Bethlehem Council MInutes

10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, April 16, 2013 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

Archbishop Julius Licata, of Cathedral Parish of St. Jude, 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.

CITATION

President Evans read a Citation in honor of David M. Kravatz on the occasion of his retirement from the Police Department after 27 years of service. The Members of Council applauded Mr. Kravatz and wished him well in his retirement.

2. APPROVAL OF MINUTES

The Minutes of April 2, 2013 were approved.

3. PUBLIC COMMENT

Agreement of Sale between the City and Triple Net Investments - Parcel on West 3rd Street

President Evans informed the assembly that he will accept a motion under Agenda Item 9 to add Resolution 9 O to the Agenda for the sale of a parcel of land on West Third Street that was reviewed at the Parks and Public Property Committee meeting last night and forwarded to City Council for consideration. President Evans stated he will recognize anyone who wishes to speak on the matter under this first Public Comment.

Attorney David Backenstoe, 148 Main Street, Hellertown, affirmed that the Resolution before Council this evening involves a proposed agreement of sale between the City of Bethlehem and Triple Net Leasing for the West 3rd Street parcel. Attorney Backenstoe noted he understands there was a fairly detailed presentation at the Parks and Public Property Committee Meeting last evening on April 15. Attorney Backenstoe advised he is at the City Council meeting tonight with James Petrucci, developer, Joe Brandt, Steve Pany, and the architect and they are prepared to make a presentation and answer any questions whenever it is appropriate.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

5. COMMUNICATIONS

A. Parks and Public Property Director – Northampton County Open Space and Natural Areas
Program – Grant – Monocacy Creek and Johnston Park

The Clerk read a memorandum dated April 9, 2013 from Ralph Carp, Director of Parks and Public Property, to which was attached a proposed Resolution to apply for a grant from the Northampton County Open Space and Natural Areas Program for the Rehabilitation of Monocacy Creek at Illick’s Mill ($119,789) and the Johnston Park Dam Removal and Restoration of Natural Resources ($58,800) projects. The total funding for the two projects is $178,589. The City has secured the required funding match of 50% through State grants. Earlier in the year, Council approved an application for a grant through the Northampton County Open Space Initiative – Park Acquisition and Development Program. Northampton County then advised that grant applications should be resubmitted for these two projects that would be a better fit for this particular funding.

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

B. City Solicitor – Use Permit Agreement – Holy Infancy Block Party

The Clerk read a memorandum dated April 11, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution for a Use Permit Agreement between Holy Infancy Roman Catholic Church and the City for use of Webster Street between Fourth Street and Mechanic Street for the Holy Infancy Block Party for the time period May 31, 2013 to June 1, 2013, according to the Agreement.

President Evans stated the Resolution will be listed on the May 7 Agenda.

C. City Solicitor – Use Permit Agreement – Holy Infancy Portuguese Heritage Days Festival

The Clerk read a memorandum dated April 11, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution for a Use Permit Agreement between Holy Infancy Roman Catholic Church and the City for use of Webster Street between Fourth Street and Mechanic Street for the Holy Infancy Portuguese Heritage Days Festival for the time period June 7, 2013 to June 8, 2013, according to the Agreement.

President Evans stated the Resolution will be listed on the May 7 Agenda.

D. City Solicitor – Use Permit Agreement – Christmas City Wine Festival

The Clerk read a memorandum dated April 11, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution for a Use Permit Agreement between Christmas City Wine Festival and the City for use of Walnut Street between Main Street and Guetter Street (Nevin Place) for the Christmas City Wine Festival for the time period May 17 through 19, 2013, according to the Agreement.

President Evans stated the Resolution will be listed on the May 7 Agenda.

E. City Solicitor – Lease and Agreement of Sale – 727 East Fourth Street – South Bethlehem
Neighborhood Center

The Clerk read a memorandum dated April 11, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution for a Lease for Real Estate and Agreement of Sale for Vacant Land at 727 East Fourth Street. The City wishes to lease this property for a term ending on December 31, 2014 from the South Bethlehem Neighborhood Center for use as a pocket/neighborhood park with the option of purchasing according to the terms of the Lease and related Agreement. A public-private partnership volunteer event involving beautification of several City park areas along the Greenway is currently scheduled to take place in mid-May and the City would like to include this pocket/neighborhood park as part of the event.

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

6. REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Robert A. Melosky – City Planning Commission

Mayor Callahan reappointed Robert A. Melosky to membership on the City Planning Commission effective through March 2018. Mr. Recchiuti and Mrs. Belinski sponsored Resolution No. 2013-58 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 – Charles Shoemaker – Codes Board of Appeals

Mayor Callahan reappointed Charles Shoemaker to membership on the Codes Board of Appeals effective through October 2015. Mr. Recchiuti and Mrs. Belinski sponsored Resolution No. 2013-59 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 – Lee Snyder – Codes Board of Appeals

Mayor Callahan reappointed Lee Snyder to membership on the Codes Board of Appeals effective through October 2015. Mr. Recchiuti and Mrs. Belinski sponsored Resolution No. 2013-60 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. Parks and Public Property Committee

Ms. Dolan, Chairwoman of the Parks and Public Property Committee, gave an oral report of the Committee Meeting held on Monday, April 15, 2016 at 7:00 PM in Town Hall on the following subjects: Agreement of Sale – West Third Street Parcel – Triple Net Investments; and Lease and Agreement of Sale – 727 East Fourth Street – South Bethlehem Neighborhood Center.

D. Controller’s Report

Robert Pfenning, Controller, presented the Controller’s Report for the first quarter of 2013. Mr. Pfenning advised that the Auditors have arrived at City Hall to prepare the 2012 Audit. Mr. Pfenning affirmed that the Members of Council did not receive a March memorandum regarding transfers of $5,000 or more without prior approval since there were none. Mr. Pfenning noted the first item on his report is an old business item that deals with the topic of confirming purchase orders. Mr. Pfenning stated that he sent a copy to City Council last Friday of the quarterly report prepared by Gene Auman, Deputy Controller, for use by the CI purchasing committee showing the status or trend of confirming purchase orders. Mr. Pfenning denoted that a confirming purchase order is a purchase order issued after the fact of the goods or services actually being ordered by someone in the City. Continuing on to say that while February was a good month, Mr. Pfenning pointed out that March as can be seen in the report trended back up into the problem territory. Recounting that the matter has been talked about for almost over a year, Mr. Pfenning remarked this problem is not going away so he has decided to take what limited action he can to edge this towards proper procedure. Mr. Pfenning, advising the standard business practice is that purchase orders are obtained or contracts are signed prior to the engaging of anyone providing goods or services, informed the Members this is not happening as it should. Mr. Pfenning highlighted the fact that there is the State law and Codified Ordinance Article 111.01 that clearly states that requisitions must be filed before things can be ordered. Mr. Pfenning commented that, unfortunately, the Solicitor’s Office does not agree with his interpretation of the law so they are free to bring a mandamus suit anytime they want. Mr. Pfenning explained his interpretation is that there should be the purchase order before an employee picks up the phone, with some limited exceptions, some of which are approved by the CI committee. Mr. Pfenning advised he is now working with Financial Services to modify the way invoices are processed, and within the next two weeks Department Heads will be receiving a memorandum regarding what the Controller intends to do under his powers of Article 111.01.

Mr. Pfenning, turning to the Non-Utility Capital Fund, explained what the Controller’s Office does when a purchase order or contract falls under the Non-Utility Capital Fund. Mr. Pfenning emphasized that the Non-Utility Capital Fund is a combination of two different types of funding sources. One is proceeds from Bond Issues and the other is everything else that includes donations, grants, and so on. When a purchase order comes in or a contract has to be executed, the Controller’s Office has to look at the source of the money. Mr. Pfenning highlighted the fact that if the source of the funding is Bond Issue money he has now become acquainted with the Local Government Unit Debt Act that defines projects eligible to be paid with Bond funds. Mr. Pfenning advised he has had on going discussions with Dennis Reichard, Business Administrator, Mark Sivak, Budget and Finance Director, and Jennifer Doran, Assistant City Solicitor. Mr. Pfenning stated that Bond Counsel was originally approached to interpret the Local Government Unit Debt Act, they gave some thoughts and then gave it to the City’s outside accountants who then presented Mr. Pfenning with a sheet on which was highlighted what is included in the definition of Project, as he distributed to the Members this evening. Mr. Pfenning continued on to say the only amendment he has also considered is number two on the list regarding planning as a legitimate capital expense. Mr. Pfenning stated he has been enforcing that during the course of the year so far with any Bond purchase. Regarding the other sources of funding that is everything else besides Bond Issue proceeds, Mr. Pfenning explained when he gets a purchase order or contract he makes sure that the source supports the item being requested for expenditure. Mr. Pfenning noted that the SALDO Ordinance describes how recreation fees may be used. When there are donations, he has to make sure that the donations have been received and are unrestricted. When the source of funds is reviewed and qualifies then the Budget listing is reviewed.

Mr. Pfenning, focusing on Bond funds, expressed he does not consider chopping down a dead tree in a park, or chemicals being poured into a pool to be capital expenditures under the Debt Act. Mr. Pfenning, turning to the SALDO Ordinance, noted he has some concerns with the way budget transfers of $70,000 and $37,000 were handled last year. Once there is a valid source and, in the case of Bond funds, a capital project, the Controller turns to the Budget book reflecting the Budget Ordinances City Council passed. Mr. Pfenning continued on to explain that, when he looks at the Budget book description for the accounts cited and there is no remote way it fits and cannot be forced through somehow, while he has tried to be as accommodating as possible, the transaction dies because the Budget book is not allowing it. Mr. Pfenning pointed out that under the Local Government Unit Debt Act, in item one under Project the last word in the project list is repair that stands alone as a legitimate capital expense under the Debt Act. He noted in the business world it is always a problem of what is an expense versus what is a capital item. Although businesses tend to want to expense everything for the tax deductions, government appears to want to capitalize everything. Mr. Pfenning pointed out the problem is that repairs if not interpreted properly burden the taxpayer because in paying an operating expense at a $1 price today it is actually being paid back with taxpayer dollars in 5 or 10 years at $1.50 or $1.75 because of financing costs and interest. Mr. Pfenning confirmed that he also has many problems with burdening the taxpayers 5 or 10 years from now in paying for air conditioner repairs in the building last summer. Mr. Pfenning stated the definition of what is a repair remains the only thing not resolved yet. Mr. Pfenning notified the Members that he, Mr. Reichard and Mr. Sivak, in conjunction with Attorney Doran, are going to try to come up with a proposal for budget language amendments to clarify what are repairs. He added that the Administration has been very cooperative in this discussion.

Mr. Pfenning pointed out another part of the question is Codified Ordinance Article 121.12 as to how Bond funds are expended and have to be approved. The Ordinance requires every transaction paid with Bond funds to be approved by Council. Mr. Pfenning informed the Members that, until this Ordinance is changed, he intends to enforce it. He is holding up a check now pending approval from Council and he has a journal entry tomorrow that may have to be approved by Council also. Mr. Pfenning, expressing this is a very difficult subject, noted it is being addressed to make sure the City obeys the law and added that is his job. Mr. Pfenning continued to say that in a number of his prior reports he has asked City Council to revisit and review Article 121 that includes financing aspects and which he thought needs some updating. To date, he has received no feedback or no impression that it is on Council’s list to review. Mr. Pfenning expressed the hope that Council would review the Article and perhaps revise it in a way that it is usable.

7. ORDINANCES FOR FINAL READING

A. Bill No. 12 – 2013 – Establishing New Article 1321 – Landmarks and Historic Resources

The Clerk read Bill No. 12 – 2013 - Establishing New Article 1321 – Landmarks and Historic Resources, on Final Reading.

Voting AYE: Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, and Mr. Evans, 7. Bill No. 12 – 2013, now known as Ordinance No. 2013 - 12, was declared adopted.

8. NEW ORDINANCES

A. Bill No. 13 – 2013 – Amending Article 908 – Antenna Systems

The Clerk read Bill No. 13 – 2013 – Amending Article 908 – Antenna Systems, sponsored by
Mr. Reynolds and Mr. DiGiacinto, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 908 OF THE CODIFIED ORDINANCES
ENTITLED ANTENNA SYSTEMS.

Voting AYE: Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, and Mr. Evans, 7. Bill No. 13 – 2013 was passed on First Reading.

B. Bill No. 14 – 2013 – Granting Cable Franchise – Service Electric Cable T.V., Inc.

The Clerk read Bill No. 14 – 2013 – Granting Cable Television Franchise – Service Electric Cable T.V., Inc., sponsored by Mr. Reynolds and Mr. DiGiacinto, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, PURSUANT
TO ARTICLE 908, ET SEQ, OF THE CODIFIED
ORDINANCES OF THE CITY OF BETHLEHEM
GRANTING A CABLE TELEVISION FRANCHISE
SYSTEM TO SERVICE ELECTRIC CABLE T.V., INC.

Voting AYE: Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, and Mr. Evans, 7. Bill No. 14 – 2013 was passed on First Reading.

C. Bill No. 15 – 2013 – Granting Cable Franchise – RCN Telecom Services (Lehigh) LLC

The Clerk read Bill No. 15 – 2013 - Granting Cable Television Franchise – RCN Telecom Services (Lehigh) LLC, sponsored by Mr. Reynolds and Mr. DiGiacinto, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, PURSUANT
TO ARTICLE 908, ET SEQ, OF THE CODIFIED
ORDINANCES OF THE CITY OF BETHLEHEM
GRANTING A CABLE TELEVISION FRANCHISE
SYSTEM TO RCN TELECOM SERVICES (LEHIGH) LLC.

Voting AYE: Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, and Mr. Evans, 7. Bill No. 15 – 2013 was passed on First Reading.

9. RESOLUTIONS.

A. Approving Vendor License Renewal – Easy Weenies

Mr. Recchiuti and Mr. DiGiacinto sponsored Resolution No. 2013-61 that granted approval of a Sidewalk Vendor Renewal Application for a sidewalk vendor cart for Christopher Morales, Easy Weenies, at 15 West Fourth Street, for the hours of 10:00 AM – 6:00 PM, 12:00 AM – 4:00 AM, Monday/Tuesday through Saturday/Sunday, for the renewal period March 20, 2013 to March 20, 2014.

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

B. Approving Grant Application – Keystone Communities Development Program – South Bethlehem
Eastern Gateway

Mr. Recchiuti and Mr. Reynolds sponsored Resolution No. 2013-62 that authorized a grant application for a Keystone Communities Development Grant from the Pennsylvania Department of Community and Economic Development, for public improvements in the South Bethlehem Eastern Gateway neighborhood in the amount of $250,000 for implementation of streetscapes and other public space improvements as described in the South Bethlehem Eastern Gateway Vision Study. The City will assume the provision of the full local share of the project cost with the cooperation and participation of local partners and other related grants.

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

C. Approving Grant Application – Northampton County Open Space and Natural Areas Program –
Monocacy Creek and Johnston Park

Mr. Reynolds and Mr. Donchez sponsored Resolution No. 2013-63 that authorized a grant application from the Northampton County Open Space and Natural Areas Program. The City will have available $119,789 for Rehabilitation of Monocacy Creek at Illick’s Mill and $58,800 for Johnston Park Dam Removal and Restoration of Natural Resources, its required match.

Ms. Dolan pointed out that both projects have the potential for flood mitigation in the Monocacy Corridor. Ms. Dolan added that the grants could make a difference in what is seen in the historic corridor in the City.

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

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

Mrs. Belinski and Mr. DiGiacinto moved to consider Resolutions 9 D through 9 M as a group. Voting AYE: Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti and Mr. Evans, 7. The motion passed.

D. Certificate of Appropriateness – 569 Main Street

Mr. Recchiuti and Mr. DiGiacinto sponsored Resolution No. 2013-64 that granted a Certificate of Appropriateness to use the sidewalk for outdoor dining at Bethlehem Brew Works at 569 Main Street.

E. Certificate of Appropriateness – 500 Main Street

Mr. Recchiuti and Mr. DiGiacinto sponsored Resolution No. 2013-65 that granted a Certificate of Appropriateness to use the same tables and chair at Tapas at 500 Main Street.

F. Certificate of Appropriateness – 528 North New Street

Mr. Recchiuti and Mr. DiGiacinto sponsored Resolution No. 2013-66 that granted a Certificate of Appropriateness to replace the windows at 528 North New Street.

G. Certificate of Appropriateness – 528 North New Street

Mr. Recchiuti and Mr. DiGiacinto sponsored Resolution No. 2013-67 that granted a Certificate of Appropriateness to construct a new ADA entrance ramp to the existing New Street front entrance at 528 North New Street.

H. Certificate of Appropriateness – 425 Center Street

Mr. Recchiuti and Mr. DiGiacinto sponsored Resolution No. 2013-68 that granted a Certificate of Appropriateness to remove one window and modify a second at 425 Center Street.

I. Certificate of Appropriateness – 564 Main Street

Mr. Recchiuti and Mr. DiGiacinto sponsored Resolution No. 2013-69 that granted a Certificate of Appropriateness for a one year evaluation period to modify the screening of the emergency generator at the Sun Inn at 564 Main Street.

J. Certificate of Appropriateness – 458 Main Street

Mr. Recchiuti and Mr. DiGiacinto sponsored Resolution No. 2013-70 that granted a Certificate of Appropriateness to install a sandwich board sign at 458 Main Street.

K. Certificate of Appropriateness – 515 Main Street

Mr. Recchiuti and Mr. DiGiacinto sponsored Resolution No. 2013-71 that granted a Certificate of Appropriateness to install sconces for exterior low lighting on pilasters at 515 Main Street.

L. Certificate of Appropriateness – 515 Main Street

Mr. Recchiuti and Mr. DiGiacinto sponsored Resolution No. 2013-72 that granted a Certificate of Appropriateness to have etched logos placed on glass doors and panels at 515 Main Street.

M. Certificate of Appropriateness – 515 Main Street

Mr. Recchiuti and Mr. DiGiacinto sponsored Resolution No. 2013-73 that granted a Certificate of Appropriateness to have tables and chairs for outdoor seating at the Corked Wine Bar at 515 Main Street.

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

N. Authorizing Lease and Agreement of Sale – 727 East Fourth Street – South Bethlehem
Neighborhood Center – Park

Mr. Reynolds and Mr. Donchez sponsored Resolution No. 2013-74 that authorized a Lease for Real Estate and Agreement of Sale for Vacant Land, in the event the City determines it is in the public interest to exercise the option to purchase said parcel, between South Bethlehem Neighborhood Center and the City for the parcel at 727 East Fourth Street for a pocket/neighborhood park for a lease term commencing upon signing of lease and ending on December 31, 2014, with option to purchase, according to the agreement.

President Evans affirmed that the matter was reviewed at the Parks and Public Property Committee meeting last night, April 15, 2013, and there were a number of questions and comments.

Mr. Reynolds, a Member of the Parks and Public Property Committee, confirmed there were discussions at yesterday’s Committee meeting. Mr. Reynolds noted that the areas for usable recreation space in this vicinity of the South Side are not as great as they should be. Pointing out that, in addition to the three Committee Members, President Evans and Mr. DiGiacinto were in attendance at the Parks and Public Property Committee meeting, Mr. Reynolds communicated it is a project that the Members were excited about. Highlighting the fact that the parcel had been sitting vacant for some time, Mr. Reynolds exclaimed it is a win-win for all the parties involved to have the recreational addition.

Mr. Donchez, noting he grew up next to the parcel in question, thought the recreational space is really needed in the neighborhood, in view of the concrete areas and the townhouses across the street. Mr. Donchez agreed it would be a great asset for the neighborhood, especially with the Greenway that is close by, and the number of children in the area.

Ms. Dolan, denoting there is parking on a portion of the lot, stated that will not be affected at this time, but there could be some future regulations to provide for neighborhood parking. Ms. Dolan highlighted the fact that the City is working with Edge of the Woods that is a respected native plant grower to replant the site and will decrease maintenance and improve the environment. Ms. Dolan continued on to note there will be game tables at the pocket park, flowers in concrete urns that will be taken care of by a local non-profit organization, and historic style benches. Ms. Dolan informed the assembly that much of the work will be done by volunteers and the pocket park should be open by June.

Adding Resolution 9 O

O. Approving Alternative Procedure - Sale of City Property – West Third Street – Triple Net Investments XXXI, LLP

Mr. Donchez and Mr. Recchiuti moved to add Resolution 9 O to the Agenda. Voting AYE: Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti and Mr. Evans, 7. The motion passed.

Mr. Recchiuti and Mr. Reynolds sponsored Resolution No. 2013-75 that authorized an alternative procedure for the sale of the parcel of land located on West Third Street (aka The Hub) according to the Agreement of Sale between Triple Net Investments XXXI, LLP and the City for the purchase price of $45,000.

President Evans confirmed that the proposal was reviewed last evening, April 15, 2013, at the Parks and Public Property Committee meeting. President Evans further advised that Mayor Callahan and Joseph Kelly, Director of Community and Economic Development, made presentations, and Darlene Heller, Director of Planning and Zoning, was in attendance as well. President Evans informed the assembly that Jim Petrucci, developer, is in attendance at this evening’s meeting with his development team including his attorney, and architect.

Mr. Reynolds inquired about the developer’s intentions to contact some of the surrounding neighbors and property owners regarding the proposed development.

Joe Carrea, with J. G. Petrucci Company and also representing Triple Net Investments, the current property owner where Perkins Restaurant is located, replied they have met with Cathedral Church of the Nativity, the Chabad of Lehigh University, and Sayre Mansion. Mr. Carrea advised he explained to all parties that this is the initial step in the land development process, and the group would work with them throughout the process addressing concerns they have. Mr. Carrea added that Sayre Mansion had some specific concerns with respect to HVAC screening and the viewsheds from the second story of their property, and the group will continue to work with them through the process.

Mr. Reynolds affirmed there was a fairly lengthy explanation from Mr. Carrera and his colleagues at the Parks and Public Property Committee meeting last evening as far as what the proposed plan would entail. Mr. Reynolds, noting there were various questions and some concerns raised at the Committee meeting, stated he left the meeting feeling better about the proposal. Mr. Reynolds, observing there are only so many things that can be done with this piece of property, stated the project will add jobs and revenue to the City. Mr. Reynolds noted the biggest concern that came out was the intention to work with the property owners in the area to move forward in a way in which ideally everyone will be happy. Mr. Reynolds commented this property can be added to the tax roles and help to rebuild that tax base. Mr. Reynolds said he is confident in approving the matter tonight because he thinks it is a win-win for the City and for the area, a way to add jobs, and to put development on a corner that could benefit. Mr. Reynolds pointed out the developer is reaching out to the neighbors and trying to find a way for everyone to at least be on the same page going forward. Mr. Reynolds restated this is just the first step in a land development process. Mr. Reynolds said the Administration deserves credit for working with the developer as far as finding a project that works for the City.

Ms. Dolan communicated that when a city owns a piece of property it has to determine what is the best use for the land. She continued on to say sometimes the best use is to leave it open space and use it for parkland when it is easily accessible to people in a neighborhood and contiguous to other open space. However, Ms. Dolan pointed out when talking about the South Side downtown business district, a gateway corner, and an awkward, difficult property to develop that does not meet the requirements for open space, the City would undoubtedly look for something that would put more feet on the ground, bring economic development and jobs, and result in a solid-looking, innovative building that has integrity and is respectful of the neighborhood. Ms. Dolan, highlighting the difficulty of the ingress and egress to the property and the traffic in the area, remarked it is incredible that the City was able to work with one of the most respected and highly recruited developers in the City because they happened to own the property next door. Ms. Dolan commented it is a boost to the City to have a potential medical facility in downtown South Bethlehem, have employees be able to live in the downtown area, and to have the ability for people to walk there or drive a short distance to reach it. Ms. Dolan said what could really not be considered by a responsible Council would be the idea of leaving an important gateway corner, with three beautiful buildings on every other side, and leaving it an unused open space park on the edge of a major highway alongside a major bridge. Expressing that Mr. Petrucci and the architect are an excellent team, and inviting input from the neighbors, Ms. Dolan said a good, solid building is needed there and she is happy about the project.

President Evans, while denoting there were a number of considerations that the Administration had, the developers worked through, and City Council has looked at, said this is a very good looking project, on which great work was done by the Administration and the developers, that has his full support.

President Evans advised that the proposal will be further reviewed by the Planning Commission and the Historic Conservation Commission.

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

10. NEW BUSINESS.

None.

11. PUBLIC COMMENT

Transit Authority - Lehigh Valley

Kirk Raup, 818 West Boulevard, said tonight marks almost exactly a year since he had approached the City Councils in Bethlehem, Allentown and Easton with the idea of creating a transit authority for the Lehigh Valley. He noted the original reason he sought the City to do this is because it is legal and allowable, and if this does happen then Allentown, Bethlehem and Easton would be directly served by the rail agency to the exclusion of the other 64 communities in the Lehigh Valley. Mr. Raup explained that he wanted to approach the three biggest cities to try and achieve this because they will get the greatest benefit and they can join forces to do it. Mr. Raup added that he has spoken to all three Mayors over the past two years on this subject several times, and he has also spoken to the leadership of Council and several Council members over the years, and all stated they do want to address the idea of coming together to form a transit agency. He was also advised to speak to Bethlehem Mayor John Callahan, Easton Mayor Sal Panto and Allentown Mayor Ed Pawlowski to introduce a resolution or action to take forward steps. Mr. Raup advised he approached the City of Allentown in March and at that time made a formal request to all three Mayors to address the matter and present it to Council for consideration. Mr. Raup said he would like to proceed but he has the dilemma where there is nothing he or anyone could do independently, since it cannot be done without the permission of a public agency. Mr. Raup informed the Members he is at the Meeting to revisit the idea, and will be speaking to Allentown tomorrow and Easton next week that have formally received the request on March 20 so they are aware of it. Mr. Raup asked that the idea be taken to the next step and have a longer conversation about it. Mr. Raup requested that a way be found to address this issue. He highlighted the fact that the Lehigh Valley will benefit with rail service to New Jersey, New York, and Philadelphia. Mr. Raup, remarking this can afford to be done although it has been told for decades that it would be too expensive, said the truth is that it can be done for the cost of about 12 cents a day per citizen that has a job in the Lehigh Valley. While noting the voters will have to be asked if they approve this or not, Mr. Raup thought the Lehigh Valley public will get behind this because he has seen growing support for this. Mr. Raup, advising that he has created a website that has almost crashed twice with the responses he has had and it has generated a lot of buzz, stated he is asking the Mayor and Council to do whatever they can to get this done. Mr. Raup commented that if things move at lightening speed it will still probably be 5 years, although it could take closer to 20 years, but expressed it can be done.

712 Second Avenue

Paulette Moll, 710 Second Avenue, affirmed that she owns 710 Second Avenue and is at the Meeting concerning a Housing Ordinance and read a statement, as follows. On August 28, 2012, she, her attorney, Kris Hubler, and the neighbor from 714 Second Avenue met with the Mayor, Police Chief, Assistant Police Chief, and Joe Kelly, to discuss the situation at 712 Second Avenue. At that time, she turned over to Joe Kelly six months of videos to prove that there are 18 people residing in 712 Second Avenue. Ms. Moll explained that she has security cameras on her house complete with sound and a sticker in the window informing outsiders of the surveillance. Yolanda Toro, presently out on work release, Richard Serrano, Sr., Richard Serrano, Jr., Brian Serrano, Mark Serrano, Kevin Serrano, Hector Serrano, Isaac Serrano, Jesus Serrano, Jessie Morales, Cheyene Serrano, another female child of Jesus and Jessie, Xavier Serrano, Ana Arce, Isaiah Arce, JJ Arce, Jalene Arce, Derek-Ana's boyfriend. Ms. Moll advised that she also brought up the fact that no one from the Mayor's Office or the Police Chief's office would call her back. The answer from City Council was they would see what could be done. Ms. Moll advised that at least Mr. Donchez tried to help by sending other memos and addressing her personally on the phone and in person. On January 16, 2013 at 12:49 AM there was a stabbing at 712 Second Avenue and she was awakened to "come out with your hands up.” Ms. Moll advised that her 18 year old granddaughter lives with her, attends high school, and does not get much sleep with the cast of characters next door. The police took Jessie Morales, an occupant of the house, away in handcuffs; her hearing is scheduled for May 15, 2013 at Magistrate Maura's office. On January 26, 2013 at 2:00 AM the police were at 712 Second Avenue again. The cameras picked up a uniformed officer informing several plain clothed officers on the numerous occupants who are living in the house. Ms. Moll noted numerous officers have been to her home responding to her complaints, stating that when they would speak with Mike Palos, Chief Housing Inspector, it did no good. Ms. Moll also later found out that Mr. Palos is allegedly friends with Jen Wuertele, landlord for 712 Second Avenue. She tried to confirm this information with Joe Kelly and the Mayor, but they refused to call her back. Ms. Moll informed the Members what really brought her to the Meeting tonight was an incident last Tuesday and Wednesday when she found what she thought was trash on her back porch roof. Officer Schaffner came on Tuesday and saw the bag of trash and determined that it could only have come from the building next door, 712 Second Avenue. The bag turned out to be human excrement. Because she did not see it happen no citation could be issued. Officer Ebert responded to a second call on Wednesday when she found a second bag. This too was human excrement. He went next door and spoke with Ana Arce. Again, Ms. Moll did not see it happen, so the police could not do anything. After Officer Ebert left 712 Second Avenue, she and her granddaughter heard Ana scream "why the f... did you do that?" In her mind that indicated someone in that house admitted to doing it.

Ms. Moll pointed out that if all rented units were treated equally under the City Ordinance privately owned or not this would have ended a long time ago and she would not be standing at this Meeting tonight. Ms. Moll expressed that this Ordinance has to be changed and all housing has to be treated equally.

Rats and Roaches – East Garrison Street

Judith Koch, 113 E. Garrison Street, informed the Members that she owns her home as do the neighbors on both sides of her home. Advising that they have been dealing with roaches and rats in their homes, Ms. Koch stated they have been dealing with roaches since 2008 and rats for one year. Ms. Koch pointed out that Seitz Pest Control is the pest control company that comes out every month to try to help her get rid of these things. Ms. Koch related that, according to the pest control company, the only way she can get rid of them is if she gets all of her neighbors involved. Ms. Koch explained she has snap traps, sticky traps, bait and a sonic pest control device, and she has killed 9 rats in one year. Ms. Koch advised the reason she is at the Meeting is that she has complained to the Health Bureau, the Mayor’s office, Fire Inspectors office, and Senator Lisa Boscola’s office, and she is getting no where. Ms. Koch pointed out that she has also called Channel 69 News but has not received a call back. Ms. Koch informed the Members there is a home two doors up from hers at 117 E. Garrison Street that has been vacant for at least 12 years owned by an elderly woman who is residing at a private nursing home. She brought this to the attention of the Bethlehem Health Bureau a year ago after finding a rat’s nest in her home located in her utility room under a raised radiator which has a cover on it. Ms. Koch added that her neighbors at 115 E. Garrison Street also found a rat’s nest, and her neighbor at 111 E. Garrison Street is also experiencing rat problems. Ms. Koch advised she has two dogs who stay in the kitchen and utility room when she is not at home. The rats are not scared of them and made a nest near the dogs, and also stole 8 dog toys to make a cushion for the nest. Ms. Koch stated that Scott Sterner of the Health Bureau did go to the home at 117 E. Garrison Street about a year ago. Mr. Sterner found a window open in the attic, and the owner of the property was instructed to fix things. She had a neighbor close the window; however, the window is open and no one has been inside the attic to find out what could be there. Ms. Koch remarked that she cannot imagine what could be in the house that has been vacant. Ms. Koch further advised that the bug man on Center Street sent a worker into the home but was unable to put down any traps because the house is completely a mess. Ms. Koch has been told by neighbors that the owner was a hoarder. Ms. Koch called the Fire Inspector’s office and was told they cannot help unless they personally see a fire hazard. On January 28, 2013 Ms. Koch went to the Health Bureau office herself and spoke to the secretary and the head of the Health Bureau and was told they cannot do anything since the woman pays her taxes and they have not seen anything wrong in the house. Ms. Koch, expressing she is afraid the rats will chew an electrical cord, advised she has pictures of the rats she has killed and they are about at least 12 inches long. The picture shows blood all over her utility room because she has to kill them with a baseball bat. Ms. Koch communicated that she loves animals but she is having a hard time dealing with this. Ms. Koch continued to say last October she found a rat in her recycling bin and she had to kill it. This past weekend she heard them in her floors and walls three nights straight. They are causing damage to her home, they are chewing constantly, and she is afraid of being forced out of her home. Ms. Koch noted that her home has been in her family, and her mother grew up there. Everyone tells her she should move out but she cannot afford to. Ms. Koch notified the Members there is a one year old boy who lives with his family next door and anything could happen to him. Ms. Koch stressed that she needs someone to please listen to her.

President Evans stated that he will speak with Ms. Koch at the end of the Meeting.

Emily Frey, 115 E. Garrison Street, advised she is at the Meeting to talk about the problem Ms. Koch just explained. Ms. Frey informed the Members the problem is a concern to her because her pediatrician stated that she should consider moving out if she cannot do anything about it, because her young son is crawling on the floor. The pediatrician spoke to her about the dangers of her son living in the home because of the rat problem. Ms. Frey explained she has also spent a lot of money this year to prevent her cats from getting diseases from the rats. Ms. Frey expressed she is hoping someone can do something about this for the sake of her son’s health.

Martin Tower and Nitschmann Middle School

Chuck Nyul, 1966 Pinehurst Road, informed the assembly that he worked for Bethlehem Steel at the Annex building behind Martin Tower, and addressed the fact that Martin Tower was taken off of the list of Historic Buildings. Pointing out that Nitschmann Middle School needs a new school, Mr. Nyul thought if Council could get together with the School Board, perhaps they can discuss taking Martin Tower down. He noted that the Annex is a large, three story building, with space for classrooms and a cafeteria that seats 350 people that could be used. Mr. Nyul continued on to say if Martin Tower is taken down a football field and soccer field could be installed there. Mr. Nyul communicated that he did not see the point of tearing down the present old Nitschmann School and moving it a bit to the north. Mr. Nyul mentioned there is asbestos in the Martin Tower building.

Various Topics

Dana Grubb, 2420 Henderson Place, noted that the park to be built at 727 E. Fourth Street was once completely renovated using CDBG funds. Mr. Grubb asserted he can see this was not money well spent since it is going to be done again with grant money and volunteers. Mr. Grubb thought it was disturbing to have residents show up about the conditions in their neighborhoods and not getting much help from City government. Mr. Grubb advised that, when he worked for the City, he personally went to properties, including a cockroach infested property. Mr. Grubb communicated he felt it was important for City inspectors to treat a situation like they were living next door to it. Mr. Grubb, turning to the sale of the parcel of land on West Third Street to Triple Net Investments, said he has the utmost respect for the developer. While commenting that from the renditions the scale and design of the building looks nice, Mr. Grubb explained as he was driving down West Third Street from Delaware Avenue today he tried to envision the proposed building. Mr. Grubb commented that virtual viewscapes should be utilized more often to give people an idea of how a building would look once development is completed. He expressed concern about how an attractive view of the City will be impacted with the proposed building. Mr. Grubb pointed out everything that was said tonight makes sense but he also thinks that just having open green space even if it just sits there is not necessarily a bad thing in a City. Noting that for his entire life that has been an empty lot and has been a park, Mr. Grubb affirmed at one time it had a very important monument located there which has been moved. Mr. Grubb communicated that when it comes to development it needs to be very sensitive to its environment, and he hoped the developers will listen to the neighbors and incorporate some of their thoughts into the project at West Third Street.

727 E. Fourth Street; West Third Street; Council Districts

Mary Pongracz, 321 W. Fourth Street, questioned why the usual procedure was not followed since Communication 5 E for 727 E. Fourth Street was on the Agenda as well as the Resolution for it, rather than on the next Council Agenda. Ms. Pongracz further questioned why the City wants to take this beautiful piece of land at 727 E. Fourth Street which is green and turn it into a yard of stone benches and stone walls. Concerning comments that there are no recreation facilities on the South Side, Ms. Pongracz stressed that people should take a walk and look at all of the things on the South Side. Ms. Pongracz asserted that the proposed building at West Third Street by Triple Net Investments is an insult to the people who live in the neighborhood which is also where she lives. She wondered why the City is bending over backwards for developers, who is getting paid, and what is the price. Ms. Pongracz pointed out that if it were not for the South Side, the City of Bethlehem would not exist today. Ms. Pongracz highlighted the fact that in 1917, the City of Bethlehem was united with the Boroughs of South Bethlehem and West Bethlehem, but now she hears comments about having Council representatives from all parts of the City. Ms. Pongracz thought there should be representatives from the City of Bethlehem who are concerned about the whole City of Bethlehem.

The meeting was adjourned at 8:35 p.m.