City Council - City of Bethlehem

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, February 17, 2015 – 7:00 PM

INVOCATION

Pastor Dwight Mikesell, Calvary Wesleyan Church, 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, Eric R. Evans, Michael D. Recchiuti, Cathy Reuscher, Louis N. Stellato, Adam Waldron, and J. William Reynolds, 7.

PUBLIC HEARING

Intermunicipal Transfer of Retail Restaurant Liquor License to 1402-1412 Center Street

Prior to the consideration of the regular Agenda items, President Reynolds called to order a Public Hearing to receive public comment on the request for the Intermunicipal Transfer of Retail Restaurant Liquor License No. R-11705 owned by Boliari Restaurants, Inc. t/a the Galley through its Agent and Authorized Party, First National Bank of Pennsylvania and J. J. Fixl Properties, LLC, formerly licensed to conduct business at 6615 Sullivan Trail, Wind Gap to Northampton County Restaurant, Inc. t/a Rudy’s Diner, Bar & Grill, 1402-1412 Center Street, Bethlehem, Northampton County, Pennsylvania.

Attorney Paul Harak advised he is representing the applicant, Northampton County Restaurant, Inc. t/a Rudy’s Diner, Bar & Grill. As required, they sent out notice to the property owners within 500 feet, posted the property, and filed an affidavit with the City Clerk’s Office of which a copy was returned to him on February 2, 2015. Attorney Harak advised this restaurant is the former Collins Restaurant, which was the Star City Diner after it was Collins Restaurant. Attorney Harak informed his clients, Rudy and Carla Buezo, own another restaurant named Frank’s Italian Restaurant on Route 248 in Palmer Township. Attorney Harak brought menus for Council to look at and pointed out this restaurant is an Italian Restaurant, with comfort foods. Attorney Harak pointed out this family has been in the restaurant business for more than 18 years. Rudy’s Diner opened on January 14, 2015 and has been opened since that time. He continued, the license we are asking to have moved here is from the Galley Restaurant that was in Wind Gap, and referenced the restaurant has a ship’s mast visible from Route 33. Attorney Harak stated he believed this license would be a good fit and added that based upon his operation of Frank’s Italian Restaurant, Mr. Buezo is a responsible business owner; familiar with the restaurant industry. Attorney Harak encouraged Council to stop by and visit the restaurant.

Mr. Callahan thanked Mr. Buezo for investing in our City and added that Collins was a good restaurant. He wished Mr. Buezo the best with the new restaurant.

Mr. Buezo thanked Council for the opportunity to have this business in Bethlehem.

Mr. Recchiuti pointed out this property is about a block from his law office and before this summer, it was a property in disrepair. He continued under new ownership, the property has been maintained well, it is newly painted, and the weeds are cut. Mr. Recchiuti mentioned they did a good job remodeling the restaurant and extended his thanks to Mr. and Mrs. Buezo.

Attorney Harak informed that in addition to the exterior property being taken care of, the interior was done as well. He empathized this will be a restaurant as opposed to a bar. It will be food oriented with the ability to have a drink if you want one.

Mr. Evans related the inside of the restaurant is very nice. He mentioned he had breakfast there a few weeks ago and enjoyed the experience. He continued they provided good service and wished them the best for success at Center Street location, as well as their other restaurant in Palmer Township.

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February 17, 2015

President Reynolds added he does not live far from this area and has seen people working there throughout the summer months, improving the property. He stated the reuse of the restaurant in this particular neighborhood is a good thing. President Reynolds remarked the investment in this restaurant is something that the City appreciates, and he wishes them all the luck and success.

Mr. Stellato stated he is looking forward to a delicious meal at the new restaurant.

President Reynolds informed Resolution 9a is on the agenda tonight.

The Public Hearing was adjourned at 7:20 p.m.

2. APPROVAL OF MINUTES

The Minutes of December 16, 2015 and January 20, 2015 were approved.

3. PUBLIC COMMENT

President Reynolds announced that Resolution 9 K – Appointing City Controller - is being taken off the agenda tonight and a Special City Council Meeting will take place on Monday, February 23, 2015 at 8 pm in Town Hall to appoint the City Controller. The Resolution will be on the Special City Council Agenda.

Article 941.05 (c) - Firearms

Tom Campione, 33 West Water Street, Hellertown, remarked he is the Director of Legislative Affairs for an organization called Pennsylvanians for Self Protection. He was at the last City Council Meeting and urged Council to vote yes and repeal the $2.00 gun permit Ordinance, which he understands will be voted on tonight. Mr. Campione noted since he was at the last Council Meeting, the Clerk’s Office received a letter from Attorney Joshua Prince, dated February 10, 2015. In that letter Attorney Prince indicates that there is work that is yet to be done on Article 941.05 (c) which was previously revised. Mr. Campione noted in that letter he was under the impression that this was being voted on tonight but since was notified otherwise. Mr. Campione stated he is at this meeting to urge Council to repeal that section in its entirety. Mr. Campione then quoted from Attorney Prince’s letter: Unless the Township, obviously he meant the City, immediately repeals Section 941.05 (c) in its entirety, my clients have authorized me to file suit against the City of Bethlehem, as well as, to file private criminal complaints against each City Council member that votes to take any action other than to repeal these unlawful ordinances in violation of Pennsylvania’s Crime Code. Accordingly, it is my hope that City Council will rescind this unlawful Ordinance. However, if the City would rather litigate these issues in Federal Court, instead of repealing this Ordinance, kindly advise as to whether your Solicitor is authorized to accept service or whether you prefer the United States Marshalls be retained to serve the complaint. Mr. Prince then closes his letter. Mr. Campione pointed out that it is very important that this Council address Ordinance 941.05 (c), and continued, if there is any doubt as to the seriousness of this matter or our resolve to bring the City of Bethlehem to compliance with State law, he suggests Council look no further than the City of Harrisburg, which has both civil and criminal complaints filed against it and each of its individual Council members. Mr. Campione stated if Council has any questions they should reach out to their attorney.

Frank Baran, 36 West Spruce Street, spoke concerning the proposed revision of amendments to the City’s Ordinances prohibiting the carrying of guns in parks and playgrounds. Mr. Baran noted the City’s Ordinance section 941.05 has been on the books for years. He continued it prohibits the carrying or discharging of any dangerous weapon including guns in City parks. Late last year the State legislature passed Act 192, which was intended to override any municipal Ordinance dealing with the regulation of guns. Mr. Baran noted this was a poorly conceived law and it is now being challenged in court by four Cities - Lancaster, Philadelphia, Harrisburg and Pittsburgh. Mr. Baran stated on November 18, 2014 Council adopted an Ordinance that would leave the City’s original Ordinance intact but add the caveat that the City recognizes that Act 192 supersedes its Ordinance. Mr. Baran pointed out this was an appropriate action on the part of Council. The amendment adheres to the provisions of Act 192, while leaving open the possibility in the future that the City’s Ordinance

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would be revived in the event that Act 192 is overturned by the courts. Mr. Baran now sees that City Council is going to go further with a significant revision to the original language. He stated he does not support that, although he does understand Council’s predicament. The Lehigh Valley Tea Party and others have put Council on notice, as referred today that the City is in violation of Act 192 if it does not rescind the Parks Safety Ordinance all together. Mr. Baran stated that before Council acts on any new amendment tonight, he wished to make one point and one suggestion. In general, he is concerned about having gun owners romping around City parks exhibiting their weapons in front of the public. He continued, there are many trails that are used heavily by City residents such as the Lehigh River tow-path and the Monocacy Creek walking trail. Mr. Baran queried if the users of these trails would feel comfortable seeing people with guns and possibly assault weapons walking the trails. Mr. Baran noted he believes this would bring a chilling effect to people who use these parks. They would have no way of knowing if the person with the openly visible gun was an honest man or a criminal. Mr. Baran informed Bethlehem already is one of the safest Cities in Pennsylvania, and it does not need a number of aspiring militiamen trying to do something that City Police already accomplish successfully. Mr. Baran recognized that for the moment the City must put up with Act 192. He mentioned City Council can file a Friend of the Court brief on behalf of Lancaster, Philadelphia, Harrisburg, and Pittsburgh.He continued City Council can let the courts know that our City believes that Act 192 was wrong and should be overturned. Mr. Baran added Bethlehem can tell the courts that our residents want to walk our trails, visit our parks and playgrounds without worrying about whether the gunman they see wishes them good or ill. Mr. Baran stated filing a Friend of the Court brief would create no legal liability for the City and the filing of such a brief is not a gun Ordinance that is precluded under Act 192. Mr. Baran remarked he is not an attorney, but it is hard to conceive that the City could be sued merely for supporting the actions that Lancaster, Philadelphia, Harrisburg and Pittsburgh are taking to over turn Act 192. He added, as a municipal corporation, the City has a first amendment right to express its opinions and to petition for redress of grievances. Mr. Baran mentioned Act 192 is not a gag order.

4. OLD BUSINESS.

A. Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

5. COMMUNICATIONS

A. Human Resources Director – Recommendation of Award – St. Luke’s Hospital

The Clerk read a memorandum from Michelle Cichocki, Director of Human Resources, recommending approval for a contract with St. Luke’s Hospital to provide Department of Transportation Drug and Alcohol Testing. The total estimated cost is $7,728.80 and the term of the contract is January 1, 2015 through December 31, 2015.

President Reynolds stated Resolution 9 E is on the agenda.

B. Director of Water and Sewer Resources – Recommendation of Award – T & M Associates

The Clerk read a memorandum from Edward J. Boscola, Director of Water and Sewer Resources recommending a contract with T & M Associates to provide engineering services and prepare the DEP permit application for Well No. 3 at Country Squire Estates in East Allen Township. The total estimated cost is $29,750 and the term of the contract is from the date of Notice to Proceed (NTP) to December 31, 2015.

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            President Reynolds stated Resolution 9 F is on the agenda.

C.         City Solicitor – Ordinances – Amending Article 725 – Weapons – Amending Article 941 -
            Parks

The Clerk read a memorandum from City Solicitor William P. Leeson, Esq. regarding Ordinances Amending Article 725, Weapons and Article 941, Parks. As part of the Law Bureau’s review of the City’s firearms ordinances it has identified that Article 725 regarding discharge of firearms as one that should be written more precisely. The proposed revision to Article 725 renders unnecessary the corresponding provisions regarding the discharge of firearms in Article 941.05. Those provisions in 941.05 can be deleted in favor of the more comprehensive new Article 725.

President Reynolds stated the Ordinances can be placed on the March 3, 2015 agenda for First Reading.

D. Director of Planning and Zoning – Recommendation for Award – Historic Officer – Artifact
Inc.

The Clerk read a memorandum from Darlene Heller, Director of Planning and Zoning recommending approval for a contract with Artefact to provide services as Historic Officer for the Historic Conservation Commission for 12 meetings in 2015. The amount of the contract is $14,400.

            President Reynolds stated Resolution 9 G is on the agenda.

E.         Director of Planning and Zoning – Recommendation for Award – Historic Officer – Phillips
            & Donovan Architects LLC

The Clerk read a memorandum from Darlene Heller, Director of Planning and Zoning recommending approval for a contract with Phillips & Donovan Architects LLC to provide services as Historic Officer for the Historic Architectural Review Board for 12 meetings in 2015. The amount of the contract is $14,400.

President Reynolds stated Resolution 9 H is on the agenda.

F. City Solicitor – Intergovernmental Cooperation Agreement – Lower Nazareth Sewer Service
Agreement

The Clerk read a memorandum from City Solicitor William P. Leeson, Esq. and Assistant City Solicitor Matthew J. Deschler, Esq. attached to which is a proposed ordinance and associated intergovernmental cooperation agreement between the City of Bethlehem and Lower Nazareth Township for sewer services.

President Reynolds stated the Ordinance can be listed on the March 3, 2015 agenda for First Reading.

G. City Solicitor – Ordinance Amending Article 927 Entitled Sewer Rental

The Clerk read a memorandum from City Solicitor William P. Leeson, Esq. attached to which is a proposed ordinance to amend Article 927.02 (c) for the purpose of adding Lower Nazareth Township as a municipality to be charged a bulk service rate for sewer service.

President Reynolds stated the Ordinance can be listed on the March 3, 2015 agenda for First Reading.

H. Director of Community & Economic Development – Keystone Communities Grant
Application.

The Clerk read a memorandum from Alicia Miller Karner, Director of Community and Economic Development, to which is attached a Resolution as a requirement for the $100,000
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Keystone Communities Grant Application for the Economic Development Coordinator. The current operational funding for the Economic Development Coordinator from Pennsylvania Department of Community and Economic Development ends on June 30, 2015. This application will allow for an additional two years of funding for this position.

President Reynolds stated a public meeting is scheduled for March 3, 2015 on this matter and the Resolution can be placed on the March 3, 2015 agenda.

I. Public Works Director – Recommendation for Award – A.J. Trunzo, Inc.

The Clerk read a memorandum from Michael Alkhal, Director of Public Works recommending approval for a contract with A. J. Trunzo, Inc. This project is for complete reconstruction and upgrade of the traffic signals and associated signage, pavement markings, and handicap ramps at the intersections of Elizabeth Avenue and Main Street and Elizabeth Avenue and New Street.

President Reynolds stated Resolution 9 J is on the agenda.

6. REPORTS

A. President of Council

B. Mayor

C. Mr. Recchiuti, Chairman of the Finance Committee, presented an oral report of the meeting that was held on February 11, 2015 at 7:00 PM in Town Hall and reviewed and recommended that Council approve Ordinances for the following: Amending the General Fund Budget: Health Bureau and EMS; Amending the Non-Utility Capital Budget 2014: year end adjustments; Amending the Water Capital Budget: 2014 year end adjustments; Amending the Sewer Capital Budget: 2014 year-end adjustments; and Amending the Community Development Budget: CDBG and HOME programs 2014 year end adjustments.

Mr. Waldron, Chairman of the Human Resources and Environment Committee, presented an oral report of the meeting that was held prior to the Council Meeting at 6:00 PM in Town Hall on the following subject: Review Mayor’s Climate Protection Agreement and Kyoto Protocol, and the City’s energy projects.

7. ORDINANCES FOR FINAL READING

Bill No. 3-2015 – Amending Article 303 – General Business Licenses and Permits

The Clerk read Bill No. 3 – 2015 Amending Article 303 – General Business Licenses and Permits on Final Reading.

Voting AYE: Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. Bill No. 3-2015 now known as Ordinance No. 2015-3, was adopted on Final Reading.

8. NEW ORDINANCES.

A. Bill No. 4 – 2015 – Amending Treasurer’s Salary

The Clerk read Bill No. 4 – 2015 – Amending Treasurer’s Salary, sponsored by Mr. Evans and Mr. Stellato and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA,
ESTABLISHING THE SALARY OF THE TREASURER

Voting AYE: Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. Bill No. 4 – 2015 was passed on First Reading.

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B. Bill No. 5 – 2015 – Main Streetscape Improvements Phase II

The Clerk read Bill No. 5 – 2015 – Main Streetscape Improvements Phase II, sponsored by Mr. Evans and Mr. Stellato and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, RELATING TO THE MAIN STREET STREETSCAPE IMPROVEMENTS PHASE II PROJECT IN THE SEVENTH WARD ON MAIN STREET BETWEEN WEST CHURCH STREET AND WEST BROAD STREET AND PROVIDING FOR THE ASSESSMENT OF PART OF THE COSTS OF THE PROJECT BY THE CITY OF BETHLEHEM ON THE ABUTTING PROPERTY OWNERS ON AN ACTUAL COST AND FRONT FOOT RULE BASIS, IN ACCORDANCE WITH THE TERMS OF ARTICLE XLV-A OF THE THIRD CLASS CITY CODE AND ARTICLES 905 AND 909 OF THE CODIFIED ORDINANCES OF THE CITY OF BETHLEHEM, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT HEREWITH.

Mr. Callahan queried if the owners of the properties on Main Street have the date for when this work will be done.

Mr. Alkhal reported the City will receive bids on the project tomorrow. They have scheduled the final coordination meeting with all of the property owners and interested parties to review the schedule and work out all of the details, impacts, and events that will take place, so that this is as coordinated as possible, before the project commences.

Mr. Callahan asked when this project will start. Mr. Alkhal replied that this will start in March, most likely the second week in March.

Voting AYE: Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. Bill No. 5 – 2015 was passed on First Reading.

C. Bill No. 6 – 2015 – Amending General Fund Budget

The Clerk read Bill No. 6 – 2015 – Amending General Fund Budget, sponsored by Mr. Evans and Mr. Stellato and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA,
AMENDING THE GENERAL FUND BUDGET FOR 2015

President Reynolds remarked these next five Ordinances were all handled at the Finance Committee Meeting.

Mr. Recchiuti stated that is correct.

Voting AYE: Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. Bill No. 6 – 2015 was passed on First Reading.

D. Bill No. 7 – 2015 – Amending Non-Utility Capital Budget

The Clerk read Bill No. 7 – 2015 – Amending Non-Utility Capital Budget, sponsored by Mr. Evans and Mr. Recchiuti and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2015 CAPITAL BUDGET FOR NON-UTILITIES.

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February 17, 2015

Voting AYE: Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. Bill No. 7 – 2015 was passed on First Reading.

E. Bill No. 8 – 2015 – Amending Water Capital Budget

The Clerk read Bill No. 8 – 2015 – Amending Water Capital Budget, sponsored by Mr. Evans and Mr. Stellato and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2015 WATER CAPITAL FUND BUDGET.

Voting AYE: Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. Bill No. 8 – 2015 was passed on First Reading.

F. Bill No. 9 – 2015 – Amending Sewer Capital Budget

The Clerk read Bill No. 9 – 2015 – Amending Sewer Capital Budget, sponsored by Mr. Evans and Mr. Stellato and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2015 SEWER CAPITAL FUND BUDGET.

Voting AYE: Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. Bill No. 9 – 2015 was passed on First Reading.

G. Bill No. 10 -2015 – Amending Community Development Budget

The Clerk read Bill No. 10 – 2015 – Amending Community Development Budget, sponsored by Mr. Evans and Mr. Recchiuti and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE COMMUNITY DEVELOPMENT BUDGET FOR
2015.

Voting AYE: Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Callahan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. Bill No. 10 – 2015 was passed on First Reading.

9. RESOLUTIONS

A. Approving Inter-Municipal Transfer of Liquor License – 1402 – 1412 Center Street

Mr. Evans and Mr. Stellato sponsored Resolution 2015-26 that approved the Intermunicipal Transfer of Restaurant Liquor License Number R-11705 owned by Boliari Restaurants, Inc. t/a the Galley through its Agent and Authorized Party, First National Bank of Pennsylvania and J. J. Fixl Properties, LLC, previously having a principal place of business at 6615 Sullivan Trail, Wind Gap to Northampton County Restaurant, Inc. t/a Rudy’s Diner, Bar & Grill, 1402-1412 Center Street, Bethlehem, Northampton County, Pennsylvania.

President Reynolds remarked this is from the public hearing we had earlier.