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Bethlehem Council MInutes
BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, August 19, 2014 – 7:00 PM
INVOCATION
Laura Lawrence, Baha’i Community of Bethlehem, 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, Cathy Reuscher, Adam R. Waldron, and J. William Reynolds, 7.
2. APPROVAL OF MINUTES
The Minutes of August 5, 2014 were approved.
3. PUBLIC COMMENT
Withdrawal of Resolutions - Request to Fill Open Positions – Housing Rehabilitation
President Reynolds informed the assembly that before turning to public comment he wanted to state that this afternoon the Mayor requested that City Council withdraw Resolutions 9 H and 9 I from this evening’s Agenda and that the Resolutions be placed on the Agenda for the next City Council Meeting on September 2, 2014.
Use Permit Agreement for Public Property – Celtic Classic 2014, 2015 and 2016
Attorney Kevin Kelleher, 901 W. Lehigh Street #200, stated that he is at the Meeting in his capacity as a member of the Board of Directors of the Celtic Cultural Alliance of the body and organization that presents the annual Celtic Classic Festival in late September. Attorney Kelleher informed the Members that what is before City Council tonight in Resolution 9 G are permits and approvals for the use of City property during the festival both this year and the following two years. Affirming that he will answer any questions Council may have, Attorney Kelleher advised he would like to highlight a new feature this year for the Celtic Classic Festival that will comprise portions of Main Street from Broad Street to Market Street. Attorney Kelleher, communicating that may raise some eyebrows, said he would answer any questions and allay any concerns Council may have. Attorney Kelleher explained that portion of Main Street will be used on Saturday and Sunday of the festival from 1:00 pm to 7:00 pm. This is being done as a test and the festival will proceed very cautiously in terms of how they may continue this in the future years. Attorney Kelleher continued on to say the Celtic Cultural Alliance is aware of any additional costs that may be associated with this proposed change and pursuant to approval will be in contact with the Administration regarding additional Police presence there as necessary. Attorney Kelleher expressed that the organizers appreciate the assistance of the Mayor and the Administration in putting this together for the consideration and review of City Council tonight. Attorney Kelleher emphasized the fact that the Celtic Cultural Alliance as part of Celtic Classic this year will not be bringing any outside vendors to the Main Street area. Rather, the Main Street business owners themselves have been invited to serve as food vendors for a flat fee of $200 each. Attorney Kelleher added those business owners will be accepting all of the cash and profits they may generate during the course of the weekend festival. Attorney Kelleher stated the festival hopes by doing this to involve the local businesses and certainly the Main Street merchants in what is done, and to have them as involved and invested as they can be. The executive director of the Celtic Cultural Alliance has worked very closely with all of the Departments to make sure this can be done following appropriate procedures and permits. Attorney Kelleher informed the Members that there will be an inclusion of the Main Street venue on the liquor license request to the Pennsylvania Liquor Control Board, and there will be a stage on Main Street placing the lay by on the east side of Main Street between Market and Walnut. There will be stage acts there from 1:00 pm to 7:00 pm on Saturday and Sunday, and will include both larger and more popular performers, as well as the traditional Celtic performers who have been at the Celtic Classic over the years. Attorney Kelleher advised the reason the organizers are asking to do this is because of the consistent increases in attendance over the last several years that have made the usual venues very crowded, and the concern that they may be losing attendance because of the overcrowding in the areas they had before. They hope to stretch the crowds out a bit and also to make them more aware of the Main Street businesses that exist and to have them enjoy the benefits. Attorney Kelleher pointed out the Celtic Classic had been in Johnston Park for several years, and that was not considered a preferable area at this time for a number of reasons. The cost would be higher than the Main Street venue in terms of renting and construction of tents, and in the event of bad weather and rain it becomes very muddy and untenable there. They also felt generally that if there were to be expansion of the site it should be somewhere new to bring some new life into the festival. Attorney Kelleher said he appreciates the consideration of Council for this proposal, and once again thanked the Mayor and the Administration.
President Reynolds thanked Attorney Kelleher, and noted if Council has any questions they can be raised when Resolution 9 is considered.
Waste and Recycling at Festivals
Peter Crownfield, 407 Delaware Avenue, thought that when festivals are approved by Council a requirement should be included that the festivals minimize waste, make a strong effort to eliminate or reduce the use of single use products, and that they do a very effective job of recycling. Mr. Crownfield added this has not been done in the past, it is not done at Musikfest, and has not been done at Celtic Fest. He felt it is irresponsible for the City to allow these major events to go on without this.
Amendment No. 2 to Sublease Agreement – Illick's Mill at Monocacy Park
Stephen Antalics, 737 Ridge Street, noting there is a sign at the Illick’s Mill site that says closed, remarked in view of that it seems to him that Resolution 9 B should be withdrawn and if it is not withdrawn he has problems with that. Mr. Antalics added this is because the newspaper noted it is closed and other events of a social nature will continue until the end of the year that in the past included birthday parties and weddings and other private events at a fee. He continued on to say the amended lease amends the 2006 lease, and the original 2000 lease clearly states that it would be limited to charitable, religious, and scientific educational purposes. Mr. Antalics stated that it does not allow, according to the lease, for private social events. Mr. Antalics stressed that he sees this as a violation of the lease which he has brought up before but nothing has been done. Remarking that he cannot imagine a wedding ceremony being toasted with a beer can, Mr. Antalics said he has unofficial information that beverages stronger than beer or 7% alcohol have been used and is hearsay but might be accurate. Mr. Antalics, pointing out that Article 941 says on no City property will beverages be allowed over 7% alcohol, asserted this is another violation and nothing has happened.
4. OLD BUSINESS.
A. Members of Council
None.
B. Tabled Items
None.
C. Unfinished Business
1. Article 112 – Campaign Finance Reports
5. COMMUNICATIONS
A. Legal Assistant – Records Destruction – Solicitor’s Office
The Clerk read a memorandum dated August 14, 2014 from William A. Karras, Esq., Legal Assistant, to which was attached a proposed Resolution for the destruction of records from the Office of the City Solicitor. 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 September 2 Agenda.
B. City Solicitor – Use Permit Agreement for Public Property – Incarnation of Our Lord Parish -
Fall Festival
The Clerk read a memorandum dated August 14, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a proposed Resolution and associated Use Permit Agreement between the City and Incarnation of Our Lord Parish for use of Laufer Street between Pierce Street and Buchanan Street for the Fall Festival on September 20, 2014.
President Reynolds stated that the Resolution will be listed on the September 2 Agenda.
C. City Solicitor – Amendment to Article 717 – Noise
The Clerk read a memorandum dated August 15, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a proposed amendment to Article 717.01 – Noise that is an additional exception to the unnecessary noise prohibition and limitations. The Administration supports this amendment which reflects an accommodation of concerns raised by ArtsQuest.
President Reynolds stated that the Ordinance will be placed on the September 2 Council Agenda for First Reading, unless the Public Safety Committee wishes to review the matter.
D. City Solicitor – Highway Safety Project Grant
The Clerk read a memorandum dated August 15, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a proposed Resolution and copy of the Highway Safety Project Grant Proposal and Budget Summary submitted by the Health Bureau to the Commonwealth of Pennsylvania Department of Transportation in connection with Community Traffic Safety Project Contract No. CTSP-2015-Bethlehem City-00016. The grant will provide funds through September 30, 2015 to address highway safety issues with intervention strategies targeting schools, community and family, heath care, enforcement and industry/workplace.
President Reynolds stated that the Resolution will be listed on the September 2 Agenda.
E. Bethlehem Area School District – Street Vacation – Ninth Avenue
The Clerk read a letter dated August 14, 2014 from Terence L. Faul, Esq., who serves as the Solicitor to the Bethlehem Area School District who is petitioning to vacate that portion of Ninth Avenue located north of West Union Boulevard on property owned by the School District utilized as the Nitschmann Middle School property. The property to be vacated is currently used as access to the Nitschmann Middle School Building. However, the planned demolition of the Nitschmann Middle School and reconstruction of the School on the property will require that this portion of Ninth Avenue be utilized other than for right-of-way purposes and is necessary to facilitate the construction of the new Nitschmann Middle School complex.
President Reynolds referred the matter to the Planning Commission.
F. Finance Committee Chairman – Amendments to Article 121.05 – Contracts
The Clerk read a memorandum dated August 18, 2014 from Michael D. Recchiuti, Chairman of the Finance Committee, to which was attached amendments to Section 121.05, Contracts, Personal Property Purchase, as revised by John F. Spirk, Jr., Esq., City Council Solicitor, for consideration on Final Reading of Bill No. 24 – 2014 – Amending Article 121.
President Reynolds stated that the Amendments will be considered later in the Agenda under Bill No. 24 – 2014.
6. REPORTS
A. President of Council
1. Councilmanic Appointment – Eric R. Evans – Recreation Commission
Ms. Dolan and Ms. Reuscher sponsored Resolution No. 2014-140 that reappointed Eric R. Evans to membership on the Recreation Commission effective until August 2019. Voting AYE: Ms. Dolan, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, and Mr. Reynolds, 6. Abstain: Mr. Evans, 1. The Resolution passed.
B. Mayor
1. Administrative Order – Michael Colon – Bethlehem Human Relations Commission
Ms. Dolan and Mr. Evans sponsored Resolution No. 2014-141 that appointed Michael Colon to membership on the Bethlehem Human Relations Commission to fill the open seat vacated by Vivian Butz whose term expired March 2014, effective until March 2017.
President Reynolds noted he believes there are a few openings on the Bethlehem Human Relations Commission. Mayor Donchez reported he forwarded to the City Clerk today two additional nominees that will then be a full complement of the Board. President Reynolds observed the full complement will bring the Board up to 9 members. Mayor Donchez stated that is correct.
President Reynolds noted the original legislation stated the City could have anywhere between 7 and 11 people on the Bethlehem Human Relations Commission. President Reynolds recalled that, previously, there were 11 members and wondered if it is the feeling of the Mayor to stay at 9 members. Mayor Donchez commented if Council wishes to go to 11 members that would be fine with him.
Ms. Dolan stated that Mr. Colon is very highly qualified and recounted that Council became familiar with him during the process of filling the empty seat on Council. Ms. Dolan said she is glad that some of the individuals who submitted their resumes to City Council for the vacant Council seat position are going for other positions in the City.
Ms. Reuscher added that she got to know Mr. Colon in January and cannot think of anyone better suited for this position, and that she believes he is an excellent choice.
Voting AYE: Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, and Mr. Reynolds, 7. The Resolution passed.
Musikfest
Mayor Donchez thanked all of the City workers involved in the 10 day Musikfest festival from August 1 through 10, 2014 and especially thanked Police Chief Mark DiLuzio, Deputy Police Chief Todd Repsher, and Fire Chief Robert Novatnack. Mayor Donchez pointed out there was much cooperation during the 10 day festival, and after the incident that occurred outside of the Musikfest grounds but unfortunately during the week of Musikfest. Mayor Donchez advised the City had cooperation from Northampton County Emergency Management, State Police, FBI, PALCB agents and ArtsQuest, and there was a great effort of working together. There were some special meetings several times during the week and everyone cooperated and attended. Saying he wanted to thank these people publicly, Mayor Donchez added this will be discussed more at a Public Safety Committee meeting, and reiterated it was a great example of working and cooperating together.
President Reynolds noted that Chairman Evans will announce a Public Safety Committee meeting later tonight having to do with the issue.
7. ORDINANCES FOR FINAL READING
A. Bill No. 22 – 2014 – Amending General Fund Budget – Health Bureau and Police Justice Assistant Grant (JAG)
The Clerk read Bill No. 22 – 2014 – Amending General Fund Budget – Health Bureau and Police Justice Assistant Grant (JAG), on Final Reading
Voting AYE: Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, and Mr. Reynolds, 7. Bill No. 22 – 2014, now known as Ordinance 2014-23, was adopted.
B. Bill No. 23 – 2014 – Amending Sewer Capital Budget – Pennworks Grant
The Clerk read Bill No. 23 – 2014 – Amending Sewer Capital Budget – Pennworks Grant, on Final Reading.
Voting AYE: Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, and Mr. Reynolds, 7. Bill No. 23 – 2014, now known as Ordinance 2014-24, was adopted.
C. Bill No. 24 – 2014 – Amending Article 121.05 – Contracts; Personal Property Purchase
The Clerk read Bill No. 24 – 2014 – Amending Article 121.05 – Contracts; Personal Property Purchase, on Final Reading.
Amendment to Bill No. 24 – 2014
The Clerk read the Amendment to Bill No. 24 – 2014, sponsored by Mr. Callahan and Mr. Recchiuti, as follows:
That the following in SECTION 1 that reads as follows:
121.05 CONTRACTS; PERSONAL PROPERTY PURCHASE
(a) Contract administration for the City, including, but not limited to authority as to preparation of specifications, letting of bids, award of contracts and payment of bills, heretofore vested in Council under Article XIX of the Third Class City Code, shall be vested in the Mayor and Department of Administration, to be exercised in accordance with the procedures adopted by the Mayor, except as follows:
(1) For the award of contracts for or the engagement of professional services, coordination with and approval by Resolution of City Council is required; and
(2) All contracts over $50,000 [$75,000] that are required to be bid by the provisions of the Third Class City Code shall be awarded by Resolution of City Council in a public meeting to the lowest responsible bidder, as identified by the Department of Administration.
(b) The Business Administrator shall file or cause to be filed monthly with the City Clerk a list by Department of each duly executed purchase order, identifying the vendor, the product or service purchased and the amount of each purchase order.
(c) The administration shall establish and maintain an ongoing prioritized contract monitoring function consistent with established best practices to ensure that the objectives of city contracts are accomplished and vendors meet their responsibilities.
(d) Used personal property may be purchased without formal bidding provided the following criteria are met:
(1) The request to purchase used personal property shall first be submitted by
the Purchasing Officer, together with justification therefore, to the Finance Committee for recommendation.
(2) Upon and after recommendation to the Finance Committee, Council, as a whole, shall have approved the request by resolution.
shall be amended to read as follows:
121.05 CONTRACTS; PERSONAL PROPERTY PURCHASE
(a) Contract administration for the City, including, but not limited to authority as to preparation of specifications, letting of bids, award of contracts and payment of bills, heretofore vested in Council under Article XIX of the Third Class City Code, shall be vested in the Mayor and Department of Administration, to be exercised in accordance with the procedures adopted by the Mayor, except as follows:
required to be bid by the provisions of the Third Class City Code, recommendation of the lowest responsible bidder by the Department of Administration, and approval by Resolution of City Council prior to contract execution are required.
provisions of the Third Class City Code, whenever an increase by 10% or more is recommended by the Administration, resubmission to City Council and approval by Resolution prior to execution of any increase are required.
of a contract with renewal clauses, the maximum amount of all renewals provided for beyond the original term shall be included as if all renewals were exercised.
(b) The Business Administrator shall file or cause to be filed monthly with the City Clerk a list by Department of each duly executed purchase order, identifying the vendor, the product or service purchased and the amount of each purchase order.
(c) The administration shall establish and maintain an ongoing prioritized contract monitoring function consistent with established best practices to ensure that the objectives of city contracts are accomplished and vendors meet their responsibilities.
(d) Used personal property may be purchased without formal bidding provided the following criteria are met:
(1) The request to purchase used personal property shall first be
submitted by the Purchasing Officer, together with justification therefore, to the Finance Committee for recommendation.
President Reynolds turned to Mr. Recchiuti to discuss his amendments to the Bill.
Mr. Recchiuti recounted that at the last City Council Meeting he had noted that he would be coming forward with amendments. Mr. Recchiuti stated he had conversations with David DiGiacinto, Controller, and there were also conversations between President Reynolds and Controller DiGiacinto. They discussed some of the implementation, practice and procedures that would go along with the proposed amendments to Section 121.05. Mr. Recchiuti advised that, as a result of those meetings, working with the Controller’s Office, and with City Council Solicitor John F. Spirk, Jr., Esq., they came forward with the new amendments. Mr. Recchiuti explained that the amendments include a provision as to what happens if there is a change in an approved contract. The proposed language is that if there is an increase of 10% or more the contract would be resubmitted to Council for approval. The other concern related to the point at which Council’s approval would be required and forthcoming. Mr. Recchiuti advised there is language proposed to make sure that City Council is the last step before the formal execution of the contracts. All of the negotiation is done prior to the contract coming before Council, much like a Use Permit or other contracts that Council approves now. Mr. Recchiuti, stating those are the main changes, confirmed that Controller DiGiacinto’s concerns were raised to Council and were addressed. Mr. Recchiuti thanked Mr. DiGiacinto for raising those concerns, and for his cooperation and help with this matter.
Voting AYE on the Amendment to Bill No. 24 – 2014: Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, and Mr. Reynolds, 7. The Amendment passed.
President Reynolds, stating that he echoes the comments made by Mr. Recchiuti, said he appreciates the work of Council Solicitor Spirk who was valuable in drafting language and also of Mr. DiGiacinto. President Reynolds pointed out that Controller DiGiacinto had reached out when Council started looking at the matter and had explained some of the things his office does on a day to day basis and it was certainly appreciated. He added that the comments were taken in context and amended as such.
Voting AYE on Bill No. 24 – 2014, as Amended: Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, and Mr. Reynolds, 7. Bill No. 24 – 2014, now known as Ordinance 2014-27, was adopted.
D. Bill No. 25 – 2014 – Amending Article 913 – Water Rates and Charges – Water Rate Increase
The Clerk read Bill No. 25 – 2014 – Amending Article 913 – Water Rates and Charges – Water Rate Increase, on Final Reading.
Voting AYE: Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, and Mr. Reynolds, 7. Bill No. 25 – 2014, now known as Ordinance 2014-25, was adopted.
E. Bill No. 26 – 2014 – Bethlehem Authority Water Revenue Bond – Water Capital Projects and
Refunding
The Clerk read Bill No. 26 – 2014 - Bethlehem Authority Water Revenue Bond – Water Capital Projects and Refunding, on Final Reading.
Mr. Callahan commented he believes this is a great deal for the City, the rates were locked in today, and this will retire the 2004 and 2010 Bonds along with the 1997 Emmaus Note. The City will write off the $6,000,000 Line of Credit along with obtaining $5,000,000 of new money for capital projects. Mr. Callahan pointed out there is still a savings of $700,000, he reiterated that this is a great deal, and stated that he will be voting yes on the Bill tonight.
Ms. Dolan observed this is the next step of what has been a very long term plan for the retirement of debt since Council first heard of this structure and how it will work about 5 or 6 years ago. Ms. Dolan, commenting she had wondered at that time whether she would ever get to see this day, affirmed it is good to know the City is on track and she is in favor of the Bill.
Mr. Evans stated he also wanted to echo his support. Highlighting the fact that this has been coming down the track for some time, Mr. Evans thanked the team and noted many of them are at the Meeting tonight including members of the Bethlehem Authority Board, and the Executive Director. Mr. Evans thanked David Brong, Business Administrator, and the former Director of Water and Sewer Resources, and Edward Boscola, current Director of Water and Sewer Resources leading this matter into the future. Mr. Evans thanked the consultants and the legal team who put the transaction together. Mr. Evans remarked it is an excellent plan, it meets all of the objectives both short term and long term as far as cash flow, and allows for future and near-term capital needs. Mr. Evans highlighted the fact that the interest rate environment turned out better than expected. Mr. Evans emphasized the fact that the Bond has an 8 year call feature that can provide flexibility and the ability to act or react to what may come up in 8 to 10 years. Mr. Evans stated he supports the transaction, he thinks it is a great deal, and he thanked everyone for the hard work and time that has gone into it.
Mr. Recchiuti remarked he also echoes the comments made already. Mr. Recchiuti thanked everyone for the hard work done on the Bond Issue. Mr. Recchiuti said he knows that this is a long time coming for Mr. Brong personally who has worked hard on this for years. Mr. Recchiuti recounted that in meeting with Mr. Brong year in and year out and going over the budgets of the Water Fund one of the things he always stressed was there is not enough money to spend on capital improvements. Mr. Recchiuti pointed out this plan provides that and is the key to making the water system one of the best in the State as it has been in the past years.
Ms. Reuscher said she adds to the other voices in saying thank you. Ms. Reuscher commented she thinks this is perfect timing to do this and it is the right thing to do.
Mr. Brong noted what Council has in front of them is the manifestation of a lot of work even as recent as today. He advised that those involved went to market for the bonds this morning and got final pricing this afternoon. Affirming that a few weeks ago City Council was presented with a proposal that was thought to be a very favorable operating plan, Mr. Brong highlighted the fact that the end result will yield an even more favorable operating plan. Mr. Brong advised what turned out to be good is even better and he thanked everyone for their hard work over the past few weeks.
Voting AYE: Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, and Mr. Reynolds, 7. Bill No. 26 – 2014, now known as Ordinance 2014-26, was adopted.
8. NEW ORDINANCES
None.
9. RESOLUTIONS
A. Approving Intermunicipal Transfer of Liquor License – 530 Pembroke Broad
Ms. Dolan and Mr. Evans sponsored Resolution 2014-142 that approved the Intermunicipal Transfer of Retail Restaurant Liquor License Number R-7878 owned by Phoenicia Fine Middle Eastern Cuisine LLC, formerly licensed to conduct business at 154 Northampton Street, Easton, Northampton County, Pennsylvania to 530 Pembroke Road, Bethlehem, Northampton County, Pennsylvania.
Mr. Evans expressed his support again for the Liquor License Transfer. Recounting that the proposal was discussed at the Public Hearing, Mr. Evans noted that the owner, Anthony Spagnola, is not at the Meeting tonight. Mr. Evans pointed out that the exciting part about the transfer is the rehabilitation of a building that had gone into disrepair. Mr. Evans communicated that to see investments being made in the community from Mr. Spagnola who is actively engaged and visible in the community is great in what it will do for the neighborhood and the surrounding area. Mr. Evans said he will support the Resolution tonight.
Mr. Waldron noted that when the applicant was at the Public Hearing there was a point raised that in the application it had not been spelled out that the restaurant was close to a non-profit.
Attorney Paul Harak, representing the applicant, Weston Place, LLC, affirmed the point was addressed, the revised application page was forwarded to the City Clerk’s Office, and will be submitted to the Liquor Control Board (LCB). It now references the fact that the Salvation Army is across the street. Attorney Harak, advising that the Pennsylvania LCB does a field investigation and sends an officer out who looks around the neighborhood, noted it was an inadvertent mistake and was corrected.
Voting AYE: Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, and Mr. Reynolds, 7. The Resolution passed.
B. Authorizing Amendment No. 2 to Sublease Agreement – Illick's Mill at Monocacy Park
Ms. Dolan and Mr. Evans sponsored Resolution 2014-143 that authorized the execution of Amendment No. 2 to Sublease Agreement between the City and Illick’s Mill Partnership/The Gertrude B. Fox Environmental Center at Illick’s Mill, a Non-Profit Corporation, according to the Agreement.
Ms. Dolan addressed the comments that were made under Public Comment earlier. Ms. Dolan clarified that the closed sign references the nature center that was inside of the Illick’s Mill building, and that the nature center is closed. Ms. Dolan advised that the non-profit that leases the building is still active. Ms. Dolan, in defining active, highlighted the fact that the non-profit is completing a stream bank restoration project that uses bio-technical engineering to improve the water quality and bio-diversity of the spring fed tributary to Monocacy Creek and that is in Monocacy Park. Ms. Dolan continued on to say there are $20,000 of improvements to WPA features in Monocacy Park enhanced by substantial volunteer labor, benches have been restored, and retaining walls have been restored. There also was restoration of 4 stone columns that mark the western gateway of Monocacy Park, and repair and restoration of a historic picnic table that features stone inlay chessboards. Ms. Dolan affirmed that the lights that had been destroyed many years ago on top of the columns going into the park are being replaced with beautiful period appropriate yet solar powered light fixtures. Ms. Dolan pointed out there is still quite a bit of mission based charitable work going on.
President Reynolds asked what is different that Council will be voting on tonight than what was in place for the past years.
Mayor Donchez replied what is before Council to vote on is an amendment to the lease and the change basically is that the City will receive a monthly stipend of $200 plus utility payments beginning April 2014. The lease goes until the end of January 2015. It is very similar to the old lease, but the amount is $200 per month plus the utility payment. The monthly rent under the previous proposal was $300.
President Reynolds inquired about the necessity for the lease.
Matthew Kloiber, Assistant Solicitor, advised the lease was put forward because over the years there was an intention of entering into a lease and updating it. Explaining that over the past few months the lease was being updated to provide current terms, Assistant Solicitor Kloiber stated the purpose moving forward was to provide an updated lease that recognizes the relationship as it was the understanding that at the Fox there is still non-profit work going on. This lease is to recognize the continued work and formalize an arrangement where the City would have $200 a month for rent and security. Assistant Solicitor Kloiber noted there were utilities that were owed under the prior lease, this lease term acknowledges and addresses those utilities, and also states how utilities will be addressed. He commented it is more to update and formalize the arrangement that the City had.
President Reynolds asked if this is the same amendment to the lease or the same proposed lease that had come forward previously, in April.
Assistant Solicitor Kloiber replied no and stated there have been discussions with Fox, the proposal was modified and signed by Fox, and the City and Fox were able to reach terms and agreements. He pointed out it is different than what was submitted in the months prior.
President Reynolds queried what the differences are between the proposed lease sent to Council in April that was called back by the Administration and this one.
Assistant Solicitor Kloiber believed the previous proposal was more extensive and the current proposal has streamlined what the terms were. The key difference was a revision that would allow for the monthly payment of $200.
President Reynolds asked why it was streamlined, and what has happened between then and now that has led to streamlining the lease.
Assistant Solicitor Kloiber responded what the City wanted to do was just to reach an agreement that would be agreeable to both sides. It was these terms by which the City was able to do that where it could get an agreement on both sides, and required the language in the current proposal. Assistant Solicitor Kloiber added the Administration is comfortable with the terms it was able to obtain, and it was a product of the negotiations and reaching an agreement that would be satisfactory for everyone.
President Reynolds noted the negotiations that Assistant Solicitor Kloiber referenced are between the Board at the Fox and the City.
Assistant Solicitor Kloiber stated that is correct.
President Reynolds asked if the Fox agreed to this particular lease.
Assistant Solicitor Kloiber replied that Andrew Bollinger has signed under this particular lease, the Board has discussed this, and they agreed to it, and it is being put forward after they approved it.
President Reynolds queried whether under the proposed lease Council had received previously there had been negotiations with the Board before that lease had come to City Council.
Assistant Solicitor Kloiber advised the Administration had discussions with Mr. Bollinger at some point with that proposal.
President Reynolds wondered if it was before the lease had come to City Council that they had discussions with Mr. Bollinger.
Assistant Solicitor Kloiber commented he believes they did.
Mayor Donchez reported the first discussions with Mr. Bollinger occurred in either March or early April when Mr. Bollinger became President of the Board. There was a meeting in City Hall to review the lease and that is when the process began to move ahead with Mr. Bollinger and with City Solicitor William Leeson. Mayor Donchez added as negotiations and correspondence took place over the ensuing months there was an Attorney who Mr. Bollinger referred Solicitor Leeson to, and there was correspondence back and forth between Solicitor Leeson and their Attorney. The parties arrived at the current compromise lease a few weeks ago, and Mr. Bollinger signed it. Mayor Donchez stated he does not know if the Board approved it, but he would think they did because Mr. Bollinger signed it. Mayor Donchez added he thinks both would agree, as public comments in both papers reported, it is a very fair lease to the Fox Center. Mayor Donchez pointed out it was his call to make the proposed lease effective April 1, 2014 and he made it April 1 simply because that is when Mr. Bollinger became part of the negotiations at the end of March. Mayor Donchez thought this was fair to Mr. Bollinger since he became active in the negotiations and correspondence along with their Attorney in that April 1 would be the starting point for the $200 per month monetary contribution to the City along with the payment of utilities. Mayor Donchez affirmed that he waived January, February and March 2014 from the payments, and that was his call.
President Reynolds stated his question would be when the first proposed lease came to Council.
Mayor Donchez reported he would have to check, and it probably was sent to the committee just for Council’s review, it might have dealt with the issue of the Parks and liquor. Mayor Donchez commented to the best of his recollection his first meeting with Mr. Bollinger was either late March or early April.
President Reynolds noted there has been much discussion about this over the past seven months that Council received a lease that by all reports he believes the Board at the Fox did not have a chance to go into negotiations about or discuss the lease. Generally, President Reynolds thought it made Council a little uneasy because in the past when Council looked at cooperative agreements such as leases for the Golf Course, or Celtic Classic like they are looking at today he is sure the parties were included in the negotiations. President Reynolds added that Council gets a product that has already been discussed between the Administration and whatever particular non-profit is being dealt with. President Reynolds explained his question is why was it different that there were no negotiations before Council received the initial lease in about February, and what made that particular negotiation different than this one today.
Mayor Donchez thought in going back to February the intent was the Administration wanted Council’s input on the lease, but then when Mr. Bollinger became involved in the meetings, and they were very productive and very positive along with his meetings with Solicitor Leeson. Mayor Donchez said the Administration took this to another level and he believes the positive is that the City does have a signed lease from Mr. Bollinger that will hopefully be approved by City Council. Mayor Donchez stated that Mr. Bollinger indicated last week that he would like to begin negotiations in the future to extend the lease.
Ms. Dolan stated that she wanted to clarify a few things. There was no communication with the Board of Directors prior to the release of the lease that was given to City Council that was mentioned. Ms. Dolan said she just wanted to make that clear. Ms. Dolan pointed out the biggest difference between the two leases is that one ends on January 2015 and one ended in the year 2032 that is a big difference. Ms. Dolan explained it is her understanding that this lease was written contingent on the fact that the Fox Center is closing, and it was to allow for the completion of contracts for private events on the second floor. Ms. Dolan pointed out this made it possible for that organization to make good on weddings and other kinds of party contracts that had already been signed and people were counting on, and she believes that was a good thing to do.
Mr. Callahan asked who is responsible for snow removal in the lease, and if the City will still be plowing the lot.
Mayor Donchez stated he believes so.
Assistant Solicitor Kloiber remarked he believes that is correct.
Mr. Callahan wondered as far as the maintenance he would assume that since the City owns the property if there is something wrong with the elevator or something goes wrong inside the building the City would be responsible for the repairs.
Mayor Donchez replied that technically the building is owned by the Bethlehem Authority and subleased from the Authority and the lease goes to the Fox Center.
Mr. Callahan queried as to who would be responsible if there were maintenance needs for the elevator.
Mayor Donchez advised it would be the City.
Mr. Callahan inquired where the idea of $200 monthly rent came from and the thought process with the amount.
Mayor Donchez explained that originally it was $300 a month and, as Ms. Dolan said, the lease was extended to help Ms. Sykes out because there were about 14 events planned between now and the end of the year, and there were two weddings planned in 2015, one in January and one in October. Mayor Donchez advised that because of the financial situation of the Fox Center he felt it was fair to reduce it by $100 and make it $200 per month. Mayor Donchez added he felt it was important to get a lease and he felt it was important to get a signed lease by Mr. Bollinger approved by City Council, and the fact that there would be a monetary contribution to the City. He added $200 is not much but still it is in good faith plus the utility payments.
Mr. Callahan said he was curious because he thinks all would agree that non-profits serve a greater good for the City. If one looks at other leases that the City has with other non-profits like the Historical Bethlehem, Inc. (HBI), he believes the City has a $1 lease with them for 99 years. Mayor Donchez believed that is for the parking lot. Mr. Callahan advised that they then lease that out for $50,000 to Musikfest. Mr. Callahan commented he did not understand why the lease for the Fox Environmental Center was 200 times the amount of the lease with HBI.
Mayor Donchez stated the $300 initially he thought was fair, and from his own philosophical point of view that it would be fair that the Center makes some kind of financial contribution to the City and the utilities. He thought the amount was fair and thought the Board did approve it but he does not know, and he thought that Mr. Bollinger agreed it was fair and in good faith to make some monetary contribution, and added $200 is not $1,000. Mayor Donchez noted he would have to check into the dollar amount that Mr. Callahan made reference to. Mayor Donchez advised the goal was to get a signed lease.
President Reynolds asked if it is possible for City Council to get a summary of the lease agreements for all public property that the City has.
Mayor Donchez replied he would be more than happy to provide that.
President Reynolds, noting that as far as Mayor Donchez said it was his philosophical belief that this was a fair agreement, asked is the Fox Environmental Center still open.
Mayor Donchez expressed he believes the Fox Environmental Center, and said Ms. Dolan may correct him about this, lead by Mr. Bollinger is still open.
Ms. Dolan stated there is still an organization, a non-profit, but the Center is not open, and noted she is not sure which one they are asking about.
Assistant Solicitor Kloiber commented the understanding is that Fox, the non-profit that Mr. Bollinger and the Board represents, is still open and they have interest in maintaining and engaging in activities. That is why they engaged and talked with the City and have an interest in the lease. He added that Mr. Bollinger contacted the City and expressed an interest, as the Mayor mentioned, in wanting to potentially have discussions about extending the lease. They have a mission and intent to go forward, and the Administration’s understanding is they are still operating, as represented from Mr. Bollinger.
Voting AYE: Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, and Mr. Reynolds, 7. The Resolution passed.
C. Authorizing Execution of Highway Safety Project Grant – DUI Program
Ms. Dolan and Ms. Reuscher sponsored Resolution 2014-144 that authorized the execution of grant documents for Highway Safety Project Grant No. IDP-2015-Bethlehem City-00041 to provide funds through September 30, 2015 to address highway safety issues with intervention strategies targeting schools, community and family, heath care, enforcement and industry/workplace.
Voting AYE: Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, and Mr. Reynolds, 7. The Resolution passed.
D. Approving Redevelopment Assistance Capital Program Application – Majestic Realty Company
Ms. Dolan and Ms. Reuscher sponsored Resolution 2014-145 that authorized the application and Cooperation Agreement for Majestic Realty Development to obtain funds from the Redevelopment Assistance Capital Grant Program (RACP) of the Commonwealth of Pennsylvania that will be passed through the City in the amount of $19,250,000 for the purpose of assisting Majestic Realty Development in the construction of the Majestic Bethlehem Center.
Mr. Recchiuti noted it is his understanding that this was already approved by City Council a few years ago, and is not a new RACP grant.
Jordan Snelling, Business Retention and Recruitment Manager, affirmed that in 2009 Resolution 2009-135 was adopted on July 7 for a $1,000,000 RACP. There have been multiple amendments to the RACP agreement, and on June 17, 2014 City Council adopted Resolution 2014-113 for $10,000,000 that brought the amount up to a total of $11,000.000. Ms. Snelling advised that since the budget is up to $19.25 million, the City’s monitor from the State requested that the City obtain a Resolution that covers the whole amount instead of having piecemeal Resolutions that cover everything.
Mr. Recchiuti observed this would take the place of a few Resolutions that were already passed.
Ms. Snelling confirmed it is taking the place of two Resolutions. The City technically does not need to get a second Resolution to meet the requirements of the State, but having done so earlier in the year, and having Resolutions that do not cover the whole amount, the monitor felt more comfortable getting one Resolution that covers everything.
Mr. Recchiuti asked if there is a cost to the City.
Ms. Snelling, replying no, affirmed it is still a pass-through, and there is additional infrastructure that is being worked on.
Voting AYE: Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, and Mr. Reynolds, 7. The Resolution passed.
E. Authorizing Keystone Grant Application – Bethlehem Area Public Library
Ms. Dolan and Ms. Reuscher sponsored Resolution 2014-146 that authorized the application for the City to act as the pass through for the Bethlehem Area Public Library to receive a 2014 Keystone Grant from the Commonwealth of Pennsylvania Department of Education for the Room to Grow – Phase Three project to include a new Children’s Center at the Main Library, a program/activity room and ADA compliant restrooms. The Resolution stated that the facility located at 11 West Church Street, Bethlehem, Pennsylvania and known as the Bethlehem Area Public Library shall be used undisturbed as a public library for 50 years or the useful life of the project to be funded by the grant, whichever is shorter.
President Reynolds noted that Josh Berk, Executive Director of the Library, is at the Meeting if there are any specific questions about this application.
Mr. Recchiuti wondered if the City has a lease with the Bethlehem Area Public Library.
President Reynolds highlighted the fact that it is the City’s building.
Mr. Recchiuti commented that he knows the City paid utilities and other things for a number of years, and the past few years the City migrated those costs to the Library.
President Reynolds stated that was done as far as the pension costs were concerned, but he is not sure about everything else.
Mayor Donchez reported it is something the Administration will have to check.
Mr. Recchiuti observed that, essentially, under the Resolution tonight Council is resolving to allow the Library to use the building as a Library for another 50 years so he was curious if they will be amending a lease agreement with this Resolution.
Mayor Donchez stated he will get back to Council about this matter. He added as someone who has served on the Library Board that question never came up.
President Reynolds added he does believe there is a lease.
Voting AYE: Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, and Mr. Reynolds, 7. The Resolution passed.
F. Authorizing Second Amendment to Tower Lease Agreement – T-Mobile Northeast LLC, Successor
to Omnipoint Communications Inc. – South Mountain Park
Ms. Dolan and Ms. Reuscher sponsored Resolution 2014-147 that authorized the execution of Second Amendment to Tower Lease Agreement between the City and T-Mobile Northeast, successor-in-interest to Omnipoint Communications, Inc., as it pertains to South Mountain Park, according to the Agreement for the purpose of extending the term.
Voting AYE: Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, and Mr. Reynolds, 7. The Resolution passed.
G. Authorizing Use Permit Agreement for Public Property – Celtic Fest, Inc. d/b/a Celtic Cultural
Alliance – Celtic Classic 2014, 2015 and 2016
Ms. Dolan and Ms. Reuscher sponsored Resolution 2014-148 that authorized the execution of a Use Permit Agreement between the City and Celtic Fest, Inc. d/b/a/ Celtic Cultural Alliance for use of certain public properties, streets and Sand Island West for the Celtic Classic for 2014, 2015 and 2016, according to the Agreement.
President Reynolds noted that Attorney Kelleher spoke before and offered to answer any questions of Member of Council. President Reynolds said he would turn to Assistant Solicitor Kloiber again if he might be able to go through any substantial changes to the lease as compared to previous years.
Assistant Solicitor Kloiber noted that some of the changes were discussed in the opening comments that were made. He advised that some of the language has been updated but the substantial changes were mentioned during the beginning of the Meeting.
Ms. Dolan commented she is trying to envision some of these properties including the property bordered by Main Street, Lehigh Street and the Monocacy Creek, since the Monocacy flows perpendicular to Main Street, and inquired what is the northern boundary.
Attorney Kelleher explained that what Ms. Dolan has just outlined verbally would be essentially under the bridge area that comprises the large tent that is the grand pavilion for the Celtic Classic.
Ms. Dolan asked how far north it extends.
Mr. Recchiuti believed it is the area where Main Street makes a left, when one comes over the Monocacy Creek, so Main Street is the northern end, and westerly border of that portion. It is just a little strip of land.
Ms. Dolan inquired, going north from what was just mentioned where the main festival tent is, heading toward Union Boulevard, what is that boundary and where is it.
Attorney Kelleher, stating he cannot make a specific reference, explained the essence of what is proposed to be occurring now is that the festival will not be utilizing the Johnston Park area as they had in previous years. Ms. Dolan pointed out this is where there has been flooding in the past.
Attorney Kelleher said he can envision that the footbridge over the Monocacy at the northern end of the grand pavilion area would likely be the boundary.
Ms. Dolan asked Assistant Solicitor Kloiber to help her to see where it is defined for the northern edge thinking in terms of the Monocacy Creek, Main Street, Conestoga Street, and how would he define the northern edge and would it be a bridge that would define that. Ms. Dolan expressed she can sense all of the edges but cannot see that one.
Attorney Kelleher advised his office does have a very detailed map of the area that is contemplated for this year, and said he is sorry he did not have that for reference tonight. Attorney Kelleher confirmed that map is available and he would be happy to provide that to Council.
Ms. Dolan communicated that she gets concerned about that area being not a wetland as a designated wetland but a wet space land.
Attorney Kelleher stated they are as sensitive and concerned about that from their perspective as the City is.
Ms. Dolan pointed out that a festival can really do some damage especially if there are heavy rains at that time and damage to the integrity of the area, environmentally. Ms. Dolan observed the way she reads this in terms of streets it that they will be using the Second Avenue Ramp.
Attorney Kelleher advised he believes that had been used in the past for staging and support, not staging for a performance but staging of services and he believes that is all they will be using it for this time.
Ms. Dolan thought it could be used creatively but maybe sometime in the future.
Attorney Kelleher explained they are trying to be as creative as possible and that was why the area of Main Street this year was thought to be a first step in that direction. The organizers are doing it carefully and doing it in steps, and will be reviewing the success of each new step as it goes along.
Ms. Dolan noted the area of Main Street between Broad Street and Market is the new area.
Attorney Kelleher replied yes, and confirmed the area will only be used on Saturday and Sunday from 1:00 pm to 7:00 pm.
President Reynolds pointed out that, as stated in the Agreement, the contributions of the Celtic Classic, which he expressed is fair, pays towards the overall in-kind service costs of Celtic Classic 2014, an amount equal to the total amount of overtime costs incurred by the City for its officers, employees, fire department personnel and EMS personnel, for Celtic Classic 2014, and an amount equal to the total cost of electricity used for Celtic Classic 2014.
Mayor Donchez replied that he believes so.
President Reynolds stated there is no payment given, as is done with other non-profits, for manhours that some people in departments during the regular workday might put forth as far as the in kind-service costs.
Mayor Donchez believed that is correct.
President Reynolds, while advising he does not believe they should, asked what is the philosophical reason by which the City does not charge the Celtic Classic for the employee manhours during which they could be doing something else.
Mayor Donchez, commenting he cannot speak for the past, explained his philosophy dealing with all of the festivals and all of the events this year, along with Mr. Brong and Mr. Sivak, is to try to meet with as many of the event holders as possible that includes Runners World and Celtic Classic to try to have them make some additional commitment to the City financially. Mayor Donchez said he does not believe the festivals should pay 100% since the City has the responsibility to deal with tourism and encourage festivals to come into the City. Mayor Donchez pointed out the Use Permit Agreement for Celtic Classis basically is similar to years past. Noting that as one will see, and stating he will be happy to give a complete report, Mayor Donchez advised that some of the festivals now are basically paying to permit things that were waived in the past in order to make some kind of financial contribution to the City that he thinks is important. Mayor Donchez highlighted the fact that while there are costs to services it is important to have events in the City because it gives the opportunity to showcase the City and bring people into the downtowns to shop and to eat in restaurants. Mayor Donchez thought that some of the organizations did not pay in the past or paid a small amount but he has been trying with some of the organizations to have them pay 20%.
President Reynolds observed one could say that the value of what the festivals bring to the City of Bethlehem Mayor Donchez believes outweighs whatever is the cost of employee work hours, with which he agrees.
Mayor Donchez, stating that overall he agrees with President Reynolds, said it is something that for all three cities, Allentown, Bethlehem and Easton, that all have events he would like to see possibly the hotel tax reviewed. Mayor Donchez advised he will be discussing this with both County Executives, Mr. Brown and Mr. Muller, to see if there could be some kind of reimbursement to Allentown, Bethlehem and Easton, even if it is a small amount, because of the cost of all of the festivals that all three cities have to pay. Mayor Donchez noted he has discussed this with Easton Mayor Sal Panto and will discuss it with Allentown Mayor Ed Pawlowski as well the two County Executives.
Attorney Kelleher reported the organizers certainly are aware that the addition of the Main Street property this year is an area that did not exist before and they understand that there would be a proportionate increase in the cost for that, and are willing to abide by that. Attorney Kelleher added, in terms of police work, the executive director will work with the Police Chief very closely. In terms of the ancillary benefits to the City, Attorney Kelleher explained one of the things they are trying to do with the Main Street area is to bring festival patrons up Main Street to see what is there from the corner of the Central Moravian Church all the way to Broad Street. Attorney Kelleher noted those property owners are encouraged and invited to be involved for the fee they will pay to the festival, but all of the profits they will generate that weekend will be theirs to keep.
President Reynolds thought it is completely fair and when looking at non-profit festivals and at the things done in the City it is for the greater good. He further said it is about what the value is that is brought to the City as compared to what costs are necessarily being incurred versus the financial benefit the City is getting as a value to the downtowns.
Attorney Kelleher commented, as a part of that, the festival is aware of its responsibility in the opposite direction.
Mr. Recchiuti thanked Attorney Kelleher for attending and answering questions. Mr. Recchiuti believed it is a good idea extending the festival onto Main Street because helping the businesses there is always a good thing. Mr. Recchiuti, turning to Mayor Donchez’s mention of the hotel tax, queried will the City conduct a study to determine what revenue is created by all of the festivals in the City for the hotel tax. He further asked if the City will look above and beyond at things like Mercantile, Business Privilege, Sales, Act 511, EIT and other taxes that the City gets and whether there is an increase as a result of the festivals being held here.
Mayor Donchez restated that first he wants to explore the issue with the two County Executives, and he also wants to discuss the issue with Michael Stershic, President of Discover Lehigh Valley, because the organization is very involved in the issue of a hotel tax. Mayor Donchez added he has asked Alicia Karner, Director of Community and Economic Development, to prepare a report and inform him regarding the amount of revenue with major festivals, and what would be the economic spin-off possibly with a hotel tax, and he would be happy to provide that information to Council when it is provided to him.
Voting AYE: Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, and Mr. Reynolds, 7. The Resolution passed.
10. NEW BUSINESS.
Committee Meeting Announcements
Chairman Callahan announced Community Development Committee Meetings, as follows:
August 27, 2014 at 7:00 PM in the Mayor’s Conference Room, and October 15, 2014 at 7:00 PM in
Town Hall.
Chairman Evans announced a Public Safety Committee on September 18, 2014 at 7:00 PM.
Chairman Waldron announced a Human Resources and Environment Committee meeting on September 24 , 2014 at 7:00 PM in the Mayor’s Conference Room.
11. PUBLIC COMMENT.
18 West Garrison Street – Abandoned Home
George Kimble, 15 West Garrison Street, asked if a property is empty and has no lease is the City required to the upkeep the property. Mr. Kimble pointed out across the street from him at 18 West Garrison Street the home is abandoned. It has gutters falling off, weeds are overgrown, and there is someone who comes to the house during the night and leaves during the morning. Mr. Kimble advised there is no electricity in the house, no water, no heat, and there are animals running in and out including rodents. Mr. Kimble added windows are open and the house is not secured so anyone could come into that house and if kids go in something could happen to them. Mr. Kimble thought the least the City can do is try to keep the property up, cut the bushes, take the gutter down or repair it and make the home accessible for someone. Mr. Kimble said as far as he does know the City does own the property. Mr. Kimble wanted to know what the plans are for the property.
President Reynolds encouraged Mr. Kimble to talk with a member of the Administration as far as code violations are concerned. He pointed out if the City owns a piece of property and there is no lessee and no one is taking care of it, then it is the responsibility of the City to take care of their public property. President Reynolds, noting Ms. Karner, whose Departmental responsibilities includes inspections, is not at the Meeting tonight, advised someone else from the Administration would be willing to discuss the issue with Mr. Kimble.
Appointment to Human Relations Commission
Michael Colon, 215 West Broad Street, thanked Mayor Donchez and the Members of City Council for his appointment earlier to the Human Relations Commission.
Benner Project – South Side
Breena Holland, 379 Carver Drive, explained she wanted to take the opportunity to speak to Council and the Administration about the Benner development project. She understands he is now proposing a 12 story building where the previously approved 7 story building was going to be on the corner of Fourth and New Streets. Ms. Holland went to the Historical Architectural Review Board (HARB) meeting last night because she thought the Board was going to talk about the matter but they did not. Ms. Holland noted the Board has to recommend approval of a Certificate of Appropriateness for the building and City Council appoints people to the Board. Ms. Holland thought it is important to remind Council what the Board is supposed to be doing because she is concerned they will approve a 12 story building on Fourth and Vine Streets that is in the Historic District in South Bethlehem. Ms. Holland read from the Ordinance about HARB, and pointed out they are supposed to provide a recommendation to City Council regarding any erection, alteration, demolition, relocation, adaptive use or new construction project within the bounds of the Central Bethlehem Historic District. She further pointed out some of the criteria that are important for their decisions. Ms. Holland continued on to note the Ordinance states it is important that alterations do not radically alter, obscure or destroy character defining spaces, materials or finishes. An addition is new construction as the exterior of an existing building and should be avoided. Ms. Holland observed these things are pointing out the compatibility between the existing structures and other buildings in the community. She stressed that the design guidelines for the South Bethlehem Historic Conservation Commission specifically state that the design guidelines are intended to encourage the designer of new construction to consider existing historic buildings as a starting point in the design process, not the final goal. They encourage preservation of a cohesive ambiance of the Historic Conservation District with compatible sympathetic and contemporary construction, compatible sighting, proportions, scale, form, materials, fenestration, brief configuration, details and finishes. Ms. Holland advised she is wondering how a 12 story building is compatible with the scale of the South Side and thought this should be brought to everyone’s attention. Ms. Holland continued on to say that also encouraged is construction of additions so that the historic building fabric is not radically changed, obscured, damaged or destroyed. With respect to size and scale, the guidelines note that for new construction it should reflect the dominant cornice and roof heights of adjacent buildings and the proportions of building elements to one another on the streetscape. Ms. Holland emphasized that, in South Bethlehem where two and three story buildings are the norm, buildings that digress from these standards by any great degree seriously impact the Historic Conservation District. Ms. Holland stressed the Ordinance states that any addition should be smaller than the original building with similar floor to floor heights. With respect to proportions, new construction should relate to the dominant proportions of the buildings on the streetscape while new additions should relate to the dominant proportions of the existing building. Ms. Holland further read that the proposed design should closely reflect the height with ratios of the overall building proportions. Ms. Holland said she wanted to leave Council and the Administration with those comments on what the guidelines and encouraged them to have some oversight in this process, because she is having a hard time figuring out how what Mr. Benner is proposing meets the guidelines.
President Reynolds advised he wanted to correct what Ms. Holland had said that Council approves the appointees. President Reynolds confirmed there are some Boards and Commissions for which Council brings the names forward. He explained that the Administration brings forward people for other Authorities, Boards, and Commissions and then Council votes on the nominees. President Reynolds recalled that Council had just recently reappointed 5 or 6 people to the Historic Conservation Commission that does originate with the Administration, and then Council votes to approve the appointment of the people to that Commission.
Alcohol in Parks
Stephen Antalics, 737 Ridge Street, advised in the United States open container laws regulate or prohibit the existence of open containers of alcohol in certain areas as well as the active consumption of alcohol in those areas. Public places in this context refer to openly public places of sidewalks, parks, and vehicles. It does not include nominally private spaces which are open to the public such as bars, restaurants and stadiums. Mr. Antalics pointed out the purpose of these laws is to restrict public intoxication especially the dangerous operating of a vehicle while intoxicated. Open container laws are State laws rather than Federal laws and vary from State to State. Mr. Antalics pointed out that Pennsylvania is one of 14 States that allow consumption in public places. He spoke to two attorneys to get their opinion on consuming beer in a City owned property like a park, and assuming that a family is also there, and a child running to the car is struck by a vehicle driven by an intoxicated driver who could be of age. But, if the driver does not have insurance, a lawyer could make the City complicit by allowing consumption of alcohol on the property and could be involved in a severe lawsuit. Mr. Antalics advised on that basis he would recommend, to preclude an accident that could happen, no alcoholic beverages on any public property site that would then save the City, and any violation would be a personal violation. Mr. Antalics stressed what bothers him is that Article 941 says 7% alcohol is allowed. What further bothers him is that Article 941 is to be amended, and the Administration is supporting this by the Solicitor’s Office drafting an amendment to Article 941 that will allow wine which is doubling the level of alcohol available. Mr. Antalics asserted this is exacerbating a problem that could be very serious. He noted that a Parks and Public Property Committee meeting the issue came up about doubling the alcohol content and would allow wine at weddings. He saw this as a subjective need. Mr. Antalics urged Council to eliminate all alcoholic beverages on public properties and get in line with the majority of the States. Mr. Antalics, stating this will come up again at a Parks and Public Property Committee meeting, said he still wonders why it was proposed to double it. Mr. Antalics, turning to the lease at Illick’s Mill, said there were two issues that were not addressed that were serious issues. One is that weddings and private parties at the Illick’s Mill site violates the lease. He said the lease is not amended to include that usage and no one seems to be concerned about that. The other issue is violation of Article 941 with the possible use of stronger beverages at weddings, and he said again no one is concerned about that. Mr. Antalics expressed his opinion that the lease is invalid because of the usage violation. He felt the City should either amend the lease to allow it or close the facility down.
Benner Project – South Side; Trash and Recyclables – Downtown Areas
Peter Crownfield, 407 Delaware Avenue, remarked that Ms. Holland saved him from having to say a lot of things. Mr. Crownfield hoped that whoever is responsible would remind the Historic Conservation Commission what their job is and that they should start doing it. Mr. Crownfield noted the 12 story building is in the future and has not been approved yet but there was approval of a 7 story building on a block that has nothing higher than 3 or maybe 4 stories. Mr. Crownfield stressed it does not meet the guidelines and the Commission is not doing what they have been chartered to do. Mr. Crownfield asserted if the Commission brings such a recommendation to Council for a Certificate of Appropriateness Council should reject it and not approve it as was done for the 7 story building that he stressed was clearly out of line for the historic guidelines for the South Side. Mr. Crownfield, highlighting the fact that this is a corner location that is highly visible, said it will be visible from many other parts of the City because it is much taller than anything else in the area. Mr. Crownfield reminded Council that in 2006 and 2007 a graduate student from Lehigh University did extensive work on the trash and lack of recycling on Main Street where the City picks up, Broad Street, and part of Fourth Street on the South Side. Noting there are many dining establishments, Mr. Crownfield stated many throw away containers, styrofoam and plastic cups, and they all go in the trash outside unless someone deposits them inside. Mr. Crownfield pointed out that the graduate student’s study called for the City to provide recycling where it provides the City trash bins, and he wanted to know why this was not done. Mr. Crownfield informed the Members that he sees the recycling going in the trash that is illegal by the City’s Ordinance and by State law. He stressed that this issue needs to be addressed.
Maze Garden
Emily Gibbs, 409 Evans Street, recounted that she was at a City Council Meeting last year about the Maze Garden, and wanted to give an update. Ms. Gibbs explained there are 8 planting beds now, work is done with the Boys and Girls Club and some of the Lehigh students that attended the Council Meeting last year, and the group had a really successful garden club over the summer. Ms. Gibbs added they are looking forward to moving into the fall. They are still waiting for the water line to get put in and for a license agreement to be signed by the City and Lehigh University that allows for future development. Once that gets worked out there will be a lot more going on there, that she exclaimed is really exciting. Ms. Gibbs thanked everyone and the different City Departments for helping them to get this done. She invited anyone who is interested next Wednesday to the garden site on the Greenway between Webster and Taylor Streets. She advised that, after September 5, youth from the Boys and Girls Club will be there in the afternoon. President Reynolds asked what is the time next Wednesday. Ms. Gibbs replied it is from 3:00 pm to 5:00 pm.
12. ADJOURNMENT
The meeting was adjourned at 8:35 p.m.