Bethlehem Council MInutes

10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, July 15, 2014 – 7:00 PM

 

INVOCATION

            Rabbi Michael Singer, of Congregation Brith Sholom, offered the invocation which was followed by the pledge to the flag.

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, Adam R. Waldron, and J. William Reynolds, 6.  Cathy Reuscher was absent, 1.

CITATIONS

President Reynolds presented a Citation to Robert Tomecek on the occasion of his retirement from the EMS Bureau after 26 years of service.  The Members of Council applauded Mr. Tomecek and wished him well in his retirement.
           
            President Reynolds stated that the Citations for Scott D. Felchock on the occasion of his retirement from the Police Department, and Frank Kocsi, Jr. on the occasion of his retirement from the Fire Department will be mailed to them since they were unable to attend the meeting.

            Executive Session

            President Reynolds announced that City Council met in Executive Session this evening, Tuesday, July 15, 2014 at 6:00 PM in the Mayor's Conference Room.  The purpose of the Executive Session was for City Council to receive an update from the Administration on pending litigation and lawsuits filed against the City.

2.         APPROVAL OF MINUTES

The Minutes of July 1, 2014 were approved.

3.         PUBLIC COMMENT
           
            None.

4.         OLD BUSINESS.

A.        Members of Council

            None.

B.         Tabled Items

            None.

C.         Unfinished Business

            Noise – Motorcycles on Main Street

Mr. Callahan queried if Mayor Donchez has received any information from Police Chief Mark DiLuzio about the noise from motorcycles on Main Street that he mentioned at the last Meeting.

            Mayor Donchez, noting that Chief DiLuzio is on vacation, asked Todd Repsher, Deputy Police Chief, if he had any information.

 

            Deputy Police Chief Repsher stated he will speak to Mr. Callahan later and that this actually falls under the State inspection law.

            Mr. Callahan added that another citizen asked him about the matter the other day. 

5.         COMMUNICATIONS

A.        Law Bureau – Records Destruction Resolution

The Clerk read a memorandum from William A. Karras, Esq., Legal Assistant, dated July 1, 2014 to which was attached a proposed Resolution for the destruction of records from the Controller’s Office.  The Law Bureau reviewed the Municipal Records Retention Act and the records fall within categories where destruction is permitted.

President Reynolds stated that the Resolution will be listed on the August 5 Agenda.

B.         Director of Parks and Public Property – Proposed Revisions – Article 941 – Parks

            The Clerk read a memorandum dated July 3, 2014 from Ralph Carp, Director of Parks and Public Property, to which was attached recommended changes to Article 941 – Parks.

            President Reynolds referred the matter to the Parks and Public Property Committee.

C.         Police Chief – Special Event Parking Fines – Musikfest

            The Clerk read a memorandum dated July 8, 2014 from Mark DiLuzio, Chief of Police, requesting consideration of a proposed Resolution approving increased parking fines for Special Event Parking during Musikfest 2014.  The time period covered will be from 12:00 PM on Friday, August 1, and last through 11:59 PM on Sunday, August 10, 2014.  The Special Events Parking Districts will remain the same as last year according to the map provided.

            President Reynolds stated Resolution 9 C is listed on the Agenda.

D.        Director of Parks and Public Property - PA Department of Community and Economic Development – Watershed Restoration and Protection Grant

            The Clerk read a memorandum dated July 7, 2014 from Ralph Carp, Director of Parks and Public Property, to which was attached a proposed Resolution authorizing an application for a Pennsylvania Department of Community and Economic Development Watershed Restoration and Protection grant to assist with the Monocacy Park Restoration and Creek Bank Stabilization project in the area of Illick’s Mill.  The grant request is in the amount of $119,000 and requires a 15% match that has been obtained through a Pennsylvania Department of Environmental Protection Growing Greener Grant.

            President Reynolds stated Resolution 9 D is listed on the Agenda.

E.         Director of Community and Economic Development – Fair Housing Officer

            The Clerk read a memorandum dated July 9, 2014 from Alicia Karner, Director of Community and Economic Development, requesting consideration of a Resolution to name Jessica Khouri as Fair Hosing Officer for the City of Bethlehem.

            President Reynolds stated that the Resolution will be listed on the August 5 Agenda.

F.         Law Bureau – Amending Article 913 – Water Rates and Charges - Water Rate Increase

            The Clerk read a memorandum dated July 11, 2014 from William A. Karras, Esq., Legal Assistant, to which was attached a proposed Ordinance to amend Article 913 – Water Rates and Charges to reflect the water rate increase.

            President Reynolds stated that the Ordinance will be listed on the August 5 Agenda for First Reading.

 

G.        City Solicitor – Use Permit Agreement for Public Property - Greater Lehigh Valley Chamber of
            Commerce – 2014 Bethlehem VegFest

            The Clerk read a memorandum dated July 11, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a proposed Resolution and associated Use Permit Agreement between the City of Bethlehem and the Greater Lehigh Valley Chamber of Commerce, by and through its Downtown Bethlehem Association, for use of the Bethlehem Greenway for the Bethlehem VegFest on August 23, 2014, according to the Agreement.

            President Reynolds stated that the Resolution will be listed on the August 5 Agenda.

H.        Request for Intermunicipal Liquor License Transfer – 530 Pembroke Road

            The Clerk read a letter dated July 10, 2014 from Attorney Paul J. Harak, representing Weston Place, LLC, requesting approval of an Intermunicipal Liquor License Transfer from Phoenicia Fine Middle Eastern Cuisine LLC, previously having a principal place of business at 154 Northampton Street, Easton, Northampton County, Pennsylvania, to 530 Pembroke Road, Bethlehem, Northampton County, Pennsylvania.

            Scheduling Public Hearing

            Mr. Recchiuti and Mr. Callahan moved to schedule a Public Hearing on Tuesday, August 5, 2014 at 5:30 PM in Town Hall.  Voting AYE:  Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Mr. Waldron, and Mr. Reynolds, 6.  The motion passed. 

6.         REPORTS

A.        President of Council

            None.

B.         Mayor

            Five Year Financial Plan; Proposed 2015 Budget

Mayor Donchez affirmed that the Administration continues to inform the Members of Council about the 5 year financial plan.  Mayor Donchez stated that the Administration started today to engage the individual Departments to begin work on the Proposed 2015 Budget, about two months earlier than in the past.  Mayor Donchez explained the Departments were provided with an outline of what is expected to be in the 2015 budget.   Mayor Donchez further stated that the City’s Water Filtration Plant has been awarded for the sixth consecutive year in a row the AWOP award (Area Wide Optimization Program), and Edward Boscola, Director of Water and Sewer Resources, may want to make a few remarks. 

AWOP Award (Area Wide Optimization Program) – Water Filtration Plant

            Edward Boscola, Director of Water and Sewer Resources, reported the City of Bethlehem was again fortunate enough to win another AWOP award.  He confirmed it is the sixth year in a row.  Expressing the hope it will continue, Mr. Boscola commented that under his leadership it has been going quite well as it was under former Director David Brong’s leadership.  Mr. Boscola highlighted the fact that the City is blessed with a very pristine water supply in the Poconos, and that goes a long way in helping the City keep these kinds of standards that the EPA and the DEP sets. 

City of Bethlehem 275th Anniversary Celebration - July 1, 2016 through 2017

            Mayor Donchez pointed out it was brought to his attention about a month ago that the City will be celebrating its 275th anniversary on July 1, 2016 through 2017, but it also marks the 100th year anniversary that the three boroughs merged into the City of Bethlehem.  Mayor Donchez advised he will be sending Members of Council in the future some memorandums on this event.  Mayor Donchez pointed out that in the archives, for which he thanks then Mayor Don Cunningham and then Library Director Jack Berk, there is all of the information from the 250th anniversary that was a 12 month celebration.  Stressing this is something the City has to start planning, Mayor Donchez

 

explained it was a community effort for the 250th anniversary, the organization’s finance committee raised over $1.3 million, and had events planned for 12 months beginning July through the following June.  Mayor Donchez said he will be providing information to City Council as the matter moves forward.
 
Wildlands Conservancy Award – Ralph Carp, Director of Parks and Public Property

Mayor Donchez highlighted the fact that, as was reported in the newspaper, Ralph Carp, Director of Parks and Public Property, received an award from the Wildlands Conservancy for his work with nature along the Lehigh River and the Monocacy Creek.

C.         Public Safety Committee

            Chairman Evans presented an oral report of the Public Safety Committee meeting on Tuesday, July 8, 2014 at 7:00 p.m. in Town Hall.  The Committee considered amendments to Article 1701.02 - Pennsylvania Uniform Construction Code - Sprinkler System Alarm Systems.  The Committee unanimously recommended that Council approve the Ordinance.  Mr. Evans advised that the Committee received updates on the following that were for information only:  Fire Department, EMS Bureau, Police and the 911 Communication Center. 

D.        Finance Committee

            Chairman Recchiuti presented an oral report of the Finance Committee meeting on Monday, July 14, 2014 at 6:30 p.m. in Town Hall.  The Committee unanimously recommended that Council approve Ordinances for the following:  Amending General Fund Budget – Health Bureau and Police Justice Assistant Grant (JAG), Amending Sewer Capital Budget – Pennworks Grant, Water Fund – Permanent Financing of Line of Credit; Debt Restructuring, Amending Water Capital Budget – Projects; and Amending Article 121.05 - Contracts; Personal Property Purchase.  The Committee unanimously approved three additional amendments to Article 121.05.

7.         ORDINANCES FOR FINAL READING

A.        Bill No. 18 – 2014 – PennVest Loan - $10,737,000
           
            The Clerk read Bill No. 18 – 2014 – PennVest Loan - $10,737,000, on Final Reading.

            Voting AYE:  Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Mr. Waldron, and Mr. Reynolds, 6.   Bill No. 18 – 2014, now known as Ordinance 2014-19, was adopted.

B.         Bill No. 19 – 2014 – Zoning Ordinance – Replacing Article 1317 – Floodway and Flood Fringe
            Districts

            The Clerk read Bill No. 19 – 2014 - Zoning Ordinance – Replacing Article 1317 – Floodway and Flood Fringe Districts, on Final Reading.

            Ms. Dolan noted that everything in the proposed Ordinance is required by the State so this is how every municipality is required to update their floodway and flood fringe districts in the new Zoning Ordinance.  Ms. Dolan added this follows closely on fairly recent revisions to the floodplain and how it is delineated in the State of Pennsylvania so that there are now different boundaries for floodplains and flood fringe districts.  She stated these are the new floodplains to help in understanding the importance of how to develop and what happens to possibly be able to develop in a floodplain. 

            Voting AYE:  Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Mr. Waldron, and Mr. Reynolds, 6.   Bill No. 19 – 2014, now known as Ordinance 2014-20, was adopted.

8.         NEW ORDINANCES

A.        Bill No. 20 – 2014 – Amending Article 1701.02 – Sprinkler System Alarms

            The Clerk read Bill No. 20 – 2014 – Amending Article 1701.02 – Sprinkler System Alarms, 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 1701 OF THE CODIFIED
ORDINANCES ENTITLED PENNSYLVANIA
UNIFORM CONSTRUCTION CODE.

            Ms. Dolan mentioned the International Building Codes (IBC) have changed and are updated on a regular basis so this is something that is required by IBC.

            Craig Baer, Deputy Fire Chief, explained it is not currently in the Code, but will most likely be in the Code the next time.  He advised that the City is trying to do this ahead of time before the next code series so that it can address some of the large warehouses that are currently being built in the City.

            Ms. Dolan asked if this is applicable to certain size buildings exclusively. 

            Deputy Fire Chief Repsher replied no, and pointed out it addresses engineering and needs for the size of the sprinkler system.  It could be a small building, and most small buildings would not have multiple sprinkler risers, so it would most likely be in a large building, but not specifically. 

            Voting AYE:  Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Mr. Waldron, and Mr. Reynolds, 6.   Bill No. 20 – 2014 was passed on First Reading.

B.         Bill No. 21 – 2014 – Amending Article 149 – Blighted Property Review Committee

            The Clerk read Bill No. 21 – 2014 – Amending Article 149 – Blighted Property Review Committee, 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 149 OF THE CODIFIED ORDINANCES
ENTITLED BLIGHTED PROPERTY REVIEW COMMITTEE.

            Voting AYE:  Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Mr. Waldron, and Mr. Reynolds, 6.   Bill No. 21 – 2014 was passed on First Reading.

9.         RESOLUTIONS

A.        Authorizing 2014 Edward Byrne Memorial Justice Assistance Grant (JAG)

Mr. Recchiuti and Mr. Callahan sponsored Resolution 2014-123 that authorized the Police Department’s application for the 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of up to $34,437 of which up to $23,193 will be allocated to the City of Bethlehem Police Department.  The remaining amount of up to $11,244 will be allocated to the City of Easton.  The City of Bethlehem will serve as fiscal agent for the grant, and will receive an administrative fee from the City of Easton in the amount of up to $1,124.  The grant will be used by the Police Department to continue improvements in computer hardware and software.

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

B.         Authorizing Amendment to Use Permit Agreement – ArtsQuest – Festival Sites – Musikfest

            Mr. Recchiuti and Mr. Callahan sponsored Resolution 2014-124 that authorized the execution of Amendment No. 1 to Use Permit Agreement for Festival Sites between the City of Bethlehem and ArtsQuest for Musikfest, according to the Agreement.

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

 

C.         Declaring Special Condition – Increased Parking Fines During Musikfest

            Mr. Recchiuti and Mr. Callahan sponsored Resolution No. 2014-125 thatdeclared a Special Condition under Article 531 of the Codified Ordinances for increased parking fines during Musikfest 2014 for the period from 12:00 Noon, Friday, August 1, 2014 through 11:59 PM on Sunday, August 10, 2014, with the areas to be affected on the North Side and South Side shown on attached Exhibit A.

            Ms. Dolan, commenting that she is fully in favor of the Resolution, queried if the City is getting the word out on the increased parking fines and if it is on the website.  Ms. Dolan wondered how the City lets people know that the fines are increased during this time period, is the City required to do this, and does it make an effort.

            Mayor Donchez stated he hopes this will be reported in the newspaper tomorrow, and if Council approves the Resolution the information will be placed on the City’s webpage. 

            Ms. Dolan asked if it will be on the webpage under Ordinances.

            Mayor Donchez stated he would have it put on the City’s homepage.

            Ms. Dolan noted this was what she was hoping to hear.

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

D.        Authorizing Application – PA Department of Community and Economic Development – Water
            Restoration and Protection Grant – Monocacy Park

            Mr. Recchiuti and Mr. Callahan sponsored Resolution No. 2014-126 that approved an application for a Watershed Restoration and Protection grant of $119,000 from the Commonwealth Financing Authority of the Commonwealth of Pennsylvania to be used for Rehabilitation of Monocacy Creek at Illick’s Mill, Monocacy Park.

            Ms. Dolan, expressing her understanding that this is a new grant, asked Ralph Carp, Director of Parks and Public Property, if this changes the timeline for the watershed restoration project.   Ms. Dolan added that she knows there have been multiple changes due to proper permits.
           
            Mr. Carp replied this is going to delay the actions by a year, and unfortunately the DEP has been dragging their feet.  Mr. Carp continued on to say the City actually just got approval of the permit today from the DEP to do the work.  It is too late in the season to look at construction now because of the stream restrictions.  The City would have to be complete with its construction by the first of October because of trout restrictions, so it could not complete the work.  Mr. Carp explained the grant is going to afford the City to be able to do not only the lower stretch but the upper stretch of the stream, and take phase I and phase II and combine them into one project.  Mr. Carp pointed out the City should save some money on mobilization by making two projects into one, and should get a more competitive bid as a result.  Mr. Carp added there will only be one disturbance to that stretch of the stream one time, and all the work will be done next year.

            Ms. Dolan asked what the exact parameters would be.

            Mr. Carp replied it would be Illick’s Mill Road to the dam. 

            Ms. Dolan wondered if it is just up to the dam and does not include the dam, but is past the bridge.

            Mr. Carp, responding yes, advised the first phase of the project was to go from Illick’s Mill Road to the bend of the stream but this will take it from the bend to the dam.

            Ms. Dolan believed this sounds like a great opportunity and asked if the permits will still be good in one year.

            Mr. Carp replied yes.

 

            Ms. Dolan remarked this will be all ready to go in 2015 and that sounds great.

            President Reynolds affirmed that City Council had received a memo that the Resolution needs to be amended to state that the Mayor and the Controller are the officials designated to execute the documents.  He noted that did not come forward on the initial paperwork.  President Reynolds notified the Members he will accept a motion to amend the Resolution. 

            Amending Resolution

            Mr. Callahan made the following motion: that the Mayor and Controller be designated as the officials to execute all documents and agreements, instead of Ralph Carp, Director of Parks and Public Property.   Ms. Dolan seconded the motion.

            Voting AYE on the motion:  Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Mr. Waldron, and Mr. Reynolds, 6.  The motion passed.

            Voting AYE on the Resolution, as amended:  Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Mr. Waldron, and Mr. Reynolds, 6.   The Resolution passed.

            Motion – Considering Resolutions 9 E through 9 J as a Group – Certificates of Appropriateness

            Mr. Callahan and Mr. Waldron moved to consider Resolutions 9 E through 9 J as a group.  Voting AYE:  Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Mr. Waldron, and Mr. Reynolds, 6.  The motion passed.

E.         Certificate of Appropriateness – 132 East Market Street

            Mr. Callahan and Mr. Evans sponsored Resolution No. 2014-127 that granted a Certificate of Appropriateness to paint the rear addition on house, fence and garage at 132 East Market Street.

F.         Certificate of Appropriateness – 232 East Wall Street

            Mr. Callahan and Mr. Evans sponsored Resolution No. 2014-128 that granted a Certificate of Appropriateness to re-roof the front porch and replace the box gutters and replace rear flat roof and rear mansard wall at 232 East Wall Street.

G.        Certificate of Appropriateness – 53 East Market Street

            Mr. Callahan and Mr. Evans sponsored Resolution No. 2014-129 that granted a Certificate of Appropriateness to change the color of the exterior brick at 53 East Market Street.

H.        Certificate of Appropriateness – 409 Center Street

            Mr. Callahan and Mr. Evans sponsored Resolution No. 2014-130 that granted a Certificate of Appropriateness to renovate the existing house – infill an existing window, adding a French Door, changing a door to a window, basement window replacement and adding a porch and pergola at 409 Center Street.

I.          Certificate of Appropriateness – 504 Main Street

            Mr. Callahan and Mr. Evans sponsored Resolution No. 2014-131 that granted a Certificate of Appropriateness to replace existing awning with a new logo awning at 504 Main Street.

J.          Certificate of Appropriateness – 55 East Church Street

            Mr. Callahan and Mr. Evans sponsored Resolution No. 2014-132 that granted a Certificate of Appropriateness to replace a sliding door with a custom French Door with divided lights at 55 East Church Street.

            Voting AYE on Resolutions 9 E through 9 J:  Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, Mr. Waldron, and Mr. Reynolds, 6.  The Resolutions passed.

 

 

10.       NEW BUSINESS. 

            City of Bethlehem; Water Supply

            Mr. Callahan, thanking the Mayor, Council, all the Departments and City workers, highlighted the fact that for many years the City has had unbelievable water.  Mr. Callahan further stated that many residents have complemented the City’s Movies in the Park program, and he added it has been well attended.  Mr. Callahan pointed out the City has been very fortunate in that it was named one of the top 10 Cities in Pennsylvania to live in, and came in at number 3.  Mr. Callahan remarked the City is getting recognized for something we already know which is that we have an unbelievable City.  He again thanked the Mayor, Administration, all the department heads and the City employees for their hard work. 

            Committee Announcement

            Mr. Recchiuti, on behalf of Chairwoman Reuscher, announced that the Parks and Public Property Committee will meet on Tuesday, July 29, 2014 at 7:00 p.m. in Town Hall on the subject of proposed amendments to Article 941 relating to the Parks.

11.       PUBLIC COMMENT

            Paving of Private Property; Alcohol in Parks; City Vehicles

            Stephen Antalics, 737 Ridge Street, recalled that at the last City Council Meeting a concerned citizen brought up the issue of the paving of a lot on private property and the fact that the Zoning Ordinance does not preclude paving, although other communities do.  Mr. Antalics noted this citizen stated that there could possibly be total paving of an area on Linden Street.  However, Mr. Antalics pointed out this has been happening on the South Side on student housing properties.  Mr. Antalics stressed the question is has this important issue been discussed by Council or by the Administration to amend the Zoning Ordinance to preclude this kind of thing.  He noted the City of Easton has this on College Hill.  Mr. Antalics said he would like to know if this has been looked into because this is a serious issue and the citizen kindly brought this to the attention of the two bodies here.  Mr. Antalics stated that, in looking at the revision of Article 941, he cannot tell what is being amended.  Mr. Antalics recalled that the provision in the Ordinance regarding where alcohol is allowed was brought up at a previous Committee Meeting, but he does not understand what is happening with this proposal.  Mr. Antalics questioned why have alcohol in public parks where it would create more problems for the Police.  Mr. Antalics addressed vehicles bought by the City with tax money in terms of private usage and also asked when will the City seals be put on all City vehicles other than vehicles engaged in undercover.  Mr. Antalics asserted that by having a City seal on a City vehicle it gives the citizens the ability to be overseers and to see abuse. 
 
            The meeting was adjourned at 7:45 p.m.