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Bethlehem Council MInutes
BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, November 18, 2014 – 7:00 PM
INVOCATION
Reverend M. Cole McClenithan, of Central Assembly of God, offered the invocation which was followed by the pledge to the flag.
PLEDGE TO THE FLAG
SWEARING IN CEREMONY
Louis N. Stellato, Member of City Council, was sworn in by Judge Stephen G. Baratta, President Judge, Northampton County. (At the November 5, 2014 City Council Meeting, Mr. Stellato had been elected by the Members of Council to fill the Council Seat vacated by Karen Dolan, to serve from November 5, 2014 to January 4, 2016.)
1. ROLL CALL
President Reynolds called the meeting to order. Present were Bryan G. Callahan, Eric R. Evans, Michael D. Recchiuti, Cathy Reuscher, Louis N. Stellato, Adam Waldron, and J. William Reynolds, 7.
2. APPROVAL OF MINUTES
None.
3. PUBLIC COMMENT
Bill No. 33 – 2014 – Amending Article 941 – Parks
Stephen Antalics, 737 Ridge Street, referring to Bill No. 33 – 2014 – Amending Article 941 – Parks, under Ordinances for Final Passage stated he is hoping for common sense but he does not expect it. Mr. Antalics noted 90% of the States wisely do not allow the consumption of alcohol on municipal properties for obvious reasons such as control, enforcement, and public drunkenness. He expressed his opinion that a change in the Ordinance was for private interest, not general welfare. Mr. Antalics commented he can understand the amendment pertaining to the Golf Course restaurant bar because there is a bartender there. Mr. Antalics stressed at a wedding or a private party and an unsupervised place how can one prevent stronger than wine being served. He stated if there are problems that would involve the Police there would be a cost to the City on top of that. Mr. Antalics remarked Council knows the reason why this is on the agenda and common sense says it should be voted down but Council is not listening to common sense. Mr. Antalics said this is just another example of irresponsibility to the community.
President Reynolds noted as a reminder that the changes to Article 941 came from the Administration, that is where they originated, and is what Council will be considering tonight.
Proposed 2015 Budget - Community and Economic Development Department
Peter Crownfield, 407 Delaware Avenue, referring to First Reading of the proposed 2015 budget for the Community and Economic Development Department, urged Council to vote against it because he said it is clear from the last Meeting that the Department in its extensive strong support for the Benner proposal at Fourth and Vine Streets is working against the interest of the community.
4. OLD BUSINESS.
A. Members of Council
None.
B. Tabled Items
None.
C. Unfinished Business
None.
5. COMMUNICATIONS
A. Intermunicipal Liquor License Transfer Request – Brick House Tavern to 123 West Fourth Street
President Reynolds notified the assembly that the Attorney for the applicant has advised that the request has been withdrawn since the client has sourced a Bethlehem City License.
B. Legal Assistant – Records Destruction – Department of Water and Sewer Resources
The Clerk read a memorandum from William A. Karras, Esq., Legal Assistant, dated November 13, 2014 to which was attached a proposed Resolution for the destruction of records from the Department of Water and Sewer Resources. 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 December 2 Agenda.
C. Street Vacation Petitions – Proposed Fee
The Clerk read a memorandum dated November 14, 2014 to which was attached a proposed Resolution to provide a $500 fee for Street Vacation requests. The Resolution formalizes the Procedure that needs to be followed in accordance with the Third Class City Code. The Resolution also reflects the review process and the various departments involved.
President Reynolds stated that the Resolution will be listed on the December 16, 2014 City Council Agenda.
D. Director of Budget and Finance – Proposed 2015 Budget – Fee Increases – General Fund
The Clerk read a memorandum dated November 14, 2014 from Mark W. Sivak, Director of Budget and Finance, to which were attached memorandums from various departments on fee increases that are part of the 2015 Proposed Budget. The fee increases include tax certifications and moving permits as well as health, planning, inspection, police and recreation fees.
President Reynolds stated the matter can be discussed at the Fourth Budget Hearing on December 8 at 6:00 PM under General Fund Revenue.
E. Director of Budget and Finance – Proposed 2015 Budget – Fee Increases – Golf Fund
The Clerk read a memorandum dated November 14, 2014 from Mark W. Sivak, Director of Budget and Finance, to which was attached a list of fee increases that are part of the 2015 Proposed Budget.
President Reynolds stated the matter can be discussed at the Third Budget Hearing on November 25 at 6:00 PM under Golf Fund Revenue.
6. REPORTS
A. President of Council
None.
B. Mayor
1. Administrative Order – Ann McHale – Bethlehem Revitalization and Improvement Authority (BRIA)
Mayor Donchez reappointed Ann McHale to membership on the Bethlehem Revitalization and Improvement Authority effective through November 2019. Mr. Recchiuti and Mr. Callahan sponsored Resolution No. 2014-230 to confirm the appointment.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. The Resolution passed.
2. Administrative Order – Richard Horvath – Electricians’ Examining Board
Mayor Donchez reappointed Richard Horvath to membership on the Electricians’ Examining Board effective through July 2017. Mr. Recchiuti and Mr. Evans sponsored Resolution No. 2014-231 to confirm the appointment.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. The Resolution passed.
3. Administrative Order - Merl J. Turnzanski – Electricians’ Examining Board
President Reynolds stated that the Mayor has advised that this Administrative Order has been withdrawn.
4. Administrative Order – Dale Sensenig, Electrical Inspector – Electricians’ Examining Board
Mayor Donchez appointed Dale Sensenig, Electrical Inspector, to membership on the Electricians’ Examining Board effective through July 2016. Mr. Recchiuti and Mr. Evans sponsored Resolution No. 2014-232 to confirm the appointment.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. The Resolution passed.
7. ORDINANCES FOR FINAL READING.
A. Bill No. 33 – 2014 – Amending Article 941 – Parks
The Clerk read Bill No. 33 – 2014 – Amending Article 941 – Parks, on Final Reading.
Mr. Recchiuti noted an amendment will be proposed and he will move to make the amendment. Mr. Recchiuti confirmed the matter is about a memorandum he wrote to William Leeson, City Solicitor, regarding a law that was passed recently by the Pennsylvania State House and Senate with regard to firearms. Mr. Recchiuti noted that Attorney Leeson and John F. Spirk, Jr., Esq., City Council Solicitor, worked out the language to make sure the Ordinance is conforming with State law.
City Solicitor Leeson, affirming the amendment speaks for itself, noted he sent a memo to City Council and recommended the amendment as proposed.
Council Solicitor Spirk noted the issue was clear in that State law would supersede in this case, and the amendment is merely removing any possible conflict with State law. City Solicitor Leeson stated he agrees.
Amendment to Bill No. 33 – 2014
Mr. Recchiuti and Mr. Callahan sponsored the following Amendment:
That Section 941.05, Recreational Activities, Paragraph (c), Firearms, that reads as follows:
941.05 RECREATIONAL ACTIVITIES.
(c) Firearms. No person shall load, discharge, shoot, aim or threaten the use of firearms of any description, or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially harmful to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden except by authorized USDA animal control representatives or City of Bethlehem.
shall be amended to read as follows:
(c) Firearms. No person shall discharge, shoot, aim or threaten the use of firearms
of any description, or air rifles, spring guns, bow and arrows, slings or any other forms of
weapons potentially harmful to wildlife and dangerous to human safety, or any
instrument that can be loaded with and fire blank cartridges, or any kind of trapping
device. Shooting into park areas from beyond park boundaries is forbidden. Exception:
Authorized USDA animal control representatives or City of Bethlehem. This ordinance
shall not be construed or enforced to infringe upon the lawful exercise of the rights to use, transfer, own, transport or possess firearms to the extent permitted by Federal laws or laws of the Commonwealth of Pennsylvania. In addition, this ordinance shall not be construed or enforced to regulate firearms to the extent regulation is prohibited by 53 Pa.C.S . § 2962 and 18 Pa.C.S . § 6120.
Voting AYE on the Amendment to Bill No. 33 – 2014: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. The Amendment passed.
President Reynolds thanked Attorney Leeson and his staff for their work on the Bill. President Reynolds noted this is an issue that Ralph Carp, Director of Parks and Public Property, has been looking at for several years. President Reynolds highlighted the fact that Mr. Carp did a lot of hard work as far as the Ordinance is concerned, and he thanked the Administration for bringing forth the changes.
Mr. Waldron, echoing President Reynolds’ comments, concurred that a lot of work went into the Ordinance, there are some good common sense changes, and said he supports the Ordinance.
Mr. Recchiuti said he also echoes the comments made, and added he believes the Parks and Public Property Committee met at least three times to discuss the proposed Ordinance the past year, so this was a long time coming. He pointed out there was much work put into this. Mr. Recchiuti noted that the Administration came to Council, changes went back and forth, and he thinks it is a very good Ordinance.
Mr. Evans recalled that when the changes in the Parks Ordinance were discussed and communicated, a recommendation was made for updated signs. Mr. Evans asked is there funding in the Budget that will allow for signs to be printed and posted.
Mark Sivak, Director of Budget and Finance, advising it would come from the Non-Utility Capital Fund, said if Council would approve the Capital Fund as proposed there would be funding for signs.
Mr. Evans observed, as far as enforcement, there are some changes with regards to dogs, and the hours and use of the Greenway. He wondered how the Police are brought up to date on these matters, and how are they briefed so that the Officers on the streets become aware of how these matters will change.
Mark DiLuzio, Police Chief, stated he will issue a memo with the complete Ordinance so the Officers will have a copy of it, and enforcement should not be a problem. He added that the Police Department normally does enforce the dusk to dawn curfew in the parks. Police Chief DiLuzio added, with reference to the Greenway, he believes there was some discussion with Chairwoman Reuscher about enforcement on the Greenway and why that is different from other parks. Affirming they are aware of the changes and he sees no issue on this matter, Chief DiLuzio stated it is just a matter of communication, communication to the public with the signs, putting the matter on the social media page, and communication to Police Officers.
Mr. Evans believed the point of emphasis is the addition of the elimination of amplified music unless by permit or authorization, so that people can enjoy the park and have fun. Mr. Evans stressed the City needs to set this tone early so there is not infringement on anyone else’s privacy who are at the parks.
Police Chief DiLuzio pointed out this was very well needed and it will solve many of the phone calls that might be received next summer.
Ms. Reuscher thanked City Solicitor Leeson, Mr. Carp, and Police Chief DiLuzio for all the work they have done going through this Ordinance, making sure it is reflective of the needs of the City, and that it is a good sound amendment.
Voting AYE on Bill No. 33 – 2014, as Amended: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 33 – 2014, now known as Ordinance 2014-33, was adopted.
8. NEW ORDINANCES.
A. Bill No. 34 – 2014 - Amending Article 910 – Trees and Shrubs
The Clerk read Bill No. 34 – 2014 – Amending Article 910 – Trees and Shrubs, 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 910 OF THE CODIFIED ORDINANCES
ENTITLED TREES AND SHRUBS.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 34 – 2014 was passed on First Reading.
B. Bill No. 35 – 2014 – Adopting the 2015 General Fund Budget
The Clerk read Bill No. 35 - 2014, Adopting the 2015 General Fund Budget, sponsored by Mr. Recchiuti and Mr. Callahan, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE GENERAL FUND BUDGET FOR 2015.
President Reynolds reminded City Council that this is the First Reading of the Budget Ordinances so the Members are certainly able to make any changes. President Reynolds stated that, as Council Member Karen Dolan would say, these are votes on the Budget without prejudice, because Council is voting on a few things today on which there have not yet been Budget Hearings. President Reynolds affirmed that, as all Ordinances need to be considered twice, changes could be made at the December 16, 2014 City Council Meeting on Final Reading of all the individual Budget Ordinances.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 35 – 2014 was passed on First Reading.
C. Bill No. 36 – 2014 – Adopting the 2015 Water Fund Budget
The Clerk read Bill No. 36 – 2014, Adopting the 2015 Water Fund Budget, sponsored by Mr. Recchiuti and Mr. Callahan, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE WATER FUND BUDGET FOR 2015.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 36 – 2014 was passed on First Reading.
D. Bill No. 37 – 2014 – Adopting the 2015 Sewer Fund Budget
The Clerk read Bill No. 37 – 2014, Adopting the 2015 Sewer Fund Budget, sponsored by Mr. Recchiuti and Mr. Callahan, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE SEWER FUND BUDGET FOR 2015.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 37 – 2014 was passed on First Reading.
E. Bill No. 38 – 2014 – Adopting the 2015 Golf Course Enterprise Fund Budget
The Clerk read Bill No. 38 – 2014, Adopting the 2015 Golf Course Enterprise Fund Budget, sponsored by Mr. Recchiuti and Mr. Callahan, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE GOLF COURSE ENTERPRISE FUND BUDGET FOR 2015.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 38 – 2014 was passed on First Reading.
F. Bill No. 39 – 2014 – Adopting the 2015 Liquid Fuels Fund Budget
The Clerk read Bill No. 39 – 2014, Adopting the 2015 Liquid Fuels Fund Budget, sponsored by Mr. Recchiuti and Mr. Callahan, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE LIQUID FUELS FUND BUDGET FOR 2015.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 39 – 2014 was passed on First Reading.
G. Bill No. 40 – 2014 – Adopting the 2015 Capital Budget for Non-Utilities
The Clerk read Bill No. 40 – 2014, Adopting the 2015 Capital Budget for Non-Utilities, sponsored by Mr. Recchiuti and Mr. Callahan, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE 2015 CAPITAL BUDGET FOR NON-UTILITIES.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 40 – 2014 was passed on First Reading.
H. Bill No. 41 – 2014 – Adopting the 2015 Capital Budget for Water Utilities
The Clerk read Bill No. 41 – 2014, Adopting the 2015 Capital Budget for Water Utilities, sponsored by Mr. Recchiuti and Mr. Callahan, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE 2015 CAPITAL BUDGET FOR WATER UTILITIES.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 41 – 2014 was passed on First Reading.
I. Bill No. 42 – 2014 – Adopting the 2015 Capital Budget for Sewer Utilities
The Clerk read Bill No. 42 – 2014, Adopting the 2015 Capital Budget for Sewer Utilities, sponsored by Mr. Recchiuti and Mr. Callahan, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE 2015 CAPITAL BUDGET FOR SEWER UTILITITES
President Reynolds thanked Edward Boscola, Director of Water and Sewer Resources, for reaching out to all of the Members of Council to review both the Water and Sewer utilities. President Reynolds added that Mr. Brong had been the previous Director and had been available for questions at the Budget Hearing. Noting this was the first time that Mr. Boscola has gone through the Budget process, President Reynolds thanked Mr. Boscola for contacting the Members of Council and agreeing to sit down with the Members to go through some of the items line by line.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 42 – 2014 was passed on First Reading.
J. Bill No. 43 – 2014 – Adopting the 2015 Community Development Budget
The Clerk read Bill No. 43 – 2014, Adopting the 2015 Community Development Budget, sponsored by Mr. Recchiuti and Mr. Callahan, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE COMMUNITY DEVELOPMENT BUDGET FOR 2015
President Reynolds thanked Alicia Karner, Director of Community and Economic Development, who had reached out to Members of Council to review the Department’s budgets, and noted this was also the first time for the Budget process for her. President Reynolds thanked Ms. Karner for making herself available and giving an informative presentation.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 43 – 2014 was passed on First Reading.
K. Bill No. 44 – 2014 – Adopting the 2015 9-1-1 Fund Budget
The Clerk read Bill No. 44 – 2014, Adopting the 2015 9-1-1 Fund Budget, sponsored by
Mr. Recchiuti and Mr. Callahan, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, ADOPTING
THE 9-1-1 FUND BUDGET FOR 2015.
President Reynolds, affirming that the 911 Budget is one of the things City Council will be talking about at tomorrow’s Budget Hearing, said he knows many Council Members have questions about the 911 Fund Budget. President Reynolds pointed out that part of the Administration’s proposed tax increase is to stabilize the 911 Fund. President Reynolds affirmed that Robert Haffner, 911 Director, has contacted Council Members. He continued on to communicate that obviously there are a lot of considerations with this issue, and Council will address the matter at the Budget Hearing tomorrow. President Reynolds encouraged everyone to reach out because in looking at the Budget as a whole the 911 System is one part there are many questions about. While highlighting the value of public safety and the City’s 911 service, President Reynolds noted it needs to be remembered that there is a cost to the City. President Reynolds stressed that a lot of that cost is cost that should have been coming from the State and from other revenue sources, and it has not turned out the way some of those funding sources were promised. President Reynolds observed this leaves the City holding the bag on the local level for something the State did not fund the way they were supposed to. President Reynolds commented it leaves Council with a lot of questions for the Budget Hearing tomorrow. He encouraged all Council Members, if they have not spoken to Mr. Haffner and if they have any questions, to contact him before the Budget Hearing.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 44 – 2014 was passed on First Reading.
L. Bill No. 45 – 2014 – Fixing the 2015 Tax Rate for All City Purposes
The Clerk read Bill No. 45 – 2014, Fixing the 2015 Tax Rate for All City Purposes, sponsored by Mr. Recchiuti and Mr. Callahan, and titled:
AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, FIXING
THE TAX RATE FOR ALL CITY PURPOSES FOR
THE YEAR 2015.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. Bill No. 45 – 2014 was passed on First Reading.
9. RESOLUTIONS
A. Approving Hiring – Department of Community and Economic Development
Mr. Callahan and Mr. Evans sponsored Resolution 2014-233 that approved the filling of the position of Business Retention/Attraction Officer – Department of Community and Economic Development in accordance with the provisions of Resolution No. 2014-83 adopted May 6, 2014.
Mr. Recchiuti questioned the timing of the hiring because it will be about 4 weeks before passage of the Budget and there are about 7 weeks left in the year. Mr. Recchiuti observed Council will be passing the Budget either with the position in it or maybe not in the Budget, depending on what cuts there are. Mr. Recchiuti asked how imperative it is to have this position, and will it be filled before the end of the year.
David Brong, Business Administrator, noting this is not the first position that Council has been asked to act on most recently, recounted that the Members acted to fill a position at a recent Council Meeting. Mr. Brong explained Ms. Karner is trying to establish some operational continuity within her Department, and not wait another 7 weeks to hire this position. Mr. Brong said he understands why she wants to do this, but he also understands that Council has a Budget process that is underway, and is looking at other organizational changes within that function as well. Mr. Brong stated that the Administration is doing what it needs to do to establish continuity.
Mr. Recchiuti thought that prior to 2012 the position was budgeted as the Deputy Director of Community and Economic Development, and when that position became vacant it was re-budgeted as the Business Retention Specialist. The Budget being proposed now has the Deputy Director back into the position. Mr. Recchiuti observed that, if the Department is creating the position again that it had 3 years ago, then maybe one of these positions could be eliminated. Mr. Recchiuti commented that perhaps consideration of this position should be postponed tonight.
Alicia Karner, Director of Community and Economic Development, stated she did propose a Deputy Director for the Department of Community and Economic Development and not just the Bureau of Economic Development as was previously in the Department. There was also at that time, or earlier, a Deputy Director of Community Development. Expressing that the position is a critical position for the Department, Mr. Karner advised that the Department is particularly shorthanded when it comes to economic development. Ms. Karner expressed she ideally would want to utilize the position in assisting with a number of initiatives that may not have had the attention they deserve within the City. Ms. Karner stated it is her philosophy that there be cross-training and a generalist to be able to fulfill the duties when there are vacancies for one reason or another. Ms. Karner explained the position is vacant because of someone having the opportunity to move on to a better position elsewhere. Ms. Karner stated it would not have been her desire to eliminate this position in an effort to get a Deputy Director position.
Voting AYE: Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 6. Voting NAY: Mr. Recchiuti, 1. The Resolution passed.
Considering Resolutions 9 B through 9 E as a Group
Mr. Callahan and Mr. Waldron moved to consider Resolutions 9 B through 9 E as a group. Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. The motion passed.
B. Certificate of Appropriateness – 459 Main Street
Mr. Recchiuti and Mr. Evans sponsored Resolution 2014-234 that granted a Certificate of Appropriateness to install a blade sign and vinyl window lettering at 459 Main Street.
C. Certificate of Appropriateness – 545-547 Main Street
Mr. Recchiuti and Mr. Evans sponsored Resolution 2014-235 that granted a Certificate of Appropriateness to install new snow guards on the roof at 545-547 Main Street.
D. Certificate of Appropriateness – 46 East Wall Street
Mr. Recchiuti and Mr. Evans sponsored Resolution 2014-236 that granted a Certificate of Appropriateness to replace existing door with a new pair of French doors and replace a pair of double hung windows with a smaller casement window at 46 East Wall Street.
E. Certificate of Appropriateness – 257 East Church Street
Mr. Recchiuti and Mr. Evans sponsored Resolution 2014-237 that granted a Certificate of Appropriateness to replace the existing slate roof with GAF Slateline shingles and remove a brick chimney at 257 East Church Street.
Voting AYE on Resolutions 9 B through 9 E: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. The Resolutions passed.
10. NEW BUSINESS.
Setting Date for Adoption – 2015 Budget
President Reynolds restated that the Ordinances for the 2015 Budget were voted on First Reading this evening, and obviously need to pass a second time, as do all Ordinances. Recalling the Proposed 2015 Budget had been presented to City Council when the Administration came forward with it on November 7, President Reynolds noted the Members have had the Proposed 2015 Budget for about 10 days. President Reynolds affirmed there will be more Budget Hearings coming up, and several Members may have different amendments that may come forward, including a shared goal of trying to reduce the 6.2 % tax increase between now and December 16, 2014 on Final Reading of the Budget Ordinances.
Mr. Waldron and Mr. Callahan moved to set the date for adoption of the 2015 Budget on Tuesday, December 16, 2014 at 7:00 PM in Town Hall.
Voting AYE: Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, and Mr. Reynolds, 7. The Motion passed.
Announcement - Second Budget Hearing
President Reynolds announced the Second Budget Hearing scheduled Wednesday, November 19, 2014 at 6:00 p.m. in Town Hall on the following budgets: Fire Department, Police Department, and 911 Fund.
Early Retirement Offer
President Reynolds commented he believes this is the last day employees were able to take advantage of the early retirement offer proposed by the Administration.
Mr. Brong stated that is correct.
President Reynolds asked if it is possible in the next few days for Members of Council to get a list of the positions of those who have taken the early retirement incentive.
Mr. Brong replied the Department will do that.
President Reynolds also inquired whether Council may be able to get a list of all open positions currently.
Mr. Brong stated that can be included as well.
President Reynolds, noting if the lists could be forwarded in the next few days, no names are needed, but just a listing of the open positions so that Council can get a general idea. President Reynolds stated he does give the Administration credit for getting the Proposed 2015 Budget to the Members of Council as soon as possible, and one of the reasons the Budget is not discussed in April, May or June is because there are many moving parts that could change by the end of the year. President Reynolds noted in this case the early retirement package is something that can affect some of the things after the Budget Book has been received.
Gypsy Moths
Mr. Callahan, referring to an article in the Morning Call about a large overgrowth of gypsy moths, wondered if the City would be responsible in some way and if there is money in the budget, or will the State spray in the area.
Mr. Brong affirmed there is no gypsy moth funding in the budget of the City of Bethlehem.
Hirko Settlement – Final Payment
Mr. Callahan inquired what is the last year of the assessment for the Hirko Settlement.
Mark Sivak, Director of Budget and Finance, responded that 2015 is the last year.
11. PUBLIC COMMENT.
Rail Authority
Kirk Raup, 818 West Union Boulevard, thanked Chairman Callahan and his Community Development Committee for listening to him at the meeting August 27, 2014 at which he presented the proposal asking for Bethlehem’s help in establishing a rail authority along with Allentown and Easton. Mr. Raup stated he was very pleased with the way that turned out, and it was agreed to send the proposal for a rail authority to City Council, although it has not been done yet. Mr. Raup said he fully understands with what has been going on. Mr. Raup noted most recently he has been encouraged by the fact that just a few weeks ago Senator Robert Casey’s office from Allentown contacted Mr. Callahan and President Reynolds about what they could do to help this effort along. This would be with several funding sources and other Federal departments that would have to be involved in this. Mr. Raup noted the teleconference turned out very well and they indicated they would support this as much as they possibly can. Mr. Raup mentioned there is not much that anyone can do until the proper rail authority has been established locally because that is just the way it works under the Federal and State rules. Mr. Raup felt it was a good indication that the City can depend on Federal support from Senator Casey, and from State Senator Lisa Boscola as well, and Council will be receiving a letter soon from her supporting this effort. Mr. Raup mentioned he had the opportunity to talk with Senator Toomey’s office as well and he believes the City can depend on help from him also. Mr. Raup recalled he sent out a very short list of individuals who indicated they would like to be on the Board of Directors of Smart Regional Rail if the City chooses to go ahead and create it. He pointed out there are some very well qualified people from organizations like LANTA, for example, the Airport Authority, LVIA, ArtsQuest, and a former City Council Member. Mr. Raup explained what he needs to ask Council tonight is to get back to the original intent of the Committee last August to put the proposed rail authority before full Council if possible, or at least open it up to discussion so he can answer questions. Mr. Raup hoped the proposal will be on an Agenda soon so it can be addressed.
Mr. Callahan noted that, when they talked to Senator Casey’s office, it was mentioned that there is an 18 mile stretch from High Bridge, New Jersey, and asked if Mr. Raup found out whether New Jersey Transit made the connection with the funding.
Mr. Raup replied he does not believe there is funding for that within New Jersey Transit, but he cannot speak for sure. Mr. Raup advised he does not know of any plans to do that, it would be part of our responsibility, the track has been budgeted overall, but the main attention was to address the track between here and Lansdale that would all be brand new.
Mr. Callahan stated his impression from the Senator’s office was that New Jersey Transit had already come up with the funding for that 18 mile stretch. Mr. Callahan commented he had also mentioned that to Congressman Charlie Dent when he saw him the other night, who is in support of this also provided that New Jersey Transit will provide the funding for that stretch of rail. It would be our responsibility to connect from here to the Jersey State line.
Mr. Raup affirmed he assumed that all along so it is in the plans but he would like to make more information available to Council. Mr. Raup explained the problem is that it takes years and years to actually go through the process with the FTA and the Federal Railroad Industry, as well as New Jersey Transit, Norfolk Southern, SEPTA, and Amtrak, because many entities get involved in this matter.
Geoffrey McCloud, 6880 Sunflower Lane, Macungie, addressed the request to introduce an Ordinance regarding the creation of a rail authority in the Lehigh Valley. He mentioned that two weeks ago what he experienced at the last Council Meeting was truly invigorating, he saw Bethlehem citizens speaking passionately about development in their City, and the Council individually made an important and tough decision. Mr. McCloud stated he met Mr. Raup through his growing interest in rail opportunities in the Lehigh Valley, and after much discussion he decided to volunteer much of his time and energy to this needed endeavor. Mr. McCloud informed the assembly that his experience in rail extends about 32 years emanating in New York as an employee of the Budd Company, the Redline Plant in Philadelphia, and culminating as a Senior Supervisor in the largest commuter railroad in the country, the Long Island Railroad. Mr. McCloud mentioned what he found in his research was much educated discussion about resurgence of rail in the Lehigh Valley. Politicians, committees, commissions, transportation experts, businesses and citizens all agree that viable commuter rail transportation is not only needed but highly popular as an alternative for transportation in the Lehigh Valley. Mr. McCloud noted what he experienced at the last Council meeting was a need for more foot traffic, more patrons eating at the restaurants and shopping in the local shops, and the fervor for progression, smart development and historic preservation. Mr. McCloud stated he also heard concerns regarding congestion, City access at peak hours, and lack of parking, unrented homes, restaurants and businesses with an inability to maintain customers. Mr. McCloud asked the assembly to imagine having hundreds more patrons, eating in the restaurants, shopping, attending festivals, City events, visiting historic sites, and having employment, all without adding traffic associated with it. He communicated this would be people having the ability to move to Bethlehem, filling unrented homes because they can now easily travel in and out the Lehigh Valley to Allentown, Easton, Philadelphia, possibly to New Jersey and into New York without having to own a second car. Mr. McCloud mentioned this would be increased revenue for the City with employment, real estate and sales taxes, and increased employment opportunities within the Authority if that were to be created. Mr. McCloud expressed that Bethlehem would be the best part of the Lehigh Valley for such employment, and for things like administration, operations and maintenance. Mr. McCloud pointed out this is true smart economic development. He said Bethlehem is the logical epicenter of a Rail Authority, not just because of its geological position in the Valley, but also because of the right of way, and the rail access it provides through current and prior rail access. Mr. McCloud stated it is not only appropriate for Council to initiate the creation of a Rail Authority but it is an extremely advantageous endeavor. Mr. McCloud noted together with the cities of Easton and Allentown, Bethlehem has a unique opportunity to spur real economic development and opportunity to its system at no risk to them by introducing this Ordinance and voting the Rail Authority into place in accordance with the Commonwealth’s Municipal Authorities Act. Mr. McCloud stated that, while funding might be rough from Federal, State and County and may prove difficult, it is absolutely possible given the qualifiers this project possesses. Mr. McCloud urged Council to take the necessary steps to introduce a Rail Authority Ordinance, vote on creating a Rail Authority, and provide Bethlehem with the possibility of a new and much needed way of life.
Parking Violations
Arthur Curatola, 813 Laufer Street, noting he has spoken about busy intersections like Fifth Street and Webster Street several times, said he wishes Council would vote on this and do something about it. He explained that, if you go up Webster Street from southbound up Fourth Street up by the Library and make a left on Fifth Street, if there is a car parked by Fifth Street on the corner by the stop sign you cannot see. Mr. Curatola noted that 15 feet from a stop sign is the law but the Police sometimes give a leeway of a few feet and before you know it they park right up to the stop sign. If you have a van or a company truck and a car is parked on that corner you have to be careful when making that turn. Mr. Curatola stated he spoke to Lieutenant Jeremy Alleshouse and he spoke to the Chief of Police at Lehigh University and they have a video of his van at this intersection and he had to stop quickly because a car had to go all the way to the left. Mr. Curatola asserted that people want to have a parking space by their house and that is the problem. Mr. Curatola believed we need to take our streets back, violators should be getting a $10 ticket, and if they get that three times a week they will think before they park. Mr. Curatola noted those laws were put together for a reason because it was known people would have more cars and there would be more pedestrians later on. Mr. Curatola stressed maybe there should be a sign put by the stop sign that says tow away zone with a $150 fine, and then people would not park there. Mr. Curatola emphasized that the City needs to make the law stick concerning parking 15 feet from a stop sign or an intersection and he hoped that Council votes on this matter.
Certificates of Appropriateness – 24-30 W. Fourth Street – Benner Project
Olga Negron, 1306 East Fifth Street, addressed Resolution 2011-214 passed on December 21, 2014 which states that a motion to reconsider shall be entertained at the current or the next regular meeting following the one at which the vote was taken. No second motion to reconsider the same motion shall be entertained. The purpose of reconsidering a vote is to permit correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote. Ms. Negron, confirming she sent an email to Council about this, noted that, as was mentioned in the email, there was overwhelming feedback from members of the community about the Benner project. Ms. Negron said it is sad that Council could have made a difference and they chose not to. Advising she is not against economic development and is not against the Benner development, Ms. Negron stated it is just in the wrong place. Ms. Negron affirmed that many property owners in the historic zone have to follow those rules, and commented it looks like this is a special change for someone with lots of money. Expressing that she would love to see that kind of a building next to the Casino or by ArtsQuest, Ms. Negron said but not in an historic neighborhood especially after so many people in the community stated they do not want this building on Fourth and Vine Streets, and some even spoke in Spanish. Ms. Negron pointed out the CRIZ has 130 acres so there is much space and other places to build but not in an historic neighborhood. Ms. Negron communicated that she is disappointed.
Peter Crownfield, 407 Delaware Avenue, referring to Ms. Negron’s comment that some people at the last Council Meeting spoke in Spanish, said he was really troubled that City Council made no effort to have that translated because there were many people here who could have translated it at that time. Mr. Crownfield wondered if that means that City Council only cares about people who are fluent in English and those other people do not count. Mr. Crownfield noted the gentleman before spoke about people not paying any attention to laws about how close to the corner to park. Mr. Crownfield stressed there are at least four elected officials behind the Council bench that also do not pay attention to the law, their own Ordinances 1311 and 1714, and the State statute that enabled the Historic District makes it clear the vote on the Certificate of Appropriateness had to be only about historic appropriateness, and City Council’s own Solicitor confirmed that. Mr. Crownfield remarked that nevertheless Council voted on the basis of economic development and not historic appropriateness.
Bill Scheirer, 1890 Eaton Avenue, seconded the remarks made by Ms. Negron and Mr. Crownfield. Mr. Scheirer noted one rumor going around is that some business people who opposed the Benner building were threatened and chose not to speak out. He said he will try to delve a little deeper regarding who they were threatened by. Mr. Scheirer said the second rumor going around is that one of you was so offended by condescending Lehigh Professors that you voted against the building for that reason. Mr. Scheirer affirmed he was at that Meeting, heard it all, and he did not think they were condescending. Mr. Scheirer communicated they were passionate, and maybe a bit argumentative, but not condescending. He added that the exposition of reasoned analysis is never condescending.
12. ADJOURNMENT
The meeting was adjourned at 8:10 p.m.