Bethlehem Council MInutes

10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, May 7, 2013 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

Reverend Ron Hari, of Hungarian Reformed Church, offered the invocation which was followed by the pledge to the flag.

1. ROLL CALL

President Evans called the meeting to order. Present were Jean Belinski, David T. DiGiacinto, Karen Dolan, Robert J. Donchez, Michael D. Recchiuti, J. William Reynolds, and Eric R. Evans, 7.

2. APPROVAL OF MINUTES

The Minutes of April 16, 2013 were approved.

3. PUBLIC COMMENT

None.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

5. COMMUNICATIONS

A. Parks and Public Property Director – Pennsylvania Department of Community and Economic Development Watershed Restoration and Protection Grant – Monocacy Park Restoration and Creek Bank Stabilization

The Clerk read a memorandum dated April 22, 2013 from Ralph Carp, Director of Parks and Public Property, to which was attached a proposed Resolution to apply for a Pennsylvania Department of Community and Economic Development Watershed Restoration and Protection Grant to assist with the Monocacy Park Restoration and Creek Bank Stabilization project in the area of Illick’s Mill. The grant request is for $200,000 and requires a 15% match that the City already has through a Pennsylvania Department of Environmental Protection Growing Greener grant.

President Evans stated the Resolution will be listed on the May 22 Agenda.

B. City Solicitor – Use Permit Agreement for Public Property – Greater Lehigh Valley Chamber of Commerce – Downtown Bethlehem Association – 2013 Doggie Day Event

The Clerk read a memorandum dated May 2, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and associated Use Permit Agreement between the Greater Lehigh Valley Chamber of Commerce – Downtown Bethlehem Association and the City for use of Main Street between Broad Street and Church Street for the 2013 Doggie Day Event on June 30, 2013, according to the Agreement.

President Evans stated the Resolution will be listed on the May 22 Agenda.

C. City Solicitor – Use Permit Agreement for Public Property – Greater Lehigh Valley Chamber of
Commerce – Downtown Bethlehem Association – Sun Inn Courtyard – Concert Series

The Clerk read a memorandum dated May 2, 2013 from John F. Spirk, Jr., Esq., City Solicitor, to which was attached a proposed Resolution and associated Use Permit Agreement between the Greater Lehigh Valley Chamber of Commerce, by and through its Downtown Bethlehem Association, and the City for use of the Sun Inn Courtyard for the DBA Concert Series for the period May 9, 2013 to June 27, 2013, according to the Agreement.

President Evans stated that Resolution 9 D is listed on the Agenda.

6. REPORTS

A. President of Council

None.

B. Mayor

Dennis Reichard, Business Administrator, advised that the Mayor had no report.

7. ORDINANCES FOR FINAL READING

A. Bill No. 13 – 2013 – Amending Article 908 – Antenna Systems

The Clerk read Bill No. 13 – 2013 – Amending Article 908 – Antenna Systems, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. Bill No. 13 – 2013, now known as Ordinance No. 2013 - 13, was declared adopted.

B. Bill No. 14 – 2013 – Granting Cable Television Franchise – Service Electric Cable T.V., Inc.

The Clerk read Bill No. 14 – 2013 – Granting Cable Television Franchise – Service Electric Cable T.V., Inc., on Final Reading

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. Bill No. 14 – 2013, now known as Ordinance No. 2013 - 14, was declared adopted.

C. Bill No. 15 – 2013 – Granting Cable Television Franchise – RCN Telecom Services (Lehigh) LLC

The Clerk read Bill No. 15 – 2013 - Granting Cable Television Franchise – RCN Telecom
Services (Lehigh) LLC, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. Bill No. 15 – 2013, now known as Ordinance No. 2013 - 15, was declared adopted.

8. NEW ORDINANCES

None.

9. RESOLUTIONS.

A. Authorizing Use Permit Agreement – Holy Infancy Block Party

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-76 that authorized the execution of a Use Permit Agreement between Holy Infancy Roman Catholic Church and the City for use of Webster Street between Fourth Street and Mechanic Street for the Holy Infancy Block Party for the time period May 31, 2013 to June 1, 2013, according to the Agreement.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

B. Authorizing Use Permit Agreement – Holy Infancy Portuguese Heritage Days Festival

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-77 that authorized the execution of a Use Permit Agreement between Holy Infancy Roman Catholic Church and the City for use of Webster Street between Fourth Street and Mechanic Street for the Holy Infancy Portuguese Heritage Days Festival for the time period June 7 to June 8, 2013, according to the Agreement.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

C. Authorizing Use Permit Agreement – Christmas City Wine Festival

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-78 that authorized the execution of a Use Permit Agreement between Christmas City Wine Festival and the City for use of Walnut Street between Main Street and Guetter Street (Nevin Place) for the Christmas City Wine Festival for the time period May 17 to May 19, 2013, according to the Agreement.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

D. Authorizing Use Permit Agreement – Sun Inn Courtyard Concert Series

Mr. Donchez and Mr. Recchiuti sponsored Resolution 2013-79 that authorized the execution of a Use Permit Agreement between the Greater Lehigh Valley Chamber of Commerce, by and through its Downtown Bethlehem Association, and the City for use of the Sun Inn Courtyard for the DBA Concert Series for the time period May 9 though June 27, 2013, according to the Agreement.

Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolution passed.

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

Mr. DiGiacinto and Mr. Recchiuti moved to consider Resolutions 9 E through 9 J as a group. Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The motion passed.

E. Certificate of Appropriateness – 126-128 East Third Street

Ms. Dolan and Mr. Donchez sponsored Resolution 2013-80 that granted a Certificate of Appropriateness to install signs at 126-127 East Third Street.

F. Certificate of Appropriateness – 11 East Third Street

Ms. Dolan and Mr. Donchez sponsored Resolution 2013-81 that granted a Certificate of Appropriateness to install signs at 11 East Third Street.

G. Certificate of Appropriateness – 750-752 East Fourth Street

Ms. Dolan and Mr. Donchez sponsored Resolution 2013-82 that granted a Certificate of Appropriateness to repair the gutter at 750-752 East Fourth Street.

H. Certificate of Appropriateness – 217 Broadway

Ms. Dolan and Mr. Donchez sponsored Resolution 2013-83 that granted a Certificate of Appropriateness to install a temporary sign and retain the installed garage door at 217 Broadway.

I. Certificate of Appropriateness – 13 West Morton Street

Ms. Dolan and Mr. Donchez sponsored Resolution 2013-84 that granted a Certificate of Appropriateness to modify the previously approved new building at 13 West Morton Street.

J. Certificate of Appropriateness – 321 East Third Street

Ms. Dolan and Mr. Donchez sponsored Resolution 2013-85 that granted a Certificate of Appropriateness to construct a new 87,000 sq. ft. school building at 321 East Third Street.

Voting AYE on Resolutions 9 E through 9 J: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The Resolutions passed.

10. NEW BUSINESS.

Rescheduling Second City Council Meeting in May to Wednesday, May 22, 2013

Mr. Donchez and Mr. Reynolds moved to reschedule City Council’s second meeting in May to Wednesday, May 22, 2013 since the normal meeting date of Tuesday, May 21, 2013 is Primary Election Day. Voting AYE: Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, Mr. Recchiuti, Mr. Reynolds, and Mr. Evans, 7. The motion passed.

Finance Committee Meeting

Chairman Reynolds announced a Finance Committee meeting on Wednesday, May 8 at 7:00 PM in Town Hall.

11. PUBLIC COMMENT

Food Trailer

Jose Espinal explained that he is at the Meeting with his wife, Jeannette Vazquez, and they own the Flama Tropical Restaurant at 821 Linden Street for 3 years and 9 months. Jeannette Vazquez added that they just bought a food trailer and they went to the Health Bureau for approval for this but were told to come to City Council. They are asking for permission to establish a food trailer on Stefko Boulevard and Irene Street. It is a commercial area and they would like to put the food trailer in this area Wednesdays through Saturdays from 10:00 a.m. to Midnight. Ms. Vazquez informed the Members that they have a few pictures of the food trailer if Council would like to see them.

President Evans, relating that the typical process for an application for a food cart would go through City Hall during normal business hours, advised it would go to the Community and Economic Development Department. President Evans asked Mr. Reichard to give them a phone number or set up a time that they could meet with City staff to get them started with the process. President Evans asked if they could meet with Mr. Reichard as a representative of City Hall at the end of the Meeting. President Evans explained the process would be done through the Administration versus City Council, and they can certainly help with this.

Garbage – 712 Second Avenue

Paulette Moll, 710 Second Avenue, remarked that all housing has to be equal under the City Ordinance whether it is private or in an apartment complex. Ms. Moll affirmed that she was at the last City Council Meeting and since then she did some research. She spoke with owners of privately owned housing and was told that they have to have a business license, the housing has to be inspected, and they have to fall under the City regulated rental units, just like the home next door to hers. Ms. Moll stated she was told by the City that 712 Second Avenue was not a regulated rental unit and yet she is being told by other people who own similar properties that it is. Ms. Moll stressed that if it is a regulated rental unit then the tenant should have been out of there January 23, 2012 when Yolanda Toro was found guilty of six counts of disorderly house and one count of harassment by the Magistrate Maura. Ms. Moll noted that at her meeting with her Attorney Kris Hubler, the neighbor at 714, the Mayor, Police Chief, Assistant Police Chief and Joseph Kelly in August 2012 they spoke of inspections every two years of occupied rental units. The accumulation of garbage in a dumpster happened in less time because the housing inspectors would not listen to her. This is a 40 cubic yard container that is parked outside her house. Ms. Moll thought that the inspection of long term rental units is probably a good idea to consider. She continued on to say that hoarding is becoming a national problem, as is taking in family members who cannot make it on their own. This creates overcrowding in units where it is not feasible or safe. Ms. Moll asserted that the City Inspectors have to listen; they are creating intolerable conditions for all. Ms. Moll informed the Members that the dumpster shown in the photograph was dropped at 712 Second Avenue about 10:30 a.m. on April 15, 2013 by order of the Department of Health because of all of the trash out on the deck and in the backyard. The dumpster was full in about 6 hours. Ms. Moll added that on April 24 it was still sitting there full as Miss Wuertele, the property owner, could not be bothered to have it removed. Ms. Moll stated that she called the Engineering Bureau about the length of the permit and was told the permit was good for 30 days and that the dumpster was supposed to have been dropped parallel to the curb. However, it was dropped angled and that was a problem because she was not able to use her handicapped parking space. The Engineering staff member stated that the dumpster had to be removed immediately because it was not dropped properly and prohibited Ms. Moll from using her handicapped spot which it was not to interfere with. Ms. Moll pointed out that on a weekly basis the residents of 712 Second Avenue put out 20-25 bags of garbage which was not put out Thursday night for their Friday pickup. Ms. Moll informed the Members that the residents do not recycle, and their garbage is on the ground but not in cans. Ms. Moll, stating she is not sure where the rest of their garbage is, thought it could be in their home because her basement smells. Ms. Moll mentioned that she spoke with Scott Sterner on Monday morning, and was told that he was out there last week because of the trash situation. Ms. Moll, stating that anyone leaving 712 Second Avenue has nothing to do with the Housing Inspectors, commented it will have more to do with the Health Bureau, since at least they are on top of this. Ms. Moll said she is interested to hear the response of Joseph Kelly, Director of Community and Economic Development, to the memorandum of President of Council Eric Evans. Ms. Moll expressed her belief that she is entitled to an answer and hoped this does not happen again to her or anyone else in the City of Bethlehem.

The meeting was adjourned at 7:20 p.m.