Bethlehem Council MInutes

10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, February 4, 2014 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

SWEARING IN CEREMONY

Cathy Reuscher – Appointed to Vacant Council Seat – 2014-2015

Magisterial District Judge Wayne Maura, of Lehigh County, administered the Oath of Office to Cathy Reuscher who was appointed by City Council on Monday, February 3, 2014 to fill the vacant Council seat of Robert J. Donchez, as a result of his election as Mayor effective January 6, 2014, for the remaining two years of his term of 2014 and 2015.

1. ROLL CALL

President Reynolds called the meeting to order. Present were Bryan G. Callahan, Karen Dolan, Eric R. Evans, Michael D. Recchiuti, Cathy Reuscher, Adam R. Waldron, and J. William Reynolds, 7.

CITATIONS

Honoring Craig S. Finnerty, Jacqueline Lilley-McCammon, Dennis W. Reichard, and Fred Rice

President Evans presented Citations to Jacqueline Lilley-McCammon on the occasion of her retirement from the Fire Department after 25 years of service, and to Fred Rice on the occasion of his retirement from the Water and Sewer Resources Department after 28 years of service. The Members of Council applauded Ms. McCammon and Mr. Rice and wished them well in their retirement.

President Evans stated that the Citations for Craig S. Finnerty on the occasion of his retirement from the Police Department and Dennis W. Reichard on his retirement from the Administration will be mailed to them since they were unable to attend the meeting.

2. APPROVAL OF MINUTES

None.

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 –
Thursday, February 6, 2014 – 7:00 PM – Town Hall

2. Article 112 – Campaign Finance Reports

5. COMMUNICATIONS

A. City Solicitor – Termination of Officer Richard Hoffman

The Clerk read a memorandum dated January 14, 2014 from William P. Leeson, Esq., City Solicitor, recommending the matter of the Administration’s intention to proceed with the Officer Hoffman termination and that Council schedule proceedings accordingly.

President Reynolds stated that the Public Hearing has been scheduled on Monday, February 24 at 7:00 PM in Town Hall.

B. Director of Water and Sewer Resources – Modifications to Article 927 – Sewer Rental

The Clerk read a memorandum dated January 16, 2014 from Edward J. Boscola, Director of Water and Sewer Resources, requesting approval of the attached proposed modifications to Article 927 – Sewer Rental that are necessary to implement the 2014 sewer rate increase of 15% as was discussed before Council during the budget process in December 2013.

President Reynolds stated that Bill No. 1 – 2014 is listed on the Agenda for First Reading.

C. City Solicitor – Amendment No. 2 to Electrical Bureau Building Lease – Allentown SMSA
Limited Partnership d/b/a Verizon Wireless

The Clerk read a memorandum dated January 16, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a proposed Resolution and associated Amendment No. 2 to Electrical Bureau Building Lease for Council’s consideration.

President Reynolds stated that Resolution 9 H is listed on the Agenda.

D. City Solicitor – Use Permit Agreement for Public Property – St. Luke’s University Health
Network – 2014 Boutique at the Rink

The Clerk read a memorandum dated January 16, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a proposed Resolution and associated Use Permit Agreement between the City and St. Luke’s University Health Network for use of the Municipal Ice Rink for the 2014 Boutique at the Rink.

President Reynolds stated that the Resolution will be listed on the February 18, 2014 Agenda.

E. Director of Budget and Finance – Amending Municipal Pension Plan – Benefit Changes

The Clerk read a memorandum dated January 22, 2014 from Mark W. Sivak, Director of Budget and Finance, to which was attached an Ordinance required by PMRS to authorize the new contract that reflects the benefit changes the City made for new hires hired on or after October 4, 2013.

President Reynolds stated that Bill No. 2 – 2014 is listed on the Agenda for First Reading.

F. City Solicitor – Amending Article 1120 – Emergency Medical Services

The Clerk read a memorandum dated January 30, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a proposed Ordinance to amend Article 1120 – Emergency Medical Services by increasing fees for EMS billing, amending Procedure for EMS Billing, and adding new section EMS Right of First Refusal.

President Reynolds stated the Ordinance can be listed on the February 18 Agenda for First Reading, unless the Members of Council wish to review the matter in Committee. President Reynolds added, now that the vacant Council seat has been filled, he would plan to announce the Committee assignments at the February 18 Council Meeting. President Reynolds continued on to say the Ordinance could be listed on First Reading on the February 18 Council Agenda, and the Committee members can decide whether they would like to review the matter.

6. REPORTS

A. President of Council

None.

B. Mayor

1. Administrative Order – Robert W. Novatnack – Fire Chief

Mayor Donchez appointed Robert W. Novatnack as Fire Chief effective as of January 13, 2014. Mr. Callahan and Mr. Recchiuti sponsored Resolution 2014-12 to confirm the appointment.

President Reynolds thought that Mr. Novatnack is a good choice and will serve the City well.

Mr. Recchiuti said he seconds President Reynolds’ comments, and stated that Mr. Novatnack, as a resident of the City, cares deeply about the City.

Voting AYE: Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, and Mr. Reynolds, 7. The Resolution passed.

2. Administrative Order – Constantine Loupos – Zoning Hearing Board

Mayor Donchez reappointed Constantine Loupos to membership on the Zoning Hearing Board effective through January 2019. Mr. Recchiuti and Mr. Waldron sponsored Resolution 2014-13 to confirm the appointment.

President Reynolds stated he is glad to see Mr. Loupos coming back for another term, and the City appreciates his service.

Mr. Evans, expressing his agreement, pointed out that Mr. Loupos has presided as Chair of the Zoning Hearing Board during some difficult development projects and has done a tremendous job along with the Board.

Voting AYE: Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, and Mr. Reynolds, 7. The Resolution passed.

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

Mayor Donchez appointed Laurie Gostley-Hackett to membership on the Bethlehem Authority effective through January 2019. Mr. Waldron and Mr. Evans sponsored Resolution 2014-14 to confirm the appointment.

Ms. Dolan commented that Ms. Gostley-Hackett is one of Bethlehem’s brightest citizens, and works for one of the Lehigh Valley’s largest corporations that further connects her to important stakeholders.

Voting AYE: Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, and Mr. Reynolds, 7. The Resolution passed.

4. Administrative Order – John Abel – Bethlehem Authority

Mayor Donchez appointed John Abel to membership on the Bethlehem Authority effective through January 2018. Mr. Waldron and Mr. Evans sponsored Resolution 2014-15 to confirm the appointment.

Mr. Evans, communicating that Mr. Abel is a great addition to the Bethlehem Authority, said Dr. Abel has given the City great service in a number of different ways and is pleased that he will be joining one of the important Authorities.

Ms. Dolan added that Jack Abel is a scientist and has quite a reputation for accomplishments in this field. She thought that, in addition to reviewing the funds and bonds, Dr. Abel could perhaps be able to add to some of the innovative scientific techniques that might be available because he is always on the cutting edge.
Voting AYE: Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, and Mr. Reynolds, 7. The Resolution passed.

5. Administrative Order – Lynn Collins Cunningham – Bethlehem Parking Authority

Mayor Donchez appointed Lynn Collins Cunningham to membership on the Bethlehem Parking Authority effective through January 2019. Mr. Recchiuti and Mr. Waldron sponsored Resolution 2014-16 to confirm the appointment.

Mr. Recchiuti, commenting he is supportive of this appointment to the Parking Authority, said as a former member of the Parking Authority he understands the work that gets done there and added that Mrs. Cunningham would be a great addition to the Authority. Noting that he did speak to Mayor Donchez and City Solicitor Leeson before the meeting, Mr. Recchiuti stated he is concerned that there might be a potential conflict since the Parking Authority budget does include money for the Chamber of Commerce where Mrs. Cunningham is employed and the Downtown Bethlehem Association. Mr. Recchiuti noted it was advised that this could be resolved by abstaining from votes.

Mayor Donchez replied that is correct and Attorney Broughal, Solicitor to the Parking Authority, does not have a problem with the appointment.

Ms. Dolan expressed she is also in favor of Lynn Collins Cunningham for the appointment but did not think it is good to start off with this position that is important and currently in some ways could be contentious without all areas of potential conflict of interest being solidified and in writing. Ms. Dolan added that if she were Mrs. Cunningham she would not want to start this job with any questions about the relationship between the monies that flow between the Parking Authority and the DBA. Ms. Dolan said it is out of respect for Mrs. Cunningham and her reputation that is stellar that she would recommend postponement on this appointment until the next Council Meeting so that Council can get an opinion from perhaps the Solicitor who is not closely connected to the Administration. Ms. Dolan commented she would feel more confident if Council had a balanced opinion. Communicating that she thinks it will turn out to be in Mrs. Cunningham’s favor, Ms. Dolan said if she were Mrs. Cunningham she would want to make sure.

Motion – Postpone Until Next City Council Meeting

Ms. Dolan moved to postpone the Administrative Order until the next City Council Meeting, until such time as Council’s Solicitor, the City’s Solicitor, and the Parking Authority’s Solicitor have had time to discuss the issues and provide a statement of confidence that the appointment would not put Mrs. Cunningham’s job with the Chamber of Commerce at any risk of being accused of being inappropriately connected to the Parking Authority. Ms. Dolan said she would like to see such a statement before she would gladly support Mrs. Cunningham for this position.

President Reynolds, noting that the motion needs a second, said seeing no second the motion dies.

Ms. Dolan, pointing out that to make a second means to open it up for discussion, remarked she does not know what Council is afraid of in terms of talking about things. Restating that to second a motion just means Council will talk about it and does not mean there is agreement, Ms. Dolan questioned why is Council so reticent to talk.

President Reynolds, affirming that the Resolution is in front of Council and the Members could speak on the Resolution, stated that Council Members can speak now if they have any comments on the appointment.

Mr. Callahan asked Mr. Recchiuti if he talked to Council Solicitor Christopher Spadoni about this issue.

Mr. Recchiuti replied that he did not speak to Council Solicitor Spadoni about this issue. Mr. Recchiuti expressed his belief that Attorney Leeson’s and Attorney Broughal’s opinions are correct in this situation since the conflict is not a direct conflict. Mr. Recchiuti explained it is not as if money would be flowing directly to Mrs. Cunningham but rather to the organization for which she works, and so she can abstain from those votes. Mr. Recchiuti thought there may be two or three votes where this would come into effect. He observed perhaps the sponsorship of Musikfest by the Chamber and DBA where they solicit donations from businesses downtown to assist with that event might come into play, and then the budget itself would be the other vote. Mr. Recchiuti indicated that section of the budget could be carved out so that Mrs. Cunningham could vote on the majority of the budget without voting on that line item.

Ms. Dolan commented that the Chamber is expected to have even a greater role in marketing the Bethlehem Parking Authority and said that is a good thing. Ms. Dolan thought the idea of carving out someone’s vote on budgets may be fine but questioned why would Council vote on something if its own Solicitor has not had a chance to weigh in on it.

Mr. Callahan asked how much money the Parking Authority would get.

Mr. Recchiuti thought the budgeted amount is $30,000 but did not know what the sponsorship part was.

Mayor Donchez commented he believes it is $30,000.

Mr. Callahan queried as to what that is primarily used for.

Mrs. Cunningham replied that $25,000 goes to pay for the salary of the E-marketer who does the E-marketing for the City of Bethlehem for the downtown and also for the DBA manager. Mrs. Cunningham confirmed it does not go into her salary at all, and it pays for the salary for the two other women in the department.

President Reynolds asked Mrs. Cunningham her feeling about the potential conflict.

Mrs. Cunningham stated she would recuse herself if it ever comes to any kind of conflict and advised she had said that right at the beginning when she was asked to serve. Adding that she appreciates what Ms. Dolan suggested, Mrs. Cunningham noted she understands what she is saying but she just wanted to say that she would never vote for anything if there would be any type of conflict. Mrs. Cunningham pointed out that she is aware how awful it would look if there was a conflict but in that case she would recuse herself.

President Reynolds, mentioning that the Parking Authority meets on the fourth Wednesday of every month, said if Council Members have concerns and were to choose to bring up the idea of postponing the matter until the next Meeting, Mrs. Cunningham would not miss any meetings. President Reynolds denoted this would allow Council to get something in writing so all parties can be satisfied.

Mr. Callahan stated he thinks highly of Mrs. Cunningham and respects the Solicitor’s review in vetting the process along with Attorney Broughal. Commenting he does not see any harm in allowing a further look at this, Mr. Callahan said if it helps with the debate he would second the motion.

Ms. Dolan, communicating that Council is having a discussion without a second on the motion, stated this is all she is asking for and Council can finally conclude a discussion. Ms. Dolan added she is very aware of what is going on in the press now with so many people being accused of wrongdoing. Observing that in Mrs. Cunningham’s position of authority and rightfully so her influence mingles with so many of other organizations and groups, Ms. Dolan said it is to her benefit to have the strongest support possible from Council and the Administration saying they approve and have done due diligence. Ms. Dolan, expressing she thinks that Mrs. Cunningham would be great on the Bethlehem Parking Authority, said someone on the DBA and Chamber belongs on the Parking Authority and no one would be better than Mrs. Cunningham. Ms. Dolan said she does not see anything wrong with having this put in writing and have a short delay.

Mrs. Cunningham stated that she is fine with this and she understands.

Mr. Recchiuti asked Mayor Donchez if the appointment of Mrs. Cunningham is to fill a vacancy or to fill another seat.

Mayor Donchez responded it is to fill a seat and there is a vacancy for which he is reviewing candidates.

Mr. Recchiuti recalled the Parking Authority has been operating with four members for two years.

President Reynolds added that there is still another opening and asked if Mayor Donchez had plans to fill that opening.

Mayor Donchez replied yes and that hopefully he would be able to submit a name within the next two or three weeks.

Mr. Waldron thought it makes sense to postpone the matter for the protection of Mrs. Cunningham. He pointed out there would then be a paper trail of due diligence and research, and noted there clearly is no conflict from both Solicitors. Mr. Waldron observed another consideration is to research any potential conflicts for when she may have to recuse herself from a vote so those would be in writing as well so that everyone would be aware before those instances happen and they do not have to be decided on the spot.

Mayor Donchez informed Council that the Administration would be happy to provide an opinion regarding Mrs. Cunningham and also to have Attorney Broughal provide an opinion prior to next week.

Ms. Dolan moved to postpone the Administrative Order until the next Council Meeting to obtain opinions from all of the applicable Solicitors regarding the appointment of Mrs. Cunningham. Mr. Waldron seconded the motion.

Voting AYE on the motion: Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Mr. Reynolds, 7. The motion passed.

Snow Emergency

Mayor Donchez commended Department Heads for their coordination and working together with the snow emergency yesterday, the storm two weeks ago and that may be coming tomorrow. Acknowledging this has been a very difficult winter, Mayor Donchez said he thinks that at the end of the day the Departments and employees have done an excellent job working together especially since it is a new team.

Public Hearing Proposed South Side Community Benefit District

Mayor Donchez stated that he will be attending the Public Hearing for the proposed South Side Community Benefit District meeting in Town Hall on Thursday, February 6 at 7:00 PM. Mayor Donchez affirmed he will be sending a memorandum tomorrow and will be making some comments at the meeting on Thursday.

City Website

Mayor Donchez advised that the City will be revamping completely its webpage to make it more interactive. He has met with Information Services, and all of the Department Heads will meet with Mike Brichta, Computer Systems Manager, and his staff. Mayor Donchez explained that he has outlined a plan that he would like to have put in place for completion of Phase I by April 1, Phase II by July 1, and the completed website unveiled January of 2015. Mayor Donchez added that Mr. Brichta is agreeable with the timeframe. Mayor Donchez pointed out that the project to revamp the website started two weeks ago.

New Member of Council

Mayor Donchez congratulated Ms. Reuscher, the new Member of Council, and stated that she will do an excellent job and he hopes she enjoys her time on Council.

City Website

President Reynolds observed that, in considering the City’s revamped website and that of other municipalities, he thought it would be a good idea for people to be able to post to things about streets needing plowing or potholes, for example with social media such as Twitter and Facebook. He noted this could be done even for general day to day things as far as when recycling pickups will be, in addition to snow removal and leaf collection. President Reynolds asked that Mayor Donchez take this under advisement and identify a point person who could handle those requests. President Reynolds recalled that former Police Chief Jason Schiffer had done many things with social media as a way to interact with citizens as it related to the Police Department. President Reynolds thought it is something the City should do as soon as possible so people can get responses. President Reynolds highlighted the fact that one of the challenges faced by the City is that, while some people still want things mailed to them and still get news from the local television station or a newspaper, increasingly many people get news from the internet and social media. President Reynolds noted that, after speaking with Michael Alkhal, Director of Public Works, some of this already done, and might be an issue of getting that information to the public and do more marketing about it. President Reynolds communicated that, in the City’s quest for the delivery of basic efficient City services, it is an idea whose idea has come.

Mayor Donchez, expressing his agreement with President Reynolds, advised these matters have been discussed and will be reviewed in more depth. Mayor Donchez informed the assembly the City is developing a social media policy that it currently does not have and City Solicitor William Leeson is working on the matter. After completion of the first draft it will be made public and provided to City Council.

President Reynolds thanked Mayor Donchez, noted there are several Council Members who will have ideas, and asked that Council be informed. He added that it might be a good idea to put out some type of survey or pose questions to allow people to weigh in on this.

7. ORDINANCES FOR FINAL READING

None.

8. NEW ORDINANCES

A. Bill No. 1 – 2014 – Amending Article 927 - Sewer Rental

The Clerk read Bill No. 1 – 2014 – Amending Article 927, sponsored by Mr. Callahan and Mr. Evans, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 927 OF THE CODIFIED ORDINANCES
ENTITLED SEWER RENTAL.

Ms. Dolan asked if these are the same Sewer Rate Charges that were discussed during the 2014 Budget process.

David Brong, Business Administrator, replied that is correct.

Voting AYE: Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, and Mr. Reynolds, 7. Bill No. 1 – 2014 was passed on First Reading.

B. Bill No. 2 – 2014 – Amending Municipal Pension Plan – PMRS Ordinance

The Clerk read Bill No. 2 - 2014 – Amending Municipal Pension Plan – PMRS Ordinance, sponsored by Mr. Callahan and Mr. Evans, and titled:

AN ORDINANCE OF BETHLEHEM CITY, NORTHAMPTON COUNTY, COMMONWEALTH OF PENNSYLVANIA, ELECTING TO AMEND ITS MUNICIPAL PENSION PLAN ADMINISTERED BY THE PENNSYLVANIA MUNICIPAL RETIREMENT SYSTEM PURSUANT TO ARTICLE IV OF THE PENNSYLVANIA MUNICIPAL RETIREMENT LAW; AGREEING TO BE BOUND BY ALL PROVISIONS OF THE PENNSYLVANIA MUNICIPAL RETIREMENT LAW AS AMENDED AND AS APPLICABLE TO MEMBER MUNICIPALITIES.

President Reynolds asked about the changes in the Pension Plan.

Mr. Brong responded there are two changes. The first is the increase of the retirement age from 55 to 62 for all new hires after the date in the agreement. The second is that the maximum pension benefit paid by the program will be 65% of salary.

Ms. Dolan asked what it was previously.

Mr. Brong replied the retirement age was 55 and the maximum pension benefit was 80% of salary.

Ms. Dolan asked if President Reynolds feels this has been vetted enough by Council. Stating she is not sure what the normal procedure would be, Ms. Dolan said that after hearing the changes she feels this is beneficial to the City but wondered if any further review is needed.

President Reynolds noted this is amending the Pension Plan as far as the Ordinance is concerned but it is in the contract agreed to between the Administration and the SEIU. He explained the belief that it is not something that can be changed, and it is strictly an Administrative function as far as the contract that was negotiated with SEIU. President Reynolds added this is basically saying that the City agrees to pay the changed rate into the system.

Ms. Dolan expressed her understanding that Council does not vote on the actual contract so the Ordinance is distinct from voting on employment contracts. Ms. Dolan explained she is asking whether this is as much as Council needs to do.

Kevin Kelleher, Acting City Council Solicitor, replied that is correct. Attorney Kelleher stated his understanding of the relevant law is that it is appropriate at this point to do it in this manner.

Mr. Recchiuti commented that Council is voting on an Ordinance and not the contract.

Voting AYE: Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, and Mr. Reynolds, 7. Bill No. 2 – 2014 was passed on First Reading.

9. RESOLUTIONS

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

Mr. Recchiuti and Mr. Evans moved to consider Resolutions 9 A through 9 G as a group. Voting AYE: Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, and Mr. Reynolds, 7. The motion passed.

A. Certificate of Appropriateness – 501 Main Street

Mr. Callahan and Ms. Dolan sponsored Resolution No. 2014-16 that granted a Certificate of Appropriateness to replace the stucco base at 501 Main Street.

B. Certificate of Appropriateness – 266 East Market Street (Fence)

Mr. Callahan and Ms. Dolan sponsored Resolution No. 2014-17 that granted a Certificate of Appropriateness to replace the existing split rail fence at 266 East Market Street.

C. Certificate of Appropriateness – 266 East Market Street (Garage Door)

Mr. Callahan and Ms. Dolan sponsored Resolution No. 2014-18 that granted a Certificate of Appropriateness to install a new garage door at 266 East Market Street.

D. Certificate of Appropriateness – 77 West Broad Street

Mr. Callahan and Ms. Dolan sponsored Resolution No. 2014-19 that granted a Certificate of Appropriateness to install two signs at 77 West Broad Street.

E. Certificate of Appropriateness – 17 East Third Street

Mr. Callahan and Ms. Dolan sponsored Resolution No. 2014-20 that granted a Certificate of Appropriateness to install window signs at 17 East Third Street.

F. Certificate of Appropriateness – 310 East Third Street

Mr. Callahan and Ms. Dolan sponsored Resolution No. 2014-21 that granted a Certificate of Appropriateness to install an exterior sign at 310 East Third Street.

G. Certificate of Appropriateness – 202-204 East Fourth Street

Mr. Callahan and Ms. Dolan sponsored Resolution No. 2014-22 that granted a Certificate of Appropriateness to renovate the building to include rear dormer construction, replacement of the roof and windows at 202-204 East Fourth Street.

Voting AYE on Resolutions 9 A through 9 G: Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, and Mr. Reynolds, 7. The Resolutions passed.

H. Authorizing Amendment No. 2 – Electrical Bureau Building Lease – Allentown SMSA – Limited
Partnership d/b/a Verizon Wireless

Mr. Callahan and Mr. Recchiuti sponsored Resolution No. 2014-23 that authorized execution of Amendment No. 2 to Electrical Bureau Building Lease between the City of Bethlehem and Allentown SMSA Limited Partnership d/b/a Verizon Wireless, Successor to Bell Atlantic Mobile Systems, Inc., for the purpose of extending the term of the Agreement, according to the Agreement.

Voting AYE: Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, and Mr. Reynolds, 7. The Resolution passed.

10. NEW BUSINESS.

Council Committee Assignments

President Reynolds stated, now that there is the full complement of Council Members, he has asked all of the Members of Council to let him know their preferences as far as Committees are concerned. President Reynolds noted that he will be assigning Council Members to the Committees and making the announcements at the next Council Meeting.

Public Hearing – Proposed South Side Bethlehem Community Benefit District

President Reynolds confirmed that there will be a public hearing on Thursday, February 6 on the proposed South Side Community Benefit District at 7:00 p.m. in Town Hall.

Use of Rose Garden – Construction of New Nitschmann Middle School

Mr. Callahan asked the status of the request from D’Huy Engineering for the Bethlehem Area School District’s (BASD) use of the Rose Garden during construction of the new Nitschmann Middle School.

Mayor Donchez confirmed that the information Council received is the same the Administration received, and may be something to be discussed in Committee. Mayor Donchez added that he discussed the matter with Dr. Roy, BASD Superintendent, and when the information was presented he thought Council should have a copy immediately.

President Reynolds asked if there has been any type of agreement or any plan for Council to look at. Mayor Donchez replied there is nothing at this time. President Reynolds explained that Council could have a meeting on the request after the Administration has a recommendation about what the City should be doing.

Ms. Dolan remarked that, as she has said, many times things end up being placed before Council with a time constraint. Ms. Dolan respectfully suggested that, even if there is no official word from the Administration, perhaps Council should weigh in on this before being told they have 3 weeks to do something before construction will start.

President Reynolds asked Mayor Donchez if Dr. Roy or anyone from the School Administration has reached out about when they would like to have an agreement with the City.

Mayor Donchez replied no and advised that when he met with Dr. Roy about three weeks ago it was a preliminary discussion, the information was presented to him, and he forwarded it to Council. A draft of a lease agreement pertaining to the Rose Garden will be reviewed by the Law Bureau and once Legal has signed off it will be forwarded to City Council.

President Reynolds noted that a memo could be sent to the Administration to set up a time line of events including what date the School District would like to have an agreement. There could be a Parks and Public Property Committee meeting to discuss the request and weigh in before Council as a whole takes a look at it.

Mr. Callahan stated he is 100% in favor of what the School District needs to do. He has talked to Dr. Roy and he has assured that the part of the Rose Garden which does not affect the actual roses will be totally rebuilt and brought back to its current state. Mr. Callahan noted he does want to help the BASD along with the project.

President Reynolds commented that when he had a conversation with Dr. Roy in passing about this a few months ago he had already said that the BASD had a few meetings and reached out to the neighbors. President Reynolds observed it is something that will change a good number of people’s lives as far as what the construction will mean over the next few years. He thought it would be wise for Council to get some type of timeline by which the School District is looking for approval so that Council knows when a meeting needs to be scheduled.

Ms. Dolan, expressing appreciation for the expression of concern and commitment to restoring the park to its original state, stressed there are some very significant old trees that will be taken down. In addition to a timeline, Ms. Dolan pointed out that a plan or action or commitment is needed. Communicating these sorts of things are not unusual when there is development, Ms. Dolan highlighted the fact that the City is a separate landowner. When another landowner’s property is being used to access another property for development and will do damage temporarily or permanently, she emphasized there needs to be something in writing in an agreement for how these things will be rectified. Noting she is in favor of rebuilding Nitschmann Middle School, Ms. Dolan said she wants to make sure the beautiful park is returned to be the best it can be to its current glory.

President Reynolds thought those things will be addressed in the lease that will come to Council for consideration as previous leases have. He agreed there needs to be strong language in an agreement. He said that in his conversation with Dr. Roy he knows that the School District is committed to that as well and is willing to agree to that. President Reynolds added this is something that the Administration, Ralph Carp, Director of Parks and Public Property, and the Law Bureau will have to come to an agreement with the School District before the matter comes to Council. At that point, if Council is uncomfortable with the language in the lease they have the opportunity to amend it or to offer suggestions.

Mr. Callahan agreed and stated he looks forward to the school rebuilding project being done because it is long overdue, and will be an asset to the West Side.

11. PUBLIC COMMENT

Council Solicitor

Stephen Antalics, 737 Ridge Street, remarked that he is impressed with the professional manner and openness of the appointment of the new Member of Council. Mr. Antalics related that when he lived in Kentucky, there was a small village in the foothills of the Smoky Mountains where the City Council was interviewing appointees for Solicitor. The candidates were brought in one by one for questioning but it was done in closed doors. They were asked a complicated question and answered with a legal and professional opinion. One of the candidates asked if he could close the door and if the recorder could be turned off which was done. The candidate then said what do you want to hear, and they replied that he was appointed. Once this got out into the public it created quite a stir. Mr. Antalics pointed out that living here in Bethlehem and having an exemplary City Council this just cannot happen here. Mr. Antalics added that at all the meetings he has come to he has heard Council Solicitor Spadoni be complemented by all of the people in the audience and Council for the superior job he has been doing.

Maze Garden

Emily Gibbs, 539 Hillside Avenue, commented she agrees with everything Ms. Dolan stated tonight. She said it is important to have things in writing and to have all truths before decisions are made. Referring to the meeting at which the Maze Garden debacle was discussed, Ms. Gibbs explained the people involved were a bit unsure about what was going to happen with the relocation of the garden because nothing was in writing. Noting that there was talk about relocating it behind the Boys and Girls Club on the Greenway, Ms. Gibbs said a group of students went to see if they could have that land but unfortunately cannot since Holy Infancy is building a soft bottom playground in that area. However, the group has approval of a location that is part of the Greenway between Webster and Taylor Streets where the Chinese Pavilion is located and native plants grow there. Ms. Gibbs informed the assembly that the group will work between that space on both sides. Ms. Gibbs advised that she will be meeting with a perma-culture edible garden designer and has a list compiled of the wants and needs from the students she works with and the younger children from the Boys and Girls Club. Noting they have some input from several residents, Ms. Gibbs invited anyone from this Council Meeting who wants to have some input into what will go into that space to please feel free to talk to her after the Meeting. Ms. Gibbs said she would be glad to give out her information so that she can be contacted. She added there are plans to have an art space, edible trees, edible plants, and many annuals. Hopefully, the group will be growing tomatoes, cucumbers, and other vegetables. Ms. Gibbs pointed out that unfortunately they did not get the space they wanted to have but fortunately they have a space a bit farther down and will try to work in that space. Ms. Gibbs stated that the group wants to work with everyone, wants the City to be cohesive, and wants to work with Council Members, business owners and anyone else.

City Solicitor William Leeson inquired about Council’s consideration of the Resolution for the Boutique at the Rink. President Reynolds affirmed it will be voted on at the next City Council Meeting on February 18.

The meeting was adjourned at 8:15 p.m.