Bethlehem Council MInutes

10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, March 18, 2014 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

1. ROLL CALL

President Reynolds called the meeting to order. Present were Bryan G. Callahan, Karen Dolan, Eric R. Evans, Michael D. Recchiuti, Cathy Reuscher, Adam R. Waldron, and J. William Reynolds, 7.

2. APPROVAL OF MINUTES

The Minutes of February 18, 2014 and March 4, 2014 were approved.

3. PUBLIC COMMENT

None.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

1. Article 112 – Campaign Finance Reports

5. COMMUNICATIONS

A. Amending Article 135 – Bethlehem Area Public Library – Lower Saucon Township – Withdrawal

The Clerk read a memorandum dated March 11, 2014 to which was attached a letter dated November 11, 2013 advising that Lower Saucon Township has discontinued its participation with the Library as a contracting municipality as of December 31, 2013. Also attached for Council’s consideration were proposed amendments to Article 135, Bethlehem Area Public Library, reflecting the change.

President Reynolds stated that the Ordinance can be placed on the April 1 Agenda for First
Reading, unless Council would like to have this matter reviewed in Committee.

B. City Solicitor – Use Permit Agreement – American Association of University Women, Bethlehem
Branch – 2014 Book Fair – Memorial Pool Building

The Clerk read a memorandum from William P. Leeson, Esq., City Solicitor, dated March 10, 2014 to which was attached a proposed Resolution and associated Use Permit Agreement between the City and the American Association of University Women, Bethlehem Branch, for use of the Memorial Pool Building for the 2014 Book Fair.

President Reynolds stated that Resolution 9 H is listed on the Agenda.

C. City Solicitor – Lease Agreement – Police Substation – 60 West Broad Street, Suite 99a – Posh
Properties No. 32 Bowlarama Limited Partnership

The Clerk read a memorandum dated March 10, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a proposed Resolution and associated Lease Agreement between the City and Posh Properties No. 32 Bowlarama Limited Partnership for lease of the Police Substation at 60 West Broad Street, Suite 99 a.
President Reynolds stated that the Resolution can be placed on the April 1 Agenda.

D. City Solicitor – Amending Article 307 – Video Amusement Arcades – Section 307.06(e)

The Clerk read a memorandum dated March 11, 2014 from William P. Leeson, Esq., City Solicitor, to which was attached a letter from Kids Quest requesting a change to Article 307.06(e) and a proposed Ordinance to amend Article 307, Video Amusement Arcades, Section 307.06(e). The Administration recommended the amendment to the Ordinance conforming with the request.

President Reynolds stated the Ordinance can be placed on the April 1 Agenda.

E. Amending Article 139 – Authorities – Addition of Bethlehem Revitalization and Improvement
Authority (BRIA)

The Clerk read a memorandum dated March 12, 2014 stating that the Bethlehem Revitalization and Improvement Authority (BRIA) was formed in conjunction with the application for a City Revitalization and Improvement Zone (CRIZ) designation. Attached was a copy of Resolution 2013-195 adopted November 6, 2013 authorizing formation of the BRIA. Also attached for Council’s consideration were amendments to Article 139, Authorities, reflecting the addition of the Bethlehem Revitalization and Improvement Authority.

President Reynolds stated the Ordinance can be placed on the April 1 Agenda.

F. Director of Community and Economic Development – DCED Reorganization

The Clerk read a memorandum dated March 13, 2014 from Alicia Karner, Director of Community and Economic Development, recommending a reorganization of the Department including re-establishing the Bureau of Economic Development and adding two positions to the Bureau, modifying one position with the Administration, realigning positions within the Department, changing a part time Housing Inspector position to full time, and eliminating one position. The additions and changes are necessary for several reasons, including the City’s CRIZ designation and the resulting increased economic activity, and moving the KIZ Zone from LVEDC to BEDCO.

President Reynolds referred the matter to the Community Development Committee.

6. REPORTS

A. President of Council

None.

B. Mayor

None.

7. ORDINANCES FOR FINAL READING

A. Bill No. 4 – 2014 – Amending General Fund Budget – Health Bureau and Police Grant

The Clerk read Bill No. 4 – 2014 - Amending General Fund Budget – Health Bureau and Police Grant, on Final Reading.

Voting Aye: Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. Bill No. 4 – 2014, now known as Ordinance 2014-6, was adopted on Final Reading.

B. Bill No. 5 – 2014 – Amending Non-Utility Capital Budget – 2013 Year End Adjustments

The Clerk read Bill No. 5 – 2014 – Amending Non-Utility Capital Budget – 2013 Year End Adjustment, on Final Reading.

Voting Aye: Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. Bill No. 5 – 2014, now known as Ordinance 2014-7, was adopted on Final Reading.
C. Bill No. 6 – 2014 – Amending Water Capital Budget – Line of Credit

The Clerk read Bill No. 6 – 2014 – Amending Water Capital Budget – Line of Credit, on Final Reading.

Voting Aye: Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. Bill No. 6 – 2014, now known as Ordinance 2014-8, was adopted on Final Reading.

D. Bill No. 7 – 2014 – Amending Community Development Budget – CDBG and HOME Programs –
2013 Year End Adjustments

The Clerk read Bill No. 7 – 2014 - Amending Community Development Budget – CDBG and HOME Programs – 2013 Year End Adjustments, on Final Reading.

Voting Aye: Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. Bill No. 7 – 2014, now known as Ordinance 2014-9, was adopted on Final Reading.

8. NEW ORDINANCES

None.

9. RESOLUTIONS

Motion – Considering Resolutions 9 A through 9 G as a Group – Certificates of Appropriateness

Mr. Recchiuti and Mr. Evans moved to consider Resolutions 9 A through 9 G as a group. Voting AYE: Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. The motion passed.

A. Certificate of Appropriateness – 459 Old York Road

Mr. Evans and Ms. Reuscher sponsored Resolution 2014-33 that granted a Certificate of Appropriateness to install three new outdoor condensing units atop a structural steel platform, change out an upper hatch door to louvers in association with a new HVAC system, new gutters and downspouts and replace a window sash at the water table with a louvered opening, replace hatch door with metal louver at 459 Old York Road.

B. Certificate of Appropriateness – Main and Church Streets

Mr. Evans and Ms. Reuscher sponsored Resolution 2014-34 that granted a Certificate of Appropriateness to install a U.S. Department of Interior National Historic Landmark plaque on the brick wall at Main and Church Streets.

C. Certificate of Appropriateness – 66 West Church Street

Mr. Evans and Ms. Reuscher sponsored Resolution 2014-35 that granted a Certificate of Appropriateness to install a 33” x 33” sign with a 42” projected bracket similar in design and color scheme as current sign at 66 West Church Street.

D. Certificate of Appropriateness – 425 New Street

Mr. Evans and Ms. Reuscher sponsored Resolution 2014-36 that granted a Certificate of Appropriateness to replace gutters and downspouts “in kind” at 425 New Street.

E. Certificate of Appropriateness – 77 West Broad Street, Unit 13-C

Mr. Evans and Ms. Reuscher sponsored Resolution 2014-37 that granted a Certificate of Appropriateness to install signs at 77 West Broad Street, Unit 13-C.

F. Certificate of Appropriateness – 512 Main Street (Sign & Lights)

Mr. Evans and Ms. Reuscher sponsored Resolution 2014-38 that granted a Certificate of Appropriateness to install a sign with lights at 512 Main Street.
G. Certificate of Appropriateness – 512 Main Street (Façade)

Mr. Evans and Ms. Reuscher sponsored Resolution 2014-39 that granted a Certificate of Appropriateness to remove the non-historic storefront and install a new storefront and door at 512 Main Street.

Voting AYE on Resolutions 9 A through 9 G: Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. The Resolutions passed.

H. Authorizing Use Permit Agreement – American Association of University Women, Bethlehem
Branch – 2014 Book Fair – Memorial Pool Building

Mr. Recchiuti and Mr. Waldron sponsored Resolution 2014-40 that authorized a Use Permit Agreement between the City and the American Association of University Women, Bethlehem Branch, for use of the Memorial Pool Building for the 2014 Book Fair for the time period March 14,
2014 to April 29, 2014, according to the Agreement.

Voting AYE: Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. The Resolution passed.

I. Termination – Police Officer Richard Hoffman

President Reynolds advised that before City Council votes on the Resolution he will recognize Attorney Daniel G. Spengler, the Attorney for City Council in this matter, regarding making the signed reprimand part of the record as Exhibit 17.

Attorney Spengler stated that before City Council votes on the Resolution there is a matter that needs to be addressed that, through a miscommunication, was neglected to be addressed at the last Meeting. Attorney Spengler confirmed that he is reopening the record to admit into evidence a document that is labeled Exhibit 17. The document which is entitled, Officers Violation Record, concerns the violation alleged to have occurred on May 14, 2005 at 11th and Vine Streets in the City of Philadelphia. It was signed by Officer Hoffman on May 18, 2005. Its contents were read into the record by former Police Chief Craig Finnerty at the Public Hearing on February 24, 2014 but the document itself is now being offered as Exhibit 17. Attorney Spengler said he will turn the document over to the Clerk, and Council can proceed with action on the Resolution.

Mr. Recchiuti and Mr. Waldron sponsored Resolution 2014-41 that authorized the termination of Police Officer Richard Hoffman effective December 20, 2013.

President Reynolds commented that before he calls for the vote he would like to thank Attorney Spengler for his efforts in this matter. President Reynolds affirmed that the Members of Council appreciated his service. President Reynolds also thanked Attorney William Leeson, City Solicitor, for his services in the matter of the Hearing, and noted that Council is appreciative of the support of the Administration as well.

Voting AYE: Ms. Reuscher, Mr. Waldron, Mr. Callahan, Ms. Dolan, Mr. Evans, Mr. Recchiuti, and Mr. Reynolds, 7. The Resolution passed.

10. NEW BUSINESS.

Committee Announcement

Chairman Evans announced that the Public Safety Committee will hold a meeting on Wednesday, April 16, 2014 at 6:00 p.m. in Town Hall, prior to the 7:00 p.m. City Council Meeting that night. The subject of the meeting will be the extending the term of the Parking Authority.

Environmental Advisory Council

Ms. Dolan reported that the Environmental Advisory Council (EAC) met on the first Wednesday of March. She noted that some of the things discussed are applicable to Council. Ms. Dolan informed the Members that the EAC is looking at possible suggestions for changes to the Zoning Ordinance regarding solar panels. The Commission is also looking at what other cities do in terms of snow removal and road treatment, and where snow is stored in the City. Ms. Dolan noted those are some issues on which the EAC would like to work with the City for the 2014-2015 winter season. Ms. Dolan advised that the EAC requested that Council consider adding two more slots to the membership because of a large interest in becoming a member of the EAC. Ms. Dolan stated that she will be consulting with City Council’s Solicitor as to the possibility of doing this.

11. PUBLIC COMMENT

Non-Profit Organizations - Use of City Property; Payment of Utilities

Stephen Antalics, 737 Ridge Street, noted that following the last Meeting he looked into three non-profit groups in Bethlehem: Historic Bethlehem Partnership, ArtsQuest, and Fox Environmental Center. He advised that there are similarities and differences with the three organizations. Mr. Antalics said they are all lease property owned by the City of Bethlehem, and all have a Chief Officer who receives a salary. Of the three Executives, only one CEO holds a position on Bethlehem City Council. Mr. Antalics informed the assembly that SteelStacks or ArtsQuest pays all their utilities, maintenance and snow removal. Historic Bethlehem Partnership pays the utilities at its various sites in the City. The payment of utilities by the Fox Environmental Center is unclear. Mr. Antalics commented that an email inquiring about utilizes was sent to the CEO and no answer was received. He was informed unofficially that utility bills are sent to the Center by the City’s Department of Parks and Public Property. A spontaneous and unscheduled meeting with the Director of the Department was held at which the meeting started with the Director announcing that a lease existed between the City and Fox Environmental Center. Mr. Antalics reported that the first question he asked of the Director was if Fox was paying for utilities as specified in the lease and the response was no comment. Mr. Antalics remarked that the meeting ended abruptly after the Director’s comment, and that the comment and no response to the email prompted further study. Pending confirmation under the Pennsylvania Right to Know request the unofficial information found was that potentially there was no record of any bills sent to Fox by the Parks Department, or any monies received by the City from Fox concerning utilities. Mr. Antalics stated that the question appears to be has Fox paid or not paid utilities according to the lease, and if not could this possibly be a conflict of interest or an ethics issue. If they are not being paid should City government or another agency look into the situation. Mr. Antalics asked if anyone would like to comment on this now.

Ms. Dolan, advising that Mayor Donchez was at the meeting, noted he might respond to the allegations that she answered no comment at the meeting and that the meeting ended abruptly.

Mr. Antalics confirmed that the meeting ended abruptly with the Director of Parks and not with anyone else. Mr. Antalics restated that the meeting with the Director of Parks ended after he was told no comment and that is the meeting he is talking about. Mr. Antalics said he wanted to correct that statement and stated that the Mayor has nothing to do with this.

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