Bethlehem Council MInutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, August 6, 2013 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

Pastor Debra K. Hess, of St. Thomas United Church of Christ, offered the invocation which was followed by the pledge to the flag.

1. ROLL CALL

President Eric R. 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.

PUBLIC HEARING

Prior to the consideration of the regular Agenda items, City Council conducted a Public Hearing on an Intermunicipal Liquor License transfer from Northampton Sidelines Sports Bar, 854 Washington Avenue, Northampton to McCarthy’s Irish Pub, Inc., 534 Main Street, Bethlehem.

Intermunicipal Liquor License Transfer – McCarthy’s Irish Pub, Inc.

Howard Lieberman, Managing Partner of Business & Community Financing Solutions, remarked that he is the business consultant working with the client to secure an approval of the transfer of a Pennsylvania Liquor License. He is representing Neville Gardner and McCarthy’s Irish Pub and is at this meeting tonight to request the approval of the transfer of Pennsylvania Liquor License No. R12253 presently assigned to Northampton Sidelines Sports Bar in Northampton which is in Northampton County. The license is under the control of UB Commercial Incorporated a division of Unity Bank and taken under a foreclosure action in Northampton County. Mr. Lieberman continued to say that under City of Bethlehem’s Resolution 2012-114 the application for the transfer was made to the City of Bethlehem on or about July 9, 2013 and confirmed by the City Clerk on July 17, 2013. The payment of the $200 fee was confirmed by the City Clerk. On July 24, 2013 a Certificate of Mailing was provided to the City Clerk verifying that 168 property owners within 500 feet of 534 Main Street were mailed from the Northampton County Tax Records. He said to date only five of those notices have been returned undeliverable. Mr. Lieberman stated that on July 24 the same notice was posted in three highly visible locations on the premise, being the front door facing Main Street and two windows in the Granny McCarthy’s Tea Room windows at either end of the Tea Room facing Walnut Street. A copy of the Application for Inter-Municipal Transfer was left on premise for review for anyone interested. An additional copy of the application was filed with the City Clerk’s Office and at the Offices of Business and Community Financing Solutions at 2314 North First Avenue, Whitehall, PA.

Mr. Lieberman continued on to say that they are now requesting the public hearing to receive comment on the transfer and then request that City Council approve a resolution allowing for the transfer. As background, Neville Gardner, the owner of Donegal Square and Granny McCarthy’s Tea Room, has requested that this transfer be allowed in order to allow the Tea Room to expand into the space previously developed, and approved by the City for additional seating on the second floor and ultimately roof top dining. The conversion to the pub requires a substantial investment in the City of nearly $1 million and includes the installation of a new elevator and the renovations to the roof top to meet all building codes and requirements. Mr. Lieberman pointed out that Mr. Gardner has been active in the community starting Donegal Square in the Sun Inn Courtyard 25 years ago. He purchased the building where he is presently located in 1996 and opened Granny McCarthy’s Tea Room one year later. Working with other members of the Celtic community he started the now 25 year old Celtic Festival that brings tens of thousands of visitors to Bethlehem from around the world. Mr. Lieberman stated that Mr. Gardner is an engineer by trade and education and became a citizen of the United States five years ago. He has been president of the Downtown Business Association on the North Side; he is actively involved in the tourism council for many years and has received numerous awards for his involvement in the City. Mr. Lieberman highlighted the fact that Mr. Gardner is also respected worldwide and has consulted for the Irish Government and the Welsh Government doing trade with North America. His involvement in the community is well known and is an attestation to his “Corporate Citizenship”. The control that he maintains in his business operations and in the Celtic Festival operations shows his concern for community safety and community pride. The members of City Council and the community should feel comfortable that this license will in no way be anything but a positive impact on the Main Street business community and the City as a whole. Mr. Lieberman communicated that the approval of Council is appreciated.

Public Comment

Bill Scheirer, 1890 Eaton Avenue, asked what the closing time will be of the McCarthy’s Irish Pub.

Mr. Lieberman responded that he believes that it will be 11:00 p.m. during the week and a bit later on the weekend.

Mr. Scheirer said he wonders if that can be made a condition of the approval. He then asked if there are any residences that are in a direct line from the rooftop because there are some apartments in the upper stories of some of the buildings on Main Street.

Mr. Lieberman advised that he does not know.

Mr. Scheirer said he thinks this is a cause for concern because people in the upper apartments on Main Street should be able to retire at a reasonable hour. Mr. Scheirer noted that it is an Economic Development License and Mr. Lieberman stated that it is not and that it is an Intermunicipal Transfer License.

Mr. Scheirer then asked the cost of the license. Mr. Lieberman stated that it is not public at this time and that the agreement of sale will be fully executed soon.

Mr. Scheirer remarked that he is not in principle opposed to this but thinks that a few questions should be answered that include the closing hours versus direct sound lines to people who have residences there.

The Public Hearing was adjourned at 5:45 p.m.

2. APPROVAL OF MINUTES

The Minutes of July 16, 2013 were approved.

3. PUBLIC COMMENT

Rezoning 2344 Center Street – I-Institutional to R-RC – Residential Retirement Complex

David Harte, 1177 North Sixth Street, Whitehall, Vice-President of Pennsylvania Venture Capital, said they own two pieces of real estate in close proximity to the property listed on the agenda for the rezoning of 2344 Center Street and is at this meeting to state their concern over this rezoning at this time. He remarked that this would be the rezoning of property from Institutional which does not allow a residential component to Residential Retirement Complex which is the most densely populated residential zoning district in the City of Bethlehem, and said this is without seeing any plans. He said there have been no plans made public for what has been proposed at this time. Mr. Harte added that depending on what is proposed, they may be very much in favor of this but at this time they do not have a way of offering an opinion one way or the other. Mr. Harte also noted that the parcel of land to be rezoned has not yet been created, and there is a legal description calling for a lot and an address of 2344 Center Street, as listed on the agenda. He said that address does not exist and that parcel of land does not front on Center Street. Mr. Harte said as a matter of course the parcel that is to be created does not front on any public street and that is their concern.

Andrew Bohl, of Hanover Engineering, stated he is at this meeting representing the applicant for the rezoning application. He noted that at the July 16 meeting there were a few objectors for the rezoning request and in particular for what was being proposed for this parcel of land to be rezoned. Since then he said his office has provided the City Planning Department two possible sketches of the development of the parcel in question and said he has the copies of those. Mr. Bohl advised that the property in question has been subdivided away from the First Presbyterian Church and it has been resubdivisioned and is a separate lot that would be considered part of Kirkland Village. Mr. Bohl said he would like to talk about some of the pertinent information between the I (Institutional) and the R-RC (Residential Retirement Complex). He said the maximum building coverage for I is 65% when compared to the R-RC it is only 25%. Also, some of the building setbacks for I are less restrictive than going to the R-RC. The front yard setback is 20 feet, the rear is 15 feet, and the side is 10 feet for I, whereas in R-RC all of those setbacks are 50 feet. Mr. Bohl pointed out that this would be going from a zoning that is a bit less restrictive and also the area to be rezoned is bordered on two sides by an R-RC district and would be owned by the parent company of Kirkland Village. The current use of Kirkland Village is Residential Retirement Complex and the proposed improvement would be consistent with that. Mr. Bohl added that he has photographs of Kirkland Village to show how it would be consistent with what is being proposed and said there are no additional off-site improvements that would be required and all access would be from the Kirkland Village property. Also, he said the rezoning of the land would provide a smooth transition from non-residential to residential. Mr. Bohl noted that the Planning Commission recommended the rezoning request at their June 13 meeting and the Planning Bureau supports the rezoning request.

President Evans thanked Mr. Bohl and mentioned that if he has any copies he can deliver those to Council and added that Members of Council may ask any questions they may have when this item is considered later on the agenda.

James Bernardo, 1147 Old Fritztown Road, Reading, remarked that he is the Chief Operating Officer of Presbyterian Senior Living and is at this meeting to answer any questions Council has about this project. He added that the plans for this addition to Kirkland Village is consistent to what they currently do and will be an extension of the same type of product. He said the concept Council has in front of them shows less dense apartments than their larger building that is at Kirkland Village. The owner of this is Presbyterian Senior Living and they developed Kirkland Village in 1993.

Michael Peters, Attorney for Eastburn and Gray, said he is at the meeting on behalf of his client, Greenhouse Development LP, who owns a piece of property at 2349 Linden Street, and Bethlehem Manor Village LC, who owns a piece of property at 1838 Center Street. Attorney Peters noted that the area that is up for rezoning is one of a very limited number of areas within the City of Bethlehem that is zoned Institutional. He then read the purpose of the Institutional District from Bethlehem’s Zoning Ordinance, Section 1303.07 (g), “to provide areas for large educational, medical and health, and public institutions within which facilities to meet their needs may be developed.” Attorney Peters pointed out that the Institutional District for this purpose is therefore one if not the most important and vital zoning district within the City of Bethlehem and it relates directly to the health, safety and welfare of the citizens which is the entire purpose of the Zoning Ordinance to begin with. He commented that despite that fact Council is considering changing the zoning from Institutional- I to R-RC. In 2008 the City issued its most recent Comprehensive Plan and in that Comprehensive Plan it is contemplated that the area will stay Institutional. Attorney Peters noted that the City recently spent years redoing its Zoning Ordinance again and made the determination that this should stay Institutional. He stated that in the Municipalities Planning Code the whole purpose of the Comprehensive Plan is “to include a statement of the objectives of the municipality concerning its future development including but not limited to the location, character and timing of future development as well as a statement of community development objectives…to include a plan for land use which may include provisions for the amount, intensity, character and timing of land use proposed for a various number of uses…a plan for community facilities and utilities including public and private education, recreation, hospitals and the like.” Attorney Peters remarked that undoubtedly when the City issued its Comprehensive Plan in 2008 it considered all of these items in making the decision in keeping this zoned Institutional and now before Council is a proposal to change the zoning to an R-RC zone. He pointed out that more information has now been received which he said he appreciates and would like a copy of but several questions still remain. He wonders if the City considered the traffic impact of the new proposed use, and said the broader picture beyond the fact that it will be an extension there are several issues that remain unaddressed. Attorney Peters stated there are several educational institutions in the City which include Moravian, Lehigh and various public schools, and this property is likely one of the only remaining properties zoned Institutional in the City of Bethlehem that remains vacant. He queried whether the City has considered the impact that this rezoning will have on the ability to develop additional Institutional uses in the future and will the needs for an Institutional use exceed the need for an R-RC use which has been proposed. With regard to the importance of the Institutional district relating directly to education, Attorney Peters asked if the City appropriately considered whether rezoning will be detrimental to the health and safety of the citizens. He said the City already answered all of these questions in its 2008 Comprehensive Plan and the recent rezoning and made the decision to keep the area zoned Institutional. He continued on to say that under the Municipalities Planning Code and Case Law rezoning is to occur generally to the extent that it can be consistent with the Comprehensive Plan and must also be a better rational relationship to a legitimate government purpose. At present there is no apparent evidence that since 2008 and certainly since 2012 the needs of the City of Bethlehem in regards to this zoning district have changed in any way beyond the fact that a specific developer is unable to develop the property as they wish. Attorney Peters stated it is his client’s position that at this point, without further analysis, adoption of this Zoning Amendment would be in violation of the Municipalities Planning Code, the City’s Zoning Ordinance and State law.

Bill Scheirer, 1890 Eaton Avenue, complimented Attorney Peters on the creativity of his arguments. Mr. Scheirer noted that he was a member of the Mayor’s Task Force that considered the Comprehensive Plan and the new Zoning Ordinance and said he can report the issue of rezoning that parcel never came up. There was not a conscious decision to say this must remain Institutional, in fact, it is generally recognized that any Comprehensive Plan and any Zoning Ordinance is not written in stone. Mr. Scheirer added that he has a few amendments he would like to make to it and a few which have been adopted. So the fact that the rezoning has been requested, he commented, is not a mitigation or violation of the Comprehensive Plan or the Zoning Ordinance. Mr. Scheirer stated with that said the proponents of the change seem to have answered more questions than the proponents of the liquor license transfer. He said the use is less intense than many institutional uses would be which would be better for the surrounding residential community assuming that the land would be used and they seem to have taken into consideration a number of questions. He added that certainly the use intended is a worthwhile use for the City. Mr. Scheirer stated that personally he has no objections to this and in fact he supports it.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

5. COMMUNICATIONS

A. Chairman of Community Development Committee – Miscellaneous Zoning Ordinance
Amendments – Sections 1302, 1304, 1305, 1318, 1322, 1325 and 1326

The Clerk read a memorandum dated July 29, 2013 from David T. DiGiacinto, Chairman of the Community Development Committee, stating that the subject proposed Zoning Ordinance Text Amendments, recommended by the Planning Commission at the June 13, 2013 meeting, were reviewed at the Community Development Committee Meeting on Thursday, July 25, 2013. The Committee unanimously recommended that City Council adopt an Ordinance amending Sections 1302, 1304, 1318, 1322, 1325 and 1326. The proposal has been forwarded to the Lehigh Valley Planning Commission and the Public Hearing is scheduled for August 20, 2013 at 7:00 PM in Town Hall.

B. City Solicitor - Use Permit Agreement for Public Property – Greater Lehigh Valley Chamber of
Commerce - Downtown Bethlehem Association – Harvest Festival

The Clerk read a memorandum dated August 1, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and associated Use Permit Agreement between the Greater Lehigh Valley Chamber of Commerce – Downtown Bethlehem Association and the City for use of Main Street between Broad Street and Church Street for the Harvest Festival to be held on October 12, 2013, according to the Agreement.

President Evans stated the Resolution will be placed on the August 20 Agenda.

C. City Solicitor - Use Permit Agreement for Public Property – Greater Lehigh Valley Chamber of Commerce - Downtown Bethlehem Association – 2013 Bethlehem VegFest

The Clerk read a memorandum dated August 1, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and associated Use Permit Agreement between the Greater Lehigh Valley Chamber of Commerce – Downtown Bethlehem Association and the City for use of the Bethlehem Greenway between Adams Street and Taylor Street for the 2013 Bethlehem VegFest to be held on September 7, according to the Agreement.

President Evans stated the Resolution will be placed on the August 20 Agenda.

D. City Solicitor - Use Permit Agreement for Public Property – Richard Scott Kelley and Has Anyone
Seen My Balloon?, Inc. – Hot Air Balloon Take-Off

The Clerk read a memorandum dated August 1, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and associated Use Permit Agreement between Richard Scott Kelley and Has Anyone Seen My Balloon?, Inc. and the City for use of Yellis Park, Monocacy Park Complex Athletic Fields, Saucon Park Complex Athletic Fields, Clearview Complex and the area behind the Municipal Ice Rink for Hot Air Balloon Take Off for the time period June 1, 2013 to May 31, 2014, according to the Agreement.

President Evans stated the Resolution will be placed on the August 20 Agenda.

President Evans then asked the Clerk to read additional Communication 5 E.

E. Mayor – Chief of Police Appointment

The Clerk read a memorandum dated August 5, 2013 from Mayor John B. Callahan appointing Craig, S. Finnerty, 3519 Penfield Way, Nazareth, PA 18064, as Chief of Police, effective as of August 24, 2013.

President Evans stated the Resolution will be listed on the August 20 Agenda.

6. REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Alfonsas A. Bernotas, Jr. – Sister City Commission

The Mayor appointed Alfonsas A. Bernotas, Jr. to membership on the Sister City Commission effective through October 2013. Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-133 to confirm the appointment.

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

2. Administrative Order – Genevieve Marcon – Board of Historical and Architectural Review

The Mayor appointed Genevieve Marcon to membership on the Board of Historical and Architectural Review effective through March 2014. Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-134 to confirm the appointment.

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

3. Administrative Order – A. Flexer Illick – Electricians’ Examining Board

The Mayor reappointed Arthur Flexer Illick to membership on the Electricians’ Examining Board effective through July 2015. Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-135 to confirm the appointment.

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

C. Community Development Committee

David T. DiGiacinto, Chairman of the Community Development Committee, gave an oral report of the Committee’s meeting held on Thursday, July 25, 2013 at 4:30 PM in Town Hall. The Committee considered the following: Miscellaneous Zoning Amendments – Sections 1302, 1304, 1305, 1318, 1322, 1325 and 1326. The Committee unanimously recommended that City Council adopt an Ordinance for the proposed Miscellaneous Zoning Amendments and the proposal has been forwarded to the Lehigh Valley Planning Commission. The Public Hearing is scheduled for August 20, 2013 at 7:00 PM in Town Hall.

7. ORDINANCES FOR FINAL READING

A. Bill No. 19 – 2013 – Establishing Article 1732 – Abandoned Real Property

The Clerk read Bill No. 19 – 2013 – Establishing Article 1732 – Abandoned Real Property, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. Bill No. 19 – 2013, now known as Ordinance 2013-19, was passed on Final Reading.

8. NEW ORDINANCES

A. Bill No. 20 – 2013 – Rezoning 2344 Center Street – I-Institutional to R-RC – Residential Retirement Complex

The Clerk read Bill No. 20 - 2013, sponsored by Mr. Recchiuti and Mr. Reynolds, and titled:

AN ORDINANCE AMENDING PART 13 OF THE CODIFIED ORDINANCES OF THE CITY OF BETHLEHEM, PENNSYLVANIA,
AS AMENDED, KNOWN AS THE ZONING ORDINANCE OF THE
CITY OF BETHLEHEM, PENNSYLVANIA, BY AMENDING THE
CITY ZONING MAP.

Councilwoman Dolan, in looking at the Zoning Map showing the existing Kirkland Village and the parcel to the east to be rezoned as R-RC, asked what the history is of that and why wouldn’t that entire parcel have originally been rezoned and why would that little leg of the parcel to the east of the area to be rezoned be zoned R-RC which goes along with the question of does this parcel have frontage on any road.

Mr. Bohl responded that when Kirkland Village was purchased from First Presbyterian Church of Bethlehem it was shaped like a “P” or an upside-down nine, so the parcel acquired by Presbyterian Homes is that 4.77 acres that was Institutional and since they are going to acquire that land they would like to convert that to R-RC.

Ms. Dolan asked if First Presbyterian Church was holding on to that piece possibly for its own use or First Presbyterian Homes just did not see at that point the need to expand. Mr. Bohl said that is his belief, that was 20 years ago when Kirkland Village or First Presbyterian Senior Living purchased the parcels that houses Kirkland Village now.

Ms. Dolan asked if the parcel to be rezoned and the existing line of the “P” or upside-down nine fronts up against the rather large homes that are on Center Street but without access to Center Street and that the egress and access are through Dewberry Avenue to this parcel. Mr. Bohl responded it is Madison Avenue. Ms. Dolan then asked if that won’t change. Mr. Bohl said correct, the only thing proposed is to rezone that parcel, there is no intent to extend the road on the north side or on Langhorne.

Ms. Dolan asked how many residents would live in these buildings on this land. Mr. Bohl said right now it would be approximately 72 units but does not know if that is double occupancy or not. Ms. Dolan said it could be approximately 105 people who would live there.

Councilwoman Dolan questioned what percentage of this population would keep a car or otherwise motorized vehicle on this lot.

James Bernardo responded that his experience with this type of community is when residents typically move in they would most times maintain a vehicle, and it being a matter of time residents don’t drive because transportation services are provided. He said 60% of the current residents who live at Kirkland Village in independent living have cars at this point of time. It is not by any means a one-to-one.

Ms. Dolan commented that the layout seems different, more flow in this than the other Kirkland Village buildings she has been in, and asked if a different population is being targeted. Mr. Bohl responded that is just a sketch plan to depict what would be one of the options that could be built there, that it is not written in stone. Ms. Dolan asked if a different population is being targeted or is this just an extension of the existing facilities. Mr. Bernardo said the target population has changed since 1993 when they first developed Kirkland Village. These units are designed in such a way if they do in fact develop these to provide more windows per unit, parking will be immediately underneath them, people would go up an elevator into their unit in a central core. He said the population has clearly changed and the experience at Kirkland at this point in time with residents who move in many of the smaller units are converted to larger units. It is reflecting the tastes of the current market.

Ms. Dolan asked if this has been looked at by our Fire Inspectors since it is a pretty deep parcel and is wondering about response time, etc., since there is no other access or egress. Mr. Bernardo said it would be similar to what is there today, it is just a minor increase in length, and the first responders would still have the same amount, possibly 20 seconds longer. Ms. Dolan questioned the way Kirkland Village is designed and asked if it does not block access to this parcel to any significant degree. Mr. Bernardo said Kirkland Village has an outer perimeter driveway so this would be tied into there, but on the north and south side, and it would be continuous. Ms. Dolan asked if there would be an outer perimeter driveway continued around this parcel. Mr. Bohl said no it would be between the six buildings that are shown on the plan.

Ms. Dolan commented she cannot imagine anything else being there and it makes total sense. She said the First Presbyterian Church with the development of Kirkland is landlocked. The only Institutional development that would make sense would be something that First Presbyterian Church would want to do, but if First Presbyterian is selling it to its connection to its neighbor as part of its mission it makes complete sense that it would be absolutely right to be rezoned. She said she sees no problem. Councilwoman Dolan said she is a neighbor within short walking distance to Kirkland Village and is very happy to see it expand.

Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, and Mr. Evans, 7. Bill No. 20 – 2013 was passed on First Reading.

9. RESOLUTIONS.

Motion – Considering Resolutions 9 A through 9 F as a Group – Certificates of Appropriateness

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

A. Certificate of Appropriateness – 38 East Wall Street

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution No. 2013-136 that granted a Certificate of Appropriateness to replace roofs and siding on the main roof and repair the dormer at 38 East Wall Street.

B. Certificate of Appropriateness – 55-61 West Lehigh Street

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution No. 2013-137 that granted a Certificate of Appropriateness to replace existing sign with new sign at 55-61 West Lehigh Street.

C. Certificate of Appropriateness – 528 North New Street

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution No. 2013-138 that granted a Certificate of Appropriateness to install a trash container screen with gate and clean the outside air grills below windows at 528 North New Street.

D. Certificate of Appropriateness – 33 East Wall Street

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution No. 2013-139 that granted a Certificate of Appropriateness to replace damaged fencing at 33 East Wall Street.

E. Certificate of Appropriateness – 226 East Third Street
Mr. DiGiacinto and Mrs. Belinski sponsored Resolution No. 2013-140 that granted a Certificate of Appropriateness to install illuminated signs and to also install an awning/roof over the rear exit at 226 East Third Street.

F. Certificate of Appropriateness – 306 Brodhead Avenue

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution No. 2013-141 that granted a Certificate of Appropriateness to replace the existing light box lens and install window signs at 306 Brodhead Avenue.

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

Adding Resolution 9 G

President Evans accepted a motion from Mr. DiGiacinto, seconded by Mr. Donchez, to add Resolution 9 G to the Agenda. Voting AYE: Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, and Mr. Evans, 7. The Motion passed.

G. Authorizing Intermunicipal Retail Restaurant Liquor License Transfer – McCarthy’s Irish Pub, Inc. – 534 Main Street

Mr. Recchiuti and Mr. Reynolds sponsored Resolution 2013-142 that approved Intermunicipal Transfer of Retail Restaurant Liquor License Number R-12253 owned by Northampton Sidelines Sports Bar and Grill, LLC, formerly licensed to conduct business at 854 Washington Avenue, Northampton, Northampton County, Pennsylvania to McCarthy’s Irish Pub, Inc., 534 Main Street, Bethlehem, Northampton County, Pennsylvania.

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

10. NEW BUSINESS.

Mr. Reynolds, Chairman of the Finance Committee, announced a Finance Committee Meeting has been scheduled on Tuesday, August 20, 2013 at 6:00 PM in Town Hall on the following subjects: Transfer of Funds, Budget Adjustments, and CDBG/HOME Program Allocations.

11. PUBLIC COMMENT

Miscellaneous Zoning Text Amendments Ordinance

Stephen Antalics, 737 Ridge Street, referring to Communication 5A – Miscellaneous Zoning Ordinance – Amendments, stated that is precisely what they are, miscellaneous or fine tuning. He said there is a Zoning Ordinance amendment that is being ignored that he has been proposing for a while to revise what would improve safety and well being on the south side. Mr. Antalics remarked that he is talking about the definition of family. The Zoning Ordinance of September 1970 defines family as one or more individuals living in a single house and the key word is more, so what is more. Mr. Antalics remarked that irresponsible landlords use that definition to load up homes on the south side for students creating a health hazard. The Zoning Ordinance was amended in 2012 and redefined families as people related by blood or five unrelated which would solve the student problem of landlords overloading. He said this created a second problem, irresponsible landlords start to rent to undesirable individuals who are coming into the City as transients and they prey on the students. Mr. Antalics continued to say that one of the local papers felt the need to have an op-ed on this very issue. He suggested having a student definition which other communities have. He said this should be redefined as related by blood or two unrelated which would dramatically cut down for these undesirable transients. He noted that a woman was held captive in her own home in the middle of a student district by a non-resident person coming in and out of the City. Mr. Antalics said he was told that if this is put into effect, how can it be enforced. He stated that he has spoken to students and they said that if they saw within a student zone individuals living in excess of two they would immediately report it to the proper authorities. Mr. Antalics commented that he is at a total loss why this is not being pursued because it is needed to improve the quality of life by improving the safety on the south side. He reported that the Police records give an address and the address shows that these homes are being lived in by non-residents who are non-students.

Garbage on Porches

Angela Mitchell, 430 Cherokee Street, stated that she purchased her home on May 4, 2012 and she is at this meeting because of her concern about garbage being placed on porches. She said her next door neighbor decided to put her two cans of garbage on the porch with no lids. Ms. Mitchell, after speaking to her neighbor on June 21, said she notified the Bethlehem Health Bureau on June 28, July 16, and July 24. She was told by the Health Bureau that the only thing they could do was enforce that she puts lids on her garbage cans. Ms. Mitchell reported that she went to the Health Bureau on August 12 and spoke to Jessica Lucas, Supervisor, and Scott Sterner, Health Technician, and they reiterated the same thing. She said there is an ordinance about garbage being placed on the front of your property and asked why is it allowed that garbage can be put on porches. Ms. Mitchell said she sees this as a health issue because of the maggots and the rodents. She said she has seen rodents on Seminole Street, Bradley Street, and by the McDonalds, and has smelled the skunk that comes by her window every night. Ms. Mitchell asked why it is okay for her neighbor to put open cans of garbage on her front porch so when she opens her front door she runs into one of the unfriendly animals. She also said she has to smell the neighbor’s garbage when she sits on her front porch and that another neighbor has started doing the same thing. Ms. Mitchell commented that she plans on living in Bethlehem for a long time and would like to know what can be done about this problem.

Rail Passenger Transportation

Kirk Raup, 818 W. Union Boulevard, stated that he wanted to revisit what he explained at the last meeting and that Allentown has broken the ice on the issue of rail passenger transportation in the Lehigh Valley in that they adopted a basic Resolution and will pursue some money on their level which they will have to seek. He said he is not sure what is there but they took the first step. Mr. Raup said he feels that things have a chance to come together now and that is part of the reason he wanted to address Bethlehem Council tonight again. He reported that in about three weeks Easton’s Mayor Sal Panto will introduce the Resolution that was distributed to Bethlehem City Council previously and feels that this is a very significant first step. Mr. Raup noted that the entire process to launch this as he understands it is that Allentown, Easton and Bethlehem would each pass a Resolution stating their intent to help create a rail transit authority for the Lehigh Valley, and then beyond that to pass another Resolution or Ordinance to actually form the authority. Mr. Raup said he realizes that he will have to go to the FTA, HUD, PennDot and other organizations and that he will have to take many steps towards this. He said there are Federal laws and there is not much that can be done about that. He wanted to ask again if he could talk to the appropriate committee to discuss exactly what he is looking for and when this can be introduced in Bethlehem. Mr. Raup noted that the Lehigh Valley is the largest market in Pennsylvania that does not have rail service. He said he would think during Musikfest visitors could come in by train from outlying communities which would cut down on the traffic. He said he thinks this is way overdue and the City needs to get serious about beginning this process because it will take at least 10 to 12 years to go through the many steps that are needed to be taken.

Musikfest; Congratulations & Thank You

Mary Pongracz, 321 West Fourth Street, pointed out that two of this evening’s speakers are former students of hers so that when she is not here anymore there will always be people she taught who will know enough to get up and speak out. She stated that she is one of the 24 survivors of the 30 years of Musikfest and said she thinks it is a testament to the City of Bethlehem of what it has become. She said when it started it was like a block party and now looking at the north and south sides she thinks the City should be proud of the fact that the citizens can work together to produce something that is unique. Ms. Pongracz commented that she doubts that you would find any festival in this country that will equal the diversity of programming and the diversity of participants that is found at Musikfest. She congratulated both the retiring Police Chief Jason Schiffer because she thinks he has done a good job and also the incoming Police Chief Craig Finnerty. She also thanked the citizens who serve on Council, although she said it has become a bit contentious over the year but basically thinks all on Council really care about the City of Bethlehem. Ms. Pongracz said they may have different views but it is a credit that they are willing to give the time and energy to be part of a City Council and an Administration that cares about the people of Bethlehem.

Liquor License Transfer – McCarthy’s Irish Pub

Jim Schantz, 232 E. Union Boulevard, stating that he works at State Senator Lisa Boscola’s office, said he would like to thank Council for their consideration on behalf of Mr. Gardner and Mr. Lieberman for putting the Resolution on the agenda this evening. Mr. Schantz noted that he will be assisting Mr. Lieberman and Mr. Gardner with the transfer of the liquor license through his office. He said it gives them a bit of an extra boost to hopefully have him added as a community member and a licensee for the upcoming fall season and maybe in time for Celtic Classic.

The meeting was adjourned at 6:35 p.m.