Bethlehem Council MInutes

10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, April 1, 2014 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

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.

Boy Scout Troop 362

President Reynolds recognized members of Boy Scout Troop 362 from East Hills Moravian Church who were in attendance at the Meeting to work on their Citizenship in the Community Merit Badge and their Troop Leader Dr. Sally Haggerty.

CITATIONS

President Reynolds stated that the Citations for Robert Baer, Glenn Carraghan, and Thomas Fritz on the occasion of their 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 March 18, 2014 were approved.

3. PUBLIC COMMENT

None.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

1. Article 112 – Campaign Finance Reports

5. COMMUNICATIONS

A. Director of Budget and Finance – Pension Fund Resolutions

The Clerk read a memorandum dated March 18, 2014 from Mark W. Sivak, Director of Budget and Finance, to which were attached three proposed pension Resolutions for the Police, Fire, and Officers and Employees pension funds. The City is changing the method for determining the actuarial value of assets from a five-year smoothed method to market value that is normally used for determining the actuarial value of assets.

President Reynolds stated that the Resolutions will be placed on the April 16 Agenda.

B. City Solicitor – Use Permit Agreement for Public Property – Greater Lehigh Valley Chamber of Commerce – Downtown Bethlehem Association – Tunes at Twilight – Nevin Place

The Clerk read a memorandum dated April 1, 2014 from William P. Leeson, Esq., City Solicitor, referencing a memorandum of March 28, 2014 to which was attached a proposed Resolution and Use Permit Agreement for Public Property between the City and the Greater Lehigh Valley Chamber of Commerce, by and through its Downtown Bethlehem Association, for the use of Nevin Place (adjacent to Sun Inn Courtyard) for Tunes at Twilight for the dates and times according to the Resolution.

President Reynolds stated that the Resolution will be placed on the April 16 Agenda.

C. Director of Public Works – Vendor License Renewal – Easy Weenies

The Clerk read a memorandum dated March 27, 2014 from Michael Alkhal, Director of Public Works, requesting a Resolution for a Sidewalk Vendor Application Renewal submitted by Chris Morales, Easy Weenies, for a sidewalk vending cart located at 15 West Fourth Street with proposed business hours of 10 AM-6 PM, 12 AM-4 AM Monday/Tuesday-Saturday/Sunday for the renewal period of March 20, 2014 to March 20, 2015. The Application Renewal Fee of $400 has been paid, and the Renewal Application meets the requirements that include, but are not limited to, right of way permit, insurance, health, business privilege, etc. There appears to be no changes from the previous application.

President Reynolds stated that the Resolution will be placed on the April 16 Agenda, unless the Community Development Committee wishes to review the matter.

6. REPORTS

A. President of Council

None.

B. Mayor

Continuous Improvement

David Brong, Business Administrator, informed the Members that on Friday, March 28, 2014 senior management of the Administration attended a day long Continuous Improvement retreat. He said the goal of the retreat was to have senior management provide individual presentations on 2013 accomplishments, and 2014 initiatives. Mr. Brong advised that many high quality initiatives were presented that will directly impact revenues and expenses or alternately improve execution. Mr. Brong noted the group is presently in the process of refinement to insure there is cross functional coordination and will be establishing quarterly progress reviews.

C. Community Development Committee

Mr. Callahan, Chairman of the Community Development Committee, presented an oral report of the Committee’s meeting held on Wednesday, March 26, at 7:00 PM in Town Hall. The Committee considered the following: 2014 Bethlehem Events – Chamber of Commerce; and Proposal for the Reorganization of the Community and Economic Development Department.

Mr. Callahan thanked Lynn Collins Cunningham of the Chamber of Commerce for attending the Committee’s meeting to go over some of the events that will be presented over the course of the year. Mr. Callahan reported that also discussed at the meeting was the possibility of a having an Italian Festival. Mr. Callahan explained that because of the harsh winter a number of business owners on Main Street have struggled, and the idea of an Italian Festival is to try to get more foot traffic on the Main Street area over the summer months. Mr. Callahan reported that discussion of an Italian festival generated a lot of interest and within the first 6 hours after it was proposed he and Mrs. Cunningham had been contacted by numerous sponsors including corporate sponsors that are very interested in it. He thought it might get a bit bigger than envisioned for the first year. Mr. Callahan noted a number of volunteers have come forward, including an email from a person in Pittsburgh, Pennsylvania, who want to become involved. Mr. Callahan communicated if there can be more foot traffic on Main Street to help out the business owners he believes it will be a great thing for Bethlehem. Chairman Callahan noted that, concerning the proposal on the reorganization of the Community and Economic Development Department, there were a number of questions, and he appreciated the answers from Alicia Karner, Director of Community and Economic Development. Chairman Callahan advised the proposal was moved to the Finance Committee for review.

D. Parks and Public Property Committee

Ms. Dolan, Chairwoman of the Parks and Public Property Committee, presented an oral report of the Committee’s meeting held this evening at 6:00 PM in Town Hall prior to the City Council Meeting. The Committee considered the following: Use Permit Agreements – Musikfest 2014-2015-2016; and Article 941 – Parks – Discussion on Updating. The Committee unanimously recommended that Council adopt the Resolutions for the Use Permit Agreement. The Committee will be holding a future meeting to further review Article 941.

7. ORDINANCES FOR FINAL READING

None.

8. NEW ORDINANCES

A. Bill No. 8 – 2014 – Amending Article 135 – Bethlehem Area Public Library – Lower Saucon Township – Withdrawal

The Clerk read Bill No. 8 – 2014 – Amending Article 135 – Bethlehem Area Public Library – Lower Saucon Township – Withdrawal, sponsored by Ms. Dolan and Mr. Evans, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 135 OF THE CODIFIED ORDINANCES
ENTITLED BETHLEHEM AREA PUBLIC LIBRARY.

President Reynolds noted that, due to Lower Saucon Township’s withdrawal as a member of the Bethlehem Area Public Library, the City of Bethlehem’s representation would be reduced by one member. President Reynolds asked John F. Spirk, Jr., Esq., City Council Solicitor, to explain the matter.

Attorney Spirk stated that when the Ordinance was originally adopted for the Library there was a formula for how many members the City would have and how many members would be from the other joining communities. By that formula, if a member of a community withdraws, their seat is eliminated and a City seat is also eliminated. According to the Ordinance, at all times the City must maintain a total of three votes more than all the outlying communities who are members. Because Lower Saucon Township is no longer a member of the Library, their seat is gone and a City seat must also be deleted. The total municipal membership will now be reduced from 13 to 11 under Bill No. 8 – 2014 but the City still has three more seats than those seats for the outlying member municipalities. The Ordinance before Council merely reflects that change.

President Reynolds pointed out that City Council traditionally has had one Member of Council on the Library Board. When President Reynolds became President of Council in January 2014 he resigned his seat. Generally, that would have led to appointment of another Member of City Council to the Library Board. However, due to the withdrawal of Lower Saucon Township, the City lost a seat as well. President Reynolds advised it had been his intention to appoint Ms. Reuscher to the Library Board to fill his unexpired term. He informed the assembly that Ms. Reuscher has graciously agreed to attend Library Board meetings although she will not be a voting member.

President Reynolds asked if the Administration has started to think ahead with the withdrawal of Lower Saucon Township as far as any effect it might have on the annual contribution of the City to the Library going forward.

Mr. Brong stated that the exit of Lower Saucon Township was anticipated and the effect was budgeted. Mr. Brong noted that the Library has done an excellent job reducing its own costs, and this year the City is not seeing any additional contribution because of that. Mr. Brong indicated there may be a budgetary effect going forward and the Administration will watch it.

President Reynolds commented that, as a previous member of the Library Board, Mr. Brong is correct in noting it was over a year during which the matter of the withdrawal was discussed, and the Library has made some proactive cuts, some partly because of State funding and some because of their own financial situation. President Reynolds pointed out it is an important thing for Council and the Administration to look at moving forward. He added there is not much choice but to accept the withdrawal of Lower Saucon Township.

Mr. Evans inquired whether President Reynolds as the appointee last year was aware of comments or discussions about whether any of the remaining members that are Fountain Hill, Hanover Township, and Bethlehem Township, would move in the same direction as Lower Saucon Township.

President Reynolds, acknowledging he does not wish to speak for any of them, thought that the representatives from those particular municipalities have indicated an interest in staying a member. However, President Reynolds pointed out he is not sure of the status of their budgets.

Mr. Evans queried whether, as a result of the proposed Ordinance, there would be no change in the hours of operation, programs, etc. of the Library. Mr. Brong said that is correct. President Reynolds affirmed the Library’s Budget that was voted on last year reflects the change regarding Lower Saucon Township’s withdrawal, and would not affect hours or programs, etc.

Voting AYE: Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, and Mr. Reynolds, 7. Bill No. 8 - 2014 was passed on First Reading.

B. Bill No. 9 – 2014 – Amending Article 307 – Video Amusement Arcades – Section 307.06(e)

The Clerk read Bill No. 9 – 2014 – Amending Article 307 – Video Amusement Arcades –
Section 307.06(e), sponsored by Mr. Evans and Mr. Callahan, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
ARTICLE 307 OF THE CODIFIED ORDINANCES
ENTITLED VIDEO AMUSEMENT ARCADES.

Ms. Dolan asked what is the genesis for the proposed change.

Matthew Kloiber, Assistant City Solicitor, replied that Kids Quest is planning to have an arcade facility at the Sands Outlet Center. The existing Ordinance would not allow children under the age of 17 to be there. The concern of Kids Quest is if parents and adults are at the Sands or the Outlet Center who have children with them but are from outside the area, those children would not be able to go to the arcade under the Ordinance as presently written. Attorney Kloiber affirmed the request came from Kids Quest to change the language in the Ordinance to be applicable to children from the Bethlehem Area School District who would not be permitted at the arcade between the hours of 8:00 a.m. and 3:00 p.m. when Bethlehem area schools are in session.

Ms. Dolan asked how the Ordinance would be enforced. Attorney Kloiber indicated it would be enforced by the Police Department. Ms. Dolan asked whether the truancy laws would cover the situation.

Attorney Kloiber, indicating it would, explained the concern is the children who do not attend the Bethlehem Area School District when they would be at the arcade.

Ms. Dolan, observing it would be a law regulating what kids can and cannot do when school is in session, pointed out it would become a responsibility for the City’s Police Officers to monitor and could be unenforceable. Highlighting the fact that the City is not the parents or the School District, Ms. Dolan communicated she does not think the proposal would be the job of City Council. Questioning if there is a reason why there has to be a law such as is being proposed, Ms. Dolan wondered whether the entire Ordinance should be repealed.

Mr. Waldron asked if the current Ordinance was ever enforced.

Attorney Kloiber, affirming it is an old Ordinance that is outdated, commented the Administration would not be opposed to repealing it as was mentioned. Attorney Kloiber commented he is not sure how much the Ordinance has been enforced over time. Attorney Kloiber further informed Mr. Waldron that he is not aware of any discussion with Kids Quest to repeal the Ordinance entirely.

Mr. Evans, noting he has some of the same thoughts, said based on the comments of Ms. Dolan and Mr. Waldron he would also support a move to repeal Article 307.06 (e) in its entirety. In view of truancy laws that exist, Mr. Evans stated it does seem a bit redundant, and observed it would seem difficult for the Police to enforce when there is already a law in place regarding this type of behavior.

Ms. Dolan added it is also very broad because there could be children under 17 at the arcade. Ms. Dolan stated she would make a motion to repeal it, rather than the Police having to patrol arcades.

Mr. Recchiuti asked, before Section 307.06 (e) would be repealed, what is the language in the remainder of Section 307.06. Attorney Kloiber noted he would need to review the Section in order to address the question.

John F. Spirk, Jr., Esq., City Council Solicitor, advised if Council would want to repeal the Section it would require revisiting the matter, and addressing it through a separate process.

Ms. Dolan asked if it would make sense to postpone consideration of Bill No. 9 – 2014 so that at a subsequent meeting the proposed Section could be voted down perhaps and other Sections repealed.

Attorney Spirk, referring to Roberts Rules of Order, noted that in tabling the Bill it recognizes that something unforeseen came up at a meeting that prevented the Members from dealing with it because additional information was needed in order to make a further determination at a future meeting.

Mr. Recchiuti, noting he has now looked at the Section, thought it is something that the Solicitors would have to review and discuss in view of the fact that the Section addresses license requirements and fees and other provisions.

Tabling Bill No. 9 – 2014 – Amending Section 307.06 (e) – Video Amusement Arcades

Ms. Dolan moved to Table Bill No. 9 – 2014. Mr. Callahan seconded the motion. Voting AYE: Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, and Mr. Reynolds, 7. Bill No. 9 - 2014 was Tabled on First Reading.

C. Bill No. 10 – 2014 – Amending Article 139 – Authorities – Addition of Bethlehem Revitalization and
Improvement Authority (BRIA)

The Clerk read Bill No. 10 – 2014 – Amending Article 139 – Authorities – Addition of Bethlehem Revitalization and Improvement Authority (BRIA), 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 139, AUTHORITIES, BY
ADDING THE BETHLEHEM REVITALIZATION
AND IMPROVEMENT AUTHORITY.

Voting AYE: Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, and Mr. Reynolds, 7. Bill No. 10 - 2014 was passed on First Reading.

9. RESOLUTIONS

A. Authorizing Lease Agreement – Police Substation – 60 West Broad Street, Suite 99a – Posh
Properties No. 32 Bowlarama Limited Partnership

Ms. Dolan and Mr. Evans sponsored Resolution 2014-42 that authorized a Lease Agreement between the City and Posh Properties No. 32 Bowlarama Limited Partnership for premises at 60 West Broad Street, Suite 99a, for a Police Substation for one (1) year, according to the Agreement.

Voting AYE: Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, and Mr. Reynolds, 7. The Resolution passed.
Motion – Considering Resolutions 9 B through 9 D as a Group – Certificates of Appropriateness

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

B. Certificate of Appropriateness – 201 Broadway

Mr. Recchiuti and Ms. Dolan sponsored Resolution 2014-43 that granted a Certificate of Appropriateness to remove existing price faces on pylon sign and install new, non-flashing LED price faces at 201 Broadway.

C. Certificate of Appropriateness – 119-123 East Third Street

Mr. Recchiuti and Ms. Dolan sponsored Resolution 2014-44 that granted a Certificate of Appropriateness to replace first floor windows and doors, replace openings with bronze egress windows, install pressure treated stairs from third floor to second floor and second floor to street, install a rear six-panel door for egress with pressure treated stairs, and stucco existing openings at 119-123 East Third Street.

D. Certificate of Appropriateness – 30 West Fourth Street

Mr. Recchiuti and Ms. Dolan sponsored Resolution 2014-45 that granted a Certificate of Appropriateness to demolish the existing mixed use building and construct a seven-story mixed use building at 30 West Fourth Street.

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

10. NEW BUSINESS.

Rescheduling First City Council Meeting in November

Mr. Callahan and Ms. Reuscher moved to reschedule the second City Council Meeting in April to Wednesday, April 16, 2014 at 7:00 PM in Town Hall, since the first day of Passover is Tuesday, April 15, 2014.

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

Committee Announcements

Chairman Recchiuti announced a Finance Committee meeting on Tuesday, April 15 at 7:00 PM in Town Hall.

Chairman Evans re-announced a Public Safety Committee meeting on Wednesday, April 16 at 6:00 PM in Town Hall before the Council Meeting.

Boy Scouts

Mr. Callahan, thanking the Boy Scouts from Troop 362 for being in attendance at the Council Meeting tonight, noted he was in the Boy Scouts when he grew up. Mr. Callahan commented he thinks that in the future, the Troop members will look back at the time they were involved in the organization with a lot of great memories. He added the Boy Scouts are doing a great thing for the City, their families, and the community.

Environmental Advisory Council – Increasing Membership

Ms. Dolan, referring to her comments at the March 18, 2014 City Council Meeting about the possibility of adding two more members to the Environmental Advisory Council (EAC), informed the Members that Council Solicitor Spirk advised her that two members cannot be added to the EAC, in accordance with State Law. However, Ms. Dolan pointed out that the EAC can have alternate members, and in light of those interested in the EAC she will be recommending that.

Lights in Town Hall

Ms. Dolan highlighted the fact that new lights were installed in Town Hall that are brighter, produce less heat, use less energy, and have a longer life than the previous lights. Ms. Dolan thanked the Parks and Public Property Department for the improvement that is part of the Energy Efficiency project at City Hall and other City buildings.

11. PUBLIC COMMENT

Creation of Rail Transit Authority

Kirk Raup, 818 W. Union Boulevard, noted that some individuals were not Members of Council last October 2013 when each of the cities of Allentown, Bethlehem, and Easton passed Resolutions supporting the creation of a Rail Transit Authority. Mr. Raup affirmed he circulated a memo to the Mayors and Council Presidents of the three cities to ask that a Resolution or Ordinance be adopted for the actual formation of a Rail Transit Authority, naming board members, and adopting Articles of Incorporation. Mr. Raup explained that he included in the memo names of several well-qualified individuals who are interested in serving on the initial board. Mr. Raup expressed his hope that the matter could get underway as soon as possible. Mr. Raup informed the Members that the two rails lines from Philadelphia and New York meet in Bethlehem and it would be appropriate for Bethlehem along with Easton to take the initiative. Mr. Raup thought that action by all three cities could be accomplished in about 60 days. Advising that afterwards an application can be made to the State for a small amount of funding, Mr. Raup mentioned that he has exhausted his resources on the proposal, and added he is not intending to ask the cities for funding that he knows is not there. Mr. Raup highlighted the fact that there are numerous details associated with the proposal. He communicated that this type of transportation that was let go many years ago but should not have been deserves to be taken back.

President Reynolds stated that a memo would be sent so that the Administration and Council could move forward on this matter.

Tabling Bill No. 9 – 2014 – Amending Section 307.06 (e) – Video Amusement Arcades

Tom Carroll, 248 E. Union Boulevard, said he was encouraged by the thought process in tabling Bill No. 9 and the questions about who is really responsible that is the parents and other parties. Mr. Carroll appreciated the thought process about keeping government out of places where it does not belong. Mr. Carroll further communicated that, in terms of the concept of enforceability, anytime an Ordinance can be passed does not necessarily mean it should. He noted that, if the burden is put on the Police to enforce Ordinances that cannot be enforced, respect is not only lost for that Ordinance but every Ordinance that is passed.

Graffiti – Unit Block of West Broad Street

Mr. Carroll informed City officials there is prominent graffiti on the building in the unit block of West Broad Street across from the former Boyd Theatre that has been there a while. Mr. Carroll asked if someone could look into the matter, especially since it is directly in the downtown area and can send a message by being allowed to remain there.

Lease – Illick’s Mill

Stephen Antalics, 737 Ridge Street, advised that after the last City Council Meeting he was approach by the CEO of the Fox Environmental Center and thanked for making public the issue of the lease situation since the Center had been trying to resolve the lease issue for a number of years. Mr. Antalics recalled through hearsay that there was a lease prepared in the past that the Center refused to sign. Mr. Antalics continued on to say a visit to the Law Bureau revealed that the Bethlehem Authority leased Illick’s Mill to the City and the City sublet it to Illick’s Mill Foundation in 2000 and then was amended because of a name change to Illick’s Mill Partnership in 2006. Mr. Antalics advised that inquiry via the Pennsylvania Right to Know Law into the alleged lease which was never signed was denied to him since it was a draft, unexecuted lease. Mr. Antalics asked if the 2006 amended lease was in effect why was there a need for a second lease, and wondered if it is because the site is now occupied by Fox Environmental Center. Mr. Antalics said he was made privy to a memo dated March 11, 2014 by the Fox Environmental Center CEO regarding a meeting with the CEO and the Administration to determine whether a lease did or did not exist, and the conditions. Mr. Antalics stated that memo was sent to City Council. Mr. Antalics queried, if the 2000 lease is in effect and Illick’s Mill Partnership sublets the site to Fox Environmental Center, would that create problems if there is no lease. Mr. Antalics remarked that the Bethlehem Authority as owner of the site is very concerned about this since the Fox Environmental Center rents the site for private functions for a fee. In the absence of a lease, it is public property. Mr. Antalics further commented what the Bethlehem Authority is concerned about is whether that could affect the tax exempt status of the Bethlehem Authority. Mr. Antalics continued on to ask, in the absence of a lease, if alcoholic beverages are served at functions and an incident occurs who might be responsible. Mr. Antalics asserted this question should have been asked a long time ago. Mr. Antalics, stating he has asked fair questions to the people who are his public servants that he has a right to do as a citizen, stressed he demands an answer, but he is not getting any. Mr. Antalics remarked that the public servants are obligated to give citizens a public answer.

The meeting was adjourned at 7:50 p.m.