435 Hamilton Street

Allentown, Pa. 18101

Allentown

Minutes - Final

City Council

Wednesday, June 19, 2019

7:00 PM

Council Chambers

This meeting is being live streamed and recorded. The video will be posted on the city website.

Remember your manners, exhibit good behavior and smile.

Invocation: Councilperson Zucal

Pledge to the Flag

Roll Call

Courtesy of the Floor

Courtesy and Privilege of the Floor Rules

Mr. Edward John White, 1922 W. Highland Street, promoted a city event on

June 22 presented by Promise Neighborhoods of Lehigh Valley called

Allentown Family Day which is a free event in the Arts Park from noon to

4:00 PM.

Ms. Julie Thomases, board of director for Promise Neighborhoods and

representing Inside Allentown which is a partnership between the City of

Allentown and Promise Neighborhoods Lehigh Valley. The mission of

Inside Allentown is to provide those who live and work in the City of

Allentown with better understanding of the functions of and the services

providing by the city government. It is a 10 week program. She thanked

the Mayor, City Council, the department heads, especially Leonard

Lightner.

Ms. Enid Santiago, 12 43 S. Jefferson Street, stated that she has a

concern of a need of a stop sign instead of a yield sign.

Mr. Roger MacLean stated that the Director of Public Works is here and he

and the Mayor are talking about 12th and Jefferson.

Mr. Craig Messinger stated that they will take a look at it.

Ms. Latoya Mitchell, 47 E. Cumberland Street, asked about a sign stop or

speed bump on E. Cumberland Street. There have been accidents with hit

parked cars.

Mr. Brandon Jones, Trexlertown, stated that his concern is between 8th and

10th Street from Turner to Linden there is sexual and drug activity. He

asked for an intervention. He stated during rain it is a reflectiveness on the

roads.

Mr. Craig Messinger stated that they are painted every July.

Ms. Evette Younes, 2614 Mountain Lane - South Allentown, stated that she

is a product of Allentown School District. Her family loves soccer and

asked about Andre Reed Park being the city's and not the school district.

She asked if the field get any TLC. The field has dangerous holes.

Ms. Karen El-Chaar stated that as it turns out Andre Reed Park they will be

re-seeding the field with a grant from the IronPigs.

Mayor Ray O'Connell stated that Andre Reed is coming into town on June

29th and we have an $8,500 grant to refurbish the field and we are putting

new backboards on the basketball courts. He stated that he hopes that

when Andre Reed comes to town he will write the city a check so that we

can do some of that stuff.

Ms. Margarita Houserly, 1406 Hamilton Street and West Park Civic

Association, stated that they are dealing with an issue of a zoning request

for a Recovery House. She asked for Council undertake an evaluation to

see if the Zoning Ordinance is adequate.

Mayor Ray O'Connell stated that he would allow Leonard Lightner to speak

on that. He stated that Victory House was in front of Zoning and was

denied.

Mr. Leonard Lightner stated that our Zoning Ordinance is dated. They are

looking, exploring and re-doing the Zoning Ordinance. They can go before

the Zoning Hearing Board. At this time, we have to stick to the Zoning

Ordinance.

Mr. Luis Acevedo, 2106 Baker Drive - Mountainville Memorial Little

League, stated that the issue has gotten worse. Jessica French reordered

a dumpster for garbage there. He stated that he got an invoice that she

owes $1,489.31 and it is under his name. He stated that he has been here

for eight months asking for help. They still owes money for a plowing

company from back in January. They owe money to an event cleaning

company. He thanked Karen for being helpful.

Mr. Roger MacLean stated that Ms. El-Chaar is taking care of things. What

do you want us to do, that she is not doing?

Mayor Ray O'Connell stated that the City of Allentown has been most

cooperative with you. What you need to do is to file a civil litigation lawsuit

and seek civil litigation against them. We are doing what we can.

Mr. Luis Acevedo stated that they can't afford it. They stole our uniforms

and equipment. Look how the field looks today.

Mr. Roger MacLean stated that if it is a crime you go to the Magistrate or

the police.

Mr. Julio Guridy stated that Council is not the body. We are doing what we

can under the Parks and Recreation. It is an external problem, a civil

problem.

Mr. Dan Blount, Minister at Union Baptist Church, asked about Valania

Park. He stated that they are working on apparatus Valania for three

weeks. There is only one port-a-potty for the park.

Ms. Cynthia Mota stated that she spoke on his behalf.

Ms. Karen El-Chaar stated that they approved the Request for Proposal

and can move forward with the formal design. Included in the

recommendation they have playground equipment. They will redesigning

the basketball court play area, safer surface in the playground area,

improve drainage based on stormwater, best management practices,

pavilion replacement with a formal restroom. No longer port-a-potties. It is

in the Request for Proposal and all that information is made available to the

public.

Mr. Paz Simpson, Promise Neighborhoods - 137 S. Seventh Street,

thanked the Mayor, Mr. Lightner and Ms. Julie Thomases for championing

out the Inside Allentown Program. It is a great thing to watch.

Mayor Ray O'Connell thanked Mr. Simpson for saying that, but Julie

deserves the accolades.

Approval of Minutes:

15-3014

June 5, 2019 City Council Contract Approval Meeting Minutes

Attachments: June 5, 2019 City Council Contract Approval Meeting Minutes

The minutes were approved by the following vote:

Old Business: NONE

Communications

•

Anna Tjelveit – Writing Scholarship

Rebecca West Hensinger – Mrs. Pennsylvania America 2019

Xiamari Osorio – Human Relations Commission Logo

REPORTS FROM COMMITTEES:

Budget and Finance: Chair Guridy, Hendricks, Mota

The Committee met on June 12th and forwarded some items for tonight’s meeting;

the next meeting not yet scheduled.

Community and Economic Development: Chair Robinson, Guridy, Affa

The Committee met on June 12 and forwarded some items on tonight’s agenda; a

future meeting will be scheduled.

Human Resources, Administration and Appointments: Chair Affa, Zucal, Mota

The Committee has not met since the last council meeting; there was a request from

the administration to reschedule the meeting that was set for this evening.

Parks and Recreation: Chair Mota, Robinson, MacLean

The Committee met on June 12 and forwarded an item on tonight’s agenda; a future

meeting will be scheduled.

Public Safety: Chair Hendricks, Affa, Zucal

The Committee has not met since the last council meeting; there are no future

meetings scheduled.

Public Works: Chair Zucal, Hendricks, Robinson

The Committee has not met since the last; there are no future meetings scheduled at

this time.

Rules, Chambers, Intergovernmental Relations and Strategy: Chair MacLean, Affa,

Guridy

The Committee has not met since the last council meeting; there are no future

meetings scheduled.

Controllers Report

Mr. Jeff Glazier stated that he has two Reports. The Bank Reconciliation for the

month of March. The only finding is that it was a unreconciled difference of $136.86.

The difference is due to timing of various transactions. He has the Accounts

Payable Weekly Check Review for the month of May. They reviewed 402 checks for a

little over $4 million. There were 13 wires for $1.2 million. They had five instances

where the incorrect expense account was used to expense expenditures. There

were 12 checks that were paid late. He advised Council and the public that they are

in intern season and they are doing three process flows for Sick Time, Treasury

Cashiering Process and Accounts Payable Process.

Administration Report

Cynthia Mota Made a Motion to Suspend The Rules to bring Bill 32 foward,

seconded by Ed Zucal

7 -

Yes:

Candida Affa, Roger MacLean, Courtney Robinson, Cynthia Mota, Daryl Hendricks,

Julio Guridy, and Ed Zucal

15-2940

Bill 32 CEDC, Forwarded Favorably

Amending the Property Rehabilitation and Maintenance Code, Article

1747, SAFE AND SANITARY MAINTENANCE, by requiring landlords to

install Window Guards in all windows if a child 10 years or younger lives in

the rental unit, or spends considerable time in the unit.

Mota, Mr. Zucal, Guridy, Administration, Affa, Hendricks, MacLean and Mr. Robinson

Sponsors:

Attachments: Bill 32 Window Guards

Bill Window Guards

Bill 32 Amended

Ordinance #15542

Mr. Roger MacLean asked if there were any comments from Council.

Ms. Cynthia Mota acknowledged that Ms. Yanill Andrade is here with her

family and a lot of members of the community. This is very difficult. She

stated that she has been working with Yanill. She stated that as a mother,

a sister, and as a daughter she is in pain because of Yanill's lost of a child.

We as a community has to take a stand and protect our children. She

thanked the administration, Mr. Lightner, Mr. Harvey and her colleagues.

She thanked Yamelisa Jimenez who called everybody when this incident

happened.

Ms. Yanill Andrade introduced her fiance Juan Rivera and children. Three

months ago, they lost a piece of their hearts. Their daughter tragically

passed away. Her daughter's death did not affect the family, but affected

the community. Many children lost a friend. She stated that she is having a

hard time explaining her death. Imagine telling her friends. She stated that

they are not the only Allentown family to experience the lost, but hopes it is

the last. The bill will prevent future tragedies. She stated that if this law is

passed she hopes other Pennsylvnia cities follow Council's lead and it

could become a state law. She thanked everyone and stated that she is

hoping the Bill is passed.

Mr. Ed Zucal stated that he has another job that he does desides his day

job. He was there when Ahnelly died. He stated that he never forgotten

her. She was a very beautiful girl. He hopes that they can find peace. This

is written as a safe and santitary maintenance bill. He asked the attorney if

it is possible to name it Ahnelly's law?

Mr. Scott Holbert stated yes, we can do that.

Mr. Roger MacLean stated that he is very sorry and opened it up to Council

and the public.

Ms. Cynthia Mota stated that Council is still in Courtesy of the Floor and if

you would like to say something, this is the time.

Ms. Yamelisa Taveras, 1932 Virginia Street, stated that she made motion

as soon as she heard about the sad news and a big statement for Ahnelly's

Law Now. She stated that she stood here a few weeks ago as a mother

and a resident. She stated that she can't imagine what they are going

through. She thanked Cynthia Mota for pursuing this and saying yes, today.

Ed Zucal made a motion, seconded by Cynthia Mota to name the Bill as Ahnelly's

Law.

Enactment No: 15542

Mr. Roger MacLean asked if there were any comments from the public on

the Amendment.

The public stated Ahnelly's Law.

7 -

Yes:

Candida Affa, Roger MacLean, Courtney Robinson, Cynthia Mota, Daryl Hendricks,

Julio Guridy, and Ed Zucal

Ms. Cynthia Mota congrulated the family and thanked them for the shirt.

Mr. Roger MacLean thanked them for coming out and stated that they were

patient and Council moved it forward a little faster.

Mr. Julio Guridy stated good job, Cynthia.

7 -

Yes:

Candida Affa, Roger MacLean, Courtney Robinson, Cynthia Mota, Daryl Hendricks,

Julio Guridy, and Ed Zucal

Administration Report

Mayor Ray O'Connell stated that on June 6, 2019 the City of Allentown put

three new fire engines into service. Mr. Zucal, Ms. Affa, and Mr. Hendricks

were there. They added two new firefighters in the 2019 budget. They will

adding a rescue Hazmat truck. Tomorrow morning at 11:30 AM we will be

swearing in seven new police officers. This Friday with Mr. Hendricks

leading the charge, we will have an announcement on the Summer Meals

Program with the National League of Cities.

APPOINTMENTS:

15-3002

Laurie McShane, Nuisance Abatement Board of Appeals, 07/19/2023

Attachments:

Memo from Mayor O'Connell regarding Nuisance Abatement Board of

Appeals - Laurie McShane

Ms. Candida Affa stated that this is a reappointment and Laurie McShane

term will be up in 2023. She asked if there were any comments from her

colleagues or the public.

6 -

Yes:

Candida Affa, Roger MacLean, Courtney Robinson, Daryl Hendricks, Julio Guridy,

and Ed Zucal

1 - Cynthia Mota

Absent:

Enactment No: 29822

15-3024

Shannon Fugate, Allentown Arts Commission, 01/06/2024

Attachments:

Memo from Mayor O'Connell regarding Allentown Arts Commission -

Shannon Fugate

Ms. Candida Affa stated that Shannon Fugate' term wil be up in 2024. She

asked if there were any comments from her colleagues or the public.

6 -

Yes:

Candida Affa, Roger MacLean, Courtney Robinson, Daryl Hendricks, Julio Guridy,

and Ed Zucal

1 - Cynthia Mota

Absent:

Enactment No: 29823

ORDINANCES FOR FINAL PASSAGE (To be Voted On):

Suspension of Rules to Make Appointment - considering R54 after Bill 37

Ed Zucal Made a Motion to Suspension of Rules to Take R54 and Bill 37 out of

order, seocnded by Daryl Hendricks

15-2988

Bill 37

Amending the 2019 General Fund budget to allow for a change in the

Solicitor’s Office changing the part-time City Solicitor position to a full time

position.

Attachments: Bill 37 Solicitor's Office

Bill 37 Amended

Mr. Roger MacLean asked if there were any comments from his

colleagues.

Mr. Courtney Robinson stated to Mayor O'Connell that he noticed that they

are increasing the salary, but leaving the Pay Grade at 20A. He stated that

he is curious of what the reasoning for that. He stated that most of the

cabinet is at 21.

Mayor Ray O'Connell stated that they will check. They did talk about a 21.

Mr. Courtney Robinson asked if it should be an amendment on the Bill.

Mr. Scott Holbert stated yes, we will need an amendment.

Courtney Robinson made an Amendment to change the Pay Grade from 20A to

Pay Grade 21A

6 -

Yes:

Candida Affa, Roger MacLean, Courtney Robinson, Daryl Hendricks, Julio Guridy,

and Ed Zucal

1 - Cynthia Mota

Absent:

Enactment No: 15541

Mr. Roger MacLean asked if there were any comments from his colleagues

or the public.

6 -

Yes:

Candida Affa, Roger MacLean, Courtney Robinson, Daryl Hendricks, Julio Guridy,

and Ed Zucal

1 - Cynthia Mota

Absent:

Enactment No: 15541

15-3011

R54

Appointment of City Solicitor - Matthew Kloiber

Hendricks, Mr. Zucal, Affa, Mr. Robinson, Mota, MacLean and Guridy

Sponsors:

Attachments: R54 Solicitor Appointment

Matt Kloiber Resume

Memorandum from Mayor Ray O'Connell regarding Nomination of

Attorney Matthew Kloiber

Mayor Ray O'Connell stated with sincere thanks and gratitude to City

Council. He stated that he knows Matt will do an excellent job and thanked

each and every one of them.

Mr. Roger MacLean stated that it is a good choice and to his family

congraluations.

Mr. Matt Kloiber thanked them and stated that his son wrote it this morning.

He thanked them for the opportunity and stated that he looks for to working

with each of them.

Mayor Ray O'Connell congralutaed Matt and the entire legal department.

He thanked Fran Fruhwirth and Scott Holbert. He stated that everyone

should be proud and he is proud that the city has a strong legal department.

7 -

Yes:

Candida Affa, Roger MacLean, Courtney Robinson, Cynthia Mota, Daryl Hendricks,

Julio Guridy, and Ed Zucal

Enactment No: 29824

15-2975

Bill 33 Budget and Finance, Forwarded Favorably with the caveat the

legislation goes into effect next year.

DIRECTING THE LEHIGH COUNTY BOARD OF ELECTIONS TO PLACE

A REFERENDUM QUESTION BEFORE THE CITY OF ALLENTOWN

VOTERS ON THE NOVEMBER 5, 2019 GENERAL ELECTION BALLOT

TO AMEND THE CITY OF ALLENTOWN HOME RULE CHARTER TO

CHANGE THE DATE BY WHICH THE MAYOR SHALL SUBMIT A

BALANCED BUDGET AND CAPITAL PROGRAM TO CITY COUNCIL

FOR THE ENSUING FISCAL YEAR TO OCTOBER 15

Affa, Guridy, MacLean and Mr. Zucal

Sponsors:

Attachments: Bill 33 CA Budget Intro

Bill 33 Amended

Ordinance #15543

Letter from Mike Hanlon to Timothy Benyo regarding Ordinances

#15543 and #15544

Mr. Julio Guridy stated that it is basically what it is said. We are trying to

place it on the Charter. We have to do it 13 weeks before the municipal

election.

Mayor Ray O'Connell stated 14 weeks. You have until August 5th.

Mr. Julio Guridy stated that it is something that Council should support and

it is good for our city.

Mr. Roger MacLean stated that he agrees.

Mr. Courtney Robinson stated in accordance with the discussions in the

meeting, he would like to make an amendment to this Bill to state that it will

not take effect to January 1, 2020. He stated that his concern was on both

Bills. He stated that he believes in consistancy. We want to avoid having

two different processes for the same budget. He stated that Lehigh County

is quite a stickler when it comes to these.

Mr. Julio Guridy stated that is true. They are not going to vote until

November 5th.

Mr. Scott Holbert stated that you are not amending the Ordinance to take

effect.

Mr. Courtney Robinson stated the passage by Referendum to take a vote.

Mr. Scott Holbert stated that the Referendum Question if not approved by

the voters won't take effect until January 1, 2020.

Mr. Roger MacLean stated that we will have the budget by election time

too. He asked if there were any other comments on the amendment. He

asked if there were any comments from the public on the amendment.

Courtney Robinson Made Motion, seconded by Candida Affa to Amend this Bill to

state that the affects of the Referendum would not take effect until January 1,

2020.

Enactment No: 15543

Mr. Roger MacLean asked if there were any comments from the public.

7 -

Yes:

Candida Affa, Roger MacLean, Courtney Robinson, Cynthia Mota, Daryl Hendricks,

Julio Guridy, and Ed Zucal

15-997

June Finance Reports

7 -

Candida Affa, Roger MacLean, Courtney Robinson, Cynthia Mota, Daryl Hendricks,

Julio Guridy, and Ed Zucal

15-2976

Bill 34

Budget and Finance, Forwarded Favorably with an amendment

DIRECTING THE LEHIGH COUNTY BOARD OF ELECTIONS TO PLACE

A REFERENDUM QUESTION BEFORE THE CITY OF ALLENTOWN

VOTERS ON THE NOVEMBER 5, 2019 GENERAL ELECTION BALLOT

TO AMEND THE CITY OF ALLENTOWN HOME RULE CHARTER TO

CHANGE PROHIBIT A TAX INCREASE FROM GOING INTO EFFECT BY

DEFAULT .

Guridy, MacLean and Mr. Zucal

Sponsors:

Attachments: Bill 34 Default Budget - CA

Amd Prepared for June 12 Budget Adoption by 12.31- Eliminate

Budget by Default- 4 Votes - Effective Date (Veto) 6.12.19

Bill 34 Amended

Bill 34 Clean Bill

2005 Ord 14354 Tax Charter Question

2006 Ord 14359 - May to Nov ballot

2006 Ord 11464 - Repeal 14359

Ordinance #15544

Letter from Mike Hanlon to Timothy Benyo regarding Ordinances

#15543 and #15544

Mr. Roger MacLean stated that it was in Budget and Finance and it was

forwarded favorably. He asked if there were any comments from Council.

Mr. Julio Guridy stated that the reason for this is that we really want to move

this forward so that Council can work together to make sure we approve it.

Mr. Courtney Robinson stated that it needs to be an amendment to the Bill.

Mr. Julio Guridy stated that instead of the super majority that we used to

have, there will be four. In order to increase taxes, Council needed five

votes to be able to increase taxes.

Mr. Courtney Robinson stated that it also eliminates the default budget.

Mr. Scott Holbert stated that specifically if you are doing the amendment

with the four votes, it is not the budget section itself. You will be amending

Section 807 which is the revenue section and how we deal with the

passage of tax increases and fee increases. That's where the four and five

vote number come into play. A budget without a tax increase can pass by

four votes. It's when it is an increase is when you need the fifth vote. You

will be amending Section 807, not Section 805.

Mr. Julio Guridy stated that it is only for tax increases.

Mr. Courtney Robinson asked Mr. Holbert that since it is affecting Section

807, instead 805 will that also remove the default budget provision. We

are talking about multilple sections in the Charter now. He hopes that they

are accomplishing everything that was discussed by the committee at last

week's meeting.

Mr. Scott Holbert statee that the amendment on four versus five votes won't

have an effect on the default budget. That is Section 805 in the budget

where you have to delete that language.

Mr. Courtney Robinson stated that his concern is on a separate issue

concerning this Bill it was expressed that it was preferential from the

county's perspective not to have one question to change two Sections of

the Charter.

Mr. Roger MacLean stated that he can see how that can be confusing to

voters too.

Mr. Courtney Robinson stated that was something that was not realized

until a discusison concerning what he had discussed about adding the

website to the Charter.

Mr. Julio Guridy stated that the other thing is to make another Bill.

Mr. Mike Hanlon stated that Ms. Fruhwirth drafted this amendment and she

is here.

That it goes into effect that four Councilperson have to approve the Budget by

December 31st.

Enactment No: 15544

15-2984

Bill 35 CEDC, Forwarded Favorably

An Ordinance providing for the expenditure of certain monies received by

the City of Allentown under Title I of the Housing and Community

Development Act of 1975, as amended; The Homeless Emergency

Assistance and Rapid Transition to Housing Act of 2009; and Title II of the

National Affordable Housing Act of 1990, as amended, for the purpose of

undertaking programs of housing and community development within the

City.

Attachments: Bill 35 CDBG NEW ACCOUNT SETUP_2019

Enactment No: 15545

15-2986

Bill 36 Parks and Recreation, Forwarded Favorably

Amending the 2019 General Fund Budget to provide for a supplemental

appropriation of One Thousand ($1,000) Dollars from an anonymous donor

to purchase a Dogwood tree in memory of Grace Packer.

Attachments: Bill 36 Grace Packer Memorial

Enactment No: 15547

15-2990

Bill 39 Budget and Finance, Forwarded Favorably

Amending the 2019 Solid Waste Fund Budget by transferring Six Hundred

Forty-Two Thousand Eight Hundred Fifty-Seven ($642,857) Dollars from

the 2019 General Fund to the 2019 Solid Waste Fund for the third loan

payment.

Attachments: Bill 39 Solid Waste Loan Payment

Bill 39 Amended

Enactment No: 15547

RESOLUTIONS FOR FINAL PASSAGE (To be Voted On):

15-2985

R46 CEDC, Recommended Favorably

Approves the Submission of the Action Plan to the United States

Department of Housing and Urban Development.

Attachments: R46 CDBG Action Plan Resolution

Enactment No: 29825

15-3008

R50

Police Officer Appointment

Attachments: R50 Police Officer Hire - Mrozowski

Enactment No: 29826

15-3009

R51

Certificates of Appropriateness for work in the Historic Districts:

220 N 10th St., 242 N 10th St., 535 Park St., and 645 N 6th St.

Attachments: R51 - June 2019 HARB Cases

220 N 9th St. Final Review

242 N 10th St Final Review

535 Park St Final Review

645 N 6th St Final Review

Enactment No: 29827

15-3023

R52

1901 S. 4th Street - Sewage Planning Module

Attachments: Bill 41 Basin St and MLK BLVD (former incinerator site) ORDINANCE

Basin Street - Attachment A

Basin Street - ACPC recommendation

Basin Street (Former Incinerator) Mailing Labels

20190730 Allentown - BL-I to I-3

Letter from Irene Woodward from the Planning Department regarding

Rezoning Former City Incinerator Site at Basin Street BLI to I3

Notice - Former Incinerator Site At Basin Street and MLK Blvd from

BLI to I3

Ordinance #15559

Enactment No: 15559

15-3006

Bill 42

Amending the 2019 Capital Fund Budget to provide for a supplemental

appropriation of Three Hundred Thirty-Three ($333.00) Dollars. This was a

result of payment in lieu of tree plantings from Elias Market, Inc. for the

Elias Market Parking Extension Project. Funds will be used for the

purchase of new street trees.

Attachments: Bill 42 Elias Trees

Ordinance #15550

Enactment No: 15550

RESOLUTIONS FOR INTRODUCTION (Can be voted on or Referred to Committee):

15-3025

R55

Allentown City Council authorizes the Controller’s Office and the EAC to

conduct a comprehensive carbon footprint of the city and calls upon the

EAC to devise a climate action plan to be developed and present to

council no later than December 2019.

Mr. Robinson and Affa

Sponsors:

Attachments: R55 Carbon Footprint

15-3003

R56 Refer to CEDC

Supports and encourages the implementation of solar power to the

maximum extent reasonablypossible and calls on the state legislature to

support and pass HB531

Mr. Robinson and Affa

Sponsors:

Attachments: R56 Allentown Solar Resolution

Enactment No: 29830

NEW BUSINESS

GOOD AND WELFARE