Opposing views aired on Luzerne County’s proposed ‘responsible contractor’ ordinance

Luzerne County Council’s legislative committee invited two citizens with opposing views on a proposed “responsible contractor” ordinance to sit with them Monday and express their concerns.

The ordinance, which has not yet been formally introduced, would require prospective contractors to participate in apprenticeship training programs and meet other conditions to perform county construction projects over a set dollar amount.

Speaking first, James Solano, president of A. Pickett Construction Inc., presented a series of complaints about the ordinance, which he has described as “exclusionary.”

The name alone — responsible contractor — insinuates companies that have performed work for county government are irresponsible, which is not the case, he said.

He said the county would be unnecessarily “adding roadblocks” for contractors, noting the county already requires performance bonds to recoup funds if work does not meet standards. The ordinance’s stated goal of safeguarding the county could be measured through examining insurance ratings of prospective contractors, he said.

Solano also questioned how contractor requirements listed in the ordinance will be measured and checked.

The minimum for projects to fall under the ordinance is proposed at $250,000, but Solano said it should be increased to $1 million.

Speaking next, Warren Faust, president of the Northeast PA Building Trades, voiced strong support for the ordinance, saying the use of apprenticeships will strengthen the county’s workforce for the future.

Faust disagreed the ordinance excludes non-union companies. He said there are 496 registered construction apprenticeship programs in Pennsylvania — 140 union and 356 non-union.

He reiterated the ordinance does not create a litigation risk because it was modeled after one in Northampton County, which was challenged in court and upheld.

Councilman Gregory S. Wolovich Jr., who chairs the committee, invited others in the audience to weigh in.

Dennis Campbell, of Heim Construction Co., presented a series of documents already required for county bidders and said this information provides everything the county needs to determine if a contractor is responsible.

Campbell said elected officials should be focusing on the “biggest threat” to construction companies, which he described as the under-funding of trade schools that has resulted in waiting lists.

Scott Linde, of Linde Corporation told the committee he still believes the proposal will significantly shrink the number of bidders for county projects. If the ordinance advances, he suggested conducting a pre-qualification review of past bidders to determine which companies would meet requirements before an ordinance takes effect.

Council members Joanna Bryn Smith, Jimmy Sabatino and John Lombardo also serve on the committee and raised numerous points during the two-hour session. Councilwoman Brittany Stephenson, who proposed the ordinance, took detailed notes and said she will work on proposed revisions based on the feedback.