City Council

BETHLEHEM CITY COUNCIL MEETING 10 East Church Street - Town Hall Bethlehem, Pennsylvania Tuesday, April 16, 2024 – 7:00 PM PLEDGE TO THE FLAG 1. ROLL CALL President Colón called the meeting to order. Present were Grace Crampsie Smith, Hillary G. Kwiatek, Colleen S. Laird, Rachel Leon, Kiera L. Wilhelm, and Michael G. Colón, 6; Absent was Bryan G. Callahan, 1. 2. APPROVAL OF MINUTES February 20, 2024 (CORRECTED) President Colón said despite the February 20, 2024 minutes being approved by Council at the March 5 meeting, an error has since been found requiring correction. Ordinance 8B was misnumbered. It should have read Bill No. 02-2024, now known as Ordinance No. 2024-03, was passed on Final Reading. Ms. Laird made a motion, seconded by Ms. Wilhelm, to approve the February 20, 2024 as corrected. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colόn, 6. The Motion passed. April 2, 2024 3. A. PUBLIC COMMENT (on any subject not being voted on this evening – 5 Minute Time Limit) Solution Near? Part-time resident Alex Hirsch said his efforts to obtain a Residential Parking Permit have reached 641 days. He thanked all on Council who have heard his concerns and tried to offer a solution. He particularly thanked Council Members Leon and Laird for meeting with him about a week ago. He believes a solution may be close. Legislation Supports Stance Resident Mark Will-Weber said he was asked to speak on April 2 before a state House of Representatives panel about Rep. Jeanne McNeill’s pending legislation to protect consumers against high water bills through early detection of leaks and main breaks. The Bill calls for a red- flag alerting system designed to alert customers of higher-than-normal water usage and that a Bethlehem City Council Meeting 2 April 16, 2024 problem exists unless they intentionally used more. This notification would likely lead to correction and avoidance of wasted water and added cost to the consumer. Disagrees with Statements Resident Sally Will-Weber addressed some statements she said were made by Director of Water and Sewer Resources Edward Boscola and City Solicitor Jack Spirk during the Public Works Committee meeting in March. She said that last fall Mr. Boscola said the City hoped to have an electronic alerting system that would advise water customers of unusual use between 2028 and 2030 but these alarms would only be for commercial customers, not residential users. At the recent Public Works meeting, Mr. Boscola said these meters would be in place sooner and would include all customers. She asked a Council Member to ask Mr. Boscola to clarify this statement. During the Public Works meeting, Mr. Spirk referred to the high bill the Will-Webers have challenged. She said he made it sound as if the couple had a recurring problem leading up to the high bill. She said they had a bill that was higher than usual, found the problem, and rectified it. She said this condition was not related to whatever led to a reading of 54,000 gallons of usage when they were on a two-week vacation more recently. Ms. Will-Weber also took issue with Mr. Boscola’s statement that the couple received a new lead-free waterline as if it were a bonus. The reality was that the turn-off valve at the curb was so deteriorated that it could not be turned off to change the meter and had to be replaced. She also disagreed with Mr. Boscola stating several times that the Water Department will work with customers to resolve issues. This was not their experience. Willing to Discuss Resident Harry Faber offered to discuss with Council ways in which a previously discussed ceasefire legislation could help the situation in the Middle East if members do not believe the Resolution would do any good. He asked what Council has done on the behalf of those who have been killed or otherwise affected by the conflict in Gaza. Instead, there have been proposals to limit Public Comment. Objects to Proposed Changes Resident Valerie Noonan believes that the proposal outlined in Communication 6P on tonight’s agenda modifying Council Rules would suppress the public’s right to comment before Council. In particular, nonresident comment would be moved to the end of meetings. She believes this change is meant to discourage public comment. Prohibit Firearms in Palestine/Improve Street Lighting Resident Arthur Curatola believes that Palestine needs to be a neutral ground for all. He believes that safety can be restored by prohibiting the carrying of firearms in that land. Mr. Curatola also said he witnessed a near pedestrian accident near Martin Street because of a poorly lit area. More lighting is needed for safety. Bethlehem City Council Meeting 3 April 16, 2024 Tribute to John Kachmar/Recommendations for Good Government Resident Bud Hackett noted the passing of John Kachmar on April 5. He also is concerned that too many “political friends” are being appointed to positions on the City’s authorities, boards, and commissions. He asked why so many government- and public-sector people are being appointed to these bodies. He believes more private citizens should be appointed to offer their varied backgrounds. Mr. Hackett also has noticed a number of people who work for agencies speaking in favor of the Mayor’s policies. These may be right or wrong, but there are transparency and ethical issues when those who receive money from the City advocate for the City’s policies and programs. He does not believe this is a good idea. Assorted Matters Resident William Scheirer agreed with Mr. Hackett’s remarks. He also noted that the most recent Historic Conservation Commission meeting had just three members. He is concerned that this commission soon will not have enough members for a quorum and the ability to meet. The Zoning Hearing Board in February was not able to meet because it was down to two members, although two have since been appointed. Mr. Scheirer next suggested that the City offer that one of the four-unit apartment buildings proposed for a portion of the First Presbyterian Church property be reserved for four police officers. This might help with police recruiting and might make some neighbors a bit more receptive to an affordable housing proposal that has some early controversy. He stated that a petition being circulated in opposition to the housing proposal has more than 1,000 signatures already. Mr. Scheirer also suggested a solution to Mr. Hirsch’s parking permit appeal. He said perhaps anyone who owns property within an RPP area should be entitled to obtain a permit. Mr. Scheirer said he also generally agrees with Ms. Crampsie Smith’s proposed amendments to Council Rules. But in addition to allowing non-residents to speak at the end of a meeting on matters not being voted on, this should also be extended to residents. He also said he has considered skipping Council meetings for a time because of many unfounded allegations being spoken about the Middle East. He said he would be willing to have a rational discussion with anyone on this subject after the meeting. Residency Matters Resident Stephen Antalics said the issue of residency has been an issue throughout most of Bethlehem’s history. This has been raised again with the suggestion that residents and non- residents be treated differently in matters involving Public Comment. Mr. Antalics referred to satisfaction polls that were conducted both recently and several decades ago when meeting attendees rated the performance of Council Members. He concluded that those scoring the highest were born in Bethlehem. Those scoring the poorest represent those living in the City the fewest number of years. He believes this is an indicator of the effectiveness of Council Members and that voters should consider this at the polls. Speak Up Lehigh Valley resident Jashira said that Council has a responsibility to do something to oppose atrocities in Gaza. She said it is possible but doubtful that the world did not know what was happening to the Jews during World War II, but social media makes it impossible not to see the realities happening right now in the Middle East. Israel is out of control. Those who have Bethlehem City Council Meeting 4 April 16, 2024 spoken before Council on this issue will continue to come back. She said that many of them are Bethlehem residents. They do not give their address out of fear of doxing but they could prove residency if asked to do so privately. These speakers feel they have an obligation to speak up. Limiting Free Speech/Eroding Public Trust Resident Ruby Kallouf disagrees with the revised proposed Rules of Council referenced in tonight’s agenda Item 6P even more than the version that was tabled during the April 2 meeting. The latest amendment takes two agenda categories – matters being voted on during a meeting and matters not being voted on – and addss two more categories – public comment for non- residents/taxpayers on matters being voted on and non-resident/taxpayers on matters not being voted on. The amendment separates and shuffles the order of Public Comment. She also believes the terms such as “resident” and “taxpayer” are vague and open to legal challenge. She believes these are subjective terms that were intended to discriminate against some from free speech. Ms. Kallouf does not believe that the proposed changes will shorten meetings. She noted that other municipalities deal with issues that may bring out more than 100 residents, such as proposed warehouses. These municipalities have not amended their rules to limit speech. The proposed changes also would erode public trust. B. PUBLIC COMMENT (on ordinances and resolutions to be voted on by Council this evening – 5 Minute Time Limit) Ethics Question Resident Stephen Antalics said the sale of a service revolver is a way of the City showing its appreciation for public service and for better ensuring safety in the community. What was a tradition of providing a unanimous Council vote to approve this sale to retiring officers has been changed because one Council Member does not support this action. He asked whether this personal belief of one Council Member constitutes them violating their oath to serve the public. Mr. Antalics posed this question at a recent ethics training session held for City Council. No answer was provided. He called the Ethics Commission which advised that this did not fall under any of its guidelines. Mr. Antalics next asked President Colόn if he would ask Solicitor Stephanie Steward whether the Council Member has violated the oath to serve the public in basing the cast vote on personal belief. No immediate answer was provided. Mr. Antalics said he wanted to use his remaining time to address Mr. Will-Weber’s earlier comments about water meters. President Colόn asked Mr. Antalics to relate this portion of his comments to an item being voted on this evening. Mr. Antalics said he was using the remainder of his allotted 5 minutes. He asked to continue. President Colόn asked if Mr. Antalics could relate these comments to anything being voted on this evening, since this is the portion of Public Comment so designated. He asked how this is relevant to anything being voted on this evening. Mr. Antalics said it was not but he said it would illuminate something very important to Mr. Will-Weber’s comment. Mr. Antalics said this strict adherence has not always been observed. Bethlehem City Council Meeting 5 April 16, 2024 President Colόn said he did not want to have to interrupt Mr. Antalics again. He said that Mr. Antalics knows where Council is in its agenda. This is not the time to speak on items not being voted on. That time has passed. He asked Mr. Antalics to speak on another item, one that is being voted on this evening, or Council will continue on with its meeting. Mr. Antalics said he has seen exceptions made on a number of occasions. He did not know whether this was personal in nature or why this stance was being taken now, but he took his seat. President Colόn said he apologized if Mr. Antalics took it personally. No Need to Profit Resident Harry Faber noted that the police firearm is being sold at cost to the officer. He thought it interesting that the City did not profit from this sale because it profits from everything else. Support for Planning Commissioner and Duty Weapon Sale Policy Resident Bill Scheirer supported the nomination of Mr. Malozi to the Planning Commission. He likes his philosophy of balancing growth and the qualities of Bethlehem. As for the firearm sales to retiring police officers, Mr. Scheirer believes that most officers have an affection toward the weapon that protected them in their job for many years and might like to keep it. 4. OLD BUSINESS A. Members of Council B. Tabled Items C. Unfinished Business 5. NEW BUSINESS Echoed Tribute to Mr. Kachmar/LVIP Donation/South Side Clean-ups Ms. Leon thanked Mr. Hackett for his words of tribute to Mr. Kachmar as well as Mayor Reynolds’ condolences to the family. Ms. Leon said Mr. Kachmar was an upstanding individual. He will be missed. She also thanked LVIP for its generous donation of a $4 million property that will go a long way in combatting the affordable housing crisis. She also announced there will be South Side clean-ups monthly between now and November. Library Board Member Needed President Colόn announced that volunteers are being sought to serve on the Library Board. One position is open at this time. Some interest has been show, but anyone else interested is encouraged to contact the Clerk’s Office. Bethlehem City Council Meeting 6 April 16, 2024 6. COMMUNICATIONS A. Director of Public Works – Memo – Record Destruction – Engineering Records The Clerk read a March 25, 2024 memorandum with a proposed Resolution from Director of Public Works Michael Alkhal requesting the Destruction of Records from his department. Mr. Alkhal has reviewed the Municipal Records Retention Act, and the records listed on the exhibit accompanying the memo fall within the categories where destruction is permitted. President Colón stated that a Resolution will be placed on the May 7 agenda. B. DCED Business Manager – Contract 2024 20 – Bethlehem LV Chamber of Commerce The Clerk read a March 20, 2024 memorandum and proposed Resolution from Tiffany Wismer, Business Manager of the Department of Community and Economic Development. The memorandum recommends a contract with the Greater Lehigh Valley Chamber of Commerce to provide marketing and public relations services to the City. The amount is $80,000. The contract will fun from January 1 through December 31 of 2024. President Colón stated that Resolution 10 B is on the agenda. C. DCED Business Manager – Contract 2024 17 – BEDCO Activities The Clerk read a March 27, 2024 memorandum with an attached Resolution from DCED Business Manager Tiffany Wismer. Ms. Wismer recommends an agreement with BEDCO to carry out the programs and/or targeted activities of BEDCO including administering programs and activities. The cost is not to exceed $15,000. The contract will run through December 31 of 2024. President Colón stated that Resolution 10 C is on the agenda. D. Chief of Police – Memo – Officer Douglas Nothstein – 2024 Disposition of Police Handgun The Clerk read an April 3, 2024 memorandum from Police Chief Michelle Kott 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 D is on the agenda. E. Chief of Police – Memo – Records Destruction Resolution – Police Department The Clerk read an April 3, 2024 memorandum with a proposed Resolution from Police Chief Michelle Kott, requesting the Destruction of Records from her department. Chief Kott has reviewed the Municipal Records Retention Act, and the records listed on the exhibit accompanying the memo fall within the categories where destruction is permitted. President Colόn stated that a Resolution will be placed on the May 7 Council agenda. Bethlehem City Council Meeting 7 April 16, 2024 F. DCED Business Manager – Contract – 2024 23 Choice Neighborhood Traffic Study – Benchmark Civil Engineering Services The Clerk read an April 2, 2024 memorandum with an attached Resolution from DCED Business Manager Tiffany Wismer. Ms. Wismer recommends a contract with Benchmark Civil Engineering Services to review the Pembroke Road and Stefko Boulevard street corridors within the Pembroke Choice Neighborhood project to consider low-cost tactics to slow traffic and increase pedestrian safety and estimate costs for implementation. The cost of the contract is $9,700. There are no renewals. President Colόn stated that Resolution 10E is on the agenda. G. Director of Community and Economic Development – Contract 2024 03P – Recyclables – Cougle’s Recycling The Clerk read an April 4, 2024 memorandum with an attached Resolution from Laura Collins, Director of Community and Economic Development. Ms. Collins recommends an agreement with Cougle’s Recycling of Harrisburg to transport and process curbside recycling materials picked up from the Bethlehem Yard Waste Facility. The cost for the first 48 months of the contract is $2,208,955. The contract will run from May 1, 2024 through April 30, 2028. Five one-year renewals are offered at a total additional cost of $3,155,055. Cougle’s was the lowest of four bids received. President Colόn stated that Resolution 10F is on the agenda. H. Director of Community and Economic Development – Contract 2024 02P – Keycodes Inspection Agencies The Clerk read an April 2, 2024 memorandum with an attached Resolution from Laura Collins, Director of Community and Economic Development. Ms. Collins recommends an agreement with Keycodes Inspection Agencies of Allentown to provide state certified back-up personnel to perform inspection services in the event of illness, emergency or vacations. The cost is $25,000 per year through December 31, 2027. Five one-year renewals are offered at a total additional cost of $125,000. Keycodes was the lowest of two bidders. President Colόn stated that Resolution 10G is on the agenda. I. Director of Water and Sewer Resources – 2024 24 Emergency Water Supply Interconnection Design COB-LCA – AECOM The Clerk read an April 9, 2024 memorandum with an attached Resolution from Edward Boscola, Director of Water and Sewer Resources. Mr. Boscola recommends an agreement with AECOM of Conshohocken to design upgrades to three emergency water system connections between the City of Bethlehem and Allentown under the Lehigh County Authority. The cost is not to exceed $151,400. The contract will run through December 31 of 2024. There are no renewals. President Colόn stated that Resolution 10H is on the agenda. Bethlehem City Council Meeting 8 April 16, 2024 J. Director of Water and Sewer Resources – 2024 25 Emergency Water Supply Interconnection Design COB-ESWA – AECOM The Clerk read an April 9, 2024 memorandum with an attached Resolution from Edward Boscola, Director of Water and Sewer Resources. Mr. Boscola recommends an agreement with AECOM of Conshohocken to design upgrades to three emergency water system connections between the City of Bethlehem and Allentown under the Lehigh County Authority. The cost is not to exceed $151,400. The contract will run through December 31 of 2024. There are no renewals. President Colόn stated that Resolution 10I is on the agenda. K. City Solicitor – Use Permit Agreement – St. Luke’s University Health Network – 2024 Boutique at the Rink The Clerk read an April 10, 2024 memorandum from Solicitor John F. Spirk, Jr. with an attached Use Permit Agreement and a Resolution. The Permittee is St. Luke’s University Health Network for use of the Earl E. Schaffer Ice Rink for the 2024 Boutique at the Rink. Event dates are May 28 through June 1, 2024. The duration of the permit is May 1 through June 7, 2024. President Colόn stated that Resolution 10J is on the agenda. L. City Solicitor – Use Permit Agreement – The Kindness Project – Hyndman Memorial Car Show The Clerk read an April 10, 2024 memorandum from Solicitor John F. Spirk, Jr. with an attached Use Permit Agreement and a Resolution. The Permittee is the Kindness Project with a subPermittee of ArtsQuest. The Permittee wishes to use First Street from Founder’s Way to the Ruins West Lot for the Peyton Hyndman Memorial Car Show from 11 AM until 4 PM on May 5, 2024. The duration of the permit will be 9 AM to 5 PM on May 5. President Colόn stated that Resolution 10K is on the agenda. M. City Solicitor – Use Permit Agreement – Lehigh Valley Chamber of Commerce – 2024 Live in the Garden Concert The Clerk read an April 10, 2024 memorandum from Solicitor John F. Spirk, Jr. with an attached Use Permit Agreement and a Resolution. The Permittee is the Greater Lehigh Valley Chamber of Commerce. SubPermittees are Lost Tavern Brewing, LLC, Franklin Hill Vineyards, Inc. and Social Still, LLC. The Permittee wishes to use the Bethlehem Rose Garden and Bandshell for the 2024 Live in the Garden Concert Series. Event dates are May 4, 11, 18 and 24; June 1, 8, 15 and 22, 2024 from 5:30 to 8PM. The duration of the permit is from 5 to 8:30 PM each of the listed dates. President Colόn stated that Resolution 10L is on the agenda. N. City Solicitor – Use Permit Agreement – ArtsQuest – 2024 Levitt Pavilion Concert Series The Clerk read an April 10, 2024 memorandum from Solicitor John F. Spirk, Jr. with an attached Use Permit Agreement and a Resolution. The Permittee is ArtsQuest and the event is the Bethlehem City Council Meeting 9 April 16, 2024 2024 Levitt Pavilion Concert Series. The Permittee wishes to use 1st Street from Founders Way to the eastern terminus. Event dates are Thursdays, Fridays, Saturdays and Sundays May 17 through September 14, 2024 with times of 7:30 to 9 PM. The duration of the permit is from 5-11 PM on each of the listed dates. President Colόn stated that Resolution 10M is on the agenda. O. Director of Community and Economic Development – Northampton County Greenway Trail Gap Acquisition Grant The Clerk read an April 10, 2024 memorandum and proposed Resolution from Laura Collins, Director of Community and Economic Development. The memorandum seeks permission to apply for a $300,000 grant from Northampton County requesting funds for the Greenway Trail Gap acquisition. President Colόn stated that Resolution 10N is on the agenda. P. City Council – Amended Rules of Council (revised) – Public Comment The Clerk read an April 11, 2024 memorandum from Councilwoman Grace Crampsie Smith with an attached Resolution proposing to amend Council Rules. The Resolution reads substantially as follows and is provided in full on the City’s website: 1. Amendment of Rule 3(A). Rule 3(A), setting forth the Order of Business at public meetings, is amended to provide for the following Order of Business: Roll Call Approval of Minutes Public Comment by residents and taxpayers (on Ordinances and Resolutions to be voted on this evening - 5 Minute Time Limit.) Public Comment by residents and taxpayers (on any subject not being voted on this evening - 5 Minute Time Limit.) Public Comment by non-resident/taxpayers (on Ordinances and Resolutions to be voted on this evening - 5 Minute Time Limit.) Old Business New Business Tabled Items Unfinished Business Communications Reports Ordinances for final passage New Ordinances Resolutions Public Comment by non-residents and taxpayers (on any subject not being voted Bethlehem City Council Meeting 10 April 16, 2024 on this evening - 5 Minute Time Limit.) Adjournment 2. Amendment of Rule 3(D). Rule 3(D), providing that “Public Comment will not be extended for personal insults or personal attacks on any individual, name calling or other behavior that is inconsistent with the purpose and intent of Public Comment” is hereby amended to provide that “Public Comment will not be extended for personal criticism unrelated to City business, nor for disruptive behavior that interferes with the administration and progress of a public meeting.” 3. Addition of Rule 3(E). Section 3(E) shall state as follows: When any Council Member believes that Council will not be able to address the business before it unless Public Comment is suspended as provided for in §710.1 of the Sunshine Act, Council may, by motion and majority vote, defer the Public Comment period to the next regular meeting or to a special meeting occurring in advance of the next regular meeting. President Colόn stated that a Resolution will be placed on the May 7 agenda. Q. City Solicitor – Intergovernmental Cooperation Agreement – WWTP Allocation Agreement between COB-Lower Saucon Township-Hellertown Borough Authority The Clerk read an April 10, 2024 memorandum from Solicitor John F. Spirk, Jr. with an Agreement and proposed Resolution. Solicitor Spirk recommends approval of a Wastewater Treatment Plant Allocation Agreement between the City of Bethlehem and Lower Saucon Township and the Hellertown Borough Authority. President Colόn stated that Resolution 10O is on the agenda. 7. REPORTS A. President of Council 7A1. Curative Amendment Hearing President Colón reminded that Council will hold a Curative Amendment Hearing at 6 PM on Tuesday, April 30 in Town Hall on the Petition presented by BAHX, LLC. The Curative Amendment requests removing any building length limitation from the CL District. The subject property is the proposed Hanover Apartments project. Bethlehem City Council Meeting 11 April 16, 2024 B. Mayor Mayor Reynolds offered apologies for joining the meeting late. He said he was meeting on matters involving the City’s pending World Heritage Site application with consultant Barry Gamble. Those efforts are progressing. 7B1. Administrative Order – 2024-16 – Matthew Malozi – Blighted Property Review Committee Mayor Reynolds re-appointed Matthew Malozi to the Blighted Property Review Committee effective April 16, 2024. The term expires in December of 2026. Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-068 to confirm the appointment. President Colόn noted that Mr. Malozi was in the audience and thanked him for his continued volunteerism. Mayor Reynolds added that Mr. Malozi is also the subject Item 7B5 for re-appointment to the Planning Commission. He explained that there is one Planning Commission designee to the Blighted Property Committee, so these two are connected. It is essentially the same appointment. Ms. Laird said she is a neighbor of Mr. Malozi and thanked him for his volunteerism with these organizations and others in the community. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. Resolution passed. 7B2. Administrative Order – 2024-17 – Esmerelda Nazario – Civil Service Board Mayor Reynolds appointed Esmerelda Nazario to the Civil Service Board (alternate) effective April 16, 2024. The term expires in October of 2026. Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-069 to confirm the appointment. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. Resolution passed. 7B3. Administrative Order – 2024-18 – Daniel Sobrinski – Parking Authority Mayor Reynolds appointed Daniel Sobrinski to the Parking Authority effective April 16, 2024. The term expires in December of 2029. Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-070 to confirm the appointment. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. Resolution passed. 7B4. Administrative Order – 2024-19 – Joe Narkevic Bethlehem City Council Meeting 12 April 16, 2024 Mayor Reynolds re-appointed Joe Narkevic to the Sister City Commission effective April 16, 2024. The term expires in March of 2027. Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-071 to confirm the appointment. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. Resolution passed. 7B5. Administrative Order – 2024-20 – Matthew Malozi – City Planning Commission Mayor Reynolds re-appointed Matthew Malozi to the City Planning Commission effective April 16, 2024. The term expires in May of 2029. Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-072 to confirm the appointment. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. Resolution passed. 7B6. Administrative Order – 2024-21 – Rosalee Sabo – Civil Service Board Mayor Reynolds re-appointed Rosalee Sabo to the Civil Service Board effective April 16, 2024. The term expires in October of 2026. Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-073 to confirm the appointment. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. Resolution passed. Street Paving Mayor Reynolds said that street repaving began this week. For the period 2022-2023, 47 lane miles were paved. The goal is 50 for 2024-2025. This compares to 27 lane miles being paved in 2020-2021. He thanked Council for its support in budgeting money for this increase. Project Updates Community and Economic Development Director Laura Collins provided two updates. She mentioned last week’s announcement of a more than $4 million land donation by LVIP for a mixed-income, 120-unit housing development on the former Szilagyi Fuel and Dancho sites. This is a really good example of how Opening Doors is becoming a reality. The City and BHA also jointly held a community festival in the Marvine-Pembroke neighborhood on April 13. This was part of the Pembroke Choice Neighborhoods housing project. It was well attended and was a way to connect with the residents who will be affected by the Choice Neighborhoods project. This was an informal event to update the residents and get feedback for their wants and needs. One of the important outcomes was a request for a traffic study of the area. Ms. Collins noted that a proposed contract is on Council’s agenda tonight to address this matter. She said the next quarterly steering committee meeting for Opening Doors will be on May 15 and the NCC Fowler Center at 6:30 PM. Mayor Reynolds thanked Council Members for their commitment to the housing needs issue. He said organizations such as LVIP do not just donate $4 million without seeing a unified Bethlehem City Council Meeting 13 April 16, 2024 and dedicated commitment from a city. This commitment helped the City obtain the Choice Neighborhoods grant to study the needs of the Pembroke project. If all were not on the same page, he confidently said these funding offers would not have happened. This included Council authorizing the Choice Neighborhoods study and other groundwork that tells state and federal representatives and agencies that Bethlehem has done its homework on projects and is committed to them. He thanked Council for its advocacy. C. Finance Committee Meeting Chairwoman Crampsie Smith announced that a Finance Committee meeting was held this evening at 6:00 PM in Town Hall. The Committee reviewed seven budget adjustments and recommended moving those to tonight’s Council meeting. Those appear as Items 9A through 9G. 8. ORDINANCES FOR FINAL PASSAGE None. 9. NEW ORDINANCES A. Bill No. 09-2024 – Bill No. 09-2024 Budget Adjustments – Sewer Capital Fund The Clerk read Bill No. 09-2024 Budget Adjustments – Sewer Capital Fund, sponsored by Ms. Leon and Ms. Crampsie Smith and titled: AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE 2024 CAPITAL BUDGET FOR SEWER UTILITIES Ms. Kwiatek noted that several of these Ordinances are year-end adjustments similar to ones voted on in the past. When the coming year’s budget is prepared, estimated revenues and expenses are provided for the fourth quarter because the process begins in September. The budget adjustments reflect actual fourth quarter figures. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and President Colόn, 6. Bill No. 09-2024 passed on First Reading. B. Bill No. 010-2024 – Bill No. 10-2024 Budget Adjustments – Sewer Capital Fund The Clerk read Bill No. 10-2024 Budget Adjustments – Sewer Capital Fund, sponsored by Ms. Leon and Ms. Crampsie Smith and titled: AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE 2024 CAPITAL BUDGET FOR SEWER UTILITIES Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and President Colόn, 6. Bill No. 10-2024 passed on First Reading. Bethlehem City Council Meeting 14 April 16, 2024 C. Bill No. 11-2024 – Bill No. 11-2024 Budget Adjustments – Water Capital Utilities Fund The Clerk read Bill No. 11-2024 Budget Adjustments – Water Capital Utilities Fund, sponsored by Ms. Leon and Ms. Crampsie Smith and titled: AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE 2024 CAPITAL BUDGET FOR WATER UTILITIES Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and President Colόn, 6. Bill No. 11-2024 passed on First Reading. D. Bill No. 12-2024 – Bill No. 12-2024 Budget Adjustments – Water Capital Utilities Fund The Clerk read Bill No. 12-2024 Budget Adjustments – Water Capital Utilities Fund, sponsored by Ms. Leon and Ms. Crampsie Smith and titled: AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE 2024 CAPITAL BUDGET FOR WATER UTILITIES Ms. Kwiatek noted that this Ordinance is the result of American Rescue Plan funding that was distributed by the state. This will go toward replacing a 100-year-old reservoir tank. The City will pay $1 million and receive the $750,000 grant. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and President Colόn, 6. Bill No. 12-2024 passed on First Reading. E. Bill No. 13-2024 – Bill No. 13-2024 Budget Adjustments – Police PCCD Grant – General Fund Budget The Clerk read Bill No. 13-2024 Budget Adjustments – Police PCCD Grant – General Fund Budget, sponsored by Ms. Leon and Ms. Crampsie Smith and titled: AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE GENERAL FUND BUDGET FOR 2024 Ms. Crampsie Smith said the source is a state grant to assist with police hiring. The $75,000 grant will serve as a $5,000 hiring bonus for 15 police officers. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and President Colόn, 6. Bill No. 13-2024 passed on First Reading. Bethlehem City Council Meeting 15 April 16, 2024 F. Bill No. 14-2024 – Bill No. 14-2024 Budget Adjustments – Health – General Fund Budget The Clerk read Bill No. 14-2024 Budget Adjustments – Health – General Fund Budget, sponsored by Ms. Leon and Ms. Crampsie Smith and titled: AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE GENERAL FUND BUDGET FOR 2024 Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and President Colόn, 6. Bill No. 14-2024 passed on First Reading. G. Bill No. 15-2024 – Bill No. 15-2024 Budget Adjustments – Amend Liquid Fuels Budget The Clerk read Bill No. 15-2024 Budget Adjustments – Amend Liquid Fuels Budget, sponsored by Ms. Leon and Ms. Crampsie Smith and titled: AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE 2024 LIQUID FUELS FUND BUDGET Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and President Colόn, 6. Bill No. 15-2024 passed on First Reading. 10. RESOLUTIONS A. Approve Resolution – Records Destruction – Department of Water and Sewer Resources Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-074 that authorized the disposal of public records in the Department of Water and Sewer Resources, as set forth in Exhibit A. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. The Resolution passed. B. Approve Resolution – Contract 2024 20 – Marketing Activities – Greater Lehigh Valley Chamber of Commerce Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-075 that authorized to execute all documents and agreements with the Greater Lehigh Valley Chamber of Commerce for marketing and public relations services. Ms. Kwiatek disclosed that she has a conflict of interest in this matter because a family member could potentially benefit from this contract, she will recuse herself on this matter (Ethics Form submitted to the Clerk). Bethlehem City Council Meeting 16 April 16, 2024 Voting AYE: Ms. Crampsie Smith, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 5; ABSTENTION: Ms. Kwiatek, 1. The Resolution passed. C. Approve Resolution – Contract 2024 17 – BEDCO Activities Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-076 that authorized to execute all documents and agreements with BEDCO to carry out the programs and/or targeted activities of BEDCO. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colόn, 6. The Resolution passed. D. Approve Resolution – Officer Douglas Nothstein – 2024 Disposition of Police Handgun Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-077 that authorized to execute an Agreement to effectuate the transfer of the City-issued handgun assigned to Douglas Nothstein, a retired City police officer. President Colόn said he will be supporting this Resolution. He noted that not one of these Resolutions to sell duty weapons to retiring police officers has ever failed, but the votes are not unanimous. He believes it is appropriate that different perspectives exist. He does not believe this difference of opinion is a breach of ethics. He added that there is shared sentiment by a segment of the population on both sides of this issue. Voting AYE: Ms. Crampsie Smith, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón; NAY: Ms. Kwiatek, 1. The Resolution passed. E. Approve Resolution – Contract 2024 23 – Choice Neighborhood Traffic Study – Benchmark Civil Engineering Services Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-078 that authorized to execute all documents and agreements with Benchmark Civil Engineering Services, Inc. for the Choice Neighborhood Traffic Study of the Pembroke Road and Stefko Boulevard street corridors. Ms. Laird asked about the scope of this study. She noted that it is named for the one main intersection involved but she is wondering what other intersections will be studied and what aspects of traffic and pedestrian travel will be looked at. Ms. Collins said the scope includes Pembroke and Steko but it will also hone on some other nearby intersections with the most traffic, such as areas around Lincoln Elementary School and where students would be walking to Northeast Middle School and the area of Marvine and Fritz. Ms. Kwiatek said she is on the steering committee of the Choice Neighborhoods project as Council’s liaison to the BHA. These safety concerns have come up many times. She thanked Ms. Collins for acting on getting the situation studied. Bethlehem City Council Meeting 17 April 16, 2024 Ms. Leon attended the Marvine-Pembroke session and heard the safety concerns there. She also is happy to see this being reviewed. Mayor Reynolds said that in addition to the safety concerns, there is a symbolic nature to what those living in the neighborhood see. Crossing Stefko Boulevard has been like trying to cross a river or climb a mountain to get there. Working toward a solution is a sign that the Administration is listening to what people are saying in this neighborhood. It is the job of the Administration to listen and respond when it can just as it is responding to improving the Broad Street corridor. President Colόn said that, as someone who spent three years walking to Northeast, he will look forward to seeing what the outcome is. He added that there are a lot of people working together on this including members of the Administration and Council as well as people from the neighborhood. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colόn, 6. The Resolution passed. F. Approve Resolution – Contract 2024 03P Recyclables – Cougle’s Recycling Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-079 that authorized to execute all documents and agreements with Cougle’s Recycling, Inc. for transportation and processing of recyclables. Ms. Laird noted questions in recent years about whether items separated for recycling are simply being dumped into landfills. She asked if there are checks in place to be sure that Cougle’s will follow through with recycling. Ms. Collins said the bid put out by the City requires that these materials must be taken to a legitimate recycling facility. Recycling coordinator Michael Halbfoerster occasionally follows the trucks to verify that they are transporting the recyclables to appropriate facilities. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. The Resolution passed. G. Approve Resolution – Contract 2024 02P – Keycodes Inspection Agencies Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-080 that authorized to execute all documents and agreements with Keycodes Inspection Agencies to provide inspection services. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. The Resolution passed. H. Approve Resolution – Contract 2024 24 Emergency Water Supply Interconnection Design COB- LCA – AECOM Bethlehem City Council Meeting 18 April 16, 2024 Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-081 that authorized to execute all documents and agreements with AECOM to provide design upgrades for three water connections between the cities of Bethlehem and Allentown. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. The Resolution passed. I. Approve Resolution – Contract 2024 25 Emergency Water Supply Interconnection Design COB- ESWA – AECOM Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-082 that authorized to execute all documents and agreements with AECOM to provide design upgrades for two water connections between the City of Bethlehem and the Easton Suburban Water Authority. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. The Resolution passed. J. Approve Use Permit Agreement – St. Luke’s University Health Network – 2024 Boutique at the Rink Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-083 that authorized to execute a Use Permit Agreement with St. Luke’s University Health Network for the 2024 Boutique at the Rink. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. The Resolution passed. K. Approve Use Permit Agreement – The Kindness Project – Hyndman Memorial Car Show Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-084 that authorized to execute a Use Permit Agreement with The Kindness Project and subPermittee ArtsQuest for the LLP Peyton Hyndman Memorial Car Show. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. The Resolution passed. L. Approve Use Permit Agreement – Lehigh Valley Chamber of Commerce – 2024 Live in the Garden Concert Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-085 that authorized to execute a Use Permit Agreement with the Greater Lehigh Valley Chamber of Commerce and subPermittees Lost Tavern Brewing, LLC, Franklin Hill Vineyards, Inc. and Social Still, LLC for the 2024 Live in the Garden Concert Series. Ms. Kwiatek said she will also be abstaining from this agenda item because she has a conflict of interest (as noted in the same previously submitted Ethics Form involving Item 10B). Bethlehem City Council Meeting 19 April 16, 2024 Ms. Wilhelm said she also has a conflict of interest and will abstain (form also submitted to the Clerk). President Colόn believes this will be the third year that this event will be held in the Rose Garden. He is glad to see the Rose Garden and other City parks getting more use. Voting AYE: Ms. Crampsie Smith, Ms. Laird, Ms. Leon, and Mr. Colón, 4; ABSTENTION: Ms. Kwiatek and Ms. Wilhelm, 2. The Resolution passed. M. Approve Use Permit Agreement – ArtsQuest – 2024 Levitt Pavilion Concert Series Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-086 that authorized to execute a Use Permit Agreement with ArtsQuest for the 2024 Levitt Pavilion Concert Series. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. The Resolution passed. N. Approve Resolution – Northampton County Greenway Trail Gap Acquisition Grant Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-087 that authorized and directed to execute all application forms necessary to apply for a Northampton County grant for the Greenway Trail Gap acquisition and that the Mayor and Controller are authorized to execute such other agreements and documents as are deemed to be necessary and/or related thereto. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. The Resolution passed. O. Approve Resolution – Intergovernmental Cooperation Agreement – WWTP Allocation between COB-Lower Saucon Township-Hellertown Borough Authority Ms. Leon and Ms. Crampsie Smith sponsored Resolution No. 2024-088 that authorized and directed to execute the Intergovernmental Cooperation Agreement titled Wastewater Treatment Plant Allocation Agreement with Lower Saucon Township and the Hellertown Borough Authority. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. The Resolution passed. President Colόn said he would accept a motion and a second to group consideration of three Certificates of Appropriateness, 10 P through 10 R. Ms. Wilhelm made a motion, seconded by Ms. Leon, to consider the COAs as a group. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. The Resolution passed. President Colόn asked the Clerk to read 10 P through 10 R and call the roll. Bethlehem City Council Meeting 20 April 16, 2024 P. Certificate of Appropriateness – 129 East Market Street Ms. Leon and Ms. Crampsie Smith sponsored Resolution 2024-089 to add a garage door and trim to match the existing garage doors that were previously approved by HARB; Q. Certificate of Appropriateness – 505-507 Main Street Ms. Leon and Ms. Crampsie Smith sponsored Resolution 2024-090 to replace an existing blade sign; and R. Certificate of Appropriateness – 258 East Market Street Ms. Leon and Ms. Crampsie Smith sponsored Resolution 2024-091 to remove old asphalt shingles and replace them with GAF Slatline Shingles in the Antique Slate color. Voting AYE: Ms. Crampsie Smith, Ms. Kwiatek, Ms. Laird, Ms. Leon, Ms. Wilhelm, and Mr. Colón, 6. The Resolutions passed. 11. ADJOURNMENT The meeting was adjourned 9:00 PM. ATTEST: Tad J. Miller City Clerk