Local Officials Condemn District Judge Gerrymander

Hanover Tp Manager Jay Finnigan

Northampton County's Magisterial District Judges Association have proposed an alternative to one already approved by the Pennsylvania Supreme Court in June. The plan already approved consolidates two districts in the northwestern corner of the County, which will force two incumbent District Judges to face each other in an election contest. The alternative proposed by District Judges keeps those districts intact, and instead abolishes Joseph Barner's district, which serves Bethlehem Township. Because Barner plans to retire, this is the most convenient solution for District Judges. But according to Hanover Township Manager Jay Finnigan and State Senator Lisa Boscola, some judges are trying to save their jobs at they expense of the public they serve. They have both spoken against the proposed redistricting in letters to president Judge Stephen Baratta.

Hanover Tp Manager Jay Finnigan: "In the political world this would be labeled gerrymandering. The proposed alignment attempts to establish an advantage for a group (two DJs) by manipulating the boundaries in order to avoid the elimination of one District magistrate in Northampton County in 2016.

"The proposal is a disservice to the residents and businesses of Hanover Township, the code enforcement officials of the Township and the Colonial Regional Police. Requiring the Colonial Regional Police to process paperwork and prosecute offenses for Hanover in the Borough if Northampton increases expenses (fuel and wear and tear on vehicles), delays the processing of warrants, and increases the amount of time an officer is out of service while attending a hearing. Combining all these factors, police protection decreases in the Township and puts public health, safety and welfare at a greater risk."

State Senator Lisa Boscola: "As a Senator and resident of Bethlehem Township, it is my belief that the elimination of [District Judge Barner's District] would have a negative impact on law enforcement and the public safety for the residents of Bethlehem Township. It would require Bethlehem Township police officers to travel seven or eleven miles if the Township is split under the new proposal."

Township, Borough Officials Angry at Allentown's Tax Grab

Hanover's Jay Finnigan

Under a law passed in 2009 and amended in 2011, a 130-acre downtown Neighborhood Improvement Zone was established in Allentown, to defray construction costs for a hockey arena and other improvements. But what was largely unknown, until a recent Morning Call report, was that even earned income taxes owed to other municipalities like Bethlehem and Hanover Township, can now be diverted to help support projects in the Queen City. Many local township and borough officials had no idea this would happen, and are disturbed that this could lead to revenue shortfalls in heir own budgets.

At a Hanover Township Supervisors' meeting on January 23, Manager Jay Finnigan told the Board this tax grab "could have a serious effect on the surrounding municipalities. It looks like some of our current tax dollars are going to fund financing and maybe building of the arena in center city Allentown."

Finnigan stated that in 2009, when this legislation was first proposed, "We expressed our opposition." He adds Township officials did so again last year, when the law was amended. "What right do any of these intermediaries have to take our money and divert it to some other purpose?" asks Chairman John N. Diacogiannis. Finnigan also questions why no financial analysis was done before this legislation was enacted to see how it would impact surrounding communities.

Joined by Lower Macungie Manager Bruce Fosselman and South Whitehall Manager Jon Hammer, Finnigan has notified municipal managers throughout the Lehigh Valley that they have scheduled a meeting with State Senator Pat Browne, the author of this legislation, so they can register their concerns. Finnigan adds, "It is imperative that all Political Subdivisions have their elected and appointed officials contact the members of the Lehigh Valley Legislative delegation and demand that the legislature modify this portion of the enacting legislation."

This tax diversion would include employees who work at PPL Plaza, the new Butz Building, Holiday Inn, Sacred Heart Hospital, the new Arena and the new J.B. Reilly City One Building.

Whitehall Mayor Ed Hozza reports that 90 Whitehall residents are employed at Sacred Heart, but township and borough officials have no idea of the exact numbers affected. Hozza has laid out some options suggested by other Township managers: (1) withhold EIT due to Allentown; (2) demand that every municipality have membership on the arena board; (3) take coffee and dump it in the Lehigh, not tea; (4) boycott the arena; and (5) demand a luxury box at the arena for every resident whose tax dollars have been diverted.

Bangor Borough Council member David Houser has branded the tax grab nothing short of "taxation without representation."

Updated 10:20 AM: East Penn School Board Prez Chuck Ballard, in response to learning of the EIT theft, has suggested a new name for the Phantoms - the "Allentown Pirates."

Finnigan Proposes No-Tax Increase Budget in 2011

At a brief meeting of Hanover Township's Board of Supervisors on October 26, Manager Jay Finnigan presented board members with thick copies of his proposed 2011 budget, which will be reviewed during meetings on November 9 and 23 at 7 PM.

"As it's presented, there is not a tax increase in Hanover Township, assuming that the recommendations in here are implemented," he reported.

Bethlehem Shortchanges Library $400,000 in 2009

On September 13, while Bethlehem Mayor John Callahan was telling a large and boisterous crowd at Lafayette College that Bethlehem is in great fiscal shape, Hanover Township Manager Jay Finnigan was hearing a much different story in a smaller and quieter venue. He was at a Bethlehem Area Public Library Board meeting. They are concerned about next year's budget, which is apparently filled with more holes than a block of Swiss cheese.

In his report to Supervisors on September 14, Finnigan stated that Lower Saucon Township has served notice of its intention to withdraw from the library, effective at the end of the year. Unless that changes, there's one gaping $168,552 hole.

Worse than that problem, Finnigan learned, is that Bethlehem itself has been shortchanging the library. Last year, the City failed to make approximately $400,000 in budgeted payments. This is in addition to state funding cuts of 9 and 21 percent over the past two years.

During an August 11 Bethlehem Finance Committee meeting, an independent audit revealed that Bethlehem missed its annual $2 million pension payment in 2009, but no mention was made of a missed payment to the library. Council President Bob Donchez did express surprise that the library had taken out a line of credit during 2009, and speculated that it must be the result of state funding cuts. Nobody from the administration informed Donchez that the City itself had failed to pay approximately $400,000 of the money budgeted by City Council.

Bethlehem caught up in February of this year, but still kept $78,000 for a pension fund payment.

"There are two wildcards, Lower Saucon and the City," Finnigan told Supervisors. "The City is seriously re-evaluating its relationship with the library, which will have an effect on neighboring municipalities."

Hanover Township contributed $163,049 to the Bethlehem Area Public Library this year, and expects to pay $167,831 in 2011. Its contract for library services goes back to 1965.

In other news, Hanover Townsip Supervisors listened as Piramal Critical Care, which has a plant located at Sheldon Circle, pitched a proposal to increase its parking from 54 to 84 spots. Hanover's zoning ordinance prohibits blacktops, i.e. "impervious surfaces," on more than 70% of a property without some kind of stormwater management plan.

Piramal's solution? Porous pavements.

A Pirimal engineer, introduced by Attorney Chris Perruci, argued that porous pavements soak up water like a sponge, and should really be considered pervious surfaces. But Supervisors seemed impervious to this argument.

"How do you determine if the surface is still impermeable after a period of time?" asked a dubious Supervisor Stephen R. Salvesen. "Who does the vacuuming? We've got sinkholes here. We're at the back end of a big drainage system. It all goes down to Monocacy Creek."

Township Engineer Jim Birdsall expressed reservations, too. He noted that porous surfaces need periodic vacuuming. "All these best management practices are going to be very difficult to enforce as the years go by. ... Who enforces that? I don't know. Do I go out with my shop vac?"

Piramal will ask the Zoning Hearing Board for relief.

As a final note, Board Chair John N. Diacogiannis stated he was "real pleased" at the large turnout of boy and girl scouts for a flag retirement ceremony on 9/11. He thanked all who participated.

Hanover Township Wants All Earned Income Taxes Owed By Bethlehem

Bethlehem finished 2009 with a negative cash balance of $8.5 million, thanks in large part to a $5 million deficit. In addition to painting this gloomy financial picture, independent auditor Tracey Rash has raised a number of "significant deficiencies" peculiar to Bethlehem. This includes a nasty habit of dipping into the EIT fund and spending tax money collected for other municipalities. Last year, the Christmas City "borrowed" from that account twice. It's a practice that goes all the way back to 1974.

Hanover Township would prefer to take a pass at being an involuntary Bethlehem creditor. On August 23, Hanover Manager Jay Finnigan asked Bethlehem Business Administrator Dennis Reichard to provide "an accounting of all Earned Income Tax records for funds owed to Hanover Township for 2008, 2009 and 2010 YTD." He also wants a copy of the "just released 2009 City Audit Report."

To be on the safe side, Finnigan even completed and furnished a Right-to-Know request.