Why Would Climate Activists Disrupt a Bike Race?

Let me start by stressing that I am deeply concerned about global warming. I agree with those who say we should start weaning ourselves off our finite fossil fuel reserves. Studies of our local air quality are long overdue. especially since the Lehigh Valley is rated as the worst place to live for people suffering from inflammatory lung disease. On a personal level, at least during the warmer months, I try to walk, take a bus or ride my bike when I can. This also saves me money, makes me more fit and is simply more fun. But climate activists can be their own worst enemy. Locally, this happened recently when landfill expansion opponents disrupted a Lower Saucon Township Council meeting with laughtracks. Environmentalists can often be as bad as born-again Christians in they way they preach and virtue signal to others. It happened last weekend at, of all things, a bicycle race. 

Once a year, UCI (Union Cycliste Internationale) hosts a one-day bicycle road race. This year's2 71.1 km competition was held in Scotland.  It had to be stopped midway because climate protesters decided to glue themselves to the road and had to be removed (They do this during the Tour de France as well). 

Now I can see gluing yourself to the road outside a gas station or speedway to make a point. But a bike race? Cycling is one of the best ways to minimize carbon emissions, so what's the point? Actions like these actually detract from the message. 

  those who say we should start weaning ourselves off fossil fuel, I oppose the proposed expansion of Bethlehem Landfill because it is destroying the side of a mountain in the process. 

NorCo Council Adopts NonBinding Plastic Straw and Bag Ban

Northampton County Council member Tara Zrinski wants all county municipalities to ban the use of plastic straws and bags.  She thinks the best way to make that happen is by having Northampton County Council adopt a non-binding, meaningless resolution. It was tabled last year, but she brought it up again at Council's January 24 meeting.

The arguments from the public were hardly what I'd call compelling. Bethlehem resident Peg Church spoke of a blue whale that had ingested 30 tons of plastic before going tets up. This is bullshit. I've read of a whale with 20 pounds of plastic, but there's a pretty big difference between 20 pounds and 30 tons. She also spoke of a sea turtle with a plastic stray lodged in its nose. Finally, she pointed out that in a recent trip to Scotland, she did not see one plastic bag. She does not know the answer, but "a resolution is as good as anything."

She was joined by a kayaker who complained about all the plastic he sees while paddling the Lehigh River. There was also a gentleman who for some reason discussed edible drinking bottles.

There are several problems with Zrinski's resolution. First, it was never vetted by a Council Committee, which is the norm. Second, it is essentially identical to one tabled in December. Zrinski dishonestly or mistakenly suggested her previous proposal was an ordinance. Third, it is nonbinding, meaning it means nothing. Fourth, no municipality I know of looks to Northampton County Council for guidance on anything. Fifth, the research cited in the resolution is flawed. Some of it, I kid you not, comes from a 10 year old's school project.

I agree that plastic pollution is a serious problem, but an unenforceable plastic straw ban is a joke mostly designed to make Zrinski and her followers feel like they've accomplished something while the world still goes to hell. They can pat themselves on the back while whales still die. What is a solution, here in the Lehigh Valley, is periodic sweeps along the waterways to pick up plastic. Open space money could be used for this and pay people with limited incomes, but we'd rather spend that money to preserve undevelopable swamps and cliffs.

Aside from Zrinski, I doubt any member of Council thinks this accomplishes anything. But it passed 6-2-1. The two No votes came from Matt Dietz and Peg Ferraro. John Cusick voted "present." The Democrats voted Yes, mostly because they fear a primary challenge from environmentalists.

Bill McGee was a bit miffed that Cusick voted "present." But his own vote was cowardly. A real ban, which is what Zrinski wants, would ruin small businesses. But McGee, like his fellow Democrats, is more interested in appeasing zealots than in doing what is in the best interests of the county.

PennEast Pipeline Meeting Draws Hundreds

Traffic was so crowded going in and out of the Hanover Township Community Center that a road crew had to manage the traffic. They were not there for the latest Pilates class, but an "open house" concerning the 108-mile pipeline being proposed by PennEast Pipeline. Hundreds of people were greeted by at least 30 blue-shirted PennEast Associates. In addition, at least 10 members of Laborers Local 158 were on hand, dressed in orange. Given the support by these major corporations and unions, I think it's highly likely that this pipeline is coming.

Stations were set up along the walls, where people could enter their addresses and see how close the pipeline would be to them. In the center of the room, spread out along several tables, there was a gigantic map showing the pipeline through each county.

A 36" pipe carrying high pressure natural gas will be buried 36", except in farming communities. There, the depth will be 4-6'.

"What happens if I hit the pipe?" I used Ken Robinson (he really works for UGI) several times.

"You don't want to do that," he laughed. he claimed the fire and explosion would be limited because the gas depends on oxygen to be flammable or something like that.

I don't recall that being the case in Allentown.

My main concern is how close this pipeline will come to residential developments in Bethlehem Township. A spokesperson promised to get back to me with an answer, if she can read my lousy handwriting.

From the interactive map online, it appears this pipeline will be very close to Wagner Farms and Orchard Estates. It appears to be about 2000' east of Notre Dame at Green Pond High School, and is less than 800' to the west of St. Luke's Hospital, Anderson Campus. In Lower Saucon and Williams Townships, it appears to steer clear of developments. In Moore Township, it appears to be located within 2000' of Moore Township Elementary School.

Another question concerns compressors for this gas. Those are above ground and strike me, as a layperson, as a cause for concern. I am told there will be only one compressor in the entire state, and its location is undecided at this time.

That's another thing. This route is not etched in stone, and could and probably will change.

But it's coming. There were several groups opposed to the Pipeline outside the Community Center. Concerned Citizens Against the Pipeline and the Delaware Riverkeeper Network were on hand.

Some officials from local townships were on hand, too. Cynthia Miller and Sandra Hopkins, two Lehigh Township Supervisors, took the tour. Cynthia told me that Lehigh, like Bethlehem Township, is revising its local zoning ordinance so that it has some control in the event that a course change puts it through Lehigh Township.

Tom Nolan, a Bethlehem Township Commissioner, had lots of questions.

Northampton County Director of Administration Luis Campos was also there.

If you have questions, you can visit PennEast Pipeline, call 844-347-7119 or email answers@penneastpipeline.com .

Opponents of the pipeline can be found at Stop the PennEast Pipeline. Hopewell Township, in New Jersey, and Riegelsville Borough, in Pennsylvania, have adopted resolutions opposing the pipeline. Riegelsville's was adopted tonight, during the open house. .

Hahn Watering Down Clean Streams Law

The famous Moon River

Riparian buffers are patches of vegetation next to a stream. They're said to improve water quality and reduce pollution. Under the Clean Streams Law, new developments must have a 150' wide  buffer alongside high quality streams.  State Rep. Marcia Hahn calls it a "taking of property without legislative oversight or approval." She's proposed a law to make these buffers optional, and it passed the state House late last month,  119-79. 

Locally, Hahn's bill was supported by Republicans Julie Harhart, Gary Day, Ryan Mackenzie and Joe Emrick, It was opposed by Democrats Bob Freeman, Dan McNeil, Steve Samuelson, Mike Schlossberg and Republican Justin Simmons.

Her bill is supposed to be considered by the State Senate this week.

SteamHugger contends no landowner should be allowed to degrade water quality for those downstream. The GOP House contends it gives landowners "greater flexibility".

What do you think?

Developer Digging 39 Holes in Green Pond Important Bird Area

One of 39 holes being dug at Green Pond Marsh

The Audubon Society has designated the Green Pond Marsh, located in Bethlehem Township, as an "Important Bird Area." Bird watchers have documented 162 bird species at the site, including eight that are considered endangered or threatened. But right now, nonexistent might be the better word. There were no birds spotted at Green Pond Marsh at all yesterday because developer Traditions of America is digging it all up.

In a telephone conversation, Traditions of America (TOA) Partner David Biddison confirmed that engineers are conducting infiltration tests "to ensure that we have a viable and complete stormwater management plan."

Engineer and two others descend into one of these holes

Jack Glagola, a Save Green Pond organizer, counters that TOA has another motive. "If they can dump water into the wetlands, they get more square footage to build. What they're trying to do is pull a fast one."

Biddison has referred to a planned series of ponds as a conservation area, Glagola scoffs, "It's not a conservation area. It's a god damn sewer."

An onsite engineer stated that 39 holes, each of them 6' x 4', are being dug, These are 75' away from the only portion of land that has been designated a wetland. But the digging, along with mountains of dirt, are piling up inside an area that Save Green Pond activists contend are very much part of the wetlands.

A meeting had been planned so that Save Green Pond could present the findings of consulting ecologist James Schmid, but that meeting was abruptly canceled when TOA withdrew its sketch plans.

The appearance of a backhoe and excavators is a sure indication that TOA still plans to develop the site with a senior living community.

Dr. Schmid, who happened to be on site yesterday, produced aerial maps going back to 1939, showing the area as a wetland. He indicated that there are three tests which would confirm whether this disputed area really is a wetland, The United States Army Corps of Engineers has declined to investigate because the area is too isolated to be considered "waters of the united States." But the state Department of Environmental Protection (DEP) can make that determination, Schmid stated, because that regulatory agency has jurisdiction over "waters of the Commonwealth."

According to Glagola, the state DEP has one person assigned to investigate 11 counties.

"We'll get to it in a couple of weeks for sure," DEP promised Glagola. He has asked State Rep. Bob Freeman for assistance in getting an investigator assigned.

By the time the investigator arrives, there will be 39 mountains of dirt in an area that ornithologists love to study, and no birds.

Is an Eco Disaster Coming to Green Pond?

Charlie Trapani caught this Great Blue Heron
looking for lunch at the marsh on Saturday 

Anyone who drives along back country roads knows that some are prone to wash outs. That's certainly true of Green Pond Road, which floods every time it rains. From time to time, angry residents storm Bethlehem Township meetings, demanding that something be done. The wet conditions make accidents frequent, too. But this marshy area is on Tradition of America's drawing board. Planners will consider a 256-home gated community for active seniors tonight.

Traditions of America is one of several successful development companies started by J.B. Reilly and Timothy McCarthy. It specializes in building "active senior" or 55 plus communities, and has developed two popular projects in Hanover Township alone. Units are selling despite a slow real estate market.

Traditions is now focused on Bethlehem Township, even though construction has begun on an 837-unit mini-city that is strangely called Madison Farms.

But if John Glagola has his way, Traditions' plans will be downscaled. Glagola can tell you all about the floods and accidents along Green Pond Road. He lives there. One side of his home faces Green Pond. Another faces a wetland. At least once a month, someone slams into the guard rail along the windy road. Once someone drove her SUV right into Green Pond.

Glagola is more than a next door neighbor. A Harvard grad, he's also an architect and planner with a prestigious real estate investment firm based in Manhattan. In his opinion, the plans submitted by Traditions will only exacerbate very real traffic and flooding concerns. But his chief concern are his neighbors. They're squawking, too. They're birds. 

History of Green Pond, An Important Bird Area

Always good to look one's best. After lunch, Charlie Trapani
caught this juvenile preening. 

He's by no means alone. A collective of bird watchers and environmentalists calling themselves "Save Green Pond" has mobilized to protect these marshlands from the developer's bulldozer. "There is virtually no place of its kind in the Lehigh Valley," proclaims the website. Over 160 different bird species have been documented at this environmentally sensitive area, including eight kinds of birds that are classified as "threatened" or "endangered" under the Endangered Species Act.

Northampton County recently had to halt bridge repairs in Plainfield Township after learning the area might be a bog turtle habitat. This area actually is a habitat for rare birds like the Osprey and Great Egret.

The Green Pond marsh has existed a long time, long before the arrival of European settlers from England and Germany. Sitting at his kitchen table, Glagola pulled out an old plat from Lettie Asbury, daughter of William Penn. It shows her 1735 conveyances to William Allen. The pond, which was much larger then, is clearly delineated. "This is not something we just dreamed up yesterday," noted Glagola, emphasizing the symbiotic relationship between birds and wetlands.

Victoria Bastidas, an environmentalist who is the spearhead of a movement to preserve Camel's Hump Farm in Bethlehem, agrees. "We are only a mile away as the crow flies and we have wetlands and a stream, but there is something about that site that attracts far more types of birds," she observes.

On any day of the week, a short trip to the marsh reveals an abundance of aviary delights that go unnoticed by many. Great blue herons are there all the time, along with sandpipers and the glossy ibis. In winter, snow geese descend and use it as one of their landing stops. It is one of the largest staging areas of lesser black-backed gulls in North America, with counts of 200 plus birds.

The Audobon Society has recently designated the Green Pond Marsh as an "important bird area", one of just 10,000 such sites world wide. The area is considered "vital to birds and other biodiversity."

PennDOT's Fix

In an attempt to curb the frequent washouts along Green Pond and Farmersville Road, PennDOT in 2011 decided to raise the road levels on Farmersville Road. This slows the flow of water from Green Pond into the marsh, but has also resulted in much more water along the road. Thus, in addition to depriving wildlife of water, driving conditions are now even worse than they wore before. The solution, according to Glagola and the Save Green Pond site, is an underground drainage pipe from the pond to the marsh.

PennDOT has dried up some of the wetland

Development Pressure

Green Pond Country Club, the owner of the 68-acre site in question, has met with the Wildlands Conservancy, but has resisted efforts to conserve this wetland. Traditions of America is the third developer to submit plans for this property. Toll Brothers and J.P. Petrucci have walked away from designs that would have resulted in more homes than those proposed by Traditions. They were defeated by traffic and stormwater mitigation concerns.

Glagola recognizes that, though the area is a low-lying basin, it will eventually be developed. He believes it's a $60 million project. "But let's be serious and recognize there are other issues here than human greed," he states, predicting that Traditions engineers will deny there are wetlands next to Green Pond. He calls the current plans an "eco disaster."

The birds will continue squawking, but won't be at tonight's planning meeting. Bird watchers and environmentalists plan to do the squawking for them. 

NorCo Must Spend $21k For Bog Turtle Study

baby bog turtle

For years, critics of environmental regulation have liked to joke about construction projects being put on hold because someone saw a bog turtle. It's no longer a joke in Northampton County. The Rasleytown Road bridge project in Plainfield Township has been put on hold because the area has been identified as a potential bog turtle habitat. Some even claim to have seen one or two of these tiny turtles, which have been on the threatened species list since 1997.

In addition to delaying the bridge work, the state DEP is requiring a new study to determine whether the bridge work could adversely impact Pennsylvania's smallest turtle. It will cost the County $21,000, according to Public Works Director Richard Young.

Yesterday's Finance Committee unanimously agreed to foot the bill - they have no choice - but not without a few turtle jokes.

Hayden Phillips drew the biggest laugh.

"They're going to take pictures of individual turtles as they find them. I don't know if they have a yearbook. That's the EPA."

According to Pennsylvania's Fish and Boat Commission, bog turtles live about 20-30 years, but spend half that time in a dormant state, buried in mud.

Kinda' like a blogger.

They only grow four inches long  Their shells are too soft to protect themselves from predators, so they dive into the mud.

U Mt Bethel Tired of Angle's Shit

Ron Angle is back in full form

All they needed was a rope. Nearly 300 people braved the icy roads to invade the Mount Bethel Volunteer Fire Company on Monday night, with one and only one thing on their minds - Ron Angle. They're tired of his shit. Mad enough to sue. They browbeat  Upper Mount Bethel Township Supervisors into voting unanimously to seek a restraining order against Angle's plan to spread sludge on some of his farmlands. Their Solicitor and one Supervisor argued it was a waste of taxpayer money, especially since they've already lost a case in the state Supreme Court on this very issue. But the crowd was having none of that. "Show some balls!" shouted someone in the audience.

Though state law allows Angle to spread shit on his farmlands, it's not playing well with people living nearby. They probably know what shit is like. They worry about the biohazards. Sue DeGenero, who organized most of the opposition, said that shit smells really bad. In fact, she went on a shit smelling field trip to Lower Mount Bethel Township, and it took two days to get the shit smell out of her car. Either that, or it was that burrito she had for lunch earlier in the week. DeGenero also told Supervisors that shit will reduce the value of their homes. She complained that her Township is "being turned into a hazardous waste dump site."

DeGenero then called on some dude who works for the John Hanger for Governor campaign. When she asked for Hanger, she probably thought some guy would come with a hood to help lynch Angle. Instead, it was a politico who got up and basically said nothing.

They strung him up.

This is one helluva' turnout

After this came Shawna Flyte, who actually has already taken her six children and moved out of the Township to Bangor. She previously told Channel 69 that her "mama bear claws" were out, and said shit is really dangerous and she's learned that by researching the matter on the Internet until 3 and 4 am. "One person should not have this much power over everybody," she insisted. "I don't care who you are or how much money you have because I love Mount Bethel."

Tony Scott proposed a solution. He suggested that, instead of using the Township open space money to buy swamp land, they should use it to buy fertilizer for farmers who promise to stay away from shit. "Instead of preserving water and soil for the salamander, preserve water and soil for the people," he argued.

Chairman Judy Henckel told Scott that is impossible.

Supervisors listen to complaints about sludge

All of this talking about shit got me going, and I decided to use the facilities. Unfortunately, though, the toilet was clogged up with human waste. I could swear I heard it talking, and left.

Then I got really scared because Don Miles was next. He's with the Sierra Club, and warned everyone about the dangers of shit. In fact, we should probably stop wiping our asses or we'll all die.

Miles mentioned that, though the EPA and DEP does check shit for some toxins, it does not test for others. It could even be radioactive, for all he knows.

He must have seen some of my work.

But you will be pleased to know there's no shit in Heinz ketchup. Miles reported they won't buy from farms that use shit. They only use the finest quality illegal alien to make their ketchup, a special breed that does not even shit.

Then Angle himself, the Evil One, got up to speak. "Hysteria's a wonderful thing," he started, but the catcalls and shouts were too much. He put on the cowboy hat that Abe Atiyeh gave him and left.

Don Miles warns about radioactive shit

At this point, Rick Fisher addressed the audience, telling them that Synagro shit spreaders do follow state regulations, and their biosolids are tested. He explained it's a matter of risk management. Human sewage dumped into the sea or burned creates health concerns. Concentrating it into a landfill causes problems, too. He said that, as a matter of risk management, a farmer's field "is the best place to put it that has the least impact on people."

Then Fisher was lynched.

While they were stringing him up, I went to the bathroom again, and the plugged up shit was all gone. Angle apparently took it and was spreading it on one of his fields.

When I got back to the meeting, Supervisor Jerry Geake was having a Dutch uncle talk with the mob.

"I sat on this board when we took this case to the Supreme Court and lost. We lost every inch of the way. You want me to just spend your money?"

"We're worth it," was the mob's answer.

Solicitor Ron Karasek agreed with Geake, noting he heard no legal basis for a temporary restraining order.

Rick Fisher gives unbiased view before being lynched

"You gotta' buck the system," shouted the mob, before also asking Supervisors to free Barabbas.

So Supervisors bent to the will of the mob and voted unanimously to seek a Temporary Restraining Order against Angle, knowing they have no basis.

Pleased with themselves, the crowd started leaving. But after they filed out, Angle returned.

"You were ruled by a hysterical crowd, not by good judgment and a learned solicitor," he told them.

"We're all gonna' die and our hair will fall out and our toenails will curl up," Angle scoffed of the complaints concerning biosolids. He told Supervisor he really has no opinion on the topic, and was there to discuss options until the crowd became insulting.

"He demanded to know the grounds for the TRO. "What are you injuncting me from?" he asked.

"I have no idea," answered Geake.

"I'm not here to screw up the land," Angle observed. "I've got a lot of money tied up in it." He added he makes no money from the biosolids, and just gives his tenant farmers the option of using sludge if that is their choice.

He said Supervisors need to do something to help the farmers. He noted the township used to be full of dairy farms, and now it is down to about two of them. He added that corn prices dropped in half in just one year.

"We're screwing the farmers." he added.

He said the Township should consider using some of the money it collects to buy swamp land to help the farmers. Instead, "you're spending the taxpayers' money to appease a hysterical crowd on law that's clear.

Solicitor Ron Karasek agreed that he would not file an action for injunctive relief until January 15, and during that time, Angle agreed he would spread no sludge.

Blogger's Note: I am teasing this crowd, but want to compliment them for showing an interest. You won't see a crowd like that anywhere but in Upper Mount Bethel. They have no TV reception.

Poresky on Allentown's WaterWorld

Photo Stolen From Poresky's web site

When Dan Poresky retired from his business, "Dan's Camera City," he became more busy than ever. In addition to volunteering with Habitat for Humanity twice every week, he serves on Allentown's Environmental Advisory Council and is active with environmental issues at "One With the Earth."

He walks the walk.

Dan created a universal eco-symbol, which I've featured. You can see it's mostly blue, like the earth's water. At one time, Allentown Mayor Ed Pawlowski stood behind that symbol, along with the Lehigh Valley's two other mayors when they signed a climate control agreement in 2006.

But that was then. Since that time, Pawlowski has demonstrated his commitment to our environment with a kooky, trash-to-cash scheme being promoted by Marcel Groen, who just happens to be a major King Edwin campaign donor AND a Democratic power broker. King Edwin's turds, along with the garbage created by the NIZ construction, will supposedly be turned into energy and everybody will get stinkin' rich.

Literally.

Damn the shit torpedos! Full speed ahead!

Now, Hizzoner wants to unload the Queen City's water and sewer operations to avoid one of those nasty tax hikes. They stink, too. People don't like them, but they'll just love watching their water and sewer rates skyrocket.

Pawlowski's rubber stamp council, with the notable exception of Jeanette Eichenwald, will almost certainly go along. They're beholden to him, not you. Two of its members were not even elected by you, but were instead appointed. Soon, three of its seven members will be appointees, as Mike Schlossberg has run away from Council for a cozy backbencher job in Harrisburg.

Because Allentown is no longer a democracy, I don't think it matters a bit whether you attend tonight's meeting. The decision's been made, and whatever outfit is associated with Marcel Groen will get the deal. All the posturing will be little more than window dressing.

This time next year, the frackers will be pouring Allentown water into those damn mines in coal cracker country.  Upstream from us, by the way.

Alan Jennings, who has so often spoken so eloquently for the little guy, has already rolled over for the suits that budget his operations. Allentown's two columnists are too busy writing about pie baking contests and how great it is to speed in Texas. This is not on their radar. They're too busy thinking about their own pensions to be worried about Allentown's.

I may be cynical, but don't lose heart. People like Dan Poresky are living proof that one person can make a difference. Whether conservative or liberal, Democrat or Republican, we all need water to survive. He'll be there, and I'm sure he'll make that point. He also has plenty of questions. I'll let him speak for himself.

The decision to lease Allentown’s water and sewer operations for 50 years must not be rushed. The need for large sums of money to satisfy the fire and police pension liabilities is at least two years away. Turning over the city’s most valuable asset, its water, to a for-profit company comes with enormous environmental risks to our water as well as inevitable large rate increases.  None of this has been fully explored by the administration or Council.  

Council has neither the expertise nor the information necessary to properly make such a long-lasting and monumental decision. The voters deserve a say on a matter of this extreme importance. The question should be put to the voters in a referendum in next year’s election. 

Questions for Allentown City Council for September 27, 2012 council meeting to discuss

The mayor rejected the formation of an Allentown water authority as a vehicle for issuing bonds to get the up-front money to satisfy the pension obligation. His reason is that it would raise water rates 90% recover that money. Doesn’t the same hold true for any leasing company? They too, will have to recover the up-front money they give the city.

Has Council received the lease agreement for its review? Will the lease agreement be made public before council votes on whether to allow the administration to let it out to bidders?

Has the city done a study of the likely and possible consequences of a long-term lease of the water/sewer operations? Those who have opposed privatization have presented Council with horror stories of what has happened in other cities that are contracted with some of the same companies that the administration has accepted as qualified bidders. Who among council has personally researched these claims to determine their validity? 

Council has gone to the PA Economy League to do a peer review. What is the scope of the work requested? Does the scope include looking into the likely and possible long-term consequences of leasing? When is the report due?

Will council hold another public meeting to present the results of the work being done by the PA Economy League? 

The administration will be coming to council within weeks for permission to present the RFP to bidders. Might council vote on the request before council receives the report from the PA Economy League?  

The MMO (Minimum Municipal Obligation: money needed to satisfy the demands of the pension liability) does not become excessively large until 2014. Given the magnitude and far reaching consequences of privatizing, whyshouldn’t the question be put to the entire voting public as a ballot question? 

Would Council agree to hold off any vote that would allow the administration to move forward until the public was given the option to get this on the 2013 ballot? Would Council support a ballot referendum? 

It has been reported in the press that the company that leases our water/sewer systems will be able to raise rates to recover the $150-$200 million up-front money they will be giving the city. Is Council familiar with this regulation? 

If Council votes to give permission to the administration to give the lease agreement to the bidders, when in the process is the administration absolutely required to come to council for another vote? 

Once the administration has chosen a concessionaire and comes to terms on the contract, it will come to council for council to approve or reject the contract.   Will Council, at that time, have the authority to modify the contract? History has shown that once any permission is granted to the administration to proceed on a plan, it invariably goes through unstopped. How often has Council rejected a contract of this magnitude and complexity at this late stage in the process? Council should consider the first vote their only opportunity to impact the outcome in any meaningful way. 

The PA PUC (Public Utility Commission) hasn’t made a definitive statement as to how or whether it would regulate rate requests from water companies that would lease Allentown’s water/sewer system.  Council president Guridyand at least one other Council member said that Council could assume that responsibility. Requests for rate increases will be accompanied by exhaustive reports and claims justifying their request for a rate increase. Does Council have the time and expertise to be able to go through each and every claim and know which ones are legitimate? Which ones are covered by the contract? Which ones are exaggerated? 

At least one Council member and a city official have stated that one factor that will reduce the size of rate increases is that the company will spread their rate increases to other cities where they have control. If that is true, isn’t it just as likely that they will raise rates for Allentown users to cover increased costs in other cities? 

LV Sierra Club is Taking No Shit!

When a three-month old baby drops a load, we all giggle and clean it up. But when it's a 61 year-old man, it can kill people. In fact, Saddam Hussein once offered to buy my droppings, but I'm a patriot.

So when I read about farmers who spread human fecal matter all over their field, I want to hurl. Safe or not, environmentally friendly or not, it's just gross.

And it may less environmentally safe than the shit sellers claim. The Lehigh Valley Sierra Club, for that reason, is opposed to a sewage sludge treatment facility, near the Delaware River in Upper Mount Bethel Township. Supervisors are expected to vote on the issue on Monday, August 20, 7 PM, in a meeting at the Upper Mount Bethel Firehouse. The Sierra Club would like an environmental impact study first.

McGill Environmental Systems has proposed a 100,000 sq ft facility, located just 1200 feet from the Delaware River. So an impact study sounds reasonable. Although the company is promising an odor free and safe facility, it will be processing type 2 sewage sludge.

Apparently, like good wines, sludge is rated by age. Type 2 sludge is shit that's just three months old. It tends to have a high concentration of heavy metals. If it's my sludge, it's radioactive.

"The Sierra Club opposes the land application of municipal sewage sludges as a fertilizer and/or soil amendment because the current policies and regulations governing this practice are not adequately protective of human health and the environment."

In other words, they're taking no shit.

McGill, incidentally, had a facility in Harmony, New Jersey. But it was closed by the state under less than harmonious circumstances, after the shit began leaking into nearby wells.

At first, New Jersey-ites thought they were drinking coffee! But it obviously damaged their brains, because they all started moving here.

If you want to say no to shit, you can contact the Sierra Club's shit contact, Don Miles, at (610) 730-2514. He's also a lawyer, so he's used to shit.

Commw Court Asks - Pig in the Parlor or the Barnyard?

Yesterday, a divided Commonwealth Court decided that localities, and not the state, have the right to decide whether the pig belongs in the parlor or the barnyard. Speaking for a four-judge majority, President Judge Dan Pellegrini invalidated most of a state law that trumps local zoning control over Marcellus shale gas drilling.

Pellegrini reasoned that if state lawmakers usurp local control over oil and gas mines, it's only a matter of time before they decide that industrial chicken farms and fireworks plants should be allowed in residential zones. "It would allow the proverbial 'pig in a parlor instead of the barnyard,'" writes the President Judge.

Just as colorfully, dissenting Judge P. Kevin Brobson quips that "this particular pig ... can only operate in parts of this Commonwealth where its slop can be found."

The Court's decision, incidentally, has some interesting language about standing and special legislation.

While making no references to pigs, Congressional candidate Matt Cartwright praised the decision for restoring "the autonomy of local municipalities in protecting the air and water of our local neighborhoods. Once again, citizens can expect look to local elected officials to stand up to forces that may pose environmental threats to local communities.”

Cartwright added that he hopes state lawmakers "will take this as a cue to enact responsible environmental regulations, charge a fair severance tax on drillers, and allow local communities to protect themselves from future environmental harm.”

Black Bear Visits Bangor Back Yard

Imagine looking out your back window after a hard day at work and seeing this:

That's what happened to one courthouse worker this evening. The black bear, the only kind you'll find in Pennsylvania, can run 35 mph, swim, climb trees and is an omnivore who will consume 20,000 calories per day. That's why it will ramble into someone's back yard. Mmmm. Bird seed. Mmmm. Garbage.

Black bear attacks are extremely rare.

You can read more about them here.

Brennan, Freeman, Samuelson, Boscola: Perfect on Marcellus Shale Scorecard

State Senator Lisa Boscola and State Reps. Joe Brennan, Bob Freeman and Steve Samuelson have each received 100 percent ratings for their votes on Marcellus Shale natural gas drilling.

The Pennsylvania Marcellus Shale Scorecard was created by four of Pennsylvania’s largest citizen-based environmental organizations: the Sierra Club Pennsylvania Chapter, Clean Water Action, PennEnvironment and the Conservation Voters of Pennsylvania.

“Receiving a perfect rating on the scorecard is an honor for me,” Freeman said. “It shows that all of the hard work on the issue has not gone unnoticed. Still, we have a long way to go if we want to protect the environment and ensure that protection for years to come.”

The scores are based on a series of votes on H.B. 1950 (Act 13 of 2012) held by the legislature between November 2011 and February 2012. Freeman said the law pre-empts local ordinances on gas drilling, establishes one of the nation’s lowest gas extraction fees, and makes only minimal improvements to environmental and public health protections from oil and gas drilling.

“I voted against that legislation because I believed it was woefully inadequate on many levels, and I could not support it,” Freeman said. "Overall, this law does very little to protect our environment. It raises insufficient revenue to mitigate the impact of drilling, and robs local governments of their ability to protect the health, safety and welfare of their communities. The big winners from this legislation are the big oil and gas companies; the losers are the people of Pennsylvania.

"The Marcellus Shale gas reserves offer tremendous potential to Pennsylvania – if managed correctly. This law does not do that," he said.

Jenn Mann got a 92%.

Lehigh Valley Republicans did not fare too well with the environmental groups. Here are the scores for LV GOP House members and their scores: Justin Simmons (23%); Gary Day (31%); Joe Emrick (31%); Marcia Hahn (23%); and Julie Harhart (23%); Jenn Mann (92%).

State Senators Pat Browne and Bob Mensch got perfect 0s. That's something to be proud of, too, i suppose, depending on your POV.

WSJ: Faulty Wells Cause Pollution, Not Fracking

According to WSJ, this is the increasing consensus of both energy company officials (no surprise there) and environmentalists (big surprise).

Republican Pipe Dreams

In a news release late yesterday, LV Congressman Charlie Dent announces that he's voted for the Middle Class Tax Relief and Job Creation Act, which extends current payroll tax relief, extends and reforms the federal unemployment insurance program, ensures Medicare beneficiaries continue to receive the level of care they deserve and helps create and preserve domestic manufacturing jobs and promote American energy security.

Sounds like a good thing, right? Sounds like something that should have bi-partisan support, right?

Wrong.

Before the vote, President Obama had already claimed he'd veto it. Senate Majority Leader Harry Reid said it wouldn't get that far, vowing he'd kill the bill himself in the Senate. “The bill passed by House Republicans tonight is a pointless partisan exercise," roared Reid, from the well of the Senate floor. "The bill is dead on arrival in the Senate. It was dead before it got to the Senate.”

It passed in the House, 234 to 193, largely along party lines.

The Bill does extend a "temporary" payroll tax cit, giving most of us an extra $20 a week. It does block a reduction in Medicare doctor reimbursements for another two years. It extends unemployment benefits, although it requires drug testing and GED programs for unemployment beneficiaries who never graduated from high school. It even blocks a scheduled pay raise for ... gasp! ... Congress.

So what the hell happened? The Keystone XL pipeline. That's a plan to draw oil from Canada all the way to the Gulf Coast, and it was inserted into the Bill. Unions want it because it will create 20-25,000 jobs from the get go. It would also reduce dependence on the Middle East. But environmentalists hate it for a myriad of reasons. Obama is undecided, is waiting for environmental studies, and resents having it shoved down his throat.

“While our nation fights to overcome the prolonged economic downtown, this bill advances numerous policies that are critical to the American people and domestic job creators,” explains Dent. “By passing H.R. 3630, the House has taken the first step to prevent a tax increase on hard-working Americans by extending temporary payroll tax relief for an additional year. The bill also extends the federal unemployment insurance program while implementing common-sense reforms that will help more Americans get back to work, and ensures countless seniors maintain access to their current doctors by preventing a 27.4% cut to physicians’ Medicare reimbursement rates next year.”

“Furthermore, H.R 3630 addresses excessive federal regulations that stifle job growth in numerous sectors of our economy and extends 100 percent business expensing through 2012 to allow job creators to invest in their growth,” continues Dent. “Finally, H.R. 3630 establishes a process for the completion of the Keystone XL pipeline. Not only will the construction of this crucial infrastructure create thousands of jobs for American workers, it will also provide the energy resources needed to fuel our economic recovery.”

Dent's Summary of Middle Class Tax Relief and Job Creation Act

This summary comes courtesy of LV Congressman Charlie Dent.

Summary of H.R. 3630, the Middle Class Tax Relief and Job Creation Act:

Extends Current Payroll Tax Relief

The bill provides a one-year extension of the temporary payroll tax relief enacted in 2010. The measure ensures taxes will not increase on the nearly 170 million Americans who currently pay payroll taxes, saving the average American family $1,000 in 2012.

Extends the Unemployment Insurance Program & Implements Common-Sense Reforms

The bill extends unemployment insurance (UI) program benefits while implementing permanent reforms to strengthen UI. Recognizing that unemployment services should focus on helping Americans get back to work, the bill uses a two-step process to gradually reduce current maximum weeks of benefits from 99 to 59 weeks, a common-sense level that is in line with past recessions and economic downturns. H.R. 3630 also requires all state and federal UI recipients to, as a condition of eligibility, search for work, enroll in a GED program if they have not finished high school (with exceptions for older workers), and participate in reemployment services to help them get back to work. Additionally, the measure allows states, if they desire, to perform drug screening and testing as a condition of providing UI benefits in order to improve prospects for future employment.

Helps Create Jobs

The bill accelerates a final decision on the Keystone XL energy pipeline – requiring a permit be granted within 60 days unless the President determines the project is not in the national interest. Similar legislation passed the House with bipartisan support earlier this year. The measure extends 100% business expensing through 2012 to make it easier for employers of all sizes to invest in new machinery and equipment, grow their businesses, and create jobs. The bill stops the onerous new boiler MACT rule and requires the Obama administration to develop a more sensible alternative that balances the need to protect both jobs and the environment. Similar legislation passed the House in a bipartisan fashion earlier this fall.

Includes Two-Year “Doc Fix”

The bill ensures Medicare beneficiaries maintain their current level of care by implementing a two-year “doc fix” that protects Medicare physicians from large reimbursement cuts scheduled to take place next year.

Offsets Payroll and UI Extension through Spending Cuts, Not Tax Increases

The bill includes spending cuts in government programs – not tax increases on job creators – to fully pay for extending current payroll tax relief and UI benefits. This includes extending the current pay freeze for federal workers, including Members of Congress, eliminating government benefits for millionaires and billionaires, and reforming entitlement programs – many ideas for which President Obama has already expressed support. 

The Lehigh Valley's Poisoned Places

A reader has reacted to my post about local government transparency with a comment that should be shared with all of you. An NPR Investigative news piece details some sad stories concerning our exposure to nearly 200 dangerous chemicals that can cause cancer, birth defects and other problems. Here's the comment.

Speaking of Sunshine Law and transparency...

Bernie...you have a fair history of exposing wrong-doings in local gov't.

But, let's look at how local government has failed to cite, reign in - or even acknowledge - some of the flagrant violations of EPA standards that are going on in our backyards.

Center for Public Integrity, together with NPR, just released a report/map of "Poisoned Places" across the country.

Take a gander at our local area (you might want to look closely at a few in Nazareth):

http://www.npr.org/news/graphics/2011/10/toxic-air/#11.00/40.7098/-75.2065

Some of them have been emitting toxins unchecked...and unregulated...since at least 2001. Which, of course, is not only making its way into our lungs, but into the streams and ground water as well.

(Gee... groundwater issues in rural neighborhoods... Wells, anyone?)

We're talking emissions of LEAD, MERCURY compounds, TOLUENE!, Phthalates, and DIISOCYANATES.

Lovely.

The actual EPA emission reports are public information...and can be viewed by clicking on the dot over the company.

How long do these businesses expect to silently get away with this?

Very SMOOTH.

Ten Congressmen Launch Bipartisan Effort to Save Delaware River Basin Delaware

According to Patch, the Delaware River is Pennsylvania's 2011 River of the year. A bipartisan group of ten Congressmen are doing their best to make sure your grandchildren can enjoy it, too.

From the Office of Congressman John Carney (D-Del.), 6/23: - A bipartisan group of ten U.S. Representatives from Delaware, New Jersey, New York, and Pennsylvania introduced legislation today to enhance habitat, water quality and flood control improvements for fish, wildlife and people in the Delaware River Basin. The legislation requires the Director of the U.S. Fish and Wildlife Service to identify, prioritize, and implement restoration and conservation activities in the entire Basin, which is home to eight million people and provides drinking water to 15 million.

Rep. John Carney (D-DE), Rep. Rush Holt (D-NJ), Rep. Maurice Hinchey (D-NY), Rep. Frank LoBiondo (R-NJ), Rep. Mike Fitzpatrick (R-PA), Rep. Charlie Dent (R-PA), Rep. Jon Runyan (R-NJ), Rep. Rob Andrews (D-NJ), Rep. Allyson Schwartz (D-PA), Rep. Pat Meehan (R-PA) proposed the Delaware River Basin Conservation Act of 2011, which will not add to the current budget deficit. The U.S. Fish & Wildlife Service will use their existing budget to implement the requirements of the legislation.

The legislation is focused on optimizing collaboration and increasing resources and local capacity for on-the-ground and community-based projects. The legislation would enable communities and citizen groups to lead the way in addressing local watershed priorities.

“This program will improve coordination between government, private, and non-profit entities and focus our efforts on the most effective projects. The grants will be competitive and peer reviewed, ensuring we are being good stewards of the Delaware River Basin and taxpayer dollars alike,” said Representative John Carney (DE-AL). “I am honored to carry on this effort, which my predecessor, Mike Castle, championed.”

“The Delaware River is the longest free-flowing river in the eastern United States, spanning from its headwaters in the Catskills of New York to the mouth of the Delaware Bay. Yet the federal government has never had a comprehensive strategy addressing conservation, water quality, and fish and wildlife habitat protection,” said Representative Rush Holt (NJ-12). “The six million people who make their home along the River deserve the coordinated effort that this legislation would establish.”

"We need a comprehensive strategy to provide for conservation in the Delaware River Basin," said Representative Maurice Hinchey (NY-22). "The Basin is already a source of drinking water, recreation and prosperity for millions of people, and this legislation will help to ensure it remains that way."

“The Delaware River Basin is not only an environmental treasure, but an economic engine for our region,” said Representative Frank LoBiondo (NJ-02). “Supporting countless maritime, agricultural and recreational jobs, this legislation will ensure the watershed is protected going forward. I applaud this bipartisan legislation and the environmental partners, including the Partnership for the Delaware Estuary, who tirelessly work to ensure the health of the Delaware River Basin.”

“A regional coordinated effort in the Delaware River Basin will ensure that our natural resources and our communities are protected,” said Representative Mike Fitzpatrick (PA-08). “Through this legislation we will be able to better manage and mitigate flooding that occurs all too frequently along the Delaware River.”

“A healthy Delaware watershed is critically important to the people of my District, the Commonwealth of Pennsylvania and our entire region,” said Representative Charlie Dent (PA-15). “Developing a coordinated federal strategy for protecting and restoring the watershed will benefit communities across our region by improving water quality, enhancing recreational opportunities and strengthening flood prevention and mitigation.”

“The Delaware River watershed is a regional treasure that provides economic opportunity and recreational activities,” said Representative Allyson Schwartz (PA-13). “It’s time we get smarter about coordinating efforts to protect the river basin’s environment. This legislation does just that. Without any additional mandates or regulations, interested parties will be able to work together throughout the entire basin and do so with the support of federal assistance.”

“Protecting the Delaware River Basin is very important to our region,” said Representative Patrick Meehan (PA-07). “I am pleased to support this legislation which takes a coordinated approach to the restoration and protection of the Delaware River Basin for generations to come.”

In addition to current Basin funding and programs, a dedicated source of federal resources would bolster restoration and conservation in the region through strategic grant-making and more coordinated implementation of existing funding mechanisms at the federal, regional, state, and local level. The Delaware River Basin Restoration Grant Program will support locally-driven, on-the-ground projects by non-profits, universities, state and local governments, community organizations and others.

Reps. Holt, Dent and Hinchey are co-chairs of the Delaware River Basin Task Force. Reps. Carney, Andrews and LoBiondo are all members of the Task Force.

A similar proposal is being introduced in the Senate today.

NorCo Council Spends $260,400 to Save the Lizards

Ron Angle's son graduated from Bangor High School last night, so he was absent from County Council. For some, and that certainly includes most of his fellow elected officials, it was a cause of joy and celebration. For those interested in good government and fiscal responsibility, it was a disappointing night.

Just two weeks before, Angle managed to persuade Council members to table a resolution that would throw $260,400 in taxpayer money for swampland in Upper Mount Bethel Township, where Angle lives. But last night, Council forgot about fiscal responsibility and listened instead to people like Ellen Lott of the Nature Conservancy.

"I am here to speak for the trees because they have no tongues," she claimed, quoting from Dr. Seuss. As the Fake Rev claims to represent "We, the People," Lott claims that she also spoke for the salamanders and frogs, even though they have tongues. Occasionally beating back tears, she begged Council to fund "a place where raptors soar overhead and water trickles down."

After the meeting, a few lizards denied she really speaks for them.

Environmentalist Constance Volker (spelling?) claimed this marshy habitat reminds her of the disappearing Amazon rain forest, and begged Council to save "the salamander family."

These lizards camp out on two tracts.

One of them, owned by Kirkridge, consists of 108 acres. The County would kick in $199,400 (40%) of a $501,100 grant, which translates to $4,638 per acre. The other property, located next to the Kirkridge tract, is 22 acres owned by David Broad. The County would kick in $61,000 (40%) of a $152,500 grant, which translates to $6,932 per acre. The other contributors would be DCNR (50%) and Upper Mount Bethel Township (10%).

Two weeks ago, Angle told Council that he doubted that the Kirkridge tract would pass a perc test for two sand mounds on the entire 108 acres. But Charles Reiss last night told Council it's a place of "wellness" that serves all Christian lizards. Jewish lizards, too, added Kirkridge's Alice Murray.

Two weeks ago, Angle also questioned the amount of money being spent. "It's not a fair price for what's there to buy."

"I've been in the real estate racket for forty years. I wouldn't give you $400 per acre. ... This is craziness but this is what you will get from [the Environmental Advisory Board]."

He challenged Council members to look at the tracts, pointing out that no swampland disappears but farmland is being gobbled up every day. The matter was tabled, with Council members grumbling that they'd like to see a second appraisal.

Last night, Council was told that there would be a second appraisal when DCNR approves the grant request. Nobody seemed to mind that, instead of getting an independent valuation, the state would just rely on the Nature Conservancy to get the numbers. Eleven people addressed Council, and told them to quit "nickeling and diming" this proposal. Farmland Preservation Administrator Maria Bentzoni added she's been looking at appraisals for nine years, and this one is not "outrageously ridiculous."

So last night, Northampton County Council struck a unanimous blow for the salamanders.

Obama On Federal Response to Oil Spill in Gulf of Mexico

Thanks to an explosion at an oil platform in the Gulf of Mexico ten days ago, the Gulf Coast has been ravaged by 168,000 gallons of oil per day. But Obama waited until yesterday to respond. Below is a statement he just made from the Rose Garden:

I have dispatched the Secretaries of Interior and Homeland Security, as well as the Administrator of the EPA, my Assistant for Energy and Climate Change Policy, and the NOAA Administrator to the Gulf Coast to ensure that we continue to do everything necessary to respond to this event. And I expect their reports from the ground today.

As I said yesterday, BP is ultimately responsible under the law for paying the costs of response and cleanup operations, but we are fully prepared to meet our responsibilities to any and all affected communities. And that’s why we’ve been working closely with state and local authorities since the day of the explosion.

There are now five staging areas to protect sensitive shorelines; approximately 1,900federal response personnel are in the area; and more than 300 response vessels and aircraft on the scene 24/7. We've also laid approximately 217,000 feet of protective boom, and there are more on the way.

I've order Secretary Salazar to conduct a thorough review of this incident and report back to me in 30 days on what, if any, additional precautions and technologies should be required to prevent accidents like this from happening again. And we're going to make sure that any leases going forward have those safeguards. We've also dispatched teams to the Gulf to inspect all deepwater rigs and platforms to address safety concerns.

So, let me be clear. I continue to believe that domestic oil production is an important part of our overall strategy for energy security, but I've always said it must be done responsibly, for the safety of our workers and our environment. The local economies and livelihoods of the people of the Gulf Coast as well as the ecology of the region are at stake. And we're going to continue to update the American people on the situation in the Gulf going forward.