1703 – Requirements and Qualifications to Obtain Licensing to Perform Electrical Work within the City of Bethlehem

The Clerk read Bill No. 5 – 2012 – Amending Article 1703 – Requirements and Qualifications to Obtain Licensing to Perform Electrical Work within the City of Bethlehem, sponsored by Mr. Reynolds and Mr. Recchiuti, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,

COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 1703 OF THE CODIFIED ORDINANCES
ENTITLED REQUIREMENTS AND QUALIFICATIONS TO
OBTAIN LICENSING TO PERFORM ELECTRICAL WORK
WITHIN THE CITY OF BETHLEHEM.

Voting AYE. Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, and Mr. Evans, 7. Bill No. 5 – 2012 was declared passed on First Reading.

C. Bill No. 6 – 2012 – Amending General Fund Budget – Health Bureau – Grants and Gifts

The Clerk read Bill No. 6 – 2012 – Amending General Fund Budget – Health Bureau – Grants and Gifts, sponsored by Mr. Reynolds and Mr. Recchiuti, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2012.

Voting AYE. Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, and Mr. Evans, 7. Bill No. 6 – 2012 was declared passed on First Reading.

D. Bill No. 7 – 2012 – Amending Non-Utility Capital Budget – 2011 Year End Adjustments

The Clerk read Bill No. 7 – 2012 – Amending Non-Utility Capital Budget – 2011 Year End Adjustments, sponsored by Mr. Recchiuti and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2012 CAPITAL BUDGET FOR NON-UTILITIES.

Voting AYE. Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, and Mr. Evans, 7. Bill No. 7 – 2012 was declared passed on First Reading.

E. Bill No. 8 – 2012 – Amending Community Development Budget – CDBG and HOME Programs – 2011 Year End Adjustments

The Clerk read Bill No. 8 – 2012 – Amending Community Development Budget – CDBG and HOME Programs – 2011 Year End Adjustment, sponsored by Mr. Recchiuti and Mr. DiGiacinto, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE COMMUNITY DEVELOPMENT BUDGET FOR 2012.

Voting AYE. Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, and Mr. Evans, 7. Bill No. 8 – 2012 was declared passed on First Reading.

9. RESOLUTIONS.

A. Authorizing Use Permit Agreement for Public Property – American Association of University Women, Bethlehem Branch – 2012 Book Fair

Mr. Reynolds and Mr. Recchiuti sponsored Resolution No. 2012-26 that authorized the execution of a Use Permit Agreement between the City and the American Association of University Women, Bethlehem Branch, for use of the Memorial Pool Building for the time period March 19, 2012 to April 30, 2012 for the 2012 Book Fair, according to the Agreement.

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

B. Authorizing Use Permit Agreement for Public Property – St. Luke’s Hospital & Health Network – 2012 Boutique at the Rink

Mr. Reynolds and Mr. Donchez sponsored Resolution No. 2012-27 that authorized the execution of a Use Permit Agreement for Public Property between the City and St. Luke’s Hospital & Health Network, for use of the Municipal Ice Rink for the time period May 1, 2012 to June 4, 2012 for the 2012 Boutique at the Rink, according to the Agreement.

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

C. Authorizing Use Permit Agreement for Public Property – Celtic Cultural Alliance – St. Patrick’s
Day Concert

Mr. Reynolds and Mr. Donchez sponsored Resolution No. 2012-28 that authorized the execution of a Use Permit Agreement for Public Property between the City and the Celtic Cultural Alliance, for use of various public property and streets for the time period March 15, 2012 to March 19, 2012 for the St. Patrick’s Day Concert, according to the Agreement.

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

D. Authorizing Keystone Communities Development Program Grant – Eastern Gateway Vision Study

Mr. Reynolds and Mr. Donchez sponsored Resolution No. 2012-29 that authorized the filing of an application for a Keystone Communities Development Grant from the Pennsylvania Department of Community and Economic Development in the amount of $500,000 for implementation of streetscapes and other public space improvements as described in the South Bethlehem Eastern Gateway Vision Study. The City will assume the provision of the full local share of the project cost with the cooperation and participation of local partners and other related grants.

Mr. DiGiacinto asked the source of the matching funds.

Darlene Heller, Director of Planning and Zoning, replied that the regional grant from HUD for Sustainable Communities is $450,000 towards the Eastern Gateway that is additional funds for planning, design and engineering. The grant the City is now applying for will match that amount so that the City would have funds for planning and implementation. Local funds are required, and the City is working in conjunction with the Community Action Development Corporation of Bethlehem. Through the South Side Vision program the City will be able to allocate another $100,000. Ms. Heller advised it is a three year grant, and it is a portion per year. The Department would also like to recommend $75,000 in CDBG funds at $25,000 per year. Ms. Heller pointed out that the City will get almost $1,000,000 in State and Federal funds for that targeted area of the Eastern Gateway.

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

10. NEW BUSINESS.

Committee Meeting Announcements

Chairman DiGiacinto announced a Community Development Committee meeting on Thursday, February 23, 2012 at 7:00 PM in Town Hall, on the Vendor Ordinance.

Chairman Recchiuti announced a Human Resources and Environment Committee meeting on Monday, February 27, 2012 at 6:00 PM in Town Hall, on candidates for the Human Relations Commission.

11. PUBLIC COMMENT

Flatiron Building – 301 Broadway – Solar Collector

Steven Antalics, 737 Ridge Street, referred to Resolution 2011-189 that is the Certificate of Appropriateness approving the installation of the previously approved solar concentrator in a new

location on top of the mezzanine stair tower penthouse at 301 Broadway. Mr. Antalics noted it states that a majority of the Historic Conservation Commission also concluded based on the three dimensional drawing submitted on October 24, 2011 that the concentrator would be minimally visible from the street immediately around the building except for upper Montclair Avenue. Mr. Antalics highlighted the fact that the photograph he has shown was taken one-half block away from the building in front of the post office. He sees something on top of the building which is a contradiction of the Resolution. While questioning what can be done now because the solar collector is there already, Mr. Antalics asserted there is the responsibility to the community. Mr. Antalics stressed that the solar collector does not belong on this building. Mr. Antalics remarked that he respects the South Side where he lives and he expects Council also to respect it. Mr. Antalics pointed out that people come before Council with plans but then there is contradiction to the plans and nothing is done. Mr. Antalics stressed this makes City Council a paper tiger, and gives the impression that City Council does not care. Mr. Antalics exclaimed that in view of the drawing submitted and what is there it needs an investigation.

Craig Weidman, 460 Carlton Avenue, echoed what Mr. Antalics said. As a resident of the South Side living one block from the building in question, Mr. Weidman said he remembers when City Council granted final approval for the concentrator and there were questions. The questions were regarding visibility of the solar collector, and assurances were given apparently in the application that it would be minimally visible. Mr. Weidman added that when he saw the structure going up he thought of the questions being asked at the City Council Meeting and he could see that the structure is not minimally visible. Mr. Weidman highlighted the fact that one almost has to be standing on the stoop of the building going inside the front door to not see the solar collector. Mr. Weidman advised he can see it from his front porch and it can be seen all around the South Side. Mr. Weidman communicated the issue for him is not that one happens to see it but that it is just not particularly attractive. Furthermore, given the nature of the building, it is not in keeping with the character of the Flatiron building. Mr. Weidman thought perhaps there is something in the policies and regulations of the City about what remedial action can be taken. If there is, Mr. Weidman urged City Council to take whatever action can be taken to remedy this situation.

Mary Pongracz, 321 W. Fourth Street, affirmed that she has been and will be opposed to the destruction of any historic building in the City no matter on what street. Ms. Pongracz said she found it very disingenuous that when she asked for a copy of the dimensions and what the monstrosity would look like it was not available. Highlighting the fact that cathedrals, palaces, and magnificent hospitals were built years ago without the technology of today, Ms. Pongracz remarked yet in the year 2011 no one was able to give her a drawing of the proposed structure. Ms. Pongracz thanked Karen Dolan for her interest in the preservation of the Flatiron building. Ms. Pongracz wondered why those things that make Bethlehem the City that it is are being destroyed. Ms. Pongracz pointed out that there will be another structure put on the roof of the Flatiron building that will be a wind turbine. She stressed this could come down because it may not be properly installed. Ms. Pongracz stressed that the Flatiron building, that was designed by architect A. W. Leh, is something to cherish. Ms. Pongracz communicated that she feels sick when she walks out of her home and looks at this structure destroying the look of a 100 year old architectural treasure.

The meeting was adjourned at 7:35 p.m.