City Council

Bethlehem Council MInutes

10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, January 20, 2015 – 7:00 PM

INVOCATION

Pastor Dale Miller, of First Baptist 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 Eric R. Evans, Michael D. Recchiuti, Cathy Reuscher, Louis N. Stellato, Adam Waldron, and J. William Reynolds, 6.   Bryan G. Callahan was absent, 1. 

 

2.         APPROVAL OF MINUTES

            None.

3.         PUBLIC COMMENT

None.

4.         OLD BUSINESS.

A.        Members of Council

            None.

B.         Tabled Items

            None.

C.        Unfinished Business

            None.

5.         COMMUNICATIONS

A.        Director of Water and Sewer Resources – Recommendation for Award –Licensed Software Support for SCADA - Emerson Process Management Power & Water Solutions

            The Clerk read a memorandum from Edward J. Boscola, Director of Water and Sewer Resources recommending a contract with Emerson Process Management Power & Water Solutions  to provide licensed software support for the SCADA System at the Water Treatment Plant and Water Distribution Control and support services for licensed firmware and software on an as needed basis at an estimated price of $29,400 for a term from January 1, 2015 to December 31, 2015.

            President Reynolds stated Resolution 9A is on the agenda.

B.         Director of Water and Sewer Resources – Recommendation for Award  -  Application Software Support for SCADA-Emerson Process Management Power & Water Solutions Inc.

The Clerk read a memorandum from Edward J. Boscola, Director of Water and Sewer Resources recommending a contract with Emerson Process Management Power &Water Solutions, Inc. to provide Application Software Support, SCADA Hardware Maintenance Support and additional support services for the application software and hardware maintenance on an as needed basis for the SCADA System at the Water Treatment Plant and Water Distribution Control including associated remote sites at an estimated price of $14,610 for a term from January 1, 2015 to December 31, 2015.

            President Reynolds stated Resolution 9B is on the agenda.

C.         Director of Water and Sewer Resources – Recommendation for Award – Drinking Water Facilities
            Operation and Management – East Allen/Allen Townships – K. L. Fulford Associates, Inc.

            The Clerk read a memorandum from Edward J. Boscola, Director of Water and Sewer Resources recommending a contract with K. L. Fulford Associates to provide for the operation and management of the drinking water facilities located in East Allen Township and a portion of Allen Township which are part of the City of Bethlehem Water System at an estimated price of $34,560 for a term from January 1, 2015 to December 30, 2015.

President Reynolds stated Resolution 9C is on the agenda.

D.         Director of Water and Sewer Resources – Recommendation for Award – Annual Engineering Services –
             Steven G. Lowry & Associates, Inc.

.           The Clerk read a memorandum from Edward J. Boscola, Director of Water and Sewer Resources recommending a contract with Steven G. Lowry & Associates to provide annual engineering services for the Department of Water & Sewer Resources Water Bureau at an estimated price of $64,000 for a term from January 1, 2015 to December 31, 2015.

            President Reynolds stated Resolution 9D is on the agenda.

E.         Mayor – Request to Fill Vacancy – Bureau of Health

The Clerk read a memorandum from Mayor Robert J. Donchez requesting to fill a vacancy in the Bureau of Health.  The position is Health Secretary with a 2015 budget salary of $46,461.

            President Reynolds noted the Resolution can be listed on the February 3 agenda.

F.        Mayor– Request to Fill Vacancy – Bureau of Housing

The Clerk read a memorandum from Mayor Robert J. Donchez requesting to fill a vacancy in the Bureau Housing.  The position is a Housing Inspector with a 2015 and will be a contract position through a grant at a bi-weekly cost of $1,910.77.

            President Reynolds noted the Resolution can be listed on the February 3 agenda.

G.       City Solicitor – Amending Article 303 – General Business Licenses and Permits

The Clerk read a memorandum from City Solicitor William P. Leeson, Esq.  to which was attached a proposed Ordinance to amend Article 303 of the Codified Ordinances entitled General Business Licenses and Permits, Section 303.01 – Licenses and Permit Fees.

            President Reynolds noted the Ordinance can be listed on the February 3 agenda for First Reading. 

H.     City Solicitor – Use Permit Agreement for Public Property – Celtic Fest – St. Patrick’s Day Concert

The Clerk read a memorandum from City Solicitor William P. Leeson, Esq. to which was attached a proposed Resolution and Use Permit Agreement for the Parade of Shamrocks St. Patrick’s Day Concert.  The Permittee is Celtic Fest, Inc. dba the Celtic Cultural Alliance.  The event is scheduled for March 14, 2015 and the premises is at Nevin Place adjacent to the Sun Inn Courtyard.

            President Reynolds noted the Resolution can be listed on the February 3 agenda.

I.      City Solicitor – Use Permit Agreement for Public Property – AAUW – Book Fair

            The Clerk read a memorandum from City Solicitor William P. Leeson, Esq. to which was attached a proposed Resolution and Use Permit Agreement for the 2015 Book Fair.  The Permittee is the American Association of University Women, Bethlehem Branch.  The event is scheduled for April 23, 2015 – April 28, 2015 and the premises is the Memorial Pool Building.

            President Reynolds noted the Resolution can be listed on the February 3 agenda.

J.      Request for Inter-municipal Liquor License Transfer – 1402-1412 Center Street

The Clerk read a correspondence from Attorney Paul J. Harak who represents Northampton County Restaurant, Inc. t/a Rudy’s Diner Bar and Grill.  They are requesting approval for an Inter-Municipal Liquor License Transfer from Boliari Restaurants, Inc. t/a The Galley through its agent and authorized party, First National Bank of Pennsylvania and J. J. Fixl Properties, LLC to Northampton County Restaurant t/a Rudy’s Diner Bar and Grill.  The liquor license will be operated from 1402 to 1412 Center Street and the current owner of the license is Boliari Restaurants, Inc. t/a The Galley through its agent and authorized party, First National Bank of Pennsylvania and J. J. Fixl Properties previously having a principal place of business at 6615 Sullivan Trail, Wind Gap.  A public hearing is being requested on this matter.

            President Reynolds stated he would accept a motion to schedule a public hearing on Tuesday, February 17, 2015 at 7 pm in Town Hall.

            Mr. Recchiuti made the motion.  Ms. Reuscher seconded the motion. 

            Voting AYE:  Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Reynolds, 6.

            President Reynolds noted there will be a public hearing on Tuesday, February 17, 2015 at 7 pm in Town Hall.

 

6.         REPORTS

A.        President of Council – Annual Report


City Council conducted 25 Committee meetings, adopted 48 Ordinances and 269 Resolutions in 2014.

Ordinances adopted by City Council in 2014 included:

  • Issuing a Pension Bond Ordinance for the PMRS Pension Fund

 

  • Refinancing the 2004 Pension Bond for the Police and Fire Pension Funds
  • Benefit changes for new hires in the PMRS Pension Fund

 

  • Refinancing of the Non-Utility Capital Bond Issue
  • Street Vacations for Portions of Ninth Avenue and Tenth Avenue in conjunction with building a new Nitschmann Middle School

 

  • Revising the Sprinkler Systems Alarm Ordinance

In the areas of Water and Sewer, City Council authorized a Guaranteed Revenue Note of $10,737,000 for Sewer Projects issued through the PennVest Program; and, authorized a Guaranty for the Bethlehem Authority Water Revenue Bond of $67,785,000 for Refinancing and Capital Projects.   Water and Sewer Rate Increases were also adopted. 

City Council adopted amendments to the Zoning Ordinance to update Floodplain Provisions, and adopted an Ordinance to increase the term of the Parking Authority for 50 additional years.

a new Civil Service Board for the Police and Fire Departments was created by Ordinance to reflect changes in the newly revised Third Class City Code.  The previous Civil Service Boards for Police, Fire, Engineering, Electrical, Building, and Health were removed under the new State provisions. 

Following review at several Committee meetings, City Council approved an Ordinance to update Article 941 – Parks.

An Ordinance requiring Council approval of contracts over $50,000 was initiated in 2014, in addition to adoption of a Resolution requiring Council approval of open positions.  Council adopted revisions to the Human Relations Commission to provide that the Human Resources Director shall be the liaison for matters related to employment, and editorial changes to specify the number of members.  Council adopted revisions to the Environmental Advisory Council to stipulate that a Member of Council be added to the EAC, and that City Council shall designate the Chairperson of the EAC.  The Library Board membership was adjusted to decrease the number of members from Bethlehem by one member following Lower Saucon Township’s withdrawal from the Library Board.   City Council adopted an Ordinance to reduce the proposed increase in the Amusement Tax.

The Members of Council filled two vacancies on City Council in 2014.   Cathy Reuscher was appointed by Council Resolution to fill the Council seat vacated by Robert Donchez who was elected Mayor effective January 6, 2014 to serve for the two years of the term remaining in 2014 and 2015.  Louis Stellato was selected by Resolution to fill the Council seat vacated by Karen Dolan who resigned effective November 1, 2014 to serve the remainder of the term until January 4, 2016.  City Council adopted a Resolution to appoint John F. Spirk, Jr., Esq., as City Council Solicitor.

Among other Resolutions approved by City Council in 2014 were:

  • Approving a License Agreement for the Esperanza Garden in the area of the Greenway.

 

  • Resolutions to approve fee increases in conjunction with Budget Adoption for tax certifications, moving permits, health, planning, inspection, police, golf, and recreation, and fees for street vacation requests.
  • Authorizing the application and Cooperation Agreement for Majestic Realty to obtain $10 million in funds from the State’s Redevelopment Assistance Capital Grant Program towards construction of the Majestic Bethlehem Center.

 

B.         Mayor       

           
7.         ORDINANCES FOR FINAL READING.

  1. Bill No. 1 – 2015 – Amending Article 112 Campaign Finance Reports

 

The Clerk read Bill No. 1 – 2015, Amending Article 112 – Campaign Finance Reports, on Final Reading.

            Voting AYE:  Mr. Stellato, Mr. Waldron, Mr. Evans, Mr. Recchiuti, Ms. Reuscher, and Mr. Reynolds, 6.  Bill No. 1-2015 now known as Ordinance No. 2015-1, was adopted on Final Reading.

 

8.         NEW ORDINANCES.

A.        Bill No. 2 – 2015 – Amending Article 133 – Recreation Board

The Clerk read Bill No. 2 – 2015 – Amending and Renaming Article 133 – Recreation Commission, 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
AND RENAMING ARTICLE 133, RECREATION COMMISSION

Mr. Waldron mentioned it says that no person shall serve for a term longer than 5 years but he wonders if there are any other Boards in the City that have term limits like this.

            President Reynolds believes the term is 5 years but they can then be reappointed. 

            Mr. Waldron pointed out there is no maximum number of years that a person can be on the Board.

            President Reynolds stated he does not believe so.

            Voting AYE:  Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, Mr. Reynolds, 6.  Bill No. 2 – 2015 was passed on First Reading.

 

9.         RESOLUTIONS

A.       Authorizing Contract – Emerson Process Management Power & Water Solutions, Inc. – Licensed
          Software Support for SCADA

            Mr. Recchiuti and Mr. Evans sponsored Resolution No. 2015-13 that authorized to execute a contract between the City of Bethlehem and Emerson Process Management Power & Water Solutions, Inc. for licensed software support for the SCADA System at the Water Treatment Plant and Water Distribution Control and support services for licensed firmware and software on an as needed basis. 

            Voting AYE:  Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, and Mr. Reynolds, 6.  The Resolution passed.

B.         Authorizing Contract – Emerson Process Management Power & Water Solutions, Inc. – Application
            Software Support for SCADA

            Mr. Recchiuti and Mr. Evans sponsored Resolution No. 2015-14 that authorized to execute a contract between the City of Bethlehem and Emerson Process Management Power and Water Solutions, Inc. for the application software support for SCADA Hardware Maintenance Support and additional support services for the application software and hardware maintenance on an as needed basis for the SCADA System at the Water Treatment Plant and Water Distribution Control including associated remote sites. 

            Voting AYE:  Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, and Mr. Reynolds, 6.  The Resolution passed.

C.         Authorizing Contract – K. L. Fulford Associates, Inc. – Drinking Water Facilities Operation and
            Management

            Mr. Recchiuti and Mr. Evans sponsored Resolution No. 2015-15 that authorized to execute a contract between the City of Bethlehem and K. L. Fulford Associates, Inc. for the operation and management of the drinking water facilities located in East Allen Township and a portion of Allen Township which are part of the City of Bethlehem Water System.

Voting AYE:  Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, and Mr. Reynolds, 6.  The Resolution passed.

D.        Authorizing Contract – Steven G. Lowry & Associates, Inc. – Annual Engineering Services

            Mr. Recchiuti and Mr. Evans sponsored Resolution No. 2015-16 that authorized to execute a contract between the City of Bethlehem and Steven G. Lowry & Associates, Inc. for annual engineering services. 

Voting AYE:  Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, and Mr. Reynolds, 6.  The Resolution passed.

 

           
Considering 9 E through 9 G as a Group

Mr. Recchiuti and Mr. Waldron moved to consider Resolutions 9 E through 9 G as a group.  Voting AYE:  Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, and Mr. Reynolds, 6.  The motion passed.

E.         Certificate of Appropriateness – 78 West Market Street

            Mr. Recchiuti and Mr. Evans sponsored Resolution 2015-17 that granted a Certificate of Appropriateness to install Larson Gold Series Aluminum Storm Windows in white to the windows on the first, second and third floors at 78 West Market Street. 

F.         Certificate of Appropriateness – 452 North New Street

            Mr. Recchiuti and Mr. Evans sponsored Resolution 2015-18 that granted a Certificate of Appropriateness to replace the four ground floor windows at 452 North New Street.       

G.        Certificate of Appropriateness – 425 First Avenue

Mr. Recchiuti and Mr. Evans sponsored Resolution 2015-19 that granted a Certificate of Appropriateness to install a storm door at the front entry of 425 First Avenue.

            Voting AYE on Resolutions 9 E through 9G:  Mr. Evans, Mr. Recchiuti, Ms. Reuscher, Mr. Stellato, Mr. Waldron, and Mr. Reynolds, 6.  The Resolutions passed.

10.       NEW BUSINESS.

            Committee Meeting Announcements

            Mr. Evans announced a Public Safety Committee Meeting on Tuesday, February 3, 2015 at 6 pm in Town Hall prior to the 7 pm City Council Meeting on the following subject:  Amending Articles 531 and 533 – Parking Fines.

            Mr. Waldron announced a Human Resources and Environment Committee Meeting on Tuesday, February 17, 2015 at 6 pm in the Mayor’s Conference Room on the following subject:  Review Mayor’s Climate Protection Agreement and Kyoto Protocol, and the City’s energy projects. 

            Regional Passenger Rail Service

            President Reynolds stated that Kirk Raup has attended many City Council Meetings to express his interest in a potential rail Authority and having the City of Bethlehem involved in the process of forming an Authority.  President Reynolds noted that Council received a memo approximately six months ago from Mayor Donchez, indicating that he did not believe the City of Bethlehem would be the leader in the creation of this Authority.  President Reynolds continued that Mr. Raup has reached out to many of us through emails, phone calls and attending City Council meetings.  He expressed he believed there are several of us who had questions regarding whether or not the Administration has had further discussions or whether Mayor Donchez has had any interactions with Allentown or Easton regarding a rail Authority.

            Mayor Donchez stated yes.  He pointed out there was some preliminary discussions last week during a monthly meeting with Mayor Panto and Mayor Pawlowski.  Mayor Donchez advised those discussions will continue with representatives from the three Cities.  Darlene Heller, Director of Planning and Zoning, will represent the City of Bethlehem.  Mayor Donchez noted this was a preliminary discussion to look at the possibility of a regional Authority.  This will be followed up by representatives of the three Cities.

            President Reynolds queried about what the process would be, who would be involved in creating an Authority, and whether the City would need to pass a Resolution.

Mayor Donchez stated it is too early to answer those questions.

 

 

11.       PUBLIC COMMENT.

 

Parking

Arthur Curatola, 813 Laufer Street, stated he will be attending the Public Safety Committee Meeting, where there will be a discussion regarding parking.  Mr. Curatola informed he has been at Council Meetings countless times to express his concerns and offer suggestions regarding people parking illegally, too close to the corners, and right up to the stop signs in residential areas.  Mr. Curatola noted specifically his concerns relate to Fifth Street and Webster Street.  Mr. Curatola noted that Fifth Street should be changed to one way going northbound on Webster Street and one way westbound on Fifth Street.  Mr. Curatola also suggests a $150 fine for parking violations by the corners and perhaps a tow away zone.  Mr. Curatola suggested that the City meet with the Police Chief at Lehigh University and offered the suggestion that any student receiving three tickets for parking by a stop sign or parking by a corner, should lose their privileges for driving for a whole semester.  Mr. Curatola stressed the importance of parking safety and enforcement to prevent anyone from being harmed in the future.

Stanley Zweifel

Tom Carroll, 248 East Union Boulevard, stated he attended the funeral service for former Police Commissioner Stanley Zweifel, and wanted to add his thoughts about Mr. Zweifel this evening.  Mr. Carroll informed he knew Mr. Zweifel, and when listening to the eulogies, he was strongly reminded about the amazing amount of love Mr. Zweifel had for the City of Bethlehem and dedication he put into his work as a Policeman and Commissioner.  Mr. Carroll added he also was reminded about the tremendous amount of love he also he had for his family.  Mr. Carroll added, we will truly miss Mr. Zweifel as an important figure in Bethlehem history. 

 

                       
12.       ADJOURNMENT

            The meeting was adjourned at  7:30 p.m.

                                                                        ATTEST:

 

                                                                        City Clerk