435 Hamilton Street

Allentown, Pa. 18101

Allentown

Minutes - Final

City Council

Wednesday, February 16, 2022

Invocation: Moment of Silence

Pledge to the Flag

6:30 PM

Council Chambers

Roll Call

7 -

Present:

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

Siegel, and Natalie Santos

Courtesy of the Floor

Courtesy and Privilege of the Floor Rules

Mr. Kirk Landes, president and General Manager, Lehigh Valley IronPigs,

and joined by Joe Finley who is one of the co-owners. thanked Council.

They will be applying in the spring for the ARPA funds. He shared why they

will be applying. Major League has taken over the Minor League Baseball

Organization. They are required to make improvement. The are working

with Lehigh County, the State of Pennsylvania, and Northampton County.

The Lehigh Valley Iron Pigs pledge is $7 million. They intend to get the

support of the administration, Mike Schlossberg and Phil Armstrong. He

left a presentation.

Mr. Joe Finley, Lehigh Valley IronPigs, stated that he is available to meet

individual or collectively. With major league baseball has been in the

industry for 30 years now. He can speak from experience. He has been

involved with the IronPigs from day one. For the last 28 years, he has been

involved with the Trenton Thunder. A minor league team in Trenton New

Jersey. They lost their franchise. They were a AA Yankees affiliate for

many many years. They were unable to meet the new facility regs. The

franchise was revoked by Major League Baseball. They want to avoid that

here. They want to stand shoulder to should with the City of Allentown, the

county of Lehigh, and Pennsylvania. They are going back to their lenders

and putting $1.5 million towards the project. Lehigh County already

approved those funds.

Contract Approvals

15-4889

R24

Authorizes Contract with Matrix Consulting Group, Ltd. for $60,000.00 to

conduct an indirect cost study to calculate the amount of each enterprise

fund should be reimbursing the General Fund for indirect costs; and a fee

study to calculate the full cost of all current and potential fee-for-services for

certain General Fund and Enterprise Fund departments, divisions, and

services; competitively bid, one proposal.

Administration

Sponsors:

Attachments: R24 - Matrix

Resolution #30379

Ms. Sarrah McNeil stated that this was done as RFP-28 2021-27. It was

advertised on Public Purchase. It was accessed by 43 vendors. One

response was received. An evaluation committee made of five people

evaluated the proposals and was scored based on the RFP requirements.

After all evaluations were computed, the committee recommended an

award to Matrix Consulting Group. The cost of the contract is $60,000.

Ms. Cynthia Mota asked if there were any questions from the dais.

Mr. Ed Zucal stated that he has a lot of faith with Mr. O'Neill and Ms.

Baraket. He stated that he is curious why this can't be done in house.

Mr. Seth O'Neil stated that is an excellent point. it is possible, but given the

nature of the evaluation a neutral point of view is preferable. It is consistent

on how it was done in the past. The people who manage the other funds

who contributes to the General Fund and he thinks this is not a new

practice would feel more comfortable that something other than the

Finance Department who manages the General Fund would have an

impartial view of this.

Mr. Ed Zucal stated that it is safe to say that you feel more comfortable and

it would look more transparent.

Mr. Seth O'Neil stated that it will foster more transparency, yes.

Ms. Cynthia Mota asked if there were any other questions.

Mr. Daryl Hendricks asked how many vendors responded to this.

Mayor Matt Tuerk stated that there was one response. There were three

that viewed the document, buy only one responded.

Ms. Cynthia Mota asked if there were any other comments from the dais or

from the public.

7 -

Yes:

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

Siegel, and Natalie Santos

Enactment No: 30379

Minutes of Previous Meeting: NONE

Motion to Suspend the Rules by Joshua Siegel, seconded by Ed Zucal to move

Bill 10 to the front of the Agenda.

7 -

Yes:

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

Siegel, and Natalie Santos

15-4859

Reconsideration of RCO Proposal

Councilpersons Siegel and Zucal are prepared to make a motion to clarify

and clean some language making it clear the legislation does not apply to

'external' city agencies and clean up some lettering, references and

definition of terms.

Rule on Reconsideration:

RULE XII - RECONSIDERATION

A. Reconsideration: A motion to reconsider an Ordinance will be

entertained only at the next regular meeting following the one at which a

vote was taken on that Ordinance. A Resolution may be reconsidered at

the same meeting at which a vote was taken on that Resolution. No

second motion to reconsider the motion will be entertained. An Ordinance

or Resolution may be reconsidered only once and only at the time stated

above.

A motion to reconsider may be made by a member who voted on the

prevailing side of the matter to be reconsidered, or by a member who has

notified the President of City Council of their intention to be absent and was

not present when such a vote was taken. (27391 2/4/98)

Bill 10

Responsible Contractor Ordinance

Mr. Siegel and Mr. Zucal

Sponsors:

Attachments: BILL 10 Reconsidered RCO draft with Amendments

Bill 10 RCO

RCO Data for Council

RCO Data

Code Contracts through H

ADMINISTRATIVE CODE.REVISED 8.2021

Updated RCO Data for Council

2020-112-ORD

Craft Labor Skill Shortages-Policy Brief-2-14-20

Document 1-WA-FemaleMinorityHours2011Annual-Highlights

Document 2-WA-Contract Analysis-2007-2011-Highlights

RCO Document Explanation

RCO

Mr. Joshua Siegel stated that Council should hear comments from the

administration, Council and the public.

Ms. Cynthia Mota stated that Bill 10 is on the floor. She asked if there were

any questions from the dais or the administration.

Mayor Matt Tuerk stated that this is obviously a Bill that has a lot of public

interest. The administration did provide some excellent analysis to Council

to make them make a decision. They provided three years of construction

contracts that were over $100,000. They are contracts subject to the

provisions of the Responsible Contractor Ordinance. The findings from the

analysis is for you to interrupt. He stated that he is supportive of any

legislation that would improve quality of life for our workers, that would

invest in workforce development as this legislation promises to do. He

appreciates the financial and non financial costs associated with any

legislation nor financial and non-financial benefits associated with any

legislation. It is the position as the Mayor of Allentown that these types of

investments in our people are good for the city of Allentown.

Ms. Candida Affa stated that she needs a full cost analysis and explanation

as to how much it will add to our cost of contracts. Is the administration and

Council willing to increase taxes for a 120,000 residents to accommodate

such a change. The administration has given us some data on the issue

from the last three years. Under the data we received, we will be left with

leaky roofs at the police academy and everywhere else for that matter. Not

as many curb cuts and sidewalks completed for handicapped residents to

use. Irving Pool demolition would be 43 percent higher. This is in the

report. There will be no skate park, etc. There will be a lot of projects that

would be stifled with this. We need an explanation as to why. Even the

waiver, we wouldn't be incurring costs and leaving more work on

completed. Also, a concern of hers is a statement F. 3. the requirements

stated in Section 801 shall also apply to contracts pertaining to

construction contracts carried out by an authority for which the city of

Allentown is a third party beneficiary. Does this legislation apply to the

Parking Authority, Lehigh County Authority, etc.? and to add to the

increased cost to our citizens. This question needs to be answered. can

the department directors give us direct testimony on how this will impact

the city's ability to do capital projects. The bidding process will be a huge

problem and she can't imagine or how they can convince her that in the

long-run somewhere down the line taxpayers aren't going to be paying for

this. Taxes are going to go up. One of the things that Council is here for is

to protect the citizens. She is one of those. She truly believes this

legislation would add significant costs to future city redevelopment. At a

cost, it would make important projects unbuildable. She wants to know why

they have to hurry this. It was just introduced two years ago. It went to

committee and here we are, we are ready to vote. She stated personally

she needs a lot information. Information from the union, information from

small businesses. She stated that Council did get information from the

administration and if you look at this, one is seven percent higher, 15

percent higher. The pool alone is 50 percent higher. There are so many

questions that need to be answered before we make a decision that is

going to effect the bidding for the city of Allentown. She stated that she is a

union girl and always have been. Her grandfather at the turn of the century

worked for Bethlehem Steel. Her fathers, her uncles, her father, her mother

was a factory worker. She thanked the union for supporting her in both her

campaigns for Council. She stated that she will still back them, but she is

not for this legislation, unless she gets a lot more information. This is why

she requested that it goes to the Committee of the Whole and give it more

time to study this.

Mayor Matt Tuerk stated with all due respect, you are miscategorizing

some of the analysis that was prepared for City Council. The idea that the

city would have leaky roofs at the police station and we would not be able

to demolish the pool because of this legislation or we wouldn't have a skate

park is not true. It would cost more in some of those cases to award it to

the first qualified bidder, but it is miscategorizing the analysis to suggest

those things simply would not occur.

Mr. Daryl Hendricks stated that he would like to second the motion. He has

still been receiving emails and letters today and have not been able to read

them from other people that are concerned about this legislation.

Speaking about the information provided by the administration, there is a

total of 18 contracts here. Six of them had other bidders, but were rejected

because of the cost. had we awarded those six alone under the RCO plan

as proposed, it would have cost the taxpayers of this city an additional over

$900,000. That is only on six of them. He stated that he has a fiduciary

responsibility to the citizens of this city to save them tax dollars. We need

to further look into this and get more information about it. The other

question he has is are the looking at any consideration to possible litigation

resulting from this legislation should it pass. Has the city Controller had the

opportunity to do a cost assessment on this legislation. He has not heard

anything. He stated to Ms. Affa by the way, this was only put into committee

a week ago. The bottom-line here is at what cost to our city taxpayers if

this legislation passes. There are far too many questions from himself and

other people. He respectfully request that they follow through and also

move this to a committee of the whole.

Mayor Matt Tuerk stated that one thing that he will point out is that some of

the projects are in fact grant funded. The idea that it is an increase

expense to our city's taxpayers may or may not be correct. He stated that

he wants to make that clear that some of these are grant funded projects.

Mr. Daryl Hendricks stated with all due respect whether it is grant funded

our not, it is still taxpayer dollars which are residents share. That is not a

very positive assessment.

Ms. Cynthia Mota stated that she too have concerns. It is important to have

an apprenticeship program. With the baby boomers retiring, it is important

for people to learn different trades. The reality is that she is concerned

about the cost. She is concerned about the taxpayers making the citizens

of our city pay more taxes. She stated that they have heard a lot of different

views and thoughts tonight. She still believes there are still unanswered

questions. How does this ordinance affect the Allentown Parking Authority

and its capital investment plan? How does this ordinance affect the funding

from Federal Relief Act? Will this restrict who and which programs the city

can fund? She stated that she really believe that they should table this.

She needs more answers.

Mr. Joshua Siegel stated that he is unequivocally and undeniably in support

of this legislation. He stated that he is one of the chief co-sponsors with his

Council colleague Zucal. He continually and affirmably strongly in support

of this legislation. Despite all the letters and all that they have gotten that he

believes wholeheartedly this bill is about being pro-worker, pro-worker

rights and pro-worker development. He stands with the mayor and his

administration in his commitment to making sure that we invest in

workforce development. The most important thing we can do is invest in

the workforce tomorrow. Time and time again, clear and unbias academic

evidence shows that apprenticeship is by far the best pathway to making

sure our workers are more productive, earn more money and above all else

deliver the best value and highest quality product. This city is no stranger

to shoddy craftsmanship and bad projects. He remembers the eastside

fire station. The roof was moldy right after it was built. Or Cedar Beach

pool for that matter which constantly caved in and required endless dollars

to be dumped into it. We have to look at the opportunity cost or not making

sure we raise the bar. Not thinking the taxpayers are going to pay more

which by the way he does not believe they will. He talked to Executive

McClure and Executive Armstrong and they are in support of this

legislation. Both of them passed this legislation in their counties. It has

been on the books in Northampton since 2018 and in Lehigh County for

over two years. Northampton County build a $11 million state of the art

Forensic Center that in on time and under budget. Lehigh County is

currently undergoing a $68 million renovation of their Cedar Brook nursing

home. When he thinks about protecting our taxpayers, he thinks about

protecting us against future expenses that they should not have to incur

when things are done wrong or improperly. He wants to make sure at the

end of the day that we stands with workers. The truth of the matter is

investing in apprenticeships and having apprenticeships is a win for

companies and above all else is a win for the working man and working

woman. We had numerous testimonies from contractors of color, female

contractors that have testified and stated the value that apprenticeships

have in their lives and the difference it made in their rise to the middle

class. He wants to be clear because it is a litany of evidence on a

meta-scale that shows RCOs are a good thing. If we are not going to stand

with working, especially in a working class city, we have no business being

up here. He has always been in favor of working class people and the

working class policies. It is why he passed the Paid Family Leave Bill. We

need to do everything we can that we take care of working people. He

stated that he believes that the RCO is instrumental to that. He has done

his research. Respect of the timeline, he brought this up two years ago and

that was the time to do this. He had to wait longer because he needed the

right administration place and the right support system on Council and we

have that now. He is glad that he has colleagues standing with him and

unafraid to back down in the face of what he feels is disingenuous

opposition to the value and benefits of this legislation. To be clear, for

every dollar invested in apprenticeships, businesses see a $1.47 return.

When it comes to cost an Urban Institute study found that just seven percent

of firms indicated that cost was a concern. There are a litany of state and

federal grants out there. There are businesses just forming

apprenticeships, assistance that the city can offer, that our local legislators

could offer, Congressional legislators can offer. There is no excuse in this

day and age that we face a massive shortage of qualified construction

workers not to be making these investments. At the end of the day, we have

a moral obligation as a city to use our taxpayer dollars to stand with

workers. To stand with workforce investment and above all else, make

sure we are making multi-generational investments for the future. He trusts

and understands the leaders that he idolizes and respects. He stated

Phillips Armstrong and McClure. Former Northampton County

Councilperson Bill McGee that could not be here tonight. He stated that he

understands. He listens to them and learn from them. They are the ones

that educated him on the value of this legislation. He deferred to his elders

on that one and the ones that lead the charge. As far as litigation, this has

been litigated in the courts and it failed. The court of law upheld

Northampton County's RCO. If you want to fight it again and you want

another loss than bring it on. The reality of the matter is that this is going to

stand. It is already stood in the court of law. He stated that he is proud to

stand with workers, with workforce investments, the administration in taking

this stance. He urged his colleagues to make that similar vote and stand

with working people.

Ms. Ce Ce Gerlach stated that she 100 percent gets the concern because

she has the same concerns. She is concerned that passing this legislation

could possibly negatively affect small businesses, in particular small

business owners and small contractors of color and marginalized groups.

She researched and could not find evidence/facts to back up her concern.

She could not find a municipality that implemented an RCO and had to

rescind it or amend it because it was having negative affects on small

businesses or even more specifically businesses of color. She if she

would have, she would be voting no. She could not find it. Every piece of

research she has found has been positive. She has to go with the data and

people that know way more than her about this. The data is positive. The

research is positive. She also know when you introduce and pass any

legislation there will be unintended consequences. Just because we have

not found something, does not mean it could not potentially happen. Does

not mean that there could be some small contractors that do not meet the

qualifications of the RCO that will be impacted. She is saying that if they

pass this and she hopes that they do that the administration and them on

Council will be diligently monitoring. She remembers when the Water

Authority was sold, a committee was set up.

Ms. Cynthia Mota stated that it was not sold. It was leased.

Ms. Ce Ce Gerlach stated leased. She remembers a committee being set

up and the purpose of the committee was to monitor it, check up and make

sure things are going well. If we pass this, why not set up some type of

group. Some union folks, residents, small business owners, Council

people, the administration and keep an eye on it. If we do see that small

businesses or minority businesses are being disproportionately impacted,

well then we are a legislative body. We can resend it. We can make

amendments. We can do what we need to do. I am sure the administration

would want to do that too. To say no now when we don't have any evidence

telling us that we should. She can't do that. Since the evidence is in

support of an RCO helping workers helping cities and helping taxpayers.

She stated that she got to vote yes. Even though she does have concerns.

Knowing that they are a legislative body and we can always do what we

have to do legislatively later if it does not work out.

Mr. Daryl Hendricks asked Ms. Gerlach if she had an opportunity to read all

the emails and letters that were sent to her today.

Ms. Ce Ce Gerlach stated yes, and she also had an opportunity to read the

Illinois Economic Policy Institute. Some of the articles that Joshua

referenced. She said believe her she has been doing a lot of reading.

Mr. Daryl Hendricks stated that you obviously missed some of them

because where there was one with a bid given of $17 million over bid. That

was rescinded. The RCO bill. Also, there was local contractors who sent

us emails and your name was on them and they were opposed to this.

These are local Allentown residents and contractors.

Ms. Ce Ce Gerlach stated that with any piece of legislation you are going

to have people for and against it.

Mr. Daryl Hendricks stated that you said you didn't see any of them that

were opposed to this or offered any evidence. There were several.

Ms. Ce Ce Gerlach stated that is what she said. She stated that she could

not find any data and any evidence.

Mr. Daryl Hendricks stated respectfully there was a number.

Ms. Ce Ce Gerlach stated opinions is not evidence. It is not data.

Mr. Daryl Hendricks stated that there were sites within the emails.

Ms. Candida Affa stated that she understands what Ms. Gerlach is saying.

It would be great if we could just rescind. Meanwhile in the past four, five,

six, eight, nine or 10 years it costs the taxpayers a lot of money. She stated

that is her concern. It is not her concern if it is going to work or not going to

work. She needs a lot more information on this. In terms of small

businesses, you talk about the small people. The unions started with that.

The working man. She stated that she believes this is going to stifle them.

In the meantime how much it is going to cost the citizens of Allentown when

we find out we were wrong. It is going to cost the taxpayers a lot of money.

She does not want to be one of the Council people that will pass legislation

that will cost a lot of taxpayers money. In the meantime, how much it is

going to cost to find out this was wrong.

Ms. Cynthia Mota stated that her concern is what is the big rush. If we are

the legislative body and we still have questions and they are unanswered.

Don't you think that we have a responsibility to get all the answers before

we vote. She stated that she knows the importance of having an

apprenticeship program, but at the same time, Council does have

unanswered questions. She stated that she wants to know how much this

is going to affect and how much are the taxpayers are going to pay. There

are still unanswered questions and it will be irresponsible to vote tonight.

Mayor Matt Tuerk stated that we do have a word class Purchasing

Department. Ms. McNeil is still on the line. She is in the middle of outlining

some contract that the city is engaged in. She is going to do the best that

she can with the hand that she is dealt. She will navigate whatever hurtles

face her when it comes to getting the best deal for the city. That is

something that Council should recognize as we make the decision. As we

continue to invest in the quality of our team in Purchasing and they are

going to get the best deal for the taxpayer and you are the ultimate check

against that.

Mr. Ed Zucal stated to Ms. Affa that over the last eight or nine years, it costs

this much money. It hasn't cost us anything because we have not had this

program. All the comments that he hears is that some of them assuming

this is going to cost the taxpayers. Show me some evidence up to this

point before tonight that it has because it could not have. The system

wasn't in place.

Mr. Joshua Siegel stated that when this was implemented in the Lehigh

County. He can speak to this because he saw the bidding process up

close. One of the things that it is hard to evaluate is when you are

introducing something new, it is hard to evaluate what was before. A lot of

new contractors have come forward at Lehigh County. When you introduce

this, it changes the composition of the bidding pool. If you read Executive

Armstrong's letter, he indicates that. He stated that he did some research,

reached out and understands that the administration compared that

analysis of some projects that they have done in the past. For example, on

the bridge repair the insinuation is that the city would not have been able to

do the bridge repair, but in consultation he knows that in fact where at least

three bidders that would have met the RCO provisions and would have

been able to do the bridge repair. Of the curb siding and sidewalk is one

that you addresses Ms. Affa. On Irving Pool, there were four bidders. He

stated that he just wants to be clear that there are people out there that

meet the needs. He stated that he did the research and provided them his

written testimony in advance of the meeting so they will have an opportunity

to see that he understands and appreciates the administration analysis. It

provides a framework. Obviously, introducing new legislation and new

perimeters and he can tell them from experience, Lehigh County only had

the waiver provision once. To the best of his knowledge, when they used

the waiver provision an individual that applied and received that bid would

have already qualified under the contract. They just wasn't aware of it. we

have a world class Procurement Department and he is fully confident that

the reality is and some of them brought up Valania Park and the difficulty

we had having somebody bid on that project. We don't have it in place and

we are still struggling. It is a symptom of the general atmosphere. The

reality is it is up to every bidding department to go out and do the work. He

has faith and the utmost trust in our Procurement Department. He is

confident there are people that will meet the need. This was not introduced

two weeks ago. This has been a two month process. If you are not in the

yes column, then you are not in the yes column. He read all the emails for

and against and he made his decision. He stated just make the decision.

We are not going to kick the can down the road.

Ms. Candida Affa stated that this is about competitive bidding. That is

where this whole thing is about. That is her concern. She does not know if

people are aware of the fact when the PPL Center was built, the city

avoided having Project Labor Agreements. Do you want to know why, is

because of concerns with limited competitive building and costs. PPL

Center was build using prevailing wages rates and over 95 percent of the

building issued to union contractors. We didn't have an RCO there, but we

made sure that everybody had a change to be in construction. She stated

that she is afraid with the RCO program, it is not going to happen. It would

probably 100 percent union. It was interesting back then that they did not

want this agreement.

Mr. Daryl Hendricks corrected his colleagues stated that this was brought

to Council a week ago. All they are asking for is an opportunity to study this

further and have a cost analysis done by our Controller. He stated that he

does not think it is a big ask. The city is making a serious change on how

we do business in the city. To ask for a couple weeks to do further

research is not unreasonable. Perhaps we do find that it would be

beneficial, but at least we get those companies out there all bidders an

opportunity to weigh in and present evidence as such. That is all they are

asking for is a period of time to do that.

Ms. Cynthia Mota thanked Mr. Hendricks and asked if there were any

comments from the dais or the public.

Mr. Michael Hanlon stated that this is speaking on the Motion to defer the

Bill to the committee, not on the merits of the Bill.

Mr. Alec Tatilla (sp), 1936, W Highland Street, stated that he full supports

the RCO and he hopes Council does as well.

Mr. Erin Kelley, Penn-Del Jersey Chapter of the National Electrical

Contractors Association, stated that their association just in Pennsylvania

is comprised with nearly 150 electrical construction companies. Many of

them live or operate in Allentown and the surrounding areas. Some of the

names is Orlando Diefenderfer Electrical Contractors, Ace Electrics,

Albarell Electric, FIS LLC, IB-Able, and West Side Hammer Electric. He

just want to take the time to reiterate their support for this Ordinance. This

Ordinance establishes reasonable and common sense certification

bonding and other standards for contractors that are bidding on only large

projects that deserve the highest quality of work and that the city cannot

afford to expend taxpayer money on without ensuring the best people that

are working on these projects. What this ordinance does, in the long-run it

actually saves taxpayers money. It puts taxpayer's money to good use and

it increases workforce development. It helps the city in the long-run by

developing an amazing number of blue collar professionals who live in the

city and who will contribute to the city's economy for many, many years to

come and help create multi-generational wealth and success in the city.

The very important aspect of this bill as it has been repeated is the

apprenticeship requirement in this bill. Every legitimate contractor whether

they are union or nonunion, whether they are large, whether they are small,

whether they operate in the city or the country, every single legitimate

contractor that is willing to put a little bit of time and energy into creating

forms and submitting them and creating this itinerary, this curriculum for

their workers to create an educated workforce has the capability to

participate in these apprenticeship programs. Any one who is opposed to

this Bill that is a contractor, again: union, nonunion, large, small because of

this requirement simply does not want to invest the time and energy which

is reasonable to do so. To reinvest into the city's workforce. These

apprenticeships are not expensive to create. Multiple companies can get

together and they can work on them together. They produce the safest and

most qualified trades people to produce the best quality work and these

programs recruit locally and they create a better local economy by creating

a better educated workforce. That is what this ultimately is truly about.

Mr. Terry Crouthamel, Jr., Asphalt Maintenance Solutions, stated that they

are a local city contractor that does road and highway maintenance for

surrounding municipalities, including the City of Allentown. They have been

in business for over 20 years and has done work for the city for over 10

years. They do not have an apprenticeship program in place. Their

biggest asset is their employees. They put a lot of time, effort and training

into our employees. Free markets work. He stated that if he did not treat

his employees well, they might go to work for the electrical union or the

road builders union. He stated that they take really good care of their

employees because they take good care of us. Checks and balances

really works there. Just because you want to pass a regulation, there are

positives to things and there are negatives to things. He stated that

Council will hurt a lot of people. You might think you are helping some, but

you are just picking winners and losers. That never works in any free

market. For the long-term, it just doesn't. He stated that they have six

employees that live right within the city of Allentown. You are going to hurt

people that are your taxpayers. He stated that they never heard issues with

their jobs. There have never been any quality issues. There are good

union contractors and there are bad union contractors. There are good

unions and there are bad unions. Just because you pass this Bill, doesn't

guarantee that you are going to get quality contractors. You just going to

limit the pool. You are going to have fewer contractors to pick from that is

going to give you higher prices and could give you worse work. He stated

for him that basically worked for the city for 10 years telling him hit the road.

We did not like your work. He stated that they never heard that once from

anybody from the city. It is not a fair way to do it. Even if you want to pass

the bill, you have to have five years in that apprentice program. He stated

that some of his guys been with the company for 15 years. They exceed

that requirement, but since he does not have this apprenticeship program

started for five years, by tomorrow if you pass this that totally eliminates him

as a bidder even though he has guys that he feels are more qualified than

some of these trade unions have. He stated that they are a specialized

business that sends guys all over the country to get the training for our

specialized projects and specialized processes that they do. You can't get

that from the union. He stated that his guys earn more money than union

wages. They have better equipment, better safety, better quality. We care

about the people and the job that we do. You are going to hurt a lot of

people if you choose to move forward with this.

Mr. Christian Linebach, Chairman of the Berks County Board of

Commissioners, stated that the proposed Allentown Responsible

Contractor Ordinance is neither responsible or just. As a Berks County

Commissioner in his 15 years of service, he understands the proper role of

government. It is to protect and serve all of our residents with respect and

fairness. It is all about standing against discrimination and for equal

access for all. The proposed ordinance supports discrimination and

makes it plain that only certain firms can work on construction and trades

related projects here in Allentown. He stated that he is standing up for

businesses in Berks County that would be discriminated against should

this ordinance pass. At last week's hearing, you heard from Teddy Chung,

Owner of Telco, a Berks County Company. They will be discriminated

against by this proposed law. This ordinance creates conflict where no

conflict need exist. During Former Reading Mayor Vaughn Spencer's term,

he attempted to pass a similar ordinance in the city of Reading. He spoke

against that Ordinance at a Public Hearing like this and in the end the

Ordinance was defeated and our companies and our workers liberty were

preserved. Make no mistake, this is not about pro-union or anti-union. This

is about equal access, equal opportunity and fundamental liberty. He

stated that he stands here today to do what is right and what is American

and oppose this irresponsible contractor ordinance.

Mr. Brian Wanamaker, Orlando Diefenderfer Electrical Contractors - 116

S. Second Street, stated that Diefenderfer Electrical has been conducting

business in the city of Allentown for over 100 years. They perform all types

of electrical/telecommunications work from replacing residential outlets to

the PPL Arena. Through all these years Diefenderfer has participated in

an apprenticeship training program. These programs offer us training

from trained trades people working in the industry. Also, it offers

classroom instructions from certified personnel. He stated that he is a firm

believer that the training program does not add cost to the customer, to the

city, or to Diefenderfer Electric. A trained individual is more productive

while performing their tasks. If anyone has any doubt about additional

education is not being beneficial needs to discuss the pros and cons of

that. He stated that when he heard some of the Council people worried

about costs at Diefenderfer Electric he has approximately 10 full-time

estimators and they do multiple jobs and as they are taking off jobs we take

them off and sit back and after we have the take off done, we look at

schedule and manpower. A lot of time, our cost is driven by if he does not

have foreman or do not have enough training and personnel. It is not to say

that he does not want the job, he just spent several thousands of dollars to

estimate the job. At that point he has to look and say is it going to cost him

more money to do the job. The reason is that he feels that he does not

enough trained personnel. The more training you can get, the better off you

can be.

Mr. Bud Bower stated that he was born and raised a few blocks away from

here. He owns Baseline Contracting and has been in business for 26

years. They have a long history of doing work for the city. In the last five

years, there were seven curb and sidewalk programs bid out and they were

the successful bidder on three of them. They bid all seven projects.

Looking back over the bids today or the last couple of days in the past

there was one bidder, one time that bid the project that would have been

qualified. They do highway and bridge work primarily. There is not an

apprenticeship program that fits their needs. As a result, they spent

between $1,500 and $2,000 a year per employee in specialized training.

They have 3D equipment and run the split form curb machines, split form

roadway pavers, they build bridges and do curb and sidewalks. They

spend a lot of money on training. Training is important. If there was an

apprenticeship program that he could put new bodies into and expect to

get what he wants out of it, he will be right there, but it just doesn't work.

We invested a lot of time and money on our people training them on

specifically on we do. He commented on what Mr. Siegel stated at one

point In Northampton County when they did pass the ordinance, he stated

that his company built bridges too. Months ago, he got a phone call from

the Purchasing Director asking why they took plans on a projects but did

not bid it. He explained why they did not bid it. They received one bid on

the project and she was disappointed.

Ms. Sen Chen, Telco, stated that her purpose is to provide some insight on

the history of a small business that has maintained hugely beneficial

working relationship with the city of Allentown and explain the negative

ramifications associated with implementing

4 - Ed Zucal, Ce-Ce Gerlach, Joshua Siegel, and Natalie Santos

Yes:

No:

3 - Candida Affa, Cynthia Mota, and Daryl Hendricks

Moved by Candida Affa, seconded by Daryl Hendricks that Bill 10 be sent to the

Committee of the Whole and engage in more information gathering.

Communications

Lehigh Parkway - Great Place in PA - certificate presentation

Ms. Hannah Clark stated that she is the board chair for the eight local

sections of Lehigh Valley and Berks County for the American Planning

Association for Pennsylvania. Lehigh Parkway was nominated as one of

the great places in 2021. She is here to provide the certificate. It was a

competitive process and selected by their state committee. They are very

excited to share it and honor Lehigh Parkway for the gem that it is.

Congratulations to the city of Allentown.

REPORTS

Committee of the Whole: President Mota A meeting is scheduled for February 23rd to

review legislation being introduced this evening – Bill 11, funding for the AHA

project, questions are being forwarded to AHA on the issue.

Budget and Finance: Chair Siegel, Hendricks, Santos The Committee met on

February 10th and forwarded two items on tonight’s agenda; the next regularly

scheduled meeting is on February 23 at 5:30 PM – there are two items scheduled for

the agenda – a review of Bill 12, the rollover ordinance, and the monthly finance

reports.

Community and Economic Development: Chair Gerlach, Siegel, Mota The Committee

met on February 9th and forwarded items on tonight’s agenda; the next committee

meeting is scheduled for March 9th, time to be determined.

Human Resources, Administration and Appointments: Chair Santos, Hendricks,

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

meetings scheduled.

Parks and Recreation: Chair Affa, Gerlach, Santos The Committee met this evening;

there are no future meetings scheduled.

Public Safety: Chair Hendricks, Zucal, Affa The Committee has not met since the last

council meeting; there are no future meetings scheduled.

Public Works: Chair Zucal, Affa, Hendricks The Committee met this evening; there

are no future meetings scheduled.

Rules, Chambers, Intergovernmental Relations and Strategy: Chair Mota, Zucal,

Gerlach The Committee has not met since the last Council meeting; there will be

future meetings set up to list to annual reports related to requirements pertaining to

certain Authorities, Boards and Commissions.

Controller’s Report: We want to handle the Controllers report in the Budget and

Finance Committee going forward.

Mayor’s Report

Mayor Matt Tuerk thanked Council for the opportunity to speak from the podium. He

stated that he will be brief to respect everyone's time given the long process they

just went through. He provided a Report on activities in the city of Allentown since

their last City Council meeting, including events that took place from the Mayor's

office. He stated that he recently attended the first orientation for a new Fire

Academy class which will add a significant number of new firefighters to the city's

complement. The class is mixed. It began last Monday when he was able to greet

new firefighters, many whom were residents of the city of Allentown or grew up in

the city of Allentown. About half of the academy will be joining the Allentown Fire

Department when they complete their work in the Academy. The other half are being

trained to serve the city of Easton. A fantastic group of young men who will be

improving Public Safety here in the city of Allentown. He was fortunate to join

Sergeant Lobst of the Allentown Police Department for a ride along last Wednesday.

His experience with Sergeant Lobst was tremendous. They started off the evening

reporting to a crime scene and stated that he was able to see the men and women of

Allentown Police Department doing fantastic work serving and responding to the

needs of our city residents and doing an investigation required at a crime scene.

From that spot they were called to a disturbance at the bus terminal at 3rd and

Hamilton where he was able to observe members of the Allentown Police Department

respond in an incredible humane fashion to a person who was suffering significant

distress and who was displaying some issues with mental illness. The

demonstration that he saw from the Allentown Police Department and the level of

care that they provided to the young woman who created a disturbance on the bus

and in serving her needs really defines what the traditional and heard it from the

most recent years about the position of our police force. He encouraged all

members of Council to check in with our Chief Roca. He has opened the doors to

members of Council to join in a ride along to observe how our police department is

caretaking for our community. He wanted to extend the invitation to include former

members of the Police Department to see how policing has changed in 2022

compared to the time that they served the city. He wanted to mention that they

conducted a Trash Town Hall on Monday evening to help residents of the city of

Allentown understand not the new regulations, but the regulations that they will now

be enforcing with regards trash. he wants to take every opportunity to mention to

our residents and to City Council that beginning February 20th, we will begin to

enforce the 32 gallon maximum limit on trash cans so you will be able to put out two

32 gallon trash cans we will no longer starting February 20th accept the 96 gallon

trash cans. You can keep the 96 gallon trash cans and can use them as storage for

your trash, but you should remove the trash bags yourselves and bring them to the

curb. A limit of five of those bags of the trash. A Town Hall was done on Facebook

with the collaboration of Ms. Mota who helped with Spanish translation and with the

Manager of Recycling and Solid Waste, Ann Saurman. They had tremendous

feedback from the presentation and have a advance understanding for our residents.

He wants to report on development of the ARPA process or funding allocation

process for ARPA. He knows Council on December 15 passed a Resolution asking

the new incoming administration to develop a process and present that process to

City Council by the end of the first quarter. He can tell them that it is a draft of that

process on Mr. Lightner's desk. We are participating providing a final report on that

process to City Council at its March 16th meeting. He would invite any Council

member to get in contact with our administration review the process with the

Department of Community and Economic Development. We welcome your insight

and believe with your participation we can develop a good process that is fair to all

organizations here in the city of Allentown. He made a final announcement that on

Monday, January 14th he extended an offer to Mr. Leonard Lightner to become the

Chief Operating Officer of the city of Allentown based on a tremendous amount of

professional experience and hands on city experience that he would bring to the job.

He stated that he received a number of resumes from individuals outside the region

including multiple states, but in reviewing those resumes and comparing them to Mr.

Lightner's resume, he was hands down the best qualified candidate. He stated that

he offered an offer letter to Mr. Lightner. He did accept so as of Monday, February

14th, Mr. Lightner is the Chief Financial Officer operating out of the Mayor's Office for

the city of Allentown. He stated that Mr. Lightner is best equip to deliver on his

city's administration and best equipped to help accomplish the goals of the city of

Allentown per the Allentown Vision 2030 Community and Economic Development

Plan. He gets where we are coming from and committed to operational excellence.

He is going to be an excellent Chief Operating Officer. He will have the Department

of Public Works, Department of Parks, and the Department of Community and

Economic Development reporting to him. He will work closely and collaboratively

with the Allentown Police Department and the Allentown Fire Department in

providing information to Council related to their operations. He stated that the

administration including Finance, HR and IT will continue to report to him. With Mr.

Lightner's departure from Directorship from the Department of Community and

Economic Development, he has asked Ms. Vicky Kistler who is current the Director

of the Health Bureau to step up and serve as the Interim Director. Per the

ordinance, she will remain in that role for 90 days while we conduct a search for a

new Director of Community and Economic Development. He stated that he looks

forward to actively collaborating with Council on identifying the best candidate for

that position so you can confirm the candidate that he puts forward at that time.

Because of Ms. Kistler's position in the Bureau of Health they do need to immediately

name an Interim Director of the Health Bureau and he is asking Mr. Gary Ritter who

have served for years in the Allentown Health Bureau to act in that Interim role while

Ms. Kistler is helping them out with CED. He asked Council to take Chief Roca on

his offer and have a first hand look at life for our Allentown Police Department.

ORDINANCES FOR FINAL PASSAGE (To be Voted On):

15-4841

Bill 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ALLENTOWN, PENNSYLVANIA, REPEALING ORDINANCE NO. 13931,

NOW TITLE NINE (SPECIAL DISTRICTS), ARTICLE 1393 (FLOOD

CONTROL) OF THE CODIFIED ORDINANCES, IN ITS ENTIRETY AND

REPLACING IT WITH AN ORDINANCE PROVIDING FOR THE

ESTABLISHMENT OF FLOODPLAIN AREAS IN THE CITY OF

ALLENTOWN; REGULATING USES, ACTIVITIES AND DEVELOPMENT;

ESTABLISHING PROHIBITED ACTIVITIES AND DEVELOPMENT;

PROVIDING FOR PERMITS, REGULATIONS, FEES AND PENALTIES

FOR VIOLATIONS AND REPEALING ALL ORDINANCES

INCONSISTENT HEREWITH.

Attachments: Bill 2 FLOOD PLAIN CONTROL

Ordinance #15789

Ms. Ce Ce Gerlach stated that it was in her committee and forwarded

favorably by the committee.

Ms. Cynthia Mota asked if there were any questions from the dais or the

public.

7 -

Yes:

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

Siegel, and Natalie Santos

Enactment No: 15789

15-4865

Bill 5

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 1976, 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 5 CDBG Account Setup

Ordinance #15790

Ms. Ce Ce Gerlach stated that it was in her committee and it was

forwarded favorably to the full Council.

Ms. Cynthia Mota asked if there were any questions from the dais or the

public.

7 -

Yes:

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

Siegel, and Natalie Santos

Enactment No: 15790

15-4867

Bill 6

Amends Chapter 213, Child-Care Facilities, Articles 1 through 5 inclusive

of the Codified Ordinances. The bill updates immunization guidelines to

reflect current standards, standardizes the ordinance with PA Department

of Human Service regulations, modifies language allowing for consistency

with updated regulations related to food safety, fire and building codes,

swimming pool safety and CPR/First Aid; and provides for the issuance of

violation tickets (SWEEP).

Attachments: Bill 6 Child Care Amd

Ordinance #15791

Ms. Ce Ce Gerlach stated that it was a conversation and concerns about

how this might effect some of the childcare facilities and also an

understanding that safety is Number 1. We have to look at that as a

priority. It was forwarded favorably.

Ms. Cynthia Mota stated that it was also her concern. A lot of family

daycare will be affected, but again, as you mentioned before Ms. Gerlach

one of the most important thing is the safety of the most vulnerable, the

children. She asked if there were any questions from the dais or the public.

7 -

Yes:

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

Siegel, and Natalie Santos

Enactment No: 15791

15-4868

Bill 7

Amends Chapter 12, Authorities, Boards and Commissions; Article 5,

Board of Health, of the Codified Ordinances to clarify the Board of Health

duties and responsibilities. This bill clarifies language that established the

authority and duties of the Board of Health, eliminating ambiguity. It makes

clear the powers originate from commonwealth law. No new powers are

being created.

Attachments: Bill 7 Board of Health Amd

Ordinance #15792

Ms. Ce Ce Gerlach stated that it was forwarded favorably as well and

noted the amendment that was forwarded.

Ms. Cynthia Mota asked if there were any questions from the dais or the

public.

Motion made by Ce Ce Gerlach, seconded by Joshua Siegel to end Paragraph B

after assembly.

Paragraph B

The Board shall exercise all the rights and perform all the duties and obligations

conferred and imposed upon like Boards of Health in Cities of the Third Class of

the Commonwealth of Pennsylvania by all relevant Acts of Assembly.

7 -

Yes:

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

Siegel, and Natalie Santos

Enactment No: 15792

7 -

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

Siegel, and Natalie Santos

15-4869

Bill 8

Amending the 2022 Trexler Fund Budget to provide for a supplemental

appropriation of Two Thousand Three Hundred Twenty-Seven Dollars and

Fifty-Four Cents ($2,327.54) from the Springwood Trust portion of the

Trexler Fund as the balance of the 2021 contribution per General Trexler’s

will.

Administration

Sponsors:

Attachments: Bill 8 Springwood Trust Appropriation

Ordinance #15793

Ms. Candida Affa stated that it was forwarded favorably.

Ms. Cynthia Mota asked if there were any questions from the dais or the

public.

7 -

Yes:

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

Siegel, and Natalie Santos

Enactment No: 15793

15-4870

Bill 9

Amending the 2021 Golf Fund Budget to provide for a supplemental

appropriation of One Hundred Twenty-Five Thousand ($125,000) Dollars

from the unappropriated balance of Golf Fund for the first loan payment

back to the General Fund.

Attachments: Bill 9 GOLF LOAN PAYMENT #1

Ordinance #15794

Mr. Joshua Siegel stated that it was forwarded favorably out of the Budget

and Finance Committee. This is just the first part of a three part repayment

to the General Fund for the Capital Loan the city made to the Golf Course.

Ms. Cynthia Mota asked if there were any questions from the dais or the

public.

7 -

Yes:

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

Siegel, and Natalie Santos

Enactment No: 15794

CONSENT AGENDA

Ms. Cynthia Mota asked if anybody had an issue with R26 and wants to

take it off the Consent Agenda.

Mr. Matt Tuerk stated that as he reviewed and one of his promises that he

would make a review of all the Authorities, Board and Commissions to

make sure that it was a level of professionalism brought to those boards. A

member of the Commission volunteered his resignation earlier, Mr. Button

and we thank Mr. Button for his service. Ms. Clark is a Planner which is a

level of expertise that is somehow missing from our Planning Commission.

His intent is to continue to find opportunities to add people to commissions,

to boards and to authorities at a level of professionalism and at a level of

diversity to those boards. He stated that he is very happy she will with

Council's vote join the Planning Commission.

Ms. Cynthia Mota thanked Mayor Tuerk and asked if there were any

questions from the dais or the public.

7 -

Yes:

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

Siegel, and Natalie Santos

15-4911

R26

Planning Commission Appointment, Hannah Clark

Term Expiration: 01/29/2025

Administration

Sponsors:

Attachments: R26 Appointment Planning Commission - Hannah Clark

Planning Commission Appt - Hannah Clark

Resolution #30380

Enactment No: 30380

RESOLUTIONS FOR FINAL PASSAGE (To be Voted On):

15-4833

R14

Approves the Submission of an amendment to the 2021 Action Plan to the

United States Department of Housing and Urban Development – this is a

regulatory step to allocate unspent funds from the federal HOME Investment

Partnership Program (HOME) in the amount of $50,000 for the HADC 418

Liberty Street Project

Administration

Sponsors:

Attachments: R14 Action Plan Amendment - HADC 418 Liberty St.Y STREET

Resolution #30381

Ms. Ce Ce Gerlach stated that it was forwarded favorably to the full

Council.

Ms. Cynthia Mota asked if there were any questions from the dais or the

public.

7 -

Yes:

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

Siegel, and Natalie Santos

Enactment No: 30381

15-4832

R15

Approves the Submission of an amendment to the 2021 Action Plan to the

United States Department of Housing and Urban Development – this is

regulatory step to allocate unspent funds from the federal HOME Investment

Partnership Program (HOME) in the amount of $187,288 to Habitat for

Humanity’s Tacoma Street Project.

Administration

Sponsors:

Attachments: R15 Action Plan Amendment - Habitat Tacoma St.

Resolution #30382

Ms. Ce Ce Gerlach stated that it was forwarded favorably to the full

Council.

Ms. Cynthia Mota asked if there were any questions from the dais or the

public.

7 -

Yes:

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

Siegel, and Natalie Santos

Enactment No: 30382

15-4866

R22

Approves the Submission of the Action Plan to the United States

Department of Housing and Urban Development, this is a step needed to

allow the City to apply for and then access an estimated $4,053,097.00 in

grant funds for the January 1, 2022 to December 31, 2022 program year.

Attachments: R22 Fed Funds

Resolution #30383

Ms. Ce Ce Gerlach stated that it was forwarded favorably to the full

Council.

Ms. Cynthia Mota asked if there were any questions from the dais or the

public.

7 -

Yes:

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

Siegel, and Natalie Santos

Enactment No: 30383

15-4831

R16

Approves the Submission of an amendment to the 2021 Action Plan to the

United States Department of Housing and Urban Development for Traffic

Signals – regulatory requirement to allocate unspent funds from the federal

Community Development Block Grant Program (CDBG) in the amount of

$550,000.

Administration

Sponsors:

Attachments: R16 Action Plan Amend - Traffic Signals

Resolution #30384

Ms. Ce Ce Gerlach stated that it was forwarded favorably to the full

Council.

Ms. Cynthia Mota asked if there were any questions from the dais or the

public.

7 -

Yes:

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

Siegel, and Natalie Santos

Enactment No: 30384

15-4907

R27

Approves the Submission of the Action Plan to the United States

Department of Housing and Urban Development, requesting to allocate

$50,000 in unspent funds for Hazard Elimination Projects.

Administration

Sponsors:

Attachments: R27 Action Plan Reallocation

Resolution #30385

Ms. Cynthia Mota asked if there were any questions from the dais or the

public.

7 -

Yes:

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

Siegel, and Natalie Santos

Enactment No: 30385

15-4910

R28

ENDORSES the adoption of the new Historic District Guidelines into the

Historic District Ordinance.

Attachments: R28 HARB

CEDC Presentation_Easton Architects

Updated Historic District Guidelines

Resolution #30386

Ms. Ce Ce Gerlach stated that the consultant provided a presentation and

from what she describe it will be much more clear of what the guidelines

are. Hopefully, we don't get as many people in front of us who were not

clear of what the changes are. It was forwarded favorably.

Ms. Cynthia Mota asked if there were any questions from the dais or the

public.

7 -

Yes:

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

Siegel, and Natalie Santos

Enactment No: 30386

15-4874

R29

Approves 13 transfers: (1) $1,350,000.00 in Traffic Planning &

Control/Public Works for a downtown Traffic Signal Adaptive System

Project funded by the Multimodal Transportation Fund (MTF); (2)

$1,210,564.90 in Finance & Budget Administration for Premium Pay

Overage Due Minimum Staffing Requirements, COVID Quarantine

Absences, Long-Term OJI, Long- Term Military, Long-Term Sick and

Retirements; (3) $237,893.04 in Finance & Budget Administration for

staffing levels and the strength of the workforce varied throughout 2021, in

September, noted the premium account was running out of money,

throughout the year, utilized premium pay to fill vacancies, generated under

budget due to vacancies at time 2021 budget preparation, generated

under budget due to vacancies at time 2021 budget preparation (4)

$31,252.21 in Finance & Budget Administration to Correct year End

Negative Balance; (5) $28,224.33 in Finance & Budget Administration to

Correct Year End Negative Balances; (6) $12,396.77 in Finance & Budget

Administration to Correct Year End Negative Balance; (7) $10,538.13 in

Finance & Budget Administration to Correct Year End Negative Balances;

(8) $8,000.00 in Building Standards and Safety for $1,500 originally

budgeted for parking at the government deck; transfer is needed to cover

monthly contracted parking for 16 rental unit vehicles ($75 each, per

month); (9) $7,684.29 in Finance & Budget Administration to Zero Out

Negative Account Balances; (10) $7,435.00 in Treasury needed for final

Attachments: Bill 11 ARPA - LITTLE LEHIGH

LITTLE LEHIGH PROJECT DESCRIPTION

Ms. Ce Ce Gerlach stated that she understands that this piece of

legislation is being referred to the Committee of the Whole and we already

have a date set and everything. She thanked the Mayor for addressing the

fact that we don't have a procedure, we don't have a process. It seems as

though the most reasonable things to do since we don't have a procedure,

yet and we don't have a process yet, would be to delay this expenditure,

this item until after we do. She stated to her she doesn't see the point of

having a Committee of the Whole meeting on an item if we have yet to have

a process and procedure for that item to go through.

Mayor Matt Tuerk stated that he appreciates Ms. Gerlach's concern and

they are happy to share the draft process that is on Mr. Lightner's desk.

You would take that action, but the reason for urgency in this particular case

there are the funds that are in jeopardy in this project to the Housing

Authority including $11 million of low income housing tax credits, $1.3

million of HOME funds that the city has already committed to the project,

but it has cleared that process and $2.5 million of Redevelopment

Development Capital Authority assistance funds from the Commonwealth.

You may table it, but you will torpedo the project and send a significant

amount of dollars back the Pennsylvania Housing Finance Authority which

we will never see in Allentown again.

Ms. Ce Ce Gerlach stated that typically there are no comments on a motion

to table, but since we are doing comments she respects that, but and don't

see anyone here tonight from the Housing Authority because before Covid

was a thing, before ARPA was a thing, the Housing Authority had a budget

and they came up with the $2.7 million from somewhere else other than

ARPA and other than the city. She would be interested to see where they

were going to get the money from before Covid was a thing. She stated

that her motion to table stands.

Ms. Cynthia Mota stated the Little Lehigh Project is a very important

project. We are dealing with low income families who are in great need of

housing. She stated that she believes that they still have a few people

there at Little Lehigh. She would hate to see the funds that they already

have be lost.

Mr. Michael Hanlon stated that Mr. Farrell was going to come tonight, and

the Council President made a commitment to send it to committee. He

stated that Council actually told him not to come this evening.

Ms. Cynthia Mota stated that this was mainly an introduction.

Mr. Daryl Hendricks made a suggestion if they could set a meeting up with

the Committee of the Whole in the next week.

Mr. Michael Hanlon stated that he sent the Agenda out when Council was

talking about the Responsible Contractor Ordinance. It was scheduled for

next week at 6:00 PM.

Ms. Ce Ce Gerlach stated Point of Order. There is a Motion on the floor.

There never should be a conversation on a Motion to Table.

REFERRED TO THE COMMITTEE OF THE WHOLE

Ce Ce Gerlach made a motion, seconded by Ed Zucal to Table Bill 11 and no

other request to amend the 2022 ARPA budget be put before us until there is a

process and procedure that will ensure transparency and equitable access.

4 - Ed Zucal, Ce-Ce Gerlach, Joshua Siegel, and Natalie Santos

3 - Candida Affa, Cynthia Mota, and Daryl Hendricks

Yes:

No:

Ms. Ce Ce Gerlach asked if the Council Solicitor weigh in.

Mr. Charles Smith stated that the are under Rule 13. A motion to table

must be decided without debate. At that point, it seems as his reading is

that it is tabled. Mr. Hendricks is making a motion to bring it forward to the

Committee of the Whole notwithstanding that is what was just tabled,

correct.

Ms. Ce Ce Gerlach stated yes.

Mr. Daryl Hendricks stated well tabled is not forever. He is asking in the

near future that they meet as a Committee of the Whole and discuss it.

Mr. Joshua Siegel asked Mayor Tuerk what is the approximate deadline at

the latest they would need the money in order to ensure they continue to

ensure all the assistance from both state and federal grants.

Mayor Matt Tuerk stated that the indication from the Housing Authority

needs to be able to close on this by mid March.

Mr. Joshua Siegel stated that it provides ample time to see a presentation.

Mayor Matt Tuerk stated that was the intent. It is a mute point right now.

The intent was the Housing Authority prepares and delivers a presentation

updating Council on the finances on the project at the Committee of the

Whole. The Bill is tabled.

Ms. Ce Ce Gerlach stated that this is about a process and the lack thereof.

We cannot have certain organizations have the ability to jump ahead and

receive ARPA funding without a process in place. She shares the desire to

have affordable housing, but we don't even know how much money from the

leftover ARPA funds are going to go to affordable housing. She stated

$2.7 million to the Housing Authority to affordable housing. Is that $2.7

million to Housing Authority for affordable housing out of $10 million or is

that the only money that is going to go to affordable housing. She stated

that they have no idea. Before we make the decision, we need to have the

big picture and the full picture. Once the process is in place, the

procedures are in place, the Housing Authority can go through those same

processes and procedures like Ripple, the Ortiz Ark and all these

organizations can go through the same process. Once the requirements

are set up some will meet them, some won't and the money would be

distributed. But, again, jumping ahead in line, no.

Ms. Cynthia Mota asked if they are meeting next week.

Mr. Michael Hanlon stated that even though the Bill is tabled, the president

has the power to create a Special Meeting if she so desires. She has that

power.

Ms. Cynthia Mota stated her concern is that we need affordable housing.

There is a lack of affordable housing in the city and you know that. We

need to help the most vulnerable which is poor people in the city. She

understands that it is important to have a process. She stated that she is

with Ms. Gerlach when it comes to that, but at the same time, the mayor

said that if we don't help them, they will lose the funding that they already

have. We also have to keep that in mind. It is extremely important that we

meet sometime next week.

Ms. Candida Affa stated that she agrees with Ms. Gerlach that Council

talked about this many times that we want a process with this. She used

the words jumping the line. She stated that she agrees with Ms. Gerlach,

but we should do this quickly.

Mr. Charles Smith stated that action that was tabled was referring the

matter to the Committee of the Whole. It was not approving what was

referred to the Committee. If it went to the committee, these consideration

can be raised with regards to process and it will be a loss of grant funding

for it and if it is going to kill a project and all those important things. The

only point he is making is that they are not approving it by referring it to the

Committee of the Whole. You are just referring it.

Mr. Daryl Hendricks stated that it is an important note that Mr. Smith makes

here in the fact that he is not asking him to relegate that money, but

because of the urgency let's listen to what they have to say. He stated that

he would do the same for any other organization that was facing the same

deadline.

Mr. Ed Zucal stated that Council heard the same story last year when we

got the ARPA money that they needed the $2.7 million now. Here we are

almost two years later. They don't have it and we have not given it to them.

It is not that urgent.

Mayor Matt Tuerk stated that it is a fair point, but what he will offer that the

project itself has cleared the hurdle and has submitted to the CDBG

process. He stated that the administration does believe in that process

that resulted in the award of low income housing tax credits. We do believe

in the process in the award of the RACP dollars. He offered consistent with

Ms. Mota's assessment is that this is a project that is ready to go. This will

address an immediate need and that is why it merits consideration.

Ms. Ce Ce Gerlach asked if they can have a Committee of the Whole on

the draft procedure and process to get that going.

Mayor Matt Tuerk stated that they will bring the draft to the Committee of

the Whole. In advance of that draft he still welcomes Councilmembers to

check in with Mr. Lightner to review that draft for feedback.

Ms. Ce Ce Gerlach stated that it makes sense to have a meeting about the

process and the procedure. Again, the Housing Authority already came

here. To have them again come and again to talk about what they want to

do. It does make sense to have a Committee of the Whole to see what the

procedures are going to be.

Ms. Cynthia Mota stated that they have done other things. She would love

to hear from them because they have changed a few things.

Ms. Ce Ce Gerlach stated that once there is a process and procedure, we

will hear from them as well as many other organizations. Will they do great

work, who knows, but guess what, there may be other organizations that

can do great work and that is up to the administration, his team and folks

on Council to assess that and wave the options. If we have $2.7 million to

spend on affordable housing, where can we get the most affective

outcome.

Mayor Matt Tuerk stated that Mr. Lightner will provide a draft to Mr. Hanlon

this evening.

Ms. Cynthia Mota asked where do we stand now. Are we meeting next

week or are we first.

Mr. Michael Hanlon stated that Ms. Mota has the power to make that

decision. You have that power as Council President. You don't have to

make it now.

Ms. Cynthia Mota stated that they will talk about it at a later date. We have

to make sure that it gets done soon.

Mayor Matt Tuerk stated that they committed to following the Rules of

Council which is to have all legislation in the hands of Mr. Hanlon by the

Tuesday prior to drafting the Agenda which he believes will put them at the

next date of February. If we want to have something put on that March 2nd

Agenda we have to have legislation to Mr. Hanlon by February 22.

Mr. Joshua Siegel stated to be clear, you will be providing the proposed

draft. The scoring sheet in which you want to evaluate applications to

receive ARPA funding.

Mayor Matt Tuerk stated right.

Mr. Joshua Siegel stated that he is in favor of that. The way he views it

legislatively, relatively quickly you can create some sort of scoring

mechanism iniquitous to our bid scoring or our CDBG scoring that many of

them have served on and are familiar with. You as the administration can

determine how much to provide based on everybody's application and we

as Council provides oversight and can choose to award and amend based

on your recommendations.

Ms. Cynthia Mota asked will they have enough time to do this.

Mr. Leonard Lightner stated that is exactly the process. We had to

document it just like they did with HUD and the CDBG process which some

of Council have scored on that. We related it to the ARP. We have

guidelines on the scoring process and the scoring sheets and we will

present it to you so you can review how the process works. The process is

going to be similar of how they do HUD

Mr. Ed Zucal asked would that require them to produce a 990 and is there

an established process ready for auditing.

Mr. Leonard Lightner stated yes, there is. They have to submit. They do an

application, submit the required documents as needed. At that point, they

get scored, get awarded a certain dollar amount, and one of the members

or two of the members of Council will be part of the scoring committee just

like we do with HUD.

Ms. Cynthia Mota asked Mr. Smith what does Council do. Do they vote

now for Bill 11?

Mr. Charles Smith stated that a referral of Bill 11 to the Committee of the

Whole is now in table status. You can move to un-table it or you can use

Mr. Hanlon's procedure of a Special Meeting.

Ms. Cynthia Mota stated that she is going to use Mr. Hanlon's procedure of

a Special Meeting.

Daryl Hendricks made a motion, seconded by Cynthia Mota for Council meet

sometime within the next week and review this under the Committee of the

Whole.

15-4909

Bill 12

Budget and Finance, forwarded favorably

Amending the 2022 General Fund, the 2022 Risk Fund, the 2022

Equipment Fund, the 2022 Liquid Fuels Fund, the 2022 Trexler Fund, the

2022 Golf Fund, and the 2022 Stormwater Fund by appropriating funds

from the un-appropriated balances for the rollover of encumbrances for the

prior year commitments.

Administration

Sponsors:

Attachments: Bill 12 PO Rollover 2021 to 2022

Ordinance #15795

REFERRED TO THE BUDGET AND FINANCE COMMITTEE

Ms. Cynthia Mota asked if there were any questions from the dais or the

public.

Enactment No: 15795

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

NONE

NEW BUSINESS: NONE

GOOD AND WELFARE: NONE

ADJOURNED: 9:11 PM

15-4437

Council Rules

Home Rule Charter

Contract Procedures

Attachments: HOMERULE June 2021

Council Rules March 2021 Edition

Contract Procedures