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Nazareth, Pa., United States

Tuesday, December 31, 2024

Will Trump Support 10% Cap on Credit Card Interest Rates?

According to the New York Federal Reserve, American credit card debt was $1.17 trillion at the end of September, the highest level of debt since the Fed began to track it in 2003. Moreover, credit card defaults are at their highest level since 2010. Candidate Donald Trump proposed a 10% cap on credit card interest rates. But will President Donald Trump follow through?

Senator Bernie Sanders, the irascible Vermont Independent, has called on Trump to support legislation that would limit the grift that credit card companies charge. Given that Shadow President Elon Musk wants to ditch the Consumer Protection Bureau, my guess is that nothing will be done. 

Monday, December 30, 2024

NorCo Controller Finds High Dollar Purchases Lack Advance Quotes

Northampton County Controller's office recently audited the county's P-Card program, which essentially is a county credit card issued to some employees for purchases. The report, prepared by Auditor Amna Ehsan and approved by Controller Tara Zrinski, was generally positive. All approved transactions had the required receipts. There is no evidence that anyone tried to circumvent the P-Card program. And no retired or resigning employees remained in possession of a card. The Controller did, however, raise a red flag about high dollar purchases (over $5,000). 

Of 16 high dollar purchases (over $5,000), 15 lacked the required quotes. They were for legitimate purposes. 

Friday, December 27, 2024

Reynolds Explains Why Bethlehem Is In Debt and How It Has Been Reduced

I've been critical of Bethlehem Mayor Willie Reynolds over the years. When he ran against Bob Donchez for Mayor, I supported Bob. When he ran against the late John Kachmar, I supported John. I am the person who pointed out his former heavy reliance on contributions from developers, a practice he subsequently stopped.  I blasted his policy on access as nontransparent. And I was highly critical of his 2024 budget, which included a tax hike. But fair is fair, and I commend his 2025 budget. It continues the trend of reducing city debt, which was started by former Mayor John Callahan and continued by Donchez. 

Over the past 10 years, Bethlehem's long-term debt has gone from $171 million in 2015 to $88.5 million today. Mayor Reynolds plans to knock it down even more, to $56 million by 2028.

Dana Grubb, who opposed Willie in the primary and then supported Kachmar, was a little less enthusiastic in a comment. "Why did the debt exist/what was it incurred for? How many city positions have remained open and what is the impact on city services? Borrowing for capital improvements and paying debt off over the anticipated lifespan of those improvements makes sense, and given the deplorable condition of parks like Saucon and Monocacy at Illick's Mill, many city streets, the Payrow Plaza paver surface, etc. not making needed improvements is just kicking the can down the road. And yes, how much of the federal money has been used to pay the debt down instead of maintaining city facilities and streets?

The person in the best position to answer these questions is Reynolds himself, so I asked him. Here's his response:

City debt grew after the closing of Bethlehem Steel in the 80s and 90s. Less revenue coming in meant it was tougher to pay salaries, pensions, medical, etc. The City back in those days also had less money to pay for capital needs like street repavings. Debt grew as the city necessarily had to finance needs both on the pension obligation side and on the capital side.

When I got on Council in 2008, we routinely borrowed every few years to work on the city's capital needs. But the good news is that by this time we were already paying more down in debt than we were taking on. For example, our annual debt payments may have been $8 million but we were borrowing $5 million (every other year) during those 2000s years. Paying down more than we were borrowing was good, but we obviously wanted a future that was even better, and we have accomplished that. The last time the City borrowed for our capital needs was 2019. The every-other-year borrowings would pay for new fire trucks, new public works equipment, paving funds, etc. They would generally be approximately $5 million dollars. But when we borrowed the $5 million the city obviously had to pay it back with interest, so the long term cost to the taxpayer is $6-$7 million depending on interest rates. We were able to avoid this equation from 2019 to today with the ARPA dollars.

Out of $34 million we received in ARPA, we used $6 million for street overlays (2022-2025) and $12 million for other capital needs (2022-2025). By spending that $18 million on capital needs WITHOUT borrowing (as most cities do), we were able to avoid any NEW debt and interest payments for at least six years (2020-2025 but we probably won't borrow till 2028) while also making significant progress in our capital needs. Our progress on street overlays can be seen here. In 2024 and 2025, we will have 50 lane miles of roads, which is up from 29 lane miles in 2020 and 2021. I also attached two slides laying out how we used the ARPA dollars to increase our street repavings. I also attached a full picture from 2022-2025 of our capital needs projects/purchases that we completed (two firetrucks, two ambulances, etc.). Those are the same documents in our official budgets. I also included a slide that shows the approximately $25 million the taxpayers in Bethlehem are saving by not having to borrow thanks to ARPA. We essentially took $18 million and turned it into $25 million (by avoiding new debt). We didn't take the ARPA dollars and "pay off" any debt. We used the money to pay for capital needs and paving roads RATHER than borrowing new money to pay for these expenses and add to our debt (which is what we did up until 2019). So we have kept making debt payments while not adding any new debt. This is reflective in our bond rating of AA- which is the best of any of the top ten population cities in the state.

We are excited about all of this and what it means for our parks and trails in particular. We have completed several truly fantastic recreational projects over the last several years. The Greenway, our new Memorial Pool, new Fairview Park in West Bethlehem, $200k in improvements in Saucon Park, Monocacy Way Trail Phase I connecting Illick's Mill to Union Blvd (Phase II coming in 2025 that will connect to Sand Island and the D and L Trail), and a brand new Friendship Park in 2025 just to name a few. These projects, however, have primarily relied on grant funding rather than substantial city general fund dollars. Now, with our rapidly decreasing debt, the City should be able to make even more progress on even more of our parks. We are launching a Parks Master Plan in 2025 that will look to improve the programming and facilities systemically. Many of our 25 neighborhood parks were built in the 40s and 50s, and the Mayors and Councils for the last 70 years were not in a financial position to make year-over-year line item general fund improvements in the park system because of revenue pressures associated with the decline of the Steel. Now, that we have taken our debt from $170 million in 2015 to $88 million in 2025 and $55 million by 2028, we will see substantially lower debt payments (which can be seen in attached slide on our debt schedule) and the capacity for future Mayors and Councils to fund our park system systematically in a way that will not solely rely on grant funding (even though we are still having great success in securing those grants).

Reynolds subsequently added that "[w]e have a few vacancies in our Streets Bureau (strong job market will do that) but they are not intentional if that was the implication in [Dana's comment]. We are not leaving jobs open to take those savings to pay off debt. We hite those candidates as soon as they apply and pass backgrounds, etc. That vacancy factor just gets returned to the cash balance at the end of the year. And we don't use our cash balance (savings account equivalent) as a source of sustainable revenue for things like debt service."

I have no doubt that this response will lead to more questions, but it's clear to me that Bethlehem is on the right track with what essentially amounts to a fiscally conservative approach to finance. 

Thursday, December 26, 2024

Trump Chaos Already in Full Force

Although he's still on the sidelines waiting for his number to be called, President-elect Donald Trump is already doing what he does best - creating chaos. After nearly causing a government shutdown last week, he posted several "Christmas" messages (1) condemning the 1977 Panama Canal neutrality treaty; (2) slamming Canada "Governor" Justin Trudeau; and (3) claiming we need Greenland for national security.

Monday, December 23, 2024

NorCo Council Race Update:

In late November, I told you that the terms of five at-large seats on NorCo Council will expire at the end of next year. Those five members are elected countywide as opposed to a specific geographic area. The five current at-large members are Council President Lori Vargo Heffner, VP Ron Heckman, John Brown, John Goffredo and Jeff Corpora. None has announced plans to seek another term. If they do, they'll have company. Those who are interested in seeking a position include Nadeem Qayyum (announced), Tom Gilmour (Facebook page), Patti Bruno, Leslie Altieri, Wind Gap Borough Council member Jason Boulette (announced) and union leader Paul Anthony.

"If Lori runs for council - I will challenge her. You can quote that," says Patti Bruno, who in 2021 finished 7th of 10 candidates for 5 seats. Lori Vargo Heffner finished 2d. 

Siegel Definitely Running For LeHi Co Exec

Earlier this month, I told you that State Rep. Josh Siegel intended to run for county exec in Lehigh. He's relying heavily on support (and lots of money) from the trade unions, but you'll see nothing from firefighters or police, whom he alienated during his brief tenure as a member of Allentown City Council. According to Lehigh Valley News, he's now made it official. That's no surprise, but I am disappointed to see that he already has the backing of incumbent Phil Armstrong. He knows better. Siegel is a carbon copy of Controller Mark Pinsley, who stands for partisanship and divisiveness. 

Lehigh County at one time was more Republican than NorCo, but that has changed. Unless a decent Democrat or a viable Republican announces, he's going to win on a platform of walkability and amenities. Translation: build, build, build. 

Friday, December 20, 2024

NorCo Judges Want Witnesses in Former Custody Master's Federal Lawsuit to ID Themselves on Criminal Arraignment Day

Yesterday was arraignment day in Northampton County Courtroom #1. That's our historic and ceremonial courtroom, with portraits of scowling dead judges littered along the walls between colossal windows and a ceiling that rivals the Tower of Babel in size. The well of the court has plush carpeting and a mammoth mahogany bench for the court en banc, although there are now more judges than room for them all to sit there together. There's an ornate jury box with cushioned chairs. The well also includes a ring of cushioned chairs and a few benches at which lawyers can be seated. Everyone else is an untouchable and must sit in one of many hard wooden pews that make their way from the well to the back. It's very much like a church, except the priesthood consists of judges and lawyers. When a robed judge marches in, everyone must rise until told they may be seated. During yesterday's arraignment, 33 pages of criminal defendants were formally notified of charges against them and were asked how they intend to plead.  It's a cattle call but can be very intimidating for people stepping foot inside a courtroom for the first time. Yesterday's call of the list (which is what arraignments are called) may have been intimidating for some lawyers as well. 

Judge Sam Murray handled yesterday's arraignment. But instead of starting off by calling the names of the numerous defendants, he had an announcement. At the request of the President Judge, he wanted two people who are named as witnesses in a federal lawsuit to identify themselves. 

This federal lawsuit in question is a civil rights action filed by former custody master Lissa Tresslar on April 5 against Northampton County Court alleging wrongful termination and retaliatory actions for her free speech in criticizing the way that custody matters were being handled. That matter is currently in discovery. 

Tresslar is currently employed as an assistant District Attorney, but her role insulates both her and the courts. She handles the numerous appeals before the Superior and Supreme Court and thus has no contact with the county judges. 

But yesterday, perhaps in an abundance of caution, the courts wanted two witnesses in Tresslar's lawsuit to identify themselves. Those two witnesses, like Tresslar, happen to be prosecutors. One of them was "devastated" after being publicly outed. Some attorneys, who themselves are potential witnesses, delt this was an attempt by the courts to intimidate them and make them less reluctant to testify.

More likely, the court was simply trying to determine if there are situations in which an individual judge assigned to a matter involving that lawyer might feel compelled to recuse himself or herself. 

Frankly, I fail to see how a lawyer's involvement as a fact witness in a wrongful termination lawsuit has any bearing at all on the administration of criminal justice. Moreover, it appears that the court could easily have applied less intrusive methods of establishing who may have knowledge of facts in a totally unrelated matter. This could easily be accomplished via colloquies on the record between the judge, prosecuting attorney, defense attorney and defendant. There was no need to bring this out in a courtroom filled with hundreds of people. 

Unfortunately, I do not have the transcript of what occurred and am going by reports from third parties. I'll have more details when I review it. 

Basically, I find no fault with the court's attempt to determine whether there is a need for recusal. I just think it went about it with a buzzsaw. 

Thursday, December 19, 2024

The Oligarchs Among Us

Elon Musk holds no elected office. Yet House Speaker Mike Johnson is hopping like a scared rabbit after Musk voiced opposition to a continuing resolution to fund the government. When we speak of oligarchs, we tend to think of Slavic billionaires, who call the shots from their dachas in Sochi. But there are an increasing number of American oligarchs on both the left and right ends of the political spectrum. They are far more dangerous to American democracy than some poor bastard who fails to get the necessary papers before he moves here. 

Wednesday, December 18, 2024

A Modest Plan to Retain NorCo County Workers and Provide Workforce Housing

Over the past year, there's been no shortage of stories about the need for affordable housing. This was even an issue in this year's Presidential race. This is a problem that was actually created back in 2008, when the Great Recession resulted in a collapse of construction. That industry is still only a shadow of its former self. But even with a booming construction industry, many cities like those in the Lehigh Valley have very limited space on which to build and can only do so much. County governments, and perhaps some townships, can do more. Aside from its own courthouse and Gracedale campus, Northampton County owns 500 acres of land. Instead of leasing it to farmers, couldn't some of this land be used to create affordable housing? Better yet, couldn't some of it be used to provide affordable housing to county employees who are increasingly difficult to retain?

Northampton County has about 1700-1800 employees, though its actual number should be closer to 2,000. It has problems attracting nursing care at Gracedale, despite offering retention bonuses and even building a daycare that may or may not yet be open. This is a nationwide problem, and the county has been forced to hire outside nurses to provide care at higher rates than it pays its own. 

In addition to a shortage of nursing care at Gracedale, there is also a shortage of corrections officers, youth care workers and 911 dispatchers. They are often forced to work overtime to fill gaps in coverage, which exhausts them and can make conditions unsafe. 

Couldn't we express our appreciation to these unsung heroes by providing them with an affordable place to live?

Here's what I would suggest as a pilot program. The Gracedale campus is huge. Some of that land is used neither for farming nor anything else. It's just grass to cut. How about a small development of about 30 homes for workers in critical departments like the jail, Gracedale, Juvenile Justice Center and 911. I'm not speaking of McMansions but am thinking of smaller homes like the Boxable Casita

The county could offer these homes and agree to hold the mortgage at a low interest rate. The qualifying employee would own, not rent the property to erase any illusion that this is a company store. If the employee either leaves county employment or decides to sell the property for a larger home, the county would have an option to repurchase at its appraised market value. That way the employee could build equity, and the county could attract and retain good workers. 

What do you think of this idea? Any suggestions to make it better? Is it nonsense? 

Tuesday, December 17, 2024

Retail Theft Up 53% in Pa. Between 2021 and 2023

A news release from Pennsylvania courts indicates retail theft has risen 53% between 2021 and 2023. While this crime is usually associated with high school kids, the data show that 29% of all offenders are between 26 and 35 years old.  

Whether this is a national trend sparked by inflation is unknown. According to the Brennan Center for Justice, shoplifting has increased dramatically in New York City and Los Angeles but has actually declined over the past four years across 24 cities. 

Increases are highest in Allegheny (13%), Montgomery (9%) and Philadelphia (6%) counties.

How about here in the Lehigh Valley. Lehigh County has seen a 2.6% increase while NorCo is only half that at 1.34%. 

The data do not distinguish between organized retail theft and shoplifting of small items by individuals for personal gain. 

I personally know two people who have some sort of compulsion to steal small items of little value. One of them has been jailed numerous times. It hasn't helped. Nor have visits to a psychologist.  

Monday, December 16, 2024

Have You Seen Any Drones?

I spend an average of two hours outside nearly every day, sometimes on local streets and others along trails and wooded areas. I see wildlife nearly every day, from deer to foxes and racoons. I've also been sprayed by skunks multiple times over the years, thanks to an inquisitive black lab who accompanies me when I'm on foot instead of on a bike. I see plenty of hawks and buzzards. I've even had too brief encounters with a bear. But I'm embarrassed to say I've never seen a bald eagle or a coyote, though I know they're out there. At night, I occasionally like to step outside to look at the stars or watch for northern lights on those rare occasions when they are in the forecast. I've never seen them. And unlike many local people on Facebook, I have yet to see a single drone in the sky at night. Like bald eagles and coyotes, I'm sure they are out there. But I've yet to see one flying in Nazareth airspace at night. Have you?

Red Cat CEO Jeff Thompson, whose company supplies sophisticated drone technology to the US Military, told ABC News that he doubts they come from our adversaries because they are using proper FAA lighting to display their presence, making it way too easy to shoot them down. He said they are too large to be consumer drones but it's not his company so stop calling him, lol. 

Thompson adds that all drones are required to have a remote ID, and you can download a free app like Drone Scanner to determine of the required ID is being broadcast if you spot one. I have downloaded this app but have so far have nothing. 

Because these sightings are at night, when your eyes play tricks with you, I believe that some people might be mistaking planes as drones. So contrary to some suggestions, it would be both reckless and irresponsible to shoot down what might turn out to be a plane. 

It would also be irresponsible. 

I'd agree, however, that more transparency from President Joe Biden's administration is needed if he decided to take a break from commuting the sentences of corrupt judges. 

Here's what Judge John Morganelli has to say, in his capacity as a citizen: "What I find incredible is that our military can identify a specific target , FROM OUTER SPACE, such as a terrorist sitting in his car in the middle of Afghanistan, and send a rocket from space to instantly eliminate the target, but they have no idea of the source of a drone in plain sight over NJ!! I don’t think so!"

Another Disgraceful Pardon

President Joe Biden certainly tarnished his own legacy when he pardoned his son after repeated pledges that he would do no such thing. In addition to the dishonesty, he has opened the door for President-elect Donald Trump to issue all kinds of pre-emptive pardons of his own. But as bad as that is, it's nothing compared to his decision to commute the 17 1/2 year sentence of a corrupt Luzerne County judge - Michael Conahan - who disproportionately sentenced juveniles to private detention centers in exchange for cash. Because of the pandemic, Conahan was serving his sentence at home. This decision drew criticism from Pa Gov. Josh Shapiro, who said that Biden "got it absolutely wrong and created a lot of pain here in northeastern Pennsylvania." I'm sure that pain will be felt by Democrats in the next election. It's hard to claim you believe in law and order when you allow a corrupt judge who accepted millions for sending kids to a private jail to roam free.

Friday, December 13, 2024

Over Past 10 Years, Bethlehem Has Cut Debt Nearly in Half

Many years ago, I sat in the conference room of then Bethlehem Mayor John Callahan's office. With the sun basking behind him, he told me that he was working hard to reduce the City's long-term debt. He was spending money that could be used for many other things in what essentially is a fiscally conservative move. I thought this was a pipe dream. Even if Callahan focused on reducing long-term debt, which no one really notices, his successors would quickly borrow to avoid tax hikes. But they didn't. Bob Donchez and Willie Reynolds, who followed Callahan, have continued this commitment to debt reduction. 

Over the past 10 years, Bethlehem's long-term debt has gone from $171 million in 2015 to $88.5 million today. Mayor Reynolds plans to knock it down even more, to $56 million by 2028.

Let me remind you that Reynolds, Donchez and Callahan are all Democrats. But this kind of fiscal conservatism is worthy of Elon Musk, Vibek Ramaswamy and anyone who considers himself a Republican. 

You can say what you will about Willie's budget or his policies as Mayor, but his commitment to reducing debt is a very positive and fiscally prudent move that benefits the city residents over time. 
I'll have more about Bethlehem's budget in the coming days.

Easton Eliminates Commuter Tax In Latest No-Tax-Hike Budget

For the 18th year in a row under Mayor Sal Panto, Easton on Wednesday evening adopted a no-tax-hike $71 million budget for next year. And Northampton County employees who work in Easton but live elsewhere will be happy to learn that this budget eliminates a controversial 1.95% commuter tax. The budget was adopted in a 6-0 vote following five budget hearings. Easton is no longer moderately distressed and thus was unable to impose a commuter tax. The property tax rate remains 24.95 mills. City residents still pay an earned income tax. 

Voting to support the budget were Mayor Sal Panto (who is actually a voting member of City Council under their Home Rule Charter, Ken Brown, James Edinger, Frank Pintabone, Crystal Rose and Roger Ruggles. 

Council member Taiba Sultana was absent for the adoption of the budget as well as a meeting the previous evening at which amendments were considered. She participated in two hearings by phone and was physically present for two of the five total budget hearings. She managed to attend a fundraiser for herself on Saturday night.

Thursday, December 12, 2024

Becoming a Bethlehem Cop Is Harder Than Getting into the French Foreign Legion.

For every 100 who apply, the French Foreign Legion accepts only 10-15. But that's a snap compared to becoming a Bethlehem police officer. Bethlehem's budget calls for 170 officers, but at any given point in time, there are only 142-145 officers. So why not hire more? Bethlehem would love to but has very high standards. 

Take one of its most recent recruiting reviews of 110 applications. Of those who applied, only 52 were actually eligible. Of those 52, only 18 could pass the physical. Of those 18, only 8 made it through the written exam. Of those 8, only 1 passed the polygraph. 

Wild Leaks Secret Derogatory Info About House Member After Swearing to Confidentiality

On Monday night, I received both an email and a text message about a Hill news story that LV Congress member Susan Wild (D-Pa.) leaked derogatory information about a House Ethics Committee investigation, where she is the Ranking into former Congressman Matt Gaetz (R-Fl.). She did so after President-elect Donald Trump named him as his choice for Attorney General. 

Members of the House Ethics Committee take an oath "that I will not disclose, to any person or entity outside the Committee on Ethics, any information received in the course of my service with the Committee, except as authorized by the Committee or in accordance with its rules.”

Wild has been identified as the source of leaks that occurred, even after Gaetz withdrew from consideration. According to unnamed sources, she's admitted she's the source of the leak. And rather than face unpleasant questions about violating her oath, she shipped last week's meeting of the House Ethics Committee.

This is the kind of dishonest behavior from a person who parks in a spot reserved for the handicapped and then blows off two requests for an explanation. 

Wednesday, December 11, 2024

LC Comm'r Ron Beitler Seeks Good Executive Candidates in Lehigh

Lehigh County Exec Phil "Grandpa'" Armstrong is hanging it up after his term expires at the end of next year. That's unfortunate because he has been a good and bipartisan Exec who has worked with both parties to get things done. What's really sad is that the only announced candidate to succeed him is the opposite. 

That would be Josh Siegel, a former Allentown City Council member now serving as a State Rep. in what should be a Latino district. A New Jersey transplant, Siegel is an opportunist.

As a member of Allentown City Council, Siegel voted No to grants for the Allentown police department. He voted No to filling the depleted ranks of police officers. He participated in marches with felons like Hashann Batts, where "F--- the Police1" was the battle cry. He doxed then Mayor Ray O'Connell by handing out the Mayor's phone number to angry protestors. O'Connell thereafter received threats and calls for days. 

Wait, there's more. He and Controller  Mark Pinsley a fellow opportunist, promoted foisting two new taxes on the already impoverished citizens of Allentown. First, he wanted to enact a 1% increase in Lehigh County's sales tax. Any economist could tell you that a sales tax is regressive tax and is disproportionately felt by those with limited means. 

In addition to this sales tax hike, he and Pinsley wanted to enact a county-wide income tax to create districts that promote the arts. Yes, people who are already struggling in Allentown to put food on the table would have to work harder to help fund the artsy-fartsys.  

Like Pinsley, Josh has a track record of jumping between positions. Pinsley frequently focuses his attention on things that only tangentially if at all had anything to do with the duties of the office of the controller, as he did when he paraded a coterie of parents accused of child abuse before Northampton County Council . He did so to draw attention to himself and an ill-fated bid for State Senate. In some cases things that were outside the scope of what the county is responsible for. Most local politicians do have an interest in serving the common good. But there is also a type of politician constantly thinking about the next jump and looks to garner headlines accordingly. Josh and Pinsley are those types. 

Through the grapevine, I hear Siegel pushed LC Comm'r and Chair Geoff Brace out of the race with threats of leveraging his six-figure campaign war chest. Brace is well liked across the aisle for his ethical leadership, common sense pragmatism and bipartisan cooperation. These are qualities that NorCo Council Pres Lori Vargo Heffner tries to embrace, but she pays a price among more partisan Democrats. 

Siegel’s approach would bring divisiveness, similar to what we've seen out of the Lehigh County Controller’s office.

On the Republican side, there really are no viable candidates. Ss much as I like Glenn Eckhart or Dean Browning, they are retreads at a time when fresh faces are needed. Justin Simmons' name has been mentioned, but I'm unsure his record (or lack thereof) in the state house would help him. 

Sheriff Joe Hanna would be excellent but is committed to his role as Sheriff, where he’s widely respected statewide. Comm'r Ron Betler is another new face but is only in his first term and has a new business demanding his full time attention. 

Interestingly, Beitler has appealed for Exec candidates online, and I thought I'd share what he has to say: 

𝗪𝗮𝗻𝘁𝗲𝗱: 𝗟𝗲𝗵𝗶𝗴𝗵 𝗖𝗼𝘂𝗻𝘁𝘆 𝗘𝘅𝗲𝗰𝘂𝘁𝗶𝘃𝗲 𝗖𝗮𝗻𝗱𝗶𝗱𝗮𝘁𝗲𝘀

County government is often overlooked. As 1 of 9 Commissioners, we work with the Executive to manage the county. We pass budgets, ordinances and resolutions. We typically deal with non-partisan areas like health and human services, the jail, courts, farmland preservation, Cedarbrook, emergency services and county parks.
Our current group has largely avoided political squabbling and gridlock common in other government levels. In my time on the board, we’ve only had a few fundamentally ideological disagreements. Current Commissioners under the bi-partisan leadership team of Chair Geoff Brace and Vice Chair Jeffrey Dutt and Executive Phil Armstrong have mostly worked together effectively. With Phil term-limited, a new Executive will be elected next year.
The Executive oversees administration of services, drafts a (LARGE) budget, supervises departments, appoints officials, and holds the power to veto.
Currently, there’s only 1 announced candidate with a less than impressive resume. We deserve more options. We need several more qualified folks to step forward so voters have choices.
𝗪𝗵𝗮𝘁 𝗺𝗮𝗸𝗲𝘀 𝗮 𝗴𝗼𝗼𝗱 𝗘𝘅𝗲𝗰𝘂𝘁𝗶𝘃𝗲?

An Executive should excel in budgeting while recognizing taxpayers aren’t an unlimited funding source. They need to make data-driven decisions, oversee diverse departments and be strong communicators. They must collaborate with local, state and federal officials. (Phil excels at this!) Most importantly, they must build consensus while remaining transparent.
Often, the best Executives come with a business background, bringing skills like strategic planning, efficiency and financial planning. Leadership, problem-solving, and negotiation skills are crucial. Career politicians often have not cultivated these real world skillsets.
This role should be largely free from partisanship, as there isn’t a Republican or Democrat way to for example: administer programs or preserve farmland. 𝗔 𝗴𝗿𝗲𝗮𝘁 𝗲𝘅𝗲𝗰𝘂𝘁𝗶𝘃𝗲 𝗶𝘀 𝗶𝗻𝗵𝗲𝗿𝗲𝗻𝘁𝗹𝘆 𝗮 𝗺𝗮𝗻𝗮𝗴𝗲𝗿. 𝗡𝗼𝘁 𝗮 𝗽𝗼𝗹𝗶𝘁𝗶𝗰𝗶𝗮𝗻.
𝗡𝘂𝘁𝘀 𝗮𝗻𝗱 𝗕𝗼𝗹𝘁𝘀:

This is a full-time, paid position with salary and county benefits. Terms are 4 years. Unlike many political positions, the Executive is expected to be a WORKING administrator.
Want to make a difference? Do you care about people, particularly our most vulnerable? Do you have business experience? It doesn’t matter if you’re a Republican, Democrat or Independent. We need several more qualified candidates for this position.
As Executive, you’ll have the chance to shape policies and manage our community. This is a unique opportunity to lead and work with dedicated professionals and residents. If you’re interested in this challenge, I and others want to hear from you!

You can reach Ron at ronbeitler@gmail.com

Tuesday, December 10, 2024

Sultana's Lawsuit Over Criticism is Frivolous Attempt to Suppress Free Speech

On Thursday, December 5, Easton City Council member Taiba Sultana filed a defamation complaint (you can read it below) against Pa Citizens PAC, a political action committee formed and funded by prominent immigration attorney Ray Lahoud. The lawsuit, filed by Allentown lawyer Matt Mobilio, is frivolous and will likely be dismissed after preliminary objections are filed and briefed. 

Sultana, incidentally, held a fundraiser and birthday bash over the weekend ... in Bethlehem. It's pretty odd that an Easton City Council member would fundraise outside of Easton. She's festooned in a tiara. 

Pa Citizens PAC was formed expressly for the purpose of opposing Sultana in a bid for state rep. That's core political speech. The PAC bought and posted campaign signs calling her "Crazy. Chaotic. Criminal." Most were torn down or defaced within hours. 

I've written extensively about Sultana. She was arrested and charged with domestic assault on July 31. The victim, her adult son, described her behavior as follows: "My mom had gotten very physical. She had slapped, punched me in my face and stomach multiple times. And continuously head butt me. It resulted in my face being injured and my face was bleeding. Also kept pulling my hair and dragging me around." 

The victim also describes prior incidents: "Threw dishes and sharp objects at me which resulted in my foot opening up. A sharp glass had been strewn inside my foot. I had been taken to the hospital and had to get stitches on my foot. Other incidents included punching my lip (it was bleeding nonstop) hitting me with random objects in bruised back and arm. She also threatened my many times with knives and has told me she is going to kill me one day.

"She has threatened me with knives. She has told me she is going to kill me in my sleep."    

After her arrest, Sultana spent a night in jail after being unable to post bail. She was ultimately admitted to ARD, a special program for first offenders in which charges are dismissed after successful completion of probation. After being accepted into the program, she claimed that “I would've preferred immediate dismissal, of course, but, like many people of color and poor people, I made the only option that was given to me to protect my family from the vicious attacks of those in power as well as keep my voice.”

On Easton City Council, she's been highly divisive. She has claimed she's the only Easton elected official who cares about the black and brown community. She has stated that the other Easton elected officials think the "black and brown community is criminal and dangerous." She also orchestrated a highly controversial cease-fire resolution concerning the war in Gaza and paraded numerous pro-Palestinian supporters to demand that Easton do something, though its fighter jets are currently inoperable. 

I could go on and on, but it's clear to me that her behavior as an elected official has been both crazy and chaotic. And she was arrested for domestic assault. In fact, her adult daughter was nabbed by state police and charged with defacing campaign signs criticizing Sultana as they watched another two of her minor children defacing them. 

Truth is a defense. Moreover, she is a public figure and needs to establish that the statements made were not only false but were made with reckless disregard of the truth. She would also need to prove that calling someone crazy, chaotic or criminal is more than opinion. This she will never be able to do. 

Sultana's lawyer, "Mad Matty" Mobilio, announced his lawsuit via news release. He is trying the case in the press, not in the courts. Other than garnering publicity for himself, his lawsuit has hardly helped Sultana. Now numerous news outlets are publishing the campaign sign she claims is so defamatory. This is what I's expect from someone who generated headlines when he posted a Facebook message telling someone, "If you support [Donald Trump], you are also a disgrace and should be hung for treason."

That sounds like Trump himself. 

Citizens PAC is represented by Easton barrister Steven Goudsouzian. Last night, he said his firm intends to defend the case vigorously and will be filing an appropriate response.

 Sultana Complaint by BernieOHare on Scribd

Monday, December 09, 2024

What Happened at Banana Factory Precinct on Election Day

There were unusually long lines at the Banana Factory precinct (Bethlehem 3N) on election day, as Lehigh students waited for hours before being able to vote. At Northampton County Council's December 5 meeting, VP of Lehigh University Democrats Jack Ciavolella described what he called a "simply unacceptable" election. What really happened?

According to Ciavolella, he dropped friends off at the precinct around 10 am, expecting them to be back around noon. They returned at 7:30 pm. He said there was a similar problem at Kirby Sports Center in Easton, where Lafayette students stood in line for hours. He also complained that in another Bethlehem voting station (1N), voters who left the line found out on their return that they were unable to vote at all after being assured by election workers that they could return. 

He said the county should have more voting machines and should also have an early voting station in Bethlehem. He also suggested that paper ballots should be available, although this solution would not really make voting quicker and might actually slow things down. He said there were only two machines. 

Not long ago, the judge of elections for Bethlehem 1N testified before President Judge Dally and said that five voters who had to leave were allowed to cast provisional ballots. And Director of Administration Nicole Pietrzak addressed the concerns raised by Ciavolella with Council. 

She stated that over the course of election day, nine additional voting machines were deployed. Two replaced machines that malfunctioned. The remaining seven went to precincts with unusually high turnout. Four of them went to Bethlehem's Banana Factory. She indicated the remaining machines went to the Kirby Sports Center and other Bethlehem precincts. 

At the Banana Factory, there were three machines, one of which failed to turn on. An ES&S tech arrived on site and recommended that the machine be swapped out. A replacement machine was in place at 11:20 am. At 12:45 pm, a fourth machine was delivered. At 1:20 pm, an addition epollbook was brought to the precinct, along with a pollworker who could operate it. At 2 pm, an additional pollworker arrived. The ES&S tech then returned to the Banana Factory and remained there until the polls closed. At 4:30 pm, another pollworker arrived. At 5 pm, a fifth machine was delivered with another pollbook. At 6 pm, yet another pollworker arrived. At 6:25 pm, two more pollworkers arrived with additional supplies. Twenty minutes later, there were three more pollworkers on site. At 7:35 pm, a sixth machine was delivered. The poll finally closed at 9:30 pm after one replacement machine and three additional voting machines. four pollbooks and 10 additional workers.  

The county supplied each precinct with one machine for every 450 expected voters. Turnout at Banana Factory was 37% higher than it was in 2016 and a whopping 87% higher than it was in 2020. "This could not have been predicted," observed Pietrzak. She also noted that the judge of elections for tht precinct, who is elected, seemed to lack the sense of urgency demanded by the situation. 

Friday, December 06, 2024

UPDATED: NorCo Council Adopts $502 Million Budget

Last night, NorCo Council adopted Exec Lamont McClure's proposed $502 million spending plan (you can see it here) for 2025. Although  Council  made a few changes, the now adopted budget maintains the same tax rate as this year. If you're a county taxpayer, this means that the current 10.8 mill tax rate will remain the same. A home assessed at $75,000 will receive a tax bill for $810. 

Under our Home Rule Charter, a balanced budget is required. Total proposed spending may not exceed anticipated revenue. 

McClure's $502 million spending plan is $51 million less (9.3%) than it was last year. Interestingly, only $104.4 million of the county's budget (20.9%) comes from real estate taxes. The rest comes from intergovernmental grants, fees and fines, investment income and fund balance. 

Open Space: In his Budget Message, McClure notes has set aside $3 million for open space, something he has done every year. He believes this is one way that the county can slow down warehouse proliferation

Emergency stabilization fund: This is also known as the rainy-day fund, and County Council requires a minimum balance of 5% of the total expenditures expected over the course of the year. The county has set aside $8.1 million, or 5.6% of anticipated expenditures.  

Gracedale: No county funds will be needed to keep Gracedale operational. 

Employee costs: Northampton County has budgeted for 1,913 full and part-time employees, although the total number right now is closer to 1,700.  Career service (nonunion) workers are getting a step in their PayScale, which translates to a 4.5% raise. Union salaries have also increased in accordance with collective bargaining agreements with the county's 11 unions. Yet the total cost of salaries and benefits has decreased 1.4%. In 2024, $166.2 million was set aside for salaries and benefits. But McClure has set aside $163.9 million, over $2 million less in 2025. This might be because the county is asking employees to pay more for healthcare. The county contribution to healthcare and dental is projected to be $705,600 less this year than it was in 2024. 

There were major issues with three amendments proposed by Council members John Goffredo and John Brown. 

Goffredo proposed removing a little over $3.1 million in operating expenses across all divisions and P25 radio system. He clarified last night that he wanted to reduce operation expenses, but not salaries or benefits. Fiscal Director Steve Barron said that this would result in an unbalanced budget. Moreover, this change would require him, and not Council, to decide where these cuts are made. Goffredo and Council Solicitor Chris Spandoni countered that the budget would still be balanced and would give the administration the "discretion" to decide where to make cuts. 

Participating by phone, Council member Ron Heckman applauded Goffredo for making an effort, but said "you're not going to get anywhere if there isn't a cooperative attitude between the administration and Council." 

Goffredo's proposed amendment failed in a 5-4 vote. Voting yes were Goffredo, Brown, Lori Vargo Heffner and Tom Giovanni. Voting no were Ken Kraft, Kelly Keegan, Jeff Corpora, Jeff Warren and Ron Heckman. 

Brown's major amendment was the addition of $5 million to the county's "rainy day" fund. A Council ordinance concerning the rainy-day fund requires that between 5-15% in operating expenses be set aside. In conformity with that ordinance, McClure's proposed budget set aside 5.6%. This amendment does throw the budget out of balance, and Fiscal Director cited several examples of where the county could fall short, from money for raises to money for health care costs. Brown said it would be up to the administration to "rebalance the budget." 

Council member Heckman agreed with Barron's contention that he would be presented with what is in effect a Morton's fork, a choice between two equally unpleasant alternatives. 

The one big amendment that passed was the removal of $1 million for outside nurses at Gracedale to fund the P25 radio system. After basically accusing Fiscal Director Steve Barron of lacking transparency, Vargo Heffner gaveled Barron down when he attempted to defend himself and called for the vote even though the matter was not fully debated. 

The removal of $1 million for nursing services at Gracedale was approved by Goffredo, Brown, Vargo Heffner, Corpora and Giovanni. It was opposed by Ken Kraft, Kelly Keegan, Jeff Warren and Ron Heckman. 

The budget amendments collectively were adopted by a 6-3 vote. Voting Yes were Goffredo, Brown, Vargo Heffner, Corpora, Heckman and Giovanni. Voting No were Keegan, Kraft and Warren. The budget itself was adopted by a 7-2 vote, with only Kraft and Keegan dissenting. 

This is the seventh no-tax hike budget under Exec Lamont McClure. One of them actually included a tax cut. 

Updated 9:50 am to reflect that Warren votes Yes to the budget. 

McClure Tells NorCo Council That He Will Present New Bond Ordinance For Parking Deck and P25 Radio

At their November 7 meeting, Northampton County Council voted 5-4 to reject a $63.5 million bond for a new parking deck and 3-story office building at the courthouse campus, as well as a $14 million contingency for other projects that include a new roof at the jail and P-25 radio equipment, costing $6 million. Council President Lori Vargo Heffner and Council member Jeff Corpora both said they had no problem with building a new parking garage but suggested a brief delay to review details on options about building the garage but delaying the county office building. Council member Jeff Warren insisted on a vote then and there, and the bond was killed by Council members Vargo Heffner, Corpora, John Goffredo, John Brown and Tom Giovanni. Instead of getting a badly needed parking garage, the county got nothing.  

At last night's meeting of NorCo Council, Executive Lamont McClure stated that after discussions with Corpora, he has begun the process of introducing a bond that "is something short of what we originally proposed." He said the new bond would include the demolition and replacement of the parking deck at the courthouse complex, with the ability to add a county office building in the future, It would also include funding for the P25 radio system. 

This pretty much addresses the concerns Council had. 

Thursday, December 05, 2024

Council Clerk and Solicitor Both Give NorCo Council Bad Advice


At its November 26 Budget Hearing, Northampton County Council considered seven different amendments, two of which are apparently unlawful. I explained why yesterday. One of the seven amendments was Council President Lori Vargo Heffner's attempt to divert $225,000 set aside for outside nursing at Gracedale for yet another pointless passenger rail study. Aside from Vargo Heffner herself, that amendment received no support. Council Clerk Alina Shafnisky solemnly instructed Council that amendments needed the support of all five Council members in order to move forward to the budget hearing. "If these budget amendments are not passed by motion at this meeting, they will not move forward for the adoption of the budget," she pronounced. And Council Solicitor Chris Spadoni chimed in as well. "They die tonight," he instructed.

They are both incorrect. 

Typically, what happens at the final budget meeting, which takes place tonight, is that Council votes separately on each budget amendment. Then they are all put together and voted on as a package.. If necessary, there's a recess so the Clerk can compute the changes and their effect on the final budget. Shafnisky obviously wants to have her figures ready to go, but the reality is that budget amendments can be proposed any time after the public hearing on the budget and up and until the budget is actually adopted. Yes, there needs to be a public hearing at which members of the public can be heard. 

Under our Home Rule Charter, the Budget is adopted by ordinance following at least one public hearing.. (Section 704(a)). It further provides that "After the public hearing and before adoption, the County Council shall have the power to amend the budget submitted by the County Executive." (Section 704 (b)). The only time constraints are that budget amendments be proposed after the public hearing but before final adoption.

I'm unclear whether there has actually been a public hearing on the budget ordinance. Assuming that has happened, only then may budget amendments be introduced. And under the Charter, they can be introduced up and until the budget itself is adopted. Nothing in the Charter requires that the only time they can be introduced is at the final budget hearing. That might make life easier for the Clerk, but it's not the law or even prior practice. I have often seen last-minute changes on the night of adoption. Bruce Haines from Hotel Bethlehem has made numerous last-minute appearances with his hand out. And Council has obliged him because Haines and any member of the public has the right to request changes. 

Amazingly, after both Shafnisky and Spadoni told Council that amendments needed five votes to push forward, they have submitted John Brown's amendment to add $5 million to the rainy-day fund on this evening's agenda. His proposed amendment received only four votes. As I previously explained, this will result in an unbalanced budget if it is adopted. 

Shafnisky and Spadoni both gave bad advice but ignored their own instructions to push an amendment that they have to know is unlawful.  

Wednesday, December 04, 2024

NorCo Council's Changes to Proposed Budget Appear to Be Unlawful

Last week, Northampton County Council proposed seven amendments to next years proposed spending plan. Several are designed to bypass the normal grant process and dole out hotel tax grants to political allies of Republican Council members in Bath Borough and at Columbia Fire Co., where Council member John Goffredo is a member. Those are unseemly and politically motivated, but at least they're legal. Unfortunately there are also two proposed changes that will violate the Home Rule Charter and run afoul of ordinances and contracts approved by Council. 

The first of these comes from Council member John Brown, who really should know better. He wants to restore $5 million to the county's "rainy day" fund. This was budgeted to cover two months of county expenses in accordance with both a previously enacted ordinance as well as government accounting standards. Brown introduced this amendment because he thinks more money should be set aside for possible unforeseen events. But there's a problem. Fiscal Director Steve Barron told Council that if they adopt this amendment, "the budget is out of balance."

The Home Rule Charter makes very clear that Council must adopt or approved a balanced budget. (Sec. 703 (b)). "There is a transfer out when we need that money to balance the budget," noted Barron. 

Council President Lori Vargo Heffner asserted that, if Council passes such an amendment, it is the Executive's job to somehow make it work. But McClure disagreed and said an unbalanced budget would be a nullity. 

This proposed change only received support from Council members Brown, Vargo-Heffner, Tom Giovanni and John Goffredo. Earlier that evening, Council Clerk Aline Shafnisky said that an amendment needed five votes to move forward, but some members of Council desire to present it anyway. 

The second proposed amendment comes from Council member John Goffredo, who was apparently miffed that McClure attacked Council for ignoring public safety when it rejected a bond that would have included funding for an improved radio system for first responders. He proposed to cut spending "across all divisions" by 2.5% and set that money aside for the radios. 

Goffredo's proposal is unlawful for several reasons. 

First, under the Home Rule Charter, Council has no authority "to delete or decrease any items required by law or for debt service or for estimated cash deficits." (Sec. 704(b)(3)). By imposing an across-the board spending cut of 2.5%, Council would violate the Charter's proscription against decreasing the amount set aside for debt service. 

Second, Council's across-the board spending cut of 2.5% would necessarily mean that monies budgeted for wage increases to union workers would be paid at lower amounts that guaranteed in union contracts that Council itself ratified. Corrections officers, Gracedale nurses, 911 operators and Human Services workers would be denied what the county promised to pay them in increased wages. 

Third, Council's across-the board spending cut of 2.5% would result in a reduction of payments to vendors who have valid contracts with the county that Council itself approved. 

Finally, Goffredo's amendment assumes that this money can be taken from county vacancies. But that assumes that there will be vacancies. If the county is able to fully man the Juvenile Justice Center, Gracedale or the jail, it will lack the resources to hire for positions that were budgeted and approved by County Council. Instead of having the money to pay for needed and budgeted manpower, the county would be forced to do without or borrow money to hire. 

This is a foolish amendment. It was obviously proposed to interfere with the efficient operation of the county in a political attempt to spite McClure. It was supported by Republican Council members Tom Giovanni, John Brown and John Goffredo as well as Democrats Jeff Corpora and Lori Vargo Heffner. They all like to accuse McClure of vindictive behavior, but this response would hurt the entire county, especially its employees. 

It is a very disappointing display from elected officials who are more interested in carrying on a war with the Exec than the best interests of the county. 

We'll see what happens Thursday night, when they take up the budget. 

McClure: Biosolids to Be Banned at All County-Owned Farms

 At the most recent meeting of NorCo's Energy and Environment Committee, Executive Lamont McClure announced that biosolids, often called sludge, is being banned on all county-owned farms. NorCo currently owns six farms totaling about 500 aces, which are leased to local farmers. McClure stated he wants these farms to be "models for best practices in conservation and sustainable agriculture." 

This ban is inapplicable to farms preserved with agricultural conservation easements. 

Tuesday, December 03, 2024

Worthy of the 8th or 9th Century

Here in the US, most of us speak English only and have little interest in other countries and cultures. Historically, we've been isolationists and have tended to view outsiders with suspicion if not fear. "Founding Father" John Adams signed into law the Alien and Sedition Act, which basically gave him the right to deport noncitizens he considered dangerous. Fortunately, that part of the law expired. "Founding Father" Thomas Jefferson said it was "worthy of the 8th or 9th century," But 1000 years later, in 1882, we adopted the Chinese Exclusion Act in reaction to xenophobia aimed at Chinese. Another law was aimed at excluding Chinese women. Our record of intolerance is no reason for pride. And now, we're gearing up for mass deportations. While the removal of violent criminals or national security threats is certainly warranted, I question whether we're just going to start rounding people up because they look or sound different. 

Now this is what a majority of American people want. Many of those who voted for Trump considered border security a top issue. It seems to me, however, that our attitude towards others are, as Jefferson said, ""worthy of the 8th or 9th century."

Monday, December 02, 2024

If Biden Pardoned Son Because "Politics Infected the Process," Shouldn't He Also Pardon Trump?

 In a Sunday shocker, President Joe Biden pardoned son Hunter for any "offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014 through December 1, 2024." This would include his convection for lying on an application to purchase a firearm, his guilt plea to tax charges and possible corrupt behavior in attempting to work deals with business counterparts in Ukraine and China. Biden issued this pardon despite a pledge he would not do so because "raw politics" infected the process, leading to a "miscarriage of justice." If that is so, and if he really is intent on bringing us all together, shouldn't he also pardon Donald Trump?

Now you could argue that such a pardon is unneeded because, once he takes office, Trump is immune. That immunity ends, however, once he steps down. 

Now don't get me wrong. There is no doubt in my mind that Trump most certainly instigated an attempted coup on January 6, 2020. I am also convinced that he actively obstructed investigators who were seeking confidential records. But he has already been tried in the court of popular opinion, and somehow managed to be the first GOP candidate in 20 years to win the popular vote. Many of his supporters are convinced that, just like Hunter Biden, Trump was the victim of "raw politics." I disagree with that sentiment but have to acknowledge that many voters feel that way. 

If Biden were truly concerned about what Republicans like to call lawfare, he'd pardon Trump. If he wanted to bring us together, he'd pardon Trump. He instead is looking out for a wayward son who attempted to use his father's name to make money. 

Friday, November 29, 2024

Who Is Running For NorCo Council's Five At-Large Seats?

Northampton County Council consists of nine members. Four of these represent specific geographic areas of the county. The remaining five are in what are known as at-large seats, meaning they are selected by the entire county. The five current at-large members are Council President Lori Vargo Heffner, VP Ron Heckman, John Brown, John Goffredo and Jeff Corpora. Their terms all expire at the end of next year. Who among these are planning to seek re-election?  And who else is running?

Of the current at-large members, I believe Ron Heckman may be planning to step aside when his term expires. Although he drives me nuts with perorations are nearly every topic, he perhaps more than anyone understands that county council is an independent body and has been willing to make that clear to Executive Lamont McClure on a number of occasions. He's his own man and has a deep understanding of county government since he has served both as an administrator and on Council. If he does step down, he will be missed. 

Lori Vargo Heffner is often the target of numerous anonymous attacks on this blog because, like Heckman, she has been an independent voice who has opposed many of McClure's proposals. She has also been willing to work with Republican Council members, even appointing some of them to chair different committees. She has stood up to the Executive, even though it may have cost her union support. Most of the arrows aimed at her are misplaced, but she has been her own worst enemy at times. Some of her votes and positions do appear to more obstructionist than well-meaning. It's unclear to me whether she plans to seek re-election. There were early rumors that she planned to primary McClure, but I have no idea what she is planning. I would support her re-election to county council, but not as Exec. 

Jeff Corpora was appointed by the court to replace Tara Zrinski after she was elected as Controller. Corpora was appointed by the court because Council was deadlocked over Zrinski's replacement. Corpora is even more quiet than Tom Giovanni, and I have no idea whether he plans to mount a campaign. 

Contrary to many of the comments posted here, I doubt John Brown plans to run against McClure. He is neither transparent nor accountable and is known for ignoring media inquiries. His secret plan to move the jail to Gracedale was exposed when he was Executive. Also, a tax increase was passed when he was Executive. So I doubt he'll run for Exec. But it's likely he will seek re-election to County Council because he has high name recognition. 

John Goffredo is probably the most vocally conservative member of Council. Philosophically, I disagree with most of his stands. He basically believes the less government, the better. I believe government exists to help people, and that it improves people's lives. Goffredo is a very well-known name in the northern tier, and I believe he would win easily if he decided to seek re-election. But he may be stepping down. This could be because he has two young children, or it could also be because he's going to run for Executive. 

So who's running? According to Lehigh Valley News, Nadeem Qayyum has announced. He's already lost two races. He was an unsuccessful candidate for Magisterial District Judge and then lost a race for Controller. He is either married or the life partner to divisive Easton City Council person Taiba Sultana, whose antics turned Easton City Council into a clown show for several months.

Other Democratic names I have heard include Patti Bruno, Leslie Altieri, Wind Gap Borough Council member Jason Boulette and union leader Paul Anthony. 

After November's red wave, I suspect there will be several GOP candidates. But thus far, I know of none.  

Wednesday, November 27, 2024

NorCo Council Proposes Funding Radio System: McClure Claims He Will Be Left With Unbalanced Budget

Last night, Northampton County Council met to consider seven amendments to the Executive's proposed budget for next year. They adopted six, some of which the administration contends violate the Home Rule Charter's requirement of a balanced budget. 

Before I get into them, let me tell identify the participants so I can refer to them by surname. 

The cast consisted of Council members Lori Vargo Heffner, Jeff Corpora, John Brown, John Goffredo, Kelly Keegan, Jeff Warren, Ron Heckman, Ken Kraft and Tom Giovanni. Executive Lamont McClure, Fiscal Affairs Director Steve Barron, EMS Director Todd Weaver and Community and Economic Development Director Tina Smith. Heckman was unable to attend in person for good reasons made known to County Council in advance. Warren had to leave after the third amendment to attend a parent-teacher conference for his children.  

Before Council got into the actual amendments, Barron reminded them that the Home Rule Charter makes clear that the budget must be balanced. Unlike the federal government, the county has no money trees. Ttal proposed spending may not exceed anticipated revenue. Council does have the power to amend, but it must leave intact any payments scheduled for debt service and it has no authority to modify the Executive's revenue estimates. If it wants to fund something, it has to find the money by making cuts elsewhere. 

1) DCED COVID response grants. Removal of $225,000 for a bi-county rail study by the Lehigh Valley Planning Comm'n. (LVPC) Proposed by Vargo Heffner. 

McClure called the amendment "misguided" and explained this money is intended for agency nursing at Gracedale. He added that LVPC is already sitting on $4 million of NorCo funds gathering interest.  Vargo Heffner proposed it because Lehigh County has set aside funds and wants a match from NorCo. They only would get the money if a rail study is actually done. County. 

Goffredo agreed with McClure, saying the money is sorely needed at Gracedale. Kraft would love to have passenger rail, but "we've been talking about a train forever."

This amendment died for lack of a second.. 

2) Take away $8,000 in hotel taxes for IronPigs and LV Public Telecommunications Corps to provide $8,000 for Bangor's 150th birthday celebration. Proposed by Giovanni. 

Bangor had asked for $20,000 for the birthday bash and general marketing and was awarded $15,000.  Kraft said he is opposed because all three entities applied for grants and were recommended for them.  Giovanni wants the money because the committee organizing it has a budget of $100,000.  

Supported by Corpora, Vargo Heffner, Brown, Goffredo and Tom Giovanni.. 

3) Remove $25,000 from gaming grants to Bath Borough Hall and Firehouse for the purchase of backup generators.  Proposed by Giovanni. 

Bath Borough did not apply for this project, noted Smith has concerns. Bath Fire Co did get $15,000 for mobile radios. Kraft said they should apply next year and get more money. Giovanni said there is no backup power. Goffredo agrees that the grant process is one way, but Council members hear from constituents with reasonable requests. There must be a cash match. 

Supported by Corpora, Vargo Heffner, Brown, Goffredo and Giovanni.. 

4) Remove $3,166,965 across all divisions to partially fund the P25 radio system.  Proposed by Goffredo. 

Goffredo stated the county typically budgets 120% of what is actually spent.  He added that a  P25 radio system is a "matter of life and death," but does not need a bond issue. 

McClure said he doubts there are six votes for this, and he will veto it. A 2.5% cut would require McClure to reduce the step increase for career service to zero. He said that county does not spend all that is budgeted because of vacancies. Barron later addeed that not all money is spent because it is encumbered. 

Weaver, EMS Director, said P25 was purchased from Bethlehem in 2019. To expand it, EMS secured grants for five sites. To continue the expansion, Weaver asked that it be included in a bond issue. Infrastructure must be in place before it can be tested. Vargo Heffner was irritated that the administration is now opposed to getting funding. "If you think it's funny, keep laughing, but I don't," she said to McClure. "You accused us of neglecting public safety."

McClure insists this amendment will result in an unbalanced budget and it also is cutting the court's budget and the DA's budget. It could lead to a lawsuit over the administration of justice.  Goffredo, said to McClure, "If we spend less than we project for, why not project a little less and then we'll have money for the radios?"

Supported by Corpora, Vargo Heffner, Brown, Goffredo and Giovanni.. 

5) Remove $10,000 from future table grants to give $10,000 to Columbia Fire Co for a tool upgrade special unit. They asked for $20,000 and got $10,000. Proposeed by Giovanni

Supported by Corpora, Vargo Heffner, Brown, Goffredo and  Giovanni..

6) Adding $5 million to financial stabilization "rainy day" fund. Proposed by Brown.

Barron stated this knocks the budget out of balance. McClure stated this would be a nullity and that the budget as he originally proposed it, would be the adopted budget. Vargo Heffner accused McClure of dramatics 

 Supported by Vargo Heffner, Brown, Goffredo and Tom Giovanni..

7) Removal of $775,000 from COVID grants to fund P25 radio project. Kraft asked if we could use COVID grants for P25. Barron stated that COVID money may be used for public safety. (Unsure who proposed this amendment)

Making a choice between agency nurses at Gracedale and P25.

Supported by Corpora, Vargo Heffner, Brown, Goffredo and Giovanni..

It appears to me that Goffredo's $3 million cut would violate the Charter because it would require cuts to funds that are already encumbered or needed for debt service. It is abundantly clear that Brown's amendment would result in an unbalanced budget. 

Tuesday, November 26, 2024

NorCo Ambulance Ass'n Advocates Expanded Radio Service For First Responders

At their November 7 meeting, Northampton County Council voted 5-4 to reject a $63.5 million bond that would be used for a new parking deck and office building at the courthouse complex. It would also finance several other projects, including a $6 million P-25 radio system for first responders. These replace analog radios with digital and have the capacity to transfer data as well as voice. 

Council members Lori Vargo Heffner and Jeff Corpora both said they had no problem with building a parking garage to replace an outdated and unsafe structure. But they wanted more details on options about building the garage but delaying the county office building. Council member Jeff Warren wanted a vote on the entire package, all or nothing. He got nothing. Democrats Corpora and Vargo Heffner joined Republicans John Brown, John Goffredo and Tom Giovanni in voting down the bond. 

Since that time, the Council members who voted No have been criticized for voting against public safety, especially with regard to the parking deck. But there's been no attempt to separate what a consensus of Council wants from the office building, the only controversial part of the bond proposal. 

At the November 21 meeting of NorCo Council, Executive Lamont McClure shared a letter he received from Daniel Gordon, President of the NorCo Ambulance Ass'n: 

"The NorCo Ambulance Ass'n would like to lend its voice of support for the effort to expand the County's Motorola Astro P25 advanced communications system. This strategic expansion will not only enhance radio coverage for emergency responders but will also ensure the adoption of cutting-edge communication technology necessary for the effective operations during emergencies. 

"The expanded P25 system will deliver secure wide area communication providing seamless interoperability among all county emergency service organizations. By replacing the current communication infrastructure, which is prone to interference, the new system will ensure reliable uninterrupted communication when it is needed most during critical incidents and emergencies. This project represents a pivotal advancement in public safety capabilities. The upgraded P25 system will significantly improve response times and operational efficiency, ultimately contributing to a safer environment for all county residents. 

"Additionally, we strongly support the continued funding of the Northampton County public safety grant program. The use of bond funds for this initiative will support public safety agencies across the county while simultaneously allowing general tax revenues to be directed to other essential services. In closing, we commend your efforts to fund the P25 system expansion through bond proceeds and would like to extend our sincere appreciation for the recent upgrades to the radio infrastructure in the southern region of the county. These investments demonstrate a steadfast commitment to enhancing public safety and ensuring that our emergency responders have the tools they need to protect and serve our communities effectively."

Participating by phone, Council member Ron Heckman questioned why the county was unable to use funds from its fund balance, but Finance Director Steve Barron stated that money was needed to balance the budget. 

Council member Goffredo suggested splitting the cost over two years, but McClure was uncertain whether that is possible. 

What McClure could do is introduce a new bind without the county office building until a majority of County Council supports it and the interest rates make it worth it. 

NorCo Council Seeks "Executive Secretary"

NorCo Council is apparently seeking a new Executive Secretary. Here's the notice from the Council's website: "Easton, PA – the Office of County Council is accepting applications for the position of Executive Secretary. Full time in person position, salary range $44,819 – 63,768. Position requirements include traditional secretarial support services and substantive assistance in the organization and implementation of management functions. Work includes typing, organization, and related support to the Clerk of Council and Council Members. Experience in transcribing minutes is preferred. Please send cover letters and resume to Alene Shafnisky ashafnisky@norcopa.gov by November 27, 2024 at 4:30 p.m."

This is an "at will" position, meaning that the hiree  can be fired for any reason, including a bad one. 

Monday, November 25, 2024

Boorish Behavior By Elected Officials Becoming the New Normal

On Friday, I posted the video of Lower Saucon Tp Council's November 20 meeting, which lasted well over six hours. The meeting was constantly disrupted by Council members Jason Banonis and Thomas Carocci, as Council President Priscilla de Leon struggled to keep control. I've covered meetings since 2006. I've seen some devolve into brief shouting matches. I saw one meeting that had to adjourn without conducting business. I've never seen the disruptive behavior exhibited by Banonis and Carocci, even though both are practicing attorneys who know exactly what they are doing. Their boorish behavior is unfortunately becoming the new normal. Ten years ago, an elected official who acted that way would be rightly called to task. But then came Donald Trump. And while he won the most recent Presidential race, most people (except for his most loyal cultists) would disagree when I call him a boor. His conduct has normalized this behavior. Both really should be charged with disrupting a public meeting. 

Under Pennsylvania law"A person commits a misdemeanor of the third degree if, with intent to prevent or disrupt a lawful meeting, procession or gathering, he disturbs or interrupts it."

Carocci, a 1995 grad of Duquesne's Law School, is assistant general counsel at FINRA and testifies in security fraud cases. Banonis, a 1999 grad of Widener Law School, practices civil defense at Marshall Dennehy, representing insurance companies. Both presumably know the law. 

Their actions have been called out at Saucon Shenanigans:"They call fellow Council members 'Vladimir, dumb asses, morons, stupid, clowns,' telling them to shut their big fat ignorant mouths and get their heads out of their ass. They constantly disrupt when other members are speaking. They berate taxpayers who speak at meetings. They told a taxpayer who spoke up at a meeting that she was speaking out of her ass. We deserve better than this. What kind of a role model are they to our junior council members? "

I'll confess I was unable to watch the entire November 20 meeting. A few minutes was all I could take and was all I needed. 

It's true that there's no way these Council members can be removed from office. But they can be charged with disrupting public meetings, which is their clear goal. I'd suggest that one or all of the other Council members should file a private criminal complaint against Carocci and Banonis. That matter would have to be approved by the District Attorney but there is little doubt in my mind that this boorish behavior is criminal. 

Provisional Ballot Challenge Withdrawn in NorCo

As we all know, Senator Bob Casey has conceded in the race between him and Dave McCormick. I wish he had done so far sooner instead of insisting on an expensive recount and spawning litigation in numerous counties over challenges to provisional ballots. But now that Casey has finally thrown in the towel, McCormich has withdrawn his challenges in NorCo. He did so late Friday. Presumably he will be withdrawing them in several other counties as well.

This is good and bad. Now that the objections are off the table, NorCo can go ahead and certify the election. What's bad is that some of the questions raised by these challenges are unresolved. We'll be getting no answer from Judge Dally because there's no longer anything in front of him. So let me ask you how, if you were a judge, you would answer these three issues. You can read my summary of points made by the litigants here. 

1) Should the Court accept provisional ballots from 5 voters who checked in, but were unable to stand in long lines to vote by machine because of work and doctor appointments, especially when the Judge of Elections testifies they did not vote on the machine?

(I would have allowed these votes)

2)  Should the Court accept provisional ballots from 26 voters who failed to sign the provisional ballot envelope, even though the judge of elections and minority inspector attested to these nonexistent signatures, when the elections code states that these ballots must be signed at two separate locations and specifically adds that the vote shall not be counted if either signature is missing?

(The law is very clear and we are also bound by the Supreme Court's own ruling on this point.)

3) Should the Court accept 164 provisional ballots properly executed by the voters, when either the Judge of Elections, Minority Inspector or both failed to attest to the electors' autographs, especially when the law does not really specifically mandate these signatures? 

(I would have allowed these votes, as Lehigh County did. A voter should not be penalized for mistakes made by elections officials, and it's unclear to me whether elections officials were really required to attest to the provisional ballot). 

Friday, November 22, 2024

Lower Saucon Township Council: Worst Governing Body in Lehigh Valley

I like to complain about NorCo Council or the antics I've seen in Allentown and Bethlehem. I didn't know how good I had it. Above is six-hour long Lower Saucon Township Council meeting. I just watched the very beginning and suggest that's all you need to see to realize this is by far the worst governing body in the Lehigh Valley. I'll have more to say Monday. 

President Judge Dally Conducts Hearing on Challenged Provisional Ballots

At last night's meeting of NorCo Council, Executive Lamont McClure advised our elected guardians of the public purse that the recount in the U.S. Senate race is nearly finished and will be complete tomorrow. But the Elections Commission will be unable to certify the election until outstanding objections to 195 provisional ballots are resolved by President Judge Craig Dally. Those objections were filed by Lansdale Attorney Britain Henry on behalf of then Senate candidate David McCormick as well as the RNC and state Republican party. 

Senate candidate David McCormick is now a Senator-elect. Incumbent Bob Casey conceded yesterday, but not before imposing all kinds of extra work on 67 elections boards, which have spawned numerous county and state challenges to both mail-in and provisional ballots. He's kept lawyers busy, but his intransigence did little to assuage public confidence in our elections system. 

Yesterday, President Judge Craig Dally heard the challenges in a courtroom in which lawyers and party wonks outnumbered the public 2 to 1. Attorney Gary Asteak intervened on behalf of Senator Casey and Democrats, apparently unaware that Casey would be throwing in the towel later that day. Attorney Jacob Shelly, a "voting rights litigator," was there on behalf of Democrats. Attorney Rick Santee, former Solicitor to the NorCo Elections Commission, was representing the county Democrats. Finally, Attorney Michael Vargo was there as the current Solicitor for the Elections Commission. 

If nothing else, the hot air generated by these five lawyers should reduce heating costs at the courthouse for the next several months. 

I previously told you about Henry's petition. Since that time, he's amended it, and Judge Dally will no doubt be deluged with briefs on a matter that is, for all intents and purposes, over. Given Casey's concession, it could be argued that this matter is now moot. That doctrine is inapplicable to situations that can be repeated yet evade judicial review. Another exception is when the matter involved is one of public interest. 

Judge Dally distilled the objections as involving three questions:

1) Should the Court accept provisional ballots from 5 voters who checked in, but were unable to stand in long lines to vote by machine because of work and doctor appointments?

2)  Should the Court accept provisional ballots from 26 voters who failed to sign the provisional ballot envelope, even though the judge of elections and minority inspector attested to these nonexistent signatures?

3) Should the Court accept 164 provisional ballots properly executed by the voters, when either the Judge of Elections, Minority Inspector or both failed to attest to the electors' autographs? 

Let's review the testimony and argument. 

1) Should the Court accept provisional ballots from 5 voters who checked in, but were unable to stand in long lines to vote by machine because of work and doctor appointments?

This is what happened at Bethlehem 1 North, which is at the Cathedral Church of the Nativity. Judge of Elections Michael Kraylik, who testified by phone, told Judge Dally that there was only one voting machine at this location, and that turnout was "unbelievable." Waiting time varied from 45 minutes to 2 1/2 hours. He called the elections office multiple times to request another machine. 

He explained that when voters arrived, the first thing done was to check them in. Elections workers would look for the person's name, find it, and have the person sign in. Then the person was handed a slip of paper and would stand in line until the machine was available. 

Once a voter checks in, he is expected to stay and vote. What sometimes happens, even in light turnout elections, is that a voter leaves the booth thinking he has voted, but he has not. If elections workers can catch this voter before he leaves the voting area, he can be called back and asked to finish. But once he's out that door, it's too late. He will be checked in as having voted, but the final tally for the night from that machine will show that there is one less vote than the number of voters who checked in. This situation is known as the fleeing voter. 

In this case, the voters made clear they were unable to remain. Kraylik called the elections office, and Deputy Registrar Amy Hess instructed that these voters should be allowed to vote provisionally and the determination whether these votes should count would be made during the canvass.

Kraylik stated that all 5 of these were registered voters and eligible to vote in that precinct. All properly signed the provisional ballot and presented ID. All attested that they had not already voted. Kraylik himself stated he was sure they did not vote on the machine. 

If they had voted on the machine as well as provisionally, the tabulation from the voting machine would have reflected these additional votes. It would have shown more votes than the number of people who checked in. 

Attorney Henry insists these provisional ballots should be rejected. He noted that the five voters in question were not in court, adding there is a real danger that they could have voted twice. But Attorney Asteak countered he court would have to reject the credibility of the elections judge to reach that conclusion

Judge Dally was concerned whether the statute providing for a vote by provisional ballot (25 P.S. Sec. 3050) is limited. The statute provides provisional balloting should be available for an elector "who claims to be properly registered and eligible to vote at the election district but whose name does not appear on the district register and whose registration cannot be determined by the inspectors of election or the county election board." But Attorney Shelly argued that there is no real limitation. The Election Assistance Commission has stated in its guidance that provisional ballots are a "safety net" or a "fail-safe" for the voter and can be cast "for a variety of reasons."

2)  Should the Court accept provisional ballots from 26 voters who failed to sign the provisional ballot envelope, even though the judge of elections and minority inspector attested to these nonexistent signatures?

Attorney Henry argued that the law is "extremely clear" and "unambiguous," and he's right. It actually requires the voter to sign twice. There's this: 

Prior to voting the provisional ballot, the elector shall be required to sign an affidavit stating the following:

I do solemnly swear or affirm that my name is __________, that my date of birth is __________, and at the time that I registered I resided at __________ in the municipality of __________ in __________ County of the Commonwealth of Pennsylvania and that this is the only ballot that I cast in this election.

Signature of Voter/Elector

Current Address

Check the Reason for Casting the Provisional Ballot.

Signed by Judge of Elections and minority inspector

And this: 

After the provisional ballot has been cast, the individual shall place it in a secrecy envelope. The individual shall place the secrecy envelope in the provisional ballot envelope and shall place his signature on the front of the provisional ballot envelope. All provisional ballots shall remain sealed in their provisional ballot envelopes for return to the county board of elections.

The statute also provides that a provisional ballot must be rejected if either of these required signatures are missing and even requires canvassers to compare that signature to the voter's registration form. That obviously is impossible if there is no signature on the provisional ballot.  

And if that's not enough, there's the Pennsylvania Supreme Court, which ruled on this precise question in September. Its conclusion is that the language in the statute is mandatory, and notes that the legislature itself has prescribed that a provisional ballot without the required signatures must be rejected. The legislature itself has determined that a ballot with no signature is fatally defective. 

Attorney Shelly argued that refusal to allow these provisionals is "constitutionally intolerable," referring to the "free and equal" elections clause. But the Supreme Court has previously rejected this assertion. "W]e are not persuaded constitutional principles require us to ignore such statutory requirements. Although the Board references this Court’s pronouncement that voting regulations may not “deny the franchise itself, or make it so difficult as to amount to a denial,” Winston v. Moore, 91 A. 520, 523 (Pa. 1914), the Board does not indicate how a statute that requires an elector voting by provisional ballot to sign the ballot’s outer envelope denies the franchise or makes it so difficult as to amount to a denial."

Attorney Vargo told Judge Dally that Attorney Henry wants to "have his cake and eat it, too." He noted that while Republicans challenged 26 provisionals, they made no complaint about others with the same defect. Presumably, Vargo is insinuating that Henry would challenge Democratic provisionals with no signature but would allow Republican provisionals with the same defect to slide. 

Henry responded with what basically amounted to "So what?"

3) Should the Court accept 164 provisional ballots properly executed by the voters, when either the Judge of Elections, Minority Inspector or both failed to attest to the electors' autographs? 

Although Attorney Henry insists that the statute requires signatures from both the Judge of Elections and Minority Inspector, you can see for yourself that the mandatory language that applies to the voter is missing for elections officials. Attorney Vargo noted this in his argument to Judge Dally. In fact, while the statute specifically provides that a provisional may not be counted if the voter's signature is missing, it makes no such requirement of elections officials. 

Attorney Shelly told Judge Dally that the five county courts that have considered this issue (Philadelphia, Bucks, Monroe, Chester and Erie) have ruled that those ballots must be counted. "Voting is not supposed to be a trap or an obstacle course," noted Shelly. 

Attorney Santee cited a Commonwealth Court ruling that a voter should not be penalized for "reasonable reliance on a representation, misrepresentation or mistake by an employee or representative of the Board of Elections."

When will Judge Dally decide this case? Quickly. He asked that briefs be in by Monday. 

I felt a little bad for Attorney Shelly after everything was over. I thought Gary Asteak or Rick Santee might treat him to a sandwich or something, but they took off and he was wandering up and down the parking lot because he was unable to remember where he parked. I told him it was in Monroe County.