Nazareth Should Impose Curfew on Borough Council, Not Kids

Nazareth is at it again. After being buried for several years in civil rights litigation filed by cops and citizens alike, it is on the brink of doing something bound to inspire even more lawsuits and lawyer bills. Specifically, our borough betters are considering a curfew (read it here) aimed at kids.

According to police, this is the result of unspecified "incidents" during late evening and early morning. That's horseshit. A review if Borough Council minutes, going back to the beginning of the year, shows there's been no public hue and outcry over some dangerous teen menace.  Moreover, aside from trying to sell revolvers in some sweetheart deal and appointing supervisors and investigators, there are no warnings from the police. There was an increase in police activity during one month over the summer, which is to be expected. In short, this curfew is the solution to a nonexistent problem.

If such a curfew were adopted, there is no doubt in my mind it would be arbitrarily enforced against those whose parents have no connections as well as the borough's minority population. In the not-too-distant past, Borough police included an officer who openly admitted he hated black people.

In addition, it would violate a settlement agreement in a civil rights lawsuit under which the Borough agreed to respect the First Amendment rights of citizens, which presumably include this nonexistent teen menace.

Moreover, study after study has shown they are ineffective.

If Borough Council really wanted to eliminate crime, they should start with two members of Council who were placed on first offender programs for theft and corrupt activity. There's even a member whose name is "Crook!"

Council will be discussing this Tuesday night, 7 pm.

I, For One, Support the War on Thanksgiving

The Internet has been having a field day over Donald Trump's claim, made at a Florida rally, that "some people" want to change the name we use for Thanksgiving  Well, before you continue your mockery, one of those people is me. I want to do away with the holiday altogether, not just rename it. My reasons have nothing to do with politics. They have everything to do with my stomach.

I love to eat. The more unhealthy the food, the more I like it. But after losing a shit ton of weight, one of my biggest fears is that I'll put it all back on.  It's a realistic worry, too. My whole adult life, I've been a yo-yo on the scales. So when a holiday dedicated to eating everything in sight comes up, I struggle.

Many of you can get away with eating a little extra now and then. Not me. I can gain five pounds just smelling a good dessert. So it's always tough at this time of year. My problem is that, if I treat myself, I begin to binge. I might hide it at a social gathering, but will stop off somewhere on the way home and eat ten times more than the dessert I politely refused.

I attended a Thanksgiving dinner tonight, and made sure I ate plenty of turkey, about three times as much protein as I usually have. I also had some mashed potatoes, cranberry sauce, two dinner rolls and two ounces of cheese. I declined dessert, but stopped at a WaWa on the way home for apple slices and peanut butter. I stayed under my calorie max (barely), and am far from hungry. But seeing and smelling all that food infused me with cravings that I am only getting over now.

As an alcoholic, I was able to stop drinking completely. Once you resign yourself to the fact that one drink is too many and a hundred is never enough, it gets easier by the day to pass up. But we need to eat to live. You can't just swear off food. . 

 I envy those of you who never gain weight and can eat what they want.

Fortunately, I was able to take my mind off food with three games of Hearts. I won all of them, and rather convincingly. I was so good my fellow players have suggested I conduct classes.

So I would replace Thanksgiving with National Hearts Day. No food. Just cards, coffee and sparkling water for me. If the others want to eat and drink, have at it.

Jill Stein Wants Fed'l Court To Ban Express Vote XL Voting System

Jill Stein, the Green Party's 2016 Presidential candidate, yesterday asked a federal court to ban the use of The Express Vote XL voting system. She claims this system fails to provide voter verifiable paper ballots and thus violates a settlement agreement with Pennsylvania. Under that deal, the state ordered all counties to have new voting systems with voter verifiable paper ballots in time for the 2020 election. Now that three counties have purchased The Express Vote XL and two have used them, Stein sues.

Th Express Vote XL was used in November's election in Philadelphia and Northampton County. Cumberland County, which also bought this system, plans to roll it out next year.

Stein claims that despite a certification on the federal level and two from the state, The Express Vote XL disenfranchises the voter because it uses barcodes, is difficult to see through a plastic screen, and isnot really a paper ballot. 

There is little doubt in my mind that Stein's claim is frivolous. She filed no motions when paper ballot purists unsuccessfully challenged the certification. She stood by as three counties spent millions of taxpayer dollars to comply with Governor Tom Wolf's ill-considered directive. She did nothing as two counties used them in November's election. Her delay in coming forward has certainly prejudiced counties who were acting with the best intentions.

On the merits, her argument about barcodes is sheer nonsense and has been repeatedly rejected. barcodes are used in banks, hospitals and every major business. They are used precisely because they are reliable.

This motion was obviously filed for political effect  and not from any sincere desire to improve our elections.

You can see her motion here. 

(Updated): No Challenge Expected in NorCo Election

Northampton County's November 5 election was an ugly affair, especially if you were any of the three judicial candidates running for one of two open positions. As bad as things were, defeated judicial candidate Vic Scomillio has decided against challenging the results. I believe he's the only candidate who had a legitimate argument, so his nonaction pretty much means that Northampton County's results will be certified.

Updated 11/26, 8 am:: In a much more detailed Morning Call story covering this issue, NorCo GOP party boss Lee Snover tells reporter Riley Yates that the county party had a complaint ready to go, along with 20 affidavits from people concerning specific problems with the ExpressVote XL. Lee Snover's sister,  Maude Hornick, is the sole returning Elections Commissioner. In the interest of ensuring the best possible elections we can have, I would hope the details of this complaint, and especially the affidavits, be shared with the Elections Commission. The exact identity of the affiants is unimportant, but what they say could prevent a repeat.

"No excuse" absentee voting, which will be permitted for the first time in Pa., should help reduce lines at the polling place.

(Originally published 11/25, 1:13 pm)

Joe Biden Will Be a "Hands On" Prez

Joe Biden has a tendency to put his foot in his mouth and say things that make no sense. Some of you think this is a sign he's just too damn old. The reality is that Joe Biden has always had a tendency to put his foot in his mouth and say things that make no sense. So in a debate, he looks bad. But one-on-one, as was recently the case with 60 minutes, he looked and sounded like a statesman. One who, unlike the current occupant of the White House, is willing to laugh at himself.

Hey, if he's good enough for Jennifer Aniston, he's good enough for me.

Trump Coming to Hershey Center

Donald Trump will woo Pennsylvania voters with a visit to Hershey's Giant Center on December 10, 7 pm. It will be his 4th visit to Pa in 2019. Trump won Pa in 2016 by a scant 44,000 votes. 

DigDeep: 2 M Americans Have No Running Water

DigDeep, a human rights nonprofit, has just released a report concluding that nearly 2 million Americans lack running water. As explained in MarketWatch, "Native Americans are 19 times more likely to lack indoor plumbing than their white counterparts, putting them in the worst spot of any group, and African-American and Latinx households lack indoor plumbing at almost twice the rate of white households ... ."

Judge Panella and the Champ

Superior Court President Judge Jack Panella, along with President Judge Emeritus Susan Gantman, appeared last week the Larry Homes show at Service Electric Cable TV. The topic was the interplay between the three branches of government, with detail about the judicial branch. This tension exists on a local, state and federal levels. It prevents any one branch from becoming dominant.

NorCo Council Approves Municipal Park Grants

At their Thursday night meeting, NorCo Council approved the following municipal park grants:

Bangor - $9,659 for playground equipment at Memorial Park.

Hellertown - $52,575 to replace wooden steps at Dimmick Park with concrete steps, and develop a naturalized swale.

N. Catasaqua - $7,500 for a trail plan for a trail network within the borough.

N. Catasauqua - $8,000 for shade structures at William J Albert Memorial Park. "A shade structure used to be a tree," remarked Council member John Cusick. Several trees had to be removed because of storm damage. These canopies are considered safer, and trees have maintenance costs.

Pen Argyl - $75,000 for concession stand improvements at Weona Park.

Wind Gap - $79,303 for a trail at Wind Gap Park.

Bushkill Stream Conservancy - $50,000 to stabilize Bushkill Creek between Tatamy and Palmer Tp.

Bushkill Tp - $38,635.51 for split rail fence and other improvements (canoe launch) at Albert Ponds Park.

Lower Nazareth Tp - $150,000 for walking trail and bathroom at Newburg Community Park.

Palmer Tp - $106,570 to upgrade a stoneparking lot at Riverview Park, rebuild walking trail and repair softball fields.

Plainfield Tp- $34,797.50 for a pavillion at Municipal Building Park.

All of these grants are matched.

West Easton Constable Arraigned on False Report Charges

West Easton Constable Tricia Mezzacappa was arraigned Thursday for filing false reports with the Pennsylvania State Police. Allentown Attorney John Waldron is representing her, and trial is scheduled for February 3, 2020.

The charges stem from a neighbor dispute in February, during which Mezzacappa claimed to have been accosted by a black gunman, whom she said placed a gun to her head. She told state troopers that she fired on this gunman when he fled. She said he ran into the home of the very neighbor with whom she was arguing moments before. After an extensive investigation involving four or five troopers and lab tests on her pistol, state police concluded Mezzacappa lied to them, and charged her. The charges were sent to county court by Magisterial District Judge Richard Yetter in August.

The maximum penalty for a third degree misdemeanor is 6-12 months in jail, along with a $2,500 fine. Mezzacappa can apply for accelerated rehabilitative disposition, but this would depend on both the state police and the person she attempted to frame.

She was acquitted recently after being charged with disorderly conduct after an altercation with her neighbor the day before her preliminary hearing.

Earlier this week, she lost a $12,000 claim she filed against Erie Insurance.

Bethlehem Police Chief Issues Parking Ticket ... To Himself!

Yesterday, I reported on the strange goings on at Northampton County Executive Lamont McClure's fundraiser at Bethlehem's upscale Edge restaurant. While no UFOs were sighted, that's only NorCo Council member Tara Zrinski was elsewhere. Things were still pretty strange.

First, judge-in-waiting John Morganelli was there. He and McClure have been friends for years, so it's understandable John would want to support Lamont. It's still a violation of the Canons of Judicial Ethics because it creates an appearance of impropriety completely undermining public confidence in our judicial system. In John's defense, he sought out and obtained an opinion from Judge Ed Reibman, concluding John can basically do whatever the hell he wants until he officially ascends to the judicial heavens. But as I explained to Morganelli yesterday, "Who you gonna' believe, a distinguished Lehigh County jurist or a disbarred lawyer?" The answer is clear.

My second problem concerns one of the guests, who parked his unmarked police car in a "no parking" are on Broad Street because he was too damn lazy to walk from the nearby parking garage. So this morning, I fired off an email to Chief Mark DiLuzio, asking him to dime the scoundrel who thinks he's above the law.

Turns out it was the Chief! Here's what he told me:

"Bernie that is my vehicle. I arrived at the event after it began and left before it was over. I drove from BPD HQ on Church Street to Broad Street and then home. You know my address.*

"You got me. I’m guilty to a parking violation. I will have my Deputy Chief issue me a City parking ticket and I will pay it. Feel free to follow-up with BPA to verify.

"When I learned of your blog article, I notified the Mayor and advised him how I was going to respond to this issue."

I want to take this opportunity to thank Chief DiLuzio for both responding and acknowledging that the law applies to him, too. His action in having a ticket issued to himself demonstrates his own personal integrity and sets a great example.  I wish a certain person in Washington would recognize the law applies to him, too.
_______________________

*) Lol, I know the Chief's address because I was in his neighborhood when his wife ran for DA, trying to reach a next door neighbor. This person could confirm or deny the existence of a Trump sign on the DeLuzio property.

NorCo Council Names New Election Comm'n

Northampton County Council voted last night to appoint four new members to what should be a very busy Elections Commission next year. Council also re-appointed Maudenia Hornick who has served for the past two years.

The new appointees are Democrats Alan Brau, M.D., Daniel Lopresti, and Gail W Preuninger. The GOP newcomer is Frank L DeVito. He will join fellow Republican Hornick

Under the County's Home Rule Charter, the five-member Elections Commission is made up of members of the two political parties receiving the greatest number of votes in the most recent general election. Three members come from the majority party, and the remaining two come from the minority.

It is the party chairs who provide five recommendations each, from which the Executive makes his nominations. Members of the Elections Commission are unable to hold or seek public office or be officers of their party.

The appointments passed 8-0, with no discussion. A ninth Council member, Matt Dietz, was absent.

Though there was no controversy concerning the new Elections Commission, five citizens stepped forward to express their dissatisfaction over the failure of the Express Vote XL in the most recent election.

Deb Hunter is a member of the existing Elections Commission until the end of this year. She argued that ES&S, which sold the $2.9 million system to the county, violated its contract. "We should get our money back," she asserted. She also called on the County to hire an independent diagnostician to look over ES&S's shoulder when they examine the machines to determine what went wrong. She suggested Elections Office employees be trained in the "logic and accuracy" testing done on each machine. She wondered why Amy Hess, the Acting Registrar since January, is still just an Acting Director. Finally, she urged Council to hire a FT or PT machine custodian, a position that was eliminated in th 2019 Budget.

Hunter's comments were echoed by Gail Preuninger, who will become an Election Commissioner herself in January. Roger Dreisbach Williams said he is encouraging everyone in his community to vote by paper ballot, and urged the County to delay is election count until the Wednesday after the election for some reason. Lorraine Mineo urged the County to hire more poll workers.

Executive McClure, during his report, explained that Amy Hess has done an exceptional job assuming the role of Acting Registrar, but is unable to discuss what has happened publicly because it is a personnel matter.

"We are thinking about everything," he assured those who had suggestions. One decision has already been made. He wants to replace the current paper registration poll books with electronic poll books, which should make it much easier for voters to check in.

"We want to know what happened and what the fix is," he said of vendor ES&S. But he is confident that the election, flawed as it was, was still "legal, fair and accurate."

He indicated members of the Elections office will observe ES&S when it does its analysis. Hunter's suggestion that an independent diagnostician be hired is likely unworkable because the system is proprietary.

Insofar as Hunter's suggestion that Elections Office workers be involved in the "logic and accuracy" testing, they already are involved.

Scheller Campaign Dismisses GOP Rivals

Lisa Scheller is a former Lehigh County Commissioner, Silberline's CEO and a philanthropist. She'dliketobe the Lehigh Valley's next Representative in the U.S. Congress. But before she can square off against incumbent Susan Wild, she faces Republican opposition from perennial candidates Dean Browning and Matt Connolly.

Her campaign spokesperson, Dennis Roddy, disposes of Matt and Dean in three short sentences:

"Neither Matt Connolly nor Dean Browning display Republican values when it comes to taxes. Connolly failed to pay his taxes. Browning voted to raise taxes. As a result of these failings, voters in this region have grown accustomed to rejecting both Matt and Dean."

Jerry Seyfried Re-Appointed to Retirement Board

Jerry and his wife, Julie

Northampton County Executive Lamont McClure has re-appointed Gerald E. "Jerry" Seyfried as the retiree representative of the Retirement Board. This Board's basic role is managing the pension funds, but Seyfried successfully lobbied for restoration of at least some of the health benefits retirees currently enjoy. For years, he has also helped organize a semi-annual luncheon for the county's former workers.

Jerry is a former Executive, County Council member and cabinet official. He still carries a dog-eared copy of the Home Rule Charter. He is an excellent archer who spends much of his free time in the outdoors. He told me he'll skip his confirmation tonight because he's in a Hearts tournament at the casino.

Bad Optics at McClure Fundraiser

Last night, Northampton County Executive Lamont McClure conduced his annual fundraiser at Bethlehem's swanky Edge Restaurant. Despite what they may tell you, few contributors write out $500 plus checks because they believe in good government. Unions, contractors, engineers and lawyers and county employees go to these things because they want something. It could be as simple as a paycheck or a major contract. Even when there is no quid pro quo, it is still a legalized form of bribery. Unfortunately, it's also an ugly necessity. Most public officials lack the personal resources to wage an effective campaign and have their message heard. Unless you want a government of oligarchs, you have to trust that candidates will do the right thing, which they usually do. Besides, after the election fiasco on November 5, McClure will almost certainly face opposition when he seeks re-election. He may even have a primary opponent. So it's understandable, as ugly as it is. But the bad optics of dunning county employees and vendors for money was made worse by two other things over which McClure has no control.

1) Municipal Vehicle Illegally Parked at McClure Fundraiser

Parked outside The Edge at an expired meter was the municipal vehicle you see above. It's not just any municipal vehicle, but hs been identified by my secret agent as a police car. He knows this because he happens to be a police officer himself. Is it a county or city car? My guess is Bethlehem City, and a top-ranking officer. It's too nice to belong to the County. The license plate number is MG0745L.

I understand it was cold and a little windy last night, but that's no excuse for acting as though you are above the law you should be enforcing. What's more, this public resource was being perverted for partisan political activity.  Actions like this lead to politicians like Edwin "Fed Ed" Pawlowski.

It is my hope that Executive McClure and Mayor Bob Donchez both identify the person who was misusing this public resource and discipline that person.

2) Judge Morganelli Attends Partisan Fundraiser

After noting the illegally parked police car, my spy slipped into the fundraiser to see what was happening.  He was unaware that there was a fundraiser, but knew some sort of event was going on. He noticed several people ponied up at the bar. They included Chief Public Defender Nuria DiLuzio and District Attorney John Morganelli.

Now it's no crime to stop at a bar and hoist a few. But Morganelli is more than the County's District Attoney. He is a judge-elect, and as such, should not have been within 10 miles of a political and partisan fundraiser

Morganelli did more than sit at the bar. He actually attended the event, though he made no contribution.

According to Morganelli, he is neither a judge nor a candidate. He tells me he has sought an ethics opinion, and that Judge Edward Reibman has written one under which Morganelli can continue to raise money and make contributions until he is sworn in.

That sounds nice, but is contrary to Canon 7 of the Code of Judicial Ethics, which provides,

"Judges holding an office filled by public election between competing candidates, or a candidate for such office, may, only insofar as permitted by law, attend political gatherings, speak to such gatherings on their own behalf when they are a candidate for election or reelection, or speak on behalf of any judicial candidate for the same office, identify themselves as a member of a political party, and contribute to a political party or organization."

It also provides, "Judges should not engage in any other political activity except on behalf of measures to improve the law, the legal system, or the administration of justice."

The notion that Morganelli is free from the Canons simply because he is waiting to be sworn in is simply ridiculous. If a judge-elect is permitted to engage in partisan political activity, this undermines public confidence in the integrity and impartiality of the judiciary.

He should have stayed away.

How Hillary Gets Dem Nod

Here's Hillary Clinton's most recent statement on the subject of her running for President:

"I, as I say, never, never, never say never, and I will certainly tell you I am under enormous pressure from many, many, many people to think about it, but as of this moment sitting here in this studio, that is absolutely not in my plans."

In other words, she wants to run.

Here's how it could happen. Elizabeth Warren, Bernie Sanders, Pete Buttigieg and Joe Biden will each win in some primaries, but no one will have the 1,990 pledged delegates going into the Democratic convention in July. So the first ballot will fail to elect a candidate.

In the second ballot, superdelegates will be able to vote. These are party insiders who are pledge to no one. In addition, pledged delegates will be able to vote for whomever they want.

This is where Hillary will work her mischief.

How Much Does a Recount Cost in a Local Race?

In statewide races, recounts are mandatory if a candidate or ballot measure is defeated by less than 0.5% of all votes cast in a race. This statewide rule has no application to local races.

In local races, a recount of ballots is required if three qualified electors in that district file a petition alleging that fraud or error occurred in the tabulation of votes or the marking of election ballots. They have no obligation to specify the fraud or error, but must post $50 for each machine or ballot box to be examined.

Northampton County has 125 polling precincts. Most have two machines. So roughly, we're talking about $12,500. You get the money back if you win.

NorCo Snags $200k From DCNR For Wy-Hit-Tuk Park

Pennsylvania's DCNR on November 14 announced a $200,000 grant to Northampton County for improvements to Wy-Hit-Tuk Park, located along Route 611 in Williams Tp. This will include a comfort station, play equipment, ADA access, landscaping and signage.

"Wy-Hit-Tuk" means "River" in the Native American language of the Lenape, the aboriginal inhabitants of tthis County.

Paul Harvey's "If I Were the Devil"

At church on Sunday, one of my readers was blessed by the preacher with a rendition of Paul Harvey's "If I Were the Devil." His original broadcast of this essay was in 1964, but he updated it a few times, and below is an updated version:

“If I were the prince of darkness, I would want to engulf the whole world in darkness. I’d have a third of its real estate and four-fifths of its population, but I would not be happy until I had seized the ripest apple on the tree — thee. So, I would set about however necessary to take over the United States.

“I’d subvert the churches first, and I would begin with a campaign of whispers. With the wisdom of a serpent, I would whisper to you as I whispered to Eve: ‘Do as you please.’

“To the young, I would whisper that the Bible is a myth. I would convince the children that man created God instead of the other way around. I’d confide that what’s bad is good and what’s good is square. And the old, I would teach to pray after me, ‘Our Father, which art in Washington ...’

"Then, I’d get organized, I’d educate authors in how to make lurid literature exciting so that anything else would appear dull and uninteresting. I’d peddle narcotics to whom I could. I’d sell alcohol to ladies and gentlemen of distinction. I’d tranquilize the rest with pills.

“If I were the devil, I’d soon have families at war with themselves, churches at war with themselves and nations at war with themselves until each, in its turn, was consumed. And with promises of higher ratings, I’d have mesmerizing media fanning the flames.

“If I were the devil, I would encourage schools to refine young intellect but neglect to discipline emotions. I’d tell teachers to let those students run wild. And before you knew it, you’d have drug-sniffing dogs and metal detectors at every schoolhouse door. With a decade, I’d have prisons overflowing and judges promoting pornography. Soon, I would evict God from the courthouse and the schoolhouse and then from the houses of Congress. In his own churches, I would substitute psychology for religion and deify science. I’d lure priests and pastors into misusing boys and girls and church money.

“If I were the devil, I’d take from those who have and give to those who wanted until I had killed the incentive of the ambitious. What’ll you bet I couldn’t get whole states to promote gambling as the way to get rich?

“I’d convince the young that marriage is old-fashioned, that swinging is more fun and that what you see on television is the way to be. And thus, I could undress you in public and lure you into bed with diseases for which there are no cures.

“In other words, if I were the devil, I’d just keep right on doing what he’s doing.”

Yovanovitch: Quiet Steel

On my Friday trip to Oneonta, I had the opportunity to listen to much of Marie Yovanovitch's testimony before the House impeachment committee. I heard the rest in my hotel room. She was both compelling and damning to authoritarians like Donald Trump and Vladimir Putin. It is little wonder that the tweeter-in-chief trashed her as she testified. She is a rare force for honest government in the face of endemic corruption. She was costing them money.

In the end, this is what this is all about. Not politics, but money.

Propublica has teamed up with WNYC  to produce a podcast on the players involved