Bethlehem Council MInutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Wednesday, May 22, 2013 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

Father Joseph Sobiesiak, of Holy Infancy 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.

CITATION

President Evans stated that the Citation for Robert J. Ripper, on the occasion of his retirement from the Police Department will be mailed to him since he was unable to attend the meeting.

2. APPROVAL OF MINUTES

The Minutes of May 7, 2013 were approved.

3. PUBLIC COMMENT

Intervention – Appeal of Bethlehem Manor Village, LLC – 1838 Center Street

William Moran, 2345 Center Street, congratulated those who won in the election. Mr. Moran said he wanted to comment on the subject of the authorization to Intervene concerning the property located at 1838 Center Street and the rather intense review by the Zoning Board, the Planning Commission and Courts. He said Judge Smith of the Court of Common Pleas sent the issue of the proper zoning and the role of the Zoning Hearing Board and the Planning Commission back to the Zoning Hearing Board and said he thinks the issue before the Board is simple. The developer has submitted an application which he labeled as a hospital. An examination of the documentation reveals that its clear purpose is a residential drug treatment facility and detox facility and that is the issue that the Zoning Hearing Board is going to have to deal with. Mr. Moran commented that what the developer has done is to move a use for the plan for the church on Dewberry Avenue to the site on Center Street and put a different label on it. He said it doesn’t change; it is just big. He said Zoning ordinances are intended to provide certainty to the people who live in the community, certainly for people who plan to purchase property or develop property, and a community must defend its Zoning ordinances to provide the continuity that holds our community together. People who purchase homes in the area, who establish businesses, Bethlehem Catholic High School, churches, all depend on the zoning ordinance to be in place and only to be changed if this body chooses to change it. He said he wanted to note that if the developer had decided he wanted to build something that was not permitted on the property he should have come to this body while the zoning ordinance was under revisions and ask that this project for this property be removed from the Institutional district. He did not do that. Mr. Moran said that would have been the proper way to resolve all these problems. He has asked the Zoning Hearing Board for a variance and he got it. Now he is unhappy because he is not going to be able to make enough money. He is a sophisticated businessman. When he bought the property he knew it was limited in terms of its use but he bought it anyway. He remarked that he has a history in the Lehigh Valley, and if he doesn’t get what he wants one way, he will get it another way. Mr. Moran urged Council to support the resolution to Intervene.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

5. COMMUNICATIONS

A. Purchasing Director – 2013 Auction

The Acting Clerk read a memorandum dated May 8, 2013 from Mary Jo Reed, Director of Purchasing, to which was attached a list of items that will be sold at the next on-line auction. The auction will be held within the next 60 days and Council will be advised of the date.

President Evans stated that if Council has no objections to the property listed, the same may be added to the on-line auction. Since there were no objections, President Evans said a memorandum will be sent to the Purchasing Director.

B. Rezoning Request – 2344 Center Street – First Presbyterian Church of Bethlehem – Institutional (I) District to Residential Retirement Complex (RRC) District

The Acting Clerk read a letter dated May 7, 2013 from Hanover Engineering Associates requesting a rezoning of lands located at 2344 Center Street and the unopened portion of Langhorne Avenue, from Institutional (I) District to Residential Retirement Complex (RRC) Zoning District. The owner of the land proposed to be rezoned is currently First Presbyterian Church of Bethlehem. However, Presbyterian Homes, Inc., the owners of Kirkland Village, have an agreement to purchase the lands proposed to be rezoned and have submitted a resubdivision application to the City to consolidate the lands to acquire and create one lot for the Kirkland Village Retirement Community.

President Evans referred the request to the Planning Commission and Lehigh Valley Planning Commission. He accepted a motion from Mr. Donchez, seconded by Ms. Dolan, to schedule the Public Hearing on Tuesday, July 2, at 7:00 PM in Town Hall. Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, and Mr. Evans, 7.
The motion passed.

C. Housing and Community Development Planner – Enterprise Zone Manager Funding – Resolution

The Acting Clerk read a memorandum dated May 16, 2013 from the Housing and Community Development Planner to which was attached a resolution requesting two years of additional funding from the Pennsylvania Department of Community and Economic Development for the Enterprise Zone Manager to be utilized for salary and other costs associated with the program.

President Evans stated that the Resolution will be listed on the June 4 Agenda.

D. Authorizing Intervention – Appeal of Bethlehem Manor Village, LLC – Zoning Hearing Board – 1838 Center Street

The Acting Clerk read a memorandum from the President of Council dated May 16, 2013 to which was attached a resolution authorizing Attorney Christopher Spadoni, City Council Solicitor, to intervene in the present appeal of Bethlehem Manor Village, LLC before the Zoning Hearing Board in the matter involving 1838 Center Street.

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

6. REPORTS

A. President of Council

None.

B. Mayor

None.

C. Finance Committee

Mr. Reynolds, Chairman of the Finance Committee, gave an oral report of the meeting held on May 8, 2013 on the following subjects: Transfer of Funds – General Fund – Workmen’s Compensation; Transfer of Funds – City Council – Temporary Help; Amending General Fund Budget: Health Bureau – Grants and Gifts, Police – Justice Assistance Grants; Amending Liquid Fuels Fund Budget – 2013 Allocation and Adjustments; Amending Non-Utility Capital Budget: Johnston Park, Stefko Drainage Swale, AFG/FEMA – Fire Equipment; and First Quarter Financial Review.

7. ORDINANCES FOR FINAL READING

None.

8. NEW ORDINANCES

A. Bill No. 16 – 2013 – Amending General Fund Budget – Health Bureau; Police Department

The Acting Clerk read Bill No. 16 – 2013 – Amending General Fund Budget – Health Bureau, Police Department, sponsored by Mr. Recchiuti and Ms. Dolan, 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. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, and Mr. Evans, 7. Bill No. 16 – 2013 was passed on First Reading.

B. Bill No. 17 – 2013 – Amending Liquid Fuels Fund Budget – 2013 Allocation and Adjustments

The Acting Clerk read Bill No. 17 – 2013 – Amending Liquid Fuels Fund Budget – 2013 Allocation and Adjustments, sponsored by Mr. Recchiuti and Ms. Dolan, 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.

Ms. Dolan, stating she was not at the Finance Committee Meeting, questioned why snow and ice removal and snow removal operating supply were being increased at this point in the year. Michael Alkhal, Director of the Public Works Department, responded that the revisions needed to be made to the Liquid Fuels Budget since they were a little too optimistic in terms of what the needs were for this past winter and funds required upcoming at the end of the year.

Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, and Mr. Evans, 7. Bill No. 17 – 2013 was passed on First Reading.

C. Bill No. 18 – 2013 – Amending Non-Utility Capital Budget – Johnston Park; Stefko Drainage
Swale; AFG/FEMA – Fire Equipment

The Acting Clerk read Bill No. 18 – 2013 – Amending Non-Utility Capital Budget – Johnston Park; Stefko Drainage Swale; AFG/FEMA – Fire Equipment, sponsored by Mr. Recchiuti and Ms.Dolan, 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. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, and Mr. Evans, 7. Bill No. 18 – 2013 was passed on First Reading.

9. RESOLUTIONS.

A. Authorizing Application - Watershed Restoration and Protection Grant – Monocacy Park Restoration and Creek Bank Stabilization

Ms. Dolan and Mr. Donchez sponsored Resolution 2013–86 that authorized the application for a Watershed Restoration and Protection (WRP) grant in the amount of $200,000 from the Commonwealth Financing Authority of the Commonwealth of Pennsylvania to be used for rehabilitation of Monocacy Park Creek at Illick’s Mill, Monocacy Park.

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

B. Authorizing Use Permit Agreement for Public Property – Greater Lehigh Valley Chamber of Commerce – Downtown Bethlehem Association – 2013 Doggie Day Event

Mr. Recchiuti and Ms. Dolan sponsored Resolution 2013–87 that authorized the Use Permit Agreement between the Greater Lehigh Valley Chamber of Commerce, by and through its Downtown Bethlehem Association, and the City for use of Main Street between Broad Street and Church Street for the 2013 Doggie Day Event on June 30, 2013, according to the Agreement.

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

C. Transfer of Funds – General Fund – Workmen’s Compensation

Mr. Recchiuti and Ms. Dolan sponsored Resolution 2013–88 that transferred $126,177 in the General Fund Budget from the Landfill Transfer Account to the Workmen’s Compensation Account due to the additional savings in the account to be used for claims from prior plan years which are still occurring costs.

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

D. Transfer of Funds – City Council – Temporary Help

Mr. Recchiuti and Ms. Dolan sponsored Resolution 2013–89 that transferred $10,200 in the General Fund Budget from the Professional Services Account to the Temporary Help Account for the salary of part-time help in the City Clerk’s Office, formerly approved for payment from the Professional Services Account.

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

Motion – Considering Resolutions 9 E through 9 S as a Group – Certificates of Appropriateness

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

E. Certificate of Appropriateness – 559 Main Street

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-90 that granted a Certificate of Appropriateness to put a double-sided sign board at Girlfriends Boutique at 559 Main Street.

F. Certificate of Appropriateness – 516 Main Street

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-91 that granted a Certificate of Appropriateness to install a new Hair Salon sign (Hair Studio Main) at 516 Main Street.

G. Certificate of Appropriateness – 41 East Wall Street

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-92 that granted a Certificate of Appropriateness to repaint existing brick home, façade, trim and shutters at 41 East Wall Street.

H. Certificate of Appropriateness – 85 West Broad Street

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-93 that granted a Certificate of Appropriateness to add tables and chairs to the Apollo Grill at 85 West Broad Street.

I. Certificate of Appropriateness – 450 High Street (Fence)

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-94 that granted a Certificate of Appropriateness to install a new wood fence at 450 High Street.

J. Certificate of Appropriateness – 450 High Street (Walkway)

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-95 that granted a Certificate of Appropriateness to replace existing brick pavers with cobblestone pavers at 450 High Street.

K. Certificate of Appropriateness – 425-429 North New Street (Fence & Gate)

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-96 that granted a Certificate of Appropriateness to install a new fence and gate at 425-429 North New Street, Kemerer Museum of Decorative Arts.

L. Certificate of Appropriateness – 425-529 North New Street (Patios)

Mr Donchez and Mr. Recchiuti sponsored Resolution 2013-97 that granted a Certificate of Appropriateness to install new exposed concrete patios in the outdoor garden area and construct a stained wood pergola in front of the new wall of the center at 425-429 North New Street, Kemerer Museum of Decorative Arts.

M. Certificate of Appropriateness – 262 East Market Street

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-98 that granted a Certificate of Appropriateness to extend the existing first floor deck and second floor at 262 East Market Street.

N. Certificate of Appropriateness – 515 Main Street (Sign)

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-99 that granted a Certificate of Appropriateness to add a new storefront sign at 515 Main Street, the Corked Wine Bar.

O. Certificate of Appropriateness – 515 Main Street (Sconces)

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-100 that granted a Certificate of Appropriateness to add wall sconces around the sign at 515 Main Street, the Corked Wine Bar.

P. Certificate of Appropriateness – 515 Main Street (Service Stair)

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-101 that granted a Certificate of Appropriateness to add an addition of a rear service stair at 515 Main Street, the Corked Wine Bar.

Q. Certificate of Appropriateness – 37 East Church Street

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-102 that granted a Certificate of Appropriateness to install a new slate roof at 37 East Church Street.

R. Certificate of Appropriateness – 130 East Wall Street

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-103 that granted a Certificate of Appropriateness to paint the existing front door at 130 East Wall Street.

S. Certificate of Appropriateness – 253 East Church Street

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-104 that granted a Certificate of Appropriateness to replace existing shingles with GAF Slateline at 253 East Church Street.

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

T. Authorizing Intervention – Appeal of Bethlehem Manor Village, LLC – 1838 Center Street

Mr. Recchiuti and Ms. Dolan sponsored Resolution 2013-105 that authorized Council Solicitor Christopher T. Spadoni, Esq., to enter his appearance for Bethlehem City Council, intervene, and to present any and all testimony, filings, and/or documents as deemed necessary by Council Solicitor Christopher T. Spadoni, Esq., to oppose the Zoning Appeal currently pending before the Zoning Hearing Board of the City of Bethlehem as filed by Bethlehem Manor Village, LLC, in the matter of 1838 Center Street, as follows: Appeal of Bethlehem Manor Village, LLC, in accordance with the Order of Court, dated October 5, 2012, as entered by the Honorable Judge Edward G. Smith, remanding the land development plan to the Zoning Hearing Board for consideration of the zoning issues presented by the proposed land development plan as recognized by the Planning Commission.

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

10. NEW BUSINESS.

None.

11. PUBLIC COMMENT

Street Lights on Third Avenue

Bob Benner, 624 Third Avenue, addressed Council regarding the City’s removal of a tree in front of his house and putting in the bright street lights between Route 378 and Broad Street. He said it is next to impossible to sit on the front porch at night. The lights have 1,000 watt light bulbs and all the neighbors hate it. Mr. Benner stated that in front of his house a 30” round tree was removed by the City and the sidewalks were replaced because they were cracked when pulling the tree out. He was told he would get a new tree but never got one and was told the City ran out of money. He asked if the lights can be knocked down to 500 watts or can he get the neighbors to sign a petition. Mr. Benner remarked that no one sits on their front porch anymore and at night if you open up a window and the wind blows the shade, you are blinded because it looks like the middle of day. He asked why the lights are 45 to 50 feet apart in a residential zone since in a commercial zone it is usually 60 feet in between. He stated the lights are too bright for a residential neighborhood and questioned how much money is spent for the electric.

712 Second Avenue

Paulette Moll, 710 Second Avenue, addressing Council regarding 712 Second Avenue, said it is still there and that it hasn’t gone anywhere. She said she thought as of May 7th they were supposed to be gone. Ms. Moll reported that the police are becoming a presence and that they were out on the 18th at 12:30 in the morning and on the 19th at 5:00 in the afternoon. She said she thinks it is going to become a big problem. Ms. Moll said she and her granddaughter are going to need someplace to live if they do not get out because school is out June 4 and these 14 people plus the others that are flopping at this house will be there 24/7. She said she thinks it will be impossible to stay.

Security Cameras, Drugs

Eddie Rodriquez, 701 Main Street, congratulated those who have been elected and re-elected. Mr. Rodriquez stated he hopes the next Mayor can do something about the cameras because of all that is happening. He said that a lot worse is happening in the inner city and that some folks may not see it but he does because he travels the streets every day. He said he has spoken to Councilman Donchez in the past and thinks there were some good ideas discussed. Mr. Rodriquez said there should be more focus on the neighborhoods because the same thing is still happening and there are a lot of drugs. He said people inside the City who are really involved with the drugs are not being arrested. He reported that Pawnee Street, Cherokee Street, Seneca Street, the 700 block of Pawnee Street, and the 400, 500 and 600 blocks, in addition, are extremely bad. He said that the 400 block of Wyandotte Street is infested. Mr. Rodriquez questioned why this is allowed to go on and remarked that he thinks a lot has to do with the location of the cameras, or the lack of cameras. He said the camera at Mohican Street should be moved to another location where it is needed in the community, like Pawnee Street. Mr. Rodriquez asked who is watching the cameras. He said he understands and gives credit to focus on fires, emergencies, and other police business, but when someone makes a call the police should reach out to that neighborhood that really needs it. Mr. Rodriquez said he has made calls but no one pays attention. He said he does not care about himself, he cares about the neighborhoods. He said his complaints in the past have been concerned about the drugs in the community and it is still going on. Mr. Rodriquez said he will still continue with his efforts and thinks the City should have someone who really cares about the neighborhoods who will listen.

The meeting was adjourned at 7:35 p.m.