Bethlehem Council MInutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, September 4, 2012 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

Pastor Jim Lowe, of GraceWay Baptist Church, offered the invocation which was followed by the pledge to the flag.

1. ROLL CALL

President 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 August 21, 2012 were approved.

3. PUBLIC COMMENT

Bill No. 25 – 2012 - Amending Article 1739 - Regulated Rental Unit Occupancy

Al Bernotas, 1004 Johnston Drive, remarked he thinks Bill No. 25, Amending Article 1739 - Regulated Rental Unit Occupancy, is terrific. He noted there will be an enforcement mechanism to count the number of people that are legitimate tenants at a property. Mr. Bernotas said his only question is how this will be enforced. He commented it seems that even if it is known how many people are legally in a rental unit, it would be hard to keep a count of them.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

5. COMMUNICATIONS

A. City Solicitor – Use Permit Agreement for Public Property – Greater Lehigh Valley Chamber of Commerce, Downtown Bethlehem Association – 2012 Bethlehem Fashion Show

The Clerk read a memorandum dated August 30, 2012 to which was attached a proposed Resolution between the Greater Lehigh Valley Chamber of Commerce, by and through its Downtown Bethlehem Association, for use of the area beneath the Hill-to-Hill Bridge for the 2012 Bethlehem Fashion Show, according to the Agreement.

President Evans stated Resolution 9 I is listed on the Agenda.

6. REPORTS

A. President of Council

1. Councilmanic Appointment – Chelsea Hahalis - Bethlehem Human Relations Commission

President Evans appointed Chelsea Hahalis to membership on the Bethlehem Human Relations Commission, effective until March 2013. Mr. DiGiacinto and Mr. Donchez sponsored Resolution No. 2012-140 to confirm the appointment.
Ms. Dolan, noting she has known Ms. Hahalis for a number of years, said she is a terrific, bright young woman interested in giving back to her community, who brings a lot of diverse contacts, understanding of issues as they arise for younger people, and will make an excellent member.

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

B. Mayor

Joseph Kelly, Acting Mayor, advised there is no report on behalf of Mayor Callahan.

C. Public Safety Committee

Mr. Donchez, Chairman of the Public Safety Committee, gave an oral report of the Committee’s meeting held this evening, September 4, at 6:15 PM in Town Hall prior to the Council Meeting on the following subjects: Police Department - Staffing – Current Levels, Vacancies, Retirements; Overtime; Updates – CODY, 911 System – Radio Failure, 60 W. Broad Street – Substation, Wilson-Kramer Building; Musikfest – 2012 Coverage; Crime Statistics – Increases/Decreases: Burglaries, Robberies, Other; House Bill 2043 – Partial Waivers for Federal and Military Applicants; Equipment Needs – 2013; and New Programs/Initiatives.

7. ORDINANCES FOR FINAL READING

None.

8. NEW ORDINANCES

A. Bill No. 24 - 2012 – Amending Article 531 – Handicapped Parking Violations – Special Condition
The Clerk read Bill No. 24 – 2012 – Article 531 – Handicapped Parking Violations – Special Condition, sponsored by Mr. DiGiacinto and Mr. Donchez, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA,
AMENDING SECTION 531.99 (c) OF ARTICLE 531,
ENTITED, PARKING GENERALLY, OF THE CODIFIED
ORDINANCES OF THE CITY OF BETHLEHEM.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 24 – 2012, was declared passed on First Reading.

B. Bill No. 25 – 2012 – Amending Article 1739 – Regulated Rental Unit Occupancy

The Clerk read Bill No. 25 – 2012 – Amending Article 1739 – Regulated Rental Unit Occupancy, sponsored by Mr. DiGiacinto and Mr. Donchez, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 1739 OF THE CODIFIED ORDINANCES
ENTITLED REGULATED RENTAL UNIT OCCUPANCY.

Ms. Dolan asked if there is anything that addresses recycling containers.

Joseph Kelly, Director of Community and Economic Development, explained there is not a recycling problem but rather a trash problem at student housing.

Ms. Dolan, exemplifying that after a weekend event at Illick’s Mill park there are overflowing trash containers into which recyclables are mixed, further pointed out at Monocacy Park there are trash containers but the recycling containers are located in an area as one leaves the park. Ms. Dolan highlighted the fact that people throw everything into trash containers if a recycling container is not located next to it.

Mr. Kelly, affirming there is not a recycling problem in the student housing area, advised that bags of trash are left outside because there are not enough trash containers resulting in rats and vermin going into the garbage and dragging it throughout the area. Mr. Kelly confirmed that Tom Marshall, Recycling Coordinator, did not think there was an issue with recycling containers.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 25 – 2012, was declared passed on First Reading.

C. Bill No. 26 – 2012 – Amending General Fund Budget – Healthy Women, HIV/AIDS, Bioterrorism

The Clerk read Bill No. 26 – 2012 – Amending General Fund Budget – Healthy Women, HIV/AIDS, Bioterrorism, sponsored by Mr. DiGiacinto and Mr. Donchez, 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: Mr. Donchez, Mr. Recchiuti, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 26 – 2012, was declared passed on First Reading.

D. Bill No. 27 – 2012 – Amending Non-Utility Capital Budget – Ice Rink, Johnston Park, South Bethlehem Greenway, Genoa Street – B. Braun, William Street Improvements, EMS Repeater System, Skate Park Project

The Clerk read Bill No. 27 – 2012 – Amending Non-Utility Capital Budget – Ice Rink, Johnston Park, South Bethlehem Greenway, Genoa Street – B. Braun, William Street Improvements, EMS Repeater System, Skate Park Project, sponsored by Mr. DiGiacinto and Mr. Donchez, 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: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 27 – 2012, was declared passed on First Reading.

9. RESOLUTIONS.

A. Approving Use Permit Agreement for Public Property – Fall Festival – Incarnation of Our Lord Parish

Mr. DiGiacinto and Mr. Donchez sponsored Resolution 2012-141 that authorized a Use Permit Agreement between Incarnation of Our Lord Parish and the City for use of Laufer Street between Pierce and Buchanan Streets for a Fall Festival on September 22, 2012, according to the Agreement.

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

B. Approving Use Permit Agreement for Public Property – Celtic Fest

Mr. DiGiacinto and Mr. Donchez sponsored Resolution 2012-142 that authorized Amendment No. 1 to Use Permit Agreement between Celtic Fest, Inc. d/b/a Celtic Cultural Alliance and the City for the Celtic Classic 2011, 2012, and 2013, according to the Agreement.

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

C. Approving Highway Safety Project Grant

Mr. DiGiacinto and Mr. Donchez sponsored Resolution 2012-143 that authorized grant documents with the Pennsylvania Department of Transportation for Highway Safety Project Grant No. IDP-2013-Bethlehem City-00021.

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

D. Approving Records Destruction - Police

Mr. DiGiacinto and Mr. Donchez sponsored Resolution No. 2012-144 that authorized the disposition of the public records from the Police Department as listed in Exhibit A, according to schedules and procedures for the disposition of records as set forth in the Municipal Records Manual approved on December 16, 2008 and Resolution 2010-6.

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

E. Transfer of Funds – Fire Department – Overtime

Mr. DiGiacinto and Mr. Donchez sponsored Resolution No. 2012-145 that transferred $15,000 in the General Fund Budget from the Unforeseen Contingency Account to the Fire – Overtime Account for overtime.

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

F. Transfer of Funds – Buildings Temporary Help

Mr. DiGiacinto and Mr. Donchez sponsored Resolution No. 2012-146 that transferred $10,000 in the General Fund Budget from the Buildings - Salaries Account to the Buildings – Temporary Help Account for temporary help through the end of the year for custodial work.

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

G. Transfer of Funds – Recreation Temporary Help

Mr. DiGiacinto and Mr. Donchez sponsored Resolution No. 2012-147 that transferred $13,000 to the Recreation-Temporary Help Account from the following: $3,000 – Pool Chemicals and $10,000 – Parks Maintenance – Salaries, for temporary help for the balance of the year for Sand Island tennis, basketball, and the Ice Rink.

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

H. Transfer of Funds – Armory Planning Study

Mr. DiGiacinto and Mr. Donchez sponsored Resolution No. 2012-148 that transferred $30,000 in the Community Development Budget from the BEAR Program Account to the Armory Planning Study Account, for the study.

Ms. Dolan asked whether the BEAR Program can remain functional without the $30,000. Mr. Kelly, affirming that money can be transferred into the BEAR Program if necessary, explained that objectives can also be met through the Facade and Business Loan Programs. Ms. Dolan asked about the objectives, goals, and outcomes being sought from the Armory Study. Mr. Kelly commented that zoning would be reviewed first to determine what can be done, the building would be studied to see what it can support, and community input would be sought to find out what people want to see there. Mr. Kelly advised that, from the City’s perspective, the Armory building is open to any number of uses that would fit in that section of the City. The architects would address adaptive use possibilities, and come to decisions on this fairly unique building. In further response to Ms. Dolan, Mr. Kelly affirmed that the Redevelopment Authority announced it has chosen USA Architects for the study. Mr. Kelly explained the study would provide a list of various acceptable uses that would be included in an RFP. He added that if a building is simply sold to a developer, then the City loses the opportunity to specify how a building can be best utilized. In order to dictate those terms to a developer, the City has to ensure they will work. Mr. Kelly continued on to explain that the City has partnered with the Redevelopment Authority. He affirmed that Tony Hanna, Executive Director of the Redevelopment Authority, has developed the scope of work, and is experienced in studying and adaptively reusing buildings. Mr. Kelly noted that the matter was discussed at a Redevelopment Authority meeting that Mr. DiGiacinto attended.
Ms. Dolan said she would like to see what should be expected before money is transferred. Mr. Kelly, restating the City has entered into a contract with the Redevelopment Authority asking them to conduct the study, confirmed the money would be transferred from the City to the Redevelopment Authority. Mr. Kelly noted the Redevelopment Authority Board wants to go forward, and that Ms. Dolan could talk to Mr. Hanna. He continued on to say newspaper articles reported on the concept of the feasibility study, and potential use of CDBG funding.

Ms. Dolan asked if City Council could get a copy of the agreement and scope of work from USA Architects, and Mr. Kelly responded in the affirmative.

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

I. Approving Use Permit Agreement for Public Property – Greater Lehigh Valley Chamber of
Commerce, Downtown Bethlehem Association – 2012 Bethlehem Fashion Show

Mr. DiGiacinto and Mr. Donchez sponsored Resolution No. 2012-149 that authorized a Use Permit Agreement between the Greater Lehigh Valley Chamber of Commerce, by and through its Downtown Bethlehem Association, and the City for use of the area beneath the Hill-to-Hill Bridge for the 2012 Bethlehem Fashion Show on September 22, 2012, according to the agreement.

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

Motion – Considering Resolutions 9 J through 9 M as a Group – Certificates of Appropriateness

Mrs. Belinski and Mr. DiGiacinto moved to consider Resolutions 9 J through 9 M as a Group.

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

J. Certificate of Appropriateness – 23 East Fourth Street

Mr. DiGiacinto and Mr. Donchez sponsored Resolution No. 2012-150 that granted a Certificate of Appropriateness to install window signs at 23 East Fourth Street.

K. Certificate of Appropriateness – 102 East Fourth Street

Mr. DiGiacinto and Mr. Donchez sponsored Resolution No. 2012-151 that granted a Certificate of Appropriateness to install a projecting sign, vinyl window lettering, and a new awning at 102 East Fourth Street.

L. Certificate of Appropriateness – 310 Brodhead Avenue

Mr. DiGiacinto and Mr. Donchez sponsored Resolution No. 2012-152 that granted a Certificate of Appropriateness to replace the front façade damaged when a vehicle drove through the building at 310 Brodhead Avenue.

M. Certificate of Appropriateness – 503 East Fourth Street

Mr. DiGiacinto and Mr. Donchez sponsored Resolution No. 2012-153 that granted a Certificate of Appropriateness to install a sign at 503 East Fourth Street.

Voting AYE on Resolutions 9 J through 9 M: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. The Resolutions passed.

10. NEW BUSINESS.

Rescheduling the Second City Council Meeting in September

Mr. Donchez and Ms. Dolan moved to reschedule City Council’s second Meeting in September to Wednesday, September 19 at 7:00 PM in Town Hall since Rosh Hashanah begins Monday, September 17.

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

Committee Meeting Announcement; President of Council Comments

Chairman DiGiacinto re-announced a Community Development Committee meeting on Wednesday, September 5, 2012 at 7:00 PM in Town Hall on the following subjects: Zoning Ordinance Amendments: Corner Lots, Landmark/Demolition, Recreational Vehicles – Parking, Flood Plain Ordinance; LERTA; Updates: Economic Development Loan Program, Main Street Streetscape.

President Evans thanked the Administration for bringing the Zoning Ordinance Amendment Proposals promptly to Committee for review.

President Evans offered the thoughts and prayers of City Council to Ralph Lindgren, Chairman of the Human Relations Commission, concerning the situation for him and his late wife, and to William Fitzpatrick, member of the Zoning Hearing Board, in light of the recent occurrence.

11. PUBLIC COMMENT

Appointment - Human Relations Commission

Chelsea Hahalis, 2113 Henderson Street, thanked City Council for voting for her appointment to the Human Relations Commission. She thanked Mr. DiGiacinto for his nomination and Ms. Dolan for her continued support.

Definition of Family

Steven Antalics, 737 Ridge Street, stating that he would like to follow up on his earlier comments during the Public Safety Meeting, said he would like to ask Chairman DiGiacinto whether he could put on the Community Development Committee agenda the issue of definition of family. Mr. Antalics related that the recent outcry concerning the conversion of a bed and breakfast on North New Street to an office building was very intense and understandably so because these are concerned citizens. Mr. Antalics communicated that, while they made a very good point, there was very little comment on the definition of family. Mr. Antalics highlighted the fact that the ratio of privately owned to rental property on the North Side is very low versus the South Side where rental properties are in excess of 60%. Mr. Antalics stressed that the beauty of a community with a high percent of home owned properties is that it develops a strong civic pride. He observed that pride was clearly displayed by the people who argued for preserving their community. Mr. Antalics asserted if one looks at the net affect of both definitions the South Side will suffer more in general from that definition. Mr. Antalics pointed out it is unfortunate that with this high percentage of rental properties and transients the civic pride of the South Side has dramatically diminished. This is very sad because the South Side is a very integral part of the City of Bethlehem. Mr. Antalics noted that he spoke of his definition of family and his plan for the South Side designation from a civic pride point of view and some knowledgeable people in government and education thought it was a very good idea. The thought in his mind and confirmed by others was that the people who worked on the zoning ordinance should have thought about that but maybe they do not come to the South Side often enough. Mr. Antalics added that when some employees end their work day at City Hall and go home, maybe their home is 20 or 30 miles away and they do not have City pride, so it just becomes a job. In looking at people in responsible positions in the City, Mr. Antalics said he would strongly urge going back to an old ordinance that required employees to reside in the City. Mr. Antalics thought if employees reside in the City they will get a sense of the problems that exist in parts of the City that they do not see because they do not get there, since they are not residents.

The meeting was adjourned at 7:40 p.m.