435 Hamilton Street

Allentown, Pa. 18101

Allentown

Minutes - Final

City Council

Wednesday, December 6, 2023

Invocation:

6:30 PM

Council Chambers

Pledge to the Flag

Roll Call: Candida Affa, Cynthia Mota, Ce Ce Gerlach, Daryl Hendricks, Santo Napoli,

Natalie Santos, Ed Zucal

Courtesy of the Floor

Courtesy and Privilege of the Floor Rules

Contract Approvals

15-6467

R204

Authorization for Contract with Wyoming Electric & Signal, Inc. in the

amount of $237,094.40 for improvements to the pedestrian safety along

Martin Luther King Jr Dr, Lehigh St, and Union St, bid through the State as

a result of a PennDOT TASA Grant.

Attachments: R204 - Wyoming

Mr. Daryl Hendricks asked if there were any questions or comments from

his colleagues or any comments from the public.

Mayor Matt Tuerk asked Mr. Hendricks to have Ms. McNeil read the

contents of the Resolution.

Ms. Sarrah McNeil stated that the project was advertised to obtain the

services of a qualified contractor in PennDOT's ECMS System on the city's

behalf on September 29, 2023. The Project was advertised to obtain the

services of a qualified contractor and PennDot's ECMS System n the city's

behalf on September 29th, 2023. The opening was on November 2, 2023.

There were five bidders, but the lowest qualified bid being from Wyoming

Electric & Signal Inc. The city has successfully done business with

this vendor before.

Mr. Daryl Hendricks thanked Ms. McNeil and asked if there were any

questions or comments from his colleagues or comments from the public.

7 -

Yes:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Ce-Ce Gerlach, Natalie

Santos, and Santo Napoli

Enactment No: 30752

15-6468

R205

Authorization for Contract price increase of 10% or more for an existing

Contract over $40,000.00, that was previously Bid and Awarded under City

Policies, with Maher Duessel in the amount of $51,000.00 that was

previously bid to perform financial and compliance audits covering each of

three (3) years ending December 31, 2022, 2023 and 2024.

Administration

Sponsors:

Attachments: R205 -Maher Duessel

Mr. Michael Hanlon stated that there is a request for Eddie Aviles to speak.

There is no subject matter.

Mr. Eddie Aviles stated that he will make it quick. He stated that today

Council has an important decision to make. He asked when can he speak

about the Mayor.

Mr. Daryl Hendricks stated when that comes up.

Ms. Sarrah McNeil stated that Maher Duessel is a previously awarded

contract that was requesting additional funds in the amount of $51,000.

This is due to additional services being requested. Due to the cost of the

Change Order being over 10 percent of the amount, it is being presented

here before Council.

Mr. Daryl Hendricks asked if there were any questions or comments from

his colleagues. He asked if there were any comments from the public.

7 -

Yes:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Ce-Ce Gerlach, Natalie

Santos, and Santo Napoli

Enactment No: 30753

Minutes of Previous Meeting:

15-6470

November 4, 2023 City Council Budget Review and Action Meeting

Minutes

Attachments:

November 4, 2023 City Council Budget Review and Action Meeting

Minutes

7 -

Yes:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Ce-Ce Gerlach, Natalie

Santos, and Santo Napoli

Communications

Old Business

REPORTS

Special Meeting: There will be Special Meeting on December 12th at 6"30 PM to

review and act on the budget.

Water/Sewer Compliance Meeting: There will be a Water and Sewer Compliance

meeting on December 20th, time to be determined.

Budget and Finance: Chair Napoli, Hendricks, Gerlach

The Committee has not met since the last council meeting; a meeting is scheduled

for December 20th, time to be determined.

Community and Economic Development: Chair Mota, Napoli, Affa

The committee met this evening; the next is scheduled for December 12th 5:45 PM.

Human Resources, Administration and Appointments: Chair Santos, Zucal, Napoli

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

meetings scheduled at this time.

Parks and Recreation: Chair Gerlach, Affa, Mota

The Committee has not met since the last Council meeting; the next meeting is

scheduled for December 12th at 6 PM.

Public Safety: Chair Affa, Hendricks, Zucal

The committee did not meet this evening; there are no future meetings scheduled.

Public Works: Chair Zucal, Santos, Hendricks

The Committee has not met since the last Council meeting; the next meeting is

scheduled for December 12th at 6:15 PM.

Rules, Chambers, Intergovernmental Relations, and Strategy: Chair Hendricks,

Mota, Gerlach

The committee has not met since the last Council meeting; there are no future

meetings scheduled at this time.

Controller's Report (3 minutes)

Mr. Jeffrey Glazier stated that they will do something different tonight. It might be

instructive for everyone to take a dive in overtime. He put together a handout and

for the public, it is up on the scene. He stated if you look at the budget, the overtime

number is a big number. If you ever wonder what goes into it, he thought that he

could take a couple of minutes and break that down for Council and the public. He

used 2022 because they have the full year. He went over the overtime. He stated

that public safety is the main driver of overtime is really police. He looked at the

breakdown and took the top 10 categories. He talked about Special Events. There

are city events like Halloween and events like that, that are city sponsored if they

need police overtime. There are other Special Events that the city invoices the

sponsoring group for the time that has been spent. The total amount of invoice this

year is a little over $60,000 and so far that got $50,000 paid. There is about $15,000

that is owed to us. Most people pay eventually, but not all groups end up paying. If

a group does not pay, they will probably will be denied a permit going forward if they

want to do something because they didn't make good on their commitment. He

stated that gives us a look at overtime in a nutshell so they have a better

understanding of the kinds of things to go into it and what we are getting for our

overtime dollars. He stated that if they have any questions, he will do his best to

answer them.

Mr. Daryl Hendricks asked if anyone had any questions right now.

Ms. Ce Ce Gerlach stated for clarification for school patrols, asking is that the

SRO's.

Mr. Jeffrey Glazier stated good question, this is outside the school. They will be

patrolling in the neighborhoods and the perimeters, but not inside the schools and

not the SRO's.

Ms. Ce Ce Gerlach sated ok, got you. She stated for the arena, she did not get to get

her calculator out yet. They only get reimbursed for the police that is inside the

arena. She asked how did that get setup. How did that get setup that our police

have to go out and do traffic duty for an entity that is generating revenue.

Mr. Jeffrey Glazier stated inside the arena. That is correct. He stated that he can't

tell her exactly. It has been a longstanding arrangement. The Chief is here and may

be able to add to that. If not, he will certainly get her the answer.

Ms. Ce Ce Gerlach stated that the events are in the evening and she does not know

if a lot of stuff happens in the neighborhoods and the cops are down there directing

traffic.

Mr. Jeffrey Glazier stated that is undoubtedly why you are not using regularly

scheduled officers to do this because they are out in the neighborhoods doing their

best to keep them safe. It is an overtime expenditure.

Mr. Daryl Hendricks stated that he appreciates the work Mr. Glazier put into this. He

knows himself this is something that he is just getting now and briefly looked at it

earlier. He stated that with any questions they can direct them.

Mr. Jeffery Glazier stated to Ms. Gerlach just email to me and he will get something

more definitive.

Ms. Ce Ce Gerlach thanked Mr. Glazier.

Mr. Jeffrey Glazier stated you are very welcome.

Mr. Daryl Hendricks asked if anyone had any brief questions. If so, bring them to Mr.

Hanlon and they will get those answers.

Mayor's Report (3 minutes)

Mayor Matt Tuerk deferred the Mayor's Report to the next meeting.

15-6501

Controller Reports

Attachments: overtime present

Accounts Payable - Dec 30

Petty Cash Report to 11.28

Bank Rec to August 30

ORDINANCES FOR FINAL PASSAGE (To be Voted On):

15-6347

Bill 93

AN ORDINANCE OF THE CITY OF ALLENTOWN TO AMEND THE

ZONING ORDINANCE OF THE CITY OF ALLENTOWN TO ADD A NEW

SECTION THAT WOULD ESTABLISH A NEW “MIXED USE OVERLAY”

ZONING DISTRICT, AND THAT WOULD APPLY THIS NEW DISTRICT TO

LAND FORMERLY OCCUPIED BY THE ALLENTOWN STATE

HOSPITAL THAT IS SOUTH OF HANOVER AV., SOUTH OF E. ALLEN

ST., SOUTH OF WAHNETA ST. EXTENDED, GENERALLY EAST OF

MAXWELL ST. EXTENDED, NORTH OF RIVER DR., AND WEST OF

THE CITY OF BETHLEHEM BORDER, AS DEPICTED IN MORE DETAIL

ON AN ATTACHED MAP LABELED “EXHIBIT A”, AND TO ADD

CERTAIN DEFINITIONS.

Ms. Cynthia Mota stated that it was forwarded favorably, 3 - 0.

Mr. Daryl Hendricks asked if there were any questions, comments from his

colleagues or comments from the public.

Ms. Ce Ce Gerlach asked to clarify procedural as a body, as a Council,

this is the only time that they will vote on anything concerning this parcel of

land. She stated that she knows that it goes to the Planning Commission,

but as a body this is our only time.

Mayor Matt Tuerk stated one second. He is going to get an answer from

the Planning Director.

Ms. Many Tolino stated that this is the only Council approval on this

particular development, unless some nuance comes out of it which is

always possible. This will relay the Zoning framework and the text and the

map and will get developed in a three stage process. All of that will be

reviewed by the Allentown and Lehigh Valley Planning Commissions.

Ms. Ce Ce Gerlach stated that she does have questions since this is their

one opportunity. She stated that when she was reading through the

ordinance, it does a good job in spelling out what Ms. Gomez has

described in terms of the process that the city and the developers will go

through. She did not see within that process another public facing

opportunity for the community to weigh in. They know that these plans are

somewhat preliminary. It is an idea, but may not be what might finally

happens. The fact that it is not mentioned in the ordinance any other further

opportunities for the community. The push back is that they can come to

the Planning Commission. She is talking about other events on the

eastside where once you have the final/final plan for the public to actually

weigh in on and express their concerns. Not just one, but multiple. She

asked if anybody wants to speak to why it is not in the ordinance. The

ordinance is very detailed and very well written. They did a good job writing

the ordinance. She finds it interesting that was not mentioned and the

process.

Attorney Dennis McCarthy stated that the main answer to the question that

Ms. Gerlach already stated because there is a three step process. There

are three opportunities at least through the Master, Tentative and Final Plan

for everybody, the administration, the public to go to the Planning

Commission and be involved. His guess is the phases will involve more

than one meeting of the Planning Commission. Answer number 2, you are

correct. It is not in the ordinance. What you saw with the development of

the ordinance and the development of the concept plan at least for City

Center is a real effort to reach out to the stakeholders and interface with the

public and get feedback. He is not sure any element in the Subdivision or

Land Development Ordinance or the Zoning Code that include that kind of

requirement in any place else in the city, if there could have been. It is

disappointing that it wasn't.

Ms. Ce Ce Gerlach stated that she does know that just looking at the

ordinance it seems as though and stated it at the CED meeting. It is

definitely written in a way for this. There could have been an opportunity to

do something different. The Planning Commission meetings are at noon

during the week when people are working. She mentioned during the CED

meeting that it would be great and if it is not written and if it is not written,

then it does not matter. It does not happen. She asked about a

Community Needs Assessment and has there been any report that was

generated based on that meeting at the Eastside Youth Center to really list

some ideas.

Attorney Dennis McCarthy stated no formal report for publication, but it was

certainly factored into the thinking and development of the ordinance and

the concept plan. As far as assessing the needs of the community, the city

is as Ms. Kistler explained going through a health care assessment,

housing assessment, and City Center has already reached out to Ms.

Kistler to offer help to get eastside residents to respond and provide

feedback to that because they want to know too. As part of the Master

Plan Development, the city is going to have all this data and information

and certainly wants to and any developer would want to understand it and

react to it. City Center is committed to helping the city making those

assessments as valuable as possible.

Mayor Matt Tuerk added that and Council has a copy. The city went

through an exhaustive process of developing a 10 Year Community and

Economic Development Plan. Allentown Vision 2030 that has a detailed

assessment on the needs on the eastside. At that point it spoke to the

needs of the eastside and the city continues to engage the city through the

Planning Department to get a better sense of what the needs are.

Ms. Ce Ce Gerlach stated that it is great to hear that conversation between

the Mayor and Ms. Kistler have happened. If there were to have a

healthcare facility that would be a nonprofit, that would be tax exempt. No

taxes would be generated.

Ms. Vicky Kistler stated not necessarily. Taxable outpatient clinical

services that could be located on the property.

Ms. Ce Ce Gerlach asked about the open space question and the concern

she has is the flexibility of what counts as open space. She was looking at

the Riverfront Overlay District which was stated that this was modeled after

that. For the Riverfront Overlay District parking lots do not count towards

the open land areas. They had a 10 percent requirement. She is curious

as to why with this ordinance, rooftop recreational areas count as open

space. Rooftop recreational areas are only assessable to the residents of

that building or businesses of that building at the general public. It is not

necessary greenspace. It is recreational space. That counts towards the

open space area. Parking lots that are built for the recreational space like

the Eastside Youth Center's parking lot counts towards the open space

area. If the School District was to have something there then their

recreational space would count towards the open space area. She stated

from her reading and please correct her if she is wrong, the only

guaranteed publicly assessable greenspace is the trail area.

Mr. Charlie Schmehl, Urban Research and Development Corporation,

stated that Ms. Gerlach is correct that a parking lot that is only to serve a

recreation area would count as an open space requirement. One of the

projects that is envisioned in this plan is a trail head for the trails along

River Drive. They want to provide a public parking lot to serve those trail

users and that is the type of thing that would be integrated in the open

space. The rooftop recreation would only count as open space if it is a

deed restriction to guarantee continue use of the recreation area by the

residents of the building. They are looking at providing for the recreation

needs of the residents of the project to reduce the burden on the existing

recreation areas in the city in that regard. The vast majority of the open

space would be land along the Lehigh River that would remain wooded and

would be managed in association with the Wildland Conservancy and

would have trails. There are also proposals for smaller recreation areas

integrated with residential areas and also proposal for a community special

events space right along Hanover Avenue where all the big tree are. That

is envisioned to be a place where it could be different community activities,

festivals, building upon the adjacent area. They looked at various types of

recreation needs in this area. They are also proposing a recreation area

that would be dedicated to the Eastside Youth Center which would

probably be used for a soccer field. There are various types of recreation

areas that are proposed and envisioned in the plan. The ordinance does

require 35 percent of the total land area to be set aside in these areas.

Ms. Ce Ce Gerlach thanked Mr. Schmehl and stated that when she did the

math that 35 percent requirement would be met by the wooded area that

the Wildland's Conversancy is going to give advice on. Technically to meet

that 35 percent, you would need to any other open space because that

would be met just by that wooded area. It states in the ordinance that the

trail could be gated or closed to the public. On Page 7, Number 5A. She

stated that it says from sunrise to sunset. She can't think of any trails that

have a gate.

Mr. Charlie Schmehl stated that the current plan envisions 42 percent open

space to make the residential areas marketable and make the commercial

area marketable. They feel there is a need to have recreation areas

integrated in the project in addition to the nature areas closer to the river.

He stated he believes it says at night. Is that the case? The idea is that if it

is going to be a public access trail in an area where they are not

comfortable with a nighttime security. They would like to be able to close

the trail at night. In the same way a lot of the city parks are closed at night.

The trail will be open during daylight hours.

Ms. Ce Ce Gerlach thanked Mr. Schmehl for that clarification. She stated

that her next areas of concern, on Page 1 of the Ordinance Number 1 letter

C of the purpose to widen the housing opportunity. She stated that does

not see what is happening. She referenced an article in Lehigh Valley Live

in 2023, data from a national housing coalition shows that it is a deficit of

housing for extremely low income. She used Lehigh Valley AMI and

discussed when you get to middle income and above medium income.

Mr. Charlie Schmehl stated that there is a sever housing shortage in Lehigh

Valley for all types. The Lehigh Valley Planning Commission says the

current shortage is 9,000 housing units and they need to add 1,320

housing units each year to keep up with the demand. It is not possible for a

private developer to build very low income housing without massive public

subsidies. There is interest expressed if there are particular partners that

want to be involved in portions of the property there may be opportunities to

do different types of housing. The goal is to bring in middle income

housing and that will loosen up the housing supply.

Ms. Ce Ce Gerlach stated that they are talking low income that is literally

most people. That is people making just over $40,000 something a year.

That is most people. Middle income according to Lehigh Valley Live is

$95,000.

Mr. Charlie Schmehl stated that most people will have a wider definition of

middle income than $95,000 per household.

Ms. Ce Ce Gerlach stated that this is not hers. This is from the National

Housing Coalition.

Mr. Charlie Schmehl stated that the popular definition is much broader than

that.

Ms. Ce Ce Gerlach asked about the public access and the open space.

The reason why she asked the questions and looked downtown and the

development thus far there is not public access. The dog parks are for the

residents. The recreational facilities that the buildings have are for

residents. She stated that is where her concern is. Her concern is they will

have isolated communities like they do downtown.

Mr. Charlie Schmehl stated that there is potential for the city to own the

open space. That is a matter of public discussion. The city has to decide if

they want it or not. Some of the open space could be dedicated to the city

as parkland particularly some of the land particularly some of the land along

the river with pubic trails.

Mr. Santo Napoli stated that they had a resident this evening that was

concerned about extra services needed. He asked if there were any

studies on the fiscal impact of what this project will bring to help the

eastside resident know how those costs will be offset.

Representative from City Center stated upon buildout of the entire site, they

are estimating there will be annually $9.3 million generated in tax revenue

between city, county and school district.

Mr. Daryl Hendricks asked if there is anyone else on Council.

Ms. Candida Affa addressed Tino Babayan about public safety. She

agrees with him and stated this before, the city is growing in leaps and

bounds. There is the Waterfront and North Ridge. She stated that the city

needs a larger and bigger police force. The fact that there will be a lot of

tax revenue coming from there, it is going to help to pay to get more police

which will be an advantage. According to the Chief, this time around they

had more applicants then they had in the last several years. It is an uptick

for the police department that there are men and women out there that want

to serve. She believes with the projects and the growing city with the tax

revenue, it's going to shore up the police department.

Mayor Matt Tuerk stated to Ms. Affa that if he could respond slightly to that

is one thing that is attractive to recruiting new police officers is a supportive

city environment and the support of City Council as well. The actions that

City Council takes certainly has an impact on their ability to recruit new

officers. They certainly with additional tax revenue created by the

development on the site and with the growing attractiveness with the city of

Allentown, they will be able to meet the public safety needs and address

the traffic concerns that arises as a result of additional development on the

eastside. This is part of the development process. The additional

development prevents them to make investments in our city that allows us

to be safer, cleaner and healthier for all of our residents.

Mr. Daryl Hendricks asked if there was anybody else on the dais or any

comments from the public.

Pastor Dan Blount, Co - Pastor of Ripple, stated that he saw the question

and asked about the low income housing and you can't do anything for

them which one of the families, the Butz', Jaindl's, and Mr. Riley who is

going to help the poor. Who is going to help those people? Who is going

to cry for those people because those people need help? When you look

around, there are so many people that need help. Look around at the

homeless. You can build something for them, if it is nothing but those little

houses that they have out west. He stated to do something for the

homeless. Do something for the people that are less fortunate for those

who have. It is time that they just help everybody. If the rich was to look out

for the poor, it would wipe out poverty. The reality is nobody cares. They

care about money. That is not fair to the people that keeps feeding you

their money. look out for some poor folks one time and see how God bless

you. You are blessed already, but nevertheless.

Ms. Barbara Redmond, NAACP - Allentown, stated the Hanover Avenue

Mental Hospital was there to help people. That was to help people so why

can't you do something to help the people. Use that facility to help people.

That facility was to help the mentally ill people and was a facility to support

people in need. Why don't you take that facility and help people in need.

You taking from the poor again, and giving to the rich and she just doesn't

understand that.

Ms. Phoebe Harris, 1817 17th Street and School Board Member, stated

that she is trying to figure out this, they are saying some of the taxes will go

towards our school district. ANIZDA said the same thing. They were

supposed to get $5 million and they devalued the properties there. They

don't even get a million dollars. She saw the original contract from Mayor

Pawlowski that they were supposed to get $5 million from ANIZDA Zone.

To her, this is another bait and switch. How do they know they will get the

money to the School District? She stated that she does not because that

was promised before and that is not what they are getting again. They are

100 percent free lunch deemed by the federal government. How are you

telling them they are building these houses for those who are rich and not

even the middle class are getting those homes. She stated that they have

to do better. She asked them to look at this completely. Look at the

numbers. The numbers are not adding up. What he said did not add up.

She asked them to completely research this and do right by the people

here.

Mr. Pas Simpson, 215 N. Ninth Street, stated that his issue again is that

they are widening the gap. He stated that 52 percent of the students are

below the poverty line. He stated that they are not addressing the needs.

Poverty is violence. If they continue to ignore what is going on, it doesn't

matter how many police you have. He stated that if he is hungry, homeless

and have nowhere to go jail is a great place to be. Especially in the winter

time. It is warm there. They will get three hots and a cot. He stated that

they are not creating a safer environment if they keep increasing the

poverty rate. If they keep extending the gap. He stated that they talk about

these tax increases. He stated that half of them voted for a tax increase

when they heard that there are things that are not being paid for and they

have so many people struggling. As they build these new developments,

as they do what they do. He stated that they can't keep neglecting the

people that are here. Those people sooner or later can't leave. So what

are they going to do? he stated that he said it before when he was

homeless or hungry, he would rob them in front of the police. You could not

stop him. His babies had needs. His fear would not be what they would

think it would be. His fear would be looking into his daughter's eyes and

saying that he can't provide a meal today. Looking in his daughter's eyes

and saying they are not going to be warm again today. He stated that he

does not know if they ever were in that position. He knows what it is like

even as a business owner to see the bills not come in. There has been

times that he has paid his staff and slept outside because he felt for his

community that well. He stated that they can't keep extending the gap.

They can't keep tripping over their own feet. They can't keep increasing the

violence and going, well we are going to get more police. That is going to

over burden them and they still haven't gotten the support that they need.

As we make decision, let's make the decisions for the people that are

currently living here and the burdens that they face on a daily basis.

Mr. Eddie Aviles - Eddie Cares, stated that he currently has a camp that he

calls a Cares Camp. There are 22 people in his camp that he caters to

everyday, living in tents. He provides blankets, food, you name it. That is

his camp. There are six others across the city. That is not included with the

people living in their cars. He has about sixteen families. He is up to 16

now. Four of them have four kids in each car. The local hotels are getting

rich off our homeless. The hotels are full off of homeless people. This

gentleman is saying that he wants to build a building and they don't have

enough money to give him a small building like this. He stated that he has

a plan to curb homelessness in the city of Allentown and to end hunger. It is

$5.5 million for the building and he needs another $10 million to make it

happen. He stated with $16 million he could do it. Not by himself, but with

every nonprofit that is doing the work. They been doing this out here. If

these people can't do for us, why we can't do for them. These people are

living in cars. He would love to take these gentlemen down to his camp.

He hopes none of them touch his camp. He stated that he would die for

that camp. He stated that before they find a solution, don't touch it. These

gentlemen need to do for us before they do for them. Right now, this

gentleman is doing for him.

Mr. Art Armstrong, 1516 W. Turner Street, reminded Council that this

project was foisted on the people of Allentown when the state sold the

property to a single developer for a pittance. Council should insist that they

be able to direct the future of the city, not Harrisburg and not a single

developer. Council should send a clear message and refuse to rezone this

property and pursue organic development options instead.

Ms. Megan Schaeffer, stated that she is speaking again. She stated Ce

Ce you brought up some great points that she would like to touch upon,

stating that Ms. Gerlach mentioned about the public meetings of the

Planning Commission would be the only other time that you are able to

speak. Is there a certain website or communication that she is not aware

of that this stuff is posted or a Notice besides The Morning Call newspaper

that had this meeting in. She asked if there is anything scheduled Public

Hearing wise.

Ms. Ce Ce Gerlach stated that the city should answer that, but to her

knowledge The Planning Commission meetings are on the city's website.

You would go there. In terms of if Mr. Riley were to graciously have more

public meetings that would be on him to communicate that with the

residents.

Ms. Megan Schaeffer stated that for instance if you are talking about the

Eastside Youth Center meeting. She had no knowledge of that and that is

right down the road from her. She did not know if it was on a Facebook

Page or some kind of communication or something else out there.

Mr. Daryl Hendricks stated that it was advertised in The Morning Call.

Ms. Megan Schaeffer stated that she is sorry. She does not get The

Morning Call.

Ms. Ce Ce Gerlach stated that she gets her.

Ms. Candida Affa asked if they sent something out at the last meeting.

Mayor Matt Tuerk stated that the Planning Commission meets every

second Tuesday of every month at 12:15 PM.

Ms. Ce Ce Gerlach stated that there is a lot of cross talk.

Ms. Candida Affa asked Mr. Hanlon how many flyers were sent out.

Mr. Michael Hanlon stated probably 250.

Ms. Candida Affa stated 250 were mailed out for meetings here on this

subject.

Ms. Schaeffer stated that she received the first one and the meeting was in

September. She received no further communication since. She stated

that she would like to stay in the loop and was wondering if she was

missing something as far as communications.

Mr. Daryl Hendricks asked if there was anybody else from the public.

4 - Candida Affa, Cynthia Mota, Daryl Hendricks, and Santo Napoli

Yes:

No:

3 - Ed Zucal, Ce-Ce Gerlach, and Natalie Santos

Enactment No: 15957

CONSENT AGENDA

Mr. Daryl Hendricks asked if his colleagues had any comments or

questions on any of the items or any comments from the public.

7 -

Yes:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Ce-Ce Gerlach, Natalie

Santos, and Santo Napoli

15-6462

R206

Certificate of Appropriateness for work in the Historic Districts:

•

201 N. 10th St.

531 W. Allen St.

1143 W. Linden St.

•

1529 W. Turner St.

1539-51 W. Chew St.

Attachments: R206 HARB Resolution

1539-51 W Chew Street Final Review

201 N 10th Street Final Review

531 W Allen Street Final Review

1143 W Linden Street Final Review

1529 W Turner St Final Review

Enactment No: 30754

15-6488

R207

Authorizes Disposition of Certain Records

Administration

Sponsors:

Attachments: R207 - Records Retention Health 2023

2022-2023 Health Bureau Files for Destruction

Enactment No: 30755

15-6440

R208

Sewage Planning Module at Parikh Allentown Restaurant

Attachments: R208 Parikh Allentown Restaurant - Sewage Planning Module

701 N 19th Street Sewage Planning Module

Enactment No: 30756

RESOLUTIONS FOR FINAL PASSAGE (To be Voted On):

15-6433

R202

Denial of a Certificate of Appropriateness – 213 N. 11th Street

Administration

Sponsors:

Attachments: R202 HARB Resolution to DENY - 213 N. 11th St

213 N 11th Street Final Review

Ms. Cynthia Mota stated that it was denied due to the lack of

communication between the homeowner and the city. He also did not show

up for tonight's meeting.

Mr. Daryl Hendricks asked if there were any comments or questions from

his colleagues or any comments from the public.

7 -

Yes:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Ce-Ce Gerlach, Natalie

Santos, and Santo Napoli

Enactment No: 30757

15-6486

R209

Police Officer Appointments

Administration

Sponsors:

Attachments: R209 - Hiring Patrolmen

Chief Charles Roca stated that before them tonight, he has four officers

that he is going to put forth. The first is Erick Reyes, 25 years old of

Allentown, PA. He graduated from William Allen High School and took

classes in Criminal Justice at Northampton County Community College and

East Stroudsburg University. He is fluent in Spanish and will be attending

the Allentown Police Academy in January 2024. Joshua Cabrera is 21

years old of Oak Ridge, NJ. He graduated from Jefferson Township High

School and received his Associate's Degree in Criminal Justice from the

Community College of Morris. Joshua will be attending the Allentown

Police Academy in January 2024. Brendan Velez is a 22 year old of Lower

Macungie Township, PA. He graduated from Emmaus High School and

obtained his Associate's Degree in Criminal Justice from LCCC and

currently working towards obtaining his Bachelor's Degree in Criminal

Justice from Kutztown University. Brendan is fluent in Spanish and will be

attending the Allentown Police Academy in January 2024 and finally Justin

Rosso is a 23 year old resident of Orefield, PA. He graduated from the

Metropolitan Expeditionary Learning School in Queens, New York. He is a

veteran of the United States Marine Corp and he will be attending the

Academy in January 2024. He stated that this bring them closer to the

complement. They are going to have at least eight officer retire all

together. They about five right now. It bring them to the full complement.

They are working towards that number. He stated that he will take any

questions if anybody has them.

Mr. Daryl Hendricks asked if there were any questions or comments from

his colleagues or comments from the public.

6 -

Yes:

No:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Natalie Santos, and Santo

Napoli

1 - Ce-Ce Gerlach

Enactment No: 30758

15-6487

R210

Authorizes the submission of the formal application for funding from the

Local Share Account (LSA) grant in the amount of up to Three Hundred

Thousand Six Hundred Thirty-Six dollars ($300,636.00) with no match

required.

Attachments: R210 - Public Works LSA Grant Application

Mayor Matt Tuerk stated that in the previous two meetings, part of the local

share account application process needs a Resolution from City Council

authorizing them to make applications. A couple of years ago, they

received about $750,000 for the purchase of a fire truck. In this case they

are going to be asking the state for assistance for the purchase of a fire

truck.

Mr. Daryl Hendricks thanked Mayor Tuerk. He asked if there were any

questions or comments from his colleagues. The state LSA would have to

decide between having a fixture of money that they allocate across all of the

67 counties in the state.

Ms. Ce Ce Gerlach stated that if they will indulge her question will also be

pertinent to R211 and R212. Just in general, how is it decided what the

money is spent on. In this case, it is a bucket truck and then later.

Mayor Matt Tuerk stated that these are applications that are made. In case

of the bucket truck, they are applying for support directly as the city of

Allentown. In the case of R211, that is the Baum School is making

application to the state local share account. In the case of R212 with the

Allentown City School District making application to the same body for

support of community outreach related to the development of athletic

facilities Andre Reed Park. Broadly speaking, the decision and what they

decide to apply for is what the department or nonprofit organization needs

support with. It ultimately comes down to the state. They end up competing

with each other. Whatever department is willing to put together a grant

application for support of their activity, they will do that.

Ms. Ce Ce Gerlach stated that she better understands, not fully but better

understands.

Mayor Matt Tuerk stated local legislators or local representatives probably

can help. There are two different types of LSA money and a local share

account which is related to gaming funds which is smaller dollars. They

recently received support from the Pound for Pound Boxing Gym. Under

that program which is about $50,000. This is the LSA statewide. There is

a group of legislators on the state level that will support applications. They

can count on the local legislators supporting these applications to that

board. They will typically support all of the Allentown applications.

Statewide, he does not know the total amount of the awarded is, but they

always fight to get as much as possible awarded to the applications in the

city of Allentown.

Ms. Ce Ce Gerlach thanked Mayor Tuerk.

Mr. Daryl Hendricks asked if there were any others on the dais or

comments from the public.

7 -

Yes:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Ce-Ce Gerlach, Natalie

Santos, and Santo Napoli

Enactment No: 30759

15-6496

R211

Approves the submission of the formal application for the local share

account grant on behalf of The Baum School of Art to support upgrades

including modernizing the facility, increasing capacity, integrating

technology, and adding dedicated spaces for specialized artistic

disciplines.

Administration

Sponsors:

Attachments: R211 - Baum School Local Share Grant Application

Mr. Daryl Hendricks asked if there were any questions or comments from

his colleagues or comments from the public.

7 -

Yes:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Ce-Ce Gerlach, Natalie

Santos, and Santo Napoli

Enactment No: 30760

15-6495

R212

Approves the submission of the formal application for the local share

account grant on behalf of Allentown School District to support the hiring of

a consultant to lead a public engagement process and develop Master

Plans for the City and School District owned parcels.

Attachments: R212 - ASD Local Share Grant Application

Mr. Daryl Hendricks thanked Mr. Hanlon and asked if there are any

comments or questions from his colleagues.

Ms. Ce Ce Gerlach stated that this is for Andre Reed park then.

Mayor Matt Tuerk stated yes, exactly.

Ms. Ce Ce Gerlach asked no other parcels, just Andre Reed.

Mayor Matt Tuerk stated that it is for development of athletic facilities

around Dieruff High School. His preference is that the city talk to the

community and assess the feasibility of development of not just the Andre

Reed Park site, but potentially the former football fields site that is presently

owned by the School District. This is an application that was assisted by

Senator Nick Miller's office in response to Council's concerns and his

concerns about addressing the needs of residents around the Andre Reed

Park area.

Ms. Ce Ce Gerlach stated ok. Thank you.

Mr. Daryl Hendricks asked if there was anybody else on the dais or

comments from the public.

Ms. Phoebe Harris, Allentown School Board, asked what football field is

the mayor talking about.

Mayor Matt Tuerk stated the field on Tilghman Street. The former practice

field.

Ms. Phoebe Harris stated the practice field, you want to develop that. She

asked if Mayor Tuerk knew that was an old dump. It is not solid. It is

nothing but problems. You cannot level that out.

Mayor Matt Tuerk stated that the city is going to talk to the community. This

is funding.

Ms. Phoebe Harris stated that she understands that and they will get their

Report because the School District did a Report on that.

Mayor Matt Tuerk stated that Report was conducted and prepared without

really any input from people who live in the area around Andre Reed Park.

They should go further to discuss community feedback.

Ms. Phoebe Harris stated that they will get the Report to know what exactly

is underneath that field that is not practical to use. She stated that she is

looking forward to that.

Mayor Matt Tuerk stated as are we.

Mr. Michael Hanlon stated that R213 was removed.

7 -

Yes:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Ce-Ce Gerlach, Natalie

Santos, and Santo Napoli

Enactment No: 30761

15-6489

R214

No Confidence Vote in Mayor’s Leadership

Mr. Zucal and Gerlach

Sponsors:

Attachments: R214 No Confidence

Mr. Daryl Hendricks thanked Mr. Hanlon and asked if there were comments

from his colleagues.

Mr. Ed Zucal thanked Mr. Hendricks and stated that obviously he is the only

person that wants to show some leadership because if you are here to see

if it is going to be seven votes or five votes ask for your refund because it is

not going to exist. In the 60s, a group called Peter, Paul and Mary wrote a

song about blowing in the wind and one of the verses were how many times

does a person turn their head and pretend that they don't see. Well, that

has been what has been happening here for the last two years. He stated

that when Mayor Tuerk took office they had five good Department

Directors. Since that time, every one of them have left this city. Some you

have gotten rid of and some who left on their own because they have stated

that they can't no longer work for you. In addition to that, five Deputy

Directors and/or supervisors have left this city for the same reasons. It was

said to him by a gentleman that had almost 30 years of experience here

that he left before his employment future was ruined because he received

information from a fellow employee that you were going to use his current

supervisor or Department Director to have him terminated. A second

individual told him that he left here. He stated a very good individual by the

way. He stated that Mayor Tuerk asked him to do some things that he felt

that were against his integrity and if did not leave, you probably would have

fired him. He stated that as you know about 10 days ago an article

appeared on Lehigh Valley News about the mayor firing one of the

individuals in the HR office. Well, let's be factual because there were three

fired. This individual was an employee in the HR department and part of

your job when you are in the HR department is to filter complaints. Part of

that individuals job was to filter complaints. People came to her with issues

whether it was workplace harassment, racism, discrimination or whatever.

She took upon herself to do her job and as a result she ended up with a

target on her back. As a result she eventually lost her job. As you know

sometime this past summer the city hired an HR Director and did an

outside study to get him. The city spent about $30,000. A short time after

he was here, he was terminated. if you recall on the very first night that he

spoke to the press, he stated that he was terminated because he refused

(he is not going to name names because he does not want to play that

game). He stated that he was terminated because he refused to fire that

employee which is the same employee that was terminated. That

employee also filed an EEOC Complaint. If you know anything about

EEOC Complaints, one of the first things that you cannot do is to harass,

intimidate, or terminate without just cause. He stated to the Mayor that is

why I called you out as far as this being retaliatory. When you file an

EEOC Complaint, they receive the complaint. They look at it and evaluate

it, they notify you within 10 days whether or not if it is justification about the

complaint and they also notifies the employer. She was notified the

Thursday before Thanksgiving and now he had an opportunity of how many

months to terminate her. She was fired on Monday. If that does not show

retaliation, he does not know what does. He stated to Mayor Tuerk that is

why he called him out. He stated that the Mayor sent him a text on

Thanksgiving thanking him for caring and having compassion for the

citizens. He thanked the Mayor and stated that he does and will continue.

The Budget, and stated to the Mayor that last year you sat here and said

you were a guru. Well, how can you be a guru when you come before

Council for a 6.9 percent Budget increase and 23 new positions. You

stated that he cannot personal explain that. He stated that he knows he

tried and then when that failed you came back at us asking for a two

percent raise. Council said that they were not going to do that. The

majority of Council voted against that. He stated then he started with

threats. Why the treats? He stated that they can work things out if they talk

they can work things out. There is no communication. He asked his

colleagues what's the magic number for people to leave, Department

Directors or whatever. People to leave, people to be terminated, people to

want to leave on there own. What is the magic number because if it is a

magic number then they probably should not be here. They should wait until

they reach that number. He could only say two things about this. Either you

believe what people will say tonight and what he says and vote yes or you

can say none of this is true and vote no and they continue to turn their

heads.

Mr. Daryl Hendricks asked if there is anybody else at the dais who wishes

to speak.

Mr. Santo Napoli stated that he has been here for a year and been doing a

lot of watching and learning and notice that it is a lot of lack of cooperation

between Council and the administration. He can't speak for the

administration, but there is blame on their side and they need to do a better

job of communicating. There will be disagreements. That is the way it

goes. They can agree to disagree, but they have to be professional. They

have to work together because at the end of the day, they are serving

residents. What is happening here tonight, he is very disappointed

because it is taking our eyes off the ball when it comes to serving our

residents. That is really what we are here for. What they spent their time

here. He stated that he does not spend a lot of time here in the building.

Maybe three hours a week average, but it is mentally draining what is

happening. He stated that if that is happening to him three hours a week

because of what is happening in this situation he can't imagine what it is

doing to the employees. The folks that spend 40, 45 or 50 hours a week

serving our residents day in and day out. It is grueling. He stated that he

does feel for the complaints. Those complaints were heard. Council

authorized an investigation based on those complaints they heard them. It

was seven to zero. He is anxious of this investigation to begin and find out

what happened. Based on the conclusion of that investigation, it is the

appropriate time to take action. He does not think that time is now

because they have not heard what really happened. He stated that they

heard the issues and heard from the parties. Again, they heard, but he is

going to tell them that he is not a professional in figuring this out. He stated

that it is not our job duty. Their job duty is to hear the complaints, act on

them and authorize an investigation and let the professionals handle it and

let us know what happens right or wrong. Then Council's job is to take

action and say ok whatever the case will be. He stated that he can't speak

to that because they don't know what it is. They haven't even gotten to that

point. He stated that is his big concern. Listen, in the spring time he

spends a lot of time speaking to residents and knocked on doors in every

neighborhood in the city and he heard many things: lack of affordable

housing (obviously), qualify of life (on the tip of everyone's tongue), but one

of the big ones was don't be like Washington. Residents don't want

dysfunction. They don't want a situation where people can't work together.

If they see it in Washington, nothing gets done. He stated we make fun of

them. He stated that they say how crazy it is. He doesn't want that to

happen here because if this happens here, residents lose. It is that simple.

Residents will lose. That is a shame because they are here to serve

residents and do the best that they can for them. If they gridlock, it will be a

tough two years because they are not going to get anything done. He just

doesn't want it to be where and knows the media likes it, but he does not

want it to turn into a reality show. Reality shows, we watch them and the

dysfunction, drama. It is not something that nothing good comes out of it.

Again, he wants to see more cooperation between Council and the

administration. They are going to butt heads sometimes. Contrary to

popular belief, he butts heads with the administration from time to time. It

is one of the things where they are never going to agree on everything.

They are going to do things on how they feel best. It is tough because they

all have their ideas. They see it all the time. He stated that he is a football

fan and a coach comes to his team and he does things a certain way. He

wants him to do it a different way. He stated that he wants him to run the

ball. He just keeps passing. What are you going to do? He is a coach.

That is the thing that they have to take into consideration. He knows Mr.

Zucal made a point about folks leaving. He stated that he knows for a fact

that what he read after post Covid, a lot of municipalities had this issue. He

is not going to say that is the issue for every employee that left, but a lot of

companies and organizations lost employees post Covid. There was a lot

of movement. He is really happy on who is in place. He stated that the

Department Heads and doing a great job. He stated that he is happy with

who they have right now. He stated that if they listen to him from time to

time he is always advocating for employees. Again, the employees in

question, the two that started this, not started, but created the need for the

investigation, he wants to hear what happened. Because we need to hear

because they were our employees too. When he talks about the 835

employees, they are included. He stated that they need to find out what

happened. Once they do, take the appropriate actions. He stated to him

that is what is fair. They are putting the cart before the horse and they need

to learn more. If anyone of them in this room were sitting in that chair, they

would want the same opportunity. Let things play out and find out what

happened. He stated that is all he is asking. When that time comes and

they have to take action, he is on board. He stated that they need to get

their work done. They have a budget to wrap up. They have a housing

study that is approaching the finish line that they can help the residents.

They have a Community Reinvestment Fund that they need to launch and

implement. If they take their eyes off the ball, these other things don't get

done or don't get done well. He does not want to see that happen. They

have a lot to do. This is a matter that should be addressed at an

appropriate time. Tonight's a little bit too early based on the lack of

knowledge of what they have. He stated that is just his thoughts and

thanked Mr. Hendricks for the extra time.

Mr. Ed Zucal asked if he can respond to Mr. Napoli.

Mr. Daryl Hendricks stated no.

Mr. Ed Zucal asked what do you mean no.

Mr. Daryl Hendricks stated that he will give everyone an opportunity to

speak first.

Ms. Candida Affa stated that she don't know what they hope to accomplish

tonight with this. She stated that they can't do anything about it. Council

can't remove him. They can't remove anybody on Council. They can't fire

anybody. They don't have that power. What are we going to accomplish

here? We are going to accomplish more of a wedge with the mayor.

Things will only get worse. How can we sit up here and vote no confidence

and try to work with a man that is our mayor who most of you voted in. She

stated what they need to do and asked if she could please talk. What she

thinks they need to do as Council and residents is dress him down with all

of the things you can find about the mayor you can. She asked Mr. Zucal

what does he think he is going to accomplish tonight by that. Nothing,

absolutely nothing. Tomorrow, he will still be our mayor. Tomorrow she

would like to be able to call him, go to his office which she has which most

of them and all of them can at any time. She stated that the mayor and she

had a conversation way in the beginning, screaming at each other on the

phone telling him what she wanted from him as a leader. Telling him what

are the things that she expected from him. She stated that he has

disappointed her at times and other times she understood. With this

budget, she has found one thing during this budget hearing. He was the

one that was negotiating. Council wasn't negotiating. No taxes. No taxes.

No taxes. She stated that he cut all the fat as far as he could possibly go.

She stated that he showed her one thing. She stated that she is not saying

everything Mr. Zucal is saying. That is his opinion. She stated that she has

her opinions. She stated that she does not think he did everything right as

a leader, but a vote of no confidence is certainly and Council did it with one

mayor who had 42 indictments against him and he was still voted in as

mayor. She asked what are we going to accomplish here. They are only

going to put a wedge between Council and the mayor and as long as this

man is our mayor she is going to trying to work with him and tell him when

he is wrong and will vote against him when she thinks he is wrong. This is

the way you are supposed to do it. You are not supposed to say, I don't like

him. It is a hatchet job, let's get rid of him. You can't. So there is no

purpose to it this whole thing. Like Mr. Napoli said we have so much to

work with here. So much to work with and they can't take their eye off the

ball and have these distractions over, and over, and over again. She

stated that they have this mayor for two more years. Let's try to work with

him rather than put a wedge and make things even worse on Council for

our city and when Mr. Napoli said you citizens, he is not kidding. Ask him

how much sleep he got last night. Not much. None of them did. This is a

distraction. This is painful and stated shut up to the audience. She stated

that is all she has to say. These people. She stated to an audience

member you are the main one to shut up. She has had it with him.

Audience talking in the background.

Mr. Daryl Hendricks asked if there was anybody else on the dais.

Ms. Ce Ce Gerlach asked Mr. Hanlon or Mr. Solicitor, can someone step

in.

Mr. Daryl Hendricks asked the police to remove an audience member and

stated that he does not come back in tonight. He stated that he does not

agree with this movement either. There is nothing positive in this

Resolution. He stated that he has negotiated with the mayor and he has

been more than fair. He started with a seven percent increase in the

budget. He negotiated with him on behalf of Council, down to two percent.

He removed every position. New position that he has put forth. He has

been more than reasonable in this endeavor. He stated that he does not

agree with everything that the mayor has done and voted against him on

things and will continue to if he does not agree with him. Again, there is

nothing positive to come out of this. People look at this and he is going to

say this to you people. You people who are the citizens of this city. All of

you residents of this city. You voted for some of us and some of us you

didn't. This is your city. This is nothing positive that reflects on our city. He

stated that Council got an email today from a person who is very upset and

they said they moved here from a distance away and they love this city, but

when they see our Council meetings now, and this resolution, they are

thinking about moving. They said this is similar to Washington and some of

our other major cities that have such disruptions. He encouraged his

colleagues to vote no on this, let's move forward and work and engage

with the mayor to do the best they can for the citizens of the city and those

taxpayers.

Mr. Ed Zucal stated two things, maybe Mr. Santo can explain to him why

none of this occurred under the O'Connell administration. Number 2, we

talk about his outside investigation, but yet the administration has done

everything they can to block it or interfere with it. When you say about

cooperation, he does not know what his definition of cooperation is, but it is

definitely not his. As far as the citizens go, you are absolutely right. It is

going to hurt them because you want to know why, there are going to be

lawsuits filed as a result of wrongful terminations and who knows after the

investigation how many more there may be. Yes, you are absolutely right.

It is about the citizens.

Mr. Daryl Hendricks thanked Mr. Zucal and asked if there was anybody

else from the dais.

Ms. Ce Ce Gerlach stated that she does not if anyone slept well last night.

Some of them are on different spectrums on how they are going to vote.

She stated that she has been stressed. Here is the thing, so it never feels

good to have such resolution in front of you, but leadership isn't always

about feeling good. Sometimes there are moments of tension.

Sometimes there are heated moments. it is possible to work with folks of

whom you have publicly stated I don't agree with your leadership. She

stated that she is a testament of that. In 2020, there are folks on this

Council who attempted to censure her and said that they did not want her

on Council. That her leadership lacked and she is now working with one,

pretty extensively. She stated that she can talk to Ms. Affa and they are

cordial with one another. They still work with one another. Even though they

publicly stated they don't want her here. It is proof that you can have very

public and heated disagreements and still work with one another and get

the job done. She stated that she just wanted to point that out and urged

each of them to really think back over the last two years and do a little tally

chart and how many times have there been situations, occurrences that

raised an eyebrow for you. If that happens and you know of things, things

that they can't say publicly right now. She stated that they know of things. If

that is of concern to you. Again, this isn't say Mr. Tuerk you are.... It is

saying that we got concerns about your leadership. Just like they all said to

her. You all said that her actions were a detriment to her service on Council

and yet, she is calling them and texting them and here with them right now.

Just keep that in mind. they might not get invites to Mayor Tuerk's cookout,

but that's ok as long as they can work together and the point is saying yes

to a no confidence vote does not automatically say that we will never work

together because if that were the case, stating you and I Ms. Affa will never

would have had a conversation. Her and Mr. Zucal will never be calling

each other. She stated that she wouldn't even say hi to you, Mr. Hendricks.

Therefore, we can work together. She stated that they are working together

right now.

Mr. Daryl Hendricks thanked Ms. Gerlach. He asked if there was anybody

else on the dais that hasn't had an opportunity to speak.

Mayor Matt Tuerk asked if he could speak briefly Mr. Hendricks. He took

some advice from a friend who recommended that when other folks go low,

he continues to go high. He stated that he is going to stay as high as

possible here. This is a quote from another friend in politics, Michelle

Obama. He stated that he wants to quote another politician, Daniel

Moynihan who said that people are in fact entitled to their owns opinions,

but they are not entitled to their own facts. He stated that a lot of what Mr.

Zucal stated and he will take the opportunity to communicate with him. You

talked about communications and he is glad he knows that you do answer

text messages from Councilperson Gerlach because you certainly don't

answer them from him. He stated to Mr. Zucal that you don't take my phone

calls either. He stated that he will take this opportunity to speak with him

because it seems like the only opportunity that he does have to speak with

you. He goes back to and stated that Mr. Zucal obviously read the text

messages that he sends him because he read the one that he sent on

Thanksgiving. He stated that he does respect the work that Mr. Zucal does,

but respectfully speaking the work that you are doing up here is diminishing

a level of respect for this body and they can see that. You talked about the

O'Connell administration and stated that he is disappointed in some of the

behaviors of some of the citizens of the city of Allentown and the residents

of the city of Allentown who have not permitted elected officials, that

probably everybody here voted for to have their opportunity to speak.

These types of activities they lower the integrity of the entire body of City

Council. What you are doing is and stated that he got thick skin and they

can say that they have no confidence in him, but it does not bother him at

all. The half truths that you continue to espouse are disappointing. He

stated that he thinks people look at them and believe that they speak the

truth, but he thinks that they have not done all their research sir, respectfully

speaking. It is a two way street and respect the work that they do and

continues to respect them as an elected legislator and asked in return you

do respect him as the mayor. He stated that he believes that Ms. Gerlach

said that she is the author of the resolution. He believes he read that in the

morning in one of the newspapers. You are the author. There is no respect

to the administration. That is disappointing and he is going to continue to

offer respect to them in hopes of continuing to earn, he believes earn their

respect so he can earn the respect of many of the other City Council

people who do engage in productive dialogue with him and the

administration. He asked them to reconsider their positions and return to

communication because that is the only way they will get there together.

That is the only way they are going to serve the residents of this city. He

asked them to put this aside, return to communication and let's get back to

business. He wanted to clarify a little bit on what Mr. Napoli spoke to.

When he says that this is a distraction, this could be damaging to morale

for our city employees. It is not because this is a mess. You guys right now,

the City Council people when you engage in this type of stuff, this is not

legislating. This is not the work of a City Councilperson. The work of a City

Councilperson is to serve the needs of the residents. That is what they

elected you to do. That is what he asked them to do. He asked them to

collaborate with him and his administration to meet the needs of the

residents. That is the work that we want to get back to. if you can put this

type of stuff aside and just focus on the work, they all will be in great shape.

He thanked Council for the opportunity to speak to them. He stated that

they got his number and is always happy to talk to them. He stated that he

looks forward to it.

Ms. Genesis Ortega, Communications Manager, stated Council President

if you may, the administration would like to provide a prepared statement

regarding the recent firings. She started by saying that this is not typical,

but there has been a lot of public discourse and reporting in the media.

She stated that they would like to share the following statement. In April

2022, the Solicitor's office retain outside independent Counsel to

investigate multiple complaints involving employees within the city's Human

Resources Department. Due to the nature of the complaints involving

individuals in that office and to ensure an impartial investigation, it was

essential to involve external Counsel as Human Resources could not

conduct the investigation internally, obviously. The 18 - month long

investigation involved interviews with 25 city employees. Following the

conclusion of this investigation, a Report was generated, recommending

the termination of three employees in the Human Resources Department.

Mayor Tuerk met with the outside Counsel from Bingaman and Hess who

conducted the investigation and MacMain Leinhauser who represents the

city. After careful consideration, the Mayor decided to follow the

recommendations put forth by the investigation and terminate the

employment of the three individuals. As of the case in all Human Resource

related matters across industries and municipalities and even in the

corporate world, they cannot provide details of specific findings of the

investigations. The interviews, findings and conclusions are confidential.

Employment matters that cannot be disclosed. Thank you.

Ms. Ce Ce Gerlach stated that she has a question. Now that is public, she

has a couple of questions. She asked when did the investigation conclude.

Ms. Genesis Ortega stated November 2023.

Ms. Ce Ce Gerlach asked what date.

Ms. Genesis Ortega stated that they can get further information. She has

no further comment.

Mayor Matt Tuerk stated that his letter is November 2, 2023 when they

were presented with findings.

Ms. Ce Ce Gerlach stated November 2, the outside investigator presented

you, Matt Tuerk with the findings. In the memo you referenced, it stated that

the mayor recently had a conversation with the investigator. When did that

conversation happen? What is recently? She asked because everything

else is dated with months and years and everything. That just says recently.

Mayor Matt Tuerk stated that they are not going to answer that question.

Ms. Ce Ce Gerlach asked how much was paid to the outside investigator,

not the McMahon who handles the EEOC, but the outside investigator that

investigated HRC.

Mayor Matt Tuerk stated that he does not have the information immediately

available.

Ms. Ce Ce Gerlach asked does anyone.

Ms. Genesis Ortega stated that they don't have that information right now.

Ms. Ce Ce Gerlach stated that they were led to believe during an Executive

Session and publicly she said it so she might as well say it here that an

outside investigator will not be able to access confidential information. She

asked if this investigator have access to confidential information.

Ms. Genesis Ortega stated that she cannot answer Ms. Gerlach's question

right now.

Ms. Ce Ce Gerlach stated with everything going on, why is Council just now

learning that there was an investigation for over a year. When the previous

HR Director was terminated and that was public and there was an

Executive Session about that. Why wasn't it told to Council that there was

an investigation.

Mayor Matt Tuerk stated as they detailed they are personnel matters. They

are not going to comment on them.

Ms. Ce Ce Gerlach stated that the document states that "a number of other

changes to the HR office were recommended". If these "other changes are

not of a personnel matter, can Council have a copy of the recommendation.

Mayor Matt Tuerk stated that he is going to put that in the hands of the

future HR Director.

Ms. Ce Ce Gerlach stated so there are matters that were not personnel

related. They were maybe procedural or something they can get.

Mayor Matt Tuerk stated that it is for the future HR Director.

Ms. Ce Ce Gerlach asked if they can see the contract that was given to this

outside investigator.

Mayor Matt Tuerk stated that he can't answer that right now, but can defer it

to their Legal Counsel and the Solicitor.

Ms. Ce Ce Gerlach thanked Mayor Tuerk for his time.

Mr. Daryl Hendricks stated that he will now open it up to the public for

comments.

Ms. Phoebe Harris, Allentown School Board, stated on School Board, they

only have one employee and that is the Superintendent. As City Council

isn't the Mayor your employee? No, ok. Because you are elected by the

people, who don't you have access to the things you just asked for. You are

elected by the people. You are elected to let us know what is going on.

She stated to Ms. Affa, her telling someone to shut up is wrong. That was

wrong. That hurt us. That is the comment.

Ms. Candida Affa stated that they would not let her speak.

Mr. Daryl Hendricks stated don't. Don't engage.

Ms. Phoebe Harris stated that she is not coming to degrade or

dehumanize anyone. She is asking City Council what the rules are. So

now she knows that he is not their employee however she listened to Mr.

Santo and you pointed out that you feel that you are here to represent the

people. All of you are here to represent the people. The people are not

having confidence in this Mayor. She stated that they know it does not do

anything, however, it let's the mayor know he needs to do better. That is

what a vote of no confidence means. It means that you need to do better by

our people. By what we need in Allentown. Stop being obtuse and

understand and work towards making this a better city. That is the vote of

no confidence means. It needs to tell him, do better. That is how she sees

it as an elected official. She stated that is what she would do to make the

mayor see we have to do better. Transparency. Transparency is really

important. The fact that he did not answer those questions she got a

problem with it. That means he is hiding something to them. That is what

everybody thinks in here. He is hiding something. She asked Council to

do a vote of no confidence to let him know he needs to do better.

Ms. Barbara Redmond, Allentown NAACP, stated that the reason why she

is here is because Karen was granted the Right to Sue by the EEOC while

she was out with her father's death and the mayor was aware of it and of

the decision that the EEOC has made to give her the Right to Sue. When

she returned to work on that Monday, the mayor had handled the situation

with no courtesy, he had no compassion or dignity for her when she

returned. The decision that was made to terminate her was during a fiscal

year. The city cannot afford to have money paid out because of this issue.

She stated that they feel as though the mayor was unprofessional. What he

did to Karen was unfounded and unjust. She stated that they want to know

why he would do something like this at this time. The lawsuit that Ms.

Ocasio is a burden on the city of Allentown and she wants to remind

everyone that the two people that were involved in this are people of color.

The people of color have the biggest complaints in the city of Allentown.

She stated that they have people of color with Master's Degrees in the city

of Allentown who are led by people with a high school diploma. She asked

why is it so irresponsible on the mayor's part. Why is he acting like a

kindergarten kid instead of being responsible. The city of Allentown loves

the people, not him. He works for the people in the city. He is just as bias

and unfair in his decision. He dismisses people on his personal

preference and not on how they perform or how they conduct. The city of

Allentown deserves a better leader.

No Name Given (Male) stated that the mayor said that they disappointed

him. Well, the feeling is mutual. In time, he hopes that an investigation will

bring to light the full truth of what has happened in the last two years. In the

meantime, what do we know? We know that the mayor's office has

steadfastly refused to answer even basic questions about why city

employees, the people's employees were removed from their posts. The

total lack of transparency is dragging us back to the not so distance past

and casting appall over the city. City residents and this City Council are

entitled to basic answers to basic questions about the people who salaries

are paid by taxpayers and we should no need a no confidence motion to

get it. He stated one last point, the top priority of this Council is not to avoid

drama. It is to do oversight. This Council can't do its job so long as city hall

continues to be a black hole of information. Work with him, talk with him,

but above all hold him accountable.

Mr. Douglas Bennett stated that he was born and bread here and he ended

up going to Massachusetts just after college. He stated that the city of

Allentown and the City Council here and the mayor act actually like a team

and work very well compared to a lot of other City Council's and town

Council's out there. He stated that he can given them some really good

examples. He was living up in Boston going to Law School and just this

year, the had a City Councilor named Kendra Lara and she was speeding

in an unregistered car, unlicensed, and she drove into a house. He stated

that he got elected up in Massachusetts as a county commissioner. If you

think it is bad here, arrival on the Council with him got into a

4 - Cynthia Mota, Ed Zucal, Ce-Ce Gerlach, and Natalie Santos

3 - Candida Affa, Daryl Hendricks, and Santo Napoli

Enactment No: 30762

Yes:

No:

ORDINANCES FOR INTRODUCTION (To be referred to Committee with public

comment prior to referral)

15-6469

Bill 104

Providing for the vacation of South Sixth Street from the centerline of

Mason Street to the centerline of Dixon Street in the Nineteenth Ward of the

City of Allentown:

Administration

Sponsors:

Attachments: Bill 104 South Sixth Street from the centerline of Mason Street

S 6TH Street Vaction Staff Report

Staff Report PW Report on Portion of South 6th Street from Mason

Street to Dixon Street

Planning Staff Report - South 6th Street from Mason Street to Dixon

Street - Approved

Staff Report S 6th Street from Mason Street to Dixon Street -

Vacation Report

Ordinance #15965

REFERRED TO THE PUBLIC WORKS COMMITTEE

Mr. Daryl Hendricks asked if there were any comments on Bill 104.

Enactment No: 15965

15-6478

Bill 105

Amending the 2023 Capital Fund Budget to provide for a transfer of Twenty

Thousand Four Hundred and Ninety-Two Dollars and Twenty-One Cents

($20,492.21) from Valania Park Capital Project into the Cedar Creek

Bridges Capital Project for the repairs of the remaining Cedar Creek

Bridges to be completed. These funds would be placed in the Cedar Creek

Bridges capital project.

Attachments: Bill 105 Cedar Bridges Transfer

Ordinance #15966

Mr. Daryl Hendricks asked if there were any comments from the public.

REFERRED TO THE PARKS AND RECREATION COMMITTEE

Ms. Ce Ce Gerlach stated yes, and she believes that meeting is December

12th.

Enactment No: 15966

15-6479

Bill 106

Amending the 2023 Capital Fund Budget to provide for a transfer of

Forty-Nine ($0.49) Cents from City Wide Park & Playground capital project

into the WPA Structures Capital to use for repairs of WPA Structures.

Administration

Sponsors:

Attachments: Bill 106 City Wide to WPA

Ordinance #15967

Mr. Daryl Hendricks asked if there were any comments from the public.

REFERRED TO THE PARKS AND RECREATION COMMITTEE

Enactment No: 15967

15-6480

Bill 107

Amending the 2023 Capital Fund Budget to provide for an appropriation of

Four Thousand Two Hundred and Fifty Dollars ($4,250.00) from the Trexler

operating budget to the D&L Trail capital account to assist in design and

construction of the D&L Trail Allentown Segment.

Attachments: Bill 107 D&L Trail Allocation

Ordinance #15968

Mr. Daryl Hendricks asked if there were any comments from the public.

REFERRED TO THE PARKS AND RECREATION COMMITTEE

Enactment No: 15968

15-6481

Bill 108

Amending the 2023 Capital Fund Budget to provide for a supplemental

appropriation of Six Hundred Fourteen Thousand Four Hundred and

Seventeen ($614,417.00) Dollars from the Delaware Lehigh National

Heritage Corridor (DLHNC) to support design and construction of the D&L

Trail – Allentown Segment as per the agreed Memorandum of

Understanding.

Attachments: Bill 108 D&L Trail DLNHC

Ordinance #15969

Mr. Daryl Hendricks asked if there were any comments from the public.

REFERRED TO THE PARKS AND RECREATION COMMITTEE

Enactment No: 15969

15-6482

Bill 109

Amending the 2023 General Fund Budget to provide for a supplemental

appropriation of Two Thousand ($2,000.00) Dollars from Keep PA

Beautiful in their efforts to support a volunteer event by Giant/Martin Food

Stores for supplies to conduct the volunteer event.

Administration

Sponsors:

Attachments: Bill 109 Keep PA Beautiful Grant Appropriation

Ordinance #15970

Mr. Daryl Hendricks asked if there were any comments from the public.

REFERRED TO THE PARKS AND RECREATION COMMITTEE

Enactment No: 15970

15-6483

Bill 110

Amending the 2023 General Fund Budget to provide for a supplemental

appropriation of Thirty-Seven Thousand Seven Hundred and Eighty-Three

Dollars ($ 37,783.00) from the Commonwealth of Pennsylvania,

Department of Community and Economic Development Local Share

Account grant for the purchase of a vehicle for Lehigh Valley P4P Boxing.

Administration

Sponsors:

Attachments: Bill 110 P4P Appropriation

Ordinance #15971

Mr. Daryl Hendricks asked if there were any comments from the public.

REFERRED TO THE COMMUNITY AND ECONOMIC DEVELOPMENT

COMMITTEE

Enactment No: 15971

15-6484

Bill 111

Amending the 2023 General Fund Budget to provide for a supplemental

appropriation of Fifty-One Thousand Six Hundred and Eighty-Eight Dollars

and Eighty Cents ($51,688.80) from PPL for the completion of Phase 2, 3,

and 4 of the LED street light conversion.

Administration

Sponsors:

Attachments: Bill 111 PPL Street Light Rebate

Ordinance #15972

Mr. Daryl Hendricks asked if there were any comments from the public.

REFERRED TO THE PUBLIC WORKS COMMITTEE

Enactment No: 15972

15-6485

Bill 112

Amending the 2023 General Fund Budget to provide for a supplemental

appropriation of One Million Five Hundred Seventy-Four Thousand Eight

Hundred and Fifty-Eight Dollars and Fifty-One Cents ($1,574,858.51) from

UGI for the purpose of constructing ADA handicap ramps and for the

milling and paving of streets under the City’s Utility Paving Program.

Administration

Sponsors:

Attachments: Bill 112 UGI Cost Sharing Program

Ordinance #15973

Mr. Daryl Hendricks asked if there were any comments from the public.

REFERRED TO THE PUBLIC WORKS COMMITTEE

Enactment No: 15973

15-6499

Bill 113

Repealing Ordinance 15938 passed on August 16, 2023 by administering

the grant through the Bureau of Building Standards and Safety and creating

proper accounts as required under the grant and The legislation amended

the 2023 General Fund Budget to provide for a supplemental appropriation

of Two-Million-Dollars ($2,000,000.00) grant funding from the U.S.

Department of Housing and Urban Development to address housing

related hazards including radon remediation, asbestos abatement, and

electrical and plumbing repairs.

Administration

Sponsors:

Attachments: Bill 113 Account Grant Changes

Ordinance #15974

Mr. Daryl Hendricks asked if there were any comments from the public.

REFERRED TO THE COMMUNITY AND ECONOMIC DEVELOPMENT

COMMITTEE

Enactment No: 15974

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