Bethlehem Council MInutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, September 17, 2013 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

The Reverend M. Cole McClenithan, of Central Assembly of God, 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 David T. DiGiacinto, Karen Dolan, Robert J. Donchez, Michael D. Recchiuti, J. William Reynolds, and Eric R. Evans, 6.
Jean Belinski was absent.

CITATIONS

President Evans read Citations in honor of John A. Karb on the occasion of his retirement from the Police Department after 23 years of service and Jason D. Schiffer on the occasion of his retirement from the Police Department after 20 years of service. The Members of Council applauded Mr. Karb and Mr. Schiffer and wished them well in their retirement.

President Evans stated that the Citations for Matthew F. Crenko on the occasion of his retirement from the Police Department, and Luther G. Holland on the occasion of his retirement from the Fire Department, will be mailed to them since they were unable to attend the meeting.

2. APPROVAL OF MINUTES

The Minutes of September 3, 2013 were approved.

3. PUBLIC COMMENT

None.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

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

5. COMMUNICATIONS

A. Director of Planning and Zoning – Shared Use of Path Crossing Agreement – PennDOT –
Resolution

The Clerk read a memorandum dated September 9, 2013 from Darlene L. Heller, Director of Planning and Zoning, to which was attached a draft resolution required by PennDOT prior to the City’s sign-off on a Shared Use Path Crossing Agreement for the crossing of the South Bethlehem Greenway over South New Street.

President Evans stated that the Resolution will be listed on the October 1 Agenda.

B. Director of Planning and Zoning – Supplemental Federal Aid Reimbursement Agreement –
PennDOT – Resolution

The Clerk read a memorandum dated September 9, 2013 from Darlene L. Heller, Director of Planning and Zoning, to which was attached a proposed resolution to support a revision to the City’s Supplemental Federal Aid Reimbursement Agreement with PennDOT for development of Phase III of the South Bethlehem Greenway. The original grant amount was $1,640,000. The Supplemental Agreement increases the total project cost by $6,700 to a total amount of $1,646,700. All construction has been completed and the Agreement allows the grant to be closed out.

President Evans stated that the Resolution will be listed on the October 1 Agenda.

C. Business Administrator – 2014 Preliminary Budget Estimate – Pensions

The Clerk read a memorandum dated September 10, 2013 from Dennis W. Reichard, Business Administrator, listing estimates of the financial requirements of the Police, Fire, Officers and Employees, and PMRS pension plans, and minimum municipal contribution to the plans for 2014 budget purposes, as required under Act 205.

President Evans advised this is for information only at this time, and no action needs to be taken.

D. City Solicitor – Use Permit Agreement for Public Property – LeadDog Marketing Group, Inc. –
Runner’s World Half Marathon and Festival

The Clerk read a memorandum dated September 12, 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 LeadDog Marketing Group, Inc. for use of various City streets and properties for the Runner’s World Half Marathon to be held October 18 to 20, 2013.

President Evans stated that the Resolution will be listed on the October 1 Agenda.

6. REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Laurie Gostley-Hackett – Bethlehem Authority

Mayor Callahan appointed Laurie Gostley-Hackett to membership on the Bethlehem Authority effective through January 2014. Mr. Donchez and Mr. DiGiacinto sponsored Resolution 2013-162 to confirm the appointment.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. The Resolution passed.

2. Administrative Order – Alison Pilorz – Sister City Commission

Mayor Callahan appointed Alison Pilorz to membership on the Sister City Commission effective through July 2016. Mr. Donchez and Mr. DiGiacinto sponsored Resolution 2013-163 to confirm the appointment.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. The Resolution passed.

C. Finance Committee

Mr. Reynolds, Chairman of the Finance Committee, presented an oral report of the Committee’s meeting held on Wednesday, September 11 in Town Hall on the following subjects: Budget Adjustment and Transfer of Funds – Greenway - Plaza/Pavilion Project; Bill No. 25 – 2013 – General Obligation Note - $1,765,000; 2012 Draft Audit; and Second Quarter Review.

7. ORDINANCES FOR FINAL READING

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), on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 21 – 2013, now known as Ordinance No. 2013-21, was passed on Final 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., on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 22 – 2013, now known as Ordinance No. 2013-22, was passed on Final 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, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 23 – 2013, now known as Ordinance No. 2013-23, was passed on Final 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, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 24 – 2013, now known as Ordinance No. 2013-24, was passed on Final 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, on Final Reading.

Mr. DiGiacinto said that, while there is no prepayment penalty, as indicated in the memo dated August 16, 2013 from Mark Sivak, Director of Budget and Finance, it is important to keep in mind that the Note and Lines of Credit all come due next year. Mr. DiGiacinto continued on to say the refinancing of the Bethlehem Authority debt in connection with the Water Fund will need to be reviewed.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 25 – 2013, now known as Ordinance No. 2013-25, was passed on Final Reading.

8. NEW ORDINANCES

A. Bill No. 26 – 2013 – Amending Article 151 – Firemen’s Pension Fund

The Clerk read Bill No. 26 – 2013 – Amending Article 151 – Firemen’s Pension Fund, sponsored by Mr. Recchiuti and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 151 OF THE CODIFIED ORDINANCES
ENTITLED FIREMEN’S PENSION FUND.

President Evans queried whether the amendments formalize provisions in the collective bargaining agreements of the last Union Contract.

Dennis Reichard, Business Administrator, replied yes, and advised that changes also had to be made as a result of the Pennsylvania Auditor General’s review of the Pension Funds.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 26 – 2013 was passed on First Reading.

B. Bill No. 27 – 2013 – Amending Article 153 – Police Pension Fund

The Clerk read Bill No. 27 – 2013 - Amending Article 153 – Police Pension Fund, sponsored by
Mr. Recchiuti and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 153 OF THE CODIFIED ORDINANCES
ENTITLED POLICE PENSION FUND.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 27 – 2013 was passed on First Reading.

C. Bill No. 28 – 2013 – Amending Non-Utility Capital Fund Budget – Greenway – Plaza/Pavilion Project

The Clerk read Bill No. 28 – 2013 - Amending Non-Utility Capital Fund Budget – Greenway – Plaza/Pavilion Project, 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 2013 CAPITAL BUDGET FOR NON-UTILITIES.

Ms. Dolan asked why it was necessary to make the changes in the Budget, and why the stated revenue sources are being changed.

Darlene Heller, Director of Planning and Zoning, affirmed that funds previously allocated to the Sun Inn Courtyard/Nevin Place are being reallocated since that project is not moving ahead at this time. Those funds will be utilized for the Greenway project that is able to move ahead now.

Ms. Dolan inquired about the reason why the Sun Inn Courtyard project is being delayed.

Joseph Kelly, Director of Community and Economic Development, advised that some design matters are still being reviewed and there is not an agreement on the design. Mr. Kelly stated since there is a design for the Greenway the City is moving forward with it. Mr. Kelly explained that confidence remains that something can be worked out with the Sun Inn.

Mr. DiGiacinto, pointing out there are several funding sources for the Sun Inn Courtyard/ Nevin Place renovation plan, wondered if the delay will impact the use of those funds later on.

Mr. Kelly, while confirming that the Recreation Fee Account would be reallocated as well, replied he did not think the project would necessarily be affected, and if an agreement is reached a way could be found to do the Sun Inn Courtyard project.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. Bill No. 28 – 2013 was passed on First Reading.

9. RESOLUTIONS.

A. Adopting Fee Schedule – Zoning Ordinance

Mr. Donchez and Mr. DiGiacinto sponsored Resolution 2013-164 that adopted the fee structure related to Zoning Ordinance Article 1324, Section 1324.03, Fees, heard before the City Zoning Hearing Board, and the fee structure related to Zoning Ordinance Article 1326, Amendments, Section 1326.02 (c), Proposals Originated By a Citizen’s Petition. The Resolution also rescinded Resolution No. 2012-123 adopted August 7, 2012.

Ms. Dolan asked if the fees are perfunctory, and what are the changes.

Ms. Heller explained that Bill No. 22 – 2013 – Amending Zoning Ordinance Articles 1302, 1304, 1305, 1318, 1322, 1325, and 1326 – Kennels, Retirement Complexes, Temporary Commercial Uses, Etc., approved on Final Reading earlier this evening, included an amendment in Article 1326. Article 1326 of the Zoning Ordinance addresses requests from citizens for Zoning Amendments. However, the associated fee was inadvertently not listed when the new Zoning Ordinance was adopted last year. The balance of the fee schedule, adopted by the Resolution, remains unchanged.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. The Resolution passed.

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

Mr. Donchez and Mr. DiGiacinto sponsored Resolution 2013-165 that authorized the execution of a Use Permit Agreement for Public Property between Incarnation of Our Lord Church and the City of Bethlehem for use of Laufer Street between Pierce Street and Buchanan Street for the Fall Festival to be held on September 21, 2013, according to the Agreement.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. The Resolution passed.

C. Authorizing Highway Safety Project Grant

Mr. DiGiacinto and Mr. Recchiuti sponsored Resolution 2013-166 that authorized grant documents with the Pennsylvania Department of Transportation for Highway Safety Grant No. IDP-2014-Bethlehem City-00019.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. The Resolution passed.

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

Ms. Dolan and Mr. Reynolds moved to consider Resolutions 9 D through 9 G as a group. Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. The Motion passed.

D. Certificate of Appropriateness – 266 East Wall Street (Windows)

Mr. DiGiacinto and Mr. Recchiuti sponsored Resolution 2013-167 that granted a Certificate of Appropriateness to replace 13 windows at 266 East Wall Street.

E. Certificate of Appropriateness – 266 East Wall Street (Porch Floor and Posts)

Mr. DiGiacinto and Mr. Recchiuti sponsored Resolution 2013-168 that granted a Certificate of Appropriateness to repair the porch floor and posts at 266 East Wall Street.

F. Certificate of Appropriateness – 424 Center Street

Mr. DiGiacinto and Mr. Recchiuti sponsored Resolution 2013-169 that granted a Certificate of Appropriateness for work proposed that is a resubmission and upon HARB’s recommendation to relocate the gas meter installation at 424 Center Street to the Pine Street side.

G. Certificate of Appropriateness – 245 East Wall Street

Mr. DiGiacinto and Mr. Recchiuti sponsored Resolution 2013-170 that granted a Certificate of Appropriateness to install a new fence at 245 East Wall Street.

Voting AYE on Resolutions 9 D through 9 G: Mr. Recchiuti, Mr. Reynolds, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 6. The Resolutions passed.

10. NEW BUSINESS.

Committee Meeting Announcements

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

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

11. PUBLIC COMMENT

South Side Community Benefit District (CBD)

Stephen Antalics, 737 Ridge Street, referring to the request for a hearing on a South Side Community Benefit District (CBD), noted there is a Casino Host Fee designed to address negative impact on areas of the City where that might have an effect. Mr. Antalics, querying why there needs to be a South Side Community Benefit District, thought they are trying to save their lives by trying to get money to improve what they think is needed. He pointed out that one of the major complaints is the fact that the parking meters are effective until 9:00 p.m. that discourages people from going there. He observed that a store on Third Street is closing this month and moving to Easton and The Monsoon Gallery closed last year, so instead of improving they are closing. Mr. Antalics pointed out that the citizens in the district are upset because they will have to pay a tax that is called a donation but it is really a tax. Mr. Antalics communicated that if the City wanted to help out and if they cannot get Host Fee money at least take the money that citizens are being asked to give and give it to the City so the net impact to them would be zero and they will benefit from the community project. Mr. Antalics, remarking that he has studied the history of the City going back to the time of the Borough of Bethlehem, felt the developments on the South Side and the developments on Market Street and Broad Street are out of balance.

Mary Pongracz, 321 W. Fourth Street, remarked that Mr. Antalics is quite right. She related that when she went to the first public meeting for the South Side Community Benefit District it became clear to her that this is to improve the entrance to Lehigh University, and is another form of eminent domain. She expressed her thought that the Community Benefit District will benefit no one except a few people, with Lehigh University being one of them. Ms. Pongracz also felt strongly that if someone in business cannot make a go of it then there are two problems: that you have something that no one wants, and the economic situation does not warrant the spending of money. Ms. Pongracz said at the second meeting there was no one who spoke in favor of a Community Benefit District. Ms. Pongracz, stressing that people pay taxes over and over, noted that for the proposed $100 for the CBD the front of the properties will be kept clean but the snow will not be shoveled. Ms. Pongracz, communicating that when she first heard about the Community Benefit District she thought it sounded like a good idea, said having heard the full story she thought it would be very difficult to convince the people on any side of town to pay $100 to have someone keep the front of their home clean. Highlighting the fact that she grew up in South Bethlehem and is still living there, pointed out that people would get up in the morning and go out and sweep the street in front of their property to keep it clean.

The meeting was adjourned at 7:45 p.m.