Proposal to Elect Row Officers Gets Frosty Reception

Peg Ferraro, lookin' lean and mean

Rogue Deputy Sheriff Tom Bachik would love to see an elected Sheriff. That way, unions can install a puppet who will give him triple and quadruple time whenever he farts. So it's no surprise, although a little disappointing, to see Ken Kraft sponsor a giant step backwards for anyone interested in good government. Instead of professionals running offices like the Sheriff or Recorder of Deeds, Kraft wants political hacks installed by the unions. After all, Kraft himself is a business agent. Instead of representing his district, he's representing AFSCME District 88.

Another Council member, Tom Dietrich, also supports making row officers elective positions. At yesterday's Personnel Committee meeting, he claimed this is because of John Stoffa's recent, and very controversial, appointment of Gina Gibbs as Register of Wills. That's funny because, when he spoke to The Morning Call, he denied the proposal had anything to do with the Gibbs' appointment. He's managed to contradict himself in the span of 24 hours, like a good little pol.

Bob Werner chides Kraft and Dietrich

As Kraft makes a play for the unions, Dietrich is trying to portray himself as a populist, hoping that it gets him a few votes in his bid for re-election. As a Republican who supported the sale of Gracedale, he knows he's in hot water.

This appeal to direct democracy has a big flaw, and that was driven home by former County Exec Jerry Seyfried at a hearing on Wednesday. You see, the voters, in an exercise of direct democracy, have already shot down the idea of elected row officers.

In 1978, the row offices were abolished, not by politicians, but by the voters of Northampton County. The voters, through the process known as voter referendum, have told you they don't want row offices. The change that was implemented provided a system of checks and balances like no other in the history of the County. The efficiencies that came with the elimination of the row offices and the adoption of the Northampton County Home Rule Charter resulted in cutting property taxes almost in half.

I spoke, too, but should have kept my trap shut. Council members Bob Werner, Peg Ferraro and Scott Parsons each stated that this is pretty much a terrible idea.

Scott Parsons, as Coroner, can declare me dead

Bob Werner, reacting to concerns that the current appointments are a product of nepotism, chided, "And you think the election process is any better?" He suggested fixing problems with the appointment process instead of "throwing out the baby with the bath water."

Peg Ferraro, who remembers what it was like when row officers were elected, claimed there were "separate little fiefdoms" that were accountable to no one. "You're taking us back forty years," she warned Kraft and Dietrich. She said people get elected for two reasons - popularity and money. Not competence or professionalism. "Be careful what you ask for," she added.

Scott Parsons said bluntly, "This is probably the most ridiculous thing I've ever seen. I can't support this at all."

Who Controls the Controller?

Barron at Bethlehem ZHB earlier this week

When Steve Barron was elected Controller, it was to protect the best financial interests of the County. Not to march on T-Mobile and threaten them for not having a union. Not to appoint himself chief asbestos investigator. Not to inject himself as a "fraud examiner" for the DA. Not to advise public sector unions during contract negotiations with the County. Certainly not to use his office to make sure that a "close personal friend" is paid for services to the County. Yet that's what we've got. Instead of acting as a fiscal watchdog, he's on a jihad against the Executive.

He's had great results. T-Mobile has left the Lehigh Valley, taking 600 jobs with them. State officials are satisfied with Stoffa administration asbestos remediation efforts, despite all the problems that Barron attempted to create. The DA has stopped using Barron after a judge refused to accept him as an expert. His latest is to complain that the County is a slow pay on human services contracts. He makes this claim because a "close personal friend" from some drug store had to wait a few months to get paid. It turns out the County was waiting for payments from the state.

In his complaint to Council's Finance Committee yesterday, Barron ranted that four human services providers wait too long to get paid. He declines to identify them out of concern the County will stop using them.

Director of Human Services Ross Marcus agreed that there are a few instances in which providers wait too long to get paid, pointing out that this is what happens when positions are cut. He added that sometimes, payment is delayed because the provider fails to provide proof of liability insurance. But he denied that there is any retaliation against providers who complain. "That's just not true," Marcus said. "If anything, it's the opposite. To accuse us of that is really unnecessary."

The County enters into nearly 300 human services contracts every year. Executive John Stoffa pointed out that, over the past seven years, "There hasn't been one provider who's come in here and bitched and moaned about a contract." Marcus added that he "doesn't appreciate the exaggeration" from Barron.

For his part, Barron told everyone he'll be making no more of his riveting reports for the time being. He said he needs physical therapy for a concussion he received last week in a car accident.

I think he's gonna' need a lot of therapy.

Remains Removal With A Touch of Class

Whenever I'd complain to my Drill Sergeant about anything, his constant refrain was "Life's a bitch and then you die." Every now and then, he'd add, "Then things get easier. People carry you wherever you have to go." Damn if that bastard wan't right!

Yesterday, Council approved Coroner Zach Lysek's request to hire two companies for remains removal. They'll get between $200 and $230 a pop. They'll charge extra for the plus sizes among us.

According to the Coroner, who assured me I am still alive, "Most people don't die on the first floor by the front door." From now on, that's where I'll be sleeping. I figure that way I'll be immortal.

Believe it or not, one of these gigs was awarded to an auto detailing biz on S. 27th Street called a Touch of Class. They'll move your mass, but with a touch of class. Might even throw in a shine.

NorCo Loses Second "Naughty Email" Unemployment Case

Back in September, two NorCo Register of Wills employees were canned. Director of Court Services Archie (Inspector Gadget) D'Isidore conducted a two-year investigation and charged two single mothers with a violation of the County's "electronic resource policy." That's a fancy way of saying they got caught sending naughty emails. Playing hardball, the County denied a union grievance and even refused to pay unemployment. No suspensions. No warnings. Just out the door.

The same County officials who urged County Executive John Stoffa to impose the ultimate sanction on these women, assured him it would hold up, both before the Unemployment Board and in arbitration. The same idiots who got their jollies by snooping through employee emails insisted this was a "slam dunk."

It was. For the fired workers.

Fortunately, both of these single moms hired a lawyer. In fact, they got two for the price of one - the father-and-son team of Colin and Brian Monahan. After a hearing in November, the first of these employees was awarded benefits. And now, after a hearing last week, the second fired employee has been awarded benefits, too.

In both cases, the Attorneys Monahan argued the County is in no position to claim there was any misconduct because it allowed these employees to exchange emails for two years without taking any remedial action. In fact, D'Isidore gave them positive performance evaluations while secretly investigating them.

Jill Mancini tried the case for the County. Resigning Solicitor Karl Longenbach, you might recall, told Council she should be paid $102,900 per year and put in charge of other lawyers. Embarrassed by her first defeat, she came loaded for bear this time. She should have brought toilet paper. Hers was a shitty case. As my father used to tell me whenever he looked at me, you can't shine shit.

Referee Gary Wardecki, who issued both rulings, reasons that "the employer's failure to act shows a willingness to accept the behavior."

So now, because some bureaucrat likes to look through the private emails of two women, County taxpayers will pay them to sit on their asses while they go through union arbitration, where they will certainly win.

Does this make any sense?

John Stoffa has made a career working for the disadvantaged in Northampton and Lehigh County. But this arbitrary and uncharacteristic termination, which follows quickly on the heels of a questionable appointment of a third floor pet to the Register of Wills, is exactly what happens when he loses good cabinet officials like John Conklin and Vic Mazziotti. It's no way for him to end his stewardship of Northampton County.

Atiyeh Swings and Misses A Third Time For Bethlehem Rehab

David Harte describes site

For the third time, Bethlehem's Zoning Hearing Board has shot down a drug and alcohol residential rehab center located near a school. At their December 10 meeting, following a five-hour hearing, zoners unanimously denied a "special exception" for a 47-bed facility located at 2349 Linden Street. That's the site of the former Moose and Bug Florist, and is located approximately 400' from Spring Garden Elementary School.

Nearly forty neighbors attended this hearing. Many expressed concerns about a diminished quality of life, increased traffic and a potentially dangerous situation.

In addition to neighbors, Bethlehem Area School District administrator Dean Donaher opposed the proposal on behalf of the school district. Spring Garden Elementary has an enrollment of 563 students, according to Donaher, making it one of the largest schools in the district. Between 60-65% of these children walk to school.

In two previous appeals, developer Abe Atiyeh was unsuccessful in pitching drug and alcohol rehabs near Bethlehem Catholic High School. In all three appeals, Attorneys Mark Malkames and Blake Marles, representing Atiyeh, insisted that there was no factual basis for these concerns. Marles called it speculation, while Malkames spoke of "inappropriate fears of the unknown." But Diane Mason, at the December 10 hearing, offered several examples in which residents and employees at voluntary rehabs have stolen cars, broken into nearby homes, and used drugs.

After hearing this testimony, neighbor German Berrio told zoners he has twelve grandchildren who will no longer be able to play in the back yard next to the proposed facility. "That's going to be the end of my children visiting my home," he protested.

Representing several of the concerned neighbors, Bethlehem Attorney Jeremy Clark argued Atiyeh failed to submit a specific plan of operation. He added that the developer has no track record with drug and alcohol rehabs, and failed to reach out to school officials or neighbors.

"That's a two-way street," answered Malkames, who countered that nobody from the schools or neighborhood had reached out to Atiyeh. He also argued that since a rehab is already a permitted use, opponents would need to show consequences beyond what could be seen at a typical rehab. He has vowed to appeal this decision.

Who Will Succeed Gay Elwell?

Last night, I received a list of six people who may be interested in succeeding District Judge Gay Elwell.

* Easton Code Inspector Sharbel Koorie, aka DJ FlyGuy.

* Easton Attorney Antonio Grifo, daughter of Judge Richard Grifo.

* Easton Attorney Theresa Hogan, daughter of Judge James Hogan.

* Easton Attorney Tim Prendergast, son of former State Representative Jim Prendergast.

* Constable Lance Wheeler, Northampton County's former lead court officer.

* Easton City Controller Tony Bassil.

They might succeed her, but they'll never replace her.

Malkemes v. Malkames

Attorney Mark Malkames has been spending lots of late nights before Bethlehem's Zoning Hearing Board. Representing developer Abe Atiyeh, he has fought an uphill battle to get zoning approval for voluntary alcohol rehab enters that always seem to be located near a school. At this point, he's cross-examined half the City, but met someone new at the December 10 hearing - Bob Malkemes. Malkemes told Malkames that their names are spelled differently, but the two families are distantly related.

"I think we spell it right," said the barrister.

"We're more handsome," replied the witness.

LU's First Ever Outdoor Menorah Lighting Ceremony

LU celebrates its first outdoor menorah lighting ceremony, thanks to Chabad

On December 10, for the first time in Lehigh University's history, an outdoor menorah lighting ceremony was conducted at Asa Packer Campus in recognition of Hanukkah. Over one hundred people, most of them students with Chabad at Lehigh, celebrated what is also called the "Festival of Lights."

Before three candles were lit atop a 12' high menorah strategically located next to the flagpole at the center of the campus, Rabbi Zalman Greenberg explained why he loves Hanukkah. "No speeches, no synagogue, no sermons, no fasting. All in all, its just a beautiful holiday," he explained.

As his son Menny, age 5, danced by the flagpole, Rabbi Greenberg also related the miracle of this holiday. Some say it is a temple lamp that shined brightly for eight nights though it only had enough oil for one. But to the Rabbi, the real miracle is that a "band of a few Jews" was somehow able to defeat the world power of that time.

Instead of celebrating that victory with a symbol of war or military glory, Greenberg notes that Jews celebrate with a menorah, a "sign of light, a sign of goodness. That is the greatness of the holiday."

Rabbi Yaakov Halperin, who established Lehigh Valley Chabad, was also on hand for the brief lighting ceremony. It was followed by music, doughnuts, latkes and kosher Dunkin' Donuts coffee!

Mandy Freedman (L) who came from Brooklyn, poses with Chabad LV Rabbi Yaakov Halperin

Alex Lass, President of Lehigh Chabad, with Rabbi Zalman Greenberg

Mussie, age 4 1/2, dances with Emily Gallin

Menny, age 5, dances during ceremony

You can see more pictures here.

Bangor Looking at Half Mil Tax Cut

It won't be official until December 27, but little Bangor Borough on Monday night tentatively tentatively adopted a budget for 2013 that will include a half mil tax cut.

Council member Dave Houser credits the "great work" done by boro manager John Kasten.

Panto Rules Out NorCo Exec Race

In a news release today, Easton Mayor Sal Panto, Jr., has ruled out next year's Northampton County Exec race. "While I appreciate the encouragement and support I have received over the last few months, I never considered political office for any other reason other than to assist in the revitalization of the city of Easton,” stated Hizzoner.

Panto added, “I do appreciate the support I received from individuals, former office holders and labor unions and their confidence that I have the skill set to bring about the changes needed to move our county forward.“

I happen to be one of the people who encouraged him to run, but respect and actually admire him for his first love - Easton.

Community service, historic preservation and a desire to make Easton a better place is why he shied away from becoming a Superintendent of a public school district.

“Because of my love of education, a Superintendent’s position would be the only position that could entice me to leave my position in the city.” Panto holds a Master's Degree from Lehigh University in Educational Administration. He is a frequet guest in classrooms, especially with the younger children.

But Panto stated that “our city is on a path of growth and continuous improvement. To divert my attention away from the city at this time would be a disservice to the people who placed their confidence in me during the last election."

Dietrich, Kraft Propose Electing NorCo Row Officers

Council members Ken Kraft and Tom Dietrich are proposing a bipartisan blunder. Since 1978, when Northampton County's Home Rule Charter was adopted, the row officers are appointed positions. Professionalism replaced politics. But now, in the wake of an admittedly bad appointment in the Register of Wills, they want to return to the world of Tammany Hall. Taking a step backwards, they are proposing a change to the Charter that would require all row officers, from Sheriff to Coroner to be elected.

For starters, proposed changes to the Home Rule Charter should really be considered by Lamont McClure's Law and Order Committee. He hasn't bothered to convene a meeting about anything in several years, even though the Charter is crying out for numerous tweaks. Kraft's Personnel Committee should not even be considering this question, but it's on the agenda for Wednesday.

Reform groups like Philadelphia's non-partisan Committee of Seventy have long advocated the elimination of these "barely-understood elected positions that date back a century and a half or more ... ."

First, having six independently elected row offices will just increase inefficiencies and bloat County government. Second, there is no compelling need for an independent Recorder of Deeds or Coroner. That's just nonsense. Third, best practices around the country make clear that these offices function more professionally when they are appointed, based on merit. Fourth, it would increase patronage and nepotism. A newly elected Register of Wills would install relatives and political hacks instead of making sure the best persons are in place. Fifth, there would be a decrease in accountability and transparency. With so many row offices acting independently, it would be far more easy to hide things from the public, Executive and Council. Sixth, this would guarantee the election of whomever is put forward by the ruling party, which is most often the Democrats. Voters will not know who is running for these obscure offices, and will just vote party instead of person.

Disagree? Gerald E. (Jerry) Seyfried, a former Northampton County Executive, Council member and Director of Court Services, weighed in on this topic a few months ago. He changed his thinking about electing row officers, and here's why.

"I, as a private citizen didn't like the idea of losing the ability to elect County Row Office Officials. I later changed my mind. Here's the reasons. Today, Northampton County promotes and compels competitive testing for all these positions. There are 'Career Service Regulations' that are updated periodically to assure that we are getting the best individuals to head these departments. All the positions under the Department head are also filled by testing. Highest test results usually result in getting the promotion. Most of our Department Heads have years of on hand experience. Under the Row Office Election system, it was a popularity contest and the newly elected official gave out the jobs in those respective offices to political hacks. That doesn't happen anymore in Northampton County. There is also a grievance procedure in place for any individual who feels they were passed over for a promotion. There is an independent Board of arbitrators who will hear the case and they have the authority to override the decision of the appointing authority. There are also safeguards as to posting of all test scores to eliminate someone with a low test score being interviewed before someone with a very high test score. Northampton county is the leader in this field. I don't want to bore you with lots of details, but I do want your readers to know that Northampton County has a great staff of employees. Most of this is because we no longer elect 'row Offices'."

I'd agree with Ken that the process might need a few tweaks to give the courts a greater say in appointments to some of these offices. But let's not destroy a system designed to encourage professionalism over politics.

Rogue Deputy: Where's Our OT For Hurricane Sandy?

Before I get started, I should tell you that, one-on-one, Northampton County Deputy Sheriff Tom Bachik is very personable. Just like me! He's a good father, and his son is a great shooter on his Nazareth Middle School basketball team. In a few years, you'll be seeing that name on the sports pages. But when it comes to public sector unions and the public image of Deputy Sheriffs, Bachik is a one-man wrecking crew. He makes them all look like greedy pigs. He proved that again at last Thursday's Council meeting.

Years ago, it was Bachik, along with a few other deputies, who had a hissy fit over payments for high school football coverage. After he had finished his rant, he and those same few deputies could be heard in the hallway outside, screaming like little kids.

Executive John Stoffa solved their problem. He banned deputies from providing coverage at any more high school games.

More recently, it is Bachik who managed to piss off the entire court - all nine judges - after accusing them of playing favorites. That's something even I have never been able to accomplish. They actually issued an order banning him from their courtrooms. When Sheriff Randy Miller refused to tell the judges to pound sand, Bachik started a movement to have him fired. In addition, he wants the Home Rule Charter changed to make the Sheriff an elected position. That way, he can install some of his public sector union buds. The hell with professionalism.

The Express Times awarded Bachik and his pile of monkey nuts a turkey for that little stunt. "[T]hey should remember who is working for whom."

The latest incident involved Hurricane Sandy, which by most accounts is the worst storm to hit this area since we began keeping records. Northampton County went into emergency overdrive, and people like Emergency Management Director Bob Mateff were working 'round the clock.

When the Red Cross activated a shelter for people without power, it had to be manned 24/7 by Deputy Sheriffs. Sheriff Miller asked his Deputies for help. They agreed and were there, but have not been paid the overtime they thought was promised.

So Bachik, who was relatively restrained for once, went before County Council to complain. He knows they can't do a damn thing about a labor dispute, and he said as much before he started. But he plowed on anyway, essentially calling Sheriff Miller a liar. He submitted a letter from their union, but admitted it was actually only signed by about five of them.

He threatens to sue unless he gets his money, damn it.

Sheriff Miller declined to respond to Bachik, but turned about 30 different shades of red, and I thought I saw steam coming out of his ears.

One thing Sheriff Miller wanted in next year's budget was two more part-time deputies.That request went down in flames, probably in no small part due to Bachik's embarrassing behavior.

Other deputies are embarrassed by the guy. "He makes us all look bad," one deputy told me Friday. "He's not representing the union," added another.

A Call to Peace, From Nazareth to Bethlehem

Dimitri Schwartz, at the vanguard, leads the 10-mile pilgrimage

When Joseph and Mary traveled from Nazareth to Bethlehem two thousand years ago, as claimed in the Gospel of Luke, they covered approximately eighty miles. On December 8, in memory of that journey, approximately 150 people made the shorter, 10-mile, trip between Nazareth and Bethlehem here in the Lehigh Valley. Called the Christmas Peace Pilgrimage, it's the 53rd time this group has made the trip, walking with simple star and peace signs. It's an annual reminder of the true meaning of Christmas - peace on earth.

This year's trek, which started at the Moravian Church in the Nazareth Circle at noon, slowly made its way along Route 191 and into Bethlehem, stopping at three churches along the way. It ended, as darkness fell, with Christmas carols at the Central Moravian Church in Bethlehem. Although most participants were from the Lehigh Valley, they included people from the coal regions, Maryland and Ohio.

Some have been making this an annual expedition since the '70s. As Grant Stevenson explains, "Somebody's gotta' be for peace." A sign at First Baptist Church, a rest stop along the way, refers everyone to Christ's message: "Peace I leave with you; my peace I give you. I do not give to you as the world gives. Do not let your hearts be troubled and do not be afraid."

Lanna Melchiorre, Hillary Frigm and John Bergdoll join pilgrimage from Nazareth race track

Nick Butterfield, Tom Stimmet and Grant Stevenson join hike about 2 miles into trip

Russell Fry, age 8, walked the entire 10 miles. 

After three miles, group rests at Trinity Lutheran Church in Lower Nazareth Township

It's a family affair for Bethlehem resident Rick Dow. His wife manned the sag wagon. His daughter forgot the camera.

After 6 miles, Colleen Gahman and Rhonda Mitchell are still smiling

Cindy Yost waves as she makes her way to First Baptist Chruch

Rita Skechus comes from the Scranton area to walk 10 miles for peace

In Bethlehem, pilgrims stop at First Church of the Nazarene for vigil candles

Sgt John Karr, one of Bethlehem's finest, provided traffic control

This is what it was all about - a call to peace

You can see more pictures here.

South Side: A Community That Still Has a Soul

Despite a bone-chilling rain, over fifty people attended a candlelight vigil in South Bethlehem on Friday night, just a few feet from where six people were shot the previous weekend. After a volley of thirty bullets, Yolanda Morales, age 23, is dead. Her killer and another shooter, still hospitalized, have been charged. But that was little consolation to the people who came to wonder why.

Kim Carrell-Smith, a Lehigh University History Professor who lives on the South Side, pointed to the where the shooting occurred and said, "That is not who we are. But this, the community gathering, is who we are. We're the South Side."

Kim Carrell-Smith (L) and Lorna Velazquez (R)

Those attending the vigil included Evelyn Rivera, President of the Puerto Rican Beneficial Society, where a minor argument escalated into a gunfight outside. "There's not much you can do except cry," she said, as her daughter, Jaclyn, consoled her.

Jaclyn Rivera consoles her mother, Evelyn

Police Chief Jason Schiffer, who helped light candles, said his force is proud to partner with a "community that still has a soul." He stated his force would never have been able to piece this together without them. "We're standing here together, and against what happened," he said.

Police Chief Jason Schiffer mourns with the rest of the community

Northampton Community College's South Side Campus Dean, Paul Pierpoint, stated we are all "shocked and saddened at the senseless violence and loss of precious life that occurred on this street." He attributed it to "our current gun culture. None would have died here last weekend if guns were not present." Guns "exacerbate our flaws," he said. "Maybe guns don't kill people. But angry or frightened people with guns far too often do." Pierpoint dreams of an "island" without gun violence. "But it is only a dream so long as our island is surrounded by an ocean of guns."

Bearded Paul Pierpoint listens to other speakers

Twins Brigid and Stephen White, age 9, attend the vigil with mother Sheila.

A saddened State Rep. Steve Samuelson said little, and spent most of his time at the vigil in prayer.

City Council member J. Willie Reynolds, in brief remarks, said that despite geographical divisions, there is only one Bethlehem. What happened last weekend is unacceptable, he claimed.

Bethlehem police help light vigil candles.

Bethlehem South Side Shootout Leads to Charges Against Two Men

DA John Morganelli grew up on the south side

Yolanda Morales, age 23, died in a hail of gunfire during the early morning hours of December 2. She was killed just after leaving the Puerto Rican Beneficial Society, a club located at 205 E. Third Street. Five others are hospitalized. Altogether, six people were involved in the most bloody episode of the South Side's history since the 1910 Bethlehem Steel strike. But unlike the violence in 1910, which involved workers' rights and wages, this fight appears to have started over nothing. "It should have never reached this stage," said veteran District Attorney John Morganelli, who grew up on the South Side himself.

On Friday, Morganelli announced that two of three shooters in this gunfight, both Allentown men, have been charged. Rene Figueroa, age 32, faces homicide and related charges, including the use of a stolen .45 caliber pistol. Javier Rivera-Alverado, age 38, has also been charged with attempted homicide and aggravated assault. Neither man possessed a license to carry.

Both remain hospitalized at St. Luke's Hospital and are under guard.

A third shooter, Orialis Figueroa, age 38, and no relation to Rene Figueroa, will face no charges. According to Morganelli, he was defending himself and others. "His actions may have saved other lives that night," stated Morganelli.

Am incidental bumping inside the Puerto Rican Beneficial Club is what led to the shooting, according to court documents filed by Bethlehem police.

None of the participants in this firefight are club members, but were there for an "open night."

The two charged shooters - Rene Figueroa and Javier Rivera-Alverado - were at the club together and were concerned by another group that was supposedly eyeing up Rene Figueroa's gold jewelry.

This other group consisted of Orialis Figueroa, who was at the club with his brother, Angel Figueroa, age 35, and his nephew, Luis Rivera, age 24. Orialis was also accompanied by his girlfriend and her friend, Yolanda Morales. They are from the Easton area.

Lieutenant Mark DiLuzio, Criminal Investigations

Orialis Figueroa bumped into a group of men that included the charged shooters, and words were exchanged. One of them threatened him, saying, "Te voy a Disparar" (I'm going to shoot you.")

After the threat, Orialis Figueroa decided to leave, and waited at the club's front door for his girlfriend. Because the club was ready to close, and she would likely leave with a crowd that included the same people who threatened him, Orialis retrieved a baseball bat from her car for protection. But as he turned around along the sidewalk, he was ambushed by Rivera-Alvarado.

Pointing a handgun at Orialis Figueroa's head, Rivera-Alvarado taunted him and fired several shots into his legs.

Just as this happened, Yolanda Morales and Angel Figueroa approached. Rivera-Alvarado turned and fired at them, too. "I'm hit," said Morales. Rivera-Alvarado then turned and shot Luis Rivera.

While Rivera-Alvarado was turned, Orialis Figueroa, despite his wounds, managed to strike Rivera-Alvarado in the back of the head with the baseball bat. Rivera-Alverado collapsed to the ground.

Orialis Figueroa took Rivera-Alvarado's handgun and went to assist Angel Figueroa and Yolanda Morales. Rivera-Alvarado's friend, Rene Figueroa, was trying, with a handgun he had taken from his waistband, to get a clear shot at Angel Figueroa. Yolanda Martinez inserted herself between Rene and Angel Figueroa. Rene Figueroa just shot her. After that, he gunned down Angel Figueroa and began shooting at Orialis Figueroa, who was returning fire.

Rene Figueroa then ran back into the club and ran around the metal detector in all the chaos, giving his handgun to someone to hide for him, after which he collapsed from his wounds. Bethlehem police found it inside the club's bathroom. It has been reported stolen from Jones Gun Shop in Allentown. They continue to search for the person who hid it. The other handgun was retrieved from underneath the hood of a car.

In addition to witness statements, Bethlehem police have retrieved surveillance video from the club. District Attorney Morganelli praised them for their "excellent job piecing this together." He has assigned prosecution of this case to First Assistant DA Terry Houck.

According to Morganelli, it is too early in the prosecution to say whether the Commonwealth will seek the death penalty against Rene Figueroa.

Rene Figueroa has faced criminal charges before. In 1999 and 2006, he was charged with several firearms offenses, and entered pleas. In 2004, he entered a plea to drug offenses.

NorCo Adopts No-Tax-Hike Budget, Looks For Repeat Next year

With minor amendments, Executive John Stoffa's no-tax hike budget was adopted tonight 8-1, with the sole dissenting vote coming from Tom Dietrich. This was more or less expected. But Fiscal Affairs Director Doran Hamann supplied the surprise of the night when he predicted there will be no need for one next year, either. He did caution, "We don't know what's going to happen in the next 365 days."

According to Hamann, this is for three reasons. First, the County has begun using its self-insurance fund to pay benefits. Second, it borrowed money to pay off part of the swaption instead of dipping into reserves. Third, as a result of bond refinancing, it was able to avoid a debt service payment due on October 1.

Hamann was proud to report that the County has managed to retain its AA bind rating.

But there are still clouds on the horizon.

Hamann noted that Gracedale, the County-owned nursing home, is in need of "Major repairs." Council President John Cusick noted that the County will still be paying $4 million for operations at nursing home next year. Despite a private management firm, it continues to lose money.

In addition to Gracedale, Hamann noted that 2/3 of the County's revenue comes from the state and federal governments. The state, in particular, has made substantial reductions in payments for human services.

Council President John Cusick noted that, despite a declining tax base, the annual pension cost next year will be $12.5 million. Fifteen per cent of the County's real estate tax revenue will have to pay for the pension.

In addition to these concerns, the County is looking down the barrel of $19.6 million in bridge replacements and repairs over the ext three years, which will almost certainly require a bond. Council member Lamont McClure argued against including these cost projections in the capital plan, but Cusick countered, "Repairing bridges has been a core function of government since the Roman Empire."

This budget appears to include (I'm not entirely sure) an across the board 2.25% wage hike for its non-union staffers.

Here's a sampling of some of the wages:

position	2012       salary	2013 salary
county council solicitor	$50,124	$51,252
controller solicitor	$18,360	$18,773
county solicitor	$55,533	$56,782
first ass't cty solicitor	$47,268	$48,332
ass't cty solicitor (4)	$40,686	$41,601
assistant das (7 pt)	$43,377	$44,352
chief public defender	$55,399	$56,646
first ass't public defender	$55,260	$56,503
ass't public defender (14)	$43,377	$44,352

Full-time Assistant DAs and public defenders will have a salary that ranges between $61,901 and $92,080, depending on years of service. Cabinet level officials will be paid between $81,594 and $121,373.

Northampton County's Shrinking Tax Base

In 2012, $85.9 million in real estate tax revenue was budgeted. But last night, when Northampton County Council adopted its no-tax hike budget, they had to revise their real estate tax revenue projection downwards, from $85.37 million to $84.97 million.

It's going the wrong way.

According to President John Cusick, that's a first for him. "Some of you might want to think about reassessment," he suggested.

Karl Longenbach to Resign as NorCo Solicitor

Karl Longenbach Resigns as NorCo Solicitor

Gay Elwell's Funeral Arrangments

Easton Eccentric has the details.

Att'y Blake Marles Argues Against Single Waste Hauler in Bethlehem

After several years of watching municipal bodies, I can tell you with some certainty that you'll be hard put to find a better advocate before them than Bethlehem Attorney Blake Marles. He's a good guy to have in the foxhole with you. His patrician appearance alone will give your cause gravitas. He knows the Municipalities Planning Code inside out, and prepares.

Isn't that cheating?

Sterner Sanitation, a fourth generation trash hauler with 3,000 customers in Bethlehem, has retained Marles to represent their interests in connection with Mayor John Callahan's proposal to centralize trash collection under one hauler. His most troubling argument, at least to me, is that the City may lack the legal authority to take a slice of the single hauler contract to help pay for its underfunded pension. He calls it "legally suspect."

Here's the letter he sent to Bethlehem City Council:

Marles Argument Against Single Waste Hauler in Bethlehem

Voters May Get Last Word on Allentown's H2O Privatization

The Lehigh Valley's three cities have all been stung by a budget-busting pension crisis. So in Easton, Mayor Sal Panto pushed through an unpopular commuter tax that he himself hates. In Bethlehem, Mayor John Callahan is the midst of a full court press for a single trash hauler and the money it brings into City coffers. But compared to Allentown, this is penny ante stuff. In the Queen City, Mayor Edwin Pawklowski wants to unload his water and sewer systems with a long-term lease. With $150 million, he'll be able to fund that pension debt and build every city employee a man cave to boot.

Environmentalists have concerns. Will water quality suffer? One of the bidders has purchased water elsewhere to supply to frackers. Will rates skyrocket? In power points and video, Pawlowski insists that won't happen, but many of his usual supporters are skeptical.

One of these supporters is "Camera Dan," or Dan Poresky. He, Glenn L. Hunsicker, Glenn S. Hunsicker, former Controller William Hoffman, and former Council member Michael Donovan have formed a petition committee to give the voters a direct say in this question.

As a rule, I tend to oppose direct democracy, sometimes called initiative and referendum, especially on complicated matters like this. People let their emotions, and not the facts, dictate their votes.

But this is Allentown, where democracy is dead. Three of its seven Council members have not even been elected. Of its 63,806 registered voters, it took just 7,908 of them - a scant 12.4% - to elect Edwin Pawlowski to his second term as Mayor.

Instead of a democracy, Allentown is an urban growth regime in which politicians and select members of the business world co-opt each other, not for the benefit of the community, but to advance their own business interests.

So in this instance, I'd support giving the voters a direct say in the privatization of its water supply.

Poresky and friends have already announced they have enough signatures, but that means nothing unless the City Council Clerk agrees. Last night, I was surpprsed to learn that he does.

Poresky's announcement follows:

The Petitioners Committee that was formed October 12, in response to Mayor Pawlowski’s attempt to privatize Allentown’s water and sewer system, received notification December 4, from City Clerk, Michael Hanlon, declaring that petitions submitted to him on November 28, by the committee, have been declared sufficient. Sufficient is a term used in the city charter meaning that the petitions have met all legal requirements.

One hundred-one petitions containing over four thousand signatures were submitted to the city clerk on November 1. The petition asks that City Council establish an ordinance that requires the city to go to the voters for authority to sell or lease any city property or asset valued at $10 million or more.

According to Mr. Hanlon, the initiative will be introduced at the City Council meeting December 21. Council then has 60 days during which it can act. According to Section 1007 of the Home Rule Charter, Council has three options. It can pass an ordinance consistent with the intent of the initiative. Council can also choose to decline to create an ordinance or do nothing. In either of those two instances the initiative goes to the voters as a ballot question in the May election.

Dan Poresky, a member of the petitioners’ committee stated, “We encourage council to adopt the initiative as an ordinance without delay. Doing so would require any proposed water/sewer lease agreement to go to the voters as early as May 2013."

Poresky says, “The petitioners' committee is preparing action to prevent the city from finalizing a lease agreement until their initiative becomes an ordinance. The ordinance could be created either by Council’s action in the next couple of months or, should they not do so, then by a successful ballot question in the May 2013 primary election.”

Dent Naturalization Bill Passes U.S. House

Congressman Charlie Dent is no friend to undocumented aliens, but has nevertheless pushed a bill through the U.S House that opens a door to citizenship for those who are serving our country. Here's what his office syas.

Today the U.S. House of Representative adopted H.R.6223, a bill introduced by Congressman Charlie Dent, removing hurdles faced by individuals classified as Legal Permanent Residents who are providing translation, interpretation and security services to the Department of State or at our embassies.

Under existing rules, these dedicated individuals are unable to become naturalized citizens due to the fact that the vital services and duties they are rendering America overseas preclude them from meeting the residency and physical presence requirements of individuals who desire to become citizens. (Individuals who want to become naturalized citizens are required to maintain a continuous physical presence in the United States for one full year.)

Currently, for example, a Legal Permanent Resident, who desires to become an American citizen, but serving at our Embassy in Iraq providing security protection to Department of State personnel would be unable to meet the residency and physical presence requirements necessary for them to realize their goal of citizenship.

“These dedicated individuals are doing America a great service, often under dangerous conditions and in highly volatile environments,” said Congressman Dent.

“As Americans we know it is unfair that people who so greatly wish to become American citizens should be penalized bureaucratically while they are making critical contributions to our country in the war against terrorism across the globe,” said Dent.

The positive impact of Congressman Dent’s bill, should it become law, will certainly be felt by at least one resident of the 15th Congressional District he represents.

George Bou Jaoudeh, from Bethlehem, is a Green Card holder of Lebanese descent. He experienced a disruption of his naturalization process because his work – with the Department of State in Iraq providing security for diplomats – prevented him from maintaining a one-year long continuous presence in The United States. Bou Jaoudeh performed with distinction while in Iraq. Ryan Crocker, our Ambassador at the time, credited the Bethlehem man with saving his life on more than one occasion.

Representative Dent thanked and praised Representative Lamar Smith (R-TX), Chairman of the House Judiciary Committee for the role that Chairman Smith played in helping move the sensible measure through the House. “This could not have been achieved without Chairman Smith’s assistance,” said Congressman Dent. Dent had first introduced this bill in 2010.

For his part, Chairman Smith was glad to be able to help usher this bill through the House:

“I thank Congressman Dent for his work on this bill that honors the legal permanent residents who serve the United States in critical capacities in some of the most vulnerable parts of the world. This important bill makes a common sense change to our immigration laws to facilitate their path to citizenship.”

Senator Pat Toomey (R-PA) has introduced a companion bill S.3643 in the Senate.

Molovinsky, Morganelli & TR on Gun Violence

If you talk to the Mayors of any of the Lehigh Valley's three cities, you'll hear that crime is a really just a "perception" problem. Things are fine. Really! But Northampton County District Attorney John Morganelli has a different view.

He called a news conference on Monday, in the wake of a weekend of carnage in Northampton County. Easton just had its fifth homicide of the year. And in a South Bethlehem shoot-out, five people were seriously injured and a woman was dead

Morganelli spoke of the "night people," a culture of young "macho" males who use guns to "take care of business." While he stated that Bethlehem and Easton are still safe cities, he adds this caveat: "When it gets past midnight, it's not a good idea to be walking anywhere." At another point, he said, "A lot of these crimes occur after midnight."

Blogger Michael Molovinsky, who has been visiting gun stores in recent weeks to sell his target shooting guns, has noticed they are "now full of very light weight, highly concealable, high caliber pistols, supposedly sold for i>defense." He also notices that our lenient LTC laws "now permit anybody a gun, for any or no reason."

Why is this happening?

Bigots will claim that this is what we should expect from those people, whom they will call "animals."

But Theodore Roosevelt, of all people, is the person who predicted this, on October 14, 1912. He was running for President at the head of the Bull Moose Party, had just finished one speech and was on his way to another. While standing to waive to the crowd, a man armed with a Colt .38 shot the Trust-Buster in the chest.

Instead of listening to his friends and going to the hospital, Roosevelt insisted on delivering his next speech. "[I]t takes more than that to kill a Bull Moose," he told the crowd.

Now for the prediction.

"Friends, every good citizen ought to do everything in his or her power to prevent the coming of the day when we shall see in this country two recognized creeds fighting one another, when we shall see the creed of the "Havenots" arraigned against the creed of the "Haves." When that day comes then such incidents as this to-night will be commonplace in our history. When you make poor men - when you permit the conditions to grow such that the poor man as such will be swayed by his sense of injury against the men who try to hold what they improperly have won, when that day comes, the most awful passions will be let loose and it will be an ill day for our country."

Roosevelt was half-right. Violence is becoming all too commonplace. But as Michael Molovinsky told me in a conversation yesterday, the "Havenots" are not just taking on the "Haves." They're attacking each other, too.

Steve Barron, Controller or Union Organizer?

Some people never learn. Northampton County Controller Steve Barron is one of them.

In 2010, Barron marched on T-Mobile's Lehigh County call center with union organizers, demanding to see the customer service VP, making sure to tell him that he's the Controller, damn it. When a security guard turned him away, Barron asked the guard to tell the VP "that if he needs anything from Northampton or Lehigh County, we're going to remember this day and we'll make sure that it will be part of the negotiations."

So he used the authority of his office to threaten someone. Barron was censured by County Council and awarded an Express Times turkey, but T-Mobile eventually decided to pull out of the Lehigh Valley, taking 600 jobs with them.

I guess he showed them.

Fast forward two years. Steve Barron is a guest on Business Matters, defending teachers' right to strike, claiming they "made me become the person that I am today."

Since he managed to fail the Pa. bar exam and was rejected as a "fraud expert" in a recent criminal case, I agree.

But amazingly, Barron acknowledged during the program that he assists union members and business agents during contract negotiations with the County. And on a publicly broadcast television show, he accused Northampton County of repeatedly lying during contract negotiations. Here it is, in his own words:

"The big problem I have is when I have union members and business agents who come to me as the Northampton County Controller, and say, 'Are we being given a fair deal? Can you open up the County books for me?'

"And then I show them what we have in our coffers, and what we're spending, and what goes in and out, and I say, 'Boy, I think you guys can do better.'

"They were lied to by the management. They weren't told the full financial story of the County, and that disturbs me quite a bit. And it happens - several unions on more than one occasion."

I was unaware that Barron was elected as business agent for the unions. I thought he was the people's Controller.

Executive John Stoffa watched Barron von Footinmouth in action, and has asked for an explanation:

"Steve, last night I watched Business Matters. During this show, I thought I heard you say that this administration or someone in it had "lied" about County finances. Is this true? If so, who was it? Doran? [Director of Fiscal Affairs] Tom Harp? [Director of Administration] Pat Siemiontkowski? [Director of Human relations] When did this occur? This is a serious accusation to make against someone, especially on a local television show. Unless you can prove this allegation, you owe the accused an apology. It is so preposterous to me that you would even say something like this when all fiscal records are available for public scrutiny and are audited to death. Did I mishear what you said?"

Maybe Barron von Footinmout will address it during the next Council meeting. He likes to monopolize Courtesy of the Floor, a time that should be reserved for regular citizens.

AVL: Making Do With Less in Bethlehem

Over the last three years, in the face of a looming pension crisis, Bethlehem Mayor John Callahan has reduced the size of his workforce by 69 people over the past three years. Yet they're getting more done. How is this possible?

I'm sure there are several answers, but one of them is a system called Automatic Vehicle Location, or AVL.

Here's how that works. The City installed tracking devices in each of its vehicles, and has installed software enabling it to track all of them on a dynamic real time map, as well as reviewing operations over the past thirty days.

Once that was installed, road crews immediately become more efficient.

Pre AVL, a street sweeper did 20 miles per day. Now it's 28. Pre AVL, a city truck could mount 17 Christmas trees per day. Now, it's 30. Pre AVL, a leaf collector did 18 miles per day. Now it's 22.

This is a product of Callahan's Continuous Improvement (CI) innovation, in which City employees brainstorm and come up with ideas that improve efficiency.

Northampton County Loses Another Starter

The original miserable bastard

Like me, my father was an alcoholic. He'd be fine for weeks, sometimes months, and then would just disappear. He might stop at the office for a few minutes, but by the time I got to it, the only trace left of him would be the smoke from a dying Pall Mall cigarette, curling its way from the ash tray to the ceiling.

Ordinarily, my father was a beer drinker. But on one binge, he was hanging with a real lowlife - a Catholic priest - and the two of them were drinking Irish whiskey.

After getting sufficiently schnockered at some Bucks County watering hole, my father began making his way home along the lonely and winding back roads. He took a corner too fast and his car catapulted off the road and into a nearby field. Distraught neighbors summoned the constabulary and a state trooper came onto the scene.

Surveying the situation, the trooper asked, "What happened, Barnie? Were you in an accident?"

"No, I'm a fuckin' stunt driver," was my Dad's snotty reply. He was a miserable bastard.

Naturally, he was charged with drunk driving. This was before the days of ARD or other special programs for first offenders. In his lifetime, he had prosecuted them and defended them. Now he was one of them himself. A real expert.

My Dad, who fought over everything else, quietly plead guilty. The judge who accepted his plea and sentenced him to twenty years in the electric chair was Isaac Garb. He sat on the bench in Bucks County at that time.

Despite this, or perhaps because of it, my Dad always liked Garb.

As a Senior Judge in Northampton County, Judge Garb was stuck with my lawsuits concerning the $111 million bond. He ruled against me in two suits, although I did manage to get him reversed on one for a pyrhhic victory.

I liked Judge Garb, too.

He was a no-nonsense bastard who still took the time to talk to anyone. Even me.

It's sad that, on the same day that District Judge Gay Elwell died, so did Isaac Garb. Though technically from Bucks County, Garb was a fixture in Easton, and he liked to work.

In one day, Northampton County's judicial system has lost two of its starters.

Gay Elwell: Judge, Lady and Friend

Gay Elwell

She'd kill me if I told you this, but she was always a hottie to me. I got to know her back in the day, when I drank too much and frequented The Garrison Bar. That was the watering hole for young reporters and lawyers. Everybody hit on Gay Elwell back then. You see, in addition to being quite attractive, she had a brain and could hold her own with the best trial lawyers.

In my cups, I am certain I proposed to her several times while attempting tp impress her with my skills at PAC-MAN and ASTEROIDS. She always let me down gently.

GAME OVER.

I remained a buffoon and went on to get my law license suspended. She, like most others, grew up and became The Morning Call's Northampton County Courthouse reporter, succeeding the great Peg Rhodin.

Matching Peg Rhodin would be an accomplishment for anyone, but Gay was not finished. She went on to become a District Judge, and a pretty damn good one at that.

She made one mistake. She remained my friend, even though I gave her ample reason to deny ever having known me. When I started blogging, she actually helped, shooting me an email now and then to point out my numerous spelling and grammatical errors. You see, she was still a writer.

And a voracious reader. I bumped into her at The Easton Public Library every week. I'd grab historical biographies, while she preferred trash. Must be why she read my blog.

Her brother went missing a few months ago, and I know that really ate away at her. But she put on a brave face. "Cheers, my dear. Keep your chin up," she'd tell me as I complained about this and that.

Easton has lost a good front-line judge with lots of common sense. I call them mini-judges, but they are often the only thing that prevents an urban area like Easton from breaking out in riots.

I, and many others at the courthouse, have lost a friend.

I'll miss you, Gay.

NCC Wants to Double Campus Housing

Mardi Closson, NCC's Dean of Students

At Northampton Community College's sprawling campus, twelve apartments and a residence hall provide housing for about three hundred students. But by the time school starts in 2015, college officials would like to double its housing component. That's what Mardi Closson, the College's Dean of Students, told Commissioners at their December 3 meeting.

Closson, along with Attorney Bill Murphy and Facilities Director Mark Culp, pitched the expansion before a receptive Board, arguing that this would actually reduce traffic to and from the campus. She added that there already is a long waiting list for housing, which is determined by weighing distance, grades and disciplinary problems.  The college is the only facility in the state that offers funeral service education, and one of few offering a dental hygiene program. She denied any plans to convert from a two-year to a four-year college.

Commissioner Tom Nolan, who lives near the campus and has opposed expansion in the past, told College officials he is now sold. by their "good track record" and "history with the Township."

Agreeing, Commissioner Marty Zawarski noted there are only 11 incidents per year with police. He did, however, complain that college students crossing Green Pond Road to the main campus are "wearing blinders," and don't stop for or notice traffic.

President Paul Weiss, noting that 89% of Northampton Community College graduates remain in the Lehigh Valley, stated that the college "has been a good neighbor."

After getting an informal green light, college officials will now pitch their expansion to the Planning Commission in January.

Bethlehem Township Balks at 2.5% Increase in Engineering Fees

Comm'r Marty Zawarski

Bethlehem Township Commissioners unanimously tabled a proposed rate increase in engineering fees at their December 3 meeting. The Pidcock Company, which provides engineering services, has proposed a 2.5% rate increase next year, under which the hourly rate for professional services would vary between $48 and $108 per hour. Its current rate schedule has been in place since January 2011.

"With the state of the economy, I can't see that the engineer raised its bills at this time," complained Commissioner Martin Zawarski. He also groused about the mileage being charged, noting that Pidcock is located near Route 309, a forty mile round trip from the Township. "There are very, very good engineering firms within ten minutes of here," he observed.

Rather than outright reject the proposed rate increase, Commissioner Michael Hudak suggested reaching out to Pidcock to ask for an explanation. "We don't really know why a rate in crease is being proposed," added Commissioner Phil Barnard.

"I'm on the fence with this, noted President Paul Weiss, who would also like to hear from Pidcockk

Although he went along with tabling the pay hike, Commissioner Tom Nolan cautioned that changing township engineers is a "monumental task." He added that most of their fees are charged to developers, not the Township.

Would You Like to Be King Edwin's $2500 Sugar Plum?

According to the 2010 census, 23.9% of Allentown's population is below the poverty level. The average per capita income is a scant $18,143. When King Edwin solicits $2500, or 14% of this small sum, he's being a pig. There's just no other way of putting it.

Clearly, he has no interest in Allentown's residents, but is instead courting the movers and shakers he thinks will take him to the next level.

People like Marcel Groen, for whom Hizzoner rammed through an unpopular trash to cash boondoggle. Or NIZ developer J.B. Reilly, who can build another indoor basketball court in his Upper Saucon palace.

But not the people who actually live and work there.