Several area contractors urged Luzerne County Council Tuesday to reject a “responsible contractor” ordinance that would require prospective contractors to participate in apprenticeship programs and meet other conditions to perform county construction projects over a set dollar amount.
The ordinance would require introduction by at least four of 11 council members to advance to a public hearing and vote at a future meeting when a majority vote is required for passage.
County Councilwoman Brittany Stephenson proposed the ordinance, saying in a release it is a “major reform in public contracting” that would “protect taxpayer dollars and strengthen the local workforce.”
A council majority had terminated the county’s last responsible contractor agreement at the end of 2015.
Critics say these agreements decrease competition and increase public spending on construction, while advocates say such pacts create a level playing field and prevent nonunion contractors from using unskilled or underpaid workers.
Attorney Robert Gawlas, general counsel for Hayden Power Group, said the ordinance will have a “crippling effect” on small businesses.
James Solano, president of A. Pickett Construction Inc., said this type of ordinance is “exclusionary” and has had detrimental effects in other areas.
Bernard Banks, of American Asphalt, said most of his construction employees have decades of experience, and new employees are screened and trained by experienced staff and supervisors.
“Please vote against this. It makes no sense whatsoever,” Banks told council.
Scott Linde, of Linde Corporation, provided council with a list of contractors responding to recent bids and said he does not believe any of them would be submitting bids if the ordinance is implemented.
In contrast, union advocate Warren Faust argued these agreements “prevent exploitation,” have been successful in other areas and will ensure apprenticeship programs continue in this region for years to come.
Stephenson’s three fellow Democratic council members — Jimmy Sabatino, Patty Krushnowski and Joanna Bryn Smith — already expressed support for the ordinance.
Stephenson said Tuesday she welcomes all input because it is a “living, breathing document” for the future.
Council Chairman John Lombardo said he will keep an open mind but has some concerns. For example, he said the minimum for projects to fall under the ordinance would have to be increased from the proposed $100,000 to a new $250,000.
Council Vice Chairman Brian Thornton said council members received emails critical of the ordinance, and he predicted its implementation would lead to litigation.
“They all rise in opposition to this because they say it will preclude bidders from bidding on contracts,” Thornton said.
Councilman Gregory S. Wolovich Jr. said he wholeheartedly supports apprenticeships but not mandating them to obtain county contracts.
“We can’t be excluding people,” Wolovich said.
Councilman Kevin Lescavage said mandatory performance bonds for contractors are the solution to protect the county if there are worries about shoddy work.
Councilman Harry Haas said he cannot support the ordinance and views it as “discriminating against free enterprise.”
Krushnowski said she is behind the ordinance “to protect the everyday worker.”
Sabatino said this is an opportunity to start the discussion and “build our workforce for the future.”
Election task force
Several citizens raised concerns during public comment Tuesday about the composition of the county administration’s new elections task force, primarily because it has more Republicans than Democrats.
County Manager Romilda Crocamo created the task force to identify state election law problems and seek legislative action. Likely topics include mail ballot drop boxes, voter registration mail ballot application deadlines and on-demand mail ballot voting.
The following task force members were initially announced: county Administrative Services Division Head Jim Rose, council members Lombardo and Krushnowski, county election board member Rick Morelli, and citizens Michelle Rothenbecker, Linda Joseph, Debra Jordan and T.J. Fitzgerald.
Crocamo said during Tuesday’s council meeting that three residents who previously filled Democratic citizen seats on the county election board were also added to the task force: Thomas Baldino, Peter Ouellette and Audrey Serniak.