Kamala Harris Looks Presidential in CNN Interview

Last night, Kamala Harris sat down for an interview with CNN's Dana Bush. I think it was a mistake for her to be joined by running mate Tim Walz because it is she, and not he, who is the lead candidate. She's come under criticism for failing to do interviews before this, but in her defense, she's had very little time to orchestrate a national campaign.

My overall conclusion is that she helped herself and may have won over some undecideds. She looked Presidential. Donald Trump, in contrast, looks rather small. ... And weird. 

LehighValleyNews Has Interesting Series on LV's Warehouse Boom

LehighValleyNews has an interesting, 5-part series on the warehousing boom in the Lehigh Valley. Although we all (myself included) love to order online, few of us are happy with the increased truck traffic, traffic congestion and loss of farmland that big boxes bring. And with laws that favor developers and development, local municipalities have had a difficult time stopping them.

As noted in this series, one thing municipalities can do is develop a multi-municipal plan. That's one way to restrict warehousing to one of the participating jurisdictions, hopefully one close to a major highway. Another benefit is that a participating jurisdiction can impose impact fees for the damage done to local roads caused by large trucks moving to and from a warehouse. 

Efforts in Harrisburg to slow these product depots appear likely to fail, especially when the person proposing changes (Mike Scholssberg) considers them "a net positive." 

But is it too late? Last year alone, NorCo approved 316,000 sq ft of industrial development, but over 2.6 million sq ft for warehouses. Lehigh County only approved 9,000 sq ft in warehouse development in 2023. But it approved well over 1 million sq ft of boxes in each of the preceding four years. 

NYTimes: Where LV Jobs Have Grown and Declined Since Pandemic

Based on information obtained from the Bureau of Labor Statistics, the New York Times has been able to tell us where jobs have grown and where they've declined since the pandemic in 2019. Over the past four years, 19 million jobs have been added, mostly in the sun belt states. Pennsylvania and other "blue wall" states, however, still are paying catch up. In 51 of Pa.'s 67 counties, the state has lost jobs between 2019 and 2023. 

Lehigh and Northampton Counties are among those who've added jobs. 

Between 2019 and 2023, Lehigh County gained 3,771 jobs, a modest increase of 1.9%. 

The biggest gains are in health, education and transportation, 

Between 2019 and 2023, NorCo added 2,548 jobs, an increase of 2.1% Unlike Lehigh, NorCo has seen a spike in both construction and manufacturing jobs. Like Lehigh, it has lost a lot of finance jobs. 

UPDATED: NorCo Judges - Above the Law (or Lousy Journalist)?

The D-Day Bank Massacre presents this harsh, but all-too-accurate, assessment of judges.

"If anyone tries to tell you that judges are apolitical, tell them to call me. In my 26 years as a practicing lawyer, I have learned that judges are probably the most political animals in the political and legal jungle. Not all of them, of course. But many come to their positions with the same prejudices and bias that we all have from our life experience. The donning of the black robe allows them to hide behind the law while forming their own ideas of how things should be."

The author of that book is John Morganelli, who now sits on the bench himself.  In my view, many judges do more than hide behind the law. They actually exalt themselves above it. An example of this comes from President Judge Craig Dally's decision to hire a private security firm to assume the role of youth care workers at the Juvenile Justice Center. He did so without first submitting the contract to the Executive, as required by the Home Rule Charter. (Section 302 (4)).

I learned yesterday that these "temporary" workers are performing the exact same functions at the youth care workers who are there and are paid $4 per hour more. No effort has been made to reach an agreement with the AFSCME union that represents these youth care workers. On its face, this is union busting, an unfair labor practice. This could explain why the President Judge chose to ignore the express mandate of the Home Rule Charter. Human Relations would no doubt blow a whistle. Judges apparently think they can ignore our county constitution because they think they are above it. Let me give you another example. 

Under the express terms of our Home Rule Charter (Section 909). the county must provide "personnel services, supplies, facilities, and financial support to the Court and the minor judiciary," and " upon such reasonable terms and conditions as the County Council deems appropriate." The County Exec and County Council, not the Courts, are vested with the power to delineate the "procedures for purchasing goods and services ... ." (Section 901(3)). Basically, the Executive and County Council have the responsibility to make sure the court has what it needs to operate. But the court itself has no such power. 

As part of this mandate, the county has been replacing the carpeting for the judges on an annual rotating basis in each of the judges' chambers. In doing so, the county uses prequalified vendors who have been approved by the state to ensure good quality at a reasonable price. 

Apparently, this was too slow for one of the judges, who wanted his carpeting replaced now, even though he is retiring at the end of next year. So court administration went out and took it upon itself to order the carpeting at God knows what expense because it went outside the state approved vendors. What's worse, it hired outside contractors to lay the carpeting. Even worse than that, it opened up a secure side door for the contractors to come into and out of the sanctum sanctorum that is supposed to be reserved for judges and judges alone. 

This type of behavior just drips with judicial arrogance. I'd be tempted to lock the side doors to one and all, including the judges. But this happened on a Friday, when only one judge was even at the courthouse. 

Updated: 9:35 am: Before publishing this story, I should have contacted court administration. That was poor journalism on my part. This morning, Court Administrator Jermaine Greene contacted me. There is another side to this story, which I should have sought.

Greene disputes the county's claim that it is replacing judges' carpeting on an annual rotating basis. In fact, he said the last time a judge's carpeting was replaced was when John Morganelli was coronated as a judge in 2020. He said he had been requesting the county to replace the carpeting for one of the judge's chambers for the past three years. Nothing happened. So he had the carpeting replaced himself.

Greene goes on to say that he did seek three bids for the carpeting and went with the lowest bid, which was lower than the vendor who replaced the Executive's carpeting.

He also went on to tell me he has been seeking new carpeting for the jury lounge, which is where prospective jurors wait to be called into a courtroom. He indicates those requests have not been answered.

Under the Home Rule Charter, the county does have an obligation to meet the "reasonable needs" of the courts, and I'd agree that replacing a filthy carpet is reasonable.

Greene acknowledges that he did allow the contractors to enter the courthouse through a side door reserved for judges exclusively. He said that won't happen again and was a mistake on his part. 

So are the judges above the law? Or am I a lousy journalist? Perhaps a little of both.

Disgraced Former Washington Tp Police Chief Is Operations Manager For Private Security Firm at NorCo's Juvenile Justice Center

Readers and friends often ask me why I accept anonymous comments. I agree that people hiding behind a veil can be nasty, much like Danglers in The Count of Monte Cristo. But there are times when I learn things from my nameless contributors. So it was yesterday in my story about the courts' decision to take it upon itself to provide private security for juveniles housed at the Juvenile Justice Center and pay them $344,000 of your money over just the first six months of this year. I was told that Scott Miller, who was compelled to resign in disgrace as Washington Tp's police chief, is working there. Sure enough, Miller's LinkedIn page shows that he is "Operations Consulting Manager" for Corporate Protective Services, the firm that the courts use to detain our children. 

On his LinkedIn page, Miller uploaded the video you say above, which I'd call just a tad bit of overkill for an outfit charged with security for children

Miller was involved in a one-vehicle crash on January 6 at Michael Drosnock's home along Kessersville Rd in Plainfield Township. Prior to this accident, he had been at a sports bar for eight hours. Though he was "mush-mouthed" and one officer could smell alcohol, he was never tested or charged. Once DA Terry Houck was made familiar with the circumstances, Miller was charged with two road violations. Unfortunately, because of the delay before filing charges. the case was dismissed

His employment as Washington Township's Police Chief ended with his resignation in 2020.  Supervisors approved a settlement agreement under which he was paid $15,000 (3 months pay) to go away. "This Agreement lets us put this unfortunate matter behind us and focus on making this Township the best it can be," states the Resolution.

I wrote numerous stories about Miller's one-vehicle crash (see links below).

In a letter to Executive Lamont McClure, President Praetor Craig Dally told one and all that the staff at Corporate Protective undergoes "rigorous vetting", but I'm calling bullshit. I have no doubt that Judge Dally sincerely believes this and has been assured of it, but there is no way that temporary workers, who may themselves be experiencing high turnover at lower wages than youth care workers, are getting the proper training. Not with Scott Miller.   

And why is the barber from Monroe County, where Greene happens to live? Don't we have barbers here? This is all beginning to emit a mephitic odor. 

Unlike public employees, who are subject to Right-to-Know, these glorified security guards are employed by a private company, so we have no way of knowing if there are any red flags.

With Scott Miller, there are several. 

Unfortunately, the judicial arrogance that resulted in this no-bid contract that was never submitted to the Executive in violation of the Home Rule Charter, is on display in another matter as well. I'll tell you about that on Wednesday.

At one time, Northampton County's bench was highly regarded by lawyers and litigants for the courtesy and respect that judges showed. That has changed. 

My previous stories:

DA Files Summary Charges Washington Tp Police Chief For Failure To Notify Homeowner of Accident

Washington Tp Police Chief Rolls Truck ... and Leaves Scene

Washington Police Chief Who Hit Home Failed To Notify Owner

DA Opens Investigation Into Police Chief's Crash

DA Files Summary Charges Washington Tp Police Chief For Failure To Notify Homeowner of Accident

Washington Tp Top Cop Suspended Without Pay

Suspended Washington Tp Police Chief on Patrol in Roseto (After this story published, he was suspended there, too.)

LVNewsBrief: PBS39 Has $8.66 Million Deficit in 2023

Jeff Ward's LVNewsBriefs reports that Lehigh Valley Public Media (PBS39) has a $8.66 million deficit in 2023. "LVPM spent $15.15 million in fiscal 2023 while taking in only $6.49 million. That works out to revenue less expenses of negative $8.66 million. In short, this Bethlehem-based outfit spent almost $1,000 more per hour — PER HOUR — than it took in. Impressive, and yet awful."

How does it plan to turn things around? By hiring a "transformation officer," lol. 

NorCo Judges Have Spent $344k in Public Funds For Private Security at Juvenile Justice Center

Since the beginning of this year, and without the blessing of either the Executive or County Council, Northampton County's bench has taken it upon itself to pay $344,286.36 of your money to provide private security at the Juvenile Justice Center.  Instead of using trained youth care workers with at least 60 college credits in social or behavioral sciences, the judges are manning the juvenile justice center with glorified security guards with a Corporate Protective Services, a for-profit company. Moreover, it appears that President Judge Craig Dally never submitted the written contract to the Executive for his signature, which violates the express language of the county's Home Rule Charter (Section 302(4)). 

Private security at a prison (and the juvenile justice center is precisely that), a rarity in Pennsylvania, have come under criticism because they "do not offer the high security required for particular inmates and often fail to follow the rules. Furthermore, there have been incidences of ignoring the inmates' health needs." Companies that offer these services are motivate by profit instead of the well-being of the persons in their care. This is especially disconcerting in a youth setting. 

President Judge Craig Dally complains that the Executive is attempting "to control how the Court spends its budget." He adds that Corporate Protective Services is "invaluable to the Court" and "highly specialized." While I'm sure that this private security firm enables the court to place more children in the facility and accept more out-of-county juveniles, I'm unpersuaded that the security guards on duty have any particular understanding or the necessary training spelled out in detail by the Department of Public Welfare. Judge Dally asserts that they do, but I find it difficult to believe that what his own court administration calls "temporary workers." Finally, he contends that these night watchmen perform "professional services" and are thus exempt from the Home Rule Charter requirement that the exec sign the contract. That argument is invalid for two reasons. First, the Home Rule Charter trumps any legislation to the contrary. Second, it's a real stretch to argue that unlicensed bouncers, who also cover concerts and guard warehouses, are professionals. 

Aside from the plain language of the Home Rule Charter, it's really difficult to justify a no-bid contract to an outfit that could expose a self-insured county to significant liability if one of these glorified security guards begins to abuse the children in his or her care. That's something that could exceed both the budget for the court and the county. 

My final concern is that hiring a private outfit to perform the same duties as a unionized youth care worker is union busting, pure and simple. 

The court is definitely an independent branch of government and is entitled to great deference in its management decisions. But its decision to violate the Home Rule Charter and open the county up to liability for abuse by a temp or for an unfair labor practice seems more likely to compromise that independence than assure it.  

Below you will see letters from the Executive, President Judge and Director of Fiscal Affairs concerning this matter.   

Exec Letter to PJ Re Corporate Protective Service by BernieOHare on Scribd

Letter From PJ to Exec Re Corporate Protective Services by BernieOHare on Scribd

Letter From Fiscal Director to PJ Re Corporate Protective Services by BernieOHare on Scribd

Project 2025 Explained by SNL's Kenan Thompson

You can read Project 25 here. As summarized by the Kamala Harris campaign, it does the following: (1) Donald Trump and his MAGA allies plan to reward political violence, prosecute political opponents, and pardon January 6 insurrectionists; (2) Trump and his allies are planning a massive expansion of presidential power, with plans to restructure the government and concentrate power in Trump’s hands. (3) Donald Trump brags about abortion bans across the country – what’s next is even worse; and (4) Trump is promising to cut Social Security and terminate the Affordable Care Act to fund tax giveaways to his billionaire buddies and lower taxes on big corporations in a second term.

Trump is now trying to distance himself from the plan to centralize power in the executive branch. I don't believe him because he routinely lies. 

What I like and Dislike About the DNC Convention

I don't know how many of you have been watching the DNC National Convention, but on the basis of the numerous off-topic comments I've received that blast Democrats and Kamala Harris, I'm concluding that the audience includes a large number of Trump cultists whose heads are exploding. There have been a number of powerful speeches, but K believe the headliners should be speaking closer at 9 pm, not 11'30 pm. Right now, I'm listening to Oprah talk, but the person we really need to hear from tonight is Tim Walz, and before 11 pm. 

Joe Biden: "“Nowhere else in the world could a kid with a stutter and modest beginnings in Scranton, Pennsylvania, and Claymont, Delaware, grow up to sit behind the Resolute Desk in the Oval Office.”

Michelle Obama: "“For years, Donald Trump did everything in his power to try to make people fear us. See, his limited, narrow view of the world made him feel threatened by the existence of two hardworking, highly educated, successful people who happen to be Black”

"Who’s going to tell him that the job he’s currently seeking might just be one of those ‘Black jobs’?”

Barack Obama: ""Here's a 78-year-old billionaire who hasn’t stopped whining about his problems since he rode down his golden escalator nine years ago. It’s been a constant stream of gripes and grievances that’s actually gotten worse now that he’s afraid of losing to Kamala."

How is NorCo Addressing Climate Change?

"Climate change" is commonly thought of as global warming brought about by our reliance on fossil fuels and wasteful agricultural and industrial practices. But more accurately, it's the term used to describe long-term shifts in weather pattens. Some of this has nothing to do with us. Some of it does. Ironically, the current global warming might actually throw us into an ice age, and sooner than you think. Some scientists predict that the gulf stream is about to collapse as a result of melting glaciers, and if that happens, temperatures here in North America will drop dramatically. There's little doubt that this "busy monster, manunkind" is the culprit. We like to play with "the bigness of our littleness." But what is our littleness doing in NorCo to combat climate change? Does it really matter? 

At last week's Energy Committee Meeting, Executive Lamont McClure outlined some of the small steps the county is taking.

1) Invested $9 million, with a $13 million local match, to preserve 3,599 acres of open space and environmentally sensitive land. 

2) Invested $11,744,162, with a $23 million local match, for livable landscape grants that include municipal parks, ecological restoration, trail parks, park recreation, open space plans.

3) Invested $4,642,862 with a local match of $1 million, to preserve 622 acres of environmentally sensitive land.

4) 256 farms preserved, with 22 easements in progress. 

5) Solar panels on the new forensic center.

6) Working on a project to bring hydroelectric power from the canal.

7) Plans to install solar panels on new county buildings.

8) Charging stations planned for parking lot. 

What The Hell is Going On at PBS39?

In the entry below, I tell you about Jeff Ward's entry into the blogosphere with LVNewsBriefs. He has a fascinating series (two parts so far) about what certainly appears to be a mess at PBS39. Though it sits on an $80 million endowment, which invested at 6% would yield $5 million a year. Despite this, it is suffering revenue shortfalls and has reduced staff from 80 to 60. It is, of course, seeking handouts from the federal and state government. It even has its hand in Easton's pocket for $10,000. As Jeff observes, "Easton needs it more than a TV station/news outlet/public radio operation does.

Let's Welcome LVNewsBriefs, a News Blog Written By An Actual Journalist

I first got to know Jeff Ward when he covered NorCo for WFMZ-TV69. He's one of the many reasons why that station still manages to provide excellent coverage of at least the cities and county government. Jeff recently retired from WFMZ, but as he puts it himself, he's "not the retiring type." And that's good because we all will be able to benefit from his new news blog, LVNewsBriefs. 

The title is apt as, unlike me, he's learned the art of being succinct. "Stories here will be brief and get to the #$%#$ point," he says.

Even better, he's an actual journalist. He spent 23 years at Bloomberg, 5 at WFMZ, and older readers might remember his bylines from the former Bethlehem Globe Times. 

Did you know that PBS39 is undergoing a "transformation" (its word for layoffs) and has cut its staff from 80 to 60? You can read about it here. 

How about a Lehigh Valley company - Shift4 - that saw a stock rise of 12% over the past week? You can check that here, and if you have $ to invest, the ticker symbol is FOUR. 

How about Bethlehem's plan to replace a 2- million-gallon-drinking-water reservoir? He even has a blurb about that, and he's just getting started. 

His blog does allow comments and he himself does sally forth with an occasional opinion. 

I am delighted to see this happen and hope it helps keep you informed. I have added his site to my bloglist, which is available on the PC (personal computer, not politically correct) version of this blog. 

Vargo-Heffner Is Acting More Like a Queen Than Council President

As I mentioned in another post today, I can be highly critical of Northampton County Council members. This includes newly elected member Jeff Warren, whose mawkish behavior just drips with saccharine. But he was absolutely correct in a complaint he made at last week's Thursday night meeting. As a Council member, and under the express provisions of the Home Rule Charter (Section 604), he has an absolute right to introduce a resolution. Although consideration can be delayed so that the requirements of the Sunshine Act are met, it must be considered by the body. The Council President has no authority, especially on her own initiative, to indefinitely delay consideration. Yet that's precisely what Lori Vargo Heffner, Council's President, has done. 

Here's her explanation for refusing to place this matter on the agenda for two meetings in a row. "When you brought it up two weeks ago, I stated that I had questions for the administration, and that when I got to have that conversation and got those questions answered, then I would put it on the agenda and not before." She went on to say there was a "back story." 

That "back story", whatever it is, needs the spotlight of a public meeting. 

She has no right, as Council President, to arbitrarily decide to push this off until her questions are answered behind closed doors. This is why we have a Sunshine Act. This is why we have public meetings. 

Vargo-Heffner's refusal to honor the wishes of a duly elected Council member betrays a complete misunderstanding of both her role and the Home Rule Charter. 

In April, Council member Ken Kraft told her, "You're the Queen and we're just your servants." 

She has proved him right. 

Have I Been Cursed by NorCo Council Members?

Last week, I was highly critical of NorCo Council member Kelly Keegan's refusal to go agree with a salary for a new assistant DA, even though it is below the starting wage of an assistant public defender. It is my view that, as one of Executive Lamont McClure's rubber stamps, she represents his desire to keep wages ridiculously low instead of paying people what they are worth. I also insulted one of McClure's opponents on Council, not on this blog, but in a number of text exchanges in which I accused this person of being both illogical and having some irrational fear of gay people. I was feeling pretty good about myself for being such an asshole but paid the price. I think those bastards cursed me or got a voodoo doll and began sticking pins in it. On Thursday, nearing the end of a long bike ride in Bethlehem, I had a nasty spill while navigating through railroad tracks at a small bridge near Conestoga Street in Bethlehem. It hit them at a bad angle and my tire wedged between the track and the new rubberized rail sides. I went down hard, and now I have road rash pretty on my left arm, left leg and a bruised left hip and shoulder.   

According to New Scientist, one-third of cyclists over 65 are good for one spill each year. This is my third.  On the first two falls, I injured my left side. Now I have matching road rash and bruises on my right side as well.  

When I fall, I usually lie there for a few minutes and try to assess whether anything is broken. Then it takes another few minutes to get up and another few minutes to walk around and see if I can hop back on. I was doing that on Thursday when it suddenly dawned on me that a railroad track with rubberized sides is almost certainly an active line. With that realization, I suddenly became very nimble.

Yesterday, I was back on the bike. It was muggy but there were no clouds. Once I was about 10m miles away, the skies opened up and thunder began cracking. Once I made it home. it stopped. 

It's been a rough summer, but I'm finally beginning to understand why. 

Lehigh Valley Planning Comm'n Seeks $1.15 Million From NorCo in 2025

In the story below this one, I told you that NorCo Exec Lamont McClure is cheap. I don't see him run around turning off lights the way John Stoffa did when he was at the helm, but he's still as miserly as any Republican. So when he told County Council last night that Lehigh Valley Planning Comm'n (LVPC) is seeking an 81% increase for next year, he burst out laughing. 

LVPC wants $1.15 million from the county in 2025. McClure noted this planning agency has $4 million in reserves, which amounts to 9-12 months of their operating expenses.  He made clear that this request is DOA. Although Council could fund this request, he said they'd need six votes because he would veto it. 

He said he would support an increase in line with the consumer price index. 

Kelly Keegan Votes No to Paying Starting DA the Same Salary as a Starting PD

Yesterday, I told you that NorCo DA Steve Baratta announced has hired Frank Donchez, Bethlehem's former Police Comm'r, as an assistant prosecutor. He said Donchez's background in law enforcement and as a practicing attorney made him a worthy choice. Although he was hiring an assistant DA to an existing position, he sought a three-step upgrade for Donchez from $67,828 to $77,403. Under the Administrative Code, a three-step upgrade requires County Council approval. Last night, he got it. Council voted 8-1 in favor of the upgrade, with Kelly Keegan casting the lone No vote. 

Yesterday, I accused her of taking her cues from Executive Lamont McClure. I say this because she has been a reliable rubber stamp for him since being sworn into office.  And McClure, to be blunt, is cheap. He does not like paying people who work for the county a lot of money. Ask any union member. Ask any career service worker, Hell, ask anyone who works for the county. He even opposes much-needed pay increases to his own position. 

My accusation angered Keegan, who posted a comment here, ripping me, and followed that up with a claim at last night's meeting that this is a "drama blog." 

Actually, this blog focuses mostly on Lehigh Valley and Northampton County government, making it more of a comedy blog. Bad comedy, yes, but there it is. 

Keegan then proceeded to complain about the $10,000 payhike as well as a pension that is earned after five years, as though she were the Judy of Punch and Judy, with Lamont McClure pulling the marionette strings from above. She also argued that since she had to start as a new hire when she moved from Allentown to Easton School District, everyone should. 

Later that night, she voted to hire Aline Shafnisky as Council Clerk at a salary well above what she earned as a Deputy. 

Her own thinking is inconsistent, which is what happens when people vote as they're told instead of on the basis of what they believe. 

She's choosing to ignore the real difficulty that District Attorneys across the state and country have had in attracting new talent. She also ignored a point Baratta made for two days in a row - Donchez' salary would still be below the starting salary of an assistant public defender. "I'm asking for a salary that's competitive with what we pay our brand-new PDs," he said last night. Public defenders have a duty to represent indigent defendants, while prosecutors protect the community. That's why they represent "the Commonwealth." 

Council member John Goffredo agreed with Baratta. "I don't know why we are not allowing the guy that got elected to run the office the way he sees fit. If you think this is going to help, I would love to be in support of it. 

There was no other discussion, and Keegan found herself alone in voting No. Even Jeff Warren, the Punch to the usual Punch and Judy routine, voted Yes. 

UPDATED: NorCo Council to Consider "Period Poverty" Ordinance Tonight

Northampton County Council will consider what is known as a "period poverty" ordinance at tonight's meeting. It calls for free sanitation products in all Northampton County restrooms excepting those with no running water. 

The term "sanitation products" is defined to include soap, toilet paper, menstrual pads and tampons. 

Period poverty was the subject of an op-ed by Council members Jeff Warren and Kelly Keegan in May. 

On Monday, Montgomery County announced a similar measure under which free tampons and menstrual pads will be made available at all county-owned facilities. 

According to UNwomen.org, 1 of 4 teens and 1 of 3 adults struggle to afford menstrual products, especially among those of color or who are economically disadvantaged. 

Because this is an ordinance, it is binding on the Executive and future county councils. The Executive could veto this ordinance, but it could be overridden by six votes from Council. Future Councils would require a separate ordinance to repeal this measure, if enacted. 

This resolution, like many council resolutions, has no teeth. The county executive can ignore or embrace it. To make this binding on the Exec and future councils, an ordinance would be required. 

7:30 am update: In my original report, I misread the ordinance as a resolution, , and have now corrected my error. 

Baratta Taps Bethlehem's Former Police Comm'r as NorCo Prosecutor

During a brief committee meeting of Northampton County Council yesterday afternoon, DA Steve Baratta announced that he has hired Frank Donchez, Bethlehem's former Police Comm'r, as an assistant prosecutor. 

Donchez, a 2001 graduate of Temple Law, served on Bethlehem's police department for 25 years (1985-2006). He practiced law in Bethlehem for six years before serving stints as police chief in Davenport, Ia (2008-2014) and Overland Park, Ka. 9 years). He is also a licensed pilot. 

Because he was hiring an assistant DA to an existing position, Baratta was a bit confused about why he was in front of council. Apparently, the reason is because the position involves a three-step upgrade from $67,828 to $77,403. Under the Administrative Code, a three-step upgrade requires County Council approval. 

Council member Kelly Keegan, obviously taking her cues from Executive Lamont McClure, questioned the need for a $10,000 3-sstep increase. The answer to that question should be just as obvious. Donchez is an experienced attorney with decades of experience as a police officer and as a chief.  

Keegan also complained that Donchez would be eligible for a pension after five years. 

Baratta noted that Donchez' salary would still be below the starting salary of an assistant public defender. 

PoliticsPa: Dems Have 356k Voter Registration Edge Over GOP in Pa

 According to PoliticsPa, Pennsylvania Democrats have 356k more registered voters than Republicans. "Democrats (3.9M) continue to hold a registration advantage over Republicans (3.55M) by approximately 356,000 voters. Those registered with no affiliation total just over one million (1.03M), while other party registrants are just under 345,000." But as I periodically note on this blog, they have been losing that edge for at least the past 10 years. "Democrats continue to see defections to Republicans, independents or other parties since the start of 2024, as 39,278 have signed on as members of the GOP, while 22,786 indicated another preference. For comparison, the GOP lost 14,652 to Democratic registration and an additional 21,991 to others."

Given this numerical advantage, it should come as no surprise that the latest Pa. polls show that Harris is now leading Trump in the Keystone State. 

This can be reversed if Trump is able to negatively define Harris in a way that resonates with voters. So far, his misogyny and racist dog whistles have failed.  

Wilson Area School District and Wilson Boro Unanimously Approve Tax Break For Dixie Cup Developer

Last night, Wilson Area School District voted unanimously in support of a resolution that will permit Skyline Investment Group to take a $29 million tax break known as a TIF for development of the long vacant Dixie Cup factory in Wilson Borough. The TIF resolution itself was unavailable to the public prior to the vote, but comments from school directors indicate that the district will receive $1.25 million from the developer. 

Wilson Area School District is the largest of three taxing bodies (in addition to NorCo and Wilson Borough) willing to allow the developer to use an increased tax assessment to finance the project. As originally drafted, all three taxing bodies would need to wait as long as 20 years before seeing a dime in increased revenue. 

In July, Skyline proposed giving the school district a $1 million cash contribution. Between then and now, that contribution has increased. 

This tax break was also on Wilson Borough's meeting agenda last night. Skyline had proposed a $500,000 cash contribution to the borough in exchange for the tax break. That offer was sweetened to $600,000 and was passed unanimously as well. 

According to Tina Smith, NorCo's Economic Development maestro, soonest that a TIF ordinance creating a TIF district can be introduced is September 5. A public hearing would take place September 19, with a final vote on October 17. 

Northampton County is slated to receive $1.1 million for affordable housing in exchange for creating and approving a TIF district. 

Real estate developer Nat Hyman, who himself was interested in acquiring the property with no tax incentives, has attacked the proposal and warned County Council they are being scammed. 

Below is a summary from Wilson Borough activist Armando Moritz-Chapelliquen, who was at the school board's meeting.

Last night, both Wilson Area School District and Wilson Borough voted unanimously in favor for their TIF Resolutions, leaving the question of the TIF District, and the redevelopment of the Dixie Cup site, up to Northampton County Council. 

Last time around (and in the picture above), I mentioned that the developer was offering up-front payments to both Wilson Borough ($500,000) and Wilson Area School District ($1,000,000). In the resolutions passed last night, both of these amounts were increased, with Wilson Borough now set to receive $600,000 and Wilson Area School District set to receive $1,250,000 at the loan closing. I am still not clear on what the mechanism is for these payments to be made, or if they're going towards particular uses (like the $1.1 million going towards the County's Affordable Housing Fund). 

 

It should also be noted that I was under the impression that these resolutions would need to have a public hearing before getting a vote by the Borough and School District. That, apparently, was incorrect. The only body required to have a dedicated public hearing is the County, which is where the resolutions are headed now. 

 

In the absence of seeing both resolutions or public hearings at either body, I'm expecting there to be a more thorough discussion about the TIF when this gets on County Council's agenda, which should be over the next couple months. I haven't yet heard much deliberation or rationale for the upfront payments or if they're enough for either the Borough and the District. Who came up with the figures? Who pushed them up? How will the money be spent? To date, I'm not clear on any of these questions.

 

I recognize that the Borough and School District voting unanimously sends a very strong message to the County Council. However, the Borough and School District also voted unanimously for the LERTA that I strongly opposed and led advocacy efforts against two years ago. County Council voted that LERTA down, preventing the sale of the Dixie Cup site to a developer who wanted to make it a warehouse. That same LERTA was repealed--unanimously--by both the Borough and School District last night. 

 

I'm not suggesting that we're in the same position we were in two years ago; we're significantly better off... but we only got here because the County Council took the time to ask the hard questions, debate publicly, and share documents ahead of any scheduled votes. That deliberative and engaged approach needs to happen again.

 

The next and last stop for this public debate is Northampton County Council. A hearing could be scheduled as soon as next month. When that gets scheduled, I'll be sure to share the details. I hope to see you there.

Why Trump is a Bad Choice

Though I'm a Democrat, I've often voted for Republicans. I've voted for them even when I disagreed with most of their policy positions. The reason? In my view, the character of a candidate for public office means a lot more than his views on the issues. In Trump's case, he has none. People, especially uncommitted voters, are beginning to see this. The latest polling bears this out.

There are those who will say they don't like him but will vote for him because they agree with his policies. I'll spare you his numerous flip flops because I think he's got no moral character.

A British writer at London Daily sums it up succinctly by observing "he has no class, no charm, no coolness, no credibility, no compassion, no wit, no warmth, no wisdom, no subtlety, no sensitivity, no self-awareness, no humility, no honour and no grace." He adds that this bully also happens to be a "a troll. And like all trolls, he is never funny and he never laughs; he only crows or jeers. And scarily, he doesn’t just talk in crude, witless insults – he actually thinks in them. His mind is a simple bot-like algorithm of petty prejudices and knee-jerk nastiness."

Even now, Trump is more focused on the size of his crowds than in the number of votes he will get. Sure, he will still get votes from his cult, but it will stop there. 

UPDATED: AP Reporting That RFK Jr's Petition For Ballot Access in Pa is Under Challenge

According to AP, a legal challenge has been filed to keep Robert F Kennedy Jr off the ballot in this year's Presidential race. Although I've yet to see the objections on the Commonwealth Court website, they are based on "ineligible signatures and defects." 

I do know this. No bear will be supporting Kennedy. 

9:30 AM UPDATE: Here is a link to the actual challenge filed in Commonwealth Court. 

NorCo GPA Takes No Action on Dixie Land Transfer

In May, Skyline Investment Group representatives were at the NorCo's General Purpose Authority (GPA) meeting. Wilson Borough actually owns a small triangular piece shown on the tax map you see above as 1C-1. It is 0.35 acres located along the eastern side of 25th Street and is actually the beginning of a bike path that extends from the Palmer Bike path and hooks up with the Tatamy Trail. According to Claudia Robinson, who is actually a tax credit maven employed by an outfit called AreaProbe, Skyline plans to move the giant Dixie Cup currently on top of the vacant factory and plant it next to the bike path, where people could ooh and ahh at its wonder. 

But there's a problem. Wilson Borough is unable to convey directly to Skyline unless it first conducts an auction at which anyone could bid to buy the tract. This could complicate Robinson in her quest to attract private equity with promises of an historic tax credit. 

To foreclose the possibility that someone other than Skyline gets this tract, the Borough could convey to the county GPA, which in turn would munificently turn it over to Skyline. That way the law against this kind of insider dealing would be followed even though the spirit of the law would clearly be ignored. 

In July, the GPA tabled this land transfer because Wilson Borough itself had yet to take action.  Though Wilson Borough has since authorized the transfer, the GPA took no action at all at their meeting yesterday. 

NorCo Currently Has 223,823 Registered Voters

At their August 5 meeting, the Northampton County's Elections Commission  received reports from both Solicitor Michael Vargo and Registrar Chris Commini:

Solicitor's Report.

Undated ballots. Current law is that undated mail-in ballots (MIBs) will not be counted. 

Date on Outer Envelope Must Have "2024" Printed.  A state directive now requires the county to print "2024" on outer envelopes of mail-in ballots (MIBs). NorCo Asked for an exception bc the county has numerous undated envelopes on hand, but it was denied. The month and day must still be filled in by the voter. 

Absentee ballots (not MIBs). Litigation is pending that would require absentee ballots to be voted at the precinct instead of at the elections office, like MIBs. No decision has been reached in that matter and it is unlikely that there will be a judicial determination until after the election.  

Registrar's Report.

As of August 1, there are 223,823 registered voters. No party breakdown was provided. 

There have been 30,262 applications for MIBs. 19,871 of these applications are from Democrats account for 19,871 of these applications. MIBs are being sought by 7,009 Republicans. The rest are other parties or independent. 

Plainfield Delabole voting precinct will be at the Plainfield Tp Fire Co's banquet hall and will hopefully be the permanent location. 

Voter outreach. Registering seniors at the eight senior centers. 

Logic and accuracy testing for Express Vote XL voting machine. This is tentatively set for the first full week of October (10/7 thru 10/11). 

Epollbook testing. Will take place 10/29 and 10/30. 

Dropboxes. Dates they will open are TBA. 

Misleading letters. Voters may receive letters scaring them into thinking their vote will not be processed or leading to spurious websites. Any voter with any questions can call the elections office at 610-829-6260 or 1-877-VOTESPA. 

My Brother Uses Musikfest For Bible Reading Marathon

As some of you may know, I have a brother named Mike. He's nothing like me. For one thing, he's a Republican. Worse, he tries to help get Republicans elected. Even Trump. My favorite restaurant, Pho Bowl, is close to where he lives. Not long ago, after dinner there, I decided to prank him by stealing all of the Trump signs from his lawn. I did so and then called him.

"Those are my neighbor's signs," he said. 

I quickly put them back.

"I'm calling the cops anyway."

That's his dry humor. 

I think.

We're nothing alike. I can be loquacious while he is laconic. He is mechanically inclined while it takes me three hours to change a light bulb. And he is deeply committed to his religious beliefs while I, like most good Catholics, studiously avoid church. 

I called Mike yesterday to ask him to check out a used car once I decide to buy one. He said he'd be happy to do so, but not this week because he's involved in a bible reading marathon outside of Musikfest. 

"Say what?"

"Yeah, we're reading the entire Bible at Johnston Park. Lesle [Mike's wife] is there now."    

"The entire Bible?"

"All 66 books. Why not come down and listen for a bit?"

"Mike, I know how it ends, but I won't spoil it for you." 

What Does Area Agency on Aging Do?

Lori Stanton Laney is Northampton County's Director of Area Agency on Aging, appeared before Northampton County Council's Human Services Commitee on August 1 to provide an overview of what exactly her office does for seniors. Unfortunately, much of what she said her office does is nowhere on the county's webpage. She said it is in the process of being updated, but that's no consolation to seniors exploring what options are available. 

"Some of them [services] are on there," said Laney. "We're working on getting all the information back up there again." 

Senior Centers. There are 11 in the county, open Monday thru Friday. They provide relief to those seeking respite from the heat. They also provide lunches in exchange for a donation. 

Farmer Market Voucher Program. These are $50 in vouchers for seniors age 60 or older for some limited participation in farmer markets. This is income-based, but there is on an honor system. This sounds good, but most seniors will tell you that very few vendors to honor these vouchers. This program runs from June 1 through November 30, and can be obtained at the Human Services Building at 2801 Emrick Blvd in Bethlehem Tp.

Options Program. This includes safety checks for someone worried about a neighbor. The goal is to keep seniors in their homes, living independently, as long as it is safe for them. This also includes in-home services, funding for adult aid services, in-home meals and personal care.

Caregiver support program. This will reimburse grandparents or older adults for seasonal clothing, baby food, formula and even camps. 

Protective services. Investigates abuse, neglect, exploitation and abandonment of older adults. Caseworkers respond to complaints within 72 hours unless there is need for an immediate intervention. 

NorCo DA Steve Baratta Has a 17-Person Prosecutorial Squad

At Northampton County Council's July 18, 2024. meeting, District Attorney Stephen Baratta discussed his staffing. He indicated he was slotted for 22 full-time assistants when he first took office but converted two of those positions to part-time slots. He indicated his "sweet spot" for dealing with what he calls a "significant backlog" is to have 17 or 18 full-time prosecutors and two part-time prosecutors. 

As of yesterday, he reports having a covey of 17 prosecutors, which I'm listing below. He hopes to hire one or two law school graduates over the summer. He told County Council that he will seek no additional money beyond what is allotted to him this year and plans to seek no increase in next year's budget. 

NorCo ADA List 8.5.24 by BernieOHare on Scribd

RFK Jr Leaves Dead Bear in Central Park

Presidential candidate RFK, Jr, is certainly wooing the wingnut vote. His latest? He once left a dead bear cub in NYC's Central Park as a prank, ha ha. It's unclear whether he was under the influence of a worm that ate a part of his brain and died. 

NorCo Assistant DA Faces DUI Charges in Lehigh County

A former Lehigh County prosecutor who now is Northampton County "Deputy" District Attorney is himself a criminal defendant. Joseph R Stauffer, who helps run the District Attorney's Drug Task Force, was charged by Whitehall Township police with driving while under the influence (DUI) on May 30, and at the highest rate of alcohol in his system (0.16% or higher.) He was also charged with the summary offenses of careless driving and with bad tires. He has waived these charges into Lehigh County Court and is scheduled to be arraigned on September 17.  He was required to post $2,500 bail.

He is represented by well-known and highly respected defense attorney Angelo Almonti. 

Because it is Attorney Stauffer's first offense, he will almost certainly be eligible for ARD.  

Stauffer is a 2003 graduate of Widener University School of Law and has practiced law since 2004. He has no history of any discipline by the state disciplinary board. 

I only learned of these charges on Friday through an anonymous comment posted on this blog. Though the offense is from May 30, the public has a right to know when a prosecuting attorney is himself in the dock. 

As an exempt employee, Stauffer has none of the job protections in place for career service or union employees. But most employees, whether they work in the public or private sector, survive a first offense DUI.

As of April, the following individuals were a part of the DA's staff: Robert Eyer - First Deputy District Attorney; Jeffrey Dimmig - Senior Deputy District Attorney; Matthew Falk - Senior Deputy District Attorney; Leonard N. Zito - Senior Deputy District Attorney; William M. Blake - Deputy District Attorney; Joseph D. Lupackino- Deputy District Attorney; Dan Polanski – Deputy District Attorney; Lisa Tresslar - Deputy District Attorney; Joseph R. Stauffer - Deputy District Attorney; Nicole Bachman – Assistant District Attorney; Catherine Kollet - Assistant District Attorney; Ellen S. Kingsley - Assistant District Attorney; and Michael S. Weinert – Assistant District Attorney.

There have been additional hires since that time, but I have no details at this time. 

Gracedale Nursing Home (and Daycare) Update

Gracedale Administrator Jennifer Stewart told Northampton County Council that the daycare center furnishings must be in place before the operator can seek licensing. She said they should arrive by October 8. 

Census is 443, with a goal of 450. The home is licensed for 688 beds. The nursing administration is now fully staffed, but she acknowledged the home still relies very heavily on agency nurses.

Finally, she indicated that the cafeteria now provides made-to-order meals, which have been a hit with staff. 

NorCo Council Tables Ordinance Requiring Evaluation Committee For All RFPs and With Council Participation

Last night, Northampton County Council voted unanimously to table an ordinance designed to give them much more input in the selection of county vendors. 

By way of background, let me fill you in on the current way most vendors are chosen. In addition to sealed bids, one of the ways that Northampton County hires vendors is through a competitive negotiation process called a Requests for Proposals (RFPs). They are opened by the Procurement Officer, with the Controller's office serving as a witness. If deemed necessary, a committee can be formed to evaluate and rank the proposals. If such a committee is formed, a member of County Council must be invited to sit on it. 

Under a proposed ordinance sponsored by Council members John Goffredo and Jeff Corpora, the Administrative Code would require the establishment of an evaluation committee for all RFPs. What's more, up to three Council members would participate in the selection of vendors. The reason for this, according to the ordinance, is that "public trust and confidence in the ethical conduct of individuals elected, appointed and/or employed to serve the County is of paramount importance." Sounds very noble, but this could also be a way for some council members to operate behind closed doors and influence the selection of vendors with whom they are allied, either personally or politically.  

Now, Council President Lori Vargo Heffner did seek and get an amendment that would make Council's participation optional at their discretion, but the ordinance would still require that a committee be formed for every RFP. 

NorCo Controller Tara Zrinski raised red flags about the proposed ordinance during courtesy of the floor, while Council President Lori Vargo Heffner carefully timed her five minutes. Zrinski noted her office, which exists to ensure against fraud and waste of county funds, must be present when RFPs are opened. She first noted that requiring the Procurement Officer to form an evaluation for every RFP would cause unnecessary delays. She then warned that a County Council stacked evaluation committee, which would obviously be meeting behind closed doors, would create the possibility of "outside pressure and interventions in the process," which she later described as "political or inappropriate interventions into the vendor selection process." She made clear she has no reason to doubt the integrity of Council members, but this could put multiple council members "in a position to steer county business to political supporters or donors." She indicated she understands Council's desire for transparency, but the proposed ordinance has too many "negative impacts."

During his moment in the Council sunshine, Executive Lamont McClure said he was unaware the Controller was going to raise an alarm, but he largely agreed with her. He asked whether the ordinance requiring the formation of a selection committee for every RFP would apply to "the chocolate milk at Gracedale." He then asked what a mandatory selection committee with County Council membership is meant to address. He noted most RFPs, which are in such small amounts that no council approval is needed, are administrative functions.

"What is the impetus for this?" he asked. "I'd like to know what specifically the problems in procurement have been that you can identify that would lead me to evaluate whether we should do this or not." 

Crickets.

Vargo Heffner would later complain that she once received a letter from procurement about selecting a Council member for an evaluation committee if one is formed. She thought that was "incredibly dismissive and rude." 

Council member Ron Heckman said he thought it might be appropriate for a council member to sit on an evaluation committee, but strictly as an observer. He also warned that all county power should not be vested in one branch, be it executive or legislative. He concluded that the ordinance could use some tweaking.  

"I don't know whose hair-brained idea this was," said Council member Ken Kraft, who added the current system works fine. He called it a "power grab" by a Council that already controls the purse strings. He moved to table, which was seconded by Jeff Warren. 

It passed unanimously.  

NorCo DA and Exec Resolve Differences Over New County Detective

About two weeks ago, NorCo DA Steve Baratta wanted County Council's blessing to hire a retiring Bethlehem police officer as a new county detective. At the same time, he wanted to give all county detectives, who are part of a collective bargaining unit, a 15% payraise. He was missing one thing - the proposed resolution. It was pulled by the county administration. As Executive Lamont McClure explained it, the county administration, and not the DA, is the exclusive negotiator of union contracts, even for the DA and judges. County Council Solicitor Chris Spadoni told Baratta to just prepare his own resolution, and County Council would vote on it this evening. That, too, would violate the Home Rule Charter requirement that only the administration negotiates collective bargaining agreements. Fortunately, the matter has been resolved. 

Under Northampton County's Home Rule Charter (HRC) and what was once referred to as Section 1620 rights, the District Attorney has very broad power to "appoint, promote, transfer, demote, suspend [or] dismiss" both career service and exempt employees. But he is bound by any of the collective bargaining agreements are in place, which in this case apply to both his secretarial staff and county detectives. He also lacks the authority to deal with the union on his own whim. That is the prerogative of the Executive.

The HRC specifically vests the Executive with the authority to "supervise and direct the negotiation and administration of any collective bargaining agreements with employees ... ." This makes sense because it is the Executive, and not the DA, who has to pay for whatever wages and benefits are negotiated. 

What about County Council? Neither they nor the Executive play any role in a district attorney's assessment of what positions he needs. And County Council plays no role in contract negotiations. But it has the most important role. It is up to them to "approve any collective bargaining agreements with officers and employees." They have the power of the purse.

How was this matter resolved? Tonight, Baratta will ask County Council to approve a brand-new exempt county detective position at a salary of $77,403.  The DA has the right to hire and fire when it comes to exempt positions. He is no longer seeking a salary upgrade for the remaining detectives, but has made his wishes known to the Executive, and the Executive will hoor those wishes. 

County Council is being asked to approve the salary. They play no role in hiring decisions o0f an independently elected official or in contract negotiations, but they set the salary.