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Nazareth, Pa., United States

Tuesday, November 13, 2012

Mezzacappa Claims Otter Promised to "Thow" RTK Appeal

Tricia Mezzacappa, the very same person who's accused me of kicking and poisoning her pet pig, is now making even more bizarre claims. In a pleading in Northampton County Court, she complains that the state Office of Open Records failed to "throw" an appeal in her favor. Of course, the Otter is involved.

Last time I checked, case-fixing is a crime. But Mezzacappa, in court pleadings, is fine with it so long as it's in her favor.

Here's how it went down, according to Mezzacappa. Larry Otter called her on the morning of April 4 to tell her that the Office of Open Records (OOR) would "very likely throw" a pending case in her favor. This is because he had a little chat (wink, wink) with a powerful state House member whose office just happens to oversee the OOR's budget. So that very afternoon, when an attorney with the state agency asked her for an extension to respond to her appeal, she magnanimously agreed.

But it didn't turn out that way. When the OOR came down with its decision, it denied her appeal.

I've asked this powerful House member, who I decline to identify, whether there is any truth to Mezzacappa's accusation. He didn't know what the Hell I am talking about, and has never even heard of Mezzacappa.

I've asked the state Office of Open Records whether they have any knowledge of this case-fixing scheme. I have not heard back from them and doubt I will. I'll bet they'd make me fill out a RTK request. They're funny that way.

Finally, I asked Larry Otter to fill me in on the case-fixing, and received a reply as bizarre as the allegations:
"Dear Mr. O'Hare

"I think you will find that the allegations are unfounded. Any conversation I may or may not have had with the [redacted] dealt with more interesting matters which are beyond your comprehension and are none of your business. I would also appreciate you keeping away from my Harrisburg clients.

"SINCE YOU ARE DISBARRED, I guess you are not an attorney of record in this RTK matter. As usual, you seem to take a perverse interest in all affairs Mezzacappa after she dumped you. I need not go into those sordid details here

"I also suppose you are still smarting from the Gracedale referendum and Mr. Angle's defeat at the polls last year. YOU ARE AT YOUR USUAL TROUBLE MAKING BEST WITH THIS UNFOUNDED CHARGE.

"By the way, are you afraid you might be on the receving [sic] end of a subpoena in a new matter? Questioning you under oath will be an adventure with the paper and blog trail of lies you leave behind.

"In the meantime, please go directly to HELL where you belong you creepy loser."

LAWRENCE M. OTTER
ATTORNEY AT LAW
I have one word for Larry Otter - valium. I have two words for Tricia Mezzacappa - Fifth Amendment. She's either outright lying or implicating herself, along with Otter, in an aborted case-fixing scheme that apparently back-fired.

Source: West Easton v. Mezzacappa, 2012-C-7973, Answer of Tricia Mezzacappa, Paragraph 21, filed 9/17/12.

Friday, November 09, 2012

The Guy I Cut Off in the Voting Line

A local nurse, who also maintains a blog to hone her writing skills, tells this heartwarming story from election night.
The day of voting, I went after a long day in class/work/orientation. I stood in line like many across the country did that day, and in front of me was an elderly gentleman. I noticed this man was on supplemental oxygen and was alone. He managed to either drive or get dropped off, but regardless made the effort to participate in the election. He then walked all the way into the polling center, and waited in line like the rest of us. What I was pleased to see was that other people in line (this was all happening ahead of me- the gentleman had gotten there before me), but the other people in line in front of him, all let him go before them. They also went and got a chair for him to sit in not only while he waited but during the process of actually casting his vote. Other people helped him carry his oxygen machine. The poll director helped him back down the stairs and to his car.
I'm pretty sure this is the guy I beat to the line by kicking his oxygen tank.

Simmons Lehigh County Lead Shrinks to One Vote!

See the post below for details.

Simmons Clinging to Razor Thin, 25-Vote Lead, in Lehigh County

Justin Simmons
State Rep. Justin Simmons represents the 131st legislative, a hodge podge of  blue and red precincts. It includes much of both Allentown's south side and Salisbury Township, areas dominated by blue collar Democrats. But it also includes J.B. Reilly country in the Saucons, dominated by blue bloods as opposed to blue collars. So no matter who sits on the 131st throne, it's best not to get too comfortable.

Two years ago, Simmons came out of nowhere to knock off Karen Beyer in a hotly contested Republican primary. I thought Simmons was morally wounded after that dogfight, but he went on to win the general election against Michael Horton, a weak candidate whose residence there was questionable.

Kevin Deely
In office, Simmons has led by example. He refuses to take a state car, per diems or participate in a pension. He's the state rep who quietly got the ball rolling on the NIZ settlement, in which Allentown and surrounding municipalities were at war over a tax grab to fund a hockey arena and office buildings in the downtown. He even managed to get some legislation passed.

Easton High School match teacher Kevin Deely, in contrast to Simmons, is pretty much a one-issue candidate. At a Business Matters debate a few weeks before the election, it was painfully apparent that, aside from education issues, Deely has no real knowledge or understanding of state issues. You'd think that Simmons would cruise to re-election on autopilot, but something happened.

Barack Obama.

Two years ago, there was no Presidential election driving large numbers of Democrats to the polls. But this time, the lever pullers came out in force. And all of a sudden, there's a horse race.

After being down most of the night, Simmons emerged in the early morning hours with a 562-vote lead. But that's unofficial.

The official vote count began in Lehigh County yesterday. Without the absentee ballots, Simmons would have lost.

Machine Numbers:

Justin Simmons          Rep   12273
Kevin T. Deely Jr.     Dem   12512

Absentee Numbers:

Justin Simmons          Rep   678
Kevin T. Deely Jr.     Dem   414

Total Machine and Absentee:

Justin Simmons          Rep   12951
Kevin T. Deely Jr.     Dem   12926

As you can see, he is up by a scant 25 votes in Lehigh County.

In Northampton County, the official count begins today. It will likely continue for several days because there are over 500 provisional ballots county-wide. Simmons is up by 430 votes in Northampton County, so I think it's highly unlikely that Deely will snatch victory from the jaws of defeat.

But you never know. Both candidates will be sending lawyers, guns and money to the festivities.

Elections officials in both counties will be unable to conclude the official count until November 13. That's when absentee ballots are due from the military and emergency first responders.

Updated 10:25 AM: I originally called this a "razor sharp" lead. A reader corrected my error, and I have changed my headline to "razor thin." .

Updated 12:15 PM: Simmons Lead In Lehigh County Down to One Vote! - Don't think one vote makes a difference? Think again. After going through the provisional ballots, Simmons' lead in Lehigh County has shrunk to just one vote. His firewall is Northampton County, where he is still up by 430 votes. Provisional ballots are being examined there now, but officials are not expected to hit his district until Wednesday.

Will the 47% Ruin Our Democracy?

Mitt Romney's 47% remark, concerning segments of the American population who would never vote for him because they believe they are victims and are dependent on the government, caused an uproar. It probably didn't help that he made that remark to a room full of gazillionaires. But doesn't he have a point? Have we become a nation of  what Ron Angle calls the "gimmes," people who want something for nothing?

On Wednesday, one of my readers offered some interesting observations, attributed to Scottish lawyer and historian Alexander Fraser Tytler. Though the quotation itself might be inaccurate, this unusual condemnation of democracy is troubling. Not because it's wrong, but because it might be right.

"A democracy is always temporary in nature; it simply cannot exist as a permanent form of government. A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury. From that moment on, the majority always votes for the candidates who promise the most benefits from the public treasury, with the result that every democracy will finally collapse due to loose fiscal policy, which is always followed by a dictatorship. The average age of the world's greatest civilizations from the beginning of history has been about 200 years. During those 200 years, these nations always progressed through the following sequence:

From bondage to spiritual faith;
From spiritual faith to great courage;
From courage to liberty;
From liberty to abundance;
From abundance to selfishness;
From selfishness to complacency;
From complacency to apathy;
From apathy to dependence;
From dependence back into bondage."

Thursday, November 08, 2012

Wayne's World: LC GOP Chair on Tuesday Election

Lehigh County GOP Chair Wayne Woodman has penned a rather thoughtful missive to fellow Republicans, in the aftermath of Tuesday's largely Democratic victory on Tuesday:

"It is stating the obvious that Tuesday’s national and statewide election results were very disappointing. As a nation we spent several billion dollars and many
millions of hours of our time to essentially wind up where we started. While we had a status quo election it does not mean we must accept the status quo. The problems we face—runaway government spending, massive deficits and borrowing to finance them, an ideological divide which strains our ability to work together, a tax code in desperate need of reform and the continuing centralization of the country at the expense of states –remain and must be addressed. We must hope that President Obama will shoulder the mantle of leadership and do the hard work of incorporating our concerns into his policy proposals so that the work of resolving the many problems we face can proceed. Our Republican leaders must do the same and do it without sacrificing our principled message that it is high time for government to be restructured and reformed.

"Governor Romney and Congressman Ryan ran as good a campaign as I have seen in some time. Despite the outcome, I am proud to have been a part of their effort and have no regrets. I am very pleased we will have Paul Ryan back in the house as our leading expert on the budget. I am certain his leadership will continue to solidly represent our principles, his policy proposals will be grounded in his deep understanding of the budget’s structure and his nature will cause people of differing points of view to come together in support.

"The Lehigh County Republican Committee has much to be proud of and as their Chair I must acknowledge that none of our effectiveness could have been realized without you and your dedication to our cause. We were very successful in reelecting all of our state house members and sending Charlie Dent back to Congress for a fifth term. While we lost the Presidential in Lehigh, our margin over 2008 improved dramatically from 25000 to 10000 votes. Our ground game was effective. In the townships and suburbs we had very high turnout in some cases over 85% thanks to all of you who stood the polls, acted as strikers and as poll watchers.

"We are up against substantial demographic shifts. The city of Allentown, particularly the center city polls, are stark examples of this with many going 90/10 against us. It is my commitment to begin to learn from those residents why they will not consider us. We are failing not just ourselves but those voters as well by not giving them a choice. I don’t think the answers here are simple and I think we need to be deliberate in how we go about finding solutions.

"In that regard though, I think we need to make a concerted effort to reconnect and establish real ongoing relationships within this community so that we are known not just as Republicans but as neighbors who understand the concerns and values of center city residents. We must find a way to translate our values and principles into an attractive proposition worthy of their vote. Any of you interested in helping this effort should contact Bob Toth or me.

"I would like to congratulate President Obama and wish him well in his 2nd term. I pray that he rises to the task of resolving the very difficult problems we face. I also want to acknowledge the Democrat Party’s ground operation and urge all of us to take note of their ongoing tactics to get their vote out.

"Finally, I would like to urge all of our Republican elected officials to do all they can to propose policies and support legislation that is both consistent with our principles and values while at the same time capable of gaining enough support to become law and cure the failing state of our governments at all levels. I pray that they will.

"Thanks again to all of you for your dedication, time and money for our cause. God bless you and God bless the United States of America."

Any Suggestions For the Next Zombie Apocalypse?

Hurricane Sandy is the biggest storm I've ever endured here in the Lehigh Valley. It follows last year's Halloween snow storm, another bad one. Maybe those damn Mayans were right. But power has finally been restored to nearly all of us. Most of the zombies have been eliminated, although a few of them are still commenting on this blog. Life has returned to normal, more or less. But being an asshole, I still have a question. Could we do better the next time?

Don't get me wrong. Local government officials displayed remarkable dedication during a very serious storm. Whether volunteer firefighters, Mayors, County Executives, public works employees, National Guardsmen or emergency management professionals like Bob Mateff, we owe them our gratitude. They saved lives. Not one zombie fatality. But is there anything we can we do to minimize that even more?

One nice thing about a blog is that its interactivity makes it easy to sound off with suggestions or corrections. So if you were the King or Queen of the Lehigh Valley, what would you suggest?

Here's my ideas.

1) Warming stations. - Increase the number of warming and charging stations, trying to use government buildings when feasible. Last Friday, although the Northampton County Courthouse had power, it remained closed. Most of the homes surrounding it had no power or heat. It is the people's building, although there are obvious security concerns. With planning, part of the building could serve as a warming and charging station. It might even be possible to serve some hot food from the cafeteria

2) Undergrounding. - Local government officials, in concert with developers, engineers and the Lehigh Valley Planning Commission, should sit down with PPL and Met Ed and arrive at a plan that will gradually replace overhead power lines with under ground infrastructure. Because of the cost involved, this should be done in a long-range plan.

Current Pennsylvania law requires any new residential development, consisting of five or more contiguous lots, to install underground electrical service and distribution lines. This law should be expanded so that it applies to commercial, industrial and institutional development as well, and should apply to any new residential development, regardless of the number of homes involved. Exceptions to this requirement, based on physical impossibility or undue hardship, could only be granted by the state PUC, and only with the assent of the municipality affected.

In addition to reducing power outages, this would save the municipal expense of trimming trees.

3) The CCC. - A volunteer Civilian Conservation Corps should be established in each municipality. In the event of a power outage, emergency management officials can alert them to go door to door with announcements concerning warming and emergency shelters, and other important information. In addition, they would be charged with the responsibility of checking on elderly community residents.

And watching out for zombies.

Wednesday, November 07, 2012

Simmons Wins By 562 Votes!

Just received word that State Rep. Justin Simmons has survived Kevin Deely's challenge. 562 votes. Deely, a school teacher, was clearly out of his element, as demonstrated by a debate between the two a few weeks ago. But thanks to PSEA money and Allentown voters, he very nearly pulled off an upset. The Morning Call appears to have it wrong.

Lehigh County's vote tally shows Simmons up by 132 votes, in contrast to earlier reports.  Northampton County shows Simmons ahead by 430 votes.

Obama Ahead in Popular Vote, Too

It's hardly a mandate. Neither President Barack Obama nor challenger Mitt Romney were particularly appealing candidates. But it appears that, in addition to gaining enough electoral votes to win, Obama has squeaked by in the popular vote, too. According to the latest from HuffPo, he is ahead of Romney by about 13,000 votes nationwide.

I admire both men, who were much more classy than their supporters. Both were able to rise above the political rhetoric, if only for a moment, to congratulate each other on spirited campaigns.

Whether the rest of us can do this remains to be seen.

We tend to forget that, no matter what political label we wear, we are all Americans. We need to listen to each other more and shout at each other less.

“The strategy of obstruction, gridlock and delay was soundly rejected by the American people. Now they are looking to us for solutions.”

Those are the words of Senate Majority leader Harry Reid, who just happens to be a Mormon.

Simmons In Trouble

With only one precinct in Upper Saucon left, State Rep. Justin Simmons is down over 400 votes in his race against schoolteacher Kevin Deely. To me, this is the biggest surprise.

Kane First Ever Woman and Democrat Elected as AG

Kathleen Kane is the state's first ever Democrat elected as Attorney General, as well as the first woman to hold the office. Because she is a Democrat, I believe she will provide a good check on government excesses from the Corbett administration. Tom Corbett provided a similar check when he served as Attorney General.

Tuesday, November 06, 2012

How's The Turnout? Who Are Your Picks?

The lower the turnout, the more likely it is that Obama's bid for re-election will fail. So what is the turnout like in your polling district? Fill us all in. List where you voted, whether there was a wait and if you encountered any problems.

If you want to make any last-minute pitches for the candidate of your choice, now's your chance.

I'll report on my own experience after I vote. I plan on voting for Romney, Smith (U.S. Senate), Cartwright (U.S. Congress), Kane (Att'y General), McCord (Pa. Treasurer), Summers (Auditor General) and Capozzolo (state house). That's two Republicans, four Democrats and one Libertarian.

I explained my Romney vote yesterday. Since Casey seems to have fallen off the Planet Earth, I'll vote for Smith. Cartwright brings passion and a real concern for the environment to Congress. Kane will be an excellent check on a Republican state government. McCord has performed well as state treasurer. I'm going with the Libertarian in the Auditor General race because the two mainstream party candidates are simultaneously running fr their state house seats. Joe Emrick has never responded to a single email, while Joe Capozzolo is always accessible.

Updated 10:55 AM: Early turnout appears to be strong in the LV. This likely bodes well for Obama.

Updated 11:53 AM: "Turn out is below average in Allentown way above in the burbs."

Updated 1:31 PM: "According to election judges in south side [Allentown] it's not 08 turn out. Burbs Upper Saucon 3 1 hour 20 min wait to vote."

Updated 1:35 PM: Spotted at Butztown Post Office. Does Obama looks good in a mustache?  Of course this is nonsense from the Larouche crowd, and will likely give Obama a few votes.

Updated 2:10 PM: I am voter #429 at my precinct in Nazareth. No waiting. Elections officials there tell me turn out is heavy, but not at the level it was four years ago.

Updated 4:15 PM: Mike Fleck called to say that, as of 2 PM, turnoput was at 50% its level in 2008. If this holds, turnout will be at the same level it was in 2008, or very close. A friend trying to vote in Forks around 2 PM had to leave, as cars were lined up on Sullivan Trail.

Updated 4:40 PM: Voting in West Easton is expected to be at the 2008 level.

Updated 5:35 PM: In a mock election at Bethlehem's Middle School, students in every grade voted for ... Obama.

Updated 7:50 PM: Poor Abigael is crying because she's tired of Barack Obama and Mitt Romney. Ten more minutes, Abi!


Updated 7:51 PM: Two Hour Wait at Forks Lutheran Church! - Although other polling places in Forks have no wait, everything seems to be bunched up at the Lutheran Church, where voters in line are being told, now, that they will have to wait two hours before being able to cast their ballot. I reported on this precinct at 4 PM, and it appears that County officials have been slow to respond to a problem location.

Updated 9:15 PM: At 8 PM, there was a 1.5 hour wait at a Upper Macungie precinct.

Updated 9:30 PM: Early Lehigh County (11 precincts) results Give President Obama and Senator Casey commanding leads. Even Congressional Challenger Rick Daugherty has 58% of the vote.

Updated 9:40 PM: Fox projecting Pa. for Obama and Casey, and shows a close Congressional race between Charlie Dent and Rick Daugherty.

Updated 9:45 PM: Lehigh County has results for 41 precincts, while Northampton County has none.

Updated 10:00 PM: Some Northampton County results are on their web page. Most of the results are coming in from Bethlehem and Easton.

Updated 10:30 PM: Charlie Dent appears to be pulling ahead of Daugherty. Justin Simmons, Marcia Hahn, Dave Molony and Joe Emrick appear to be on their way to victory.

Megatron For President??

I, for one, welcome our new transforming robot overlords. - Imgur

Atiyeh Appeals Hospital Decision, Claims Plan Approved

Att'y Blake Marles
Last month, Northampton County Judge Edward Smith ruled that Bethlehem's Planning Commission exceeded its authority in denying developer Abe Atiyeh's plans for a psychiatric hospital at the southeast corner of Center Street and Dewberry Avenue. But instead of reversing, he sent the matter to the Zoning Hearing Board to determine whether a hospital use is permitted at that site.

Atiyeh has responded to this ruling with an appeal to Commonwealth Court, filed by Attorney Blake Marles on November 5. In addition, Marles has asked Judge Smith to reconsider, arguing that the only matter before him is whether the Planning Commission had a basis to deny the submitted plans. He also points out that, since this matter was never in front of the Zoning Hearing Board, there is no basis for a remand. In fact, Marles insists that since there was no legitimate basis for the denial of his plan, it should be deemed approved.

After his bid for luxury apartments at that 5-acre site failed, Atiyeh proposed a 4-story, 125-bed, inpatient detox center and psychiatric center. The site in question is located in an institutional district, where a psychiatric hospital is a permitted use.

Bethlehem Township To Tweak Prison Ordinance

Marty Zawarski
Last month, Bethlehem Township's Board of Commissioners changed their zoning ordinance to provide for prisons in the agricultural district. They had little choice. The state's Commonwealth Court had ruled that the Township must provide for prisons somewhere. But Commissioners Marty Zawarski and Phil Bernard, the Board's newest members, still dissented. They were concerned that a prison could still be built as close as 200' from someone's home. They may have lost that battle, but Township Manager Howard Kutzler and the veteran Commissioners listened. At the November 5 meeting, Kutzler unveiled a proposal that will keep potential prisons at least 1500' away from any homes.

Changes last month already require a 1500' buffer between prisons and sensitive uses like schools. Kutzler suggested that residences could simply be included in this 1500' buffer zone, and land would still be available for a prison.

The area in question is on the north side of Route 22, bordered by Hecktown Road on the West, Farmersville Road on the East, and Lower Nazareth Township on the North.

Solicitor Jim Broughal advised Commissioners that this change would comply with the Commonwealth Court's directive. "The law does not require that the entire Township be made available for prisons," he counseled, noting that the land is available, open and has all the necessary utilities.

Commissioners unanimously agreed to authorize Broughal to prepare and advertise an ordinance making this change.

In other business, Commissioners unanimously agreed to revisions in the Township's recycling ordinance, adding corrugated paper to the products being recycled.

Commissioners will meet again on Monday, November 19, 7 PM, at the Municipal Building, 4225 Easton Avenue.

Blood Drive Raises Leukemia Awareness

Bottom row, L to R: Valacious Rose, Victoria Rose, Kianily Rose
Top Row: Jessenia Velez
Face-painting skills on display at blood drive
Despite Hurricane Sandy, which forced a change of venue at the last minute, a blood drive in memory of Tanya Rosado was conducted on November 4 at Sacred heart Church in Bethlehem Township. During a seven-month battle with AML Acute Myelogenous Leukemia two years ago, Tanya received numerous blood transfusions. She is survived by her husband, David Rosado, and daughter Jayden, age 8.

Tonya's mother, Judy Negrete, organized a blood drive with Miller Keystone Blood Bank "to give back what was given to her that allowed my daughter to survive some of the toughest situations during her journey."

Next year, Judy is planning a 5k in her daughter's memory, to raise awareness of leukemia.
Tracey Johnson, Christine Darrah and Xizavier Griffin wait their turn in the crisp air. 

Monday, November 05, 2012

Is Swaption King Glenn Reibman Making A Comeback?

Back in 2004, then County Executive Glenn Reibman proposed a deal under which, in exchange for a quick $1.9 million, County Council would gamble that interest rates on fixed bonds would remain more attractive than those with variable rates. It's called a swaption. Financial experts in fancy suits from Concord Public Financial Advisors recommended rolling the dice, and kept the campaign coffers flowing for Reibman.

Five Council members decided to gamble with your money.

We lost.

It only ended up costing us around $25 million.

That's just one of many reasons why he's former Executive Glenn Reibman.

Others include, in no particular order: depleting County reserves to irresponsible levels; a seventy percent tax hike over two years; a top aide who spent time in the federal slammer for taking kickbacks from County vendors; another top aide engaged in wife-swapping adventures on County time; employees getting ill from all the dust and fiberglass particles that accompanied new construction at the courthouse; demolition of a state-of-the-art archives building; and layoffs.

Believe it or not, Glenn Reibman is seriously considering a race for County Executive next year. He still has at least $70,000 in his campaign warchest. He's got political friends in Jersey, too, which accounts for his job at The Delaware River Joint Toll Bridge Commission. And rumor has it he's got a friend in Allentown encouraging him to run - Mayor Edwin Pawlowski.

The rumor is that for Pawlowski, it's all about revenge. You see, Bethlehem Mayor John Callahan was less than enthusiastic about Allentown's Neighborhood Improvement Zone (NIZ). That would suck office tenants away from Bethlehem and anywhere else within a 25-mile radius of a ridiculously expensive hockey arena. Callahan never accepted King Edwin's trickle down theory of local economics. So, according to some sources, Pawlowski has been encouraging Reibman to run, and has even gone so far as to offer the services of his own campaign manager, Mike Fleck.

Whether this rumor is true or not is unclear. Mike Fleck calls a possible Reibman run an "interesting concept." He's heard about it, too. But he denies he's been asked to run the campaign yet, and states he does not know what he will do if asked. He also denies that Pawlowski and Reibman have spoken.

One person Glenn can't count on is political guru Jim Hickey, who dragged Reibman to victory in his second term as Executive. Hickey is firmly committed to the Callahan camp.

I'm not even sure he can count on Ron Heckman, who apparently is running for Council with the help of John Callahan. Heckman and Reibman are friends.

That leaves the Lamont McClures and Walt Garvins of this world.

I'm sure Glenn will do just fine with those masterminds steering the S.S. Reibman.

Vic Mazziotti Slams Osborne Over Hansell Veto

He's one of what I originally called the "Gang of Four." More politely, he's a member of the so-called "Reform Team" intent on downsizing Lehigh County government. But he's no fire-breathing dragon. Quiet and unassuming, Lehigh County Commissioner Vic Mazziotti has always been reasonable in my dealings with him.  As Northampton County's Fiscal Affairs Director, he really did save the County millions of dollars annually. But he's finding it's a lot tougher on the other side of the dais. He's no politician. He says things, quietly, that read like a Declaration of War in print.

On Thursday, Lehigh County Executive Bill Hansell vetoed budget amendments that Vic had supported. Vic, along with four other Commissioners, slashed $5 million from the budget with the stoke of the pen. And where they did it left me scratching my head. They cut the money out of employee compensation, creating a major jobs cut.

I know what Vic was doing. I'll lay odds it was even his idea. He told me many times, when he was in Northampton County, that it is always possible to cut 10% from a budget, and that it's done in the private sector all the time. But jobs?

 On Friday, when I caught up with Vic, he told me that Commissioners stated repeatedly that they just selected a major line item to make the cut, and had no intention ever of seeing anyone lose their jobs. They wanted the Exec to come back with $5 million in cuts in other areas.

In Hansell's veto, he did come back with $3.5 million in non-personnel cuts, calling it a compromise. He has the support of four Commissioners, so you'd think this crisis is over. But it might just be beginning.

Quietly, at times almost inaudible, Mazziotti blasted Hansell, claiming he would fire him if he were a County Manager and not the Executive. Vic denied that he had turned down multiple requests for a meeting, as Hansell had claimed in his Budget Veto message.

But that was mild, compared to his harangue against Brad Osborne, Chairman of the Commissioners. Osborne supported Hansell's veto and appeared at the news conference.

"When he was running, Osborne claimed he was fiercely independent," said Mazziotti. "What I've found is that he is fiercely indecisive, and that is one of his better points."

Mazziotti went on to charge that Osborne, who is not only Chairman of the Board but a fellow Republican, never contacted Vic or any of the four remaining Commissioners who supported the jobs cut. "I find this extremely disloyal to the Republican majority," stated Mazziotti. ""He did not inform the majority. He hasn't called since. Maybe he's planning on changing parties."

Ominously, Mazziotti stated, "This may not get resolved until the next election." He also agreed with Commissioner Percy Dougherty's assessment that he is a "marked man." Percy Dougherty, like Osborne, supported Hansell's veto.

If this is ever resolved, it will be without Mazziotti. He's not running again. He tells me one term is "more than enough." He adds that Osborne had claimed that power issues made it impossible to reach out and contact him, but apparently is having trouble believing it.

I will catch up with Brad Osborne and get his side of the story as soon as I can.

This Democrat is Splitting His Ticket

This has been an incredibly tough decision for me. Unlike the partisans, I think both President Barack Obama and challenger Mitt Romney are genuinely good men. Neither of them is particularly inspirational to me.

Mitt Romney was a conservative when he had to be, and now he's a centrist. But I seem to recall that Obama was a centrist, or perhaps a realist, when he ran for his first term. Once elected, he took a hard left.

I've been disappointed by his obsession with an unpopular medical insurance act, while dithering about our floundering economy. Although his foreign policy approach is better than I expected, his approach to Israel leaves me concerned. What really bothers me is not his so-called apology tour, but his failure to recognize that a Putinized Russia is becoming a very real threat to our national security. This is evidenced by its recent failed attempt to supply Syria with arms. What bothers me most of all about Obama is that the man who promised to be accountable and transparent was not, at least not with Obamacare.
If you don't like Romney's position on an issue, do some research and I'm sure that, sooner or later, you'll find that he had a completely different one a few weeks ago. His alienation of the English, during the Olympics, was absurd.

But unlike Obama, Romney does have quite a bit of Executive experience. He has turned companies around. It appears that his waffling might be an indication that he is, like FDR, a realist. He's willing to do what works, regardless whether it is a Republican or Democratic idea. But does he understand what it's like to be out of work? Will his solutions impose more hardships on an already overburdened middle and lower middle class?

I'm impressed by the way President Obama reacted to Hurricane Sandy. But I'd like to think that most presidents would react the same way.

We've tried the "hope" and "change" for four years. The only change I've seen is in the wrong direction. Instead of hope, I see despair as millions of people have stopped looking for work.

They may both be good man, but neither is an exceptionally appealing candidate. I probably would have voted for Obama. After all, I am a Democrat. But what tilted me towards Romney are two things.

First, the notion of revenge against those who dared oppose Obama. I'm not speaking about Obama's "voting is the best revenge remark" but am instead bothered by what his chief political adviser, Valerie Jarrett, reportedly said to two Obama campaign staffers: "After we win this election, it’s our turn. Payback time. Everyone not with us is against us and they better be ready because we don’t forget. The ones who helped us will be rewarded, the ones who opposed us will get what they deserve. There is going to be hell to pay." Obama's very own Karl Rove, Jarrett has also been tied to foreign policy decisions, where political repercussions should take a back seat.

The second thing that swayed me is the venom from so-called liberals, hypocritically attacking Romney over his religious beliefs, about which they know nothing. I thought those days were over.

So although I think Obama is going to win, I'll be voting for Romney.

Sunday, November 04, 2012

Giuliani To Visit Bethlehem

Former NYC Mayor Rudy Giuliani will be at the LEHIGH VALLEY VICTORY CENTER for a Mitt Romney rally on Monday.

TIME: 4:15 PM
WHEN: Monday November 5th
WHERE: Lehigh Valley Victory Center, Westgate Mall, 2285 Schoenersville Rd
Bethlehem, PA 18017

Friday, November 02, 2012

Hansell Vetoes $5 Million Jobs Cut in Lehigh County

LC Exec Bill Hansell
Despite the lack of power, Lehigh County Executive Bill Hansell convened a news conference on November 1 to announce his veto of a budget amendment approved by a divided, 5-4, Board of Commissioners late last month. Their amendment slashed $5 million from the budget by reducing compensation to the County's workforce. Hansell blasted this jobs cut as "an unnecessary threat made against a work force that is already well under the number of employees that Lehigh County had twenty years ago." He added this cut "serves only to demoralize our staff with threats of furloughs, layoffs and terminations."

In addition to the veto, Hansell reduced non-personnel expenses by $3.5 million from what was contained in his original budget, which he called a compromise to a budget amendment that proposed $5 million.

Supporting Hansell at this news conference were Lehigh County Commissioners Percy Dougherty, David Jones, Dan McCarthy and Brad Osborne. With this support, it appears unlikely that Commissioners will be able to muster the six votes needed to override Hansell.

Also joining Hansell were numerous County officials, from Republican DA Jim Martin to Democratic Sheriff Ron Rossi.

Commissioner Lisa Scheller, part of the five-member coalition who supported a $5 million reduction in employee compensation, filmed part of the news conference and walked out, shaking her head.

District Attorney Jim Martin noted that last month's budget amendment instilled fear of layoffs or pay cuts in the approximately 45 employees under his supervision. "I can tell you that none of them deserve that," he remarked. "They work very diligently and hard on behalf of all of the citizens. He called the $5 million jobs cut, which translates to 100 employees, as unnecessary. "It was not a thoughtful approach," he argued. "If we can't prosecute cases, we can't fulfill our obligations." He commended the "political courage" of the four Commissioners who stood with Hansell

One of these, Dr. Percy Dougherty, a Republican, stated he is now a "marked man," referring to next year's election. A geologist by education, Dr. Dougherty described the budget process in lyrical terms. "The dark clouds that we saw on the horizon weren't the hurricane coming. It was budget season, and it hit us with a flurry, probably more so than the hurricane," he waxed.

Daugherty explained that he supported Hansell's veto because it includes $3.5 million in cuts to non-personnel expenditures. This will still guarantee a $44 reduction to each taxpayer, as was contained in the budget amendment approved by five Commissioners as well as the original budget proposed by Hansell.

Fellow Republican Brad Osborne, who chairs the Board, agreed that the $3.5 million in non-personnel cuts "begins the process of closing the structural imbalance between revenue and expenses in a sustainable way."

Democrat Dan McCarthy, like Dr. Dougherty, also referred to the recent storm. "When you have catastrophes like this, people want government," he stated. "It does have a valid role to play in our society." He complained that the $5 million jobs cut would rob Lehigh County residents of the very people needed to react to crises like Hurricane Sandy. Fellow Democrat David Jones called the indiscriminate jobs cut too much of a "blunt approach."

Commissioners are scheduled to vote on overriding the veto at their November 14 meeting.

The Commissioners who support the $5 million jobs cut are Vic Mazziotti, Scott Ott, Michael Schware, Tom Creighton and Lisa Scheller. Executive Hansell claimed that only Creighton honored his multiple requests for a meeting, although this was disputed by other Commissioners who complained they were not invited to the news conference.

A Tale of Two Counties

Hurricane Snooki managed to knock both Lehigh and Northampton Counties off the power grid. Electricity was restored to Lehigh County late yesterday afternoon, and they'll be open for business today. Northampton County was energized early last night, but the courthouse will still be closed.

Executive John Stoffa told Express Times reporter Tom Shortell that he had to decide before power was restored. But how hard is it to change course based on new facts? If the concern is that employees will not know, no harm is done. The courthouse has worked with skeleton crews in the past.

Hurricane Sandy Reached More People Than Previous Storms

Council members Bob Werner, Bruce Gilbert and Peg Ferraro
How did Northampton County weather, so to speak, Hurricane Sandy? Emergency Management Services Director Bob Mateff provided County Council with an answer at their November 1 meeting. This sparsely attended meeting started just moments after power was restored to the Courthouse.

Before the storm started, Mateff opened an Emergency Operations Center in Upper Nazareth Township. From this hub, strategically located in the geographic center of the County, officials coordinated what we take for granted - utilities, sheltering and mass care, communication and human services. Between ten to fifteen people have been working around the clock since Monday.

Power

All municipalities were affected. Between 79-84% of the County lost power at some point during the hurricane. Places like Pen Argyl experienced a 100% power outage. At the time of Mateff's report, there still were 59,605 outages, although Met Ed had restored energy to about 6,000 customers that day alone. A fleet was on its way to the Slate Belt as Mateff spoke.

"Tomorrow is a big day for restoration," stated Mateff, who predicted that power should be fully restored by Sunday. Mateff himself is one of those who still has no power at his own residence.

Casualties

One person died during the storm, according to Mateff. He was referring to a Wind Gap teen whose ATV struck a downed tree at the height of the hurricane. Another person was critically injured as a result of burns sustained from a generator.

PFC Cochran helped with communication
Military Assistance

Because LANTA kept its fleet off the road for the first two days of the storm, Mateff relied on the National Guard to transport people to and from vital medical appointments. He also used the military to maintain contact with municipal officials in many areas of the County, primarily in the Slate Belt. Communications were completely cut off in the northern tier and "scattered at best" in the middle party of the County. Thanks to the National Guard, as well as amateur HAM operators, County officials were able to respond to local needs.

Back-up shelter at Hanover Tp Volunteer Fire Co
Shelter

In conjunction with Lehigh County and the American Red Cross, an emergency shelter was established at 2121 City Line Road, where people who had lost power could sleep and have a hot meal. At one point after the storm, 80 people were housed there, "the most we've ever seen." At the time of Mateff's report, there were still 50 people (32 adults and 18 children) at this shelter. But the shelter is being demobilized, and its temporary residents will be transferred to another shelter at Dieruff High School in Allentown or what Mateff calls a "mega shelter" at East Stroudsburg University.

In addition to Lehigh Valley residents, this shelter includes storm victims from Orange County, N.J.

The Red Cross also maintained a back-up shelter, complete with twenty cots, at the Hanover Township Volunteer Fire Company, located near Wegmans. It was never activated.

70 mph gusts snap telephone pole in Nazareth
Wind Damage

Mateff reports that, unlike previous storms, there was little or no flooding. This was confirmed by Bethlehem Township Fire Marshall Stephen Gallagher. But with wind gusts up to 70 mph, there was a tremendous amount of wind damage. Countywide, one property was completely destroyed. Another 63 properties sustained serious damage. Minor damages were reported at another 452 properties. 11,314 businesses or homes were "affected."

Mateff stated that those damaged will likely be eligible for public assistance. Congressman Charlie Dent, along with the entire Pennsylvania delegation to the U.S. House, has requested President Obama to reimburse citizens for costs incurred in preparing for and responding to the storm.

There was little or no damage to public infrastructure. According to Director of Administration Tom Harp, a few exhaust filters flew off the jail's roof, but that was the only damage sustained by the County.

Council member Bruce Gilbert was less lucky. His home in Palmer Township was hit by five pine trees. But he was impressed at how quickly volunteer firefighters responded.

"I blinked my eyes and they were there," Gilbert stated.

Gilbert's experience was repeated in other townships throughout the County.

In Hanover Township, Public Works was able to clear 125 trees from the roads and fixed over 50 signs. Regular leaf collection has been suspended in favor of clearing yard waste and storm debris.

Hurricane Sandy also prompted over forty calls about downed wires and trees to Hanover Township's volunteer firefighters. "It was nothing too serious," stated volunteer EMT Chris Smith. "But it was a long night for sure."

In Bethlehem Township, Fire Marshall Stephen Gallagher reports that volunteer firefighters responded to seventy calls, from downed power lines to trees on homes. "The fire companies did an excellent job," stated Gallagher. He also commended Public Works for keeping the roads open and clear of debris.

Black smoke billows from Gracedale generator
Gracedale

A back-up generator at Gracedale began billowing black smoke on October 31, but was quickly replaced without endangering residents at the County-owned nursing home. The National Guard supplied specialized lighting so the replacement could be made in the evening hours.

Looming Presidential Election

Council members Lamont McClure and Bob Werner seemed most concerned about how Hurricane Sandy would impact the upcoming Presidential Election on November 6. "This is the most important election of ... ever," stated Werner, who worried that people would get frustrated and leave without voting if forced to wait in long lines for paper ballots or for battery-operated machines.

Mateff and Harp assured Werner that contingency plans exist to provide emergency power at each polling place.

Rumor Control

Mateff noted that there are rumors that gas stations are dry, but Mateff claimed this is untrue. He explained that trucks are making deliveries, but many New jersey residents are pulling into the first exit off an Interstate to grab fuel for vehicles and generators. He claimed there are no real fuel shortages. Was This the Biggest Storm?

Was This Our Biggest Storm?

"While it didn't have the public infrastructure damage that we've had with a lot of our flooding events, this reached more people," stated Mateff. "This affected more individual residents of the County than the previous storms... It was a very big event."

Thursday, November 01, 2012

We'll Have No Democracy in Allentown

I'm one of those bastards who generally dislikes initiative and referendum, i.e. the procedure under which we directly decide issues that we've already elected others to do. Emotion tends to trump facts. Mobocracy prevails. But this assumes that we already have an elected government. That's not the case in Allentown. Three of its seven City Council members are appointees. The other four were installed by about 12% of the City's registered voters. It's no democracy, but is instead an urban growth regime in which Mayor Edwin Pawlowski and NIZ developer J.B. Reilly have co-opted each other. Now, one of the King's Men, Julio "I speak three languages" Guridy, is doing his best to make sure that Allentown's people stay out of the way as Hizzoner robs the City of one of its most precious assets - its water.

A group of five Allentown residents have formed a committee designed to give the voters a say in the lease of the Queen City's water and sewer. But blogger Michael Molovinsky, in a pre-Hurricane Snooki posting, warns us that Julio wants every petition circulator to register with the City. Never mind that nothing in the City's Home Rule Charter requires this.  Pawlowski wants to reduce the number of circulators at the polls on Election Day.

Colin McEvoy has more details at The Express Times. Guridy is terrified that "special interests" from outside of Allentown will come in and try to take over the City.

But that's already happened. A peek at your campaign finance reports, as well as Pawlowski's, makes that abundantly clear.

Don't get Snookied.

Allentown's First Ever Youth Chess Tournament

Blog Write Up
I have seen the kids (and their parents) play Chess during Summer basketball tournaments in downtown Allentown. If you're interested in helping or know someone who'd like to play, contact Peter Bond.

J. Willie Reynolds Does The Hat-Trick!

J. Willie Reynolds After Firecracker 4-Miler in July
Any baseball player who can manage to hit three home runs in one game is said to have performed a hat-trick. Obviously, it's pretty rare. For Runner's World, it's completing a 5k, 10k and half-marathon over the course of a weekend. I think that doing three races like that, back-to-back, is tougher than a marathon. And just as nutz. But that's exactly what Bethlehem City Council member J. Willie Reynolds did late last month in Bethlehem.

Believe it or not, 700 people managed to complete this feat. Willie placed 46th among them.

"I survived," he tells me. He did better than that. But if you see his legs anywhere in Bethlehem, give him a call.

Wednesday, October 31, 2012

Hurricane Sandy "A Long Night" For Hanover Township

On the day following Hurricane Sandy, most of the Township was without power. But according to Township Manager Jay Finnigan, Public Works was able to clear 125 trees from the roads and fixed over 50 signs.

Hurricane Sandy also prompted over forty calls about downed wires and trees to Hanover Township's volunteer firefighters. "It was nothing too serious," stated volunteer EMT Chris Smith. "But it was a long night for sure."

The fire company, located near Wegman's, also served as a back-up shelter for the American Red Cross. Twenty empty cots decorated the meeting hall, just in case.

Updated: 10/31/12, 10:40 PM.

Bipartisanship

A nice thing to see.

Hurricane Sandy Swats Salisbury

Pippysqueak reports from Eastern Salisbury Township: "Power has been out since 10 pm Monday night in eastern Salisbury. Massive tree came down on some major power lines." She tells me that, fortunately, this tree only hit part of the house.



Hone located at Lawrence and Savercool Sts. in Bethlehem - Salisbury Township

Hurricane Sandy Nails Nazareth Hard

The Fighting 54th, Upper Nazareth's Volunteer Firefighters, respond to a funky generator at Gracedale yesterday, which was belching black smoke.

Hurricane Sandy rips half the shingles off a roof along Mauch Chunk Street.

Tree at Nazareth residence is completely uprooted. Fortunately, it fell away from the home.

U.S. Military Assists in Hurricane Recovery

Military Responds to Weather Emegency
My walkabout yesterday took me past Northampton County's Emergency Management Services, located next to Gracedale in Upper Nazareth. I was surprised to see Humvees going in and out of the place, and talked to three soldiers (Two Air Force, one Army).

They told me they were assisting in "situational awareness." Because communications between Emergency Management and the local municipalities was out at numerous locations, they were driving back and forth to determine needs and pass it along.

Tuesday, October 30, 2012

Tell Me Your Hurricane Stories

Although I am one of the fortunate souls who never lost power during Hurricane Sandy, I did lose Internet service. So I spent most of the afternoon walking, listening to the humming of more generators than I knew existed. I saw numerous downed trees, some of them pulled out by the roots. I saw a few homes that lost all their shingles. I saw Upper Nazareth's Volunteer Fire Department at Gracedale, responding to a generator gawn awry.

It appears most of Nazareth, and even beyond, is still in the dark. But it also appears that most everyone is ok.

The line was very long for gas at both the Nazareth Giant and the WaWa on Route 248.

Panera is packed with people who have lost power and want something warm to eat. I took off and gave them some room.

If yoy have any hurricane adventures, feel free to post them here

Is Sandy a Sign of Things to Come?

In view of the Superstorm that has descended upon us, I don't feel comfortable writing about the usual political shenanigans so common on a local, state and federal level. I've never been better prepared for a storm, thanks to all the warnings that were repeated all weekend.

Why did Sandy make a sudden left turn and come inland, instead of going out to sea like a good little hurricane? How often are we to expect 1,000-mile wide storms, pushing 11-13' of water right into the heart of New York City?

Are we at the forefront of some major climate change? Is it man made, or just the way of things?

According to The Nation,
"[I]t’s not our imagination that hurricanes have grown more ferocious than in the past. Multiple scientific studies in the past few years have found that rising sea-surface temperatures linked to global warming are causing an increase in the number of stronger hurricanes. Sandy, right now, is approaching the east coast atop Atlantic sea-surface temperatures a full five degrees Fahrenheit above normal. One study by the Massachusetts Institute of Technology concluded that hurricane wind speeds have doubled in the past 30 years. This may account for the fact that among the six most powerful hurricanes recorded in the Atlantic Basin—going back 150 years—three occurred over 52 days in 2005: Katrina, Rita and Wilma. And Sandy, as measured by its area of influence, is now the biggest storm ever recorded in the Atlantic."

Monday, October 29, 2012

Lehigh County Government Will Be Closed Tuesday

From Lehigh County: "Lehigh County Government Center and Courts Offices will be closed tomorrow, Tuesday October 30 due to the storm. Certain Emergency Functions will remain in operation, but all County and Courts Offices will be closed. We will provide an update at a later time."

Hurricane Sandy - The October Surprise

Move over, Donald Trump. Take a hike, Gloria Allred! These two publicity hounds have tried, and failed, to unleash the dreaded October Surprise that comes with every Presidential race. But Hurricane Sandy is doing one helluva' job of throwing a gigantic monkey wrench into an already tight race. If President Obama does a reasonably good job of handling this crisis, he'll win. If he fails, or if there is some major screw-up by some fed, he loses.

Is it fair to keep on playing politics during a natural disaster? Of course not. In baseball, games are called when it begins to rain. The tarps come out and everyone goes home. But this is Presidential Baseball, and like it or not, Barack Obama is the dude on the mound. True, he's mostly throwing screwballs, but look who he's playing against.

He's bearing down right now, in the closing innings. He's canceled political events and is instead sending email blasts every five minutes so everyone knows he's on top of this thing. He might be out there right now, helping someone with sandbags.

But if Hurricane Sandy sends one right into the glove of one his FEMA dudes, who then proceeds to drop the ball, Obama will be blamed and the game will be over.

In regular baseball, no pitcher is held responsible for a fielding error. If the runner scores, it's considered unearned. But this is Presidential Baseball, baby.

Now Romney is in the bullpen, warming up. He's got a screwball, too. It might be better than Obama's. It might be worse. With a name like Mitt, he should make no errors. But if Obama gets us out of the inning, we'll never know. If Obama fails, the American people will send in the reliever.

Bethlehem's School Tax Farmers Cometh

Bethlehem Area School District, which wisely cancelled classes today, last year made the not-so-wise decision to hire tax farmer Portnoff Law Offices to collect its delinquent property taxes. So far this year, this privatized tax collection agency has filed 408 municipal liens for the school district. And that's just in Northampton County. A good chunk of Bethlehem, along with Fountain Hill, is located in Lehigh County. I am certain that at least another hundred liens are on file there.

Portnoff is notorious for its excessive attorney fees, which are usually imposed on struggling homeowners dealing with financial difficulties. They're usually in no position to fight. After filing the lien, Portnoff immediately starts the process to sell the home on which the tax is based.

Privatizing a nursing home or a water and sewer system is quite incendiary. But amazingly, government officials are privatizing one of their most important governmental functions - the collection of revenue.

Benjamin Franklin once sarcastically predicted that tax farmers like Portnoff will ultimately be the cause of the next revolution. "Let these have large salaries out of extorted revenue. . . . If any revenue officers are suspected of the least tenderness for the people, discard them."

In the meantime, another group of lawyers is filing Revenue Appeals Board challenges against local small businesses in Bethlehem Area School District, demanding higher assessments. In Hanover Township alone, there may be as many as fifteen such challenges pending, according to a report at last week's Supervisors' meeting.

For All Your Hurricane Needs

... check out Northampton County Emergency Emergency Management. No bike riding today!

Friday, October 26, 2012

Hanover ZHB Shows No Love to "That's Amore"

L to R: ZHB members Paul Balla, Joan Rosenthal and Joseph Bednarik
Following a three-hour hearing on October 25, Hanover Township's Zoning Hearing Board has denied Chef Joseph Jurkivo's request to allow seasonal outdoor seating at That's Amore, a gateway to Hanover Township located on Schoenersville Road. Two ZHB members, Chairman Paul Balla and Joseph Bednarik, rejected Jurkivo's argument that outdoor seating on an adjoining lot was a permissible "accessory use." A third ZHB member, Joan Rosenthal, dissented.

In zoning, an accessory use is one that is customarily incidental and accessory to the principal use, such as a shed at a residence.

Joseph Jurvinko is certainly familiar with That's Amore. He started working there as a bus boy at age 15, when it was known as Pane e Vino. He eventually became the chef at Bethlehem's popular Mama Nina. Early this year, he went into business for himself. But he soon learned that he has lots of competition from local area restaurants that offer outdoor seating. That includes nearby P.J. Whelihan's, Prime Steak House, Gregory's and even Wegmans.

Under questioning from his attorney, Mickey Thompson, Jurvinko testified that he spent $115,000 in improvements at the restaurant, including an adjoining lot at which he proposed seasonal outdoor seating for dinner. The area includes a decorative gazebo, bocce ball pit, fountain and landscaping. There would be no music, no alcohol sales, no big-screen TV, and only low-wattage lighting.

Att'y DeVito cross-examines P.E. David Harte
But Township Attorney Leo DeVito argued that Jurvinko's zoning appeal is nothing more than "a veiled attempt to expand the size of this property by 50% in an area that is already deficient in parking." Jurvinko acknowledged under cross-examination that he would be adding 25-30 diners to the 80 maximum that could be seated indoors. Thompson countered, "We're allowed as a constitutional right to expand a business. ... All he wants to do is compete."

DeVito also argued that the outdoor seating is a "principal," as opposed to an "accessory" use. Under Hanover's zoning ordinance, an accessory use is permitted on an adjoining lot under common ownership. But Thompson told zoners that outdoor seating, which requires a restaurant, is necessarily an accessory use. He also hinted that the zoning ordinance, which makes no specific provision for outdoor dining, is a "tad exclusionary."

Where would these outdoor diners park? While the arguments concerning principal and accessory use dominated the hearing, the subplot was focused on a business expansion in an area that is already crowded.

Jurvinko showed zoners lease for 10 parking spots at a small strip mall on the south side of his restaurant. Testimony from both Jurvinko and engineer David Harte established that this lot is never full. A bike shop, dry cleaner, barber and pizza shop usually have customers that come and leave rather quickly.

ZHB Solicitor Ted Lewis questioned whether the owner of the strip mall had an obligation to seek a variance for a reduction in parking. Township Solicitor DeVito argued that he did, while Attorney Thompson noted that parking at a strip mall is far safer than anywhere else in that proximity. Engineer David Harte explained that Jurvinko could add about 6 parking spaces on the adjoining lot, but doing so would cause him to lose six spaces on the main lot.

Although some members of the public came and asked questions, none stuck around for the final decision.

Following the adverse ruling, a grim Joseph Jurvinko vowed to appeal. Township Solicitor DeVito declined comment.

General Powell is Still a "Shock and Awe" Guy

As Chairman of the Joint Chiefs, General Colin Powell endorsed the "shock and awe" theory of warfare. So I wondered whether he was concerned by President Barack Obama's preference for a "leaner" military with "smaller conventional land forces." After all, that's pretty much the same theory advanced by a very unpopular Donald Rumsfeld during the Bush Presidency.

Powell, a moderate Republican, has endorsed Obama again. He seems to be satisfied by Obama's policies and notes that Romney is a bit "vague."

While I don't place much stock in most endorsements, this one matters to me. I am still undecided, but this will definitely help Obama.

Does this endorsement mean much to you?

Thursday, October 25, 2012

Philly Swaption Tab Might be $186 Million

Northampton County recently forked over around $25 million as a result of a swaption deal gone bad. According to the Inky, a similar deal in Philly could end up costing 186 million.

Two Zoning Appeals Continued in Bethlehem

Happy birthday, Suzanne!
Unlike the 4 1/2 hour hearings that are becoming the norm for Bethlehem's Zoning hearing Board, its October 24 hearing was a quick one. Zoning Officer Suzanne Borzak, celebrating her 25th birthday, was actually able to go home early.

The first matter involved the former Anna Maria Restaurant, located at 114 W. 4th Street. When Pastor Wesley Jun purchased the property in 2004, he lived on the third floor, and the restaurant operated below him. When it closed a few months later, he moved his family into the building.

"I had no idea I needed a permit to live there," Jun told zoners. So he filed an application allowing him to convert the former restaurant into a single family dwelling. But during the hearing, he disclosed that he is now renting out the third floor. As a result, his matter was continued so that it can be re-advertised as a multi-family dwelling.

In the second case considered, Keystone Country Building Group is seeking relief that would allow it to build a dwelling at 1456 Philip Street, even though the property is located on a steep slope. But that matter had to be continued, too.

Under questioning by Attorney Lisa Pereira, Keystone principal Brad Stine revealed that he had just revised his plans. The proposed home would be located less than 5' from the street, in violation of the zoning ordinance. In order to obtain relief from this requirement, the matter needs to be re-advertised. Stine's proposal is already being opposed by neighbor Jeff Hernandez, represented by Attorney Frank Trodato.

Both cases will be heard at he next regularly scheduled Zoning Hearing Board meeting, on November 29 at 7PM.