NorCo Executive's 2024 Budget Address

Fiscal Affairs Director Steve Barron introduced Executive Lamont McClure, for his brief budget address. He said the budget was prepared under three guiding principles: (1) keep taxes stable; (2) fully fund open space initiatives; and (3) keep Gracedale county-owned and operated.

In his address, McClure stated that taxes will remain stable in his 2024 budget (no tax hike). The 10.8 mill tax rate means that a home assessed at $75,000 will receive a tax bill next year for $810. Three years ago, that same home would have seen a $885 tax bill. The budget is also balanced, which is a requirement of the Home Rule Charter.

The spending plan invests $3 million in open space, which puts him at an $18 million investment in open space since becoming Executive. This is in accordance with a 2002 referendum overwhelmingly embraced by the voters to preserve farmland, protect environmentally sensitive land and maintain municipal parks. McClure hopes this investment will "slow warehouse growth." He added that he wants to "limit new development, not give it tax breaks ... ."

The budget fully funds health carte benefits for county employees even though those costs have increased dramatically with the pandemic. He dipped into the fund balance to fund health care. In addition, the out-of-pocket expenses of county employees will increase. He indicated he had hoped to reduce taxes, but that was impossible because County Council refused to fund his proposed employee health center, which he claims "would have saved significantly on health care costs."  

As far as Gracedale is concerned, a nursing home has never been considered a core county function. But McClure refers to it as a "moral obligation, and boy, have we learned the meaning of moral obligation."  But Gracedale is fully funded with no need for a county contribution in 2024. 

The budget calls for funding for aging infrastructure, including the parking deck and jail. 

Now that the budget has been proposed by the Executive, it is up to County Council. There are usually five hearings, followed by possible amendments. They must act by December 16 or McClure's budget is automatically adopted. 

Council can reject the budget. But under our Home Rule Charter, that also means McClure's budget will be automatically adopted. 

What Council can do is amend the budget although they are prohibited from interfering with the Executive's revenue projections. If they want to fund something, they will need to cut somewhere else. 

Updated: McClure to Unveil NorCo's Proposed 2024 Budget Today

Today, at 10 am, Northampton County Exec Lamont McClure will unveil his proposed 2024 budget from the  County Council meeting room on the third floor of the county courthouse. You can watch it in person or online. 

Northampton County's spending plan last year was a half billion dollars. In  his nearly six years as Executive, he has never proposed a tax hike. He actually reduced taxes once. 

I will tell you more about the budget after listening to McClure's address. 

UPDATED: As most of you know, I'm an idiot. The budget presentation is a week from today, not today. 

County Tax Break For Volunteer Firefighters Deserved, But Needs Legal Scrutiny

At their Thursday night meeting, Northampton County Council introduced an ordinance that will give volunteer firefighters or employees (presumably unpaid) of an EMS nonprofit a rebate of up to $250 for county real estate taxes that have been paid that year by the volunteer or EMS employee.  It was suggested the previous day by Council member Lori Vargo Heffner. It's a great way to show appreciation to volunteer firefighters, whose numbers are diminishing. If adopted, Northampton County would join Cumberland County as the only two counties offering this incentive. As wonderful as this idea sounds, I think more study is warranted because the enabling statute could very well run afoul of our state constitution. 

There is a statutory basis for this proposal. In 2016, the state legislature authorized municipalities to offer a real estate or earned income tax credit to active volunteers for up to 20% on their tax liability. This tax break was enacted in Bethlehem Tp the following year. In 2020, the General Assembly authorized counties and school districts to offer this tax credit as well, even up to 100%. 

While there's certainly a statutory basis for this tax break, the real question is whether it is unconstitutional. 

Pennsylvania's Constitution includes a "uniformity clause" providing that "[a]ll taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws." Unlike other states with similar constitutional provisions, Pennsylvania courts have consistently interpreted this mandate very strictly. It was enacted in 1874 precisely to prevent state or municipal officials from giving preferential tax treatment to influential developers who line politicians' pockets with campaign contributions. 

This, of course, was completely unsatisfactory to special interests looking for LERTAs, TIFs and other real estate tax breaks. So the state constitution also includes some exceptions enacted in 1968.  These include churches, cemeteries, public properties, veterans' clubs and purely public charities. The exception also authorizes the state legislature to carve out exceptions for private forest and agricultural reserves and to create those special tax breaks for developers. It allows the state to create limited tax exemptions for the aged, infirm and disabled.  Disabled veterans are expressly exempt. 

I see no basis in the state constitution under which volunteer firefighters and EMS personnel are entitled to a tax break. This could be why Cumberland County is the only one in the state to embrace this initiative.  

This matter needs to be researched thoroughly, and it's unfair to expect Council Solicitor Chris Spadoni to have an answer in a matter of days. Given the strict interpretation given to the uniformity clause and the lack of a clear constitutional exception, this relief is questionable. 

So what?, you might ask. Who would dare challenge this in court? I suspect that paid firefighters might have a problem with it. So might the municipalities that have paid fire departments. They already are subsidizing townships and boroughs who refuse to provide police protection, and now their citizens might be compelled to pay for eventual tax increases caused by this subsidy. 

Here's another question. How much is this going to cost the county? How many active volunteers are out there? How many of them own real estate?  Lori Vargo Heffner introduced a good idea but without getting some important data that might have an impact on the budget and revenue projections. 

In Cumberland County, this measure reduced revenues by $47,124 this year. Cumberland has a population of 268,579. Northampton County has a census of 318,526. So it will cost a little more, assuming a commensurate number of firefighters. 

Finally, isn't this a slippery slope? What about teachers, nurses and cops? Back in 2007, when Lamont McClure was on County Council, he proposed an American Heroes Grant for combat veterans in Iraq, Ron Angle retorted sarcastically with the suggestion that there be a Greatest Generation Grant for WWII vets. These would be politically beneficial, but were unlawful. Former Exec John Stoffa vetoed this proposal, which had no basis at all in law or the constitution. That was a very unpopular thing to do. But that's how he rolled. 

NorCo Council Taking Controller Applications

From NorCo Council: Notice is hereby given that the Northampton County Council is accepting the names of individuals who are interested in filling the Northampton County Controller position. Any individual filling the Controller vacancy must comply with Northampton County Home Rule Charter Section 103 "General Qualifications" which provides, "During his term of office each elected official shall be a citizen of the United States and shall reside continuously in the County. Each elected official shall have resided in the County continuously during the year preceding the commencement of his term of office."

Individuals interested in filling the Controller vacancy should send a letter, together with a written resume, to the Office of Northampton County Council, c/o Kerry L. Myers – President, Northampton County Government Center, 669 Washington Street, Easton, PA 18042, or by email to lzembo@norcopa.gov .

Applications must be received in the Northampton County Council office by July 13, 2023 at 4:00 p.m. Notice is further given that the applications of those interested in filling the Northampton County Controller vacancy will be reviewed and the applicants interviewed at the Northampton County Council Personnel Committee meeting to be held July 19, 2023, commencing at 4:00 p.m., prevailing local time, in the Northampton County Council meeting room, room No. 3116, third floor, Northampton County Government Center, 669 Washington Street, Easton, PA. Individuals with questions may contact the office of the Northampton County Council by telephone at (610)829-6596.

NorCo Courthouse Parking Deck On Its Last Legs

parking deck in 2016

When he was Executive, John Stoffa once proposed a $33.5 million parking deck next to Northampton County's courthouse. It would replace a 290-space garage built in 1975 with an estimated lifespan of 35-40 years. He had to settle for a $1.7 million makeover in 2010. That project ended up $500,000 over budget. It was a textbook example of what can happen when you use the lowest bidder. The finished product was marred by cracking, misaligned joints and defective overhead patches. This led to litigation in 2012 and yet another facelift in 2016, this time for $500,000. At a Northampton County Council' Capital Projects Committee last week, Public Works Director Michael Emili briefed Council on the latest attempt to extend the life of the garage by three to five years, at a cost of about $750,000. 

THA Consulting completed design work. The project is out to bid for minor structural repairs and waterproofing. Emili told Council that the cost of a new parking deck would be about $15 million.  

NorCo Council Confirms New Sheriff

Sheriff Johnston, flanked by his wife Barbara, left,
and daughter Maya, right

At their July 19 meeting, Northampton County Council voted 8-0, with Peg Ferraro abstaining, to confirm Richard H. Johnston as Sheriff.  He is also the joint top choice of both Executive Lamont McClure and President Judge Michael Koury, Jr.

Johnston's salary will be $89,235.

Johnston is the 72d person to serve as Northampton County Sheriff since the county was first formed in 1752. The County's first Sheriff, William Craig, was a Captain in Pennsylvania provincial militia under Major William Parsons during the French and Indian War. Johnston's immediate predecessor, David Dalrymple, was a major in the New Jersey State Police.

The Sheriff's Office goes all the way back to tenth century England, when Alfred the Great divided England into "shires" led by a "reeve." The shire reeve eventually became known as the Sheriff, who would defend the people against Viking incursions.

These days, the Northampton County Sheriff still provides building and court room security. He also transports prisoners, locates and apprehends fugitives, serves legal papers, administers the foreclosure, repossession and sale of real and personal property, and issues gun permits. It is an elective office except in Northampton and Luzerne Counties.

Sheriff Johnston,l eft, with Lamont McClure

You can still detect a slight New York accent in Johnston's voice. He started his career there as a NYC transit cop in 1982. While working full-time, he earned an associate's degree in forensic psychology in 1993. In 1994, he was promoted to sergeant for the NYPD, where he supervised anywhere between 20 and 45 officers, depending on which precinct he worked.

After putting in his 20 years with New York City, he continued his career in law enforcement here in the Lehigh Valley. He started as a District Security Officer at Easton School District, and became a deputy sheriff in 2002. He worked his way up through the ranks until he became a lieutenant in 2008.

He also knows what it's like to suffer adversity on the job. In 2010, he was laid off as a result of a department reorganization. Instead of giving up, he worked for Sands Casino as a security officer and a table games dealer until he was reinstated in 2013.

Johnston has 34 years of experience in law enforcement.

He lives in Bethlehem Township with his wife Barbara. He also has two daughters, Flannery and Moya, who graduated from Freedom High School.

September 11 Trail Alliance Coming Through!

Blogger's Note: I rarely get a news release without feeling the need to edit it in some way. But I am sharing this county news release in its entirety. I am blown away by this 1,300 mile bicycle trip that simultaneously honors those who died on September 11 and draws attention to NorCo's growing trail system. I have cycled over portions of this trail myself, and imagine many of you have done so, too.

Lamont McClure is pleased to welcome the dedicated cyclists of the September 11th National Memorial Trail Alliance to Northampton County on their inaugural ride.

A group of cyclists will pass through the Lehigh Valley this month, raising awareness of the September 11th National Memorial Trail. They will begin their journey on April 11th at the Pentagon, peddle to the site of the United Flight 93 memorial in Shanksville, PA, pass through Northampton County on their way to New York City, then return to Washington D.C. on May 3rd – a journey of twenty-three days and 1,300 miles in honor of all those who lost their lives during the 2001 terrorist attack.

This inaugural ride, the first-ever to connect the three 9-11 memorial locations, will be undertaken by a small group of board members of the September 11th Trail Alliance. The bikers plan to be in Easton, PA on the 22nd, and Andover, NJ on the 23rd. The multi-day ride is closed to outside riders for logistical reasons, but local cyclists will be able to join when the group passes through their communities.

The September 11th National Memorial Trail Alliance was formed in 2004 to establish a triangular path to link the three sites of the terrorist attacks. When completed, people should be able to hike, bike or drive the entire route. In Pennsylvania, planners are constructing the track by using existing trails and greenways. Northampton County’s Open Space Coordinator, Bryan Cope, is also a board member of the September 11th National Memorial Trail. “We looking forward to this event which showcases our extensive trail network already in place in Northampton County.”

Northampton County is becoming a hub for trail systems on the East Coast. Six major trails connect in the county, offering over 4,500 miles of land and water routes. For the September 11th Trail Alliance, the county is utilizing the D and L, Two Rivers, Liberty Water Gap, and the Northern Tier Trail. The Northern Tier Trail is currently being developed as a thirty-mile corridor which passes through the northern municipalities of the county to connect Delaware River to the Lehigh River. The Open Space committee estimates that work on that section will be completed by spring 2018. In 2017, the County of Northampton committed $5,000 to the memorial trail for signage.

Tim Brown, a member of the 911 Trail Board and a retired FDNY firefighter says, “After September 11th, in every firehouse around NYC, the words “Never Forget” became the mantra. These words have special meaning to us, but in particular they mean Never Forget the individual lives that were lost that day. Never Forget who they were. Never Forget their parents, their spouses, their children, their legacy. So when you ride or walk this trail, keep these people in your thoughts and prayers. Never Forget.”

Schedule for those Biking the Trail
Ride Schedule (w/overnights)
Day 1 (4/11): 10am Arlington VA, Pentagon, 11am CandO Canal Mile 0, (Lock House 28, mp 49)
Day 2 (4/12): Brunswick breakfast, Harper’s Ferry w/Canal Towns Partnership (10am), Williamsport lunch,
Four Locks (Lock House 49, mp 109) CandO Canal Trust (6pm)
Day 3 (4/13): Hancock breakfast (Park-n-Dine), Cumberland dinner, 6:30pm (Attiani’s), Inn on Decatur
Day 4 (4/14): Meyersdale lunch, Berlin, PA
Day 5 (4/15): 10am Flt. 93 Memorial, lunch 12:30pm (Lincoln Cafe), Johnstown (Holiday Inn)
Day 6 (4/16): Hollidaysburg
Day 7 (4/17): Canal Basin Park (9:30am), Huntingdon
Day 8 (4/18): breakfast (Top’s Diner, Mill Creek), Mifflintown
Day 9 (4/19): 3:30pm DCNR, Harrisburg
Day 10(4/20): Reading
Day 11(4/21): 9:30am, Schuylkill River trail clean-up, Weissport (Canal Edge Guest House),
Day 12(4/22): 10am Weissport event, Easton
Day 13(4/23): Andover, NJ (NJ Forest Fire Service HQ),
Day 14:(4/24): Andover Diner breakfast, lunch Chester Field House, Morristown (Best Western)
Day 15:(4/25): 9:30am Eagle Rock Reservation, Liberty State Park, ferry, 3pm NYC memorial
Day 16(4/26): Princeton Junction
Day 17(4/27): Trenton, Doylestown, PA
Day 18(4/28): Valley Forge, Wayne
Day 19(4/29): 12pm Conshohocken Brewery, Philadelphia
Day 20(4/30): 10am Schuylkill River Dev. Corp., Newark DE
Day 21(5/1): 2pm Perryville MD, MARC station, 6:30pm dinner, R House (301 W. 29th St.) Baltimore, MD
Day 22(5/2): breakfast (Handlebar Cafe), 9:30am 9-11 memorial, 3pm State House, Annapolis,
Day 23(5/3): 10:30am WBandA trail (Panera MLK Hwy), 12:30pm lunch (REI), 2pm Pentagon

Welcome to Northampton County, Inc.

At a time when local governments in Allentown and Lehigh County are discussing ways to house the homeless on code blue nights, Northampton County Executive John Brown delivered something of a mini-inaugural address at County Council last night. Instead of discussing the importance of actually helping people, he said his focus will be "to keep taxes as low as possible" but still delivering services in a "cost effective" way. "We do have to manage and control all costs," Brown said, more in the style of a corporate CEO as opposed to the leader of a County government.

He made these remarks after his first real victory before Council. He had to withdraw his controversial choice for Public Defender earlier in the week. Could get his picks for Human Services and DCED Director picks confirmed.

Both are questionable.?

Voice over artist Diane Donaher, Brown's DCED pick, has not worked in economic development in 13 years. Most of her jobs, short-lived ones at that, are in the non-profit sector. During confirmation hearings, she stated that she had worked on a KOZ, a specialized economic development tool, in Bethlehem. But Bethlehem has never had one. She also disparaged the office she will be heading, claiming they are all office types, unlike her.

Allison Frantz, the Human Services choice, was even worse. She acknowledged in confirmation hearings that she's never supervised more than eight people. But as pointed out by Council member Bob Werner, there are 992 Human Services employees, 827 of whom are full-time. In addition, she knows nothing about the County's controversial nursing home, Gracedale, and several other aspects of human services. She has no experience in negotiating union contracts. But Brown picked her because she repeatedly said his magic words - fiscal management. Never mind that her own record in Lehigh County is one of fiscal mismanagement.

Five votes were needed to confirm. There are five Republicans on Council, so this should have been a cinch. But newly elected Council member Glenn Geissinger is off somewhere in the U.S. Virgin Islands, while the rest of us are freezing, the lucky bastard. Now there's a problem. To make things worse, another newly elected Council member, Republican Mat Benol, advised that he had to leave early for a family emergency. A sure thing suddenly became questionable.

Council Prez Peg Ferraro handled this by making sure that Glenn was able to phone in from the Virgin Islands, which is legally permissible. She also stood the agenda on its head, moving these confirmations up in the agenda so Benol could vote and get the hell out of there before Steve DeSalva talked for three hours about generators.

The Frantz nomination passed along party lines, five to three. Council member Bob Werner's argument that this position is not one that should be "viewed as on-the-job training," was rejected.

Frantz will be paid $95, 921, with room to move up to $124,975.

Donaher was confirmed six to two, with only Council members Ken Kraft and Bob Werner dissenting. Noting that Donaher has not worked in economic development in a decade, Kraft complained that a "real powerhouse" is needed.

Kraft also complained about the $80,113 salary, which has room to grow to $114.039.

Council member Lamont McClure was absent, which is why only only eight votes were cast on these votes.

In the meantime, most of Brown's cabinet is still unfilled.

Northampton County Seeks Lower Assessment at Wolf Building

Northampton County's Governor Wolf Building, located in Easton, is currently under agreement of sale to developer Mark Mulligan. When the County moves its 173 human services workers into a new, centralized facility next March, Mulligan is expected to take over, and pay $1.925 million for the building. His agreement is contingent upon a KOZ classification, which basically exempts the property tenants from virtually all property and even state income taxes for ten years. It now appears unlikely that the state will grant this designation. But instead of pulling the plug, which has worried Council member Bob Werner, Mulligan appears to be moving forward. Mulligan will reportedly use the property’s LERTA designation for a tax abatement that is based on the value of improvements above and beyond the property’s initial assessed value.

But the property is assessed at $1.6 million, meaning it has a fair market value of $4,224,000. That's a lot higher than the $700,759, at which the property appraised.

So yesterday, Northampton County presented an assessment appeal of its own property to the Revenue Appeals Board, seeking a lower assessment for Mulligan.

Although I understand the appeal was granted, I do not know the new assessment. I will found that out and report it to you tomorrow.

There is also some question about the timing of this appeal. Because it was seeking a KOZ classification, the County missed the August 1 deadline for filing assessment appeals that would be effective in 2014. So I don't know whether the new assessment will be effective in 2014 or 2015. I will have to find that out tomorrow, too.

But it appears that KOZ or no KOZ, Mulligan is moving forward.