Bethlehem Council MInutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, October 2, 2012 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

Pastor Robert Rentler, of New Covenant Christian 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 September 19, 2012 were approved.

3. PUBLIC COMMENT

Amendment to Proposed Zoning Ordinance – Article 1304 – Reuse of Corner Commercial Uses in RT and RG Residential Districts

Bruce Haines, 63 W. Church Street, commenting this is the last time for him to speak about Section 1304.04 before it goes to the Planning Commission, expressed that he wants to encourage further refinement in the proposal. Focusing on the original concept of the corner store, Mr. Haines thought of a corner store as a place where the family lived on the second floor and had a mom-and-pop store below where people could get newspapers, milk, candy, and other things. Stressing that was the concept everyone was looking towards for corner stores in the Article, Mr. Haines advised it was not until the eleventh hour that the residents actually got a chance to look at the language that was in the Ordinance. At that point, they discovered it was written in a way that anything goes on any corner lot for a business with the exception of having fried foods and adult entertainment. Mr. Haines highlighted the fact that the way it was written it was the least restrictive of any zoning district in the entire City. Mr. Haines noted that since then there have been changes as a result of the input of the citizens, and the City recognized the flaws in the initial language. Confirming that further restrictions were added on alcohol use and sales, and another restriction to allow only one business, Mr. Haines communicated that the proposal has not quite gotten to the point where the residents want to see it. Mr. Haines, remarking that at the last meeting he made the same statement he will make tonight, said he is asking for three additional provisions to be included before the proposed Ordinance goes to the Planning Commission. Mr. Haines asserted it is important that City Council set the proper ground rules for what can and what cannot be at a corner store property, rather than leaving the decision up to the Zoning Hearing Board and for the citizens then to try to convince the Board that there will be detrimental effects to the neighborhood. Mr. Haines pointed out that the uses for a corner store in Section 1304.04 are much broader than for any other district. Mr. Haines stated the three things he is asking to be considered to be added are further restrictions on two uses, one is pawn shops and the other is a tattoo parlor. The third component that he thought is the most important is the concept of the introduction of a business into a residential neighborhood, and he believed that the business should have a residential component. Mr. Haines proposed that a business at a corner lot should be owner/occupied. Acknowledging that several people think this is a bit onerous, Mr. Haines pointed out that it tends to be what a corner store always was. Mr. Haines emphasized that at the very least there should be someone residing at the facility. Highlighting the fact that the provisions for a bed and breakfast do require the owner or operator to live there, Mr. Haines affirmed there is precedence within the zoning to require something like that. Mr. Haines commented that, conceptually, if there is a two story building there should be some wording that precludes the business from going beyond the first floor where the window is and where the store would typically be on the lower floor, and the residence would be required on the top floor. Mr. Haines stated under this provision there would still be a resident in a residential neighborhood who is there 24/7 and on weekends when everyone else is living in the neighborhood. Mr. Haines communicated he is only asking that the proposed Ordinance go back to the original roots of the corner store by having a residential component, and adding a few more restrictions on uses that are not even permitted in some commercial zones.

Bill Scheirer, 1890 Eaton Avenue, seconded the remarks made by Mr. Haines, particularly having some sort of residency in a corner property. Mr. Scheirer said if it is really commercial it is more of an intrusion, but if it is commercial/residential that is less of an intrusion and it would serve to moderate any business operations as well.

Stephen Antalics, 737 Ridge Street, stated that he strongly supports what Mr. Haines just stated. Mr. Antalics remarked that in the 1930’s he lived along Summit Street where it intersects Montclair Avenue. Across the corner from his home was an IGA Store that was a true corner store, and he had that picture in his mind as Mr. Haines was speaking because that fits what he would accept. Mr. Antalics communicated that as a private citizen he has a right to keep his area of living to a certain quality of life. Mr. Antalics pointed out that the citizens of Bethlehem see the needs of one another and are mutually supportive, so all he is asking is that extreme sensitivity should be shown to what Mr. Haines spoke about because he is absolutely right.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

5. COMMUNICATIONS

A. Intermunicipal Liquor License Transfer Request – Envy, LLC – 217 Broadway

The Clerk read a letter dated September 14, 2012 from Attorney Matthew M. Nichols representing Envy, LLC and Greg Salomoni, individually, with regard to an Intermunicipal Liquor License Transfer from P.F. Chang’s China Bistro, The Summit at Lehigh Valley, 4300 Freemansburg Avenue, Easton, Northampton County, Pennsylvania, to Envy, 217 Broadway, Bethlehem, Northampton County, Pennsylvania.

Scheduling Public Hearing

Mr. Donchez and Ms. Dolan moved to schedule a Public Hearing on Tuesday, October 16, 2012 at 7:00 PM in Town Hall.

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

President Evans noted that, under Agenda Item 10 A, he will accept a motion to reschedule the Public Hearing for the Liquor License Transfer Request of Corked Wine Bar from tonight’s Council Meeting to October 16 to meet notification requirements. This would result in having two separate Public Hearings at the October 16 Council Meeting on the two Liquor License Transfer Requests. The Resolutions for each of the two Liquor License Transfer Requests will also be listed on the October 16 Council Agenda.

In addition, President Evans stated there will be a Public Hearing at the October 16
City Council Meeting on the Proposed 2013 CDBG and HOME Programs, so there will be a total of 3 Public Hearings at the October 16, 2012 City Council Meeting.

B. Proposed Ice Rink Fees – 2012-2013

The Clerk read a memorandum dated August 21, 2012 from Ralph Carp, Director of Parks and Public Property, listing a proposed fee schedule for Ice Rink Season Passes.

President Evans referred the matter to the Finance Committee.

President Evans asked the Clerk to read additional Communication 5 C.
C. Housing and Community Development Planner – Proposed 2013 CDBG and HOME Programs

The Clerk read a letter dated October 1, 2012 from Irene Woodward, Housing and Community Development Planner, attached to which were the activities proposed for the City’s 2013 Action Plan that includes funding under the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs. The 2013 estimate for CDBG funding is $956,000 and for HOME funding is $229,000. The amount of reprogrammed funds is $276,733.

President Evans referred the matter to the Community Development Committee.

6. REPORTS

A. President of Council

None

B. Mayor

1. Administrative Order – Donald J. Pulley, Sr. – Electricians’ Examining Board

The Mayor reappointed Donald J. Pulley, Sr. to membership on the Electricians’ Examining Board effective through July 2015. Mr. Donchez and Mr. Recchiuti sponsored Resolution 2012-159 to confirm the appointment.

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

2. Administrative Order – Silagh M.C. White – Fine Arts Commission

The Mayor reappointed Silagh M.C. White to membership on the Fine Arts Commission effective through July 2015. Mr. Donchez and Mr. Recchiuti sponsored Resolution 2012-160 to confirm the appointment.

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

3. Administrative Order – Sheila O’Connell – Fine Arts Commission

The Mayor reappointed Sheila O’Connell to membership on the Fine Arts Commission effective through September 2015. Mr. Donchez and Mr. Recchiuti sponsored Resolution 2012-161 to confirm the appointment.

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

C. Controller Report

Robert Pfenning, Controller, advised there is progress on the confirming purchase order issue that occurs when purchase orders are cut after the service has been performed. Mr. Pfenning pointed out that under Article 111.01 if an employee does not have a contract, a blanket purchase order, or a P-card and wants to purchase something a requisition must be done on-line, a purchase order obtained, and then the item can be ordered. Mr. Pfenning explained the reason for his concern is that the Controller’s Office is charged with making sure this matter functions properly. Article 111.01 also points out that the Controller’s Office pre-audits all disbursements of funds. Mr. Pfenning, affirming he has spoken to the CI’s purchasing committee, expressed that if the City cannot move closer to the goal then the Controller’s Office may set standards as to what are acceptable invoices. Mr. Pfenning, adding he does not want to do this, expressed the hope that it will not go in this direction. Mr. Pfenning stated he will be meeting with Dennis Reichard, Business Administrator, Mark Sivak, Director of Budget and Finance Mark Sivak, and Linnea Lazarchak, Financial Services Director, to discuss the Audit findings. Mr. Pfenning added he would expect that next year he will be more active in going out and doing some detailed field type work. Mr. Pfenning, focusing on the issues of miscellaneous accounts receivable and their collection, stated he does not want to see this matter get out of control. He informed the assembly there are a few areas, including the area of festivals, and the growth of miscellaneous receivables about which he is concerned.

Mr. Pfenning, turning to the topic of festivals, confirmed that a use permit agreement modification was recently passed for the Celtic Classic. He continued on to inform the Members that in the past few months his office looked at the use permit agreements for festivals. It came to their attention that there were some short falls in the execution of the current Use Permit Agreement for Celtic Classic and the prior Use Permit Agreement. Mr. Pfenning commended the Administration for realizing there was a problem and that they were facing a situation that needed some compromise. Confirming that the Administration worked out a compromise with the Celtic Classic, Mr. Pfenning thought it was a good arrangement, and affirmed that City Council voted on the Amendment to the Use Permit Agreement. He highlighted the fact that this is a good example of government working together and getting things done in the best interest of the citizens and of the festival. Mr. Pfenning, recalling a concern he had about business privilege licenses at festivals, advised he has been working with Stephanie Copek, Supervisor of the Tax Bureau, to understand what the Bureau is doing in collecting business privilege license taxes. Mr. Pfenning reported that for the Blueberry Festival they got voluntarily about 87% compliance, for Musikfest the rate was 96%, and Celtic Classic was 86% as of last Friday. Mr. Pfenning reported that when he walked around Musikfest on Saturday on the entire lower grounds he saw five prominently displayed business privilege licenses. Mentioning that ArtsQuest was aware that he would be checking on Tuesday, Mr. Pfenning advised when he returned to Musikfest with Ms. Copek on Tuesday many of the business privilege licenses were clearly displayed, especially in the food vendor area. He noted that the crafters and retailers were not that good in displaying the licenses. Pointing out that the Use Permit Agreement requires that business privilege licenses be displayed, Mr. Pfenning noted the businesses are just not displaying them as should be done. Mr. Pfenning thought it is important for the City’s bricks and mortar merchants to see that the vendors that just show up on weekends are not getting a free ride. Mr. Pfenning stated he will continue with this matter. Mr. Pfenning said in his opinion the Tax Bureau could use more human resources in order to get these taxes collected. Mr. Pfenning noted he walked around this past Saturday at Celtic Classic looking for craft vendors who had not paid their license fee, and reiterated that more help is needed. Exemplifying that the fine in the Ordinance is $600 per person, Mr. Pfenning pointed out that for the five crafters who did not display licenses, the City could receive about $3,000 with his testimony at the District Justice, but it is a problem of getting together the Tax Bureau resources to get this done. He communicated that the City should enforce its Ordinances regarding festivals. Mr. Pfenning advised that as he was walking around looking for business privilege licenses he was also looking for health licenses at the food vendors and he did not see many displayed. He added that he will look into this because it is more of a liability for the City than unpaid business privilege licenses.

Mr. Pfenning confirmed that City Council passed a revision to Article 111, City Controller, that cleared up those related matters. He added that Article 121, Finance, which deals with Council and the financial operations of the City needs to be reviewed. Turning to the Communication read earlier requesting the change in Ice Rink fees, Mr. Pfenning noted the State law is silent on what fees Council has to approve and what fees they do not have to approve. Mr. Pfenning said he would like to know what fees Council approves and what fees they do not approve. Focusing on the contract for the ice rink concession stand listed on the Agenda this evening, Mr. Pfenning commented it has been in his office since the end of April in view of the fact that seven years ago Council approved a three year lease with another three year option through the end of the 2012 season. He pointed out that Jennifer Doran, Assistant City Solicitor, did a very good job in reviewing it and informed him that in her legal opinion there is no need to worry about what is there. Mr. Pfenning explained his reluctance in signing the document was that there was nothing in the contract that stated if the City shuts the ice rink down for a year it will give the lessee another year. Consequently, he did not know based on precedence whether or not Council should approve a one year extension. He reiterated that the issue is the precedence and what should Council approve and what should they not approve. Mr. Pfenning, expressing he would like clarity regarding these matters, observed that the clarity could reside in Article 121. Mr. Pfenning confirmed that he met with President Evans and Council Member Donchez and discussed the topic of budget transfers, and reassigning line item amounts. Confirming that City Council approves a very detailed Budget annually and makes amendments to it during the year, Mr. Pfenning denoted that Section 1804 of the Third Class City Code and Codified Ordinance Section 121.01 have the 5% rule but it is not applicable in many instances. Mr. Pfenning advised the matter is based on a memo from then Assistant City Solicitor Karras during 2000, and on a 1950 ruling of then City Solicitor Butterfield. Mr. Pfenning indicated he will ask the City Solicitor’s office to revisit this to determine whether anything needs to be changed based on the law for budget transfers.

Mr. Pfenning advised that he met with the Controller of the City of Allentown and found out their procedure is a piece of paper on which all the budget line item transfers must be written and approved by the appropriate personnel. When the amount goes above $5,000 all Council Members have to sign off on the item. Mr. Pfenning notified the Members that he will produce a listing beginning in September 2012 of internal budget line item transfers of $5,000 or greater so that the Members of Council can review them.

Mr. Donchez highlighted the fact that the memo from Solicitor Butterfield referenced by Mr. Pfenning was from 1961 and not 1950.

Ms. Dolan asked how would Council know which of the festivals would require a lease permit agreement or which would not. She noted that some of the street festivals do not go through the use permit agreement process. Mr. Pfenning, replying he does not know the total answer, noted one day festivals do not fall under the Business Privilege Tax Ordinance. Mr. Pfenning added that there is no Use Permit Agreement for the Blueberry Festival but that does not involve the use of any City of Bethlehem property, and is all located on private property. He noted that the use permit agreement is for use on City property so if there are any streets being used there must be a use permit agreement. Mr. Pfenning remarked that the Solicitor’s office could give a better definition.

Ms. Dolan inquired why churches and neighborhoods are exempt when they use City property, if they use the street. Mr. Pfenning expressed his understanding is that there is a process put in place through the CI program for handling festivals and events. The permitting process goes through the Parks Department so that the various things are coordinated, so there is a process for the churches and street fairs to go through.

Mr. Reynolds commented that Celtic Classic has been addressed in years past but he understands the point Mr. Pfenning is trying to make. He observed the message about what festivals bring to the City may sometimes get lost in discussing matters related to Use Permit Agreements for festivals. Mr. Reynolds thought it needs to be said that while discussions about use permit agreements and business taxes are important, it is also important to tell the other part of the story that sometimes these festivals run into problems, and it had to do with the weather. Mr. Reynolds communicated it can give the wrong message that sometimes the City is not appreciative.

Mr. Pfenning explained he was bringing up the fact that Council passes Resolutions and when they are not followed he follows up on it. Advising he is not questioning whether the Resolution is good, bad, or indifferent, Mr. Pfenning pointed out in the case of the Celtic Classic everyone won and he is just going by the Resolution.

7. ORDINANCES FOR FINAL READING

A. Bill No. 28 - 2012 – Amending Article 342 – LERTA – Continuation and Extension;
Changing Boundaries

The Clerk read Bill No. 28 – 2012 – Amending Article 342 – LERTA – Continuation and Extension; Changing Boundaries, on Final Reading.

Mr. Reynolds, noting he was not able to be in attendance at the last City Council Meeting for First Reading of the Bill, affirmed he is in support of the Bill. Mr. Reynolds expressed his agreement that the LERTA program is the right thing for the City and the City needs to do everything it can as far as encouraging investments in these areas. Mr. Reynolds communicated it is a good proposal from the Administration and he was happy to see that City Council is in support of it.

Voting AYE: Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, and Mr. Evans, 7. Bill No. 28 – 2012, hereafter to be known as Ordinance 2012-28, was declared adopted.

8. NEW ORDINANCES

None.

9. RESOLUTIONS.

A. Authorizing Records Destruction – Health Bureau

Mr. Donchez and Mr. Recchiuti sponsored Resolution No. 2012-162 that authorized the disposition of the public records from the Health Bureau 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. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, and Mr. Evans, 7. The Resolution passed.

B. Authorizing Amendment No. 4 to Lease Agreement – Ice Rink Concession Stand

Mr. Recchiuti and Mrs. Belinski sponsored Resolution No. 2012-163 that authorized the execution of Amendment No. 4 to Lease Agreement between Richard J.H. Keck, Jr. and the City of Bethlehem for the Food Concession Stand at the Ice Skating Rink at Illick’s Mill road (now known as the Earl E. Schaefer Municipal Ice Rink) for the renewal term of one additional year, beginning on Opening Day of the 2012-2013 Ice Skating Season and Ending on the Closing Date of the 2012-2013 ice Skating Season, according to the Agreement.

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

C. Authorizing Use Permit Agreement – LeadDog Marketing Group, Inc. – Runner’s World Half
Marathon and Festival

Mr. Recchiuti and Mrs. Belinski sponsored Resolution No. 2012-164 that authorized the execution of a Use Permit Agreement between LeadDog Marketing Group, Inc. and the City of Bethlehem for use of various City streets and properties for the Runner’s World Half Marathon and Festival during the period October 19, 2012 through October 21, 2012, according to the Agreement.

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

D. Authorizing Use Permit Agreement – Greater Lehigh Valley Chamber of Commerce, Downtown
Bethlehem Association – Harvest Festival

Mr. Donchez and Mr. Recchiuti sponsored Resolution No. 2012-165 that authorized the execution of a Use Permit Agreement between the Greater Lehigh Valley Chamber of Commerce, by and through its Downtown Bethlehem Association and the City of Bethlehem for use of Main Street between Broad Street and Church Street for the Harvest Festival on October 13, 2012, according to the Agreement.

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

E. LERTA Program – Expanding Boundaries

Mr. Donchez and Mrs. Belinski sponsored Resolution 2012-166 that designated the LERTA boundaries in the City of Bethlehem, Northampton County, within which exemptions may be granted for improvements to deteriorated industrial, commercial, or other business properties authorized for exemption under Act 76 of 1977, effective January 1, 2013, described in the attached Exhibit A. The boundaries were expanded to include the Eastern Gateway bounded by Daly Avenue to the north, Lynn Avenue to the east, Fifth Street to the south and generally Edward Street to the west, and portions of Third Street and Fourth Street from Hayes Street westwardly to Broadway, Wyandotte Street and Route 378 at the Five Points area.

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

10. NEW BUSINESS.

A. Rescheduling Public Hearing Date – Liquor License Transfer Request – Corked Wine Bar Inc.

Ms. Dolan and Mrs. Belinski moved to reschedule the Public Hearing on the Liquor License Transfer Request for Corked Wine Bar, Inc. from the October 2, 2012 City Council Meeting to Tuesday, October 16, 2012 at 7:00 PM in Town Hall. Voting AYE: Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, and Mr. Evans, 7. The motion passed.

B. Amendment to Proposed Zoning Ordinance – Article 1304

President Evans affirmed that Members of Council received a memorandum from Chairman DiGiacinto and attachment with an additional Amendment to Article 1304, Reuse of Corner Commercial Uses in RT and RG Residential Districts, following the Community Development Committee meeting of September 5. The amendment states that tattoo parlors and pawn shops will not be permitted.

Mrs. Belinski and Ms. Dolan moved the following Amendment:

That new paragraph (11) be added to (a) to read as follows:

1304.04. Reuse of Corner Commercial Uses Allowed in the RT and RG Districts.

The following uses shall be allowed in addition to uses allowed under Section 1304.01:

(a) As a special exception, uses that are small in scale, such as but not limited to a n professional office, barber/beauty shop, retail store, nail salon, coffee shop, retail bakery, art gallery, tailoring/clothing alteration use or shoe repair use real estate office, photography studio, green grocer, cafe, or antique store may be approved by the Zoning Hearing Board (“the Board”) provided all of the following requirements are met:

(11) Tattoo parlors and pawn shops shall not be permitted.

That current paragraph (11) be renumbered (12).

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

President Evans referred the revision to the Planning Commission.

C. Amendment to Proposed Zoning Ordinance – Article 1321 – Landmarks and Historic Resources

President Evans affirmed that Members of Council received a memorandum from Committee Member Dolan and attachment with an additional Amendment to Article 1321, Landmarks and Historic Resources, following the Community Development Committee meeting of September 5. The amendment references the structures in Tier 4 located on the former Bethlehem Steel property.

Mr. Donchez and Mr. DiGiacinto moved the following Amendment:

That Section 1321.03, Paragraph (A) that reads as follows:

1321.03 Landmarks and Historic Resources

(A) At its July 19, 2011 meeting the City Council adopted the “Preservation Plan for the City of Bethlehem (Preservation Plan). The Preservation Plan identifies in its Appendix B a Tier One List of Historic Resources. All properties listed in Tier One Appendix B of the Preservation Plan are considered Landmarks as defined in this ordinance and must comply with all aspects of the provisions in this Section 1321, Landmarks and Historic Resources. All such properties are also listed here in Table _______.

shall be amended to read as follows:

(A) At its July 19, 2011 meeting the City Council adopted the “Preservation Plan for the City of Bethlehem (Preservation Plan). The Preservation Plan identifies in its Appendix B a Tier One List of Historic Resources. All properties listed in Tier One Appendix B of the Preservation Plan are considered Landmarks as defined in this Ordinance and must comply with all aspects of the provisions in this Section 1321, Landmarks and Historic Resources. All such properties are also listed here in Table _______. The structures in Tier Four are located on the former Bethlehem Steel Company property. The historic properties on the former Bethlehem Steel site were assessed previously for structures to be saved, adaptively restored, and/or demolished. A copy of this plan that was agreed to by the City of Bethlehem shall be attached to this Ordinance. This Ordinance or the designation of these properties do not preclude the owners of these properties from applying for acceptance of these structures, individually or as a whole, to the National Historic Registry, or for other historic honors or designations.

Ms. Dolan, recalling that the BethWorks site preservation plan was approved previously in 2005, pointed out that the plan clearly shows what is to be preserved and what is to be demolished. She noted that would take the job out of the hands of whichever committee is eventually assigned to do that work. However, Ms. Dolan highlighted the fact that does not mean the current or future owners could not apply for individual designation for a National Historic Registry or some other type of recognition. Ms. Dolan, continuing on to state this has been put into writing as a statement they will follow, recounted that several years ago ArtsQuest came before the community and obtained support for its project at the BethWorks site that involved demolition of a building that had been expected to be preserved. Ms. Dolan communicated that the proposal reflects what was agreed to by the City in 2005, provides protection for those individual structures, and encourages owners to go even further and apply for the highest designation possible for structures on this historic former Bethlehem Steel Corporation property.

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

President Evans stated that the revision will be referred at a future date to the Planning Commission, in view of additional comments regarding the proposed Ordinance received from the Historic Officer that will be addressed next under 10 D.

D. Possible Amendments to Proposed Zoning Ordinance – Article 1321 – Landmarks and Historic Resources – Historic Officer

President Evans affirmed that comments and possible revisions to Article 1321, Landmarks and Historic Resources, submitted by Christine Ussler, Historic Officer, were forwarded to Council by Chairman DiGiacinto. President Evans asked the Clerk to read the revisions, as follows (Note – The 1716 article numbers will be changed to 1321 in the final draft):

1716.05 (a) (1) – Comment - Regulated activities are not clearly outlined in the Ordinance.

1716.05 (b) (1) – delete appropriateness; insert integrity

1716.07 (a) - Comment – Questions about use of the issuance of a demolition permit as a trigger for what would need to be reviewed, whether there should be a list of character defining features to be reviewed, what if character defining features are covered.

1716.07 (c) (1) (III) – insert documented

1716.07 (d) – Question – Should review by conducted and approved by both the Planning Commission and Zoning Hearing Board

1716.08 (d) – Question – should demolition requests be submitted at least 2-3 weeks before a Historic Commission meeting

1716.10 – Comment – not allowing issuance of a building permit for new construction for 2 years in some cases may not be a great deterrent

1716.99 – Comment – listed monetary penalties may not be much of a deterrent

Chairman DiGiacinto, confirming that the proposed Ordinance was reviewed at the Community Development Committee meeting on September 5, 2012, noted the Committee did not have all the potential comments needed to finalize the Ordinance. Mr. DiGiacinto explained that Ms. Dolan’s preceding revision that was approved resulted from her request to have him and Joseph Kelly, Director of Community and Economic Development, meet with representatives from the Sands and Mr. Perrucci that occurred last week. Mr. DiGiacinto continued on to note that, at his request, Christine Ussler, Historic Officer, offered her comments on the proposed Ordinance that were received yesterday. Mr. DiGiacinto advised that, in deference to the Administration and Members of Council, the comments from Ms. Ussler on the proposed Ordinance can be considered at the Community Development Committee meeting next Monday, October 8, to provide sufficient time for review rather than voting on changes this evening.

Ms. Dolan and Mr. DiGiacinto moved that the proposed Ordinance be forwarded to the Planning Bureau for review of Ms. Ussler’s comments and presentation of the proposal for consideration by Community Development Committee for the meeting scheduled on October 8.

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

E. Committee Meeting Announcements

Chairman DiGiacinto announced a Community Development Committee meeting on Monday, October 8 at 4:30 PM in Town Hall on the proposed 2013 CDBG and HOME Programs, and the revisions to Article 1321, Landmarks and Historic Resources, submitted by Christine Ussler, Historic Officer.

Chairman Reynolds announced a Finance Committee meeting on Tuesday, October 16 at 6:15 PM prior to the City Council Meeting

Act 13 - Marcellus Shale Fracking Operations - Watershed

Mr. Reynolds informed the Members that a letter will be circulated for their signature if
desired related to Act 13 regarding which the Members of Council signed a letter in the past. Mr. Reynolds advised he worked on the letter that addresses Act 13 pertaining to the Marcellus Shale and municipal zoning laws in conjunction with David Brong, Director of Water and Sewer Resources. Mr. Reynolds noted about a month and a half ago the Commonwealth Court ruled that Pennsylvania cannot regulate municipalities to allow drilling in areas where it would conflict with zoning rules, but the Governor will appeal the decision. Mr. Reynolds continued on to say that he and Mr. Brong had some concerns about the possibility that drilling for natural gas would occur at the areas surrounding the City’s watershed. They wanted to send information to the municipalities in the vicinity of the watershed to let them know the City is on the record to state that while there does not appear to be Marcellus Shale formations in or near the City’s watershed, it is unknown what may be found in the future. Highlighting the fact that the Bethlehem Authority owns over 8,500 acres of watershed property containing approximately 9.9 billion gallons of high quality drinking water, Mr. Reynolds stressed that the City needs to do everything it can to protect the drinking water supply. Mr. Reynolds added that he has also spoken to members of the Bethlehem Authority about the matter as well who support the concept.

11. PUBLIC COMMENT

Center Street and Bridle Path Road – Traffic and Related Issues

Jim Stetler, 235 Buckingham Drive, explained that with the increased traffic on Center Street and the number of houses in Hanover Township he wonders if there has been any type of study done. Mr. Stetler stressed it is sometimes impossible to pull out onto Center Street, especially during rush hour. Pointing out that traffic studies are done every time a building goes up of a certain size he is curious whether one was conducted in this area. President Evans asked if the location is on Center Street. Mr. Stetler replied it is Center Street and Bridle Path Road. Mr. Stetler noted that Bridle Path Road is only seven feet wide, and is like an alleyway. The owner of the first home at the location has some arborvitae and shrubs that hang over into Bridle Path Road. As a result, the road there is only six feet wide and there are two by two angle irons that can blow out tires. Mr. Stetler thought this should be looked into. He also mentioned that there are numerous dead trees along Bridle Path Road that should be taken care of. President Evans asked if Mr. Stetler could discuss this information upon the adjournment of this meeting so it can be collected and forwarded to the Administration.

Wyandotte Street – Reinstatement of Parking

Mark Southard, 826 N. Clewell Street, Fountain Hill, stated he is the owner of Kalat Art Gallery at 425 Wyandotte Street. Noting he has just returned from Afghanistan after working there for a year and a half as a social scientist, he said it is great to see government working here. Mr. Southard advised he had heard there was action by Council to approve reinstatement of parking on the east side of Wyandotte Street. Mr. Southard, turning to LERTA Program, informed the Members that 425 Wyandotte is in the LERTA area. Advising he was turned down for participation in the Facade Program, Mr. Southard pointed out that his building’s facade is the only façade other than the Popichak property at 415 Wyandotte that restored its façade. As a business owner and property owner, Mr. Southard was concerned with what the forward progress is with the restoration of parking to the eastern side of the 400 block of Wyandotte Street.

Michael Alkhal, Director of Public Works, responded the project is ready to go but the City is waiting on PennDot to execute the Inter-municipal Agreement that is the only outstanding item remaining. The City hopes to get this done before the weather turns.

Mr. Southard queried if parking is expected to be restored before December. Mr. Alkhal remarked that this is what the City hopes if they get the agreement back from PennDot. Mr. Southard asked if there is anything as a property owner he can do in order to encourage the State to act on this. Mr. Alkhal pointed out that Mr. Southard could call PennDot offices in Allentown. Mr. Alkhal advised that he has been calling them repeatedly but is still waiting.

Nuisance Landlords – Zoning Regulations

Santiago Rivera, 807 E. 4th Street, shared his opinions on nuisance landlords and making changes to the methods of enforcement for zoning rules and regulations. Informing the assembly that he owns several rental properties in Bethlehem, Mr. Rivera said when he is notified of violations of zoning regulations or conditions that his tenants allow to occur he steps into action to correct it. This is because he does not want to incur the cost of potential fines for noncompliance. Mr. Rivera noted that absentee landlords have the same concerns as do slumlords to the potential high cost of doing business in a municipality that maintains high standards, maintenance, and upkeep. Mr. Rivera stressed that the more enforcement a municipality requires the less likely a slumlord will want to set up shop in such a town. Mr. Rivera pointed out he has a rental unit that he has had difficulty renting in the past because of the rental unit next door. The situation was that regularly there were young men hanging out on the front porch drinking beer, smoking cigarettes and being loud. They also had a lot of traffic coming in and out of the building and a pit bull. During the weekends, there was loud music late into the night making any decent tenant wary of renting any of his units. Mr. Rivera explained that on several occasions he had potential tenants stop by and refuse to enter his rental home because of what they observed next door. The owner of this rental property indicated that as long as he got his rent on time there was nothing he could do about how his tenants behaved. Mr. Rivera noted that he later found out that the same landlord was also a nuisance landlord in the Allentown area. Mr. Rivera informed the assembly that the situation was only remedied when the Bethlehem Zoning Department condemned the building due to some type of tampering with the gas meters. This forced all of the tenants out including the tenants that caused the most grief. Mr. Rivera reported that his unit has now been occupied by the same dual income family for almost two years. What he has learned from this experience is that no matter how much effort he put into offering decent housing options to his tenants, if there is just one slumlord on a block it negatively impacts all of the neighbors on that block both owner occupied and tenant occupied. Mr. Rivera suggested a way to correct this would be to have the Zoning Bureau, Health Bureau, and Fire Department conduct inspections for any property that requires Police involvement. Mr. Rivera noted that slumlords do not make repairs to their units while collecting market rate rents, and if they realize there will be negative attention brought to them every time an undesirable tenant is allowed to occupy their unit they will be more vigilant as to what is happening with their investment properties.

801 Bridge Street

Joe Garcia, 803 Bridge Street, expressed his concern about the property next to him at 801 Bridge Street. He advised that a few weeks ago he saw the man who owns the home bring in some drywall and was apparently doing some work in his home. Mr. Garcia then saw a few people in and out and it seems that there are a few people living in this home upstairs. One day while he was in his backyard he could hear these people arguing upstairs with doors slamming and then later a man was arrested for assault. Mr. Garcia is concerned that this home might have different people living in it using it like a shelter. Mr. Garcia, noting he has two young daughters, reiterated he is concerned. President Evans informed him that the City will look into this.

Steelworkers Archives – Display in Town Hall

Dennis Pearson, Allentown, advised he is the current archivist for the Steelworkers Archives. He thanked the Administration, Mayor Callahan, City Council, and the Fine Arts Commission for allowing them to display their memorabilia in the lobby of Town Hall, and for allowing them to set up the artwork now on display on the walls. He informed the assembly the display will extend until October 30 and there will be a reception on Sunday, October 7 from 2:00 to 4:00 PM and all are invited.
Definition of Family; Quality of Life in Neighborhoods

Stephen Antalics, 737 Ridge Street, noting he had a conversation with Chairman DiGiacinto prior to the last Community Development Committee Meeting regarding the definition of Family, stated he would appreciate if it could be put on the agenda for the October 8 meeting. Mr. Antalics stressed it is critical to be put on the agenda because of the current definition of one or more individuals who are related by blood or adoption or 5 unrelated individuals. Mr. Antalics stated that he was contacted by a landlord who strongly supports this redefinition because he is trying to maintain a decent building, and thought there may be drug dealings in some nearby rental properties. Mr. Antalics thought that Bethlehem has the worst definition of families, in view of other municipalities that have students and institutions of higher learning and that clearly define student dwellings, non-related and non-student properties that would curtail undesirable situations. Mr. Antalics noted that recently there was a program on NPR about the increase in organized gangs in the country, and Pennsylvania was cited as an area of gang activity. Further referring to a newspaper article about a senior member of the Bloods being held on some offense who lives in Allentown, Mr. Antalics pointed out the article noted that these gangs are recruiting 10, 11, 12 and 13 year old children. Mr. Antalics added on the South Side one can sometimes see groups of pre-teens and teens on the porches and they prey on the college students. Mr. Antalics thinks that the City’s definition of family must be addressed if it wishes to maintain quality of life. Mr. Antalics asserted that something must be done to redefine this very broad definition of family, and he strongly urged Chairman DiGiacinto to put it on the next agenda for the Community Development Committee.

Bill Scheirer, 1890 Eaton Avenue, seconded everything that has been stated. Mr. Scheirer thought that Mr. Rivera came up with an excellent idea that police activity of a certain sort would indicate a syndrome of an existence in a certain house, and it would be well advised for the Health Bureau and the Housing Bureau to pay a visit to that home. Commenting this might require additional staff, just as the tax bureau could apparently use, Mr. Scheirer said if it means a small increase in taxes, so be it, as this has his support.

801 Bridge Street

Charles Seyfried, 762-764 Bridge Street, stated that he would like to address the home that Mr. Garcia has talked about. Mr. Seyfried related that on September 26 the home has taken people in and he knows for a fact that this home has never been on the tax rolls as a two family dwelling. On September 26, the Bethlehem Police had to respond because the gentleman in that home had a woman on the porch and was choking her. Mr. Seyfried checked with the Code Enforcement Officer and it was determined that the person did get a business license for maintenance service but there is nothing showing that he is allowed to take people in his home. Mr. Seyfried stressed this needs to be checked into further by the City for the safety of the people in the neighborhood.

Mr. Recchiuti pointed out that District Judge Romig-Passaro contacted him today regarding this matter. Mr. Recchiuti sent an e-mail to Jason Schiffer, Police Chief, and Joseph Kelly, Director of Community and Economic Development, regarding this issue who both commented that they will follow up on it.

Mr. Seyfried added that Bethlehem Police did a great job in responding to the situation and were there in a matter of seconds.

Kim Starner, 808 Bridge Street, stated that she lives in the area that Mr. Seyfried is talking about. She related that she saw a group of kids roaming around one day, and a few weeks ago a flower pot in her front yard was destroyed, her car window was smashed, things were taken out of her car. Ms. Starner said she lived in her home for over a year and never had a problem before. She sees these young kids coming in and out of that house all of the time. Ms. Starner also expressed her concern since she has a one year old granddaughter.

The meeting was adjourned at 8:30 p.m.