Bethlehem Council MInutes

10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, September 3, 2013 – 7:00 PM

INVOCATION

None.

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, President Evans called to order a Public Hearing to consider revisions to the 2008, 2011 and 2013 Community Development Block Grant (CDBG) Programs and the 2013 Home Investment Partnership (HOME) Programs. The purpose for the revisions is to reprogram funds from prior year programs and revise specific project budgets.

Irene Woodward, Housing and Community Development Planner, stated that the changes recognize that the City received its allocation from HUD for fiscal year 2013, and these are adjustments to the program for this year. The City did receive an increase of $326,874 that was more than budgeted and the total allocation is $1.282 million. A slight increase in funding of $91,751 was received in the HOME program. With the increase in CDBG funding that the City received, some adjustments were made including reprogramming a couple of old accounts, and adjusting for public services. Planning and Administration were adjusted, and the Community Police and Program Administration accounts were increased. Ms. Woodward continued on to say that new programs were added for Curb Ramps, Street Lights, and Eastern Gateway Streetscape Improvements. For the HOME program, adjustments were made to increase funding for Housing Development Corporation (HDC) and Victory House of the Lehigh Valley to do some improvements. Ms. Woodward informed the assembly that the changes were reviewed at the Finance Committee meeting of August 20, 2013 as well.

Ms. Dolan asked if Ms. Woodward could give Council and those present an idea of the locations of the Curb Ramps and Streetlight improvements.

Ms. Woodward noted that the Curb Ramps would be in conjunction with the Street Overlays that are planned for 2013 and most of them are in South Bethlehem. The Department is finalizing where those streets will be because the curb ramps will coincide with that project.

Mr. Reynolds, turning to the Community Police line item, asked what that funding pays for.

Ms. Woodard stated that it goes towards the Community Police Officers’ salaries, and is reimbursed to the General Fund.

Public Comment

There was no Public Comment on the matter of the Public Hearing.

President Evans stated that Ordinance 8 D is listed on the Agenda for First Reading.

The Public Hearing was adjourned at 7:06 p.m.

2. APPROVAL OF MINUTES

The Minutes of August 20, 2013 were approved.

3. PUBLIC COMMENT

Authorizing Intervention – Bethlehem Hospital Land Development – 1838 Center Street

Greg Zebrowski, 23 Dewberry Avenue, noted that he is at the Meeting to speak in support of the intervention of Council, as proposed in Resolution 9 B, to join with the citizens’ Attorney Steven Goudsouzian in the hearing before the Planning Commission on the Bethlehem Hospital Land Development plans. While commenting that Blake Marles is a good attorney and will speak in a divergent point of view on this matter, Mr. Zebrowski stated it is important and he hopes that Council will vote in the affirmative. Mr. Zebrowski appreciated Council’s consideration in this matter and added that Council’s Attorney Christopher Spadoni along with Attorney Goudsouzian represent the neighborhood in Dewberry Avenue. Mr. Zebrowski pointed out they have been dealing with multiple proposals from a developer who has an interesting business model. Mr. Zebrowski thought the important statement to be made is a common statement that Council has made one time or another that they take seriously upholding the quality and integrity of neighborhoods in Bethlehem. Mr. Zebrowski stated that the present Mayor and previous Mayors have said that over and over again and that is what this is coming down to. Mr. Zebrowski, noting there have been proposals by Mr. Abraham Atiyeh and his interest is in money which is fine, explained the neighborhood group does not oppose development of any kind. They just feel there is an appropriate development in a residential neighborhood that could interact positively with the neighborhood that is surrounded by schools, playgrounds, and so forth. Mr. Zebrowski continued on to say he does not want to belabor the point but the vote from Council to allow Attorney Spadoni to continue his positive impact with the citizens’ attorney in the neighborhood has been a sign that Council does care about the quality and integrity of development in Bethlehem. Mr. Zebrowski, affirming he has been a lifelong citizen of Bethlehem, noted he was a former public official, and he remembers Mayor Paul Marcincin saying many years ago that what distinguished Bethlehem from other cities is the genuine unique character of its neighborhoods. Mr. Zebrowski remarked that once the City loses that character and that uniqueness Bethlehem will lose what it offers to the Lehigh Valley and that is a City that honors its citizens, respects its heritage, and looks forward to maintaining that in the future.

Certificate of Appropriateness – 443 High Street

John Guranich, 441 High Street, advised he is at the Meeting to oppose Resolution 9 J that is a Certificate of Appropriateness to repaint the rear section of 443 High Street to the color black. Mr. Guranich noted the Historic and Architectural Review Board (HARB) has approved the change of color at the rear of 443 High Street that shares a common rear wall with 441 High Street and that is his half. He explained that the proposed black paint alongside a Victorian tan multicolor will result in a vivid stark contrast and not in keeping with HARB guidelines. To divide joining houses is inappropriate for aesthetic reasons, harmony, and commonality that are necessary in Historic Bethlehem. Mr. Guranich, mentioning there are many speakers who approach Council, expressed that the common theme seems to be the harmony that people are trying to attain in the community. Mr. Guranich, reading from the HARB minutes about the application made at the prior HARB meeting, noted it states that the proposal was to repaint the rear sheds of the house. Mr. Guranich said this is a misleading statement in that it is a utility room with a shed roof which is original to the home. All five homes in the row have a common rear building that was built when the homes were built; they are not an addition or miscellaneous sheds. Mr. Guranich informed the Members that the painting of the house is suggested to match the existing color, Benjamin Moore Black, but unfortunately the existing house is painted not black but a tan putty color. He does not know where the existing color black came from. Mr. Guranich made further reference to the HARB minutes under Evaluation, Effect on Historic District, and Recommendations, and noted the HARB generally recommends that exterior components of a building be painted to match its neighbors. He pointed out there was no discussion of matching neighbors. Mr. Guranich advised that his home is adjoining and that the two butt together so one side would be black and one side would be tan. Mr. Guranich observed that listed on page 25 of the older Historic Bethlehem guidelines that he understands has been replaced with a more current version it states that Victorian houses are often painted in multiple color schemes and a third color as an accent. He said that presently the rear of both buildings at 441 and 443 High Street are in accord with Victorian paint schemes. Mr. Guranich gave to City Council seven copies of the HARB minutes and a color photograph of the adjoining property at the rear of High Street. Mr. Guranich informed the Members that 443 High Street has been partially colored black in the photograph only for illustration purposes to show the stark contrast that will result with 441 High Street that is his home and is tan. Mr. Guranich communicated it would be preferable to choose a new color scheme in keeping with what is there and what has been there for many years. Mr. Guranich asked Fred Bonsall, Chairman of the HARB, to speak about this matter and added that he and Fred Bonsall were neighbors when the color scheme was adopted.

Authorizing Intervention – Bethlehem Hospital Land Development – 1838 Center Street

Attorney Blake Marles, with the law firm Stevens and Lee, 190 Brodhead Road, stated he is at the Meeting to speak about the proposed Resolution 9 B that relates to opposing the Bethlehem Hospital land development plan for 1838 Center Street. Attorney Marles said he is perplexed by this in that Council has spent several years and a considerable amount of money and effort in reviewing its Comprehensive Plan and Zoning Ordinance, and putting a new Zoning Ordinance in place. Attorney Marles expressed that he recognizes Mr. Zebrowski’s plea to Council to look at this as a residential area but stated the fact of the matter is that the Zoning Ordinance does not permit residences here, it permits hospitals. Attorney Marles noted if Council has a particular concern about the proposal he is sure that his client will be quite willing to hear it, but the Resolution simply says that Council is authorizing their Solicitor to do anything deemed necessary to oppose the Bethlehem Hospital land development. Attorney Marles informed the Members that this is a permitted use, it is not even a special exception or a conditional use. Attorney Marles observed if Council were to adopt the Resolution as it is written in essence they would be asking their Solicitor to oppose what they just put in place within the last year as a permitted use. Attorney Marles commented that he respectfully requests Council to consider this carefully before they act.

Certificate of Appropriateness – 443 High Street

Fred Bonsall, 437 High Street, affirmed he is the Chairman of the HARB and wanted to address the appeal by Mr. Guranich. Mr. Bonsall stated that since he has been on the HARB for quite a number of years anytime there was a dual structure of a home where there was one side and another side the Board always tried to get the two owners to agree to a color scheme so that there would not be the split paint color down the center. Mr. Bonsall, commenting that this was not probably taken into consideration at the last HARB meeting, noted that is how the HARB has operated all along. Mr. Bonsall, affirming he does understand Mr. Guranich’s plea, said the illustration that Mr. Guranich handed out shows what the result would be.

Certificate of Appropriateness – 443 High Street; Authorizing Intervention – Bethlehem Hospital Land Development – 1838 Center Street; Amending Zoning Ordinance Article 1321 – Landmarks and Historic Resources

Bill Scheirer, 1890 Eaton Avenue, stated that he wanted to second the remarks of Mr. Guranich and Mr. Bonsall, and second the remarks of Mr. Zebrowski as well. He pointed out it is important to maintain the quality of our neighborhoods and if this is not done the City is turned into a facility and not a place for people to live. Mr. Scheirer, addressing Bill No. 21 – 2013 – Amending Zoning Ordinance Article 1321 – Landmarks and Historic Resources, noted he supports it. Mr. Scheirer said it strikes him that there is a loophole in the Ordinance that a lawyer may discover some day where it says a landmark can be demolished if the applicant can demonstrate that no other viable alternative for reuse of the building exists. Mr. Scheirer asked what if the building is being used but there is no other possible reuse. Mr. Scheirer thought there is a loophole that a developer one day could squeeze through. Mr. Scheirer said a remedy suggested by a lawyer is to state the words use or reuse.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

5. COMMUNICATIONS

A. Director of Planning and Zoning – Zoning Ordinance Fee Schedule – Resolution

The Clerk read a memorandum dated August 26, 2013 from Darlene Heller, Director of Planning and Zoning, to which was attached a proposed Resolution for the Zoning Ordinance fee schedule that includes fees for Zoning Ordinance text amendments and map amendments to be adopted in conjunction with the Miscellaneous Zoning Ordinance Amendments.

President Evans stated that the Resolution will be listed on the September 17 Agenda.

B. City Solicitor – Use Permit Agreement for Public Property - Incarnation of Our Lord Church – Fall
Festival

The Clerk read a memorandum dated August 29, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and associated Use Permit Agreement between the City of Bethlehem and the Incarnation of Our Lord Parish for use of Laufer Street between Pierce Street and Buchanan Street for their Fall Festival on September 21, 2013.

President Evans stated that the Resolution will be listed on the September 17 Agenda.

C. City Solicitor – Highway Safety Program Grant - Resolution

The Clerk read a memorandum dated August 29, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and associated Highway Safety Project Grant Contract to provide funds through September 30, 2014 for DUI program sobriety checkpoints and expanded DUI enforcement operations. In addition, a memorandum dated September 3, 2013 from City Solicitor Spirk advised that PennDot forwarded revised contract pages to include the contract ending date of September 30, 2014 and these revised pages should be substituted for the initially provided pages.

President Evans stated that the Resolution will be listed on the September 17 Agenda.

D. Request for Public Hearing – Proposed Southside Bethlehem Community Benefit District

The Clerk read a letter dated August 26, 2013 from Donna G. Taggart, Southside Bethlehem CBD Steering Committee Consultant, informing Council of the results of the actions taken by the South Bethlehem CBD Steering Committee to form a Community Benefit District (CBD) in South Bethlehem, and to formally request that Council schedule a public hearing to consider the plan for the formation of the CBD.

President Evans affirmed that City Council is familiar with the proposed new plan, and noted the proposal involves advertising a public hearing and various timelines. President Evans stated he will be communicating with Members of Council for consensus on when to schedule a public hearing in view of upcoming agenda items and Budget Hearings.

E. City Solicitor – Amending Article 151 – Firemen’s Pension Fund

The Clerk read a memorandum dated August 30, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Ordinance to amend Article 151 of the Codified Ordinances entitled Firemen’s Pension Fund.

President Evans stated that the Ordinance will be listed for First Reading on the September 17 Agenda.

F. City Solicitor – Amending Article 153 – Police Pension Fund

The Clerk read a memorandum dated August 30, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Ordinance to amend Article 153 of the Codified Ordinances entitled Police Pension Fund.

President Evans stated that the Ordinance will be listed for First Reading on the September 17 Agenda.

6. REPORTS

A. President of Council

None.

B. Mayor

Dennis Reichard, Business Administrator, noted there is no report from Mayor Callahan.

7. ORDINANCES FOR FINAL READING

None.

8. NEW ORDINANCES

A. Bill No. 21 – 2013 – Amending Zoning Ordinance Article 1321 – Landmarks and Historic
Resources, Section 1321.07 (c) (1), (2), (3)

The Clerk read Bill No. 21 – 2013 – Amending Zoning Ordinance Article 1321 – Landmarks and Historic Resources, Section 1321.07 (c) (1), (2), (3), sponsored by Mr. Donchez and Mr. DiGiacinto, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA,
AMENDING ARTICLE 1321, LANDMARKS
AND HISTORIC RESOURCES, OF THE CITY
OF BETHLEHEM ZONING ORDINANCE

Ms. Dolan, in reference to Public Comment earlier by Bill Scheirer, asked if a building is in use can a demolition permit be issued, or does a building have to be not in use for a demolition permit to be issued. Darlene Heller, Planning and Zoning Director, noting the Ordinance does not clarify that, communicated she does not think it is required that a building be vacant. She continued on to say if all the other criteria are met and the Review Board and City Council would agree then a demolition permit could be approved. Ms. Dolan, indicating she thinks it is something that should be looked at, wondered whether a change to add a slash between the words re and use to read re/use would require the Ordinance to go back to the Lehigh Valley Planning Commission, Planning Commission, etc. Ms. Heller replied yes the Ordinance would have to be resubmitted and the process would have to start over. Ms. Dolan suggested that the Law Bureau could review the matter if it is an issue of a loophole. Ms. Heller highlighted the fact that City Council has to review the recommendation of the Historical Review Board, and Council makes a decision on approving it. Ms. Dolan, observing that if the Ordinance only pertains to reuses as a reason for demolition it would be the understanding that there is not a use, said it is a legal question she would like clarified. Ms. Heller replied that the matter can be reviewed. Chairman DiGiacinto, affirming the assumption that the Ordinance will still be voted on tonight for First Reading, noted there will be a Community Development Committee meeting on October 9 if there is the thought to look at the Ordinance again. Ms. Dolan restated that a legal opinion can be obtained.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 21 – 2013 was passed on First Reading.

B. Bill No. 22 – 2013 – Amending Zoning Ordinance Articles 1302, 1304, 1305, 1318, 1322, 1325, and
1326 – Kennels, Retirement Complexes, Temporary Commercial Uses, Etc.

The Clerk read Bill No. 22 – 2013 - Amending Zoning Ordinance Articles 1302, 1304, 1305, 1318, 1322, 1325, and 1326 – Kennels, Retirement Complexes, Temporary Commercial Uses, Etc., sponsored by Mr. Donchez and Mr. DiGiacinto, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA,
AMENDING THE ZONING ORDINANCE IN
SECTIONS 1302, 1304, 1305, 1318, 1322, 1325 and 1326
Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 22 – 2013 was passed on First Reading.

C. Bill No. 23 – 2013 – Amending General Fund Budget – Health Bureau, Police, Fire and EMS

The Clerk read Bill No. 23 – 2013 - Amending General Fund Budget – Health Bureau, Police, Fire and EMS, sponsored by Mr. Donchez and Mr. Recchiuti, and titled:

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

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 23 – 2013 was passed on First Reading.

D. Bill No. 24 – 2013 – Amending Community Development Fund Budget – CDBG and HOME Programs
– Allocation Adjustments

The Clerk read Bill No. 24 – 2013 - Amending Community Development Fund Budget – CDBG and HOME Programs – Allocation Adjustments, sponsored by Mr. Donchez and Mr. Recchiuti, and titled:

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

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 24 – 2013 was passed on First Reading.

E. Bill No. 25 – 2013 – General Obligation Note - $1,765,000

The Clerk read Bill No. 25 – 2013 – General Obligation Note - $1,765,000, sponsored by
Mr. Recchiuti and Mr. DiGiacinto, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM, NORTHAMPTON AND LEHIGH COUNTIES, PENNSYLVANIA, AUTHORIZING THE ISSUANCE OF ITS FEDERALLY TAXABLE GENERAL OBLIGATION NOTE, SERIES C OF 2013 (“SERIES C NOTE”) IN THE PRINCIPAL AMOUNT OF $1,765,000 PURSUANT TO THE RULES AND REGULATIONS OF THE LOCAL GOVERNMENT UNIT DEBT ACT (THE “ACT”); THE PROCEEDS OF THE SERIES C NOTE SHALL BE ISSUED FOR THE PURPOSE OF REFUNDING A PORTION OF THE DEBT OF THE BETHLEHEM AUTHORITY GUARANTEED WATER REVENUE BONDS SERIES OF 2004 (“2004 Bond”); DETERMINING THAT THE SERIES C NOTE SHALL BE SOLD AT PRIVATE SALE; DETERMINING THAT THE DEBT, AS EVIDENCED BY THE SERIES C NOTE, SHALL BE NONELECTORAL DEBT; FIXING THE FORM, NUMBER, DATE, INTEREST RATES, INTEREST AND PRINCIPAL PAYMENT DATES AND FINAL MATURITY THEREOF, TOGETHER WITH PREPAYMENT PRIVILEGES; ACCEPTING A PROPOSAL FOR THE PURCHASE OF THE SERIES C NOTE; MAKING COVENANT FOR THE PAYMENT OF THE DEBT SERVICE ON THE SERIES C NOTE; PROVIDING FOR THE FILING OF THE REQUIRED DOCUMENTS; DESIGNATING A PAYING AGENT FOR THE SERIES C NOTE; SETTING FORTH THE METHOD AND PLACE OF PAYMENT OF THE SERIES C NOTE; ESTABLISHING A SINKING FUND; PROVIDING FOR THE APPOINTMENT OF A SINKING FUND DEPOSITORY FOR THE SERIES C NOTE; AND AUTHORIZING THE EXECUTION, SALE AND DELIVERY THEREOF; AUTHORIZING APPROPRIATE OFFICERS TO FILE UNDER SECTION 8110 OF THE LOCAL GOVERNMENT UNIT DEBT ACT WITH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, INCLUDING PROCEEDINGS UNDER SECTION 8024 OR 8026 OF THE ACT; PLEDGING THE CITY’S FULL FAITH, CREDIT AND TAXING POWER; AUTHORING RESTRUCTURING OF THE 2010A NOTE; AUTHORIZING PAYMENT FOR PURPOSES OF CURRENTLY REFUNDING A PORTION OF THE MATURING 2004 BOND; PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.

Mr. DiGiacinto, noting the matter will be reviewed at the Finance Committee meeting on September 11, confirmed that in anticipation of First Reading this evening he had asked the Business Administrator’s office to obtain data about the proposal. Mr. DiGiacinto affirmed that Daryl Peck, of Concord Public Finance, did forward the information he requested. Mr. DiGiacinto, pointing out it is a short term bank note, affirmed it is a budgeted item as was discussed at last year’s Budget Hearings. Mr. DiGiacinto, advising he will support the Bill, stated that based on the three scenarios provided by Mr. Peck and in conjunction with the Administration he will support the fixed rate versus the variable rate with cap and the variable rate without a cap.

Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. Bill No. 25 – 2013 was passed on First Reading.

9. RESOLUTIONS.

A. Transfer of Funds – Police Department – Overtime

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-153 that transferred $23,910 in the General Fund Budget from the Unforeseen Contingency Account to the Police – General Overtime Account due to the number of officers out or on restricted duty from Worker’s Compensation claims and overtime due to the number of retirements this year.

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

B. Authorizing Intervention – Bethlehem Hospital Land Development – 1838 Center Street

Mr. Donchez and Mr. DiGiacinto sponsored Resolution 2013-154 that authorized Council Solicitor Christopher T. Spadoni, Esq. to enter his appearance for Bethlehem City Council, to intervene, and to present any and all testimony, filings, and/or documents as deemed necessary by City Council Solicitor Christopher T. Spadoni, Esq., to oppose the Bethlehem Hospital Land Development Plan for 1838 Center Street, Bethlehem, Northampton County, PA, as pending before the City of Bethlehem Planning Commission.

President Evans noted that, as stated by Attorney Marles under Public Comment, the property is zoned Institutional that allows for hospitals. President Evans pointed out the problem is with the application that is seen as incomplete in that there are a number of questions unanswered. President Evans thought it might be appropriate to reword the Resolution, and offered an amendment. President Evans suggested that in the second last line the word oppose be changed to ensure, and that a phrase be added at the end to read as follows: to ensure the Bethlehem Hospital Land Development Plan for 1838 Center Street, Bethlehem, Northampton County, PA, as pending before the City of Bethlehem Planning Commission, is a complete plan and that it meets all requirements set forth by the City of Bethlehem. President Evans, commenting it is known what was proposed at the site before, observed he drove past the site tonight on his way to this Meeting and saw a sign that states hospital and a sign on the same property that says treatment center that is not allowed under the current zoning ordinance. President Evans thought the main focus is to make sure this plan is truthful, is in good faith, and the questions are answered since some questions asked by the Planning Commission were not answered. Noting it was indicated they would like to deal with the market terms, President Evans added he does not think people want to see a plan based on market conditions but rather on a long-term plan and what is best for the neighbors and the community. President Evans, affirming that Council has been through this before, advised there is no cost to City Council and it is the energies and resources of City Council’s Solicitor with whom he has spoken. President Evans stated that City Council’s Solicitor is interested and able to do this, it is a property he has worked on before. Continuing on to say he thinks it is a property that needs to be protected, President Evans communicated if it is truthfully a hospital and that is what it turns out to be then that would be fine. There are some questions that need to be answered with regard to parking, traffic studies, and so forth. If it turns out to morph into something else, Council’s Solicitor is there to answer questions and help move the application along.

Ms. Dolan thought it was a wise amendment. Ms. Dolan thought it was important for people to understand that just because it is said that something is a hospital according to multiple definitions it does not necessarily make it a hospital. Just because it is an acceptable or by right use does not mean the details are not necessary for that particular hospital so that it is understood for that property there is appropriate parking, hours, etc. Ms. Dolan observed it is not clear and it could be potentially misleading unless Council has its Solicitor ensure that what is being proposed is not only what is being advertised that is a hospital but also that it meets all of the requirements in the City of a so-called hospital at that site. Ms. Dolan said that information is necessary before a decision can be made. Ms. Dolan communicated there is somewhat of an offense shared at being expected to allow this developer to expect the City to say this is by right and not ask for all the details. Ms. Dolan added that City Council will have its Solicitor make sure on its behalf that those details are in place before any approvals are made.

Mr. Reynolds, while expressing his thought that Council is unanimous in its support of sending Attorney Spadoni, commented that, as has happened in the past, Council should be careful of comments made here. Mr. Reynolds observed that, unfortunately, the rationale or reasoning expressed while sound is sometimes used against people at a hearing.

Amendment to Resolution 9 B

Mr. Evans moved the following Amendment, and Ms. Dolan seconded the motion:

In the second last line, change the word oppose to ensure, and add a phrase at the end of the word Commission in the final sentence to read: is a complete plan and that it meets all requirements set forth by the City of Bethlehem, as follows:

BE IT RESOLVED by the Council of the City of Bethlehem, that Bethlehem City Council Solicitor, Christopher T. Spadoni, Esq., is hereby authorized to enter his appearance for Bethlehem City Council, to intervene, and to present any and all testimony, filings, and/or documents as deemed necessary by City Council Solicitor Christopher T. Spadoni, Esq., to ensure the Bethlehem Hospital Land Development Plan for 1838 Center Street, Bethlehem, Northampton County, PA, as pending before the City of Bethlehem Planning Commission, is a complete plan and that it meets all requirements set forth by the City of Bethlehem.

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

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

Motion – Considering Resolutions 9 C through 9 I as a Group – Certificates of Appropriateness

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

C. Certificate of Appropriateness – 327 Polk Street

Mr. Recchiuti and Mrs. Belinski sponsored Resolution 2013-155 that granted a Certificate of Appropriateness to replace the flat roof with a gable pitched roof at 327 Polk Street.

D. Certificate of Appropriateness – 13 West Morton Street

Mr. Recchiuti and Mrs. Belinski sponsored Resolution 2013-156 that granted a Certificate of Appropriateness to modify the previously approved new building to include an elevator shaft and exterior stair and roof deck at rear of property at 13 West Morton Street.

E. Certificate of Appropriateness – 202 East Third Street

Mr. Recchiuti and Mrs. Belinski sponsored Resolution 2013-157 that granted a Certificate of Appropriateness to remove existing red roof tiles on the turret and replace with red shingles at 202 East Third Street.

F. Certificate of Appropriateness – 315 West Fourth Street

Mr. Recchiuti and Mrs. Belinski sponsored Resolution 2013-158 that granted a Certificate of Appropriateness to replace the rear garage window at 315 West Fourth Street.

G. Certificate of Appropriateness – 20 West Fourth Street

Mr. Recchiuti and Mrs. Belinski sponsored Resolution 2013-159 that granted a Certificate of Appropriateness to replace windows on second and third floors and street front door at 20 West Fourth Street.

H. Certificate of Appropriateness – 216 West Third Street

Mr. Recchiuti and Mrs. Belinski sponsored Resolution 2013-160 that granted a Certificate of Appropriateness to raze and remove the rear frame structure at 216 West Third Street.

I. Certificate of Appropriateness – 427 North New Street

Mr. Recchiuti and Mrs. Belinski sponsored Resolution 2013-161 that granted a Certificate of appropriateness to remove and replace current signs at 427 North New Street.

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

J. Certificate of Appropriateness – 443 High Street

President Evans stated there are no sponsors for Resolution 9 J.

Ms. Dolan stated she would sponsor the Resolution so that the Resolution can be discussed. Mr. Reynolds was the second sponsor for the Resolution.

Ms. Dolan and Mr. Reynolds sponsored Resolution 9 J for a proposal to repaint the rear section of the house in Benjamin Moore Black in a Matte Sheen Finish at 443 High Street.

Mr. Recchiuti noted that generally he is supportive of recommendations from HARB that are for approval. Mr. Recchiuti observed if Mr. Bonsall was correct in what he stated earlier the HARB admitted they failed to consider something regarding contrast of paint. Mr. Recchiuti asked if City Council can send the Certificate of Appropriateness back to HARB in order to consider that.

Attorney Spadoni stated the appropriate avenue to follow would be a motion to postpone so that the HARB would have an opportunity to consider the matter. Attorney Spadoni indicated that, in reviewing the dates, a motion to postpone the Resolution until October 15 would be in order.

Mr. Recchiuti asked whether the HARB has withdrawn their support of the Resolution. Mr. Bonsall, responding not to his knowledge, explained that was just the outcome of the past meeting. Mr. Recchiuti queried whether Mr. Bonsall believes that the HARB failed to consider an aspect they should have considered. Mr. Bonsall replied the idea was brought up by him at the meeting and the result is as stated. Mr. Recchiuti inquired whether the contrast of paint was considered. Mr. Bonsall stated he brought it up as a previous way of determining correctness or appropriateness of selecting two different colors on the same basic structure. Mr. Bonsall advised he does not vote unless there is a tie, he did not vote, and the HARB was unanimous in their decision.

Mr. Reynolds, noting that several people expressed their concerns, said the HARB voted for the proposal, and Mr. Bonsall affirmed the matter was brought up at the meeting. While communicating he understands the concerns, Mr. Reynolds indicated it is setting a precedent, about which he is not against at times, concerning what the HARB does as far as their vote not necessarily standing to what they want to have happen at the end. Mr. Reynolds, confirming that the HARB is advisory, pointed out that City Council is always able to vote differently from what the HARB suggests or does not suggest. Reiterating it seems clear that Mr. Bonsall had brought up the concern at the meeting, and while expressing his understanding of the concerns of a neighbor or two, Mr. Reynolds thought it is a situation where Council needs to respect what the HARB recommends but if not it is opening the window a little further as far as City Council stepping in that realm which may be what is wanted at the end of the day.

Ms. Dolan agreed that City Council needs to consider that always whenever the Members make a response that is not simply taking the advice of the HARB. However, Ms. Dolan wondered when the HARB met were they fully taking into account the guidelines they are supposed to follow which is trying to match colors for an adjacent connecting structure in this case. Ms. Dolan continued on to indicate where the idea that the existing color was black came from is questionable because it does not appear to be black now. Ms. Dolan observed that the excellent people who serve on the HARB might sometimes not always have all the information in front of them they might have if they had a second chance to look at it. Ms. Dolan, affirming it is City Council’s job ultimately to make these decisions to approve or disapprove, pointed out that Council is final arbiter. Ms. Dolan said she would lean more towards the suggestion of Mr. Recchiuti and Council Solicitor Spadoni that is to send it back to the HARB, have them take another look at it, give the neighbor a chance to make his point, and to take another look at what is existing. Commenting that perhaps what Council might have will be something different, Ms. Dolan said if not then Council needs to be vigilant the next time it comes before them and make sure they make the right decision.

Mr. DiGiacinto, confirming he brought the matter to the Members of Council last week, explained he was approached about the matter and he also looks at the backs of the two houses every day. Mr. DiGiacinto explained he wanted to make a motion to postpone so that the HARB may look at the matter again. Mr. DiGiacinto continued on to say he believes the neighbors are talking to each other and he wanted to afford them the opportunity to work something out. Mr. DiGiacinto commented he would make a motion to postpone the Resolution until the City Council Meeting on October 15, 2013.

President Evans, noting that the HARB meets tomorrow and again on October 2, affirmed that postponing a vote on the Resolution until October 15 would allow the HARB the flexibility to review it if they wish to do so.

Motion to Postpone – Resolution 9 J

Mr. DiGiacinto moved to postpone Resolution 9 J until the City Council Meeting on October 15, 2013. Ms. Dolan seconded the motion. Voting AYE: Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, and Mr. Evans, 7. The motion passed.

10. NEW BUSINESS.

Committee Meeting Announcements

Chairman Reynolds announced a Finance Committee meeting on September 11, 2013 at 6:30 PM in Town Hall.

Chairman Donchez re-announced a Public Safety Committee meeting on September 24, 2013 at 7:00 PM in Town Hall.

Chairman DiGiacinto announced a Community Development Committee meeting on October 9, 2013 at 6:00 PM in Town Hall.

11. PUBLIC COMMENT

Certificates of Appropriateness; Hoover Mason Trestle

Mary Pongracz, 321 W. 4th Street, remarked that Council voted on Resolutions 9 C through 9 I as a group but the voting is on the recommendations from two separate entities; i.e., the Historic Conservation Commission – South Bethlehem and Mt. Airy, and the HARB. Ms. Pongracz did not think that Council should put together opinions from two different organizations. Ms. Pongracz affirmed that when a meeting of the Historic Conservation Commission is opened, it is made clear to the applicant that the final say on a recommendation presented to Council is made by Council and Council makes the decision. She confirmed that, by Ordinance, Council has the right to make a final decision. Ms. Pongracz mentioned that if Council questions something that is given to them they do have the right to not approve or to approve it and give the Certificate of Appropriateness. Ms. Pongracz added that on September 19 the South Bethlehem Historical Society is going to be giving a presentation on the Hoover Mason Trestle and it will be held at PBS from 7:00 to 9:00 PM.

Police Substations; Bethlehem Hospital Land Development – 1838 Center Street

Stephen Antalics, 737 Ridge Street, referred to a National Public Radio program called Car Talk. Mr. Antalics felt it would be appropriate for the Police Chief to contact Car Talk and confirm whether or not Bethlehem has a Police Substation in a donut shop. Mr. Antalics further related a story reported on the program from a town in South Dakota where an off duty Police Officer in his uniform saw a criminal as the Officer was leaving a donut shop, the Officer put out a bulletin to block all of the roads, and one of the top ten criminals in the country was caught as a result of the Officer being in a donut shop. Mr. Antalics suggested that the Police Chief contact Car Talk to find out whether this is true or not. Mr. Antalics mentioned that in further defining the word hospital it becomes a treatment center so he thought the City should look into the verbiage more carefully, as they might be one in the same thing.

Authorizing Intervention – Bethlehem Hospital Land Development – 1838 Center Street

Sue Glemser, 2132 Sycamore Street, thanked City Council for approving Attorney Spadoni to help the neighbors in the matter of the hospital at 1838 Center Street that the developer wants to build. Ms. Glemser noted that she did have the same question as Ms. Dolan under the term hospital. Ms. Glemser remarked that at the last Planning Commission meeting she attended they kept using the term hospital. They would not say if it was an MRI, Cardiac or Urology hospital.
Ms. Glemser communicated that it is a shell of a building and they would decide what it would be at another time. Ms. Glemser noted they also talked about parking spots and it was indicated that if it were an 80 bed hospital they were only going to have 54 parking spots of which 45 were for the staff who would come in three times in a day. Ms. Glemser wondered where would the visitors park. Ms. Glemser thought that the neighbors do need help in this matter, and again thanked City Council for helping.

The meeting was adjourned at 8:10 p.m.