435 Hamilton Street

Allentown, Pa. 18101

Allentown

Minutes - Final

City Council

Wednesday, August 3, 2022

Invocation:

6:30 PM

Council Chambers

Pledge to the Flag

Roll Call

6 -

Present:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Joshua Siegel, and Natalie

Santos

1 - Ce-Ce Gerlach

Excused:

Courtesy of the Floor

Courtesy and Privilege of the Floor Rules

Mr. John Morewerth (sp), 2200 Hamilton Street, stated that he is coming to

talk about Bills that are being proposed Bills 60, 61, and 62.

Ms. Cynthia Mota stated that if you want to talk about Bills 60, 61, and 62,

they are on the agenda. She suggested when the Bills come up, you are

entitled to come up and Council will listen to your opinion.

Mr. Gregory Shamp, 335 N. Eighth Street, stated that he has several

building in Allentown and has gone through a horrible period with Code

over non-investigatory work that they did not do before they looked at the

buildings. He stated that 1110 W. Allen Street, the guy that inspected it

never even had the courage to call him. The tenants complained about

kittens in the back. He stated that he is not Animal Control. Code gave

him 30 days to repair the building which he finds egregious. He sold it and

it closed last week. The other one on 1337 Chew Street was totally redone

with electrical and plumbing in order to get it up to Code. They have fined

in $575. He is replacing things slowly, and he has no help. He asked

Council to go back and re-track these charges.

Ms. Vicky Kistler stated that she has heard this and she will look into 1130

W. Allen and 1337 Chew and will give Council a Report.

Ms. Cynthia Mota asked Mr. Shamp to give Mr. Hanlon and Ms. Kistler your

phone number.

Ms. Candida Affa asked for his name again.

Mr. Don Ringer, 1801 Liberty Street, stated that he just wants to say

something about Dr. McGuire. He considered him his best friend. They

were dear friends. He stated that they can see how far apart they were

politically, but they got along tremendously. He stated that he loved David

McGuire. He then stated that he wants to talk about zoning here in the city.

A couple of years ago he put close to a half of million dollars in his place to

remodel it. He stated that he made it nice then Covid came and he thought

out of the line and started putting parking lots and now they have seating in

the parking lot for patrons. Last year, he applied for something to finish a

porch. Not to expand, but to finish a porch. That is when it started with

Zoning. Zoning crucified him to no end. Over a shed, part of his roof, and

the number of spaces. We have plenty of on-street parking. That does not

count. He had to go around and get businesses in the area to lease him

space within 500 feet so that he can adhere to the city Code. If you go to

Bethlehem, Easton or Emmaus, you don't put up with this stuff. They want

business. You need business in your city to survive. He stated that he

called Ms. Kistler in Economic Development and he asked her for a little

help with Zoning. She got back to him and said Mr. Ringer there is nothing

she can do. She sided with Zoning because there are numerous

complaints about your business with parking and noise. He stated that he

finds it appalling. He stated that he spent $6,000 to defend himself and

went through these hearings and guess what, he won 3 - 0. Why couldn't

we have talked as people with Zoning and worked it out. There was no

need to go to these hearings and spend $6,000. It is ridiculous. He wishes

that the city would support businesses better. On Sunday night, he

witnessed on Seventh and Tilghman Streets, the aftermath of the Puerto

Rican Day Parade. It is totally unacceptable of what he saw. There were

four-wheeler bikes and a whole row of motorcycles on Seventh Street. The

music was blaring as loud as you can get. The police were going by and

the bicyclers were giving them the finger. Nothing was happening. He saw

police driving up Seventh Street. They were doubled parked. They did

nothing. The quality of life in this city is deteriorating. We have beautiful

parks in the city. Second to none. We have a school district that is not

doing very well right now. We cannot have this stuff with these bicycles

ruling our city right now. They are ruining everything here.

Ms. Cynthia Mota stated that they will talk.

Ms. Vicky Kistler stated that they do have a process with Zoning for the

Zoning Hearing Board and Zoning appeals. That is fortunately or

unfortunately based on our Zoning Regulations. The process that Mr.

Ringer is speaking of is a process in which you want a variance. He

applied for that variance. It is not up to the directors in the departments to

handle that process or work around.

Mr. Don Ringer stated that he did apply for everything and asked him for

help and you said no. You sided with the Zoning Board because he was

wrong.

Ms. Cynthia Mota stated to Mr. Ringer is the positive of everything is that

you won.

Mr. Don Ringer stated that he won, but why does he have to spend $6,000.

Ms. Cynthia Mota stated that they can talk offline.

Mr. Don Ringer stated please do something about these motorcycles.

Ms. Cynthia Mota thanked Mr. Ringer and stated that they are working on

that.

Contract Approvals

15-5220

R117

Award of Contract to ABE Doors Inc in the estimated budgeted sum of

$50,000 per contract year, for the unit prices as set forth in the Proposal.

This was competitively bid, and two (2) bids were received, one (1) was

rejected.

Administration

Sponsors:

Attachments: R117 Overhead Doors

Resolution #30476

Ms. Sarrah McNeil stated this was done as Bid 2022 - 29. It was

advertised on Public Purchase and accessed by 17 vendors. Two

proposals were received. One proposal was rejected. The contractor will

provide the time and materials for on call, onsite overhead door

replacement repairs inspections and maintenance at various city owned

and operated facilities. These services are provided on an as needed

basis and the department is recommending an award to ABE Doors Inc.

The annual estimated budgeted sum for a contract year is $50,000. We

have successfully done business with this vendor before.

Ms. Cynthia Mota thanked Ms. McNeil. She asked if there are any

questions from the dais or the public.

6 -

Yes:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Joshua Siegel, and Natalie

Santos

1 - Ce-Ce Gerlach

Absent:

Enactment No: 30476

15-5221

R118

Engagement of Professional Services with Daniel E Koplish for an annual

estimated budgeted sum of $60,000 per contract year for an on-call

independent consultant. This was competitively bid and only one (1)

response was received.

Attachments: R118 Compliance Consultant

Resolution #30477

Ms. Sarrah McNeil stated that this was done as RFP 2022 - 07. It was

advertised on Public Purchase and accessed by 43 vendors and one

proposal was received. The evaluation committee made of four people

evaluated the proposal and scored based on the RFP requirements. After

all evaluations were computed, the committee is recommending an award

to P Joseph with an annual estimated budgeted sum per contract years is

$60,000.

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

Mr. Ed Zucal asked what does that service includes.

Ms. Seth O'Neil stated that they have been having discussions about this

segment of our meetings. The contract approval segment and the reason

the reason that the Purchasing Agent presents this is to present City

Council with a summary of and it is difficult to put this on Ms. McNeil. The

fundamental nuts and bolts behind every one of these contracts. The

reason she presents this and not department heads because it supposed

to speak to the proper procurement process is followed. That being said

they will be happy to see if someone can answer your question. He will be

asking that maybe some of these sort of questions about the substance of

the contract can either be dealt with ahead of time or in a committee of

something like that. It is his understanding what they are really support to

be doing here is insuring that the proper procurement process is followed.

He asked Mr. Zucal what was his question and they will try to make sure

that it gets answered.

Mr. Ed Zucal asked what does this include is his question.

Mr. Mark Shahda stated to Mr. Zucal it is to provide an on call independent

consultant to provide services that will perform tasks and identify concerns

relating to the Concession Lease Agreement with LCA. The consultant will

also help us develop, evaluate and represent the city's position in Act 537

planning. If you have additional questions regarding this plan, he does have

Brian Chamberlain that is on the line to be more than happy to get into the

specifics.

Mr. Ed Zucal stated that his thoughts are why Lehigh County Authority hiring

this person.

Mr. Brian Chamberlain stated the reason why is pretty much represent the

city's side. You can't really have LCA hire them and represent the city side.

This is a consultant for the city so they can evaluate everything with Act 537.

That will be agreements amongst all the parties. There are 15 other

municipalities that pretty much sewage comes from them to our plant. That

is why the city hired him to be a consultant for the city's representation.

Mr. Ed Zucal thanked Mr. Chamberlain.

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

Mr. Seth O'Neil stated that in the coming weeks he is going to work with the

City Clerk and members of the dais to maybe try and get these questions

sorted through so this section of the meeting is something that we can get

through without a lot of confusion and a lot of different people jumping on

the mic. He stated that he appreciates the moment to speak on that.

5 - Candida Affa, Cynthia Mota, Daryl Hendricks, Joshua Siegel, and Natalie Santos

Yes:

No:

1 - Ed Zucal

1 - Ce-Ce Gerlach

Enactment No: 30477

Absent:

Minutes of Previous Meeting

15-5236 July 20, 2022 City Council Meeting Minutes

Attachments: July 20, 2022 City Council Meeting Minutes

6 -

Yes:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Joshua Siegel, and Natalie

Santos

1 - Ce-Ce Gerlach

Absent:

Communications: NONE

Old Business

Note:

For the record, during the codification process a piece of legislation was not picked

up, it ORDINANCE NO. 15517which gave the Allentown Parking Authority flexibility in

the fixing and adjustment of parking rates during special events – as previously

approved legislation, that will be added to codification.

REPORTS

Note: In consultation with the sponsor of Bills 60 through 63, I have set up a Special

Committee to handle these bills consisting of Mr. Hendricks, Mr. Siegel and myself. I

plan to refer those bills to that committee.

Special Council Meetings: Council will hold a Special Meeting on ARPA funding to

take testimony on public safety, infrastructure, and capital projects on August 10 at

6:00 PM

Budget and Finance: Chair Siegel, Hendricks, Santos

The Committee has not met since the last council meeting. The next meeting is

scheduled for August 24 at 5:30 PM.

Community and Economic Development: Chair Gerlach, Siegel, Mota

The Committee has not met since the last council meeting. The next meeting is

scheduled for August 10 at 5:30 PM.

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 at this time.

Parks and Recreation: Chair Affa, Gerlach, Santos

The Committee met this evening; there are no future meetings scheduled at this

time.

Public Safety: Chair Hendricks, Zucal, Affa

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

meetings scheduled at this time.

Public Works: Chair Zucal, Affa, Hendricks

The Committee met this evening; there are no future meetings scheduled at this

time.

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

Gerlach

The Committee met this evening; there are no future meetings scheduled.

Controller's Report (3 minutes) - Controller is on vacation and will not be reporting

this evening.

Mr. Jeffrey Glazier stated that he has one brief Report on Accounts Payable Audit

from July 2nd to July 29. During that time period, the Controller's office reviewed

429 computer checks, 16 manual checks and five wires. In total, there were 795

documents that were reviewed. There were issues with 37 other them with a total of

about 4 1/2 percent. He stated that there are 10 findings on the Report. They noted

that a healthcare benefits wire in the amount of $457,110.51 was paid twice. A

potential over billing, the department paid for a vendor on a statement. We pay on

invoices. Review of previous invoices displayed on a credit balance had been there

previously. The printed balance did not appear on a statement. Without an invoices

the propriety of the statement balance cannot be verified. The check was voided.

The department was asked to request the invoice services in the amount that can be

verified. At the time of this report, those invoices have not yet been paid. There

was an over billing on one of the city's contracts for $76.

Mayor's Report (3 minutes)

Mr. Seth O'Neil stated that the Mayor is on a much needed vacation and he is

keeping in touch with things. He expresses his regrets that he does not have a

Report to give this week.

ORDINANCES FOR FINAL PASSAGE (To be Voted On):

15-5189

Bill 48

Amending the 2022 Trexler Fund, by transferring supplemental

appropriation from the unappropriated balance of the Trexler Fund in the

amount of a total of Sixty-Five Thousand ($65,000) Dollars from the

unappropriated balance of the Trexler Capital Budget to the Cedar Creek

Bridges capital project, to repair the vehicular bridge at Ott St in Cedar

Creek Parkway.

Administration

Sponsors:

Attachments: Bill 48 Trexler appropriation 7-12-22

Ordinance #15827

Ms. Candida Affa stated that it was voted 2 - 0 favorably.

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

public.

6 -

Yes:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Joshua Siegel, and Natalie

Santos

1 - Ce-Ce Gerlach

Absent:

Enactment No: 15827

15-5192

Bill 49

Amending the 2022 General Fund, Solid Waste Fund, Stormwater Fund,

and Rental Fund by transferring a total of Five Hundred Thousand ($

500,000) Dollars to allow for the continued purchase of fuel for the

remainder of 2022.

Administration

Sponsors:

Attachments: Bill 49 FUEL TRANSFER

Ordinance #15828

Mr. Ed Zucal stated that it was sent favorably 3 - 0. This is needed

because we obviously know about the price increases for our fuel.

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

public.

6 -

Yes:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Joshua Siegel, and Natalie

Santos

1 - Ce-Ce Gerlach

Absent:

Enactment No: 15828

15-5188

Bill 52

DIRECTING THE LEHIGH COUNTY BOARD OF ELECTIONS TO PLACE

A REFERENDUM QUESTION BEFORE THE CITY OF ALLENTOWN

VOTERS ON THE NOVEMBER 8, 2022, BALLOT TO AMEND THE CITY

OF ALLENTOWN HOME RULE CHARTER TO ESTABLISH THE

SALARY OF THE CONTROLLER EQUAL TO 80% OF THE MAYOR’S

SALARY WHICH IS CURRENTLY AT $95,000.Controller

Affa and Mr. Siegel

Sponsors:

Attachments: Bill 52 Home Rule Charter Controller's Salary - Question

Mr. Michael Hanlon stated that Bill 52 was pulled contingent upon questions

going to the Solicitor's office.

Bill 52 was tabled.

CONSENT AGENDA

RESOLUTIONS FOR FINAL PASSAGE (To be Voted On):

15-5226

R119

Appoints the following, as a Patrolman, at a base salary of $64,511 per

annum, contingent upon the candidate passing physical and psychological

examinations as stipulated in the Police Civil Service Rules and

Regulations and obtaining and maintaining a valid state certification from

the Pennsylvania Municipal Police Officers Education and Training

Commission.

Sloan, Ryan - Pottstown, PA

Leonard, Jonathan - Nazareth, PA

Administration

Sponsors:

Attachments: R119 Hiring 2 Patrolmen 8-3-22

Resolution #30478

Assistant Chief of Support Services James Gress stated that Ryan Sloan

comes from Pottstown, PA. He is under the Bill 66 hiring list. He is 25

years old and a graduate of Pottstown High School and Montgomery

County Community College. He is Act 120 certified. He has worked for a

couple of small agencies in Montgomery County and now wishing to come

here and the Police Department would like to currently hire him. The

second one Jonathan Leonard from Nazareth, PA. Not to be confused with

the current Sergeant Leonard. No relations. He is 26 years old and

graduating from Nazareth High School and Lackawanna Area Community

College. He has worked for Hazleton City and he is the third or fourth from

Hazleton.

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

public.

6 -

Yes:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Joshua Siegel, and Natalie

Santos

1 - Ce-Ce Gerlach

Absent:

Enactment No: 30478

15-5199

R120

Approves three transfers: (1) $47,500.00 from City Council needed to

ensure that the correct amount is in the Legal Services Account to Pay for

the Legal Services of Smith Law Offices (Council’s Solicitor); (2) $55,000

from Risk Management to provide funding for the CDL certification training

to our employees; (3) $24,000.00 from Fire due to the unprecedented

increases in materials, the cost to manufacture the firefighter turn-out gear

has had four price increases in the last eight months; (4) $15,000.00 from

Public Safety/Police due to the large number of trainings and required

recertification trainings that were rescheduled to this year, the current

training budget has been exhausted.

Administration

Sponsors:

Attachments: R120 Transfer Funds

Due to Unprecedented Increases in Materials, the Cost to

Manufacture the Fire Fighter Turn-out Gear has had Price Increases

Due to the large number of trainings and recertifications rescheduled

the curent training budget has been exhausted

To Provide Funding for the CDL Certification Training for Employees

For the Legal Services for Smith Law Offices

Resolution #30479

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

administration, the dais or the public.

6 -

Yes:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Joshua Siegel, and Natalie

Santos

1 - Ce-Ce Gerlach

Absent:

Enactment No: 30479

15-5227

R121

Authorizes Submission of a Formal Application to the Multimodal

Transportation Fund for a Grant through the Commonwealth Financing

Authority in the amount of Five Hundred and Fifty-Nine Thousand Dollars

($559,000) to support installation of new streetlights.

Administration

Sponsors:

Attachments: R121 MLK Lighting Grant 8-3-22 REVISED

MLK Lighting Grant Approval

Resolution #30480

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

administration, the dais or the public.

6 -

Yes:

Candida Affa, Cynthia Mota, Daryl Hendricks, Ed Zucal, Joshua Siegel, and Natalie

Santos

1 - Ce-Ce Gerlach

Enactment No: 30480

Absent:

ORDINANCES FOR INTRODUCTION (To be referred to Committee with public

comment prior to referral)

15-5213

Bill 56

Public Works, this evening

Providing for the vacation of Utica Street from the centerline of North Brick

Street to its Eastern Terminus in the Sixth Ward of the City of Allentown:

Administration

Sponsors:

Attachments: Bill 56 Utica Street from the centerline of North Brick Street

Letter from Mike Hanlon regarding Utica Street from the western

property line of 16 W. Tilghman Street (Parcel E) to 1 West Allen

Street

Report to the City Clerk and Allentown City Planning Commission -

Utica Street from N. Brick Street to its East Terminus

Staff Report - Utica Street from N. Brick Street to its East Terminus

Letter from Vicky Kistler regarding Allentown Planning Commission

decision on Utica Street from N. Brick Street to its East Terminus

Letter from Lehigh Valley Planning Commission - Utica Street from N.

Brick Street to its East Terminus

Utica Street Labels

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

public.

REFERRED TO THE PUBLIC WORKS COMMITTEE

15-5214

Bill 57 Refer to Public Works

Providing for the vacation of North Lumber Street from the centerline of

Clay Street to the centerline of Whitehall Street in the Eighth Ward of the

City of Allentown:

Administration

Sponsors:

Attachments:

Bill 57 North Lumber Street from the centerline of Clay Street to the

centerline of Whitehall Street

900 Block of N. Lumber and Refwal Street from Clay Street to Dead

End

Letter from the Lehigh Valley Planning Commission - 900 Block of N

Lumber and Refwal Street from Clay Street

Report to the City Clerk and Allentown City Planning Commission - N

Lumber Street from Clay Street to Whitehall Street

Staff Report - N Lumber and N Refwal Street from Clay Street

Letter from Vicky Kistler regarding Allentown Planning Commission

decision on 900 Block of N. Lumber and Refwal Street from Clay

Street

Lumber Refwal Labels

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

public.

REFERRED TO THE PUBLIC WORKS COMMITTEE

15-5224

Bill 58 Community and Economic Development, forwarded favorably

An Ordinance providing for the expenditure of certain monies received by

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

Development Act of 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.

Administration

Sponsors:

Attachments:

Bill 58 Expenditure of certain monies received by the City of Allentown

under Title I of the Housing and Community Development Act

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

public.

REFERRED TO THE COMMUNITY AND ECONOMIC DEVELOPMENT

COMMITTEE

15-5225

Bill 59

Public Safety

Amending the 2022 General Fund Budget to provide for a supplemental

appropriation of Thirty Seven Thousand Two Hundred and Thirty Seven

Dollars ($37,237) as a result from a grant from the PEMA, Office of the

State Fire Commissioner, EMS COVID-19 Recovery Grant Program, to

the Allentown Emergency Medical Services to purchase equipment.

Administration

Sponsors:

Attachments: Bill 59 EMS PEMA Grant 8-3-22

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

public.

REFERRED TO THE PUBLIC SAFETY COMMITTEE

15-5229

Bill 60 Special Committee

Amending the City of Allentown Code, Part II, General Legislation, by

adding Chapter 474, Regulating Rights and Actions, § 474-1, Buffer

Zones, creating buffer zones at hospital, medical offices or clinics engaged

in assisting patients and other persons entering or exiting such facilities.

Affa, Gerlach, Mota, Santos and Mr. Siegel

Sponsors:

Attachments: 1 Bill 60 Buffer Zones

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

public.

REFERRED TO THE SPECIAL COMMITTEE

Mr. John Milworth, Bright Hope Pregnancy Support Centers, stated that not

everyone who considers themselves pro life think the same way, have the

same mission, agenda, or take the same approach. Some protest, some

stand outside of the clinics, some educate, some try to get legislation

passed, and separate from all that, some just simply support women and

help women and men who wants to have a baby and want to give birth to

their baby. You can't attach certain positions from one pro life person or

group to another. Before ordinances or passed, it is important to know

what the truth is and what reality is. How many hospitals and abortion

clinics are there in Allentown that this 15 foot buffer zone apply to. Do we

know? What specific problem or problems have occurred that the Council

is aware of that would suggest that a buffer zone is needed. What is

exactly is the problem that Council wants to forbid or prevent. Do you want

to forbid a peaceful conversation that leads to a woman to resources that

she did not know existed to help her achieve her goal of becoming a

parent. Because that happens. Would a 15 foot buffer zone include a

public sidewalk? Preventing a citizen from its use, including speaking from

that sidewalk which both of those are Constitutional Rights. There have

been recent attacks and protests at pregnancy centers in Pennsylvania.

He stated that he is not aware of any on abortion clinics. Will you also

create an ordinance that would put a 15 foot buffer zone around pregnancy

centers. Why do you label pregnancy centers as limited services

pregnancy centers. Under Section 8 of Bill 61, the Council is essentially

saying centers will be scrutinized because they don't offer contraception or

abortions. He asked Council to seriously reconsider and the Mayor to veto

any bill that says that if you support pregnant people, you must provide

abortion and contraception. If you provide pregnancy support, you must

provide ending a pregnancy. That just does not make sense. That is under

the Section of Deceptive Practices. That is deceptive itself. They support

pregnancy, but will help you end one. What is really going on? How many

crisis Pregnancy Centers are in Allentown? He stated that he wants to

know, do they know how many Pregnancy Support Centers are in

Allentown. Does anybody know? He stated that he will take that don't

know answer as you don't know. We don't know. So we are going to

produce an ordinance that we don't know answers to. What deceptive

advertisements are you aware of? He stated that he can't think of any

advertising for Pregnancy Support Centers. What proof do you have on the

misleading information that has been given out to Crisis Pregnancy

Centers? Which Centers or Center is providing it? Finally, what criteria do

you use to determine which laws you ask the Police Department to

de-prioritize. What's the criteria? Ordinances are set in place to prevent

and restrict. Creating an ordinance just as something is happening or

going to happen. He is asking Council and all the other Magistrates to be

certain of the facts and know the truth before they go creating new

ordinances. He oversees a pregnancy center here in Allentown. He and

his wife have experienced abortion themselves when they were teenagers.

He was 18 and she was 16. They just celebrated their 35 wedding

anniversary this year. They have three sons now and everybody is doing

well. He stated that he speaks on abortion issues from experience. Their

Pregnancy Resource Center only provides medically verified fact based

information to their clients. He will be happy to meet with anybody who

wants to see the materials that we share. We have had clients that told us

that they were referred to them by the Allentown Planned Parenthood.

Would Allentown Planned Parenthood refer their clients to us if we give

misleading and false information. From time to time, women do not want to

have abortions find their way to an abortion clinic and somebody that is

outside of that abortion clinic gets to have a conversation with them. They

tell them about resources that are needed. It has happened. They come to

them and are happy parents now. They respect a woman's right to choose

what she wants to do. We never try to convince anybody to do anything.

We just give facts and tell them their rights and they decide. Although they

don't provide or refer for an abortions, they want every woman who does

choose an abortion to know that we don't judge her, we don't shame her,

and she is welcome to come back to them any time she wants if we

provide something she thinks will help.

Ms. Hannah Clark, 1739 W. Greenleaf Street, stated that she is coming to

Council as a four year board member of Planned Parenthood, They are

part of the board that oversees and assist the CEO and staff which

includes the Allentown Center. The Allentown Center which you all know

where it is located, right across from the PPL building. It is right on the

public sidewalk. Folks that are going to get all types of healthcare from

STD testing, to birth control, to pregnancy checkups, to abortions have to

go onto a public right-a-way to enter the building. It is incredibly unsafe and

dangerous and creates a habit to the environment for folks without a buffer.

They know that there is very strong opposition here in Allentown. They

show up often. They just don't show up and abortion days. They are

harassing patients and making patients feel unsafe. They thankfully have a

wonderful group of patient escorts who are able to assist those that are

receiving healthcare. All types of healthcare, including abortion. Abortion

is healthcare. They want to ensure that Council very much supports this.

They thanked Mayor Tuerk who came, visited and toured our center. She

invited anyone here, if you have not or if you are curious. It is a wonderful

facility. It is one of their busiest. All of eastern Pennsylvania, except

Philadelphia and they are providing all types of healthcare. She stated that

she just wanted to come up and provide her support and thanked Council

for considering this and to remind everyone that abortion is healthcare.

Ms. Margaret Housler, 1406 Hamilton Street, expressed her sincere thanks

to Council that is looking at ordinances that seek to protect the rights of

women to make choices for themselves and to seek reproductive care they

feel appropriate for themselves. She takes particular note of this ordinance

which is really critical. We need to create a buffer zone given the particular

location of our clinic in Allentown and for that reason, she fully supports this

proposed ordinance. She has witnessed the harassed that occurs and the

bullying that occurs outside of that clinic. While she respectfully agrees that

every person is entitled to their personal believes, no one in the city has the

right to harass and to bully others. For this reason, she supports the

creation of this buffer zone and feels it is really necessary.

Ms. Maggie Sweet, 3830 Macintosh, Orefield, stated that she has also

experienced an abortion. On December 13, 1985, she had an abortion.

Not only did her daughter died, but her soul died as well. She shared her

story with a young girl 20 years ago looking to having an abortion. Trying to

spare her from a lifetime of pain. She decided to choose life and from that

day on for 20 years, she has been a peaceful Spanish advocate here at

Planned Parenthood. The before and aftercare they provide will never

make the media, but will remain in our hearts, the families hearts, and even

on several occasions the hearts of previous Planned Parenthood workers

because in that time for years, she has utilized her first amendment right

peacefully to Counsel on the same taxpaying public sidewalk that local

workers shop, ride, and the entire public use. She has on several

occasions even shook hands with some of the escorts. They have on many

occasions paid salaries to previous Planned Parenthood workers,

provided them with jobs, some of the workers have joined them, and there

have been baby showers that they have had. They have had personal

birthday parties for some of your previous Planned Parenthood workers.

They have even eaten with them and invited them over for Thanksgiving.

Last month, they provided rent for several of the women who chose life.

They have had four baby showers in one day. Each one of these women

are supplied with cribs, strollers, walkers, and over the years baby

supplies. They are constantly invited to these children's birthdays as they

have become their family. She stated that tomorrow, she will spending

time with this young girl who just chose life try to find a job after we just paid

her rent. She has experienced profound miracles. For example, she

befriended a friend who is also ready to speak and give her testimony.

She started bleeding after she left Planned Parenthood several years ago.

For two months she bled because she still had tissue. Her name is Winnie

and she is not afraid to say that because she told her to make sure she

includes her name. One day while hospitalized, she had her on the

speaker and was literally walking to Planned Parenthood to see if she

could counsel anyone and had her on speaker. Talk about miracles. A

young girl was leaving Planned Parenthood and was prepared for her

abortion the next day, she began to counsel her. Winnie was still on the

phone and asked who she was speaking to. She shared the name of the

young girl and miraculously Winnie knew who she was and they saved

another baby.

Ms. Victoria Nally (sp), Norristown, stated that the picture she just showed

Council is the result of them able to go ahead and speak. They go ahead

and have the ability to speak with women. She is a poster board of women

and will be 67 this year. If she had women speaking to her and told her

about different options that her mind would have changed. When you look

at these things and look at people coming up here and telling you that

pro-lifers are harassing and bullies. What would Jesus do?

Mr. Mike Israel, South Whitehall Township, stated that John the first

speaker answered a lot of the questions. There were still a few that he had

questions about. On Bill 60, like every other Bill, there is no purpose given.

There is no reason given. What was the reason for this specific Bill. It

does not have a specific problem to be addressed like all the other

ordinances that are typically passed. Where there evidence of specific

issues that have gone on before? If they were, are they narrower solutions

addressing the specific problems head on as opposed to a buffer zone

restricting free speech in a certain area or perhaps a certain type of

speech. This might be similar to a picket strike. If someone were to cross

to the picket and the protesters and union members were to get upset and

call them a scab or traitor would that also be a similar thing that the city

would be concerned about. If not, why wouldn't they be concerned about it?

Is engaging someone on the street to talk to them is something that the city

should be concerned about? Politely educating and stopping someone to

talk. He thinks that the city needs to address its concern, to write them

down and see if there could be a narrower solution that everyone can come

together whether there is a noise ordinance or people bothering

somebody. Think about a solution within the confines of solving the

problem that the city and he does not know the problems that the city is

having, identifying the problem and seeing if it could be a narrower solution.

Ms. Cynthia Mota stated that before they continue if you have materials or

pictures, please give it to Mr. Hanlon.

Mr. Jacob Stofko, 1040 S. 12th Street, stated that he is here to just to talk

about creating a buffer zone. Sure for hospitals and medical centers, but

then if people want to protest at some offices or restaurants. He stated that

he goes to a lot of demonstrations and he would hate to see him not

allowed to demonstrate in front of his representative offices. It starts little. It

is like the old cookie jar, if he steals a cookie and now he will take this and

take that. That is going to happen with this. We will end up creating buffer

zones all over the place and will not have a right to express their opinions.

Ms. Maria Martinez, OBGYN Research Fellow, stated that she has been

looking into the research in abortion and mental health because that is her

particular interest. She read the association between abortion and higher

rates of anxiety, depression, substance abuse, traumatic symptoms, sleep

disorders and other negative outcomes is statistically significant in most

analysis which means that some women will be hurt by abortion. They will

not be helped. The people that stand outside of Planned Parenthood

Clinics are helping those women that are most likely to be hurt by abortion.

By doing this Bill we are putting women at risk. We are not helping them in

any way because there is nobody that is going to tell them there is just

another clinic that others pregnancy resources that are completely free for

you. She might not know and might have an abortion because she did not

have money to have a pregnancy when the pregnancy resource center had

the money to help her. Having this buffer zone is not helping anybody. It is

not helping America. It is not helping Allentown. She stated that she knows

this for a fact that most research already shows that mental health and

abortion are very closely related. She stated that they need volunteers.

She does not call them advocates because nobody is paying them their

time. They are doing this on their time and on their own, sometimes no

payment from work to be there for these women to say that they are here

for them. Is there anything that they can do for them and can they help you.

She stated that she has never experience anyone bullying somebody in the

clinic. She has not been there that many times, but has to accept, but the

times that she has always been there, they have always been respectful

and loving to all of them. If they go inside, no one says you kill your baby.

They say it's ok. It is your decision. We still love you if you decide come

out, we will be here and can talk about the resources that we have. She

stated that she does not think that this will help anybody. Not even at

Planned Parenthood.

Mr. Pas Simpson stated that he greatly disagrees that they are saying that

the buffer zone won't help anyone. As someone who is an expert in

violence, we don't want to give anyone an opportunity to create violence. If

we can create space where these women can get education and be safe

along the way that is great. But, putting them in a position where they can

be compromised at any moment, is very dangerous. We don't want to give

somebody the opportunity and allow somebody to have just a split moment

to be off. It is a second to make a bad decision. If these women have their

buffer zones, and stated that he is not pro life or pro choice, he is

pro-safety. These women having these buffer zones gives them a chance

to have to deal with an additional pressure. He asked that the advocates

that fight for pro life also fight for the living. After the birth, there is 18,19

years that happens after that. Poverty is striking in our city. He doesn't

see people fighting for the same things for the kids that are living. There

are real things that they are facing in the city. If you can give a woman the

opportunity to make a decision safely in her own peace of mind. He

agrees that these people should give some form of information because

some woman may come into a situation uneducated, but they should not be

there in a space and a place where they need to make their most critical

decision. That is up to that woman. Council should continue to push

forward to find a buffer zone. Because the last thing you want to do is not

be in a place where you provided safety for a woman who might already

been in a bad position. She might have been raped, she might be going

through something that no one knows and you are allowing other people to

badger her. Just ask.

Mr. Tim Ramos, Allentown, stated that he is forced to disagree with his

dear friend Mr. Simpson. The idea of re-crime is a violation of our

Constitution. We cannot do things in the idea of what might happen. One

of those things and those members of Council that does know him knows

he has a different approach to some of these issues. He is not

approaching it from a pro life issue. He is not approaching it from a pro

choice issue. His approach is simply the Constitution and freedom of

speech. He witnessed members of this Council protest for their freedom of

speech. He respects their ability to protest for your freedom of speech.

Protest and let your voice be heard. What he witnessed down on Ninth

Street is people praying quietly. He has witnessed it day in and day out.

Those of them that knows him knows that he had an office just right around

the corner and ate lunch right at Rodriquez Bakery which is right next door

almost every single day. He stated that what he witnessed first hand were

people standing in silence. People standing and praying. Beyond that they

were there to receive people. They are going in and coming out and help

them with a mental health issue which is a very serious issue. The member

of Council some who sponsored this Resolution being introduced would

consider setting a precedent that he would not support to be pushed

against you. If he would not support it being pushed against them and

know that many of them disagree on political issues and he would stand

right beside them and fight for their freedom to speak and would hope that

those of them of Council will honor our Constitution, our US Constitution

and our state Constitution which gives all of us the right to be heard.

Remember that the precedent that can be set is that today is 15 feet,

tomorrow is 20 feet, 30 feet, around the corner and even right to your

doorstep. Would we be fighting a fight against the encroachment of your

constitutional rights in 20 to 30 years if this dais flips the other way. He can

tell them that if there was an extreme right radical sitting in the seats that

you guys hold trying to encroach on your rights all of you that know him

knows that he will be standing here fighting for your ability to speak, to be

heard, and to issue a grievance. He is hoping that they will not be

hypocrites on this dais. Express and practice your freedom of speech and

violates the freedoms of others.

Ms. Cindy O'Brian, Bethlehem Township, stated that she has written

several Op-Eds for The Morning Call regarding abortion and pro life

issues. She stated that she knows some of the people here. She has

written about the Bright Hope Pregnancy Resource Center. She has

interviewed sidewalk counselors who has gone to Planned Parenthood and

who have met pregnant women and actually helped them. These women

when they actually went to Planned Parenthood didn't really want an

abortion, but they did not know where else to go. The availability of

sidewalk counselors (loosely referred to as protesters), but some of these

people are very well qualified. She knows a woman that almost has a

master's degree in counseling and therapy. She is very well qualified to tall

to women out on the sidewalk. In fact, she thinks that she is more highly

qualified then some of the people that she might meet in Planned

Parenthood. She stated that she wants to emphasize that many of the

people who are on the sidewalks trying to reach out to pregnant women are

highly qualified people. They have master's degrees. They are teacher's.

They come from a wide variety. Just like the lady that was here who is a

doctor or working on a medical degree. There is a wide variety of people

who goes to Planned Parenthood to reach out to women in crisis

pregnancies. The other point that she would like to make is that very often

pregnant women in crisis pregnancies are only counted to have abortions.

That was her case when she had her third son. The doctor thought he had

down syndrome and counseled her to have an abortion. Then she had to

go to a specialist and the specialist counseled her to have an abortion.

Even when the test results showed that the baby did not have down

syndrome, the doctor still wanted her to have amniocentesis to prove to

himself that the baby did not have down syndrome. The doctor just did not

want that baby to be alive if he had down syndrome. That happens all over

the world. She stated that her baby was healthy. She is happy to tell them.

The fact that nobody gave her an alternative. No one said this treatment is

available for your baby. None of those doctors did. They all wanted her to

have an abortion. Getting back to the sidewalk counselors, there are

women who need to hear the alternatives to abortions and that is what

these sidewalk counselors do.

Mr. Reggie Pearce, 1066 W Wyoming Street, stated that Mr. Simpson is

right. The solution is really bad. He said that you can't let a woman in any

situation be somewhere where she is in danger. Well, you know where that

is, Saudi Arabia. When you lock women indoors and you don't let them out.

That is the attitude that he expressed. Most of the opinions expressed here

is not about increasing women's freedom so much they are about keeping

women away from things. Protecting them and making them do what they

want to do and that is not right.

Ms. Nancy Skok, 1332 Fairview Street, stated that all due respect to the

Council, some of the speakers they had are confusing you with the

Supreme Court. We are talking about a 15 foot buffer. She stated that she

is 5'4 1/2. Three of her is all they are asking for. She doesn't think that is

so much to ask for. We can't say they can't stand outside to counsel

women. She stated that all they are asking is to give them a little bit of

space and three of her is not such a terrible thing to ask for.

15-5230

Bill 61 Special Committee

Amending the City of Allentown Code, Part II, General Legislation, by

adding Chapter 474, Regulating Rights and Actions, § 474-2 Regulation of

Deceptive Advertising by Limited Services Pregnancy Centers.

Affa, Gerlach, Mota, Santos and Mr. Siegel

Sponsors:

Attachments: 2 Bill 61 Regulation of Deceptive Advertising

Women's Law Project

Ms. Cynthia Mota stated people were referring to Bill 61. She asked if

there were any questions from the dais or the public.

Mr. Reggie Pearce stated that reading through this it seems like the

verbiage of this Bill is basically just a limited subset of the Pennsylvania

Unfair Trade Practices Act. It clips a little bit out of that Bill and puts it in a

Bill for the city of Allentown. It seems to him that the intent is to create a

local board that can be closer to the citizens and listen to their concerns

and address them better. It is a good idea. He thinks Council is over

complicating it. If you just cross-out most of the words in the Bill, it works

just as well. If you say in paragraph B, no center with the intent to perform a

service shall make or disseminate for the public or cause or may

disseminate before the public any newspaper or any publication or

advertising device in any manner including but not limited to the internet any

statement, any service or position or any service that is deceptive whether

by statement or mission or reasonably knowing should be deceptive. That

is good and something we should take care of. We should not be letting

people in the city of Allentown be advertising deceptively and we do not

need to define pregnancy related services. We don't need to define

anything about examining tables because we should be taking care of

everybody in the city of Allentown. You are right, going through the state

and having to go to the state means that you are going through an extra

step. You are not necessarily getting you concerns heard and the state

does not necessarily know what is most important here. Giving the narrow

state of this, and the lack of any supporting evidence stating that is really

our highest concern here in the city when it comes to fraudulent advertising,

he questions whether Council knows what the highest priority is or is it

really the responsibility of Council to define what the highest priority of an

agency to investigate complaints of deceptive advertising is. He advised

that they create the agency proposed and give them a broad latitude,

instruct them to respond to complaints, that most often comes up to the

community. There are many things in the city of Allentown that we can

complain about. The Attorney General's office knows his wife pretty well

because she complains about the utility suppliers a lot. There are things

like that. People come to your door and say you get a gift card if you just

show me your utility bill and they sign you up for a service. They come to

the neighborhood and know people are impoverished and those people do

not know where to turn when they are being deceptively advertised. He

supports Council decision, and intention to provide a local board to

respond to complaints about fraudulent advertising. He asked Council to

broaden the scope. If Council insists making it about pregnancy centers,

he thinks the definition of a limited pregnancy center should be one that do

not provide prenatal care, ultrasounds, contraception or abortions.

Mr. John Milworth stated that on this particular issue on deceptive

practices, he totally agrees on what was just said about they already have

regulations that prohibits deceptive advertising. This is targeting the way it

is written and the definition where you define limited services pregnancy

centers as one who must provide abortion information, abortion referrals,

and contraception. Now, you created a definition and in this deceptive

practices part, this is just targeting limited pregnancy centers which you

have put them in that box. They already experienced fake reviews online

and fake clients coming into our pregnancy support client asking very odd

questions, trying to see if they can extract something from us that they can

use against us. Two years ago, there was a group that came into the

community in Lehigh Valley and they held an event trying to gather people

who will go out and protest in front of a pregnancy support center. What

they were telling people to do was to take your cell phone, your recording

devices and try to find something that they said that isn't true and report it to

the local news organizations. He stated that by targeting them this way,

they are just setting them up for somebody to come in and lie and fill out a

fake complaint that puts them in unnecessary scrutiny and investigation.

He asked Council to consider that.

REFERRED TO THE SPECIAL COMMITTEE

15-5231

Bill 62 Special Committee

Amending the City of Allentown Code, Part II, General Legislation, by

adding Chapter 474, Regulating Rights and Actions, § 474-3 Enforcement

Limitations Regarding Bans of Certain Reproductive Health Care

Services, adding a provision that if abortion ever becomes illegal

nationwide or in the Commonwealth of Pennsylvania, the Council of the City

of Allentown instructs all city officials and law enforcement agencies to

deprioritize enforcement of any abortion-related crime to the fullest extent

possible.

Affa, Gerlach, Mota, Santos and Mr. Siegel

Sponsors:

Attachments: 3 Bill 62 Enforcement Limitations

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

public.

? asked what is the criteria that you used that police and law enforcement

should de prioritize a law. What criteria did you use to determine a law

should be de prioritized.

Ms. Cynthia Mota stated that this is not a question and answer. This is your

time to speak.

Mr. Jake Stoko stated that he doesn't think the city of Allentown does not

have the right to change. That is the state legislatures, and governors.

They are the ones that make the laws. We have to follow them. We can't

make special privileges saying that we are not going to accept that law.

We are going to do it our way. It is the same thing with other laws that they

tried in Allentown. We are making our own rules on this. There is a second

amendment rule. The city of Allentown is not allowed to do it. The city of

Bethlehem was not allowed to do it. You are trying to do the same thing

with this abortion thing. If the state says that abortion is not allowed, you

are going to say well, Allentown is ok. You cannot make your own rules.

You have to go by the state law and the Pennsylvania Constitution.

REFERRED TO THE SPECIAL COMMITTEE

15-5232

Bill 63 Special Committee

Amending the City of Allentown Code, Part II, General Legislation, by

adding Chapter 474, Regulating Rights and Actions, § 474-4 Protection of

Reproductive Health Care Services Providers from Out-of-State

Investigation or Prosecution for Providing Legal Abortion Care.

Affa, Gerlach, Mota, Santos and Mr. Siegel

Sponsors:

Attachments: Bill 63 Protection of Out of State Prosecution

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

public.

Mr. Seth O'Neil stated that on behalf of Mayor Matt Tuerk, the

administration supports a woman's ability to safely access her reproductive

healthcare needs.

Mr. Tim Ramos stated that he is just rewarding as it is being introduced.

Council is stepping out of their depth. That is the job of the District

Attorney. There is no difference then when the Resolution was introduced

then passed to basically decriminalize marijuana uses in the city of

Allentown in the last couple of years and we face the same issues. He

stated that for him, it is a procedural issue and Council is getting in over

their heads. You are stepping into the driver seat of the District Attorney

and our police. He stated that they are opening the city up for lawsuits and

a big headache. Whoever the District Attorney is and with the District

Attorney we have right now is very strong headed and will definitely push

back on an encroachment on his office. You were elected and so was he.

Just consider that.

Ms. Margaret Housler, 1426 Hamilton Street, stated that she is in support

of this Bill as presented. She stated that she is in full agreement that no

officer of the law in Pennsylvania should in any manner assist law

enforcement officers of another state in preventing any woman in the United

States in seeking reproductive care that is legal in the Commonwealth of