City Council

BETHLEHEM CITY COUNCIL MEETING 10 East Church Street - Town Hall Bethlehem, Pennsylvania Tuesday, October 15, 2024 – 7:00 PM PLEDGE TO THE FLAG 1. ROLL CALL President Colón called the meeting to order. Present were Bryan G. Callahan, Grace Crampsie Smith (present at 7:23 PM), Hillary G. Kwiatek, Colleen Laird, Rachel Leon, and Kiera Wilhelm, and Michael G. Colón 7. President Colón noted that the 7:22 PM start time for the meeting was because Council’s 6 PM Committee of the Whole meeting to review the 5-Year Capital Plan ran a bit long. He said that Ms. Crampsie Smith will be joining this meeting a shortly. He also said that Mayor Reynolds has a conflicting engagement tonight and will not be present at this meeting. CITATIONS: Four retirees were recognized for their service to the City. Citations will be mailed to those not in attendance who were as follows: Sergeant Chad Wasserman for 20 years of service to the Police Department, Mark Werner for more than 20 years of service to Water and Sewer Resources/Utility Maintenance, Joseph D’Ambrosio for more than 30 years serving Public Works and Streets, and Robert Szakos for his 35 years of service to Water and Sewer Resources/Utility Maintenance. 2. APPROVAL OF MINUTES October 1, 2024 3. PUBLIC COMMENT A. PUBLIC COMMENT (on any subject not being voted on this evening – 5 Minute Time Limit) Opposes Rezoning/Hold Tax Rate Resident Mary Jo Makoul urged Council to think carefully when considering the request on tonight’s agenda to rezone 119 Technology Drive. When this same request was made of Council last year, it was hoped that appropriate tenants could be found to use this property under its current zoning designation of Industrial Redevelopment. She also noted the property has an environmental covenant that prohibits residential use. She does not believe that that has changed. Disturbing the ground could further harm the nearby Lehigh River. Ms. Makoul also urged Council not to raise taxes this year. Doing so would further hurt seniors and others on fixed incomes. Bethlehem City Council Meeting 2 October 15, 2024 Do Not Rezone Francine Spevak is a resident of Riverport Condominiums, which is adjacent to 119 Technology Drive. She urged Council to again deny the rezoning request to amend the designation of the property from Industrial Redevelopment to Central Business, which would allow a proposed apartment development. She said the City is not in need of more apartments. She estimated that there are at least 604 newly built of proposed apartments in South Bethlehem since Serfass Development & Acquisitions first proposed building apartments on the land more than a year ago. She cited a Zillow market study that indicated 193 apartments are now being offered for rent throughout the City and that there is less demand for apartments today than there was a year ago. Ms. Spevak also said that 119 Technology Drive is important commercial land. The City should make every effort to find a suitable business to occupy the building and not grant the rezoning request. She believes that jobs are more important on this site than a large apartment building. Cut Waste/Employ the Homeless Resident Arthur Curatola said the Bethlehem Area Public Library is wasteful in using excessive heat and air conditioning. Money is additionally wasted by the City in paying elected officials too much. These salaries should not be higher than those of enlisted military personnel. Mr. Curatola also suggested that the City pay animal groups to manage feral cats. He additionally urged the City to employ the homeless. Parking Authority Concerns Resident Cristina DeJesus said parking near her Mechanic Street home is very limited. There are not many spaces, and they are limited to two-hour parking. Instead, she parks in a lot at $50 per month. She said she has had a number of issues with the Bethlehem Parking Authority including receiving several tickets and having a boot placed on her car. She lives in a low-income community. The BPA is making it hard for residents there. She said she is a mother of three. It is a burden to park a distance from her home, lug groceries, and handle three children. She asked for help in finding a solution. President Colón said the Parking Authority is its own entity, but Council has a liaison to BPA who could speak with her. The Authority has its own board and meetings where she could express her concerns as well. More Parking Issues and Apartment Proposal Opposition Resident Bruce Haines agreed with Ms. DeJesus that time limits in certain parking zones are unfair. He believes that the limit should be three hours in non-metered marked zones that are more distant from the downtown. He has raised this concern at BPA meetings and is repeating the point tonight. Mr. Haines also discussed the 119 Technology Drive proposal. There was a deep vetting of this issue last year. He does not believe that anything significant has changed and that this should remain “a technology opportunity as opposed to turning it into housing.” He also said this should not be designated Commercial Business. He does not believe that any retail or restaurant space was proposed. Bethlehem City Council Meeting 3 October 15, 2024 Boycott, Divest, and Sanction Resident Harry Faber said that fines disproportionately affect those with lower incomes. He also spoke out against an attack by Israel yesterday that he said was funded by U.S. tax dollars. He asked if this is the world we want to live in and when will someone will step in. He said the United States needs to boycott, divest, and sanction. Will We Remain Silent?/State Tax Forms Resident William Scheirer recited the words attributed to Martin Niemoller in agreeing with Mr. Faber in asking when will others get involved and speak out or take action against current events in the Middle East. Mr. Scheirer also spoke about the state income tax. He said residents are required to fill out a taxable income form if their income is more than $33. A tax forgiveness form also is to be filled out, but if your taxable income is less than $6,500, the tax is forgiven. He said it is a waste of the taxpayer’s time and that of the person processing it to comply. More Parking Concerns A man who identified himself only as Alex said Riverport Condominium Association neighbors are having parking enforcement problems. He said the BPA is improperly ticketing vehicles. He and others have received tickets, and BPA has threatened to tow their vehicles even though they have tags identifying them as permissible parkers and they pay to park there. He had to prove that he pays to park there. Numerous people have also. He asked for information as to who to talk to about this enforcement. President Colόn said he would research BPA meeting information and announce it during New Business tonight. He also recommended contacting Ms. Wilhelm, the Council liaison to the Authority, or passing along an email through the Clerk’s Office. B. PUBLIC COMMENT (on ordinances and resolutions to be voted on by Council this evening – 5 Minute Time Limit. More Details Resident William Scheirer raised concerns about three Ordinances on tonight’s agenda that were scheduled for final passage. He cited 8B., 8C., and 8E. The agenda did not provide much detail about the purpose of these proposed budget adjustments. 8C. is for $500,000 for example, a significant sum. He said he would like to know what theses budget adjustments are for. 4. OLD BUSINESS A. Members of Council B. Tabled Items C. Unfinished Business Bethlehem City Council Meeting 4 October 15, 2024 5. NEW BUSINESS Mr. Colόn President Colόn noted the need to reschedule the regular meeting day and date of Tuesday, November 5 to Wednesday, November 6 because of the General Election. Ms. Leon made a motion, seconded by Ms. Laird, to reschedule the Tuesday, November 5 Council meeting to 7 PM on Wednesday, November 6. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, and Ms. Kwiatek, and Mr. Colόn, 7. The Motion passed. President Colόn stated that the Parking Authority Board meets the fourth Wednesday of each month at 4 PM at 85 West Market Street (Editor’s note: Actually 85 West North Street). He added that no members of Council serve on the BPA, but Ms. Wilhelm is Council’s liaison to that board. Ms. Kwiatek Ms. Kwiatek addressed Mr. Scheirer’s concerns that not enough information was provided about Ordinances scheduled tonight for Second Reading/Enactment. This is the third time that Council will be reviewing these proposed Ordinances. A Finance Committee meeting was held at 6 PM on October 1 in which they were first reviewed in some detail. First Reading occurred at the 7 PM Council meeting the same night. Ms. Kwiatek said she provided some detail about each during the Council meeting. Tonight is the third time in which these Ordinances are being discussed. Mr. Callahan Mr. Callahan noted that he was not on Council when the 119 Technology Drive rezoning proposal was considered. He asked why this matter was again being heard by Council. President Colόn said this is a private Petition submitted by a developer. The rezoning request was first made about 1 ½ years ago. The developer recently resubmitted the paperwork. Mr. Callahan asked if the proposed zoning amendment was rejected. President Colόn said the previous Council voted down the proposal 7-0. Mr. Callahan asked if the developer is making the same request. President Colόn said the request appears to be much the same as it was in 2023. Mr. Callahan asked if it was permissible for a developer to make the same request twice. President Colόn said he and Council Solicitor Stephanie Steward have spoken about that question briefly, and there will be more discussion as to whether the request is proper. President Bethlehem City Council Meeting 5 October 15, 2024 Colόn could not recall an instance in his years on Council in which a Petition was rejected and within 18 months was resubmitted without substantial change. Ms. Steward said she has spoken with City Solicitor John F. Spirk, Jr. Preliminarily, it appears that the law is broad concerning the rights of the property owner to seek relief relative to their rights to use of their property. There appears to be nothing in the Municipalities Planning Code nor in caselaw that she has found to address how many requests an applicant can make. She said she would continue her research. So far, she has found nothing that limits a property owner to the number of times they can request the same action involving their property. Mr. Callahan asked Community and Economic Development Director Laura Collins if she wanted to add anything. Ms. Collins said she was surprised to see the request return. She believes there are still opportunities to use the property for its current technological purpose, perhaps even more than 1 ½ years ago. Mr. Callahan asked about another matter. He said some business owners heard that some homeless people are being paid in $100 Wawa gift cards if they bring their garbage to a certain location for disposal. Ms. Collins said the Health Bureau has an initiative that is modeled after some other communities whereby participating homeless people are paid a modest amount for cleaning up after themselves. She said the City has put a lot of resources into cleaning up after the homeless prior to this program. This incentive program was done as a pilot program in Bethlehem because it has worked in other communities. Representatives from Community Connections and Bob Rapp from the Bethlehem Emergency Shelter are working with the homeless on this initiative. Ms. Collins said that $100 is not correct. The amount is $5. This is supported by state grant funding through the Health Bureau. Mr. Callahan asked Ms. Collins to provide an email outlining the program. This is the first that he has heard of it. He said there is a big difference between $5 and $100. Ms. Crampsie Smith Ms. Crampsie Smith followed up on Ms. Steward’s response about “the rights of property owners.” She asked whether Serfass Development actually is the property owner. She thought they would only buy the property if the rezoning request is successful. Ms. Steward said that Serfass is an equitable owner. Under that definition, Serfass can be viewed as having the authority to make the request because an agreement exists. Ms. Crampsie Smith commented that while the law protects the rights of property owners, it also should be the case that Council should not be in a position to be hearing the same request several times. Council should not be made to hear a proposal multiple times if a decision has been made. Ms. Steward said she would continue to research the matter. Bethlehem City Council Meeting 6 October 15, 2024 Ms. Wilhelm Ms. Wilhelm introduced herself as Council’s liaison to the BPA and said she was willing to hear more about the concerns raised tonight. 6. COMMUNICATIONS A. Serfass Development & Acquisitions I, LLC – Rezoning Request – 119 Technology Drive from Industrial Redevelopment to Central Business The Clerk read a September 12, 2024 communication from Attorney James Preston on behalf of Serfass Development & Acquisitions with a Petition requesting an amendment to the City’s Zoning Map involving 119 Technology Drive. The current zoning for this property is Industrial Redevelopment. The request is to change the zoning classification to become part of the adjacent Central Business District. An attached August 28, 2024 memorandum from the developer to Council indicates the proposed development would be an apartment building project with more than 240 units. It also notes that a similar plan was reviewed by Council in 2023. President Colόn stated that he would accept a motion and a second to set a Public Hearing date. Ms. Leon made a motion, seconded by Mr. Colόn, to set a Public Hearing for 7:00 PM on Tuesday, November 19, 2024 in Town Hall. Ms. Kwiatek asked for a point of order and asked whether Council was required to schedule a Public Hearing. Ms. Steward said the MPC does not require that a hearing be set tonight. It could be scheduled administratively. President Colόn asked if there is a maximum required amount of time within which to hold a Public Hearing. Ms. Steward said there is a deadline. President Colόn suggested setting the November 19 date in which the Public Hearing will be held unless Ms. Steward finds reason beforehand in which the hearing should not be held. Ms. Crampsie Smith sought clarification. She said it appeared that Council had to hold a Public Hearing unless Ms. Steward eventually finds legal grounds denying it. Ms. Steward reminded that she was not Council’s solicitor in 2023 when the first Petition was received. She would first want to compare the two Petitions to determine whether the second one is sufficiently different than the first. If it is, she believes the Petition likely has the right to proceed. Then there are timelines for a Petitioner to be heard. This second part is what Council is now considering if a Public Hearing must be held. Ms. Crampsie Smith asked that if Council voted down scheduling a Public Hearing, would it correct that Council would have to hold one anyway if required by the MPC? Bethlehem City Council Meeting 7 October 15, 2024 Ms. Steward said no, but that would run afoul of the MPC. The next question would be how is that dealt with? Mr. Callahan said he would be voting no tonight until it is determined that the Petitions are different and a Public Hearing is required. Ms. Leon noted that the proposals do not appear to be the same. The second proposal offers a 10 percent affordable housing element. The first one did not. She did not want this observation to suggest whether she supports the project or not. However, it appears to her that there is at least one difference between the proposals. She asked whether this alone is enough of a difference to require a hearing. Ms. Steward said yes. Absent finding any legal authority setting forth, for example, a waiting period in between requests, it appears the Petitions are different enough that a Public Hearing should proceed. Ms. Kwiatek said this additional discussion has led her to conclude that this vote is about the procedure of holding a Public Hearing, not the merits of whether the rezoning request will be granted. This is just about setting the Public Hearing. Tonight’s vote is not to determine whether circumstances are now favorable to change the zoning classification. President Colόn said that Council has traditionally announced Public Hearing dates in the interest of transparency. He added that a date is set with required legal advertising required to give the public notice, so the date should be set. He will continue to discuss this matter with Ms. Steward, and the Public Hearing could be cancelled if it is learned that the applicant is not entitled to a hearing. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Ms. Crampsie Smith, Ms. Kwiatek, and Mr. Colόn, 6; NAY: Mr. Callahan, 1. The Motion passed. B. Director of Health – 2024 04P – Communication Plan – Tactical Data Group, LLC The Clerk read a September 27, 2024 memorandum with an attached Resolution from Health Director Kristen Wenrich. Ms. Wenrich recommends a contract with the Tactical Data Group of Stafford, Virginia to develop a comprehensive communications plan for the City. The cost is $100,000. Work is to be completed by June 30, 2025. There are no renewals. Three RFPs were submitted, and the Tactical Data Group scored the highest among the review panel. President Colόn stated that Resolution 10 B is on the agenda. C. Business Administrator – Memo Minimum Municipal Obligation – Allocations – 2024 Pension State Aid The Clerk read an October 3, 2024 memorandum from Business Administrator Eric Evans advising that a direct deposit for Pension State Aid in the amount of $4,844,497.56 has been allocated to Pension Bond Payments and Police, Fire and Pennsylvania Municipal Retirement System Minimum Municipal Obligations. The breakdown is as follows: $1,633,936.78 for Police, $1,633,936.78 for Fire, and $1,576,624.00 for the PMRS. Bethlehem City Council Meeting 8 October 15, 2024 President Colόn stated that Resolution 10 C is on the agenda. D. Director of Water & Sewer Resources – 2024 42 WWTP State-Only Operating Permit Renewal Application – Entech Engineering, Inc. The Clerk read an October 2, 2024 memorandum with an attached Resolution from Edward Boscola, Director of Water and Sewer Resources. Mr. Boscola recommends a contract with the Entech Engineering, Inc. of Reading to provide engineering services to prepare an air quality state-only operating renewal application for the Wastewater Treatment Plant. Permit renewal is required every 5 years. The cost is $5,550. Work is to be completed by January 31, 2026. There are no renewals. Entech has performed this service with prior permit applications for the City. President Colόn stated that a Resolution 10 D is on the agenda. E. City Solicitor – Use Permit Agreement – Chamber/DBA – 2024 Christmas City Village The Clerk read an October 9, 2024 memorandum with an attached Resolution from Laura Collins, Director of Community and Economic Development. Ms. Collins recommends a contract with Christie M. Davies of Bethlehem to assess the completeness of an October 2024 appraisal of land proposed for purchase to complete the South Bethlehem Greenway. The cost is $4,500. Work is to be completed by November 15, 2024. There are no renewals. President Colόn stated that a Resolution 10 E is on the agenda. F. Director of Community and Economic Development – 2024 44 – Greenway Appraisal Review – Contractor Christie M. Davies The Clerk read an October 9, 2024 memorandum with an attached Resolution from Laura Collins, Director of Community and Economic Development. Ms. Collins recommends a contract with Christie M. Davies of Bethlehem to assess the completeness of an October 2024 appraisal of land proposed for purchase to complete the South Bethlehem Greenway. The cost is $4,500. Work is to be completed by November 15, 2024. There are no renewals. President Colόn stated that a Resolution 10 F is on the agenda. G. City Solicitor – Purchase and Sale Agreement – Norfolk Southern Railway – Greenway Land Acquisition The Clerk read an October 9, 2024 memorandum and attached proposed Resolution and Contract for Purchase and Sale from City Solicitor John F. Spirk, Jr. Solicitor Spirk recommends the purchase of 11.8 acres of land along 0.9 miles of abandoned rail lines in South Bethlehem from Norfolk Southern Railway Company. President Colόn stated that a Resolution 10 G is on the agenda. H. Director of Community and Economic Development – Memo – Budget Adjustment – Greenway Acquisition Bethlehem City Council Meeting 9 October 15, 2024 The Clerk read an October 8, 2024 memorandum from Laura Collins, Director of Community and Economic Development. Ms. Collins requests a adjustment that would increase the Non-Utility Capital Fund Budget by $900,000. This change is the result of receipt of an $800,000 U.S. Fish and Wildlife Service grant and $100,000 being transferred from the City’s Recreation Facilities Fund. This money and $3.5 million already received from three other grants will be used to purchase land to complete the Greenway Project and costs associated with investigating, preparing, and closing the transaction. President Colόn stated that Ordinance 9 A is on the agenda. 7. REPORTS A. President of Council President Colόn reported that a Committee of the Whole meeting was held earlier this evening to review the 5-Year Capital Improvements Plan for 2025-2029. The meeting was for informational purposes only. No votes were taken. The proposed 2025 Non-Utility Capital Plan that is incorporated into the 5-Year Capital Improvement Plan will be reviewed again by Council during the upcoming budget hearings as part of the proposed 2025 Non-Utility Capital Budget. B. Mayor No report. 8. ORDINANCES FOR FINAL PASSAGE A. Bill No. 33-2024 – Bill No. 33-2024 Chamber Planter Project – Budget Adjustments – General Fund Budget The Clerk read Bill No. 33-2024 Chamber Planter Project – Budget Adjustments – 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 GENERAL FUND BUDGET FOR 2024 Voting AYE: Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and President Colόn, 6; NOT PRESENT: Ms. Laird, 1. Bill No. 33-2024, now known as Ordinance No. 2024-34, passed on Final Reading. B. Bill No. 34-2024 – Bill No. 34-2024 Professional Services – Budget Adjustments – General Fund Budget The Clerk read Bill No. 34-2024 Professional Services – Budget Adjustments – General Fund Budget, sponsored by Ms. Leon and Ms. Crampsie Smith and titled: Bethlehem City Council Meeting 10 October 15, 2024 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. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and President Colόn, 6; NOT PRESENT: Ms. Laird, 1. Bill No. 34-2024, now know as Ordinance No. 2024-35, passed on Final Reading. C. Bill No. 35-2024 – Bill No. 35-2024 PHARE-Alley House Consultant – Budget Adjustments – General Fund Budget The Clerk read Bill No. 35-2024 PHARE-Alley House Consultant – Budget Adjustments -- 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. Mr. Callahan asked for detail about the Ordinance. Ms. Collins said that Lehigh University asked the City to apply for a grant on its behalf and serve as a pass-through for grant money from the Pennsylvania Housing Affordability and Rehabilitation Enhancement Fund (PHARE). This is not to pay for a consultant. This is part of a grant proposal that Lehigh put together as part of its alley house project. The $500,000 being passed through would fund construction for the pilot alley house and possibly three or four more of these houses could be constructed if the zoning is amended to allow them. A participating homeowner would have these built through the program. The homeowner would have to maintain this as affordable housing for 20 years. Both Ms. Kwiatek and Ms. Wilhelm said they would be recusing themselves from this vote because they are Lehigh University employees. (Recusal forms are attached to the original set of minutes.) Voting AYE: Ms. Laird, Ms. Leon, Ms. Crampsie Smith, and President Colόn, 4; NAY: Mr. Callahan, 1: RECUSAL: Ms. Kwiatek and Ms. Wilhelm, 2. Bill No. 35-2024, now known as Ordinance No. 2024-36, passed on Final Reading. D. Bill No. 36-2024 – Bill No. 36-2024 Women’s Health Services – Budget Adjustments – General Fund Budget The Clerk read Bill No. 36-2024 Women’s Health Services – Budget Adjustments – 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 Bethlehem City Council Meeting 11 October 15, 2024 THE GENERAL FUND BUDGET FOR 2024. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and President Colόn, 7. Bill No. 36-2024, now known as Ordinance 2024-37, passed on Final Reading. E. Bill No. 37-2024 – Bill No. 37-2024 Project Lifesaver – Budget Adjustments – General Fund Budget The Clerk read Bill No. 37-2024 Project Lifesaver – Budget Adjustments – 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 asked for confirmation that this is a system to track those with developmental disabilities or Alzheimer’s disease. Police Chief Michelle Kott said this involves a band to be worn with a GPS tracking system. This helps police and other searchers locate lost individuals. Ms. Kwiatek also was aware that this involved all Northampton County police departments but asked whether Lehigh County departments also were involved. Chief Kott said the program is already active in Lehigh County. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and President Colόn, 7. Bill No. 37-2024, now known as Ordinance No. 2024-38, passed on Final Reading. F. Bill No. 38-2024 – Bill No. 38-2024 Lehigh Accessory Dwelling Unit – Budget Adjustments – General Fund Budget The Clerk read Bill No. 38-2024 Lehigh Accessory Dwelling Unit – Budget Adjustments – 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. Kwiatek said this Ordinance also involves Lehigh University, so she would again be recusing herself from this vote. Ms. Wilhelm said she would be doing the same. Ms. Cramspie Smith asked Ms. Collins to clarify the source of this grant money. Bethlehem City Council Meeting 12 October 15, 2024 Ms. Collins said this is a HUD research grant. This money was awarded to Lehigh University. A portion of this money is available for Bethlehem to update its zoning laws. She added that one pilot alley home was approved for a variance by the Zoning Hearing Board. If that project is successful and the City is desirous of adding more alley houses, the goal would not be to continue to handle approvals by variance but to amend the Zoning Ordinance for appropriate placement and regulations. Mr. Callahan said he is opposed to ADUs and will be voting no. He believes Allentown did this many years ago, and he believes it will lead to increased crime and lowering the housing values in our neighborhoods. Voting AYE: Ms. Laird, Ms. Leon, Ms. Crampsie Smith, and President Colόn, 4; NAY: Mr. Callahan, 1; RECUSAL: Ms. Kwiatek and Ms. Wilhelm, 2. Bill No. 38-2024, now known as Ordinance 2024-39, passed on Final Reading. (Recusal forms are attached to the original set of minutes.) G. Bill No. 39-2024 – Bill No. 39-2024 Friendship Park Improvements (Community Project Funding) – Budget Adjustments – 2024 Capital Budget for Non-Utilities The Clerk read Bill No. 39-2024 Friendship Park Improvements (Community Project Funding) – Budget Adjustments – 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 2024 CAPITAL BUDGET FOR NON-UTILITIES Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and President Colόn, 7. Bill No. 39-2024, now known as Ordinance No. 2024-40, passed on Final Reading. H. Bill No. 40-2024 – Bill No. 40-2024 Local Share Account (sidewalks) – Budget Adjustments – 2024 Capital Budget for Non-Utilities The Clerk read Bill No. 40-2024 Local Share Account (sidewalks) – Budget Adjustments – 2024 Capital Budget for Non-Utilities, 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 NON-UTILITIES Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and President Colόn, 7. Bill No. 40-2024, now known as Ordinance No. 2024-41, passed on Final Reading. Bethlehem City Council Meeting 13 October 15, 2024 I. Bill No. 41-2024 – Bill No. 41-2024 Friendship Park Improvements (Outdoor Recreation Legacy) – Budget Adjustments – 2024 Capital Budget for Non-Utilities The Clerk read Bill No. 41-2024 Friendship Park Improvements (Outdoor Recreation Legacy) – Budget Adjustments – 2024 Capital Budget for Non-Utilities, 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 NON-UTILITIES Ms. Crampsie Smith said the improvements to Friendship Park have been wonderful and she knows that they have cost a lot of money. She wondered how this park was earmarked for so many improvements. Other parks could use upgrades as well. Ms. Collins said that Friendship Park was identified as being in major need in the Northside 2017 plan. It was a big part of that plan, based on community feedback and a number of other factors. That neighborhood also has been identified by HUD as a Neighborhood Revitalization Strategy Area. Certain funds are tied to the program and must be spent there. A master Parks and Recreation Plan was recently authorized, so there will be a greater determination of the conditions of all of the parks. This will help give a snapshot of how the parks work together and identify the needs. Having an organized plan also makes it easier to get grant funding by showing need. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and President Colόn, 7. Bill No. 41-2024, now known as Ordinance No. 2024-42, passed on Final Reading. J. Bill No. 42-2024 – Bill No. 42-2024 HOME – Budget Adjustments – 2024 Capital Budget for Non-Utilities The Clerk read Bill No. 42-2024 HOME – Budget Adjustments – Community Development Block Grant Budget for 2024, 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 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR 2024 Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and President Colόn, 7. Bill No. 42-2024, now known as Ordinance No. 2024-43, passed on Final Reading. 9. NEW ORDINANCES A. Bill No. 43-2024 – Bill No. 43-2024 – Greenway Acquisition – Budget Adjustment – Non-Utility Capital Fund Bethlehem City Council Meeting 14 October 15, 2024 The Clerk read Bill No. 43-2024 – Greenway Acquisition – Budget Adjustment – Non- Utility Capital Fund, sponsored by Ms. Kwiatek and Ms. Leon and titled: AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE 2024 CAPITAL BUDGET FOR NON-UTILITIES. Mr. Callahan asked whether this is the final “piece of the puzzle” to complete the Greenway. Ms. Collins said that was correct. Mr. Callahan thanked Ms. Collins and all of those responsible from this and previous administrations. He believes the connection of the Greenway with the Saucon Rail Trail will be a beautiful thing for Bethlehem and the Lehigh Valley. All other Council members agreed. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and President Colόn, 7. Bill No. 43-2024 passed on First Reading. 10. RESOLUTIONS A. Approve Resolution – Law Bureau – Records Destruction Ms. Kwiatek and Ms. Leon sponsored Resolution No. 2024-223 that authorized the disposal of public records in the Law Bureau, as set forth in Exhibit A. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and Mr. Colόn, 7. The Resolution passed. B. Approve Resolution – Health Dept. – 2024 04P Communication Plan – Tactical Data Group, LLC Ms. Kwiatek and Ms. Leon sponsored Resolution No. 2024-224 that authorized to execute an Agreement with the Tactical Data Group, LLC to develop a communications plan for the City. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and Mr. Colόn, 7. The Resolution passed. C. Approve Resolution – Minimum Municipal Obligation – Allocations-2024 Pension State Aid Ms. Kwiatek and Ms. Leon sponsored Resolution No. 2024-225 that authorized to allocate $4,844,497.56 in 2024 General Municipal Pension System State Aid to the line items specified in the Resolution. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and Mr. Colόn, 7. The Resolution passed. Bethlehem City Council Meeting 15 October 15, 2024 D. Approve Resolution – 2024 42 WWTP State-Only Operating Permit Renewal Application – Entech Engineering, Inc. Ms. Kwiatek and Ms. Leon sponsored Resolution No. 2024-226 that authorized to execute an Agreement with Entech Engineering, Inc. to prepare the Air Quality Operating Permit Renewal Application for the City’s Wastewater Treatment Plant. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and Mr. Colόn, 7. The Resolution passed. E. Approve Use Permit Agreement – Chamber/DBA – 2024 Christmas City Village Ms. Kwiatek and Ms. Leon sponsored Resolution No. 2024-227 that authorized to execute a Use Permit Agreement with the Greater Lehigh Valley Chamber of Commerce, by and through its Downtown Bethlehem Association, for the 2024 Christmas City Village. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and Mr. Colόn, 7. The Resolution passed. F. Approve Resolution – 2024 44 – Greenway Appraisal Review – Contractor Christie M. Davies Ms. Kwiatek and Ms. Leon sponsored Resolution No. 2024-228 that authorized to execute an Agreement with Christie M. Davies for review of a Greenway land appraisal. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and Mr. Colόn, 7. The Resolution passed. G. Approve Resolution – Purchase and Sale Agreement – Norfolk Southern Railway – Greenway Land Acquisition Ms. Kwiatek and Ms. Leon sponsored Resolution No. 2024-229 that authorized to execute a Contract of Purchase and Sale and related documents with Norfolk Southern Railway Company for the purchase of approximately 11.8 acres to develop a recreational trail connecting existing trails on the Bethlehem Greenway with the Saucon Rail Trail. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and Mr. Colόn, 7. The Resolution passed. President Colón said he would accept a motion to consider Resolutions 10 H through 10 K as a group. Ms. Leon made a motion, seconded by Ms. Wilhelm, to consider Resolutions 10 H through 10 K as a group. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and Mr. Colόn, 7. The Motion passed. Bethlehem City Council Meeting 16 October 15, 2024 H. Certificate of Appropriateness – HARB – 20 West Church Street Ms. Kwiatek and Ms. Leon sponsored Resolution No. 2024-230 that authorized to paint the window shutters in “Sea Serpent”, the foundation, front porch, and basement double door in “Polished Concrete”, and the moldings on the bricks in “Ice Cube”. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and Mr. Colόn, 7. The Resolution passed. I. Certificate of Appropriateness – HARB – 47 East Market Street Ms. Kwiatek and Ms. Leon sponsored Resolution No. 2024-231 that authorized to install handrails on the porch steps to addresses 38 through 46 East Wall Street to address safety concerns. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and Mr. Colόn, 7. The Resolution passed. J. Certificate of Appropriateness – HARB – 402 North New Street Ms. Kwiatek and Ms. Leon sponsored Resolution No. 2024-232 that authorized to replace the existing black, dimensional shingled porch roof with GAF Slateline shingles in a grey color. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and Mr. Colόn, 7. The Resolution passed. K. Certificate of Appropriateness – HARB – 40 East Wall Street Ms. Kwiatek and Ms. Leon sponsored Resolution No. 2024-233 that authorized to paint trim and ground floor shutters, shutters on the second through fourth floors, secondary door on Church Street, and the primary entry doors on New Street. Voting AYE: Ms. Laird, Ms. Leon, Ms. Wilhelm, Mr. Callahan, Ms. Crampsie Smith, Ms. Kwiatek, and Mr. Colόn, 7. The Resolution passed. 11. ADJOURNMENT The meeting was adjourned 8:58 PM. ATTEST: Tad J. Miller City Clerk