Bethlehem Council MInutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, March 5, 2013 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

Pastor Dale Miller, of First 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.

Citations – Honoring Terry Meixell, William Pum, and Louis Xenophon

President Evans stated that the Citations for Terry Meixell, William Pum, and Louis Xenophon on the occasion of their retirement will be mailed to them since they were unable to attend this evening.

2. APPROVAL OF MINUTES

The Minutes of February 19, 2013 were approved.

3. PUBLIC COMMENT

None.

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 – American Association of
University Women, Bethlehem Branch – 2013 Book Fair – Memorial Pool Building

The Clerk read a memorandum dated February 21, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and Use Permit Agreement between the American Association of University Women, Bethlehem Branch, and the City of Bethlehem for use of the Memorial Pool Building for the 2013 Book Fair for the time period March 19, 2013 to April 29, 2013, according to the Agreement.

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

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

The Clerk read a memorandum dated February 28, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed 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 listed on the March 19 Agenda.

C. City Solicitor – Records Destruction Resolution – Department of Community and Economic
Development – Health Bureau

The Clerk read a memorandum dated February 28, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution for the destruction of records from the Health 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 listed on the March 19 Agenda.

D. Council Solicitor – Pennsylvania Venture Capital Inc. v. Zoning Hearing Board – 2349 Linden
Street

The Clerk read a letter dated February 20, 2013 from Christopher T. Spadoni, Esq., Council Solicitor, to which was attached Attorney Mark Malkames’ letter of February 19, 2013 regarding Zoning Appeal Notice of Appellant Pennsylvania Venture Capital, Inc. Appealing the Decision of the Zoning Hearing Board of the City of Bethlehem dated January 24, 2013, and requesting City Council direction as to the Appeal.

President Evans stated that a Resolution can be placed on the March 19 Council Agenda for consideration if the Members desire.

6. REPORTS

A. President of Council

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

President Evans reappointed Chelsea Hahalis to the Bethlehem Human Relations Commission, effective until March 2016. Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-38 to confirm the appointment.

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

B. Mayor

Notice of Intervention – Appeal of Pennsylvania Venture Capital, Inc. - Residential Rehabilitation Center - 2349 Linden Street

Mayor Callahan advised that today the City Solicitor’s Office filed a Notice of Intervention to help defend the decision made by the Zoning Hearing Board which denied Abe Atiyeh’s application for a Residential Rehabilitation Center at the site of the former Moose and Bug at 2349 Linden Street. Mayor Callahan communicated the City believes the Zoning Hearing Board made the correct decision based on the fact that the property is located too close to Spring Garden Elementary School and to a residential neighborhood to locate a facility of this nature. Mayor Callahan stated he appreciates the ability to work with City Council on this issue, and wanted to report back to Council that the City Solicitor’s Office filed a Notice of Intervention today.

7. ORDINANCES FOR FINAL READING

A. Bill No. 3 – 2013 – Adopting Salary – Mayor

The Clerk read Bill No. 3 – 2013 – Adopting Salary – Mayor, on Final Reading.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 3 – 2013, now known as Ordinance No. 2013 - 2 was declared adopted.

B. Bill No. 4 – 2013 – Adopting Salary – Controller

The Clerk read Bill No. 4 – 2013 – Adopting Salary – Controller, on Final Reading.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 4 – 2013, now known as Ordinance No. 2013 – 3, was declared adopted.

C. Bill No. 5 – 2013 – Adopting Salary – Treasurer

The Clerk read Bill No. 5 – 2013 – Adopting Salary – Treasurer, on Final Reading.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 5 – 2013, now known as Ordinance No. 2013 – 4, was declared adopted.

D. Bill No. 6 – 2013 – Authorizing 2013 GO Bond – Non-Utility Capital Projects; 2001 Landfill Bond - Refinancing

The Clerk read Bill No. 6 – 2013 - Authorizing 2013 GO Bond – Non-Utility Capital Projects ($5,425,000); 2001 Landfill Bond – Refinancing ($8,265,000), on Final Reading.

President Evans affirmed that the Bond Issue was reviewed at the Finance Committee meeting of February 19, 2013 and First Reading occurred at the February 19, 2013 City Council Meeting. President Evans advised that Daryl Peck, of Concord Public Finance, and Attorney William Rhodes, of Ballard Spahr, are at the Meeting this evening if there are any questions from the Members of Council. President Evans asked Mr. Peck to review the Bond sale that was completed today.

Daryl Peck, of Concord Public Finance, Financial Advisors to the City, stated the plan of financing presented at the Finance Committee meeting of February 19, 2013 and First Reading on February 19, 2013 is essentially the same, that is the financing of the usual every other year Non-Utility Capital borrowing, as well as refinancing the 2001 Landfill Bonds. Over the past two weeks, the firm has been very busy working with bond insurers, the rating agencies, and the underwriters to bring this bond issue to market. Mr. Peck confirmed that the Bond Issue was very well received in the market today which means the City obtained very favorable interest rates and a very favorable cost from bond insurers. Mr. Peck related this is great news and commendable for the City that it continues to improve financially and the issue was received very well.

Mr. Peck, pointing out that the Preliminary Official Statement dated February 22, 2013 was distributed this evening to the Members of Council, stated there is some very good economic, demographic, and financial information in the Statement regarding the City that was used by the underwriters to market the bonds. Advising that the final Official Statement will be printed in about a week, Mr. Peck noted that any suggested changes can be forwarded.

Mr. Peck reviewed the Results of Bond Sale dated March 5, 2013 for the General Obligation Bonds, Series A and B of 2013, for Financing of Non-Utility Capital Projects and Refinancing of Guaranteed Federally Taxable Lease Revenue Bonds – Series of 2001 – Landfill Bonds. Mr. Peck pointed out that on page 1 in the first column, Series A is to finance the Non-Utility Capital Projects of $5,150,000 together with the related costs, as well as Capitalized Interest through 2013 since there is no provision for interest payments on this borrowing in the 2013 budget. The amount of bonds to be issued is $5,425,000 and that money upon settlement will be set aside and segregated to be used for the projects. The second column, Series B, is the Refinancing of the 2001 Landfill Bonds. The payoff of the Bonds at settlement on April 9 is $8,094,126.22, and with related costs the bonds to be issued for the refinancing component is $8,265,000. The Landfill Bonds to be refinanced need to be segregated for breakout purposes since the Non-Utility Bond Issue is tax exempt because it is for general municipal purpose. Mr. Peck continued on to say the original Landfill Bonds being refinanced were taxable and will be taxable as part of the refinancing. Mr. Peck explained that is the reason for the separate series, although both issues are being done at the same time. Mr. Peck advised that the all-in cost on the Non-Utility borrowing is about 3.25% and the all-in cost on the Landfill refinancing that is taxable is 4.07%. Mr. Peck remarked these are very good rates in this environment.

Mr. Peck, turning to page 2, noted that columns 1 through 11 are the Debt Service for the Non-Utility Capital borrowing over a 20 year period. The presentation to the right shows that, as was laid out in 2011, the City wanted to have its debt structure declining over years so that as additional borrowings are done every other year there are step downs so that as more debt is added, from an annual standpoint, the debt service is not actually increasing budgetarily. Mr. Peck affirmed it shows the continued plan to have Step Downs every other year to provide capacity for future borrowings and not have the budgetary impacts.

Mr. Peck continued with page 3 showing the summary of the Refinancing of the Series of 2001 Landfill Bonds. Commenting this is the executive summary, Mr. Peck stated the Principal Amount of the refinancing is $7,910,000 of the Landfill bonds with rates ranging from 6.3% to 6.6%. Those bonds will be replaced with bonds that have interest rates ranging from 1.5% to about 4.65%, and blended together the average rate is 4.07%. Mr. Peck added that the savings realized by the City will occur in 2013 and 2014. In 2013, the City will realize savings of about $740,000 and in 2014 there will be savings of about $560,000. Mr. Peck explained thereafter the City will pay essentially what it otherwise would have paid with no extension of existing debt that will be over in 2026 with no extension and no restructuring. Pointing out that the present value savings on the Landfill Bonds Refinancing is a little over $1,200,000, Mr. Peck remarked it is a tremendous number for the City that represents over 15% of the refunded principle. Mr. Peck denoted that a refinancing usually moves forward if the percent of refunded principle is at least 3% so this far beats that threshold. Mr. Peck informed the Members that the details of the refinancing on page 4 shows the existing debt with the rates ranging from 6.3% to 6.6%. Page 5 is the Landfill Bonds refinancing debt service, in column 30 are the rates ranging from 1.68% to 4.64%, and column 36 to the right shows the savings that was on the summary table on page 3 totaling $1,310,869.

Mr. DiGiacinto asked, with the successful refinancing of the Landfill Bonds, how the excess funds the City was able to get based on the interest rates were split between 2013 and 2014, and noted the excess funds were above the budgeted numbers. Dennis Reichard, Business Administrator, replied the Annual Debt Service Savings is $740,000 for 2013 and $560,000 for 2014.
Mr. DiGiacinto asked if there was any mathematical basis for the amounts split between 2013 and 2014. Mr. Reichard added that $740,000 was the most the City could take this year.

Mayor Callahan announced there is another bit of very good news beyond the $1,300,000 of savings that, he added, was far above what was discussed for the 2013 Budget or even the 2014 Budget. Mayor Callahan affirmed that in financing a debt, there is a rating agency, S&P (Standard and Poors), that rates the City’s GO debt. Highlighting the fact that this is a very difficult municipal debt environment, Mayor Callahan pointed out one needs to only look to Harrisburg and Scranton to see some of the communities not far from Bethlehem that are struggling financially. He continued on to say there are a number of communities in Pennsylvania that are in Act 47, or in the early intervention program that the State provides, the Pre-Act 47 Distressed Community. Affirming that Bethlehem is not in either one of those programs, Mayor Callahan said Bethlehem is one of the very few Third Class Cities in Pennsylvania that is not in that program. He noted that beyond the discussion about the national housing bubble several years ago that led to the recession, the next matter related to debt would be municipal debt. He added there is much concern among the financial community about these issues. Mayor Callahan advised that the City obtained a refreshed rating and was reaffirmed in a difficult market with a BBB rating. More importantly, the Mayor stated that, given the economic climate, the City’s Outlook was upgraded or changed from Stable to Positive. Mayor Callahan, quoting from the S&P report, emphasized that the Outlook revision reflects S&P’s assessment of the City’s continued financial improvement and management’s ongoing efforts to maintain at least balanced operations, as well as to maintain or increase General Fund balance. Under the Outlook portion, Mayor Callahan noted the report goes on to say that the positive outlook reflects Standard and Poor’s expectation that management’s efforts to stabilize Bethlehem’s finances with long term solutions will lead to at least balanced financial operations. All else being equal, S&P believes that Bethlehem’s ability to lengthen its record of balanced or better than balanced operations will likely result in an upgrade during the Outlook’s two year period. Mayor Callahan reiterated that S&P changed the City’s Outlook from Stable to Positive and they anticipate that if Bethlehem stays on the path it is on this will actually lead to an improvement of the City’s overall rating. Mayor Callahan exclaimed that in the climate right now that is pretty spectacular. Mayor Callahan recognized and thanked Council for their efforts. He added that putting Budgets together and approving Budgets is a two way street, and requires a great deal of cooperation. Acknowledging it is recognized that 2013 is a difficult budget, Mayor Callahan said the fact of the matter is that the City has now ended two years in the black with a positive cash balance, without any inter-fund borrowing, and with over $1 million at the end of 2012. Mayor Callahan commented that the S&P report more than anything is a third party validation of those efforts. Mayor Callahan, expressing appreciation for Council’s work in this regard, stated that the five year financial plan was important for the City in taking a realistic approach to what the future holds. Mayor Callahan noted that the City stepping up to provide long term solutions to those problems was recognized by S&P. He added it is also one of the reasons why this particular bond issue was received as favorably as it was by the Underwriters and bond community.

Ms. Dolan asked if the Bond Issue debt service will start to be paid in 2013, and whether the City budgeted for something similar to what will be required to start paying the debt service in 2013. Mr. Peck explained that for the new $5,150,000 borrowing for the Non-Utility Capital Projects the City does not pay out of pocket any debt service in 2013 because the Interest of $73,226 is Capitalized as shown on page 1, Series A – Non-Utility. Mr. Peck confirmed that the City will start paying on the Non-Utility Capital debt in April 2014 with an Interest payment, and a Principal and an Interest payment in October 2014, as shown on page 2, column 8. In further response to Ms. Dolan, Mr. Peck affirmed that, because of the Step Down, as noted on page 2, column 15, there is no budgetary impact in 2014. Mr. Peck added that, with the Step Down structure, as the City adds more debt of these like amounts there will not be a budgetary impact. Ms. Dolan questioned whether this fits in with the pattern over the past years under Mayor Callahan where the City’s total debt service has gone down. Mr. Peck responded yes. Ms. Dolan, highlighting the fact that the City has never defaulted on any debt, and has been in the black for the past two years, asked if Mr. Peck sees any possibility of the City’s debt rating increasing. Mr. Peck, replying that he does, expressed he says that in light of the quotes from the S&P report which the Mayor referenced. Mr. Peck communicated the report from Standard and Poors reflects that should things continue as they are now the anticipation is that the City’s rating would increase.

Mayor Callahan stated that the City has $90 million less debt today than in 2004. Mayor Callahan added that, despite all the investments the City has made in the community for the future, it has not mortgaged the future by increasing the debt long term.

Ms. Dolan, commenting that City officials have worked intelligently to time the City’s debt and make aggressive debt payments, said that is to the City’s favor in the long term.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 6 – 2013, now known as Ordinance No. 2013 – 5, was declared adopted.

8. NEW ORDINANCES

A. Bill No. 7 – 2013 – Amending Community Development Budget – CDBG and HOME Programs – 2012
Year End Adjustments

The Clerk read Bill No. 7 – 2013 - Amending Community Development Budget – CDBG and HOME Programs – 2012 Year End Adjustments, sponsored by Mr. Recchiuti and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE COMMUNITY DEVELOPMENT BUDGET FOR
2013.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 7 – 2013 was passed on First Reading.

B. Bill No. 8 – 2013 – Amending General Fund Budget – Health Bureau

The Clerk read Bill No. 8 – 2013 – Amending General Fund Budget – Health Bureau, sponsored by Mr. Recchiuti and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2013.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 8 – 2013 was passed on First Reading.

C. Bill No. 9 – 2013 – Amending Sewer Capital Budget – 2012 Year End Adjustments

The Clerk read Bill No. 9 – 2013 – Amending Sewer Capital Budget – 2012 Year End Adjustments, sponsored by Mr. Recchiuti and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2013 CAPITAL BUDGET FOR SEWER UTILITIES.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 9 – 2013 was passed on First Reading.

D. Bill No. 10 – 2013 – Amending Liquid Fuels Fund Budget – 2012 Year End Adjustments

The Clerk read Bill No. 10 – 2013 – Amending Liquid Fuels Fund Budget – 2012 Year End Adjustments, sponsored by Mr. Recchiuti and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE LIQUID FUELS FUND BUDGET FOR 2013.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 10 – 2013 was passed on First Reading.

E. Bill No. 11 – 2013 – Amending Non-Utility Capital Budget – 2012 Year End Adjustments

The Clerk read Bill No. 11 – 2013 – Amending Non-Utility Capital Budget – 2012 Year End Adjustments, sponsored by Mr. Recchiuti and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2013 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. 11 – 2013 was passed on First Reading.

F. Bill No. 2 – 2013 – Adopting Salaries – Members of Council and President of Council

The Clerk read Bill No. 2 – 2013 – Adopting Salaries – Members of Council and President of Council, sponsored by Mr. DiGiacinto and Mr. Recchiuti, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA,
ESTABLISHING THE SALARIES OF THE MEMBERS
OF COUNCIL AND THE PRESIDENT OF COUNCIL.

Ms. Dolan stated that, in general, the President of Council puts in perhaps twice as many hours as the Members of Council. Ms. Dolan expressed the hope that in two years City Council will reconsider that ratio. Affirming that information was forwarded today to the Members of Council, Ms. Dolan pointed out there will be some coordination of benefits and spousal coordination of benefits for incoming Members of Council in 2014. Ms. Dolan observed that should bring the total cost of Council to the taxpayers down.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 2 – 2013 was passed on First Reading.

9. RESOLUTIONS.

A. Approving 2013 Sand Island Tennis Fees

Mr. Recchiuti and Mrs. Belinski sponsored Resolution No. 2013 – 39 that established the Sand Island Tennis fees for 2013.

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

B. Transfer of Funds – Water Capital Fund – East Allen Township Acquisition

Mr. Donchez and Mr. DiGiacinto sponsored Resolution No. 2013 – 40 that transferred $69,000 in the Capital Budget for Water Utilities to new East Allen Township Acquisition Account from the following accounts: $66,000 – Rt. 512 Extension for East Allen Township – Design; and $3,000 – WTP Roof Repl/Rehab Engineering, to cover the costs associated with acquiring the necessary debt of the East Allen Township Water System.

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

C. Authorizing Use Permit Agreement for Public Property – American Association of University
Women – Bethlehem Branch – 2013 Book Fair – Memorial Pool Building

Mr. Donchez and Mr. Recchiuti sponsored Resolution No. 2013 – 41 that authorized the execution of a Use Permit Agreement between the American Association of University Women, Bethlehem Branch and the City for use of the Memorial Pool Building for the 2013 Book Fair for the time period March 19, 2013 to April 29, 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.

D. Certificate of Appropriateness – 530 East Fourth Street

Mr. Recchiuti and Mrs. Belinski sponsored Resolution No. 2013 – 42 that granted a Certificate of Appropriateness to change the existing sign on the front of the building and add window signage at 530 East Fourth Street.

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

E. Certificate of Appropriateness – 226 East Third Street

Mr. Recchiuti and Mrs. Belinski sponsored Resolution No. 2013 – 43 that granted a Certificate of Appropriateness to renovate the facades at 226 East Third Street.

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

10. NEW BUSINESS.

Intervention – Appeal of Zoning Hearing Board Decision – 2349 Linden Street - Northampton County Court of Common Pleas

Mr. DiGiacinto, turning to Communication 5 D read earlier, commented it had been noted that a Resolution may possibly be placed on Council’s Agenda for the next City Council Meeting. In light of Mayor Callahan’s official announcement tonight that the City Solicitor’s Office filed a Notice of Intervention in the Appeal by Pennsylvania Venture Capital, Inc. to Northampton County Court of the Zoning Hearing Board’s decision regarding a proposed drug rehabilitation center at 2340 Linden Street, Mr. DiGiacinto pointed out that Christopher Spadoni, City Council Solicitor, has been involved in the matter from the beginning of the appeals process. Mr. DiGiacinto expressed his thought that the Resolution should be considered at the next City Council Meeting in order to keep Attorney Spadoni involved in the matter that is now before the Northampton County Court and working in conjunction with the City Solicitor’s Office.

President Evans turned to the Members of Council for a consensus on placing the Resolution on the next City Council Meeting Agenda of March 19 for consideration. The Members of Council indicated their consensus. President Evans affirmed that the Resolution will be on the March 19 City Council Agenda for consideration.

11. PUBLIC COMMENT

Appeal of Zoning Hearing Board Decision – 2349 Linden Street - Northampton County Court of Common Pleas

Steve Barron, 2239 Lincoln Street, addressed the proposed drug rehabilitation center at 2349 Linden Street. Mr. Barron highlighted the fact that the property is located about five blocks from his home, and less than 500 feet from his daughter’s school, Spring Garden Elementary School. Mr. Barron advised that Spring Garden is currently the largest Elementary School in the Bethlehem Area School District and the sixth largest school in the entire District. Mr. Barron stated that, at the Zoning Hearing Board meeting, he spoke about the dangers that additional traffic in the area would cause, especially at the beginning and end of the school day. Mr. Barron said the objective reasons for the denial are clear in this case, and the subjective implications of danger to the neighborhood, citizens, and students in that neighborhood make it clear that the Zoning Hearing Board members were correct in denying the variance that would allow the drug rehab center to be built. Mr. Barron continued on to point out that still there was an appeal filed February 19, 2013 by Pennsylvania Venture Capital, Inc. in Northampton County Court to the Zoning Hearing Board’s decision. While he felt the appeal will not be overturned, Mr. Barron stressed that one must leave nothing to chance. He commended City Council and the professionalism of Christopher Spadoni, City Council Solicitor, throughout all of the various hearings. Mr. Barron thanked Mayor Callahan for the intervention by the City Solicitor’s office. Mr. Barron stated that he has spoken to Bethlehem School District Superintendent Dr. Joseph Roy and members of the Bethlehem Area School Board in the hope that they will intervene on behalf of the neighborhood and the students of the school. Mr. Barron related that the neighborhood and some parents of the school children are currently in the process of gathering funds, and also intervening in the lawsuit and backing up the Zoning Hearing Board in this matter. Mr. Barron advised they have decided on counsel and raised enough funds to begin the process to intervene. Mr. Barron stated he would like to advocate that City Council pass a Resolution at the next Council Meeting on March 19 to remain engaged. Noting that this case is being decided under the old Zoning laws, Mr. Barron said once this case is won at all levels of the appeal process any land within a specific distance of the schools will be off limits to projects of this type. Mr. Barron stated that sending the message that the City will prevent these facilities near the schools could be accomplished by continued support of the residential neighborhoods. While the peaceable enjoyment of all property is a concern for some, Mr. Barron said the paramount issue for him is the safety of his daughter and the countless number of children he has come to know and love who are part of the diverse and dynamic Spring Garden family. Mr. Barron communicated that he would appreciate Council walking along with them on the path to fight the project as has been done in other neighborhoods. While expressing that he respects whatever decision City Council comes to, Mr. Barron said he believes the best path to protect the students and neighborhood is to continue to allow City Council Solicitor Spadoni to work with the citizens, and pass a Resolution in the near future that allows him to do so.

Tim Mason, 2411 Woodstock Drive, commented that he wanted to reiterate what Mr. Barron stated, and thanked Council for their consideration of voting on the Resolution at the March 19 City Council Meeting.

1304 Spring Street

Mary Pongracz, 321 W. Fourth Street, mentioned that in the Minutes of the last City Council Meeting that she could not read until she got home that evening, it was stated that the property at 1304 Spring Street would be considered on March 19. Ms. Pongracz stressed that City Council put it on the Agenda for February 19. Ms. Pongracz stated nobody at the February 19 City Council Meeting said would you please make a correction in the Minutes that this will be considered at the February 19 Meeting and not the March 19 Council Meeting. Ms. Pongracz questioned does that mean the vote is void.

President Evans stated that the vote is not void but the Minutes will be checked.

Ms. Pongracz, reiterating that she read the Minutes when she got home, commented it was said at the Council meeting on February 5 that this would be considered on March 19. Consequently, Ms. Pongracz expressed that when she came into the Council Meeting on February 19, after coming from another meeting, she was surprised that President Evans allowed it to be on the Agenda when it was publicly stated that it would be March 19. Ms. Pongracz said she is not asking Council to change the vote, although she did not agree with the way Council voted. Ms. Pongracz stated she would like to have a ruling on whether that vote is legal or is it void.

Council Solicitor Spadoni stated that in his unqualified position that the vote was appropriate and was brought before City Council appropriately. Noting it was a proper motion, second, and vote, Attorney Spadoni said he would think all present would come to that same conclusion.

Gun Control; Elias Market - Zoning Appeal

Al Bernotas, 1004 Johnston Drive, advised he wanted to bring up the issue of gun control. Acknowledging it is not a concern within the City, Mr. Bernotas said it is a Federal issue primarily and he knows there are some in Washington trying to control guns with all feel good laws. Mr. Bernotas informed the Members he brings up gun control because his wife woke him up early this morning to say she heard gun shots. A few minutes went by, they did not hear any sirens, and he thought maybe it was just a car backfiring. Mr. Bernotas did not call the Police, he waited, and about a half hour later he heard sirens. Mr. Bernotas then called the Police to note there were loud noises around Johnston Drive, he asked if there were any incidents being reported in that area, and he stated there were gunshots being reported on Johnston Drive. Mr. Bernotas stressed the City needs to make sure that such occurrences do not creep into Bethlehem because hearing gunshots on Johnston Drive on a Tuesday morning is very disconcerting. Mr. Bernotas, turning to the Elias Market zoning issue, thanked City Council again for intervening on the Elias Market issue. Mr. Bernotas notified the Members that this coming Monday the neighbors are going to Commonwealth Court because they appealed the three Zoning Hearing Board decisions to approve the expansion of Elias Market, and the two decisions at Common Pleas Court. Mr. Bernotas explained this is because the testimony at the first hearing which was not factual was allowed to stand. He noted that based on the legal procedures they may still be allowed to stand. Mr. Bernotas said if Elias Market does expand it will be because the truth was snuffed and he thinks the best chance they have is at the Commonwealth Court.

The meeting was adjourned at 7:50 p.m.