Bethlehem Council MInutes

10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, March 6, 2012 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

Rabbi Allen Juda, of Congregation Brith Shalom, 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 21, 2012 were approved.

3. PUBLIC COMMENT

Bill No. 10 – 2012 – Replacing Section 721.05 – Sidewalk Vendors

Attorney Brian Monahan, 701 Washington Street, Easton, advised he is the Attorney for Christopher Morales who owns Easy Weenies and operates as a vendor in the City of Bethlehem. Attorney Monahan requested that City Council amend Bill No. 10 - 2012 to allow Mr. Morales to conduct business at 15 W. Fourth Street on Monday through Saturday from 11:00 a.m. until 6:00 p.m., and on Monday through Saturday from 12:00 a.m. to 4:00 a.m. In addition, he asked that the Ordinance be amended to allow Mr. Morales to conduct business at 205 W. Fourth Street on Monday and Wednesday from 12:00 a.m. to 4:00 a.m. Attorney Monahan, with reference to the existing Ordinance 2009-39, requested that Council comply with the current law to approve the recommendation of the Street Vendor Committee of the Historic Conservation Commission of February 27, 2012. As he understands it, the Commission met, deliberated and recommended the hours that he just asked for to be an amendment to the current Ordinance. Attorney Monahan expressed his understanding that City Council must vote on the recommendation pursuant to the current Vendor Street and Sidewalk Ordinance 2009-39. He pointed out that Section 721.05 (4) (c) (2) states that the Committee shall notify Council which shall place the item on the next upcoming Agenda for a vote. Attorney Monahan, noting he does not see the Resolutions on the Agenda this evening, stated from a technical sense he believes that Council is not following Ordinance 2009-39. Attorney Monahan affirmed there is only one vendor on the South Side, Mr. Morales’ business is successful, there are no safety issues, and no problems with the police. Attorney Monahan continued to say that in many ways Mr. Morales is a block watch for the South Side during those early morning hours and at times has called the Police to get problems off the street. Attorney Monahan stated he has concerns about due process, he believed the Ordinance is aimed at Mr. Morales, and that this would deprive him of a property right with respect to hours of operation that he has been engaged in for a year and a half.

Human Relations Commission

Adrian Shanker, President of Equality Pennsylvania, resident of Allentown, thanked everyone for their leadership in that they will now be appointing a Human Relations Commission for the City of Bethlehem. Mr. Shanker noted he had the pleasure of coming to five Council meetings throughout last year and is excited to be here tonight as they consider the appointments of three people in particular who he feels would be good commissioners for the City of Bethlehem. He stated those three people are Craig Weidman, Rabbi Seth Goren, and Corey Horvath, all three have spoken in favor of the Ordinance when it was being passed, and spoke eloquently about the need for a diverse Commission. Mr. Shanker thanked Council for moving forward so that Bethlehem can be a City where there is an enforcement authority for the new anti-discrimination Ordinance.

Bill No. 10 – 2012 – Replacing Section 721.05 – Sidewalk Vendors

Christopher Morales, 649 Alaska Street, said he appreciates the time and effort in putting together the Vendor Ordinance and also appreciates a clear and concise set of rules. While commenting he is in favor of regulations, Mr. Morales asked for a change in the business hours of operation. Mr. Morales noted that he makes a significant amount of money in the night time hours because there are more people out. There is not much competition but he does compete with Anthony Spagnola who owns Sotto Santi across the street and who sells dollar slices of pizza, aside from restaurants that are open 24 hours including McDonald’s and Wendy’s. Mr. Morales pointed out that from a financial point it is detrimental to his business to have less night time hours. He will lose a significant amount of money, almost a significant amount enough to lose his business. Affirming he just happens to be the only vendor so far, Mr. Morales acknowledged that the hours he is requesting might not work for another vendor. Mr. Morales expressed the hope that City Council can work with him being the pioneer vendor in the City of Bethlehem. Mr. Morales informed the assembly that he has a petition with over 600 names of people who live, work and own businesses in the area that he would like to submit and make part of the record. It states that the petition is from the people who live, socialize and work in the City of Bethlehem and that they are in favor of allowing the business Easy Weenies to have established business hours from Monday through Saturday 10:00 a.m. to 7:00 p.m., as well as Monday through Saturday 12:00 a.m. to 4:00 a.m. He communicated that it decorates the streets with a City atmosphere and provides convenient hours of service. Mr. Morales stated he is fine with being open until 6:00 p.m., understands that he needs to give up something, and advised he does not really have a dinner crowd. Mr. Morales added that he has an online petition as well with about 200 names.

Councilmanic Appointment 6A2 - Human Relations Commission – Tony Simao –
Withdrawing Name

Tony Simao, 1135 E. Third Street, affirming that he has given a copy of his letter to the Members of Council, stated he wanted to read it to Council. The letter stated that Mr. Simao thanked Councilman Recchiuti, Councilwoman Belinski and Councilwoman Dolan for nominating him to serve as Commissioner on the newly formed Human Relations Commission. The nomination that took place on February 26, 2012 was unexpected but an honor nonetheless. On February 29, 2012 he was elected to the office of Treasurer of the Northampton County Republican Committee to a term that started immediately. As a result, it has been brought to his attention that per Section 962.1 of Pennsylvania’s Human Relations Code a Commissioner may not hold office in a political party. It is with deep regret that he respectfully requested that his name be withdrawn from consideration to be appointed to be a Commissioner to the Human Relations Commission. Mr. Simao wished the other nominees nothing but success.

Administrative Order 6B1 - Reappointing Ronald Heckman – Redevelopment Authority; Bill No. 10 – 2012 – Replacing Section 721.05 – Sidewalk Vendors

Robert Pfenning, 2830 Linden Street, referring to Administrative Order 6B1 to reappoint Ron Heckman to the Redevelopment Authority, communicated that Mr. Heckman is one of the more dedicated members of the Authority and hoped that City Council will vote for him. Turning to the hot dog vendor, Mr. Pfenning thought that, as was discussed at the Committee Meeting, the property owner is the one who would grant permission to a vendor to work in front of his or her place and has the ability to constrain hours. Mr. Pfenning thought the Vendor Ordinance should be looked at as a City-wide Ordinance, and not concentrate on an existing vendor. Mr. Pfenning felt the Ordinance is a restriction of business. Mr. Pfenning remarked that the Amendment to the Ordinance being proposed by Council Member Recchiuti makes it look like Council is turning into the Administration by forcing Council to approve hours beyond the minimum of 11:00 a.m. to 6:00 p.m. Mr. Pfenning, expressing that he understands hours are an issue, restated that the property owner should weigh in on the hours as well.

Bill No. 10 – 2012 – Replacing Section 721.05 – Sidewalk Vendors

Mary Pongracz, 321 W. Fourth Street, affirming that she is a member of the South Bethlehem Historic Conservation Commission, wanted to know why people are questioning something that has not yet been made into an Ordinance. Ms. Pongracz pointed out that the Historic Conservation Commission must, under the Secretary of Interior Standards, tell any cart or vendor owner what may or may not be possible in a Historic District. Ms. Pongracz observed this is a Vendor Ordinance for the City and is not to be a one on one battle between City Council and the vendor. She added there must be regulations to assure that everyone gets a fair shake, and what is being proposed is maintaining standards that apply to every vendor in this City.

Human Relations Commission

Olga Negron, 1306 E. Fifth Street, stated she wanted to implore City Council to make sure that the next appointee to the Human Relations Commission can foster and encourage improvement for human relations between citizens.

Bill No. 10 – 2012 – Replacing Section 721.05 – Sidewalk Vendors

Dana Grubb, 2420 Henderson Place, referring to the Vendor Ordinance, though it is also an issue of compliance and enforcement. He added that perhaps there would not be this discussion if the compliance had not become an issue. Mr. Grubb cautioned determining hours on a case by case basis. The ability to remain consistent will be challenged and that challenge may be location and there could be other factors. Mr. Grubb noted that establishing hours does make sense in terms of standardizing but there may be situations where they cannot be standardized but should be.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

5. COMMUNICATIONS

A. City Solicitor – Records Destruction – Purchasing Bureau

The Clerk read a memorandum dated February 22, 2012 from John F. Spirk, Jr., Esq., City Solicitor, requesting a Resolution for the destruction of records from the Purchasing Bureau. The Law Bureau reviewed the Municipal Records Retention Act and the records fall within categories where destruction is permitted.

President Evans stated that the Resolution will be placed on the March 20 Agenda.

B. City Solicitor – Records Destruction – Controller’s Office

The Clerk read a memorandum dated February 22, 2012 from John F. Spirk, Jr., Esq., City Solicitor, requesting a Resolution for the destruction of records from the Controller’s Office. The Law Bureau reviewed the Municipal Records Retention Act and the records fall within categories where destruction is permitted.

President Evans stated that the Resolution will be placed on the March 20 Agenda.

C. City Solicitor – Records Destruction – Fire Department

The Clerk read a memorandum dated February 22, 2012 from John F. Spirk, Jr., Esq., City Solicitor, requesting a Resolution for the destruction of records from the Fire Department. The Law Bureau reviewed the Municipal Records Retention Act and the records fall within categories where destruction is permitted.

President Evans stated that the Resolution will be placed on the March 20 Agenda.

D. City Solicitor – Ordinance – Cooperative Purchasing for 911 Goods and Services

The Clerk read a memorandum dated March 1, 2012 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Ordinance and referenced exhibit authorizing Cooperative Purchasing for 911 Goods and Services for Council’s consideration.

President Evans stated that the Ordinance can be placed on the March 20 Agenda, unless the Finance Committee wishes to review the matter.

E. City Solicitor – Lease Agreement – Police Substation – 60 West Broad Street

The Clerk read a memorandum dated March 1, 2012 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and associated Lease Agreement for a Police Substation at 60 W. Broad Street for Council’s consideration.

President Evans referred the matter to the Public Safety Committee.

6. REPORTS

A. President of Council

1. Councilmanic Appointment – Abigail Julee Gluchowski – Recreation Commission

President Evans appointed Abigail Julee Gluchowski to membership on the Recreation Commission effective until January 2014. Mr. Recchiuti and Mrs. Belinski sponsored Resolution No. 2012-30 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

3. Councilmanic Appointment – D. Craig Weidman – Human Relations Commission

President Evans appointed D. Craig Weidman to membership on the Human Relations Commission effective until March 2014. Mr. Recchiuti and Mrs. Belinski sponsored Resolution No. 2012-31 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

4. Councilmanic Appointment – Stephen L. Melnick – Human Relations Commission

President Evans appointed Stephen L. Melnick to membership on the Human Relations Commission effective until March 2014. Mrs. Belinski and Mr. Recchiuti sponsored Resolution No. 2012-32 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

5. Councilmanic Appointment – Leslie (Corey) Horvath – Human Relations Commission

President Evans appointed Leslie (Corey) Horvath to membership on the Human Relations Commission effective until March 2015. Mr. Recchiuti and Mrs. Belinski sponsored Resolution No. 2012-33 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

B. Mayor

1. Administrative Order – Ronald R. Heckman – Redevelopment Authority

Mayor Callahan reappointed Ronald R. Heckman to membership on the Redevelopment Authority effective through March 2017. Ms. Dolan and Mr. Donchez sponsored Resolution No. 2012-34 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

2. Administrative Order – Jeffrey B. Long – Fine Arts Commission

Mayor Callahan reappointed Jeffrey B. Long to membership on the Fine Arts Commission effective through March 2015. Mrs. Belinski and Mr. Reynolds sponsored Resolution No. 2012-35 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

3. Administrative Order – Mari Girardot – Sister City Commission

Mayor Callahan reappointed Mari Girardot to membership on the Sister City Commission effective through March 2015. Mr. Donchez and Mrs. Belinski sponsored Resolution No. 2012-36 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

4. Administrative Order – Sharon Yoshida – Sister City Commission

Mayor Callahan reappointed Sharon Yoshida to membership on the Sister City Commission effective through March 2015. Mr. Donchez and Mrs. Belinski sponsored Resolution No. 2012-37 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

5. Administrative Order – Hasanna Birdsong – Human Relations Commission

Mayor Callahan appointed Hasanna Birdsong to membership on the Human Relations Commission effective through March 2015. Ms. Dolan and Mr. DiGiacinto sponsored Resolution No. 2012-38 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

6. Administrative Order – Seth W. Goren – Human Relations Commission

Mayor Callahan appointed Seth W. Goren to membership on the Human Relations Commission effective through March 2015. Mr. Recchiuti and Ms. Dolan sponsored Resolution No. 2012-39 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

7. Administrative Order – J. Ralph Lindgren – Human Relations Commission

Mayor Callahan appointed J. Ralph Lindgren to membership on the Human Relations Commission effective through March 2015. Mr. Donchez and Mr. Recchiuti sponsored Resolution No. 2012-40 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

8. Administrative Order – Deborah Hunter – Human Relations Commission

Mayor Callahan appointed Deborah Hunter to membership on the Human Relations Commission effective through March 2013. Mr. Recchiuti and Mr. DiGiacinto sponsored Resolution No. 2012-41 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

9. Administrative Order – Vivian Williams Butts – Human Relations Commission

Mayor Callahan appointed Vivian Williams Butts to membership on the Human Relations Commission effective through March 2014. Mr. DiGiacinto and Mr. Reynolds sponsored Resolution No. 2012-42 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

10. Administrative Order – Juan Cruz, Jr. – Human Relations Commission

Mayor Callahan appointed Juan Cruz, Jr. to membership on the Human Relations Commission effective through March 2014. Mr. Donchez and Mr. Recchiuti sponsored Resolution No. 2012-43 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

11. Administrative Order – Judith Deltuva – Human Relations Commission

Mayor Callahan appointed Judith Deltuva to membership on the Human Relations Commission effective through March 2014. Mr. DiGiacinto and Mr. Reynolds sponsored Resolution No. 2012-44 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

12. Administrative Order – David Remely – Fine Arts Commission

Mayor Callahan reappointed David Remely to membership on the Fine Arts Commission effective through March 2015. Mr. DiGiacinto and Mr. Reynolds sponsored Resolution No. 2012-45 to confirm the appointment.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

C. Community Development Committee

Mr. DiGiacinto, Chairman of the Community Development Committee, presented an oral report of the Committee’s meeting held on Thursday, February 23, at 7:00 PM in Town Hall on the subject of the Vendor Ordinance and Related Matters.

D. Human Resources and Environment Committee

Mr. Recchiuti, Chairman of the Human Resources and Environment Committee, presented an oral report of the Committee’s meeting held on Monday, February 27, 2012 at 6:00 in Town Hall on the following subject: Human Relations Commission – Candidates.

7. ORDINANCES FOR FINAL READING

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 – End of Contract by Freemansburg, on Final Reading.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. Bill No. 4 – 2012, hereafter to be known as Ordinance 2012-6 was declared adopted.

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, on Final Reading.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. Bill No. 5 – 2012, hereafter to be known as Ordinance 2012-7, was declared adopted.

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, on Final Reading.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6 Bill No. 6 – 2012, hereafter to be known as Ordinance 2012-8, was declared adopted.

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, on Final Reading.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6 Bill No. 7 – 2012, hereafter to be known as Ordinance 2012-9, was declared adopted.

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, on Final Reading.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6 Bill No. 8 – 2012, hereafter to be known as Ordinance 2012-10 was declared adopted.

8. NEW ORDINANCES

A. Bill No. 9 – 2012 – Repeal of Article 738 – Regulating Use of Interactive Wireless Communications Devices by Persons Operating Vehicles

The Clerk read Bill No. 9 – 2012 – Repeal of Article 738 – Regulating Use of Interactive Wireless Communications Devices by Persons Operating Vehicles, sponsored by Mr. Donchez and Mr. DiGiacinto and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, REPEALING
EXISTING ARTICLE 738 OF THE CODIFIED ORDINANCES
ENTITLED REGULATING USE OF INTERACTIVE
WIRELESS COMMUNICATIONS DEVICES BY PERSONS
OPERATING VEHICLES.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. Bill No. 9 – 2012 was declared passed on First Reading.

B. Bill No. 10 – 2012 – Replacing Section 721.05 – Sidewalk Vendors

The Clerk read Bill No. 10 – 2012 – Replacing Section 721.05 – Sidewalk Vendors, sponsored by Mr. DiGiacinto and Mrs. Belinski and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, REPLACING
SECTION 721.05 – SIDEWALK VENDORS OF
ARTICLE 721 OF THE CODIFIED ORDINANCES
ENTITLED STREETS AND SIDEWALKS

President Evans recounted that when previous revisions to the Vendor Ordinance were first reviewed a few years ago there was consideration of an option for five vending locations versus an on-property option, among other provisions. President Evans affirmed that the current review of the Vendor Ordinance determined that further revisions were needed. President Evans thanked Chairman DiGiacinto, Council Solicitor Spadoni, Michael Alkhal - Public Works Director, and Joseph Kelly - Community and Economic Development Director for working on the Ordinance. President Evans pointed out that the focus was on process, follow-up, renewal, requirements, and enforcement.

Chairman DiGiacinto communicated that the Ordinance was reviewed after a year and a half of experience working under the new Ordinance. He continued on to say there was some streamlining of the Ordinance and some clarity was required as a result of provisions no longer applicable. Chairman DiGiacinto pointed out consideration must be given to the City as a whole in preparing a Vendor Ordinance, to vendor activities, and to promotion of vending while recognizing that guidelines and rules are necessary.

President Evans stated that he will recognize the Members of Council who proposed each of the three Amendments.

Amendment No. 1 – Bill No. 10 – 2012

Ms. Dolan and Mr. Donchez sponsored the following Amendment:

That Section 731.05 A. that reads as follows:

A. For any vending activity in excess of twenty-one (21) days in any given calendar year, it shall be unlawful to sell or offer for sale any food, beverage, service or merchandise on any City street, sidewalk, lane, alley, pavement, footway or right-of-way from any wagon, truck, auto, push cart, stand or vehicle or in any other manner whatsoever if not duly licensed pursuant to this section [ to operate in any area designated by the Committee as an area for vending ] .

shall be amended to read as follows:

A. For any vending activity in excess of twenty-one (21) days in any given calendar year, it shall be unlawful to sell or offer for sale any food, beverage, service or merchandise on any City street, sidewalk, lane, alley, pavement, footway or right-of-way from any wagon, truck, auto, push cart, stand or vehicle or in any other manner whatsoever if not duly licensed pursuant to this section.

Ms. Dolan noted this is a housekeeping type matter since the responsibility of the applicable Committee of the Historic Boards is no longer in effect, and the responsibility is under the City.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. Amendment No. 1 passed.

Amendment No. 2 – Bill No. 10 – 2012

Mr. Recchiuti and Mr. Donchez sponsored the following Amendment:

That Section 721.05 B. (5) that reads as follows:

B. Standards and Requirements

(5) Operation Standards

(a) Days and hours of operation. All vendor activities involving arrival on site,
unloading, setup, sales, breakdown and departure must be confined to the
following hours: established by the Committee hours of operation shall be
no earlier than 10:00 AM and no later than 6:00 PM Monday through
Saturday; 12:00 AM TO 3:00 AM on Thursday, Friday, and Saturday nights only.

shall be amended to read as follows:

(a) Days and hours of operation. All vendor activities involving arrival on site,
unloading, setup, sales, breakdown and departure must be confined to the
following regular hours of operation: 9:00 AM to 6:00 PM Monday through
Saturday. Other times of operation may be approved by City Council upon
request of a vendor.

Mr. Recchiuti, stating he has no problem with the current vendor, commented he will support the vendor’s request for extended hours. Mr. Recchiuti explained his thought behind the

amendment was primarily that there should not be hours in the Ordinance, since each vendor is unique. Future vendors may not want to operate under those hours. After speaking with Mr. Kelly, Mr. Recchiuti felt that some range of hours of operation was needed in the Ordinance. The hours of 9:00 AM to 6:00 PM Monday through Saturday were amenable for enforcement purposes. However, Mr. Recchiuti noted there are other times that vendors would need to operate outside those hours, and upon the request of a vendor City Council could approve additional hours. Mr. Recchiuti explained he did not want a situation where vendors would be given carte blanche to operate 12:00 AM to 3:00 AM anywhere in the City as there are areas that would not support vending operations during those hours.

Ms. Dolan, asking the advice of Attorney Spadoni, questioned whether it is wiser to have definitive hours or set the hours within wider parameters and allow the Department to decide the hours.

Attorney Spadoni expressed the hope that within the spirit of the amendment the hours would be responsive to what is being sold and what the vendor’s hours need to be. Attorney Spadoni thought it could be handled on a case by case basis and within the discretion of Council.

Ms. Dolan said she would like to see hours that encourage in particular early morning vendors who would sell coffee, for example, and 9:00 AM is too late for that type of breakfast vending. Ms. Dolan observed that, similarly, a vendor cannot be successful when the time ends at 6:00 PM and wants to be a late night vendor. Pointing out that the hours stated in the Ordinance would lead to Council having to approve hours almost every time, Ms. Dolan thought it would make sense to have a wider range of hours.

Attorney Spadoni, in response to Ms. Dolan, noted there is nothing legally wrong with that, and she could offer an amendment.

Ms. Dolan asked if the vendor application is signed by the property owner after it is approved or during the approval process so that the proposed hours already have the input of the property owner.

President Evans noted the Ordinance requires the approval of the property owner in order for the vendor to apply to the City.

Mr. Alkhal affirmed that the Department does not address the hours but the proof of the property owner’s permission for a vendor to set up on the property has to be provided to the City prior to issuance of any permits. Mr. Alkhal indicated that the hours are considered in the approval process for the vendor license. Mr. Alkhal affirmed to Ms. Dolan that the only time the hours are established is in the final approval process when it comes to City Council.

Ms. Dolan queried if it would make sense to make the hours part of the approval process from the Administration. Mr. Alkhal expressed his opinion that whichever entity is approving the vending license should address the actual hours. He added that the hours do not matter from a right of way perspective.

Ms. Dolan asked about approval of restaurant hours. Mr. Kelly responded that a business owner is free to run their operation as they see fit. Mr. Kelly informed Ms. Dolan that a property owner can tell a vendor that they cannot operate at certain hours, even though City Council approves those hours. Ms. Dolan asked if the Administration has an interest in the hours of operation of vendors. Mr. Kelly replied they have received no complaints. Ms. Dolan raised the question of why setting hours at all is even necessary, and stated the hours should be on the application. If some specific issue comes up then it can be dealt with.

Mr. Recchiuti, expressing his agreement with Ms. Dolan, commented he did not believe there should be hours in the Ordinance as it would be legislating towards one vendor. It was only after discussing the matter further that it was realized that hours might be needed for enforcement issues, and if hours are in the Ordinance then it is easier to enforce.

Mr. Kelly explained that City Council has the right to set hours, and if hours are set in the Ordinance they should be consistent.

Ms. Dolan did not see how putting hours into the Ordinance would guarantee consistency. Ms. Dolan thought not putting hours in the Ordinance would be better, since a breakfast vendor may want to be open from 6:00 AM to 12:00 PM while other vendors would sell different products in different places at different times. Ms. Dolan thought making the hours broader makes more sense, and not setting hours would be even smarter rather than creating issues where there are not issues.

Mr. DiGiacinto communicated that he considered creating hours and being consistent because the previous Ordinance contained specific timeframes, although as has been indicated, the vendor was operating outside those hours. Mr. DiGiacinto stated his concern was streamlining the Ordinance and removing sections that did not belong in the Ordinance. Mr. DiGiacinto stressed he is adamant about one license per vendor at one spot. Mr. DiGiacinto noted he is flexible on the days and times of operation.

Amendment to Amendment No. 2

Ms. Dolan moved the following:

That paragraph (a) which reads as follows:

(a) Days and hours of operation. All vendor activities involving arrival on site,
unloading, setup, sales, breakdown and departure must be confined to the
following regular hours of operation: 9:00 AM to 6:00 PM Monday through
Saturday. Other times of operation may be approved by City Council upon
request of a vendor.

shall be amended to read as follows:

(a) Days and hours of operation. All vendor activities involving arrival on site,
unloading, setup, sales, breakdown and departure must be confined to the
following regular hours of operation: 6:00 AM to 6:00 PM Sunday,
Monday, Tuesday, and Wednesday; and 6:00 AM to 4:00 AM
Thursday, Friday, Saturday/Sunday. Other times of operation may be
approved by City Council upon request of a vendor.

Mr. DiGiacinto asked is there ever an exception to the hours as proposed by Ms. Dolan. Ms. Dolan thought there could be an exception when someone comes to Council and requests that a change be made. Ms. Dolan added that the requirement that a vendor be off the site by 6:00 PM makes it less competitive with the restaurants, but takes into account that Thursday, Friday, and Saturday are the night life evenings and provides accommodation for those who work late shifts. Ms. Dolan did not think a provision should be written into the Ordinance to allow that other times of operation may be approved since parameters are being set. However, Ms. Dolan observed approving an application still gives Council the right to weigh in on hours.

Mr. Donchez seconded the motion.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Amendment to Amendment No. 2 passed.

Voting AYE on Amendment No. 2, as Amended: Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. Amendment No. 2, as Amended passed.

Amendment No. 3 – Bill No. 10 – 2012

Ms. Dolan and Mr. Donchez sponsored the following Amendment:

That Section 721.05 B., paragraph (3) that reads as follows:

(3) Stand Design Standards/Vending Cart Design Standards

All stands and carts must be clean, sanitary, attractive and be designed consistent with guidelines promulgated by the Committee applicable Historic and Architectural Review Board of the City of Bethlehem and City Council.

shall be amended to read as follows:

(3) Stand Design Standards/Vending Cart Design Standards

All stands and carts must be clean, sanitary, attractive and be designed consistent with guidelines promulgated by the Committee Department of Community and Economic Development. The design of all stands and carts located in the Historic Districts must be approved by the applicable Historic and Architectural Review Board of the City of Bethlehem.

Ms. Dolan, commenting this is also largely a housekeeping revision, stated that the Historic Boards should look at the stands and vending carts when they are in the Historic Districts.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. Amendment No. 3 passed.

Voting AYE on Bill No. 10 – 2012, as Amended: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. Bill No. 10 – 2012, as Amended, passed on First Reading.

9. RESOLUTIONS

A. Authorizing Redevelopment Assistance Capital Grant – Lehigh Valley Health Network – Muhlenberg – Emergency Department

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2012-46 that authorized the execution of a Cooperation Agreement between the City of Bethlehem and Lehigh Valley Health Network to apply for a Redevelopment Assistance Capital Grant Program through the Commonwealth of Pennsylvania in the amount of $1.5 million for the purpose of assisting Lehigh Valley Health Network – Muhlenberg in the renovation of the Emergency Department.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

B. Certificate of Appropriateness – 502 East Fourth Street

Mrs. Belinski and Mr. Reynolds sponsored Resolution 2012-47 that granted a Certificate of Appropriateness to install signs at 502 East Fourth Street.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

C. Certificate of Appropriateness – 425 Wyandotte Street

Mrs. Belinski and Mr. Reynolds sponsored Resolution 2012-48 that granted a Certificate of Appropriateness to install signs at 425 Wyandotte Street.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

D. Certificate of Appropriateness – 805 East Fourth Street

Mrs. Belinski and Mr. Reynolds sponsored Resolution 2012-49 that granted a Certificate of Appropriateness to install a sign at 805 East Fourth Street.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 6. The Resolution passed.

10. NEW BUSINESS.

None.

11. PUBLIC COMMENT

Bradley Street – 500 Block – Change to One Way

Dixie White, 529 Ontario Street, related that moved back to Bethlehem in 1990 and has lived on Ontario Street for the past 21 years. She developed her entire yard into a garden and wildlife habitat. In August 2009 she retired from her position as a case worker for Northampton County Children and Youth and then Drug and Alcohol. She has a neighbor who does not like wildlife, there was destruction of her grandmother’s honeysuckle and once that was gone she could see all of the flooding from her yard was coming from Bradley Street across the parking lot. When kind requests had no result, she went to Zoning and then the retaliation began. First there was a report to the Health Department that she was illegally raising bees and that was resolved. Ms. White continued on to say that in September her yard was voted the best overall wildlife habitat in the City of Bethlehem and her neighbor celebrated that by getting Zoning to approve a six foot high fence between his property and hers on the entire 110 feet of the property line. Ms. White highlighted the fact that late last fall, do not enter signs were installed at the bottom of Bradley Street which is the alley behind her home. Ms. White was told that it was a joint decision between the City Traffic Engineer and TD Bank’s Project Engineer. Ms. White informed the assembly that she is now going to move out of the area. She was later told that it was approved by the Planning Commission, but no one ever notified the adjacent property owners. Without notice, lines were painted in the street and the do not enter signs were installed. Ms. White explained it is a problem for residents to try to park in their garage or to drop off something in the rear of their property, and it is a problem for the small business person who is at the meeting tonight, the owner of Alex’s Foreign Car Service. He has been a successful small businessman for the past 44 years. Ms. White communicated it is an issue of justice that she decided to take on, of several small business owners, property owners, and low income residents against the City of Bethlehem and big business, TD Bank. Ms. White noted that the website of the bank does not direct people through Bradley Street. It tells people to go around the block and come in on Wyandotte Street, even if someone lives on Bradley Street. If she wants to get to her garage she cannot go one tenth of a block up the hill, she has to go through the bank lot, turn right on Wyandotte, go up two blocks to Sioux Street, turn down the alley if there are no cars blocking it, or go on Ontario Street, down a block, up Itaska Street, and then down Bradley Street. Ms. White highlighted the fact that is 210 additional miles a year if it is done 300 times a year, and that is grossly unfair and unreasonable.

Ellen Marx, 241 W. Fairview Street, said she is a friend of Ms. White’s and when she comes to visit her she would use Bradley Street and park in her garage because there is no parking on Ontario Street. Now, people have to go around, it is confusing, she does not do it anymore, and Ms. White instead comes to her home on Fairview Street. Putting the signs up on Bradley Street is just another sign of what Bethlehem does to neighborhoods. Where Ms. Marx lives on Fairview Street, the City closed off the alley by her home and they have no access to that alley anymore either. Ms. Marx noted that the City is taking citizens who have been living on the South Side their whole lives and moving them out of the City because they cannot get to their homes. Ms. Marx remarked shame on the City and on TD Bank for doing this.

Bill No. 10 – 2012 – Replacing Section 721.05 – Sidewalk Vendors

Al Bernotas, 1004 Johnston Drive, stated that Councilwoman Dolan did an outstanding job bringing up the vendor issues that included the hours of operation. He commended Councilman Recchiuti and said he appreciates his flexibility with his Amendment and going along with Councilwoman Dolan’s Amendment. Mr. Bernotas added that he appreciates Councilman DiGiacinto’s flexibility and firmness in making sure that the vendors are in one place. Mr. Bernotas commented maybe there should not be any hours and people should run their business as needed, or as a Council fix the hours so the Members do not have to get involved in each vendor that would come in for certain hours. Mr. Bernotas suggested that during the hours of 3:30-6:30 AM every morning there should be no vendors on the street. He thought vendors should be able to be open 7 days a week and wondered why Sunday is singled out as there could be people who worship on Saturday and may not want noise on Saturday. Mr. Bernotas remarked that when the property owners sign off to allow a vendor to be on their property there should be a form letter that tells the City what hours the property owner will permit the vendor to be there.

Human Relations Commission Member – Controller Vacancy Discussions

Robert Pfenning, 2830 Linden Street remarked that under the Human Relations Ordinance and establishing the Commission the members must be residents of the City of Bethlehem or owners of a business in the City of Bethlehem. Mr. Pfenning said there was an Administrative Order tonight that approves an address that is neither a residence nor a place of a business and he stated shame on Council for letting that through. Mr. Pfenning commented that when he gets into a voting booth and makes a choice he should have the right to evaluate the person he is voting for. Mr. Pfenning pointed out that as a member of the public behind the podium he is subject to a number of rules and regulations, he cannot talk for more than 5 minutes, can only talk about certain topics at certain times, cannot insult and criticize individual Council Members. However during the discussions concerning the Controller Vacancy it became obvious that at least one member of Council was concerned with when, where, and whom Mr. Pfenning associates, specifically after the City Council Meetings. Mr. Pfenning thought this is a gross invasion of his personal space and his personal rights. Mr. Pfenning stressed that if he cannot criticize Council, then Council Members do not have the right to comment on what he does in his off time when he is not standing behind the podium.

Various Issues

Dave Sanders, 6 E. Washington Avenue, noted the hours of operation of his business are set by Zoning but after listening tonight he might be able to put a hot dog stand outside and change those hours. Mr. Sanders thanked City Council for the job they have done for the past 10 years that he has been coming to City Council Meetings, and also thanked the Mayor and the Administration that has changed over the 10 years, worked hard, and has done a great job. Mr. Sanders recalled that Eighth Avenue and the Bethlehem Steel property have changed. Mr. Sanders stated that Bethlehem is without a doubt the best City anyone could ever want to live in, and he would never leave it. Mr. Sanders, referring to charging fees for funeral processions led by a police officer, expressed the hope that it is not the families who must pay for this. He communicated there are former Mayors, Council Members, Police Officers, and Firemen, and their last respect is to be led by the Bethlehem Police Department. Referring to a newspaper article regarding a discussion about fining City employees if they spend money without the approval of City Council, Mr. Sanders noted those expenditures happen every year from January to February. Mr. Sanders said he would like to see that City Council can work with the Administration. When a new Mayor is elected soon he would like to know that this person knows they can work with Council.

Stephen Antalics, 737 Ridge Street, stated that Council and the Mayor are required to live in the City as elected public servants and that makes good reason for living in the City. He continued on to say the people who work in the City appointed to their positions are civil servants and they should know the City. Recalling he brought this up on two previous occasions, Mr. Antalics pointed out there was an Ordinance requiring employees to live in the City and it was repealed. Some of you have privately said that this was a good idea. He noted the previous Director of Parks and Traffic Engineer lived in the City, and knew the City and the people. They did what was needed for the City because they had empathy for the City. Mr. Antalics stressed that the South Side is a traffic maze and there is no reason how the streets are assigned one way. Third and Fourth Streets are the borders of the one way streets. Mr. Antalics thought that the people who work in the City need to live in the City so maybe they would drive around the City instead of driving home to another City. Mr. Antalics urged Council to review the former residency Ordinance and reenact it.

Dana Grubb, 2420 Henderson Place, informed the assembly that he looked at Bradley Street, and what is apparent is that there were some good intentions with unintended consequences. The narrow alley was two ways, there were no problems, but someone decided that it needed to be fixed. He expressed the hope that Ms. White, her neighbors, and the appropriate City offices can get this resolved because it is a difficult neighborhood to find parking, and the traffic flow of the streets is narrow. Mr. Grubb complimented both the Administration’s negotiating team and the FOP negotiating team on the recent Police contract. He said the end result was that the residents of the City were well respected, it was a fair contract, and it was reflective of the economic times. Mr. Grubb mentioned that because of the bad weather last year there is a pedestrian bridge that was taken out along the Monocacy pathway and the situation, if not already fixed, makes it an impediment to navigate through that area. He expressed concern that the City’s recreational

facilities have the ongoing issue of maintenance. Mr. Grubb, adding that he is not against the Skate Park or the Greenway, pointed out that when damage is done for whatever reason in one of these recreational areas, and the City is focused more on creating new areas, he thinks focus is lost on the fact that the City has a responsibility to take care of what is already there.

Bradley Street – 500 Block – Change to One Way

Tony Simao, 1135 E. Third Street, explained that Julio Lopes, who is a second cousin of his father, has had a successful car shop on the South Side which is accessible through a narrow alleyway. Now that TD Bank was built, he has no access on either side of the building, the alleys are both one way down and very hard to access. In his case he also has to deal with tow trucks, not just a car going into a private garage. Mr. Simao pointed out that Mr. Lopes’ business is being directly impacted by the installation of the Do Not Enter signs on Bradley Street. Mr. Lopes told him that if the street does not change back to the way it was before TD Bank was built, it will directly impact his business and he will probably have to close and move out. Mr. Simao believed that because of the way the street is it will create a dead zone, and no one will want to buy properties there, particularly if it is difficult to get to a home. Mr. Simao urged Council to take a look at the Bradley Street issue and if possible to change it back to the way it was.

Jose Maury, 604 Wyandotte Street, stated that it is very difficult to park on Wyandotte especially around the time of 5:00 p.m. and motorists do not give others a chance to pull over and park. Mr. Maury advised that he has a two car garage on Bradley Street but now because of the do not enter signs he has go to two blocks up, one block down, two blocks behind the alley, and about half a mile out of his way just to park in his garage. Mr. Maury emphasized that by putting up the Do Not Enter signs on that portion of Bradley Street it makes it very difficult to get to Bradley Street and his garage.

The meeting was adjourned at 9:00 p.m.