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City Council

Regular Meeting

Bethlehem, PA · April 18, 2023

Minutes

Minutes

BETHLEHEM CITY COUNCIL MEETING 10 East Church Street - Town Hall Bethlehem, Pennsylvania Tuesday, April 18, 2023 – 7:00 PM PLEDGE TO THE FLAG 1. ROLL CALL President Colón called the meeting to order. Present were Grace Crampsie Smith, Wandalyn J. Enix, Hillary G. Kwiatek, Rachel Leon, Paige Van Wirt, Kiera L. Wilhelm, and Michael G. Colón, 7. PUBLIC HEARING President Colón stated prior to the consideration of the regular Agenda items, City Council will conduct a Public Hearing to accept public comment concerning a privately proposed Zoning Map amendment request from Broughal & DeVito, L.L.P. representing Serfass Development & Acquisitions I, LLC requesting an amendment to the City’s zoning map by changing the zoning district of 119 Technology Drive from IR (Industrial Redevelopment) to CB (Central Business). This rezoning request is related to the proposed development of a 240-unit, 6- story, apartment building with onsite parking and amenities. Communication 6A – City Planning Commission – Zoning Map Amendment – IR (Industrial Redevelopment) to CB (Central Business) The Clerk read a memorandum dated March 10, 2023 from Darlene Heller, Director of Planning and Zoning, advising that the City’s Planning Commission on March 9, 2023 voted 5-0 to recommend approval of the Zoning Map Amendment proposed for 119 Technology Drive. The proposal would change the zoning designation from Industrial Redevelopment to Commercial/Central Business. Communication 6B – Lehigh Valley Planning Commission – Zoning Map Amendment – IR (Industrial Redevelopment) to CB (Central Business) The Clerk read a memorandum dated February 22, 2023 from Bambi Griffin Rivera, Senior Community and Regional Planner with the Lehigh Valley Planning Commission. The letter stated that if the future development would be designed in alignment with the objectives of the City’s Zoning Ordinance as revised in 2022, the rezoning of this parcel would align with multiple goals and policies of FutureLV: The Regional Plan. Cited plan sections included those on transportation, promoting revitalization of walkable historic centers, and promoting development that “compliments the unique history, environment, culture and needs of the Valley”. It also would align with a policy to “encourage an efficient development process that is responsive to regional needs” and support a core strategy of FutureLV to increase density in urban areas using infill development.” Bethlehem City Council Meeting 2 April 18, 2023 President Colón called the Public Hearing to order and stated he will now recognize representatives of the zoning amendment Petitioner to speak about the requested zoning map amendment. James Preston, Esquire stated that he represents the Petitioner. He said 119 Technology Drive is zoned IR and abuts the CB District. The request is to expand the CB District to include 119 Technology Drive. Attorney Preston noted that the City Planning Commission supports this amendment request. City staff and the Mayor have provided comments and everything appears to be moving forward, he said. Attorney Preston stressed that this is not a land development presentation with construction details. This is only a rezoning presentation. Still, he is aware that people wonder the intentions, so some details will be shared. Kevin Serfass, a partner with the developer, outlined the intentions. He said the CB designation is a more appropriate one given the evolution of South Bethlehem in the past 15-20 years. He referred to an aerial map from 1992 that shows what South Bethlehem looked like prior to construction of the building at 119 Technology Drive. He said that nothing that South Bethlehem is known for today was there in 1992. IR made sense at that time, but it does not today. ArtsQuest, the Levitt Pavilion, PBS, Wind Creek Casino are in this area rather than industrial uses. Mr. Serfass added that several of the allowable uses are the same in both districts, but CB allows for multi-family residential use. This would help the housing crisis going on in Bethlehem and across the United States, in terms of affordability, attainability, and availability. Planning and Zoning Director Darlene Heller outlined the City’s Planning and Zoning reviews to date. She said the City’s Planning Commission and the Lehigh Valley Planning Commission both gave favorable recommendations and provided support for the map change. The City’s review staff supported the map change in a memo also. She offered some highlights including that the IR District is not an industrial zoning district. It is industrial redevelopment. It was designed to support and create a mass of mixed uses that would support the BethWorks site. It allows for some low-impact industrial uses, but it also allows for a wide variety of many uses. The purpose of the CB District is to provide for an orderly, coordinated development of varied commercial business and office uses in combination with limited intensive residential development. It is to promote pedestrian-friendly uses as opposed to uses that are auto- dependent. “We feel that what they are proposing very much complies with the CB District,” Ms. Heller said. Ms. Heller agreed with Mr. Serfass that the demand for residential units has grown substantially in Bethlehem and throughout the Lehigh Valley. There is a shortage of all types of housing. Ms. Heller said that one of the most surprising pieces of data that came out of the housing study underway now is that there is only a 2 percent vacancy in the City for dwelling units. The site is close to the downtown and is walkable to many of the downtown amenities. That is what a lot of the urban residents are looking for. But, it also is outside of the Historic Conservation District, so this allows for some development without impacting some of the historic resources that are within the district. That is something that has been quite controversial in the core. The site also is located along one of the Lehigh and Northampton Transportation Authority bus routes. Ms. Heller also noted that DEP provided a letter concurring that the planned use is appropriate for the property. There was some concern because this was previously a heavy industrial site that having residential uses there might be an issue, but DEP concurs that, with the design that is proposed, it is not an issue. Bethlehem City Council Meeting 3 April 18, 2023 City staff also looked at some Comprehensive Plan provisions that do encourage some of the issues that this project would support. The chapter for future land use looks for upper-story apartments and upper-story offices that encourage and create more customers near businesses. It looks for mixed use development. Categories should also include residential uses between New Street and the casino hotel complex, which this is. In the housing and neighborhood section, it notes that the City should work closely with BethWorks to ensure its planned residential component anchors a true mixed use area as now envisioned. In the downtown revitalization and economic development section, it notes that the City should sustain a physical environment in and around the City’s retail centers that encourages people to live, work, and play in Bethlehem and to assure that the City’s Zoning Ordinance permits mixed residential and nonresidential uses in all appropriate locations. Ms. Heller also addressed traffic. She said some concerns were raised by the public at the Planning Commission meeting. If this amendment passes, the developer would have to go before the Planning Commission for review. A traffic study would be required. A full study would be required if 50-100 trips in a peak hour are expected. Generally speaking, residential uses have less impact on traffic than industrial uses because the trips are more random throughout the day. She added that the other thing that City staff has noticed as a result of other recent nearby residential development is that fewer people in the core area either own a car or use a car. The parking demand is much less. All of these elements led to a letter of support, Ms. Heller said. Council Comment Ms. Crampsie Smith observed that the developer said this project would have “amenities that are going to rival the large metropolitan areas” and he also noted that affordability and availability in the Lehigh Valley are problems. She asked him to better explain his plans and asked if these will be “high-end, luxury” kind of residences and could he estimate the rental rate that these would bring? Mr. Serfass believed that these “would be in line with the rest of the market.” Construction would take perhaps two years, so it is hard to predict what the rental rate would be in two years, given the volatility of the market in the past two years. He believed their units “would offer a little bit more than what they are used to.” There would be a work-from-home feature, an onsite gym, onsite parking, and community rooms. Ms. Crampsie Smith asked whether all of the units will be rentals. She is concerned that more than 50 percent of residences throughout the City is rentals. We seem to be forgetting about the owner/occupied units, she said. Mr. Serfass said he is anticipating rentals. There is a need for all types. He said that with the amenities being offered it is hoped that tenants will stay longer. He said they will offer different housing types with studio being more affordable, a junior one bed, and one- and two- bedroom apartments. Bethlehem City Council Meeting 4 April 18, 2023 Ms. Crampsie Smith noted a concern about the Lehigh River. She cited a news article appearing today that the Lehigh is one of the top 10 endangered rives in the country. Will this development have any adverse effects on the river? Mr. Serfass said it is possible that they are proposing less impervious coverage than what exists. They would be subject to NPDES permitting and stormwater regulations also. Ms. Kwiatek asked about a covenant to the property. She cited a sentence indicating that the covenant might not be a big hurdle, but she said when you read the covenant, it indicates the property should not be used for several purposes including single-family or multi-family dwellings. She asked how easy is it to terminate the covenant if these are the types of uses specifically listed? She said she does not have a problem with adding residences, but the environmental concern is pretty strong. Ms. Kwiatek said 20 years from now we could have people getting sick and someone may come back on the City to ask why the zoning change and the lifting of the covenant were allowed. Mr. Serfass said this was a covenant put in place when remediation was done on the former Bethlehem Steel Corp. property. They got the DEP sign-off at that time and covenants were put in place. Mr. Serfass said they have met with DEP and explained the plan for the property. Serfass consults with an environmental engineer. They have received a sign-off on the plan from DEP. He said that what Ms. Kwiatek is reading concerns disturbing the soil and the potential for a child to ingest dirt. The solution is to either use a clean fill cover or impervious cover. This is to eliminate the potential for ingesting contaminated dirt. The environmental concerns are not unusual to former industrial sites in the Lehigh Valley. Mr. Serfass said testing in 2007 found arsenic on this site, but testing following remediation efforts gave it a clean bill of health. Ms. Kwiatek agreed with the statement that the City and the Lehigh Valley need all kinds of housing types, but she is hearing that the greatest need is at a level that can be afforded by first-time purchasers. She cited the example of a person renting a studio apartment while trying to save money for a down payment to buy a house, but they are not able to do so because there are not enough studio apartments to begin with. She knows that building larger, more expensive apartments and housing is more lucrative for builders but she “humbly asked” if Mr. Serfass and other builders would consider building some of these housing types: condos, bungalows, small single-family and multi-family rowhomes. That is really the big need. Dr. Van Wirt said she was really concerned about the covenant when she read it. She could not understand how the restrictions put in place could be removed simply by covering the contamination with topsoil or pavement. If it were so simple, was this option not available in 2007 and why was this not done at that time? She also cited the City having to pay more than $800,000 to remediate the area where Five 10 Flats apartments are today. She asked if Mr. Serfass will be disturbing the soil during construction and might he come across contaminants that would similarly require City money for remediation. Mr. Serfass said the environmental study would be very thorough including test pits and borings to obtain soil samples as well as ground well monitoring. There are many checks and balances. Bethlehem City Council Meeting 5 April 18, 2023 Dr. Van Wirt also noted that the CB District does not have any parking requirements. She asked how he foresees accommodating vehicles for all of these proposed units. Mr. Serfass said although no parking provisions are required, realistically, they must provide for tenants. This will include onsite parking, both surface and covered parking on the first floor. The site also is next to an underutilized parking deck. Visitors or overflow could use this other deck. Dr. Van Wirt said she is beginning to realize how valuable the waterfront is. Preserving public access to this waterfront is imperative, whether there is a platform for viewing or some other feature that would welcome and draw the public in to the property. She urged Mr. Serfass to make public access a priority so that this view of the waterfront is not closed off. Dr. Van Wirt also pleaded with the City to start working on a comprehensive zoning plan for the riverfront on the South Side so that this can be done in a more coordinated way than just urging the developers of property to do so one property at a time. She does not want to react to the pressure, but instead guide the development. Ms. Wilhelm wanted to make clear that Council Members received a copy of the covenant hours ago. This is language that is understandably alarming. It appears to say that no one can live there, play there or plant there. From what she is hearing, she now believes this is somewhat standard language for contaminated land, but it is alarming. She further read language that said that the property owner may terminate the covenant provided that it is acceptable to DEP. She added that Mr. Serfass has given that assurance. She asked when DEP gave approval. Mr. Serfass said they initiated the request. He believed the DEP letter of approval was dated this February. Ms. Wilhelm also noted that there are some first-floor restrictions in a CB District. Mr. Serfass said the amenities space will be facing the street. This would be the space for co-working, the gym, media room, gaming, a lounge area. Ms. Wilhelm asked why CB was chosen as opposed to perhaps the IRR designation or Industrial Redevelopment. In reading the definitions, she said it sounds as if IRR also would apply. This alternative district promotes economic revitalization on underutilized properties that historically were used for other older industrial uses to allow a variety of nonresidential land uses and flexible design standards to also allow rental and condominium uses. It specifically refers to rental and condominium uses, so why not choose this designation? Ms. Heller said they are similar districts. But the City is looking for something that abuts an existing zoning district. It should not be a standalone lot. If you go to the east of the property for example, there are properties that would not be appropriate for the IRR. The factory, Steel Ice Center, and OraSure are in there. They certainly are not residential uses. As you get closer to SteelStacks, around Polk Street, all of that is IRR. Ms. Wilhelm echoed Dr. Van Wirt’s comments encouraging the developer to allow a view of the waterfront to remain. Mr. Wilhelm added that she prefers that modern architecture compliment historic structures rather than attempting to use almost a Disneyesque design leaving Bethlehem City Council Meeting 6 April 18, 2023 a false historic appearance. She also urged the developer to show some “thoughtful, innovative design” rather than following a recent trend of very similar-looking structures. Mr. Serfass said he appreciated the suggestions and agreed with them 100 percent. Ms. Leon asked about traffic studies, specifically whether traffic is considered now or how it would be with this added construction. Ms. Heller said traffic studies typically are conservative. One would consider the project when it is built out and with the highest impact that the development could have. Ms. Leon said she met with some Riverport neighbors. She said their primary concern is added traffic. This is a rather busy and unsafe area especially with all of the construction going on at this time with an expected build-out of about 10 more years. She added that she would prefer the CB designation compared to IRR because of the height restrictions. She also has affordability concerns. South Side costs have exploded over the past 10 years, pushing people out of their homes. The incomes of those living here have not increased accordingly in the past 10 years. Ms. Leon said that we talk about being able to eat, play and work here. We have a lot of places to eat and play, but we do not have a lot of work places that are paying wages that are keeping pace with the increased housing costs for what is considered market rate affordable. Ms. Leon also requested that the developer be considerate to the Riverport neighbors if they were to demolish the existing building. The last time there was construction on the bridge, debris fell onto vehicles owned by Riverport occupants. Ms. Wilhelm observed that walkability is being discussed as an element of this development. She said walking across the Fahy Bridge and navigating the South Side intersection is dangerous for pedestrians and bicyclists. She hoped this intersection can be made safer. Public Works Director Michael Alkhal said that, given the proximity to the development proposal, the intersection would be looked at closely as part of any traffic study that would be done. He said this is a “very challenging” intersection. It may be very difficult to affect any pedestrian improvements there, but it certainly would be evaluated and considered. Ms. Wilhelm said that regardless of whether this development proceeds, she is recommending that an evaluation of the intersection be made. Even clearer crosswalk markings would be a start. Mr. Alkhal said they could certainly review conditions. Ms. Leon added to her early statements a concern for the viability of small businesses. She asked how much disruption these businesses can withstand as construction makes it harder to attract patrons. Ms. Leon also said that she was not yet ready to give up on having this site serve an industrial use. She noted that there has been recent talk of some state funding that might assist in Bethlehem City Council Meeting 7 April 18, 2023 attracting businesses of this nature. Ms. Leon said this is some of what she is considering as she weighs this rezoning request. Mayor Reynolds said, “I think the main goal is to put feet on the streets.” He believes the businesses on 3rd and 4th Streets will feel the most impact of perhaps 300 more residents from this project. This is mostly bars and shops. There also are two markets nearby. “To me, the location could be a game-changer for the South Side,” he said. Ms. Leon said she agreed that “more feet on the streets” really helps, but she has concerns that some of the small businesses will not survive as potential patrons may be dissuaded by difficult access during prolonged nearby construction. President Colón asked Mr. Serfass what other work his company has done. Mr. Serfass said they do construction management, design, and development. They are building the Boyd Theatre site, a lot of work at Wind Creek Casino including the Events Center, 160 units at a former Allentown industrial site, the LANTA para-transit facility in Allentown, and Grace Church in Bethlehem to name a few highlights. Generally speaking, they do hospital work, light industrial, and multi-family homes. They have been in business for 75 years. President Colón asked whether the existing footprint of the building would increase with the proposed project. Mr. Serfass said they are trying to maintain the existing footprint both for environmental reasons and ease of development so that they can keep stormwater facilities and curbing in place, landscaping, etc. President Colón asked Ms. Heller about the existing tenant of the building. It is believed that they are relocating. He asked how long ago this was announced and a new tenant has been sought without success. He wondered if there is demand for the existing building. Ms. Heller said she is not the one who should speak to this. Instead, Alicia Miller Karner, Deputy Director of Economic Development, addressed the issue. She said she became aware of the desire of the tenant, IQE, to vacate the property as far back as 2014. The intention was to move the employees to North Carolina. She said there was a layoff notice filed with the Commonwealth in 2021. Mr. Serfass referred to a September 2020 news article that IQE would be leaving. He believed that the property will have been on the market for two years in May for lease or for sale. Mr. Serfass said his firm became interested in the property about three months ago. Ms. Karner believed that IQE moved into the building in 2007 from Ben Franklin Technology Partners of Southeastern Pennsylvania. She believed the goal was to move companies to that location as they grew out of Ben Franklin. She believed the building was erected around 1997. Bethlehem City Council Meeting 8 April 18, 2023 President Colón said he was trying to gauge the level of demand and whether this is an outdated structure or one that is still viable. The answer would be a factor in his consideration of the zoning amendment request. He additionally asked about traffic studies and whose responsibility they are and how recommendations get implemented. Ms. Heller said that a developer hires a traffic engineer to create the study. The City has a third-party traffic engineer to review submitted studies. Ms. Heller added that the City could direct concerns as to which intersections need particular study for a project. She also said that it is true that the Municipalities Planning Code does not require a developer to make off-site improvements for land development, but often there can be discussion, a give-and-take, because often some improvements would be beneficial to the occupants of a building being developed. In a site like this, she believed transit access and walkability would be focal points. She said there is a new bus stop at the southern end of the Fahy Bridge. “We definitely could use some upgrade,” she added. These are things they would talk to a developer about when the time arrives. Dr. Enix noted that the Fahy Bridge is a state bridge. She asked whether this would have any impact on future projects. No one was aware of any. Public Comment Seeking Verification Suzanna McGee of Bethlehem Township said she also read today’s news article about the vulnerability of the Lehigh River. She suggested that Council verify Mr. Serfass’ statement that he received approval from DEP to terminate the covenant and to read the DEP letter Mr. Serfass referred to. She said she would expect that if the developer received this letter in February that the City should have received a copy as well. Warnings about this Site Resident Dana Grubb reminded Council that this was once a heavy industrial site. He said in the early to mid-90s a company named Polymer Dynamics was going to develop a large manufacturing facility on the site. This fell through for several reasons, including the condition of the ground and also because several subterranean tunnels existed underneath the former Steel buildings. This was found to be too much of a challenge to proceed. Mr. Grubb said this should be known since the project being considered would be six stories. He also echoed Ms. Leon’s concern for small businesses during continued South Side construction. Mr. Grubb also rhetorically asked who will benefit from this proposed zoning change. He said this project will not address the affordable housing needs. With its amenities, this is not going to be affordable housing. He also asked why the City has not pursued this property for its interest in providing affordable housing. Mr. Grubb also asked why the City is not working with LVEDC to find a tenant for the existing property. Filling this vacancy would provide employment opportunities for renters of apartments now under construction on the South Side. Additionally, Mr. Grubb noted concerns for the traffic impact saying that at certain times of the day, South Side streets already are a “zoo.” He further asked about the impact on density and the need for more City Bethlehem City Council Meeting 9 April 18, 2023 services to handle it. He also raised environmental concerns for the Lehigh River and air quality. He urged proactive planning rather than reactive. Maintain the Zoning Classification Resident Francine Spivak urged Council to deny the rezoning request. She believes this is an important commercial property and that the City should try harder to find a suitable business to locate here. This type of business provides good paying jobs. Ms. Spivak also believes that the proposed project would not provide affordable housing, and she urged Council to look at the needs of those already living here. She also has traffic concerns and would be eager to see results of a current traffic study. Spoiled View/Not Affordable Housing Resident Jo Daniels is opposed to this project for several reasons. A six-story building would take away the appeal of the South Side when coming from the North Side. She also does not believe this would be considered affordable housing. Affordable housing is what is needed. Ms. Daniels said that she would like to see the City impose a 25 percent minimum for affordable units on this developer. She also has a large concern over the expected added traffic. Ms. Daniels also criticized the City for paying $800,000 to eradicated soil contamination at Five 10 Flats. Must Bethlehem Provide More Housing? Resident William Scheirer asked whether the City really needs a six-story apartment building on the South Side after eight other apartment buildings already have been proposed or built. Do we really need the traffic, noise, congestion, and other negatives that this would bring? He also noted that the Lehigh Valley Planning Commission has estimated that another 100,000 people will be moving to the Lehigh Valley and we need to figure out how to accommodate them. Mr. Scheirer asked, “Where is it written that we have to make room for 100,000 more people”? He said the motivation of the developer to change this zoning district to CB is no mystery. CB has the greatest height limits and would allow him to maximize his project. Preserve Bethlehem for Existing Residents Resident Margot Ging supported comments made by other residents. She also supported some Council comments about preserving conditions for existing residents. She is concerned that housing prices are becoming prohibitive for those who live here. Ms. Ging also questioned whether all who want it will find parking and opposed the building height. She also said we should be supporting the small businesses that have served us for so long. Make Developers Pay Their Share Arthur Curatola encouraged Council to maintain the elements that have attracted so many to Bethlehem. He urged Council to make sure that developers pay their share. Do Not Give Up on Building’s Use Bethlehem City Council Meeting 10 April 18, 2023 Resident Tina Cantelmi discussed the impact of rezoning. She noted that IQE produces semi-conductors, a product in high demand. She asked how robust has the effort been to attract a similar company to this site. She added that the pure gas industry also is in demand, and this facility is equipped for that as well. Moreover, she urged Council not to be hasty in abandoning the current zoning. Ms. Cantelmi agreed with others who are concerned about pedestrian traffic on the Fahy Bridge. Building Was a Tough Sell Sarah Miller is a broker with NIA Summit, which represents IQE in the sale of the building. Her firm as engaged about six months after the announcement that it was moving. IQE plans to completely vacate by the end of 2023. This property has been listed for about two years. There was an agreement of sale at one point, but the restrictive covenants led to the deal falling through. Ms. Miller said that Serfass’ experience with properties with such restrictions has allowed it to work through these issues. She added that this building was extremely specialized for the use of a business such as IQE. It has 30 clean rooms and low ceilings. Significant renovations and decommissioning would be required to attract another tech tenant unless a like user could be identified. However, she added that there are other competing specialized buildings in Bethlehem that are available and offer better locations that also remain available. Ms. Miller added that they have been in touch with LVEDC and Ben Franklin in an effort to market the property but without success. Ms. Miller also said she believed that changing the zoning to CB would not prohibit a tech company from operating at this location. Ms. Heller said that was true, but agreed with President Colón assertion that there are some differences in the zoning designations that might change what is allowed. President Colón announced that a proposed Ordinance will be placed on the May 2, 2023 agenda for First Reading. President Colón adjourned the Public Hearing at 8:37 PM. Communication 6 C and Resolution 10 B pulled from agenda President Colón announced that Communication 6 C and Resolution 10 B from the Health Department for the Oasis Community Center will be pulled from the agenda this evening. 2. APPROVAL OF MINUTES April 4, 2023 3. PUBLIC COMMENT (on any subject not being voted on this evening – 5 Minute Time Limit) Neighborhood Complaints Resident Angela Mitchell thanked Council for helping to resolve some issues with a neighbor that she complained about earlier this year. Abandoned cars have been removed. But Bethlehem City Council Meeting 11 April 18, 2023 she still has concerns including neighbors’ garbage, noise, speeding, and doorbell cameras being able to record activities on her property. President Colón said there are several issues here. She was welcome to talk to City officials after the meeting. Unsafe Conditions Resident Mary Jo Makoul passed out documentation showing flooding Saturday along Grandview Boulevard. She said that water was a foot or more deep at the intersection with Ritter Street. She suggested that it would take significant work to remediate. A second problem occurs at Bascom Street, which she described as a blind alley. Ms. Makoul asked if the City would pay to have a mirror installed on a utility pole. Traffic, Flooding Concerns Resident Paul Fondl spoke about the intersection of Hanover Avenue, West Broad Street, and Club Avenue. Mr. Fondl again stated his opposition to the proposed Hanover Apartments development, particularly that added traffic would only add to this dangerous intersection without major changes. Mr. Fondl also supported Ms. Makoul’s complaints about flooding in the intersection. He suggested providing a detention pond and making some other piping changes. He asked the City to address the flooding issue. Blind Alley/UGI Digging/Need for Children’s Activities Resident Jo Daniels said the intersection of Broadway and Fiot Avenue is dangerous. She suggested that erecting a mirror might be the remedy for this blind intersection. Cars are parking up to the corner exacerbating the situation. Ms. Daniels also complained that an app being used by the City is not being maintained for utilization. She was told that this was to provide an opportunity for residents to report concerns. She sent several photographs of situations including vehicles and junk on their property, but she did not receive any results. Ms. Daniels also reported that UGI has streets torn up with poor patch jobs. She said neither UGI nor the Streets Department has given an answer for when these streets will be properly paved. She said Council should ask UGI to list dates on its website for when repaving is expected to be done. She also complained about absentee landlords. Ms. Daniels also suggested that the City and one or more of the local universities partner to open a science, technology, engineering, and mathematics recreation center to provide afterschool learning activities for children to learn and occupy their time. Tolerance of Cinco de Mayo Activities Resident Arthur Curatola encouraged the City to show the same tolerance toward Mexicans and the celebration of Cinco de Mayo as we do on the Fourth of July. Reduce Glare Resident Jeffrey Zettlemoyer said that from Hayes to Webster Streets, the glare coming off of some of these buildings on a sunny afternoon is dangerous to drivers and pedestrians. He Bethlehem City Council Meeting 12 April 18, 2023 recommends to developers that buildings facing north or west should use less window space or other materials that would not reflect glare. He suggests this for 119 Technology Drive as well. Mr. Zettlemoyer also said he believed that tinted vehicle windows were not permitted in the Commonwealth yet he sees many. Additionally, he said that Hayes Street between 3rd and 4th Streets is almost impassable because old rail tracks are beginning to push through the street. He asked if Public Works could review conditions. Improve Park Conditions Resident Tina Cantelmi complained about conditions in City parks, including Monocacy Park. She asked if there is any money for maintenance or improvements. Ms. Cantelmi has spoken with the City arborist. She is concerned about ivy. She has been told that this generally grown on private property and cannot be regulated by the City. Still, it can choke trees. She wondered if the City could make a general announcement to warn residents of the dangers. Parking Plea Continues Alex Hirsch said his parking quest has reach 277 days. He asked the Mayor if he had the opportunity to contact the Parking Authority to reconsider that, as a part-time resident and taxpayer, he should not be excluded from the Residential Permit Parking area. Mayor Reynolds said he had not. Maintain Dog Park/Use App for Announcements Resident Dana Grubb said that the dog park needs some attention. Some latches on the gate are broken and a sign is on the ground. He also referred to Page 30 of the City’s most recent edition of its newsletter. Residents were encouraged to sign up for email alerts. But, he said that for the last 16 months there have not been any. Many people who he has spoken with have questioned what has happened. Mr. Grubb said this vehicle to disseminate information was not previously used to its full potential, but some announcements, such as Recycling Center closings, street closings and curbside pick-up issues, were communicated. Not everyone is on social media. He urged the City to start using this feature again. Make Intersection Safer Resident Teresa Kloiber shared pictures of the intersection previously discussed including West Broad Street, Club Avenue, and Eaton Avenue. The pictures show a digital billboard which Ms. Kloiber said adds distraction and eroded paint with the word “yield” in the street. She also said there are no yield signs warning motorists going from Hanover Avenue onto Easton Avenue. There are no blinking lights or other warning devices or signs. Ms. Kloiber said that cars that are supposed to yield may not even know it. She encouraged the traffic departments from Allentown and Bethlehem to plan improvements for this intersection. Racism is the Source of Disparity Resident Stephen Antalics said that “racism has been rampant in Bethlehem since its founding.” Mr. Antalics cited examples in which home ownership was limited to Germans, and several references of bigotry in news articles. He said this thinking allowed animosity and racism Bethlehem City Council Meeting 13 April 18, 2023 to grow between the two boroughs. This has carried forward to today between the North and South Side. South Bethlehem became second-class when Bethlehem became a city. Article 713 governs HARB. Main Street on the North Side has not changed in 100 years, he said. Meanwhile, Article 714 governs the HCC for the South Side. After 100 years, we now see multi-story buildings up to nine stories. Mr. Antalics said this “second-class attitude” toward the South Side remains in the form of the way that developers have been allowed to take over and “decimated” the South Side. Support for School Bus Safety Resident Brenda Sciascia is a Bethlehem Area School District bus driver. She urged Council to support legislation on tonight’s agenda that will provide for a red light and stop arm enforcement involving school buses within City limits. She was disappointed that it has taken this long into the school year for this legislation to come before Council. It is important for this law to be obeyed, violations recorded, and the law is enforced. Ms. Sciascia said she recorded an average of 3.7 motorists daily passing her bus with red lights flashing in a three-month period. This does not include the number of vehicles that cut her off or tailgate. She urged passage of the bill. BusPatrol cameras record areas around the bus and snaps photos of license plates and drivers. Footage of violations is stored in the cloud and sent to police. An officer examines the images to decline or issue a ticket. The revenue is distributed as follows: $25 to police, $25 to the Pennsylvania Schools Bus Safety Grant Program, and 60 percent goes to BusPatrol and 40 percent to the school district. 4. PUBLIC COMMENT (on ordinances and resolutions to be voted on by Council this evening – 5 Minute Time Limit) Offer of Support Resident Jeffrey Zettlemoyer said he was present as President of the Housing Opportunities Movement Board, which has existed for 42 years. He said there are many resources in the Lehigh Valley that deal with housing including CACLV, Habitat for Humanity, Hispanic Council of the Lehigh Valley, the NAACP, New Bethany, Bethlehem Housing Authority and at least another nine agencies. He said that no matter what occurs later in the meeting following the presentation and resolution involving the Community Development program, he strongly recommends that they contact his board to see what can be done to use the resources that are already available locally. He urged the Administration and Council to look at new ways to lower the cost of housing. He said that Section 8 housing rent is now $1,100 monthly through the Bethlehem Housing Authority for a three-bedroom unit. This rate had been $890. Mr. Zettlemoyer suggested gathering all of these resources to help find solutions to combat rising housing costs. 5. OLD BUSINESS A. Members of Council B. Tabled Items C. Unfinished Business 6. COMMUNICATIONS Bethlehem City Council Meeting 14 April 18, 2023 C. Health Director – Recommendation of Award – Oasis Community Center – Next-of-Kin Interviews on Behalf of Northampton County Overdose Fatality Review Team-pulled from agenda. D. Director of Public Works – Recommendation of Award – Construction Masters Services, LLC – Mill and Overlay Various Streets The Clerk read a memorandum dated April 10, 2023 with an attached Resolution from Michael Alkhal, Director of Public Works, recommending a contract with Construction Masters Services, LLC to provide labor and materials to mill and overlay various streets throughout the City. The cost is not to exceed $752,997.25. The contract shall run for a period of 60 days from the Notice to Proceed. There are no renewals. President Colón stated Resolution 10 C is on the agenda. E. Deputy Chief of Police – Three Resolutions – BusPatrol America – Northampton County crimes Task Force – Homeland Security The Clerk read a memorandum dated April 12, 2023 from Deputy Police Chief Scott Meixell with three Resolutions. The first Resolution authorizes a Memorandum of Understanding between City police and BusPatrol America, LLC. BusPatrol is a vendor selected by the Bethlehem Area School District to administer a School Bus Stop Arm Enforcement Program. Under the program, civil violations will be issued to motorists who pass school buses that are stopped with their stop arm extended and red lights flashing. The second resolution authorizes an intergovernmental agreement between City police and the Northampton County District Attorney’s Office allowing Bethlehem police officers to participate in the Northampton County Major Crimes Task Force. The third Resolution authorizes an intergovernmental agreement between the U.S. Immigration and Customs Homeland Security Investigations and City police to allow Bethlehem police officers to participate in a task force to combat human trafficking. President Colón stated Resolutions 10 F, 10, G, and 10 H are on the agenda. F. Deputy Chief of Police – Firearm Purchase – Weigold The Clerk read a memorandum dated April 13, 2023 from Deputy Police Chief Scott Meixell with an attached Resolution and Agreement for the purchase of a duty weapon by a retired Officer of the Bethlehem Police Department. Pursuant to the Third-Class City Code, retired officers may purchase their duty firearms at fair market value. President Colón stated Resolution 10 I is on the agenda. G. Director of Community and Economic Development – 2023 CDBG and HOME Annual Action Plan Memo and Resolution The Clerk read a memorandum dated April 13, 2023 from Director of Community and Economic Development Laura Collins with an attached Resolution. The memorandum requests authorizing the Administration to submit the City’s 2023 CDBG and HOME Annual Action Plan documents to the Department of Housing and Urban Development. A Public Hearing was held April 4, 2023 to discuss a draft of this plan. Bethlehem City Council Meeting 15 April 18, 2023 President Colón stated Resolution 10 J is on the agenda. H. City Solicitor – Use Permit Agreement – ArtsQuest – 2023 Levitt Pavilion Concert Series The Clerk read a memorandum dated April 12, 2023 from City Solicitor John F. Spirk, Jr. with an attached Resolution and Associated Use Permit Agreement. The Permittee is ArtsQuest and the event is the 2023 Levitt Summer Concert Series. The agreement is from 5-11 PM each Friday and Saturday from May 19 through July 29 of 2023 and August 18 through September 19 of 2023. The agreement covers 1st Street from Founders Way to the eastern terminus. President Colón stated Resolution 10 K is on the agenda. I. City Solicitor – Use Permit Agreement – Greater Lehigh Valley Chamber of Commerce – Lost Tavern Brewing and Franklin Hill Vineyards – 2023 Live in the Garden Concert Series The Clerk read a memorandum dated April 12, 2023 from City Solicitor John F. Spirk, Jr. with an attached Resolution and Associated Use Permit Agreement. The Permittee is the Greater Lehigh Valley Chamber of Commerce and the event is 2023 Live in the Garden Concerts Series. SubPermittees are Lost Tavern Brewing, LLC and Franklin Hill Vineyards, Inc. The Agreement is from 5-9 PM each Saturday from May 6, 2023 through July 1 2023. The agreement covers the Bethlehem Rose Garden and Bandshell. President Colón stated Resolution 10 L is on the agenda. J. City Solicitor – Use Permit Agreement – St. Luke’s 2023 Boutique at the Rink The Clerk read a memorandum dated April 12, 2023 from City Solicitor John F. Spirk, Jr. with an attached Resolution and Associated Use Permit Agreement. The Permittee is St. Luke’s University Health Network and the event is the 2023 Boutique at the Rink for use May 3, 2023 through June 7, 2023 at the Earl E. Schaffer Ice Rink. Event dates and times are May 30 from 3-8 PM, May 31 through June 2 from 10 AM to 8 PM, and June 3 from 8 AM to 1 PM. President Colón stated Resolution 10 M is on the agenda. K. Director of Community and Economic Development – Recommendation of Award – COLLABO Planning + Design – Choice Neighborhood Grant Writer The Clerk read a memorandum dated April 13, 2023 from Director of Community and Economic Development Laura Collins with an attached Resolution. Ms. Collins recommends a contract with COLLABO Planning + Design of Chicago to provide grant writing services for the City and the Bethlehem Housing Authority to apply for a HUD 2023 Choice Neighborhood Planning Grant. The amount of the contract is $20,000. The completion deadline for grant submittal is June 6, 2023. There are no renewals. President Colón stated Resolution 10 N is on the agenda. 7. REPORTS Bethlehem City Council Meeting 16 April 18, 2023 A. President of Council B. Mayor Mayor Reynolds said the Lehigh Valley Planning Commission and some partners acquired $1 million in infrastructure money to fund its Regional Climate Action Plan. Bethlehem has received accolades for the work that it has done in creating its own Climate Action Plan, which will help to save some money and time as it will be included in the regional plan. 1. Administrative Order – Robert A. Melosky – City Planning Commission Mayor Reynolds reappointed Robert A. Melosky to the City Planning Commission effective through March, 2028. Dr. Enix and Ms. Leon sponsored Resolution No. 2023-064 to confirm the reappointment. Voting AYE: Ms. Kwiatek, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 6. NAY: Dr. Enix, 1. The Resolution passed. C. Finance Committee Meeting Dr. Enix announced that the Committee met at 6:00 PM today in Town Hall. The subject was six budget adjustments and transfers. (These bills are on tonight’s agenda as Items 9A-D and 10D-E.) 8. ORDINANCES FOR FINAL PASSAGE None. 9. NEW ORDINANCES A. Bill No. 15 – 2023 – Amending 2023 General Fund – General Fund Adjustments - Health The Clerk read Bill No. 15-2023 – Amending 2023 General Fund – General Fund Adjustments sponsored by Dr. Enix and Ms. Leon and titled: AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE 2023 GENERAL FUND BUDGET Voting AYE: Dr. Enix, Ms. Kwiatek, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. Bill No. 15-2023 was passed on First Reading. B. Bill No. 16 – 2023 – Amending 2023 Liquid Fuels Fund – Adjustments The Clerk read Bill No. 16-2023 – Amending 2023 Liquid Fuels Fund – Adjustments sponsored by Dr. Enix and Ms. Leon and titled: Bethlehem City Council Meeting 17 April 18, 2023 AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE 2023 LIQUID FUELS FUND BUDGET. Voting AYE: Dr. Enix, Ms. Kwiatek, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. Bill No. 16-2023 was passed on First Reading. C. Bill No. 17 – 2023 – Amending 2023 Capital Budget for Non-Utilities – Adjustments – Body Cameras The Clerk read Bill No. 17-2023 – Amending 2023 Capital Budget for Non-Utilities – Adjustments – Body Cameras sponsored by Dr. Enix and Ms. Leon and titled: AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE 2023 CAPITAL BUDGET FOR NON-UTILITIES. Voting AYE: Dr. Enix, Ms. Kwiatek, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith and Mr. Colón, 7. Bill No. 17-2023 was passed on First Reading. D. Bill No. 18 – 2023 – Amending 2023 Community Development Block Grant – Adjustments The Clerk read Bill No. 18-2023 – Amending 2023 Community Development Block Grant – Adjustments sponsored by Dr. Enix and Ms. Leon and titled: AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE 2023 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET Voting AYE: Dr. Enix, Ms. Kwiatek, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. Bill No. 18-2023 was passed on First Reading. 10. RESOLUTIONS A. Approve Records Destruction – Fire Department Dr. Enix and Ms. Leon sponsored Resolution No. 2023-065 that authorizes the disposal of the public records in the office of the Fire Department, as stated in Exhibit A. Voting AYE: Dr. Enix, Ms. Kwiatek, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. The Resolution passed. B. Approve Contract – Oasis Community Center – Next-of-Kin Interviews on behalf of Northampton County Overdose Fatality Review Team-pulled from agenda Bethlehem City Council Meeting 18 April 18, 2023 C. Approve Contract – Construction Masters Services, LLC – Mill and Overlay Various Streets Dr. Enix and Ms. Leon sponsored Resolution No. 2023-066 that authorized to execute an agreement with Construction Masters Services, LLC for Mill and Overlay of various streets. Voting AYE: Dr. Enix, Ms. Kwiatek, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. The Resolution passed. D. Approve Transfer of Funds – World Heritage Dr. Enix and Ms. Leon sponsored Resolution No. 2023-067 that authorized $7,000 in the General Fund Budget be transferred from Account No. 0901-95012 Civic Expenses – Downtown Initiatives to $2,000 for Account No. 0901-95043 Civic Expenses – World Heritage, $2,500 for Account No. 0102-42060 Mayor – Other Expenses, and $2,500 for Account No. 0102-42067 Mayor – City Events to assist City partners in their application to achieve World Heritage status. Voting AYE: Dr. Enix, Ms. Kwiatek, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. The Resolution passed. E. Approve Transfer of Funds – Melter/Sealer Trailer Dr. Enix and Ms. Leon sponsored Resolution No. 2023-068 that authorized $45,545 in the Non-Utility Capital Fund Budget be transferred from Account No. 69000-662037 Caterpillar Backhoe in the amount of $25,000 and Account No. 69000-662036 Caterpillar Skid Steer Loader in the amount of $20,545 to Account No. 69000-662040 Melter/Sealer Trailer. Voting AYE: Dr. Enix, Ms. Kwiatek, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. The Resolution passed. F. Approve Resolution – Police - BusPatrol Dr. Enix and Ms. Leon sponsored Resolution No. 2023-069 that authorized the following: WHEREAS, the Bethlehem Area School District has entered into an Agreement with BusPatrol America, LLC to provide a stop arm signal arm enforcement system on each District school bus enforcing violations of 75 Pa.C.S.A. §3345 prohibiting drivers of vehicles to pass a school bus flashing its red lights; AND WHEREAS the Bethlehem Police Department is the agency tasked with enforcing violations within City limits; AND WHEREAS BusPatrol and the City, by and through its Police Department, mutually desire to enter into a Memorandum of Understanding in support of the School Bus Stop Arm Enforcement Program and desire to establish a framework of cooperation to work within the boundaries of the City of Bethlehem unless this Agreement is terminated pursuant to the Memorandum of Understanding; NOW THEREFORE BE IT RESOLVED on this 18th day of April, 2023 that the Council of the City of Bethlehem approves and ratifies the Memorandum of Understanding and that Bethlehem City Council Meeting 19 April 18, 2023 the Mayor and the Controller and/or such other City officials and deemed appropriate by the City Solicitor are hereby authorized to execute the same on behalf of the City of Bethlehem. President Colón asked whether all other municipalities that comprise BASD already signed on to this. Deputy Chief Scott Meixell said he knew that some are, but he did not know if all are. President Colón asked if it is the owner of the vehicle who is cited as opposed necessarily to the operator. Deputy Chief Meixell said that was correct. The owner would be mailed a civil violation. Once a violation is identified by BusPatrol, they contact City police. Police review that a violation has occurred and allow BusPatrol to send notice of the violation to the vehicle owner. This effectively approves BusPatrol’s work and that City police agree that this is the proper person and a violation has occurred. President Colón asked who would appear at a magistrate’s hearing if the owner appeals? A City officer would have to appear, Deputy Chief Meixell said. Ms. Crampsie Smith asked if it was correct that BusPatrol would receive 60 percent of the money from the fine and BASD 40 percent. Deputy Chief said that is correct and that the percentages are set by the statute. Voting AYE: Dr. Enix, Ms. Kwiatek, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. The Resolution passed. G. Approve Resolution – Police – Northampton County Major Crimes Task Force Dr. Enix and Ms. Leon sponsored Resolution No. 2023-070 that authorized the following: WHEREAS the Northampton County District Attorney’s Office is responsible for prosecuting all crimes committed within Northampton County; AND WHEREAS the Northampton County District Attorney’s Office works closely with local police agencies including the Bethlehem Police Department; AND WHEREAS the Bethlehem Police Department desires to enter into an Agreement to join the Northampton County Major Crimes Task Force until terminated by either party upon a 30-day written notice; NOW THEREFORE BE IT RESOLVED on this 18th day of April, 2023 that the Council of the City of Bethlehem approves and ratifies the Intergovernmental Agreement and that the Mayor and the Controller and/or such other City officials as deemed appropriate by the City Solicitor are hereby authorized to execute this Agreement on behalf of the City and its Police Department. Bethlehem City Council Meeting 20 April 18, 2023 President Colón asked if this is a new task force or if the City’s participation is what is new? Deputy Chief Meixell said this is a new task force. Most county police forces are signing on with this. He likened participation to the county Drug Task Force. Voting AYE: Dr. Enix, Ms. Kwiatek, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. The Resolution passed. H. Approve Resolution – Police – Homeland Security – Combat Human Trafficking-voted and sent to Public Safety Committee Dr. Enix and Ms. Leon sponsored the Resolution that authorized the following: WHEREAS the U.S. Immigration and Customs Enforcement Homeland Security Investigations and the City, by and through its Police Department, desire to enter into a Memorandum of Understanding for the purpose of cooperation and coordination between parties related to and governing the use of Homeland Security designations by certain employees of the Bethlehem Police Department; AND WHEREAS the Memorandum of Understanding will address the manner and extent of funding, the organizational structure, and continuation of the agreement unless terminated by either party upon a 30-day written notification by either party; NOW THEREFORE BE IT RESOLVED on this 18th day of April, 2023 that the Council of the City of Bethlehem approves and ratifies the Memorandum of Understanding and that the Mayor and the Controller and/or such other City officials as deemed appropriate by the City Solicitor are hereby authorized to execute the same on behalf of the City and its Police Department. Ms. Leon suggested moving this to a Public Safety Committee meeting for further discussion. Ms. Crampsie Smith asked whether this was a new Memorandum of Understanding or something that had been in place before. Deputy Chief Meixell said this is a new program being started. Ms. Crampsie Smith said she has a lot of questions about it, so she concurs that this should be moved to a Public Safety Committee agenda. Ms. Leon made the motion, seconded by Dr. Van Wirt, to send this to the Public Safety Committee Meeting. President Colón asked whether this delay would impact any work that the Police Department is pursuing. Deputy Chief Meixell said no. Bethlehem City Council Meeting 21 April 18, 2023 Ms. Kwiatek requested that this Committee meeting take place after Chief Kott returns from her leave. President Colón asked if anyone knew when she would return. It was not immediately known by anyone present. Voting to send this matter to Committee AYE: Dr. Enix, Ms. Kwiatek, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. The Motion passed. This matter will be placed on a future Public Safety Committee Meeting, the date to be determined. I. Approve Firearm Purchase – Weigold Dr. Enix and Ms. Leon sponsored Resolution No. 2023-071 authorized to execute an Agreement to effectuate the transfer of the City-issued handgun assigned to Officer Charles Weigold, retired City police officer. Voting AYE: Dr. Enix, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 6. Voting NAY: Ms. Kwiatek, 1. The Resolution passed. J. Approve Resolution – CDBG and HOME Annual Action Plan Dr. Enix and Ms. Leon sponsored Resolution No. 2023-072 that authorized the City’s Program Year 2023 Action Plan for January 1, 2023 to December 31, 2023 and is hereby approved for submission to HUD by the Mayor along with required assurances and certifications. Voting AYE: Dr. Enix, Ms. Kwiatek, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. The Resolution passed. Ms. Wilhelm made a motion, seconded by Dr. Van Wirt to group Resolutions 10 K through 10 M together for consideration. Voting to group the motions for a vote AYE: Dr. Enix, Ms. Kwiatek, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. The Motion passed. K. Approve UPA – 2023 Levitt Pavilion Concert Series Dr. Enix and Ms. Leon sponsored Resolution No. 2023-073 that authorized to execute a Use Permit Agreement with ArtsQuest for the 2023 Levitt Pavilion Concert Series. L. Approve UPA – 2023 Live in the Garden Concert Series Dr. Enix and Ms. Leon sponsored Resolution No. 2023-074 that authorized to execute a Use Permit Agreement with the Greater Lehigh Valley Chamber of Commerce for the 2023 Live in the Garden Concert Series. M. Approve UPA – 2023 Boutique at the Rink Bethlehem City Council Meeting 22 April 18, 2023 Dr. Enix and Ms. Leon sponsored Resolution No. 2023-075 that authorized to execute a Use Permit Agreement with St. Luke’s University Health Network for the 2023 Boutique at the Rink from May 3, 2022 to June 7, 2022. Voting on the three Use Permit Agreements AYE: Dr. Enix, Ms. Kwiatek, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. The Resolutions passed. N. Approve Contract – COLLABO Planning + Design – Choice Neighborhood Grant Writer Dr. Enix and Ms. Leon sponsored Resolution No. 2023-076 that authorized to execute an agreement with COLLABO Planning + Design for project coordination, grant writing, application and grant submittal to HUD’s 2023 Choice Neighborhood Planning Grant program. Ms. Leon thanked Sara Satullo, Deputy Director of Community Development, for information related to this contract. Ms. Leon said she had some initial reservations about the action, but information provided by Ms. Satullo and hearing about some successes that it brought to Easton, she is excited about what this might do for Bethlehem. Dr. Van Wirt and Ms. Wilhelm echoed the sentiments. Voting AYE: Dr. Enix, Ms. Kwiatek, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. The Resolution passed. President Colón said he would accept a motion to group consideration of five Certificates of Appropriateness, 10 O-10 S. Ms. Wilhelm made a motion, seconded by Ms. Kwiatek, to consider the COAs as a group AYES: Dr. Enix, Ms. Kwiatek, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. The Motion passed. O. Certificate of Appropriateness – 17 East Church Street Dr. Enix and Ms. Leon sponsored Resolution No. 2023-077 that granted a Certificate of Appropriateness to remove a leaning chimney, raise a Bilco door to level, repair wood siding and shutters, replace existing roof shingles, repair gutters, and repair porch posts at 17 East Church Street. P. Certificate of Appropriateness – 36 East Wall Street Dr. Enix and Ms. Leon sponsored Resolution No. 2023-078 that granted a Certificate of Appropriateness to remove a wood fence and wood arbor, construct a new 6’-0” high wood fence along the rear and side lot liens, and install at 6’-0” high wrought iron gate, as well as replace the existing roofing shingles and gutters and down spouts on the detached garage at 36 East Wall Street. Q. Certificate of Appropriateness – 323 Center Street Dr. Enix and Ms. Leon sponsored Resolution No. 2023-079 that granted a Certificate of Appropriateness to remove existing slate roofing, flashings, etc. and install new slate roofing with copper flashing, capping, and drip edge at 323 Center Street. Bethlehem City Council Meeting 23 April 18, 2023 R. Certificate of Appropriateness – 334 West Street Dr. Enix and Ms. Leon sponsored Resolution No. 2023-080 that granted a Certificate of Appropriateness to remove and replace the existing roof shingles with GAF Slateline shingles at 334 West Street. S. Certificate of Appropriateness – 428 High Street Dr. Enix and Ms. Leon sponsored Resolution No. 2023-081 that granted a Certificate of Appropriateness to install 3 mini-split mechanical systems on the façade of the home along with required slim duct to conceal required line-sets and electrical connections at 428 High Street. Voting on 10 O-10 S AYE: Dr. Enix, Ms. Kwiatek, Ms. Leon, Dr. Van Wirt, Ms. Wilhelm, Ms. Crampsie Smith, and Mr. Colón, 7. The Resolutions passed. 11. NEW BUSINESS Retirement Announcement President Colón said he regretted to announce that Assistant City Clerk Judy Kelechava will be retiring in the beginning of June. The position is posted on the City’s website. City Council will receive resumes and applications through the City’s Human Resources Department. He urged anyone interested to apply. President Colón said that Ms. Kelechava will be missed, but there will be time between now and her retirement to talk about that a bit more. Public Participation Appreciated Ms. Wilhelm thanked everyone who speaks before Council. Agree or disagree, this is an indication that people care about their community. She addressed earlier concerns about conditions of parks that just this weekend, members of the Environmental Advisory Council spent time in Madison Park preparing the ground for native plantings coming soon. Finance Committee Meeting Dr. Enix announced that the Finance Committee will meet at 6:00 PM on Tuesday, May 2, 2023 in Town Hall to discuss budget adjustments. 12. ADJOURNMENT The meeting was adjourned 10:12 PM. ATTEST: Tad J. Miller City Clerk

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