Deely DeRails at DeSales

Yesterday, I witnessed something you don't see every day. I saw a high school English teacher at a loss for words. I saw a teachers' union advocate schooled in the cost of government. I saw the S.S. Deely, in a race rated among the top ten by PoliticsPA, hit the Simmons iceberg. You'll be able to see it too, when a debate between incumbent State Representative Justin Simmons and Easton High School teacher Kevin Deely is aired on WFMZ-TV69's Business Matters,, hosted by Tony Iannelli. It's scheduled for Monday, October 22, at 7:30 PM.

This debate, taped at the DeSales University Center before a pro-Simmons crowd of about fifty people, is focused on the question whether Simmons should continue to represent the hodgepodge known as the 131st legislative district, or whether he should let Kevin Deely give it a whirl. If this fiery debate is any indication, Simmons will be back. If I were in Deely's camp, I would have thrown in the towel after about five minutes.

Justin Simmons is a freshman who defeated a fellow Republican, Karen Beyer, to win the seat two years ago in a hotly contested primary. At the time, some of us, including me, questioned his youth and inexperience.  He proved us wrong, not only at the polls, but in his subsequent record in the House. Unlike most pols, he refuses per diems and a state-owned vehicle. He has declined to participate in a state pension plan. He has pledged that he will only serve three terms. He wants to reduce the size of the state legislature, which he believes should be part-time. As he explains it, "we need to change the way the system works in Harrisburg."

His opponent, Kevin Deely, is a 12-year Easton High School teacher who moved into the district about two years ago. In 2005, students named him "Most Inspiring Teacher." He's also an ardent advocate for the teachers' union, where he served as president in Easton.

Deely claimed he's running for the state house, even though he loves teaching, because our current state legislature is "stealing the future from our kids." As an example, he pointed to a Spanish teacher in Allentown who must educate 40 kids in a school cafeteria. He noted that funding there is $5.6 million less than the year before.

Simmons countered that the state has actually poured $26 billion into public education, about double what it was in 2000. He noted that Allentown asks for $4 million in distressed funding, but can somehow spend $1 million to replace a field.

Deely insisted schools have been gutted, and then Simmons turned it on. "They've been gutted because of the organization you represent," he charged, noting that Deely has just received $12,000 from the teachers' union and $36,000 in total from public sector unions.

"Who are you going to represent?" asked Simmons. "You're going to represent the unions," he said, answering his own question.

Deely insisted he would be representing "the working man," and quickly changed the subject to Voter ID, insisting there is no voter fraud.

"Do you believe in the tooth fairy, too?" asked Simmons.

Simmons wondered how Deely could represent the district when he just moved into it.  "You have no connection to this local community." Deely claimed he moved here to raise his children. But in response to a question from Simmons, he acknowledged they don't live here.

Tony Iannelli asked both candidates about the quarry issue in Lower Milford, a hot local topic. Simmons is opposed, but Deely said he's "currently uninformed on that issue."

"That''s why you shouldn't have run," noted Simmons.

While Deely was proud of his work as a union president in Easton, Simmons had a different take. "In the Easton School District, where you were the teacher union president, property taxes went up 16% and the buget contract you negotiated blew a $12.9 million hole in the budget. You did such a good job that you didn't even run for re-election as a teacher union president. Instead, you moved here, to run against me, to be a representative of the PSEA." All Deely could do is laugh.

His supporters looked like they were crying.

Noon Update: Express Times Endorses Simmons! "The battle for Pennsylvania’s 131st District House seat comes down to a freshman lawmaker who is familiar with most issues and willing to take stands vs. a newcomer who is spending most of his energy on one subject."

The Morning Call is Looking For a Few Good Questions

The Morning Call, PBS-39, Muhlenberg College and the Greater LV Chamber of Commerce will be hosting debates for the 15th (Incumbent Charlie Dent v. Rick Daugherty) and 17th (Laureen Cummings v. Matt Cartwright) Congressional Districts.

The double D debate (Dent and Daugherty) will take place on October 16, 8 PM. The very next night, at the same bat time, Laureen Cummings will square off against Matt Cartwright. Both of these close encounters of the political kind will take place at the brand, spankin' new PBS39 studios in Bethlehem's SteelStacks, where you can buy a commemorative mug with Jeff Parks' picture for just $3,500. You're invited, but if you can't make it, the program is being televised live.

Here's the cool part. You can videotape yourself, asking a question, and then posting it to YouTube. If the question is picked, you'll be on television, where you'll be seen by millions, , thousands , hundreds of viewers.

Who knows? It might be just the break you need for an opening in the adult entertainment industry. Lord knows, I've tried.

Michael Duck, whom I knew back when he had a beard, has the details above. He'll only be accepting questions until Friday at noon. Your youtube video link can be emailed to mobile@mcall.com or mcall.com/facebook.

Gracedale Show Online

There we were. Ron Angle and yours truly, the forces of goodness and light. We were pitted against the forces of darkness and evil, which consist of Steelworkers' Union Prez Gerry Greene, former County Exec Jerry Seyfried and former State Rep. and County Council member Rich Grucela. The topic was Gracedale. Ron Angle and I advocated selling the County-owned nursing home. Gerry, Jerry and Rich advocated selling us.

No buyers could be found.

This debate, which took place on WFMZ-TV69's Business Matters and aired last night, is now available online.

All kidding aside, Gracedale had some forceful advocates.

Can Judge Smith Break Legal Logjam at Center & Dewberry?

Judge Edward Smith is a U.S. Navy Captain

Dewberry Avenue and Center Street in Bethlehem, located near Bethlehem Catholic High School, is gridlocked. But it's not the traffic. Developer Abe Atiyeh, Bethlehem zoning and planning officials and numerous angry residents have created legal traffic jams over Atiyeh's seemingly Quixotic quest to establish a drug and alcohol treatment center somewhere ... anywhere ... in that vicinity. Northampton County Judges are now involved. Though they have the power to send someone to his death, it's by no means clear that they can resolve the legal war between the forces of Abe Atiyeh and Bethlehem. But Judge Edward Smith is trying, with an October 5 Order aimed at breaking at least a part of this legal logjam.

This all started when Atiyeh, who purchased 5-acres at the southeast corner of this infamous intersection, received permission in 2007 for an assisted living center on lands set aside for a cemetery. But when he was unable to market it, he asked zoners to let him build luxury apartments instead. Denied. He asked again. Denied again.

At the northeast corner, site of a vacant home, Atiyeh proposed relocating his business offices. Denied. So he proposed a drug and alcohol rehab, a la the Betty Ford Treatment Center. Denied. Just east of that, he proposed converting the vacant Calvary Baptist Church into a drug and alcohol rehab. Denied.

Back at the southeast center, Atiyeh decided to develop those 5 acres with Brookside Drug, Alcohol and Psychiatric Hospital, which unlike his proposed rehabs, is a lockdown facility. More importantly, it's a permitted use. He needed no approval from the Zoning Hearing Board. But his plans were tossed by the Planning Commission at a hearing attended by approximately 80 people, most of them opposed.

"I haven't heard a basis for a denial. Not a single one," said an astonished Blake Marles, a Bethlehem attorney representing Atiyeh.

Judge Smith agreed. He concluded that the Planning Commission "improperly invaded the province of the City of Bethlehem Zoning Hearing Board by making a determination of whether the use is a permitted use ... ." So he's sent the case back, but not to the Planning Commission. Instead, it's going to the Zoning Hearing Board, which has never heard the matter.

Zoners already have two special meetings scheduled on October 16 and October 18 to deal exclusively with other Atiyeh zoning applications. They're going to have to schedule a third.

So far, there is no light at the end of this legal tunnel. But Judge Smith also happens to be a Captain in the U.S. Navy.

Maybe he can order a missile strike.
Judge Edward Smith Remands a Planning Comm's Decision ... to Zoners

Would Ike Strike Iran?

You never hear the name Dwight D. Eisenhower invoked as one of our great Presidents. Like Ulysses S. Grant, Eisenhower is generally regarded as a great general who was relatively ineffective as President. But that common perception is being revisited, thanks to two recent biographies: "Eisenhower in War and Peace" (Jean Edward Smith) and "Ike's Bluff" (Evan Thomas). I'm currently reading the latter. It is thanks, mainly to him, that we spent eight relatively peaceful years.

Biographer Evan Thomas was interviewed on PRI's The World yesterday, who was asked what Ike would do about Iran?

The master of "shock and awe" and overwhelming power would discourage Israel from striking Iran, not because he'd be willing to acquiesce in a nuclear Iran, but because he'd want the U.S, to do it. Noting that Israel has no bunker busters, has refueling problems and is unable to send in waves, he'd commit U.S. forces if necessary.

"Eisenhower was an all or nothing guy," claims Thomas. "He would seriously consider using U.S. force to take it out."

Interestingly, Ike never told a soul under what circumstance he was willing to go nuclear, and he urged JFK to keep that decision to himself as well.

PRI Interview:

Today Is the Last Day To Register to Vote

Whether you like Obama, Romney or the other candidates out there, that means nothing unless you are registered to vote. TODAY is your last day to do so.

Register now or forever hold your peace.

Gracedale on Business Matters Tonight

Gerry Greene, Jerry Seyfried and Rich Grucela squared off Against Ron Angle and yours truly about Gracedale. You can see the show at 7:30 PM on WFMZ-TV69, and online shortly after the show airs.

NorCo Council Low-Balled on Archives Building

Since his election as Northampton County Executive in 2006, John Stoffa has wanted an archives building for the county's numerous records. It had a state-of-the-art facility, the envy of numerous other counties who periodically toured it. But it was torn down under former Executive Glenn Reibman to make way for a jail expansion. In April, Council waved its magic wand and granted Stoffa's wish, authorizing his purchase of a Forks Township building at 999 Conroy Place. But along the way, it appears that someone in his administration may have deceived Council, intentionally or unintentionally, concerning its actual cost. Let me tell you the story.

This purchase was long overdue. The County was paying $120,000 every year to store these records, in a floodplain, in Allentown. There was also a 48-hour delay for anyone who needed to view them. Originally, Stoffa decided to buy the Milides building, across the street from the courthouse, only to learn later that the parking was inadequate. After reviewing over thirty other sites, Stoffa finally decided on 999 Conroy Place with its 24 parking places, handicapped accessibility and close proximity to police and fire departments.

But nothing in life or government is free. Council had to sign off on a $750,000 purchase price from owner Edwin Stipe, who only paid $430,000 to buy the building in 2000. Stoffa warned Council that there would be substantial associated costs, too, including a whopping $600,000 for high-tech shelving.

It would also cost the County $90,000 to permanently retrieve the records from the Allentown facility.

Finally, there would be retrofit costs. This building would have to be modified with all kinds of humidity controls and specialized fire suppression to protect records, some of them nearly 300 years old, from the ravages of time.

Council member Ken Kraft, who eventually voted to make the purchase, wanted to know how much it would cost to retrofit the building. At the April Council meeting, he asked for a "firm" number. At this time , Director of Court Services Archie D'Isidore had two widely divergent engineering cost estimates in his pocket. One was for $700,000, and the other was for a little over half that amount, $356,000.

Instead of stating he really had no "firm" number, D'Isidore low-balled Council, just disclosing the $356,000 figure. "And that will pretty much include everything, including the HVAC, lighting, the whole nine yards," he assured Kraft and the rest of Council.

When bids for the retrofit came, the lowest one was $511,000, which is $155,000 more than Archie D'Isidore had led Council to believe.

Below are excerpts of some of the tense exchanges at Thursday night's Council meeting.

John Stoffa: "The initial estimate [of retrofit costs] was not accurate in terms of what it's going to take to get the building done, so up to $200,000 more is needed to complete that work."

Steve DeSalva, Director of Public Works: "There was oversight with the engineer. They missed some items."

"When the bids came in, we saw a $165,000 that was above the cost that was estimated."

"You could say that most of the costs were HVAC, but they were across the board proportionately."

"We know we got a good bid. We just had a bad engineer's estimate."

Herman Van Fleet, Project Architect, with thirty years experience: "You're getting good value for what you ended up with."

Ken Kraft: "Thirty years in the business and you didn't know an archives building needed special humidity control and special HVAC units and special fire suppression because it's all paper and it's not your typical office building?"

"Where did we miss this?"

Van Fleet then acknowledges that there was an original estimate of $700,000, which is higher than the $511,000. But amazingly, he was asked to lower his own estimate.

"We were asked to move forward with a very low ball estimate at $350,000."

Ken Kraft. "Who asked to go forward with a low ball estimate?"

Van Fleet: "We presented both."

Ken Kraft: "No. Who asked you to go forward with a low ball estimate because that estimate came to us, for us to approve this building when we decided to buy it, so who told you to do that?"

Van Fleet: "Both were presented and the lower one was decided to move forward."

Ken Kraft: "Presented to whom?"

Van Fleet: "We gave it back to, I didn't personally do it myself, but it was given back to the County."

Ken Kraft: "You know, we're responsible for spending people's money and to get the most for the money that we spend. You, being a qualified architect, I mean someone here should be responsible for it. Not us, for $200,000. Maybe the architect who didn't design. ... It's just an easy way to pass it off to somebody else. I'm a painter. I did an archives building for Lehigh University. I knew there were special suppression systems. I knew there was special HVAC. I'm just a painter, OK? You're an architect. 30 years."

Lamont McClure: "You originally submitted a bid that was in the neighborhood of $700,000?"

Van Fleet: "It was a estimate. Very preliminary."

McClure: "Which is ultimately what it ended up being after you went in there and started tearing things up, correct? About $700,000 now?"

Van Fleet: "No, it's - I believe the final bids are $511,000."

McClure:  "Right, but we need more money? Correct? Isn't that what we're talking about? What we're trying to get at here is how did this second bid come about? ... Did you realize that was never going to cover the cost of bidding out the archives building?"

Blogger's Note: There was no second bid. McClure is confused. An engineer presented the County with two cost estimates, and the lower one was presented to Council before any bids were sought. 

Van Fleet: "The second lower bid was very preliminary in nature and we through the design phase discovered that the actual cost was going to be more. We had a signed contract given to us in June. We requested in our bid to have four months of design period so we could get more cost estimates and so forth. We had one month. We actually staffed up and did our very best to get this thing done in one month. And we did. It went out to bids August 1."

DeSalva: "I think that a mistake was made. The estimate was wrong".

McClure: "So they made the mistake? The architect made the mistake? ... We're talking about the veracity of bids that are presented to us tied to projects that we approve. That's what I think Mr. Kraft was getting at, and that's what has me interested. The fact of the matter is they came in with a higher bid and someone asked them to whittle that down. Who asked them to whittle it down?"

Blogger's Note: McClure still seems to be confusing the low-ball estimate with the bids that were later received.

DeSalva: "I guess we wanted to get the lowest cost but still get what we needed."

McClure: "Who's we?"

DeSalva: "I would have said that. I would have said, 'Do what you gotta' do.' ... I think it would be a general theme. You don't want to pay for anything more than you need."

Kraft: "That's like saying you want to go to the lowest bidder for a heart transplant. I don't understand."

Bob Werner: "In November 2011 [when original cost estimate was prepared], you came up with a figure that was based on a guess, yes?"

Van Fleet: "Based on a guess."

Werner: "This is what has happened in the past, and I don't believe it should happen again. I think we have to be more diligent. Our due diligence here is negligible."

Scott Parsons knew what was going on. "Every time you put something out to bid, your bid is going to come in a lot higher. ... Very seldom do you see a bid come in lower than your estimate. You're low-balling the estimate to get us to do it. That's the mistake. Don't low-ball estimates. The project was probably going to be approved regardless of the amount."

John Stoffa: "It's not complicated. Borton Lawson [the engineer] made a mistake. They made a bad mistake."

Stoffa told Council that Barton Lawson is working gratis until the end of the project. He also got a little snippy with Ken Kraft when Kraft complained about payment to the engineer.

"I answered your question," interrupted Stoffa. "They will not get one cent more until this project is complete."

One question that was never answered, despite repeated requests, is the identity of the County official who wanted that low ball estimate. Whether it was just Archie D'Isidore or some collective is at this point unknown.

Borton Lawson may have made a "bad mistake," but so did Director of Court Services Archie D'Isidore. He clearly misled Council with a low-ball. That's deplorable from an administration whose legacy has been  its integrity.

D'Isidore, incidentally, is one of the County officials who recommended that Stoffa appoint an inexperienced Register of Wills over a 13-year veteran who was backed by the courts. He also recently conducted a two-year investigation into employees' email exchanges, and got two of them fired for gossiping via email and using naughty language. He even considered recommending himself for the Recorder of Deeds slot, so he'd be safe when Stoffa leaves office.

Who is looking at him?

Council, by a 8-1 vote with only Bruce Gilbert opposed, wants the Controller to find out what the hell is going on.

I think I know. There's a growing weakness in the Stoffa administration. He is not seeking re-election. He's lost strong cabinet members like John Conklin and Vic Mazziotti, with more on their way out and others looking. The attention to detail that existed even a year ago is no longer there.  I'd like to think that Stoffa's originals would have corrected D'Isidore when he mis-spoke in April.

Incidentally, only $1,053,000 was set aside for the archives building in the 2012 budget. I am unable to see any provision for the $600,000 shelving cost in either the 2012 or 2013 budget.. I might be wrong, bt the Exec never conducted a news conference concerning his looming 2013 Budget.

NorCo's Proposed 2013 Budget Depletes Reserve

Although Northampton County Executive John Stoffa released his proposed 2013 budget late last week, he failed to schedule a news conference to discuss details of his $327 million spending plan. Since he has pretty much wiped out what was once a healthy fund balance, I can understand why he's unwilling to undergo scrutiny. It's irresponsible.

He is dipping into the unreserved fund balance, to the tune of $15.8 million, to fund his spending plan. "All other budgetary fund balances are restricted to the purpose for which they are intended." (See page 12). If this is true, it means the County lacks the resources to deal with an emergency.

There goes the seed corn.

Gracedale Costing Less Than Projected

It's gonna' cost taxpayers $4.03 million this year. That's around $1.3 million less than had been budgeted. It's budgeted at $4.18 million in taxpayer contributions in 2013.

Who Has Better Gangnam Style, Romney or Obama?

A few weeks ago, I introduced you to Gangnam Style, the product of Korean artist Psy. He has since appeared and performed all over the place, from SNL to a MLB. There have also been numerous parodies, including equally insulting caricatures of both Barack Obama and Mitt Romney.

These don't help me decide who to support, but they're both funny.

Obama Style


Romney Style

Friday HS Football Picks

I'm jumping in this in the middle of the season, but better late than ever. Every Friday, I'll post a list of my high school football picks. I actually do follow HS football, and go to a few games every year. I find it more exciting, more unpredictable and a lot cheaper than the pros. So below are this weekend's picks. You can let me know where I'm wrong. If you're good at this, I'll be begging you for your predictions every Friday.

Pocono Mtn W over Allen; (17-6)

Bangor over Catty (going out on a limb here); (14-35)

E Stroudsburg S over Dieruff; (53-14)

Easton over Freedom; (35-21)

Nazareth over Parkland; (21-420

Emmaus over Northampton;  (35-14)

Pen Argyl over N. Lehigh; (41-28)

Saucon Valley over Salisbury; (38-7?)

Notre Dame over Southern Lehigh (in an upset);  (7-15)

Wilson over Palisdes;

Liberty over Central Catholic (upset);

Whitehall over Becahi.

Updated Friday night: Looks like I'm 6 for 9 so far. Not sure about the SV score.

ABC: State Dep't Denied Embassy Security Request in Libya

From ABC: A security support team (SST) of about 16 Special Forces troops asked the State Department to retain an airplane on hand so they could move more easily throughout the country as needed, especially with their weapons. That request was denied  in May, before the 9/11 attack that resulted in the murder of U.S. Ambassador.

This is reportedly just one of several requests for security that were denied prior to the attack.  

Politifact: Obama & Romney BOTH Inaccurate

According to Politifact, in Wednesday's Presidential debate, BOTH candidates made inaccurate statements. In the mainstream media, I've been reading mostly about Romney's "lies." But according to this unbiased source, they both have growing noses.

Werner "Chides" the Press

L to R: Scott Parsons, John Cusick & Bob Werner

Northampton County Council member Bob Werner "chided" the press at last night's Council meeting for failing to report the "good news" about Gracedale. The County nursing home opened a new wing recently, and Werner was surprised that nobody covered this step in the right direction.

That might be because it's not particularly newsworthy or even blogworthy. Aside from pictures of a few suits, what's the point?

What Werner fails to point out is that the notice of this event was emailed with just one day's notice. And yesterday, when John Stoffa unveiled his 2013 Budget, there was no notice at all.

In fact, there wasn't even a news conference, although The Express Times and Morning Call both have stories.

Lehigh County is much better at keeping all media outlets informed. In Northampton County, it's hit or miss.

Mostly miss.

Bob Werner apparently wants to see more positive coverage about Gracedale. That would be dandy. It might help increase the census. I appreciate Bob's motives, but the press is not an ad agency. It exists to inform. I get very uncomfortable when a politician starts dictating to the press about what they should and should not cover.

I also get very leery when some members of the press are included in important stories like the unveiling of a budget, while others are either forgotten or snubbed.

It's just another way to control the story.

By the way, one of  Gracedale's biggest handicaps is that federal privacy laws make it impossible to photograph residents without their express, written consent. I found that out the hard way when I recently covered Family Fest. So even if you want to spin a positive tale, it's hard to get pictures unless a staffer accompanies you and gets waivers from every person you photograph.

At some point, it stops being a story and becomes managed news.

Divided Council Keeps Nazareth Ambulance at Gracedale

Nazareth Ambulance's Mike Snyder

Northampton County could save $30,000 per year by switching ambulance companies for nonemergency medical transports. It's currently served by Nazareth Ambulance, but Lifestar could do it for less. What's more, it would keep three rigs in the driveway at all times. It would even add the Gracedale logo to its ambulances.

Two weeks ago, Nazareth paramedic Mike Snyder argued that, if the County awarded a new contract to Lifestar, it would be a "death blow to our ambulance corps." Because Nazareth paramedics actually know the Gracedale residents and even have family members among them, he successfully persuaded a unanimous Council to table a resolution that would have awarded the bid to Lifestar.

At tonight's Council meeting, Gracedale Administrator Millard "D" Freeman renewed his pitch to award a new and cheaper contract to Lifestar. "We're working very hard to save you a little bit of money with each contract," he noted, adding that Nazareth Ambulance would still get approximately 1,100 ("don't quote me") calls every year. He noted that there are just as many Lifestar employees living in Nazareth and they have family at the County nursing home, too. But what makes Lifestar even more attractive to Freeman is its ability to handle unlimited transports with its own staff, which would ease his manpower burden.

Council members Scott Parsons and Bob Werner met with Gracedale administrators over the past two weeks, and came away convinced that it's time for a change.

"It was an upfront deal." said Parsons. "This is a tough one, guys. You don't like to see Nazareth lose this thing. ... It comes down to dollars and cents."

But Council member Peg Ferraro urged her colleagues to "look at this from a human point of view and not a dollars and cents point of view." One of those colleagues Bruce Gilbert, worried that a switch would have an "an ill effect on the surrounding neighborhood."

In the end, six Council members - Bruce Gilbert, Ken Kraft, Lamont McClure, Barb Thierry, Tom Dietrich & Peg Ferraro - refused to award the contract to Lifestar. Immediately after that rejection, they adopted a resolution awarding the job to Nazareth.

One big difference between Nazareth and Lifestar, and something that administrators failed to consider in the bidding process, is that Nazareth, unlike Lifestar, is a public non-profit. It's not in it for the money.

Blogger's Note: I decided to cover this meeting via the livestream instead of in person. It was excellent quality.

The Battle of The Wonks

President Obama is downright inspirational when he delivers a fiery sermon before a huge, adoring crowd. But in a substantive debate against a surprisingly well-prepared Mitt Romney, he faltered just a wee bit in last night's presidential debate. In a gaffe-free battle of the wonks, I'd give Romney a slight edge, if only because he more than held his own against someone who's had the job the last four years. Unfortunately, with the exception of the discussion of Obamacare, most of their discussion was fairly esoteric.

When it came to Obamacare, Romney hit hard. He noted the differences between the federal law and his own plan, called Romneycare, which was adopted in Massachusetts when he was Governor. Instead of shoving it down people's throat, he noted that Romneycare is a product of both major parties. "Something this big, this important, has to be done on a bi-partisan basis," he said.

His plan does not raise taxes. It imposes no cuts to medicare. No unelected board will decide what treatment you ought to have. People who have insurance are in no risk of losing it.

Obama, somewhat disingenuously, insisted that a law opposed by every single Republican is somehow bi-partisan. He argued that Romneycare “leaves people uninsured” and in a position “to fend for themselves,” while his own tries to make the cost of care more effective.

It was a tad wonkish by my standards, especially for the first forty or so minutes. For that reason, a lot of people might have tuned out.

Romney's debate performance will certainly help his campaign, but there are two debates to go.I'm interested in what you think. When you do, please let me know if you support Obama, Romney or are undecided. I was leaning heavily towards Obama, but am less so now.

Best Smile: Obama.

Best Haircut: Obama

Most Presidential: Tie

Most Arrogant: Obama scolds moderator Jim Lehrer for interrupting him.

Most Whiny: Romney keeps complaining about the debate rules.

Funniest one-liner: Romney. When Obama complained that he was spending his 20th wedding anniversary in a debate, Romney wisecracked, "I'm sure it’s the most romantic place you can imagine, here with me."

Worst visual: Obama looks down too much when Romney is speaking. (Obama was probably writing notes to himself).

Best Argument: Romney, discussing soaring food and gas prices, claimed it has amounted to an "economy tax" under Obama.

"My Waste" App Now Available in Hanover Township

Incidentally, Republic Services will have a booth at Hanover's Fall Festival Saturday and will be raffling of an iPad to a Township resident. I think I'll move in for the day.
My Waste Available in Hanover Township

State Supremes Dismiss Otter Claim For Att'y Fees in Gracedale Saga

The Pennsylvania Supreme Court has refused to hear Doylestown lawyer Larry Otter's continuing attempt to grab attorney fees from Ron Angle and yours truly in the never-ending Gracedale saga. This follows a Commonwealth Court opinion that quashed his appeal.

This claim for attorney fees arises from the ashes of a lawsuit that Angle and I filed, challenging the Gracedale referendum. We claimed there were not enough valid signatures. We came close, but in the end, we lost.

Otter, who claims he's an election law expert worth $450 an hour, claimed that Angle and I acted in bad faith. He claimed our lawsuit was funded by taxpayer dollars paid to a law firm hired by the County to expedite Gracedale's sale.

Then he proceeded to try his case in the press. Here's just some of the publicity, some of which were lead stories:

3/14/11: Morning Call - "Did taxpayers fund Gracedale petition fight?"

3/16/11: WFMZ - "Attorney: Taxpayer Dollars Used To Challenge Gracedale Petition" (In this one, Otter was demanding a criminal investigation and had us all in jail).

4/20/11: Morning Call - "Did taxpayers help fund a private Gracedale lawsuit?"

4/28/11: Express Times - "Attorney claims Bernie O'Hare, Ron Angle illegally used taxpayer money for Gracedale ballot fight"

But cases are tried in courtrooms, not newspapers. When Otter had to argue in front of a judge, instead of Channel 69 reporter Bo Koldcrow, he lost repeatedly.

Judge Baratta concluded that, even if the County acted improperly, that has nothing to do with Angle or me. "[W]e found that such evidence is irrelevant to the issue before the Court related to proving vexatious, obdurate, dilatory or bad faith actions or motive on the part of the pro se litigants. We have already ruled that Mr. O'Hare and Mr. Angle raised legitimate and justiciable issues and further presented competent and compelling evidence challenging the legality of thousand signatures. In fact, Mr. O'Hare and Mr. Angle successfully established that thousands of signatures were invalid ... ."

Otter, who incidentally has no malpractice insurance, claimed that I had perjured myself. He never bothered to state how. He also accused Angle, County Executive John Stoffa and I of being dishonest with the Court. Once again, he was a little short on details.

In addition to calling me a thief, Otter also happens to be the attorney who filed a malicious prosecution accusing me of sexual assault, stalking, burglary (twice) and even attempted pig poisoning (twice).

That was played up in the press, too.

That case was dismissed the day after it was filed.

Now it's my turn.

VOR: Why Allentown Must Keep Its Water System

Because democracy is dead in Allentown, the privatization of Allentown's water and sewer systems is a done deal. Its urban growth regime has already decided the matter, and everything else is window dressing. Those who are opposed are naysayers or whatever.

One of these naysayers is a regular contributor to this blog. He goes by the moniker VOR, i.e. Voice of Reason. He posted a comment yesterday, and I have to share it with one and all, especially since many readers stay away from the comments.

As a basic human need, water service should be a responsibility of governments. Transfer of control to a private entity that seeks to maximize profits reduces public accountability and can adversely affect the quality and equity of service.

* Water privatization can negatively impact low-income and underserved communities by unfair rate increases and poor service to these communities.

* Water privatization may lead to lower quality service and higher rates. In cases where communities have tried to reclaim their water systems from private entities, poor water quality, unresponsiveness to customer complaints, and rate hikes have been the most frequent complaints.

* Private multinational companies don't have a stake in the community in which they operate. This can have negative effects on small communities when it results in firing city employees and hiring new staff or significantly cutting benefits to long-time employees.

* Many privatization agreements fail to include adequate public participation. In addition, many of these contracts do not include enough provisions for contract monitoring and accountability.

* Many privatization efforts ignore the impact on local ecosystems and downstream water users, and may have long-term negative effects on the environment.

* Private companies, which stand to make more money for the sale of more water, may neglect the potential for water use efficiency and conservation improvements.

Think Allentown, THINK!

The Romney I Never Knew

Let me tell you a bit about my flawed thinking. Before I can vote or support a candidate, I have to like him. His positions matter, too, but I first have to feel some kind of connection. And in the case of Mitt Romney, it hasn't been there. Aloof though he may be, I feel closer to Obama than some ascotted rich dude who just stepped off his corporate jet.

But do I have Romney wrong? According to BuzzFeed Politics, he's a much more likable person during "off the record" discussions.

With the cameras off and the journalists' notepads a safe distance from their pens, Romney candidly answered questions about his speech preparation, the impact his father's career had on him, and his Massachusetts gubernatorial record. He seemed, reporters said later, like a different person: funnier, more intellectually honest, comfortably dorky, and even prone to introspection.

Amazingly, this is the Romney being shielded from public view.

Maybe his handlers should rethink that position.

Judge Simpson Enjoins Voter ID Law

Judge Simpson, on remand from the State Supremes, has enjoined enforcement of the ID provisions for November's election. Poll workers can still ask voters for ID, but a voter without one can still vote.

You can read the ruling here. (courtesy of Capitol Ideas).

Politico: Simmons Playing Defense

According to Politico, State Rep. Justin Simmons is playing defense against challenger Kevin Deely. He's running two television ads, one of them negative, to counter the public sector union money flowing into Deely's coffers.

This entry, which includes allegations that Deely was tossed out of a 2009 conference over marijuana use, provoked this humorous comment:

This guy will fit right in with the other legislators in the Lehigh Valley! Picture this car pool home from Harrisburg.

The Stoner can drive. Mensch can ride shot gun and Boscola, Brown and Brennan can all sleep it off in the back seat. May take them a while to get home if Deely gets the munchies.

ABW's Fegley Critical of Allentown Water Deal

Although CACLV's Alan Jennings reluctantly supports the privatization of Allentown's water and sewer systems, Mayor Ed Pawlowski is beginning to experience opposition from inside the ranks of his other usual supporters. Last week, environmentalist Dan Poresky urged caution. Now it's Richard Fegley's turn.  He's the owner of the popular Brew Works, and has been long regarded as one of Pawlowski's biggest supporters. But not this time.

Here's what he posted as a comment. Since many of you steer clear of them, I decided to republish it here.

I'll do my best to make sure that Allentown's water system is not given away to a private entity. No matter how you look at water privatization the citizens will always lose. Private=Profit. I run a privately owned brewery. I run it to make a profit. The City and Citizens own the water system. Our water system makes BIG profits for the City and Citizens.

Umm. Mr. Mayor, if you would like to ask me AGAIN if you are "stupid and you don't know what you are doing", in this case I say, "YES" you are stupid and what you do know is that what you are trying to do is WRONG for the citizens of Allentown.

If I'm wrong, PROVE IT! The shit financial analysis that was presented to City Council and the citizens was filtered so Council and the citizens would be somehow convinced that privitization was OUR ONLY OPTION. PFM pointed out that "more white space on the graph was good"! WTF? Seriously. No explanation of what was good about it. Why was it good? WAKE UP PEOPLE! They are not lying but they are not showing us the whole picture.

This financial presentation was just like the trash and sludge incinerator presentation. When I asked Scott Shearer why City Council was only given the "safe and best case" incinerator projections they were given, he told ALL OF US that "this was what Mayor Pawlowski asked us to present to Council". No one really looked at the missing data and graphs that I provided.

I'M CALLING BULLISHIT! Just like I did in Council chambers last week at 11pm when, unfortunately, most people had left.

If the Mayor wants us to trust his financial decisions, WE the citizens need proper financial analysis of this proposed leased.

In the end, the City Administration will NEVER be able to show us how selling or leasing the water system is beneficial to the citizens of Allentown.

Also, I don't think I really want to sit on Council until I know that there are more people out there paying attention. Maybe I just don't feel like working with power-crazy Julio. (He is starting to scare me up there as president)

Finally, I'm glad Mr. O'Hare and Molovinsky provide these blogs. I just wish there were less anonymous "trolls", but that's the internet.

If anyone has anything to say, put your name behind your words. Otherwise, your words don't have REAL POWER with people.

I've been highly critical of Fegley, and am taking nothing back. But it's one thing for me to take potshots at Pawlowski from Nazareth. It's quite another to do that when you live in the City and are operating a small business there, as is Fegley.

Perhaps there's hope for Allentown after all.

Bethlehem Township To Grow Prisons in Farm District

Developer Abe Atiyeh

Like it or not, Bethlehem Township must provide for prison uses in its zoning ordinance. That's what a three-judge Commonwealth Court panel ruled in April, holding that the ordinance was unconstitutionally exclusionary. At their October 1 meeting, a sharply divided Board of Commissioners complied with that decision by approving a zoning ordinance amendment that will allow prison uses in the Township's agricultural district. These changes were supported by President Paul Weiss, Tom Nolan and Mike Hudak. But the Board's two newest members - Phil Barnard and Marty Zawarski - voted No.

These changes were unanimously recommended by the Planning Commission in August. But the Lehigh Valley Planning Commission (LVPC) cautioned against using land set aside for farmland preservation, and warned that some of this land abuts residential development. These regional planners recommended the establishment of an institutional zone, or an overlay in existing industrial zones.

Marty Zawarski pointed out that, under the proposed change, a prison could be built as close as 200' from someone's home. "Two hundred feet! That's the width of my lot," exclaimed Zawarski.

Phil Barnard is opposed to the idea completely. He stated that residents have been very negative about prisons inside the Township. "It's something that I have some concerns with," he stated.

But President Paul Weiss explained that this change is being forced on the Township by the Commonwealth Court. "We need to allow any use which is permitted across the Commonwealth," he said. He added that it would be nearly impossible to create a zone inside an industrial zone because there's simply no room. "We would end up with the same situation that the Court told us we need to remedy," he concluded.

Zoning Hearing Board Chair Steve Szy, speaking for himself, noted that the amendment imposes a 1500' buffer away from sensitive uses like schools. He asked Commissioners to include medical facilities as well. "We need to keep this away from those as far as we can," he argued.

But Special Solicitor Stan Margle, who drafted the ordinance under consideration, advised Commissioners that they will have the discretion to decide whether allowing a prison within 1500' of another "sensitive use" is "detrimental to the Township."

Manager Howard Kutzler stated that a prison use inside the agricultural district is a "realistic location" that would defeat a subsequent claim of exclusionary zoning. "We're trying to avoid that," he said.

After the vote, Kutzler stated he will work on changes to the ordinance to accommodate the concerns expressed by Szy and Zawarski. Weiss agreed with this approach, stating that the ordinance can be tweaked.

Abe Atiyeh, a Township resident as well as the developer who successfully challenged the ordinance as exclusionary, said nothing about the merits of the proposal, but asked to be considered a "party" to the ordinance. So did his Executive Vice President, Dave Harte.

Solicitor Margle stated there's a legal reason for this maneuver, but declined to state what it is.

In other business, Commissioners agreed to seek bids for signage at Housenick Memorial Park.

The Board of Commissioners are next scheduled to meet on Tuesday, October 15, 7 PM, at the Municipal Building, located at 4225 Easton Avenue.

I-78 Makes Reader's Digest List of America's 7 Worst Roads

From Reader's Digest: The Pennsylvania Turnpike, I-78 and I-80 in Pennsylvania - “Vehicles have gotten wider and bigger since these roads were built, and they’re still very narrow. They’ve also got a lot of hills and curves, and people are always crossing over into the other lane when they go around a curve. Plus, their on-ramps are very short, and there’s not enough time for people to get up to highway speed. So you end up with lots of people running into the back of slow-moving vehicles as they’re getting off a ramp … It seems like they’ve been under construction forever. We like to say they have two seasons in Pennsylvania: winter and construction.” - Trucker Frank Silio, Miami

Armstrong: Allentown's Frankenstein Monster

Scott Armstrong 

When I posted a Scott Armstrong essay is September, there were numerous complaints like this - "And here is the challenge to Bernie: Stop publish nonsense like this from Scott Armstrong if he cannot produce a commentary with some substance. Just refuse to publish it." So I will respond to this challenge by publishing another Scott Armstrong essay. His last epistle, by the way, generated 83 comments, good and bad.

This one's about Allentown, and I pretty much agree with him.

For years now Allentown’s Democratic voters have chosen party allegiance over common sense at the ballot box. In 2005 they promoted to mayor a key player in a failed administration and since, have repeatedly elected and re-elected proven incompetents to city council. Meanwhile, they voted out of office every Republican-- including by all accounts, Allentown’s best city council person in memory, Tom Burke--and failed to support well qualified and capable Allentownians for city positions just because of party affiliation. Their straight party voting has produced a city controlled by a party machine under the thumb of a Democratic mayor and his Democratic cohorts on council. Every city bureau, agency, commission, and board is also populated by Democratic team players; all stand ready to receive and act on orders from the top. For good measure, the local press and media dominated as well by Democrats, routinely reports favorably on all this. This is how Allentown works, or more precisely, doesn’t work for the greater good. The latest example of this is the mayor’s plan to sell the city’s water works to pay off poorly thought out public sector pension obligations. This plan is so bad a few current and former Democratic elected officials are aghast. In a desperate attempt to stop the sale they are sounding the alarm and expecting a result. The monster they had a hand in creating is running amuck, bent on the fiscal destruction of the city, and despite their plea, the public pays no heed. After all, why should the citizenry be aroused? Aren’t the good guys in charge? Weren’t all the threats to the city removed when the Republican Tom Burke was thrown out of office?

The old adage of “you reap what you sow” is coming home to roost. Allentown’s Democratic voters and Democratic civic leaders have all had a hand in creating the monster that is the Pawlowski Administration. Presently, the wiser ones, aroused, are shocked by the destruction it/he is leveling on the city. How unfortunate it is for them to comprehend that their campaign to vilify those who could have stopped the monster was all too successful. Their call to action now falls on deaf ears.

A Sunday Drive ... On a Bike

Remember the Sunday drive? This one was on the bike. Using Google's mapping feature for bikes, I was able to get a route from Nazareth to Grange Park in Upper Macungie that kept me off the main drags. My grandson had a football game there against South Parkland. If he was going to risk his life against the Trojans, I'd risk mine against Lehigh Valley motorists.

Google Maps managed to put me on both the Nor-Bath and Ironton Trails for part of the 51-mile round trip.

The most dangerous part of my trip was the frequent appearance of PSU students, who were collecting money for cancer or something. There was even a kid waiting outside my estate.

I unleashed the hounds.

I shot some video of different parts of the trip, ending it with one of Dat's touchdown passes.

We both survived.

Molony, McNeil Talk State Politics on Business Matters

I was a guest on WFMZ-TV 69's Business Matters last week to talk about Gracedale, Northampton County's nursing home. Former Exec Jerry Seyfried was kind enough to drive, and got us there just in time to see the state house debate for the seat being vacated by Joe Brennan.

Dave Molony, who ran for the seat two years ago, is a soft-spoken gentleman. He and his wife, Ming Ming, own and operate the Lehigh Valley Accupuncture Center.. They both have all kinds of credentials following their name like OM, DOM and Ph.D.

McNeil has one - IW. He's an iron worker, and looks as though he could still haul a steel beam on each shoulder. This former union agent, who was set to retire in July, looks very uncomfortable in a suit and tie. But like Molony, he's a gentleman, too.

So what happens when two gentlemen debate each other?

Not much.

Maybe I'm spoiled by Angle, but I'd call that an uninspired thirty minutes. McNeil seems to have just a little more fire in his belly, but everything seemed to be a little off, from the candidates to the questions.

State's Biggest Problem. - To McNeil, its jobs. To Molony, it's bloated government.

Governor Corbett's Job Performance. - Molony contends the Guv' was dealt a poor hand, making the budget "very difficult" for him. McNeil stated that he would try to work with the other side. "United we stand; divided we fall," he said.

Urban Development. - Molony stated that developing Allentown is a "good thing," and McNeil added, "We should never have left the City to begin with." Molony concluded by saying we have "amazing arts" in Allentown.

Had he said "amazing farts," I'd agree.

I was a little surprised that McNeil, who served two terms as a Whitehall Township Comm'r and was its Executive, would complain about anyone leaving Allentown.

Pension Reform. - McNeil at first stated, "I don't think we have to give up anything." He stated the solution was more jobs. But he later conceded that pensions should be calculated on a 40-hour week, with no overtime. Molony called defined benefit pensions an "antique" that does not exist in the private sector.

Declining Infrastructure. - Molony believes we should repair bridges and highways, but hold off on anything new until the economy improves. McNeil, however, believes we should start new projects, including high speed rail. Molony supports small hydroelectric projects.

Union Defense. - McNeil is unabashedly a voice for labor. "If the union's go, God forbid, everybody's going to be working for $4 and $5 an hour." Molony countered that he was a union member and has nothing against them.

Closing. - Molony stated we have to look ahead. McNeil, for the third or fourth time, said we need jobs. "We also need to get out of the Middle East somehow," added the iron worker, who jabbed China as well for some reason.

To his credit, Molony made no reference to Joe Brennan's legal troubles or the circumstances that led to McNeil's selection.

Blogger's Note: I was unable to find a web page for McNeil.

Gracedale Post Inadverdantly Deleted

On Friday, I posted a blog about a Gracedale debate on Business Matters. Tonight, while working on a post about a state house debate between Dave Molony and Dan McNeil, I accidentally deleted my Gracedale post. I have attempted to resurrect it, but it's in cyber space. If I can find it, I will re-publish.

Hanover Zoners Approve Two Flex Buildings

Standing room only at Hanover Tp ZHB

Before a standing-room only crowd of over 70 residents, Hanover Township's Zoning Hearing Board has paved the way for two "flex" buildings on the north side of Jaindl Boulevard, Following a September 27 hearing, zoners unanimously decided to grant dimensional variances for this $25 million project. They did so despite complaints about truck traffic and noise from members of a Traditions of America (TOA) residential community for older, active adults, located directly across the street.

Located on a 49-acre tract owned by David Jaindl, the property is currently under agreement of sale with Griffin Land, a Connecticut-based land development company that has recently expanded into the Lehigh Valley. It has properties both in Upper Macungie and Bethlehem Townships. According to owner David Jaindl, Griffin is "the most neighbor sensitive developer I could find for the property."

In fact, that afternoon, Griffin President Michael Gamzon met with TOA residents, who asked him to reconfigure his plans so that truck access to the site is from Rte 512 or Township Line Road, instead of Jaindl Boulevard. Gamzon told zoners he's postponing a scheduled Planning Commission presentation, scheduled for October, to see if the plans can be revised. He also vowed to meet with residents again.

Last month, Gamzon told Supervisors that each building would produce approximately 200 jobs. That figure could go up or down, depending on the tenants attracted. At his juncture, no tenant has been identified.

"Flex" buildings, as Gamzon explained, are structures that can serve multiple commercial purposes, from warehouses to light industrial to even office space. These are permitted uses in Hanover's planned industrial business district, where they've been proposed. Gamzon testified that he hoped to attract up to four tenants for each of the buildings, but that Griffin would remain the owner and manager at the site.

"We got money and we got votes, and we're going to use both." 

Though these are all permitted uses, a variance was necessary because Griffin was proposing to place all the doors and truck bays along just one side, the rear, of each building, away from TOA. Under Hanover's zoning ordinance, these can only be placed along 30% of each of the four sides of a building. This would allow for 76 doors and truck bays along a proposed 1050' x 260' building, and for 74 doors along the 1000' x 260' building. Griffin will use less door space - 65 (front building) and 61 (rear building) - than allowed under the zoning ordinance. But concentrating them on the rear side, away from the residents, would exceed the 30% maximum for door space along each side.

Project Engineer Kevin Horvath explained that it made sense to place all the bays and doors along one side. First, it takes advantage of the topography of the area, which drops 60' from the front to the rear of the property. Second, it discourages use as a trucking terminal, where double-sided loading (front and rear) are the norm. Third, and most importantly, it provides a buffer for TOA residents across the street.

Because of the downward slope of the property, Horvath told zoners that the visual impact of the site will be minimal. From the TOA development, Horvath stated that only the tops of these 38-40' buildings will be visible. Standing on Jaindl Boulevard, you'll see the top 10-15'.

David Jaindl calls project smart growth

Some TOA neighbors are opposed to any commercial development in their neighborhood. Anthony Scaramuzzino complained that after he moved here from NYC, "You put a residential neighborhood in the middle of what you could call Times Square. He later added, "We got money and we got votes and we're going to use both."

He also sounded off on the truck traffic that already exists along Jaindl Boulevard, comparing it to Route 78. "We can't leave a window open at night," he grumbled.

Matthew Ford moved in from New Jersey, which he called the Concrete State. "I don't want to see a warehouse or a trucking facility," he flatly stated.

Mary Jane Landrieu echoed those concerns, denouncing the increased truck traffic. "You're asking for a disaster to happen," she warned.

Other TOA residents seemed satisfied by the presentation.

Nick Tibberts asked, "Why do you even need a variance for this cosmetic change? It seems to me to be a waste of time." Joyce Camm added, "I love where I live. The main concern is the entrance way." Like Camm, Rosemary Douglas stated, "I love it here. It is the best decision of my life."

While zoners deliberated, David Jaindl explained why he planned for a residential community next to a planned industrial business district. "It's smart growth," he explained. "Live here, work here, shop here."

Now that Griffin Land has the variances, the next step in this process will be the Planning Commission. Gamzon predicted that plans will probably be ready in time for a meeting in November.

Griffin is represented by Attorney Greg Davis of Saul Ewing.

Planner Vincent Horvath must have been proud to see his son, Kevin, testify as an expert witness. But he had to recuse himself and was replaced by alternate Joseph Bednarik.

Geeting: Bethlehem Zoners Holding Up Recovery

That's right, folks. According to NYC blogger Jonathan Geeting, that damned, infernal Bethlehem Zoning hearing Board is responsible for holding up the recovery. I knew it! Now I know why Federal Reserve Chair Ben Bernanke started attending their meetings.

Of course, Geeting is nutz. I've seen these guys take it on the chin for lots of things, but this is a first.

I'm pretty sure they're responsible for climate change, too. Chairman Gus Loupos has been spotted in a wizard's robe, uttering the incantations for another Halloween snow storm.

Volunteer at Housenick Park This Sunday

Fall Celebration at Housenick Park

Bethlehem Zoners Nix 46-Unit South Side Development

HDC's Bruce Weinstger (L) and Ian Rawhauser (R)

Last October, a unanimous ruling by Bethlehem's Zoning Hearing Board paved the way to save St. Stanislaus Church, located at 419-429 Hayes Street. Instead of daily Mass, this historic church would become the hub for 36 affordable apartments, targeted at artists earning 60% of the Lehigh Valley's median income. But an attempt to expand that development by 10 units failed, just as unanimously, during a September 26 hearing

This project is the brainchild of MidAtlantic Housing Development Corporation (HDC), a Pennsylvania nonprofit that specializes in affordable housing, as well as the adaptive reuse of downtown properties. It also provides 24/7 onsite professional management and maintenance.

HDC asked zoners to sign off on an additional 10 units, located at 420-424 Atlantic Street as well as along East 5th Street. Forty-eight parking spaces would be available for the forty-six units proposed. Project manager Ian Rawhauser added that it would be aimed at people earning 60% of the Lehigh Valley's median income.

The one major drawback to this addition, however, is parking. "What makes you think that someone is going to park on Atlantic Street and walk up to Hayes Street?" asked Justina Keller, who has lived in that area for thirty-five years. She also had objections to low or moderate income tenants, calling them people who "throw garbage in the street and yell obscenities at us." She complained that her neighborhood is already in a "downward spiral," and that "camping that many people into that area will be a detriment."

Engineer Bruce Weinstager sees possible encroachment. 

HDC was proposing 1,200 sq. ft. dwelling units instead of the 2,500 sq. ft. required by the Zoning Ordinance.

While zoners were deliberating, Keller expounded. "I love the South Side. I don't like the disrespect that people show when they think they're entitled to something."

Keller's concerns were echoed by Jason Blake, another E. 5th Street resident. He complained that "parking is already beyond the saturation point," and that the proposed population density is simply too high.

According to both Keller and Blake, the area east of East 5th and Atlantic Street is saturated with drug activity, too. "You can see them standing on the corners," remarked Blake out of the earshot of zoners.

As if parking and population density were not enough, Manuel Pena added that sewers in that area are already at full capacity.

The final straw came from a soft-spoken Marcel Rodriguez, who quietly pointed out that the proposed parking lot appears to encroach on his property,

HDC had hoped to start construction on its proposed development next year. It is unclear whether it will still proceed with the 36-unit approval it obtained last year.

In other business, zoners gave Joseph D'Ambrosio a green light fr a three-story dwelling at 217 E 5th Street, where only 2 1/2 stories are allowed. Representing D'Ambrosio, Attorney Jeremy Clark argued that it was a "de mimimis variance" in which the public interest is served without rigid compliance. Architect John Lee testified that granting the application would make the property more "aesthetically appealing" and would only add 78 square feet.

Finally, zoners granted a dimensional variance to National Magnetics Group for an addition at 1210 Win Drive. SEO Paul Overbeck explained that the addition would be 12' away from an adjoining property instead of the 15' required under the newly enacted zoning ordinance. He told zoners that his proposed addition would follow the same line as two previous additions they had approved.

The Zoning hearing Board's next regularly scheduled meeting will take place on Wednesday, October 24, 7 PM, at Bethlehem's Town Hall.

There Go Our Parks

According to Philadelphia Daily News columnist Ronnie Polaneczky, that little league field you like so much might soon be a condo. A center city playground could soon be a playground. Here's why.

House Bill 2224 would allow political leaders to get rid of certain types of public parks any time they felt it was for the best - and "best" could mean whatever they wanted it to mean.

So they could sell off a park if, say, their borough needed cash to pay for a new firehouse. Or if a favorite developer needed a lucrative site to build townhouses. Or if they thought a strip mall would make better use of the land than a baseball diamond would.

This bill has already been passed, unanimously, in the State House. The Senate is expected to vote on it imminently.

Whatever you do, don't tell Allentown Mayor Ed Pawlowski, or he's be auctioning off Harry Trexler's statue quicker than you can drink a glass of Allentown water.

Blogger's Note: My thanks to Ron Beitler, for making me aware of this story. Beitler, incidentally, was just shot down as a member of Lower Macungie's Parks and Recreation Board. He apparently reads too much.

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? 

Hanover Township Returns $30,000 in NIZ Suit Money

Manager Jay Finnigan

It was a showdown between Allentown and many of its surrounding municipalities. In an effort to revitalize the Queen City with a hockey arena, office buildings and a luxury hotel, a special tax district was created. In a 130-acre Neighborhood Improvement Zone (NIZ), developers could pay for these projects, in part, by diverting the local taxes of out-of towners who worked there. This would deplete municipal coffers.

What's good for Allentown is good for the Lehigh Valley, argued Allentown Mayor Ed Pawlowski, calling the NIZ a "rising tide" that would lift all boats. A host of townships and boroughs responded with lawsuits.

At the spearhead of this litigation were two Northampton County municipalities, Hanover and Bethlehem Townships, represented by the Bethlehem law firm of Broughal and DeVito. Eventually, eight other municipalities joined this suit and contributed to the legal expenses. Nine other municipalities paid their own way or filed separate suits.

In the end, City and state officials blinked. The NIZ law was amended on June 30 to prevent any diversion of local taxes.

How much money was collected from these townships for the litigation? How much was actually spent? Those questions were answered by Hanover Township Manager Jay Finnigan at the conclusion of a Supervisors' meeting on September 25.

Hanover Township collected $70,000 from intervening municipalities. Hanover, Bethlehem, Lower Saucon and Lehigh Townships each kicked in $10,000, as did the Whitehall Coplay School District. Plainfield Township, Hellertown and Bangor ponied up with $5,000 each. There were also $2,500 contributions from East Allen Township and Walnutport.

Between April and September, the Broughal law firm was paid $39,806.58. The remaining money, a little over $30,000 has been returned in proportion to the contributions made.

Hanover, Bethlehem, Lower Saucon and Lehigh Townships, as well as Whitehall Coplay School District, have each received checks for $4,313.35. Plainfield Township, Hellertown and Bangor have been paid $2,156.67. East Allen Township and Walnutport have received #1,078.34.

It is unclear how much Allentown, the NIZ Authority and state officials spent in this legal dispute.

Jennings: Allentown Must Sell Its Water & Sewer Systems

At a Town Hall lecture last night, I asked CACLV Executive Director Alan Jennings whether he supported Allentown Mayor Ed Pawlowski's privatization of the City's water and sewer. In his speech, he had mentioned a poll in which most Americans believe that government should work on behalf of those "who want to drink clean water."

But not in Allentown. Jennings is perfectly willing to privatize one of the Queen City's most precious assets - its water. Reason? "Allentown's solvency is the #1 priority," he explains, calling the privatization issue a "Faustian choice."

Jennings suggested that the rest of Lehigh County should ensure that the Lehigh County Authority has the means to make the purchase. He then went on to complain that the Lehigh Valley has 41 water and waste water systems in two counties, when only a handful are needed.