Lauer: Brown's $72k No-Bid Contract Contrary to Administrative Code

Northampton County Executive John Brown has signed an Executive Order for a no-bid contract with DLR Group for a master plan for a new jail. I told you earlier this week that he may have avoided the competitive bidding that would otherwise be required under the county's Administrative Code. At Council's June 1 meeting, Council Solicitor Phil Lauer agreed. In addition to being an improper "sole source" contract with no competitive bidding, Lauer advised Council that the Administrative Code requires that contracts for professional services must go through some type of bidding process.

Council President John Cusick told Brown that a jail study is sorely needed, "But I can't help wondering if a step was missed in the process, and that step would have been to put out an RFP [Request for Proposals] right at the beginning."

"I could understand putting out a bid just for the exercise," said Brown. "I don't think it's an exercise," countered Matt Dietz. "I think that's how we're supposed to run things."

Peg Ferraro was troubled, too. "I just don't understand how you can have a design without having a site selected," she said. "To me, it sounds like you've already decided you're probably going to have it in green space, probably out at Gracedale, instead of a high building like out at Lehigh County."

Brown agreed that he's already ruled out a high rise. He said the cost would be "exorbitant." He later said he's looked at a dozen different sites throughout the County.

"I agree with the Executive," said Mat Benol, who has been one of Brown's most faithful rubber stamps. "I think we have to trust the expertise of [Director of Corrections] Keen.

"It seems like we're so married to DLR at this point that DLR will be the design firm, complained Hayden Phillips.

"I'm not wed to anybody," responded Brown, which will be news to his wife.

"I have a problem with this not being competitive," said Hayden Phillips. "I think we should have followed the Administrative Code." He called it an "issue of efficiency vs. transparency. ... Transparency makes me want to have a bid on this. Open it up."

Brown said competitive bidding in this instance "is just a waste of time and energy."

"It should be competitive," said Bob Werner. "We should look into some local people who can build."

Will Council sue? "I just don't like it when two branches of government are in litigation," said Council Prez John Cusick. A majority of Council was critical of Brown's failure to seek competitive bidding, but are unwilling to stop him in Court.

Blogger's Note: This report is based on a video of the meeting.I was at Summer League basketball, where Allentown Central Catholic's Vikings are now 3-0 after defeating Liberty, Becahi and Nazareth.  

Controller: Time to Revise Administrative Code

Steve Barron

Right after Solcitor nominee Ryan Durkin was finished telling Northampton County Council how easy it is to "apprehend" a Home Rule Charter and Administrative Code, Controller Steve Barron presented a long overdue audit of the Code's procurement provisions. His conclusion is that they "are unclear, inconsistent, and in some cases, overly restrictive." Given the fact that there have been at least four lawsuits in recent years regarding how the County's process for goods and services, Barron is obviously correct.

Barron is recommending the formation of a committee to revise the Administrative Code. This was supposed to have started last year, but never did. Maybe this year.

NorCo Council Rejects Increased Contract Oversight

Brown and cabinet members sit at prosecutor's table

A divided Northampton County Council last night rejected an Ordinance that would dramatically increase their oversight over contracts. Currently, they must approve contracts in excess of $100,000, but Lamont McClure wanted it reduced to just $10,000.

This proposal failed along party lines after council members traded barbs.

Lamont McClure accused the administration of already wasting thousands of taxpayer dollars on contracts like one for Integrity personnel, which was paid $24,000 to help Executive John Brown find a cabinet. He noted it took Brown seven months. "What kind of public value was there to that?" he asked.

What rankled Republicans was McClure's additional accusation that they are all "complicit in allowing public money to be used for political work." As public relations consultant Kim Plyler shook her head, McClure read an excerpt from an email to Brown, in which she referred to someone as heavily involved in the GOP. A few other emails indicate that Plyler took notes for a fundraiser and met with Brown in his County office to discuss the matter.

Brown previously has strongly denied any impropriety.

McClure insisted Council needs to do more than simply alert authorities. "It should be us who takes care of this," he argued.

Republicans were appalled. "We have a good deal of witch hunting going on right now," remarked Seth Vaughn. Glenn Geissinger was more direct. Addressing McClure, he said, "As an attorney, I find it appalling that you would accuse a man without the proper foundation."

Knowing this was a loser, Werner proposed an amendment allowing to allow the Executive to have authority over contracts under $25,000. That failed in a 5-4 vote, along party lines. Then Ken Kraft suggested a $50,000 amendment, which met the same fate.