Council MInutes

August 3, 2010

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, August 3, 2010 – 7:00 PM

1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL

Vice President Gordon B. Mowrer called the meeting to order. Reverend Maria Spada, Trinity United Church of Christ, offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, David T. DiGiacinto, Karen Dolan, J. William Reynolds, and Gordon B. Mowrer, 5. President Robert J. Donchez and Eric R. Evans were absent, 2.

CITATIONS

Honoring Carol Raub

A Citation was presented to Carol Raub on the occasion of her retirement from the Police Department honoring her for 37 years of service to the City.

Honoring Steven Marshall

A Citation was presented to Steven Marshall on the occasion of his retirement as a Police Officer honoring him for 22 years of service to the City.

4. APPROVAL OF MINUTES

The Minutes of July 20, 2010 were approved.

5. COURTESY OF THE FLOOR (for public comment on Ordinances and Resolutions to be voted on by Council this evening – 5 Minute Time Limit)

Main Street - Parking

Stephen Antalics, 737 Ridge Street, observed if parking were extended on the side of the street where the Moravian Book Shop is located down to the last horizontal white line there could probably be 8-10 parking spaces without restricting traffic from Market Street to Main Street, and at much less expense than the proposal for parking on Main Street at the Smithy area. He added that the problem of the drainage area is easily solved. Mr. Antalics, inquiring whether that option has been reviewed, urged City officials to pursue it.

Bruce Haines, 65 W. Market Street, noting that City officials are aware of the alternative proposals that have been discussed concerning adding additional parking spaces on Main Street, pointed out that Mr. Antalics discussed something additional. Mr. Haines affirmed there is a proposal to put parking on the Hill to Hill Bridge ramp with 23 spaces, and converting parallel parking to angle parking on Main Street across from Hotel Bethlehem for about 3-5 additional spaces. Mr. Haines expressed the hope that there will not be a transfer of funding this evening from Main Street Parking to the Ice Rink Repairs. He implored City Council not to take any money away from the South Main Street Parking project until there is a resolution of the cost estimated at $50,000 or about $2,000 per space versus approximately $42,000 per parking space under the proposal for parking on Main Street at the area of the Smithy. Mr. Haines expressed his concern that funds will be removed from providing additional parking on Main Street until it is understood if the estimate is true. Mr. Haines confirmed he had also recommended that an amount of $50,000 of the original $300,000 be considered towards the Window on Main Street project that was initiated several years ago so that the North Side does not deteriorate and is enhanced in view of the history that brings people to the City. Mr. Haines explained that the funding could be used to improve the pathways, install period lighting, and fix the drainage. He reiterated his request imploring Council not to move the funds from the Main Street Parking project.

Windows on Main Street - Improvements

Dana Grubb, 2420 Henderson Place, said he seconds Mr. Haines’ comments. Mr. Grubb pointed out that the grass is bare in the vicinity of the Windows on Main Street area, the stone pathways need to be refurbished, and lighting would enhance the area. Mr. Grubb thought that funding should remain for the Main Street parking improvements and beautification measures should be considered.
6. OLD BUSINESS.

A. Tabled Items

None.

B. Unfinished Business

1. Establishing Article 1716 – Landmarks and Properties of Historical Interest
(Assigned to Preservation Plan Task Force)

C. Old Business – Members of Council

Main Street Parking

Mr. DiGiacinto, affirming that the Main Street Parking issue was discussed at the Finance Committee meeting of July 26, explained that the Administration was requested to review parking on the Route 378 ramp and related costs, changing spaces from parallel to diagonal parking, and whether RACP funding can be used. Mr. DiGiacinto informed the assembly that a memorandum was received from the Administration for this evening requesting that the Ordinance and Resolution for the Ice Rink funding be pulled from the Agenda so that the associated costs can be further studied.

7. COMMUNICATIONS

A. City Clerk – Setting Date for Public Hearing – Police Officer John Nye

The Clerk read a memorandum dated July 30, 2010 stating that the date of the Public Hearing on the matter of Police Officer John Nye has been set for Wednesday, September 22, 2010 at 6:00 PM in Town Hall.

Vice President Mowrer noted that this sets the date of the Public Hearing for the record.

B. City Solicitor – Right of Way Grant Agreement – UGI Utilities, Inc. – West Third Street and Brodhead Avenue

The Clerk read a memorandum dated July 27, 2010 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and associated Right of Way Grant Agreement with UGI Utilities, Inc. for work being completed and coordinated with PennDOT and its contractor in connection with the Route 378 Ramp project.

Vice President Mowrer stated that Resolution 11 I is listed on the Agenda.

C. City Solicitor – Cooperative Memorandum of Agreement – Borough of Hellertown – SR 0412 Multi-Jurisdictional Signal System

The Clerk read a memorandum dated July 23, 2010 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and Cooperative Memorandum of Agreement with the Borough of Hellertown for the multi-jurisdictional signal system planned for construction by PennDOT as part of the Route 412 project.

Vice President Mowrer stated the authorizing Resolution can be placed on the August 17 Agenda.

D. Bethlehem Authority – Working Woodlands Program

The Clerk read a memorandum dated July 29, 2010 from Stephen Repasch, Executive Director of the Bethlehem Authority, to which was attached a summary of the benefits of the Working Woodlands Program that the Bethlehem Authority has been discussing and negotiating with The Nature Conservancy. The Bethlehem Authority, at its regular meeting on July 8, 2010, unanimously agreed to enroll all but approximately 640 acres of its approximate 22,000 acres of watershed property into The Nature Conservancy’s Working Woodlands Program and is seeking Council’s consideration and potential approval.

Vice President Mowrer referred the matter to the Finance Committee.

Adding Communication 7 E

Vice President Mowrer requested that the Clerk read additional Communication 7 E into the record.

E. Business Administrator – Bill 21 and Resolution 11 C – Ice Rink Repairs

The Clerk read a memorandum dated August 3, 2010 from Dennis Reichard, Business Administrator, requesting that Bill No. 2010-21 and the corresponding Resolution for the Ice Rink repairs be pulled from the Agenda so the Administration has additional time to gather the information requested in Councilman DiGiacinto’s August 2, 2010 memorandum concerning the Ice Rink repairs.

Vice President Mowrer stated that Bill No. 2010-21 and Resolution 11 C that are listed on this evening’s Agenda will not be considered as requested in the memorandum from Mr. Reichard.

8. REPORTS

A. President of Council

None.

B. Mayor

None.

C. Community Development Committee

Ms. Dolan, Chairwoman of the Community Development Committee, presented an oral report of the Committee’s meeting held on Thursday, July 22, 2010 at 6:00 PM in Town Hall on the Review of the Proposed Zoning Ordinance.

D. Finance Committee

Mr. Reynolds, Chairman of the Finance Committee, gave an oral report of the Committee’s meeting held on Monday, July 26, 2010 at 7:30 PM in Town Hall. The Committee recommended that City Council adopt Ordinances for the following: Amending General Fund Budget – Justice Assistance Grant; Amending Non-Utility Capital Budget for Ice Rink Repairs and Park/Playground Improvements; Amending Sewer Capital Budget – Capital Appropriations. The Committee requested additional information and tabled the following request: Amending Non-Utility Capital Budget – Enterprise Zone Program. The Committee recommended that City Council adopt Resolutions for the following: Transfer of Funds – Non-Utility Capital Budget - Ice Rink Repairs; Transfer of Funds – Sewer Capital Budget – Sewer Replacement, Camera Unit, and Maintenance Utility Vehicle; Transfer of Funds – Wastewater Treatment – Department Contract; Transfer of Funds – Community Development Budget – Main Street Parking Improvements to Unprogrammed Funds. The Committee also recommended that City Council adopt Resolutions for the following, with reductions from the originally requested amounts: Transfer of Funds – Recycling Bureau – Overtime; Transfer of Funds – Wastewater Treatment Plant – Overtime. The Committee received the following that was for information only: Bond Issues and Grants – List. The Committee reviewed the following, and requested that a revised Non-Utility Capital Plan for 2011-2012 be submitted that decreases the total from $6.6 million to $5 million, with subsequent review by the Finance Committee: Five Year Capital Plan – 2011-2015, and General Obligation Notes – Non-Utility Capital Borrowing.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

A. Bill No. 20 – 2010 – Amending General Fund Budget – Justice Assistance Grant

The Clerk read Bill No. 20 - 2010 – Amending General Fund Budget – Justice Assistance Grant, sponsored by and Mr. DiGiacinto and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE GENERAL FUND BUDGET FOR 2010.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Reynolds, and Mr. Mowrer, 5. Bill No. 20 – 2010 was declared passed on First Reading.

C. Bill No. 22 – 2010 – Amending Sewer Capital Budget – Capital Appropriations

The Clerk read Bill No. 22 – 2010 – Amending Sewer Capital Budget – Capital Appropriations, sponsored by Mr. DiGiacinto and Mr. Reynolds, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM,
COUNTIES OF LEHIGH AND NORTHAMPTON,
COMMONWEALTH OF PENNSYLVANIA, AMENDING
THE 2010 CAPITAL BUDGET FOR SEWER UTILITIES.

Ms. Dolan, inquiring about the reduction in the Outfall Relocation Account, noted she had thought that was part of a change in EPA laws, and there would be a Weir and Outfall to capture heavy sewage flow after rain events.

Jack Lawrence, Superintendent of Wastewater Treatment, advised that the City has an agreement with the EPA concerning overflows and the matter referenced is part of the agreement. Mr. Lawrence, affirming there is no time frame, stated the preliminary design is underway and is anticipated to be completed next year. Mr. Lawrence further notified Ms. Dolan that the EPA concurs with the City’s schedule. Mr. Lawrence added the City is in discussions with Freemansburg. Mr. Lawrence also informed Ms. Dolan that the City submitted its plan to the EPA and told them it would be about two to three years.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Reynolds, and Mr. Mowrer, 5. Bill No. 22 – 2010 was declared passed on First Reading.

11. RESOLUTIONS

A. Transfer of Funds – Recycling Bureau – Overtime

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution 2010-116 that transferred $6,000 in the General Fund Budget from the Recycling-Equipment Repair Fleet Account to the Recycling-Overtime Account for unexpected overtime required this year.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Reynolds, and Mr. Mowrer, 5. The Resolution passed.

B. Transfer of Funds – Wastewater Treatment Plant – Overtime

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution 2010-117 that transferred $25,000 in the Sewer Fund Budget from the Wastewater Treatment – Salaries Account to the Wastewater Treatment – Overtime Account for anticipated overtime required for the remainder of the year.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Reynolds, and Mr. Mowrer, 5. The Resolution passed.

D. Transfer of Funds – Sewer Capital Budget – Sewer Replacement, Camera Unit, and
Maintenance Utility Vehicle

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution 2010-118 that transferred $493,000 in the Sewer Capital Budget from the Sewer Capital – Process Upgrade-Act Sludge Account to the following: $285,000 to the Sewer Capital - Collection System New/Renewal Account to pay for the sanitary sewer replacement on Hellertown Road between Yale Avenue and Millside Drive as part of the current Route 412 project; $183,000 to the Sewer Capital – Sewer Maintenance TV Camera Vehicle Account to replace the existing TV camera vehicle; and $25,000 to the Sewer Maintenance Utility Vehicle Account to replace a Sewer Maintenance utility vehicle.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Reynolds, and Mr. Mowrer, 5. The Resolution passed.

E. Transfer of Funds – Wastewater Treatment – Department Contract

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution 2010-119 that transferred $299,000 in the Sewer Fund Budget from the Sewer General Expense – Capital Appropriation Account to the Wastewater Treatment – Department Contract Account to cover additional landfill costs.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Reynolds, and Mr. Mowrer, 5. The Resolution passed.

F. Transfer of Funds – Community Development Budget – Main Street Parking Improvements
to Unprogrammed Funds

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution 2010-120 that transferred $75,000 in the Community Development Budget from the Main Street Parking Improvements Account to the Unprogrammed Funds Account.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Reynolds, and Mr. Mowrer, 5. The Resolution passed.

G. Certificate of Appropriateness – 2-4 East Fourth Street

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution 2010-121 that granted a Certificate of Appropriateness to install six antennas on rooftop sled mounts and an elevated steel equipment platform on the main roof at 2-4 East Fourth Street.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Reynolds, and Mr. Mowrer, 5. The Resolution passed.

H. Certificate of Appropriateness – 333 Broadway

Mr. DiGiacinto and Mrs. Belinski sponsored Resolution 2010-122 that granted a Certificate of Appropriateness to renovate the façade at 333 Broadway.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Reynolds, and Mr. Mowrer, 5. The Resolution passed.

I. Authorizing Execution of Right of Way Grant Agreement – UGI Utilities, Inc. – West Third Street and Brodhead Avenue

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution 2010-123 that authorized the execution of a Right of Way Grant Agreement between the City and UGI Utilities, Inc. for the purpose of granting permission to construct, maintain, operate, extend, replace, change the size of and remove (1) facilities for conveying telecommunications and other electronic or optical transmissions, (2) underground electric distribution facilities and (3) a pipeline, service laterals and related facilities for the conveyance, transmission and distribution of gas on certain property of the City of Bethlehem at West Third Street and Brodhead Avenue, according to the Agreement.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Reynolds, and Mr. Mowrer, 5. The Resolution passed.

12. NEW BUSINESS.

Committee Meeting Announcement

Chairman Reynolds announced a Finance Committee meeting on August 11, 2010 at 4:30 PM in the Mayor’s Conference Room on the 2009 Audit and 2011 Non-Utility Capital Projects.

Tondabayashi Sister City Activities

Ms. Dolan noted that the annual student exchange with Bethlehem’s Sister City, Tondabayashi, Japan is currently taking place and students from Tondabayashi are visiting Bethlehem. Informing the assembly that a tea ceremony will be held at the Tea House at City Hall next week, Ms. Dolan observed it is one of the many wonderful Sister City events.
13. COURTESY OF THE FLOOR

Neighborhood Notification

Matt Griffin, 2421 East Boulevard, notified the Members that neighbors did not receive notification about the cell phone tower at Rogers and Wood Streets, or the ball field lights at Rogers and Lewis Streets. Informing the Members that his house borders these areas, Mr. Griffin said these are quality of life issues for taxpayers and neighbors that affect not only the safety and security of the residents but also their property values. Mr. Griffin expressed that he would greatly appreciate if in the future City Council could ensure that neighbors are contacted regarding such issues. Turning to Big Woody’s Pizza and Sports Bar at 2625 Easton Avenue for which a Liquor License was approved at the July 6 City Council Meeting, Mr. Griffin pointed out it is already a very populated area, and there are a lot of children in the area. Noting that people from the baseball and football associations have expressed their concerns, Mr. Griffin communicated he has concerns for the safety of his children and those in the neighborhood. He added it is a very busy street and residents are constantly plagued with issues including speeding, problems with the intersection, and trash in the streets and on the sidewalks from the Wawa and other businesses. Mr. Griffin requested that Council look into these issues and consider the homeowners before making a decision, and make sure the people in the neighborhood were properly contacted. Mr. Griffin explained that in the evening when his children go to bed the lights from the athletic fields shine into the second floor of his home and are blinding. Mr. Griffin advised that, while representatives of the athletic association are going to work with the neighbors in the fall, it is something that should have been addressed before the lights were installed. Mr. Griffin, remarking that the cell phone tower is hideous, pointed out that cell towers are being installed on City properties throughout the City.

Various Issues

Eddie Rodriquez, 1845 Linden Street, stated that what is happening on the South Side is spreading to the North Side. Mr. Rodriquez commended Police Commissioner Bedics and the Police Departments of Bethlehem, Allentown, and Easton and the Route 222 Corridor Drug Task Force for what they have done in addressing the Latin Kings issue. Stressing that the issue is not over, Mr. Rodriquez stated someone will replace these individuals, and they will try to recruit new young people. Mr. Rodriquez urged everyone to contact the Police when they observe something, and added that he will continue to contact the Police. Mr. Rodriquez emphasized that these individuals will do anything they can to get their drugs and whoever they harm is secondary. Mr. Rodriquez urged the Mayor to notify people in the community in order to educate them about such matters. Mr. Rodriquez communicated that the rehabilitation centers should do more.

Main Street Parking Improvements; Proposed New Zoning Ordinance

Bruce Haines, 65 W. Market Street, expressed he is glad that the funding for the Main Street Parking Improvements was delayed and stated he looks forward to working with City officials to get the best possible end use out of the parking opportunities that exist and for improvements to the Window on Main Street area.

Mr. Haines advised that he submitted suggestions to Darlene Heller, Director of Planning Zoning, and also met with her relative to creating buffer zones where commercial businesses abut residential districts. Mr. Haines stressed that, in view of the new proposed Zoning Ordinance, this will be the last time to protect residential neighborhoods. Mr. Haines observed there are intrusive occurrences where residential and commercial districts abut. Mr. Haines pointed out that one of the items in the proposed new Zoning Ordinance is not only the cell tower issue but the appropriateness of windmills in residential areas and virtually every district. Mr. Haines suggested that the proposed new Zoning Ordinance be read carefully in that there are new provisions that are not necessarily friendly to residents.

2007 Accident

Dana Grubb, 2420 Henderson Place, asked questions related to a news story regarding an accident in 2007 involving a member of an Authority. Among the questions he asked were why City Council was not extended the courtesy of being notified of the hospitalization of a Police Officer, why a sobriety test was not given to the operator of a vehicle, why it was not reported by the newspapers or a press conference held. Mr. Grubb expressed his opinion that this was an attempt to bury and hide the truth. Mr. Grubb thought an investigation into the accident should be conducted.

Intermunicipal Transfer of Liquor License to Big Woody’s

Bill Scheirer, 1890 Eaton Avenue, commented that the Intermunicipal Transfer of Liquor License to Big Woody’s still has to be approved by the Pennsylvania Liquor Control Board. He added there is a sign on the property giving notice to the public and an opportunity to make citizens’ views known.

Authorities, Boards, and Commissions - Appointees

Stephen Antalics, 737 Ridge Street, stated that the Authorities, Boards, and Commissions whose members are appointed by the Administration have a direct impact on the welfare of the community. Mr. Antalics thought City Council should take a strong look at involvement, and should have the ability to question the recommended appointees before voting on their appointments.

Parking on Hill to Hill Bridge Ramp

Mary Pongracz, 321 W. Fourth Street, commented there is a fine line between the right to know and the right to privacy. Ms. Pongracz explained the difficulty in parking at City Hall in order to attend a Council Meeting when there is one hour parking. Ms. Pongracz related that her vehicle was almost hit last week as she was making a left turn onto Main Street from the Hill to Hill Bridge when the driver of a vehicle on Main Street wanted to turn onto the Bridge. Ms. Pongracz thought that the idea of installing parking on the Hill to Hill Bridge Ramp should be thoroughly studied in view of the fact that the Bridge has been one way onto Main Street for a very long time.

2007 Accident

John Ladics, Kaywin Avenue, remarked that if someone cannot say anything nice about a person then they should not say anything at all. Mr. Ladics said there was no reason to have anything like that in the paper, there was nothing swept under the rug, the accident was taken care of, the charges and damages to the cruiser car were paid, as well as hospitalization of the Officer, and it is now cleared.

Various Issues

Dean Bruch, 555 Spring Street, thought there should be another garage built in this end of town. Mr. Bruch commented there should be parking added to the Hotel Bethlehem or somewhere else. Mr. Bruch noted that a very good job was done by the Police Officers in Allentown, Bethlehem, and Easton, surrounding area, and the FBI in finding the individuals involved with the drugs, as noted earlier. Mr. Bruch asserted that the condition of some of the roads such as Broad Street and Linden Street are very poor with potholes, ripples, etc. Mr. Bruch suggested that as they travel throughout the City employees could write down matters that need to be addressed. Mr. Bruch expressed that he has concerns about the City’s past debt. Mr. Bruch questioned the payments remaining on the Landfill debt.

The meeting was adjourned at 8:10 p.m.