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Friday, September 11, 2015

Despite Federal Prosecution, Allentown's Contract Review Bill to Collect Dust

Jeanette Eichenwald and Julio Guridy want more
oversight over city contracts. 
The spirit is willing, but the body is weak. Even when I am fit, I suffer from sciatica now and then, and this has been a bad week. So I missed out on Glenn Geissinger's Congressional kickoff on Tuesday at Big Daddy's, one of my favorite restaurants. And last night, I bailed on an Allentown City Council Committee that was supposed to look at a reform bill proposed by Allentown's very own Iron Lady, Jeanette Eichenwald. It would give Council more oversight over contracts. I wanted to be there, especially in the wake of a federal guilty plea yesterday afternoon that ties Allentown Mayor Edwin "Fed Ed" Pawlowski to a scheme to deprive the citizens of Allentown of their right to honest services. That should be a wake-up call to City Council. But amazingly, the City Council Committee is sending it forward with "no recommendation."

I like Robert Trotner's running Facebook account. It appears to be surprisingly objective, while maintaining the spontaneity of a person who was in the mix of things. The Morning Call's Emily Opilio has a report as well, and I'd recommend both.

Trotner's running account is as follows:

Joe Davis says he has a problem in that city council has to approve the contract rather than review it. He doesn't like that. Julio Guridy responds that one public hearing is all that would be needed unless there are outstanding issues. It is agreed that council will use as its criteria the 14 point procedure already in effect that Pawlowski was supposed to be following. Eichenwald says Parts E and F cover the point. Glazier says this procedure only covers purchase orders and Eichenwald says "purchase orders" is another term for contracts. Glazier agrees but says the bill only covers notice of purchase orders. He wants to clarify, but wants to dilute the scope of the bill with the suggested language. He also says he wants to amend the bill to say all purchase orders/contracts should be given automatically to council. Davis says we should be clear that negotiations before a contract should be private.

Glazier and Davis are concerned that if council rejects a contract everything has to be started from scratch and then we would miss a deadline and then penalty provisions would somehow apply. Eichenwald points out that if council denies a contract there would have to a sound reason. Also if the administration knows they will be reviewed they will make a better effort than previously done and that in Bethlehem they say that because of this council has never had to reject a contract. Julio Guridy points out that in Easton, Mayor Salvatore J. Panto Jr. also says they have never had to reject a contract either. Glazier and Davis contend that this bill just adds an extra layer of unnecessary bureaucracy when it's clear the mayor follows all the rules already.

I think Guridy, Eichenwald and possibly O'Connell are for this but the other three are against it so far.

O'Connell speaks approvingly of parts of the measure. He thinks the threshold of $40,000 is too high but he's willing to accept it. Eichenwald says she wanted a lower figure too but wanted to make this acceptable to more of council.

Glazier asks Clerk how many contracts would be over $40,000. Clerk says this would cover about 3/4 of all contracts.

Guridy asks if there a women enterprise or small business enterprise special provisions now affecting contracts. Clerk says there is a point reward system now. Guridy wants the statute to give points for that. Glazier thinks we should stick to the text and not go too far afield (even though he wants to amend just about everything else).

Jeff Glazier just said this pay to play legislation does not negatively implicate the administration because he says the administration never abused the privilege. Jeanette Eichenwald vigorously objected and pointed to today's DOJ indictment. She asked Glazier how he could say that. Glazier answers by saying the law makes it easier to decide time sensitive decisions. Julio Guridy says there is a recognized procedure in the statute to prevent that.

Glazier ... says we need to hear from solicitor ... . He's trying to wait for solicitor's opinion to delay after its already been vetted by Bethlehem solicitor and we're the only third class city that doesn't have that.

Tom Hahn questions whether this hits pay to play. Eichenwald says bill 58 to be discussed next is the pay to play bill. Hahn asks, who didn't do their job that this became a problem. He's talking about the controller. Glazier says we just never did it for some unknown reason and that was before his time He says we have to wait fir investigation of the mayor to be done to know what to do. Eichenwald says the Incinerator consulting fee would never have been paid ($1 million).

Glazier says state law (I assume for state grants) requires that the time line between entering into a contract and starting work has to be within a certain time and requiring council approval might result in monetary fines by the state. I'm not sure but I think that's what this is all about.

Kristian Andersen says based on his work with a large forensic accounting firm shows that you need a third party consultant to tell the city how much you should pay before the contract is let. That saves time and money. Glazier and Eichenwald listened intently .

Rich Fegley is here, I just noticed, and will probably speak. Lou Hershman says the contract should come before the council as a resolution and Glazier says that's the way it works. He says since the administration wants the contract to be approved there may be an important negative element that may be hidden. Glazier says no more discussion. Davis recommends the bill be sent to council with no recommendation. This seems to be what Glazier anticipated before the meeting, this was his plan. He wants a full solicitor review and since there are Jewish holidays there will be a substantial delay in a solicitor review. Motion to advance with no recommendation passed unanimously by Davis, Guridy, and Glazier. The bill will be on next Wednesday's council meeting agenda. Eichenwald says she is upset by the delays and will give them one more chance but her patience is wearing thin. My question is why the bill was assigned to Glazier's finance committee and what this has to do with budget and finance.

Thursday, September 10, 2015

Ramzi Haddad First to Fall in Allentown Pay-to-Play Investigation

Ramzi Haddad, an entrepreneur whose name regularly appears on campaign finance reports, is the first to fall in Allentown's pay-to-play investigation. This is what defeeral prosecutors have to say. Public Official #3 is obviously Edwin Pawlowski, the Allentown Mayor who was ruinning for the U.S. Senate.

PHILADELPHIA - Ramzi Haddad, 45, of Bethlehem, PA, pleaded guilty today to an information charging him with one count of conspiracy to commit bribery offenses, announced United States Attorney Zane David Memeger. After accepting Haddad’s guilty plea, U.S. District Judge Juan R. Sanchez scheduling a sentencing hearing for December 18, 2015.

During the guilty plea hearing, Haddad admitted the following:

The defendant was an entrepreneur who had business interests in Allentown, including potential contracts with the City of Allentown and the actual and prospective ownership of properties which were regulated and overseen by governing authorities in Allentown, including Public Official #3, who represented the City through an elective office. Public Official #3 aspired to win election to a statewide elective office. To achieve this goal, Public Official #3 knowingly sought campaign contributions in exchange for official actions that he took, attempted to take, and caused and attempted to cause the City of Allentown to take.

After repeated dealings with Public Official #3, the defendant concluded that he was intentionally acting against the defendant’s economic interests while favoring the economic interests of Public Official #3’s major donors and political allies. Concerned that Public Official #3 would otherwise interfere with and block his projects in Allentown, the defendant further concluded that the only way to receive a “fair shake” from Public Official #3 and public officials subordinate to him was to give Public Official #3 items of value, including food, drinks, and campaign contributions. Consequently, the defendant agreed to make contributions to the various campaigns of Public Official #3 when Public Official #3 or his campaign staff solicited campaign contributions. By December 2014, the defendant had explicitly agreed to give campaign contributions to Public Official #3 in exchange for certain official actions that the defendant expected from the City of Allentown. Over the course of the next few months, the defendant made numerous donations in exchange for certain official actions that he expected from the City of Allentown.

On April 17, 2015, Public Official #3 formally announced his candidacy for another elective office, this time for a position in federal government, during a campaign finance reporting period which would end on June 30, 2015. Before making this announcement, Public Official #3 had told the defendant about his plan to run for the federal office, explained his strategy of maximizing contributions prior to the end of the June 30 reporting period, and asked the defendant to raise money for the federal campaign by bundling his own contribution with the contributions of others. The defendant ultimately agreed to raise $25,000 for Public Official #3’s federal campaign before the June 30 deadline.

On May 18, 2015, Public Official #3 traveled from Allentown to New York City in order to meet with the defendant and discuss the official “help” that Public Official #3 could provide in return for the contributions that the defendant would raise for Public Official #3’s federal campaign. In consideration for the defendant’s fundraising commitment, Public Official #3 agreed to intervene with municipal inspections of one of the defendant’s buildings in Allentown.

On June 29, 2015, the defendant delivered to Public Official #3 approximately $15,000 in checks, all made payable to the federal campaign. Public Official #3 reminded the defendant of his pledge to raise a total of $25,000, advised that he bundle additional checks and “back date” them to a date prior to June 30, 2015, and restated his own ability to take official action which could affect the defendant. The next day, the defendant delivered to Public Official #3’s campaign staff two checks, totaling $6,500, both made payable to Public Official #3’s federal campaign. These checks were intended to replace a previous check which the defendant had delivered to Public Official #3 the day before.

As part of his agreement with Public Official #3, the defendant, at Public Official #3’s request, also paid for the food and beverage bills when the two met to discuss the defendant’s business interests. During the course of exchanging campaign contributions for official action by Public Official #3, the defendant and Public Official #3 made numerous interstate phone calls and traveled between states, typically between New York and Pennsylvania. Public Official #3 took numerous steps to destroy or avoid creating any records that would show a linkage between his official actions and campaign contributions from donors such as the defendant. For example, on June 29, 2015, Public Official #3 instructed the defendant to immediately delete from his mobile telephone all text messages constituting evidence of the defendant discussing potential municipal contracts with Public Official #3’s campaign staff.

Haddad faces a maximum possible sentence of five years in prison, a $250,000 fine, three years of supervised release and a $100 special assessment.

This case was investigated by the FBI’s Allentown Resident Agency, the Pennsylvania State Police, and IRS Criminal Investigations. It is being prosecuted by Assistant United States Attorneys Joe Khan and Nancy Beam Winter.

You can read the criminal information here.

Development Expected in Allentown Federal Investigation

An informed source is telling me to be on the lookout for a development today in the federal investigation into Allentown's pay-to-play practices. That is all I know.

Fed Ed Wants Schools to Pay For Crossing Guards

It's no secret that the Allentown School District is among the most financially disadvantaged in the country. Given that 27.8% of its population is living below the poverty level, that's no surprise. No matter how many rebirths or hockey arenas are built, Allentown will remain the black hole of the Lehigh Valley until its school system has enough money to educate its children. But amazingly, Allentown Mayor Edwin "Fed Ed" Pawlowski wants its struggling schools to share more of the costs of running the City, despite having been paid $211.3 million for the lease of its water and sewer assets.

Though he can now take baths in other people's money, Fed Ed had a meeting with school officials on Wednesday and told them they have to start bearing the cost of school crossing guards, something that most cities do without hesitation.

Fed Ed, who had no problem paying $1.4 million to developer Abe Atiyeh for land the City does not need, somehow kept a straight face as he told school officials the City is unable to afford the $8.75-9.75 per hour paid to school crossing guards.

What about your "rising tide lifts all boats" argument in support of the NIZ, Fed Ed?

Pawlowski told school officials he's in a deep hole this budget season, and has spent all the water and sewer money. He wanted them to agree to take it over right then and there. Believe it or not, these administrators allowed Fed Ed to bully them and offered to kick in $100,000, even though they have no idea how much money they'll be getting from the state. Not only did Pawlowski reject this offer, but he doubled down and threatened to pull all school resource officers unless they agreed to his demands right then and there.

Allentown School District representatives left. "This Mayor is trying to balance his budget on the safety of our children," complained School Board President Robert Smith. "He needs to resign. Shame on him for trying to blackmail the school district."

Updated 11 am: Blogger Michael Molovinsky has his own perspective and is reporting a $9 million budget gap in Allentown.

State Prison Going to the Dogs?

Pennsylvania's State Prison system is quite literally going to the dogs, but for a good reason. A dog training program is being introduced at Hautzdale SCI in December, and another program is under way at Pine Grove. The Labs, who sleep in a cell with their training partners, are trained at the prisons for about 18 months, are mostly used to assist people with mobility issues.

Wednesday, September 09, 2015

Try Opinions Online

Opinions Online is now a regular Saturday feature. If you'd like to express your opinion on any topic, click on the Opinions Online button on my left sidebar. You can also call 385-325-2564. In addition to these submissions, I am taking some comments from throughout the week and re-publishing them here. My idea for this comes from a Central Pa. newspaper, where it is popular enough to have some urging it be banned. Whether it reaches this level here depends on you. So far this week, I have just two comments. No one has tried the phone.

Bethlehem Tp Wants More Pipeline Details

Unlikely, but possible
An engineering firm that was expected to make a PennEast presentation to Bethlehem Township Commissioners this month is instead being requested to take a second look at its conclusions.  Solicitor Jim Broughal advised the Board at their September 8 meeting that he needs more than the firm provided.

In March, Carroll Engineering was hired to research the possible impact of the PennEast Pipeline. That's a high pressure, 114-mile long proposed natural gas pipeline, which will extend from Wilkes-Barre, Pa. to Trenton, N.J.  A formal application with the Federal Energy Regulatory Commission (FERC) is imminent. Carroll's study is being sent back to the drawing board.

Broughal complained that Carroll needs to do more than point our risks with which the Township is already familiar, like sinkholes. He also wants to know how to ameliorate them. "They ought to give you some idea on how to mitigate risks," agreed Township Engineer Brian Dillman.

"The pipeline is going to go through some clearly populated areas," Broughal said, right after bluntly noting that the blast area of a possible explosion would extend 900' along either side of the pipeline.

That's one way to solve the development and storm water problem in Bethlehem Township.

In other business, Officer Troy Abelovsky was appointed Corporal in the Police Department. He's a 14-year veteran who was among the three highest who tested for the job. But he was not the highest. Chief Dan Pancoast recommended his appointment anyway because of his longevity and the "support of supervising officers." But Pancoast was absent from the meeting. "That makes me feel uneasy," said Hudak. "I would have liked to have had a reason from the Chief."

To Tom Nolan, it made no difference because "all three candidates can perform the job." Nolan, along with Marty Zawarski, Phil Bernard and Pat Breslin, voted to appoint Abelovsky. Hudak was the lone dissenter.

Commissioners also voted unanimously to approve a formal subdivision of the Central Moravian Church at Nazareth Pike and Christian Springs Road. This opens up two tracts to the Natural Lands Trust for recreational purposes. It provides a spiritual retreat center for the Church. Last, but not least, it provides for a much-desired easement providing access to Housenick Park, which is adjacent to the Natural Lands Trust. These were all once part of Camel's Hump Farm, which was established by Bethlehem's first Mayor, Archibald Johnston.

In a busy but brief meeting, Commissioners also voted 4-0, with Hudak abstaining, to adopt an ordinance classifying bamboo as noxious vegetation subject to restrictions. They also authorized manager Melissa Shafer to use EMEX, an online auction site, for the purchase of electricity and natural gas. Shafer told Commissioners she can save them some money. Finally, they voted to hire ENITECH Engineering for architectural and engineering services related to the Community Center.

DA Morganelli Has Taken $107,800 From Drug Dealers Over Past Year

Northampton County District Attorney John Morganelli's Drug Forfeiture Program has seized $107,802.56 in money and property from drug dealers over the twelve months ending in June 30, 2014. This includes $101,830 in cash, $5,459.66 from the sales of 12 forfeited vehicles and $512.90 in shared proceeds from Attorney general forfeitures.

Since 1992, when Morganelli started this program, more than $2 million has been seized. The money is then poured into local police departments, block watch groups, training and even helps pay the salary of a prosecutor.

Under state law, the District Attorney is authorized to seize money, cars and even real estate used to facilitate the drug trade. It is done by a civil action against the property itself (in rem) instead of its owner.

"The message that we want to send to those who deal in drugs is a simple and clear one," said Morganelli. "Be assured that you are doing it at your own risk. When we catch you we will seize your money, your house, your vehicle and any other ill gotten gains from your drug dealings. Drug use and drug dealing in Northampton County will be very unprofitable."

He credited Kristine Blake, Chief Prosecutor of the forfeiture Division, and Attorney Rick Santee for their work.

Morganelli only uses his forfeiture powers against actual drug dealers. "We don't take a house if, unbeknown to you, your son is dealing drugs," he explained.

That's in start contrast to Philadelphia, where homes are seized even when owners are unaware that drug deals are taking place inside. A civil rights suit filed last year remains unresolved, although the DA has agreed to stop barring homeowners from seized properties until the case is heard by a judge. Commonwealth Court Judge Dan Pelligrini has called it "little more than state-sanctioned theft.”

State senators Mike Folmer and Anthony Williams have introduced legislation that would require a criminal conviction before an asset can be forfeited.

Bethlehem Tp Fire Marshal Angela Kelly Caught Swearing

Marty Zawarski administers oath to Angela Kelly
There's a new Marshal in town. Fire Marshal, that is. Marty Zawarski, President of Bethlehem Township's Board of Commissioners, swore Angela Kelly in at the September 8 meeting.

A cum laude Fire Science graduate of Columbia Southern University, Kelly has been employed by Bethlehem Township since January 2014. She also serves as Assistant Commercial Construction Official, Fire Inspector and is the Emergency Management Coordinator.

Local fire marshals are authorized to investigate fires, obtain and execute search documents, take evidence, and detain and question in the process of establishing origin and cause.

She resides in Perkasie with her husband, Jason, who is "very proud of Angela for all she's accomplished." She's been a firefighter there since 1997, and also sits on the Zoning Hearing Board. "This is a large community that's experiencing a lot of growth," she said of Bethlehem Township. "I hope to be a part of it."

Blogger's Apology to Angela Kelly: I promised her I'd be nice, but couldn't resist that headline.  

Tuesday, September 08, 2015

Pretrial Services Recommended Klingle's Bail Reduction

Richard C. Klingle, the man currently accused and incarcerated for abducting and raping a Nazareth woman, was out on bail for having raped that very woman just a few months before. Some are blaming the judge, though I have now confirmed that he merely accepted the recommendation made by Northampton County Pretrial Services. Technically, it was not a reduction, but an Order authorizing Defendant's release after posting 10%.  It is important to keep in mind that this defendant, or any defendant, can seek the services of a bail bondsman, post the bail and not be under pre-trial supervision.  

Pretrial Services has an excellent record. Its fugitive rate was just 0.73% in 2011, so I'd be inclined to accept its recommendations.

Under Pennsylvania law, Defendants are entitled to bail for most offenses. Factors a Court should consider in determining the amount are the nature of the offense and likelihood of conviction; the Defendant's work history; his family relationships and the length of time that he and his family have spent in the community; the extent of his criminal record; whether he has appeared in the past; and his reputation and addictions.

Based on Klingle's bail hearing on August 7, it appears that Pretrial Services had a legitimate basis for concluding that Klingle presented no flight risk. Given the fact that there was a previous relationship between Klingle and the victim, it's possible that this prosecution may have had some weaknesses. Nevertheless, Assistant DA Bill Blake was opposed to a reduction in bail based on the facts as they were known to him.

Below is a transcript of the bail hearing.

THE COURT: Call your first case, please.

MS. REYNARD: Mr. Klingle.

THE COURT: You may report.

MS. REYNARD: Yes, Judge. Mr. Klingle is here today seeking a bail reduction. His bail is currently set at $25,000 without the privilege of 10 percent. His criminal charges that were filed by the Nazareth Borough Police Department of aggravated assault; recklessly endangering another person; simple assault, two counts; rape; involuntary deviate sexual intercourse; sexual assault; aggravated indecent assault, two counts; kidnapping to facilitate a felony; and unlawful restraint. Mr. Klingle has been in the custody of the prison since July the 12th. A preliminary hearing has not yet been held.

Mr. Klingle's a local -- local fellow, resides with his mother, sister, and the defendant's daughter, five-year-old daughter, at [address redacted] in Bangor past 17 years. He works, Judge. He works at Pen Argyl Pizza for the last year, high school graduate, plenty of family in the area. He is the primary physical -- has primary physica1 and legal custody of his five-year-old daughter.

He does have a record, Judge, and let me go over that with you. He has a simple assault back in 2010, in which he was released on unsecured bail and appeared for all the proceedings. It was a nine-month probation sentence until later on that year when he got charged with a felony, possession with intent to deliver cocaine, and he was sentenced to 6 to 23 months, and then he got a 4-and-a-half to 9-month sentence on the probation hit. So those are the two most serious cases.

THE COURT: What was the date of that?

MS. REYNARD: That was back in 2010, so he has since concluded his supervision with all of those matters. There was a D.U.I. in 2012, and there is some pending motor vehicle charges in Monroe County that he has to deal with involving not having an interlock. He had two D.U.I.s that were both pled out as first offenses, so that's his criminal history.

He has made bail in a majority of his cases except the felony in which he was detained anyway. So he's made bail in the past, and I can report he appears for everything. He works. He has these family ties. The allegation involves a girlfriend, and he was arrested approximately 36 hours after the incident.

If Your Honor would like to review the affidavit rather than me trying to explain it?

THE COURT: Okay.

MS. REYNARD: Judge, I'm going to make a recommendation that involves some change here. I'm going to suggest that the modification be allowed to 10 percent required --

THE COURT: What was the original bail?

MS. REYNARD: 25,000. Third-party surety, obviously no contact with the victim, and random urine screens to ensure sobriety.

THE COURT: Commonwealth?

MR. BLAKE: When is the preliminary hearing set for?

MS. ARIFAJ: It is scheduled for September 2nd at 1:00.

MR. BLAKE: Judge, I think in light of the nature of the charges and the factual allegations, considering his criminal
history, I would request that bail remain the same until such time as the preliminary hearing has been completed. Then it can always be revisited.

MS. ARIFAJ: Your Honor, a lot of what I'd be saying would be highlighting a lot of what Ms. Reynard already highlighted to the court. He does have connections to the community. He does have a work history. He has a history of showing up for his court dates. Again, his next court date is not until the beginning of September. I would ask the court to grant the 10 percent bail.

THE COURT: Mr. Klingle, I'm going to accept the recommendation. I'm going to set your bail at $25,000, 10 percent cash deposit, third-party surety. Should you post bail, you are to have no contact with the victim and submit to random urine tests, remain under pretrial supervision until your case is disposed of. And the basis for granting that is the fact that on past occasions you appeared, and I don't believe you're a flight risk.

THE DEFENDANT: Thank you, Your Honor.

MS. ARIFAJ: Thank you, Your Honor.

(The proceedings concluded.)

Allentown Homeless Fundraiser - "We Need a Miracle"

Eugene McDuffie with Allentown's homeless
Allentown resident Eugene McDuffie wants to reduce the Queen City's homelessness problem. He'd like to establish a community welcome center for the homeless, but before I tell you about that, let me tell you about him. Unlike most on the "First Lady's Commission to End Chronic Homelessness," he was homeless himself for several years, and knows what it's like. He knows what works and what does not  Let me tell you his story.

McDuffie's Story

I've always heard that being homeless adds years to you life. Eugene McDuffie, who looks a decade younger than his 55 years, must be an exception. His life includes several years on the streets of NYC, where at age 14 he ran away from alcoholic and violent parents. He also dropped out of school and slipped into drug abuse. For several years, he slept on park benches very similar to the one on which I interviewed him at Bucky Boyle Park. If it was cold, he'd climb into a dumpster, hoping he'd wake up before a truck came.

To survive, he ate out of garbage cans. On his 16th birthday, he recalled seeing a man walk by with a hamburger and just toss it into a garbage can. "That man's garbage was my birthday dinner that day," he told me.

During blackouts, he'd slit his wrists. "I just didn't care about life anymore," he admitted. But somebody cared about him. Thanks to Teen Challenge, he turned his life around. After learning how to eat regular food again, he got his GED and also spent several years at a bible institute. He got a college degree in psychology, located to Allentown, and worked at three different jobs to provide for his two daughters. He beamed with pride as he described them.

But something was missing.

Allentown's Homeless: "We Need a Miracle"

Mark Matthews was a shopping mall Santa Claus
In addition to writing his story, Missing Love Child, he's been spending a lot of time dealing with Allentown's gang problem. Kids are getting involved with the Latin Kings, the Bloods or the Crips as early as age 11. He has also been volunteering at the jail, where he has taken a religious message to men and women alike. "Every one of those women told me they are homeless," he reported. "We're paying a lot of money for women to stay in jail only to have them come back again."

According to McDuffie, Allentown has done a good job of making some downtown buildings look better. "But the only people who are going to come to this area are the rich," he noted. He cited his own experience at The Hamilton, where a friend recently treated him to a lunch that cost nearly $20.

He'd like to see Allentown use the same energy for its disadvantaged that has been used for the wealthy. Specifically, he'd like to get a vacant factory building and convert it into a community center that could also provide transitional housing, especially for women.

"We need a miracle," he flatly stated.

His calls to State Representatives Mike Schlossberg and Peter Schweyer have gone unanswered. He hasn't bothered with Fed Ed. "He seems a little busy right now," McDuffie noted.

Government is doing what it does best - ignoring those who lack the means to make campaign contributions.

The Lehigh Conference of Churches and Allentown Rescue Mission have demonstrated pretty clearly that they ignore those they are supposed to help as well. Allentown Rescue Mission has no facilities at all for women, and the Lehigh Conference of Churches buries applicants in paperwork until they just give up.

There has to be a better way.

This is what homeless advocates like Diane Teti and Chris and Amy Cocca have been saying for the past two winters.

Fundraiser on October 17


In order to do anything, they need to form a 501c3. But to do that, they have to raise $400 for the filing fee. To that end, McDuffie has scheduled a banquet to help the homeless on Saturday, October 17, from 1 pm to 5 pm, at the Ramada Inn in Whitehall.

If you'd like to attend, or just send a contribution, you can send a check to Eugene McDuffie, 124 1/2 W. Liberty St, Allentown, PA 18102.

In contrast to the misrepresentations made by Miked Fleck about his transition committees, this is NOT a tax deductible contribution. It will be once enough money is raised to form a 501c3.

Stories of Allentown's Homeless

Mark Matthews (bearded) with homeless
advocate Eugene McDuffie 
Though this September is warmer than usual in the Lehigh Valley, we all know that cold temperatures are coming, along with snow, ice and wind. As icy fingers beckon this year's Winter, Allentown's fearless leaders are no further along in combating chronic homelessness than they were two years ago. Government is useless. The Allentown Rescue Mission is a temporary solution, and exists only for men. The Lehigh Conference of Churches, which should be renamed the Lehigh Conference of Hypocrites, excels mostly at drumming up money. The purpose of this series is to introduce you to Allentown's homeless.

Most experts will try to tell you that the homeless are different, not like us. The Lehigh Conference of Churches Hypocrites, for example, commissioned a study to describe them as people who suffer from substance abuse or mental disorders. How they could reach that conclusion without knowing how many people are actually homeless is beyond me. I question whether the purpose of these studies is to ease their own consciences about the shitty job they do in helping their fellow man,

While it certainly seems logical to conclude that many of the homeless might have these problems, the two I met this weekend are no different than your neighbors. They might actually be a little better.

Mark Matthews, a Southern Lehigh grad, camps out on Race Street with four others. This is not far from the Allentown Rescue Mission, and is right across the street from the bus station. The owner of the vacant factory building has let them stay there provided they keep the place clean. They periodically pick up garbage along the block between Linden and Hamilton. No alcohol or drugs are permitted.

Matthews carries a business card that Allentown Police Officer Christopher Hendricks gave him. It contains his social security number, date of birth and other information on the back. He shows this card to other officers when attempt to roust him. Some are fine after seeing the card. Others say they don't care and will arrest him next time they see him. That has not happened. That card has probably kept him out of jail.

Sitting on a cushion, Matthews is very likely eligible for full disability. He has suffered from chronic bursitis since his teen years. After graduating from high school, he began working for North Pole Photo, which brings Santa Claus and the Easter Bunny to many of the malls. He became its artistic director, and played the Jolly Old Elf every year.

Unfortunately, he developed an abscess from the weight on his lap. He tells me it's inoperable because it is located near major arteries. His career as Santa ended prematurely, and there is little else he is able to do physically.

Jonathan Ward has only been in Allentown for three months. At age 22, he's been on the streets for the past six years. He handed me a business card indicating that he is a self-taught photographer and videographer. In fact, he took the picture of McDuffie with Matthews, which is much better than the photographs I took.

Ward was starting a job that very night at Amazon

A woman named Donna stops by from time to time to provide food. She gave Matthews a bomber jacket and got a blanket for Ward. Before he was camped out here, Matthews tells me that Diane Teti gave him a tent, which is being used by two other homeless guys living elsewhere.

As they told their stories, sparrows nearby would join us periodically to eat the breadcrumbs these guys left for them.

Matthews has been homeless for two years, so he went through both of the last two brutal winters. The Allentown Rescue Mission took him in last December. Though the Mission limits housing stays to 30 days, it was extended last year until April 1 because of the harsh weather.

"Do you know what day April 1 was?" he asked.

No.

"April 1 was Good Friday. This religious group started throwing people out on Good Friday. They even threw a few out on Easter Sunday."

They both laughed at the forms-ridden Lehigh Conference of Churches, which refuses to supply basic things like work boots to people who lack identification cards

Matthews said it gets pretty wild on Saturday nights because there are nightclubs in the area. He talked about a recent Saturday night in which three women pulled into the bus station barking lot and urinated. When they turned around they were embarrassed to see five homeless guys, across the street, grinning at them. Matthews said he and his group applauded, and the ladies took a few bows and left.

Who's Minding the Store in Nazareth?

On July 12, Nazareth Police Officer Fred Lahovski arrested Richard C Klingle and charged him with a litany of offenses related to the choking and repeated rape of a Nazareth woman. Klingle's preliminary hearing, originally scheduled for July 24, has been postponed until September 21.His bail, which was originally set at $25,000, was reduced to 10% and posted by his mother on August 7. Since then, Klingle has been out. Now he's been accused of kidnapping this woman from her Nazareth residence and raping her again, near Lake Minsi. Before releasing his victim, he swallowed up to 70 pills because he wanted to die. But police have been unable to locate him at this time.

Some of you may have questions about the bail being reduced, and will blame the judge. That would be a mistake. Judges rely heavily on the recommendations made by Pretrial Services. Unless one side or the other disagrees, those recommendations are usually adopted.

My concern is a bit more local. This offense occurred in Nazareth, and at a time when at most, only one officer was on duty. According to what Chief Thomas Trachta told WFMZ-TV69, the victim's mother could hear the struggle and immediately noticed her daughter was missing. But with only one officer on duty, it was easy for this rapist to kidnap someone and just take off.

The one officer with the most knowledge of Klingle, and who talked him into surrendering himself the first time, was apparently never even called.

I would think that when someone is abducted and raped, an "All Hands on Deck" is in order.

Klingle was picked up late Monday night.

Saturday, September 05, 2015

Opinions Online, September 5, 2015

Blogger's Note: Opinions Online is a regular Saturday feature. If you'd like to express your opinion on any topic, click on the Opinions Online button on my left sidebar. You can also call 385-325-2564. In addition to these submissions, I am taking some comments from throughout the week and re-publishing them here.

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Anyone who "puts money on Jim's books" is throwing good money after bad. His own lawyer doesn't want to represent him anymore, and so Jimbo is going pro se like the crazy wench comrade of his that pleaded above that you donate to his cause, and who is on the verge of going to prison herself.

Jim could have shown remorse and gotten himself out of prison early, but he appears to enjoy being a moron and remaining in the company of smelly criminals and rats than in gaining his freedom. He can rot right where he is - sending money will go to no cause other than him paying to use the phone to cry on MezzaCrazy's shoulder.

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check out the mess by lower nazereth park where they are going to build homes looks like a breeding ground for mosquitoes.

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To my fellow drivers out there : I am not a mind reader, so please use your turn signals. Thank you.

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A Parkland HS assistant principal suddenly resigned last week. Morning Call and WFMZ have not reported on it. Times News online (TNonline.com) had a newspaper article and an online article. There apparently is a South Whitehall PD and Lehigh County DA investigation. Maybe you can find out what is going on and report on it. Seems like someone is trying to hide something.

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Noticed Hayden Phillip's website mentions nothing about the tax increase he championed for John Brown last year. Wonder why? He will be at a tea party event Friday night. I wonder if anyone asked him about it.

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Northampton county prison b4 hot water was thrown on the officer but the whole block has been locked down since. Everything taken from them. Don't u think the person who did this should be punished not the whole block. They have been understaffed every time I try to visit I can't because they're locked down due to that matter. The inmates are acting out bc there always locked down when they shouldn't have to be. But I think it's wrong to make a block block suffer locked down 24/7 since the day of the incident and still continuing.

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Hokie Joe's brother Pokie Joe says;
Today in County Government, Almost all jobs are very skilled or highly technical in nature. They are specialized in that they require higher levels of job skills and knowledge in speciality fields. I'm not talking about the clerk who takes a payment across a counter, I'm talking about the employees who deal with peoples lives and very well being. I'm talking about issues in the drug and alcohol field, aging, children and youth, the court system. When these people make mistakes, lives are affected in a very negative way. These people usually require some college and higher education as well as technical training. these people are very poorly paid for what they have to do.

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I work in the Lehigh Valley with many young engineers and similar technical professionals in their 20s and 30s. Responsible men and women earning good salaries. Since many have come here from other areas, we talk a lot about the different areas to live in the Valley. They pretty much all live either in Lower/Upper Macungie or the north side of Bethlehem. Some are homeowners but most aren't. None of them have any interest in living in the NIZ. Comments range from "you go a couple blocks away and it's a ghetto" to "sure, it's nice to have a lot of restaurants next door, but a $45 steak and a few $12 martinis every other night aren't in my budget. I'd rather drive 2 miles for $2 taco night at the Bethlehem golf course."

Other than a few hipsters, I don't understand who these apartments appeal to.

Friday, September 04, 2015

A Northampton County Employee

Last night, on my way to a meeting, I was approached by a Northampton County worker I never met and did not know. I'll keep her name out of this or what she does. But I was so impressed that I want to tell you a little bit about her. She's a college graduate who has worked for the County for over 20 years. She administers a program that requires a great deal of independence and effort. But she is paid so poorly that she has to work two part-time jobs to be able to provide for her children. You see, she is at the top of her scale. When others get raises, she gets a pat on the back.

She told me this with no bitterness or animosity. She seems genuinely happy with her life and all three of her jobs.

Incidentally, she is the norm, not the exception.

Atiyeh Approved For Residential Complex On Linden Street

Colorful and controversial entrepreneur Abe Atiyeh had three matters scheduled for Bethlehem's Zoning Hearing Board on Thursday night, enough to prompt an early start to what promised to be a long evening. But when the meeting started at 6 pm, he had already continued hearings for a billboard variance near Route 378 and an assisted living facility on Pennsylvania Avenue. The only matter left was a plan to convert the former Moose and Bug nursery, located at 2349 Linden Street, into eight single family attached dwellings. After a lengthy hearing, the Board unanimously approved Atiyeh's request for a rare zoning use variance. But they imposed conditions to address concerns raised by residents during a lengthy hearing.

Three years ago, Atiyeh wanted to convert the nursery into a 47-bed drug and alcohol treatment center. That went nowhere. Following a lengthy and crowded meeting filled with complaints about the possible danger to a nearby elementary school, zoners unanimously panned that proposal. He had nowhere to go but up.

Prominent Bethlehem zoning attorney Jim Preston methodically went through the plans for eight single family attached dwellings on two three-story buildings (35') with the required parking on an existing lot in front of the building instead of at the rear. David Harte, Atiyeh's in-house engineer and right-hand man, explained that there would also be an emergency fire lane next to the parking lot, with room for a firetruck to turn around.on the 2.1 acre lot. He also pledged to replace a gravel area with grass.

Linda Shay Gardner was skeptical, noting that Atiyeh purchased this property knowing

Harte testified that several attempts were made to continue running the business as a nursery, but they all failed. The unusually shaped property is also encumbered by several utility easements, which limit the ability to develop. Harte's contention was that single family attached dwellings are "absolutely appropriate" and consistent with nearby apartment buildings and Linden Townes Condos.

The most serious concern was raised by Brent Pondelek, whose family once owned this and several other nurseries. His home is located just eight feet from where one of the three story buildings is proposed. "I'll look out my window and see a brick wall," he complained.

Speaking for the Linden Towne Condos, Robert Malkames noted there are no sidewalks. He worried about the public safety to children on their way to and from school, especially since the complex is located on a private road leading from Linden Street. But peter Terry, a traffic expert, testified that the traffic created by this development will be about one-fifth what someone could expect from a functioning nursery.

The one question that Atiyeh's witnesses were unable to answer? What if the homes don't sell? "Could this become apartments?" asked neighbor Timothy Mason.

"We have not made that decision," responded Harte.

In granting relief, zoners incorporated recommendations made by the Planning Commission. They also are requiring that the building be spaced at least 25' from Pendelek's home.

Chairman Gus Loupos recommended that Harte continue consulting with the neighbors. Loupos missed the last two meetings, but presided over 3 1/2 hours of testimony. "I told the doctor I couldn't afford to miss another hearing," he joked.

Atiyeh relied on Harte and Preston, and was absent.

In other business, granted a dimensional variance to Jerry Moore so he can build a new home on the footprint of an existing home at 67 E. Garrison Street. But they delayed a Gaspar properties' proposal for four apartments at 413-415 Buchanan Street, which served for many years as the heart of the Jolly Joe Timmer empire. No one is certain whether there's one building there or two.  

Thursday, September 03, 2015

Bethlehem to Close Saucon Park to One and All

Unless you have a permit, you're not getting in on weekends. In response to complaints that it's unfair to allow residents to continue using Saucon Park, the City has decided to limit access to anyone but those with a permit.

From Bethlehem: Starting at dawn on Saturday, September 5th, 2015 officers will be stationed at each entrance to the park in order to prevent entrance to the park. This policy will be enforced through the weekend and until dusk on Monday, September 7th, 2015 at which point normal park operations will resume throughout the week.  Starting at dawn on Saturday, September 14, 2015, the park will be open only to pavilion permit holders and their guests through the weekend.  For the remainder of the picnic season, the park will be open from dawn until dusk during the week and open only to permit holders on the weekends.  Anyone interested in renting a pavilion call the number below or access the city’s website at www.bethlehem-pa.gov.  

 

We appreciate your cooperation and understanding as we continue to address the ongoing situation in Saucon Park.

 

          For additional information, please contact Ralph Carp, Director of Parks and Public Property at 610-865-7080.

Nazareth To Suck It Up, Cupcake, on its 275th Birthday

This could only happen in Nazareth. At this time last year, Nazareth was the laughing stock of Northampton County. Upset over tiny postage stamp-sized "FT" stickers that sought his ouster, Chief Thomas Trachta launched a full-scale investigation, chained and shackled three suspects, perp walked them, and then lost his case in court because he had no evidence. Magisterial District Judge Jackie Taschner told him to "suck it up, Cupcake!"  Now the entire Borough can do so. Free cupcakes are being offered to anyone who wants them after the parade.

Last time I offered Nazareth Borough Council cupcakes, they ended up in a trash can. 

I hear the ones being passed will be marked "FT."

The Parade starts Saturday, September 12 at Nazareth High School at 2 pm and winds its way through the town. The Mayor was looking for convertibles from which borough council members can wave at the unwashed masses. 

The big question is whether the Sticker Gang will crash the parade. I think they'll be on horseback.

Orloski Asks DA To Dismiss Shula's Crooner Case

Should Lehigh County DA Jim Martin dismiss all charges filed against James Ochse, the Allentown crooner who was bodyslammed by an Allentown cop for daring to sing in front of the gentrified NIZ crowd? That's what noted civil rights Attorney Rick Orloski thinks. He fired off a letter yesterday, asking him to "personally review" the matter and withdraw all charges.

Such a decision would be smart for everyone. Allentown police can claim it was a misunderstanding. Martin has come under some unfair flack for a very justifiable defamation action against WAEB and others. This could make very clear that part of his duty as the county's chief law enforcement officer is to protect the rights of others.

Across the river here in Northampton County, DA John Morganelli has on his own dismissed charges filed against antiwar protesters who were charged with trespassing at the Palmer Post Office. He dumped a goofy prosecution brought by a Washington Township cop who charged a resident for daring to fly the American flag upside down. He even reduced some serious charges brought against "Nature Dave" when he walked into a bank with a sign saying, "You're being robbed." Nature Dave was making a political statement, but he scared some people.

Ochse had no political agenda. He was simply singing, exercising his right to artistic free speech.

In the meantime, this Nazareth cop is in serious trouble for singing into his dash cam.

Wednesday, September 02, 2015

Saucon Park Open to Bethlehem Residents Only, Starting Labor Day Weekend

Frm City of Bethlehem. - Starting at dawn on Saturday, September 5th, 2015 residents will need to show valid proof of residency (Driver’s License, utility bill, etc.) to officers stationed at each entrance to the park in order to enter the park. Pavilion permit holders will display their permit and guests of permit holders will be required to provide the last name of the permit holder to the officers stationed at each entrance. This policy will be enforced through the weekend and until dusk on Monday, September 7th, 2015 at which point normal park operations will resume.

For additional information, please contact Ralph Carp, Director of Parks/ Public Property at 610-865-7080.

Keen Discusses Jail Conditions

Yes, Dan Keen really is that big!
News that a corrections officer was recently assaulted at the jail, coupled with reports of melees, prompted some questions to Corrections Director Dan Keen yesterday. There's a serious manpower shortage at the jail, and it takes its toll on weekends. Executive John Brown is exploring a switch to 12-hour shifts, along with doubling the number prison academies.

Q) Have physical standards been relaxed for for corrections officers? - The physical requirements have not been relaxed. They have been modified to simulate what an officer may face on a daily basis within the jail.

Q) Is there a plan to persuade corrections officers to agree to 12-hour shifts? - Looking at any schedule change, the current schedule has built-in overtime which provides officers every other weekend off, regardless of overtime. The union and the Administration are scheduled to meet with a Mediator in the near future to discuss schedules.

Q) Can you tell me when approximately you expect to be at full strength? - I am anticipating another academy class by the end of September. This class should place us in a position to continue to operate the facility more efficiently.

Q) Are there rolling lockdowns, (i.e. staggered lockdowns of portions of the jail)? - Due to operational needs, it is possible to have rolling lockdowns in the jail setting. We have lockdowns for many reasons: searches, fights, mass movements, or even at minimum staffing to reduce overtime due to staffing and the schedule of the officers having every other weekend off.

Q) Was Sunday's incident related to a lockdown? - No. An inmate became upset with staff as a result of an informal misconduct warning, which led this individual to become combative and throw hot water on an officer. This situation is still under review/investigation.

A year ago, these questions would have gone unanswered. Yesterday, they were answered almost immediately. That is an encouraging sign of transparency in the John Brown Administration.

Updated 12:00 pm: Training Time For Corrections Officers Reduced by 65%

Improvements in hiring practices have reduced the time it takes to train a new Corrections Officers from approximately twenty-five to eight weeks. Keen called it a "team effort" invoving both the Administration and corrections officers. "The goal is to reduce the amount of time it takes to hire new qualified Correction Officers and increase yearly the number of new Correction Officers Academies," he explained.

Keen lauded changes to physical agility testing, claiming they are more in line with more in line with potential real-life scenarios experienced by Correction Officers. These changes include: sprints up and down stairs, maneuvering through obstacles, carrying and holding weight over 100 lbs. A one year waiting period for those who fail the test has been removed. Applicants are able to retest during testing periods.

In the most recent testing period, 47 of 129 129 applicants passed the physical agility test and advanced to the final interview round. . The Department of Corrections expects to successfully complete three new classes in 2015 with the final class anticipated to enroll up to 27 new cadets.

Cupcake Trachta Loses Parking Ticket Case to Bottom-Feeding Blogger

Cupcake Trachta, in the mancave
It's happened again. Nazareth Police Chief Thomas "Cupcake" Trachta has gone down in flames during a court proceeding. Last time that happened, he and his sidekick, Danny Troxell were after the infamous Sticker Gang, Sure of victory, they had already erected a gallows and had 1,000 witnesses under subpoena. But in very short order, a Criminal Defender Dream Team consisting of Gary Asteak, Phil Lauer and Mark Minotti ripped their case to shreds. This time, things were far less dramatic. Trachta had given me a ticket for parking at an expired meter. The Dream Team refuses to represent bottom-feeding bloggers, but I managed to win the case on my own. I think Magisterial District Judge John Capobianco just feels sorry for me.

There's no doubt in my mind that this and several other tickets were Trachta's way of thanking me for some of the stories I've written about him. After poking fun at him during an Executive John Brown news conference in Nazareth, Trachta gave me a ticket for being parked too far from the curb. I was 13" away. He even measured it. He got me. I paid the fine. But there was no way I was going to pay a ticket for parking at an expired meter that had not, in fact, expired.

I got that ticket the day after I broke the news that he and his sidekick, Danny Troxell, had been sued in federal court over the tragic death of Timothy Nixon an African American father of two in a community not known for its African Americans. Come to think of it, they're just getting used to the Irish here.

Trachta testified that he was on his way to some Chief meeting at 9 am when he saw my car, parked on a street. He thought it was possibly disabled or abandoned. When his meeting was over, he checked my rusty and old car again, and decided to write me up for parking at an expired meter. He was subversively telling Judge Capobianco that he was dealing with one of those impoverished townies who give Nazareth a bad name.

But last time I checked, it's no crime to be poor. Many of our teachers, writers, artists and clergy are poor.

I asked Cupcake whether it's a crime in Nazareth to drive a beat up old and rusty car, to which he objected.

"You brought it up," observed Hizzoner.

Trachta had another and bigger problem. There actually was money and time on the meter. When I came out and saw my car, I took pictures. They were introduced into evidence over Trachta's objections that he had no idea when they were taken. I testified that they were a fair and accurate representation of the scene, and I had taken them as soon as I saw the ticket. .

My position was that Trachta is too busy doing Chief things and simply failed to notice that there was money on the meter. He wanted to get me, as he had already done twice after stories making fun of him. But in his haste, he never made sure that I had actually broken the law.

Judge Cap acquitted me, not because he disbelieved the Chief, he claimed, but because I do not usually quarrel over parking tickets.

As Chief Cupcake stormed out, another fellow walked in and I wished him luck, figuring he was next.

"No, I'm not here for a hearing," he told me. "I'm the exterminator." As he began spraying, I cleared out before he got the biggest bug in the room - me.

Should Stormwater Mitigation Be Part of Open Space?

Northampton County's Open Space program consists of municipal park projects, farmland preservation and preservation of environmentally sensitive land. At yesterday's Open Space meeting, Open Space Coordinator Bryan Cope suggested it's time to start thinking outside the box with environmental services that include stream bank restoration, wetland mitigation and flood mitigation.

Scott Parsons agreed that stream bank restoration is "something we really have to look at," and mentioned as an example a bridge on Stockertown's Lefevre Road that was nearly lost as a result of a recent flash flood. "That's what our Act 13 money is all about," Parsons added referring to a fund from fracking extraction fees that can be used for stormwater mitigation.

I suggested that, instead of investing in dubious open space projects like steep slopes and swamps that will never be developed, it's time for the County to lead a regional approach on stormwater mitigation as well as stream bank restoration, which would help improve water qualities.Scott Parsons agreed, and suggested again that is where Act 13 money should be spent.

Open Space Advisory Board members like Isidore Mineo and council member Mat Benol pretty much rejected my suggestion out of hand. Mineo said the Advisory Board exists to preserve significant natural resources, without regard to whether they are developable. Mat Benol blamed the municipalities for developing too much, making stormwater mitigation a "waste of money."

Judith Henckel, an occasional sparring partner with Ron Angle, also slammed the idea of getting into stormwater management. "I'm afraid the natural areas part of the program is slipping away," she opined, arguing that we should be preserving our history, culture and biodiversity. She opposes using open space money for a "public works stormwater management program."

I think we should be preserving people's homes from being washed away every time it rains. Advisory Board members want that money spent on people like themselves, who have spent quite a bit of the county's money preserving their own properties.

Parsons promised to discuss this issue again when his Committee meets in October.

NorCo's Open Space Advisory Board Out of Touch

Yesterday, Northampton County's Open Space Advisory Board met in a meeting with Council's Open Space Committee. They were asked to weigh in on the PennEast Pipeline, and I was shocked at what at leased one member, Bill Mineo, considers important.

Nobody seriously disputes that it's coming. But what should have Northampton County residents concerned is the Bethlehem watershed, which supplies 115,000 people in Northampton County. The latest PennEast route takes it across that watershed at two locations. Bethlehem, the Bethlehem Authority, Lower Saucon Township and Hanover Townships have all agreed to send letters to the Federal Energy Regulatory Commission (FERC) about this route. My guess is that Bethlehem Township will add its voice as well.

But Mineo expressed no concern about its impact on our drinking water. He instead railed about its passage along steep slopes that are conserved in Williams Township. He complained about PennEast re-routing from a path along St. Luke's Hospital without giving "the same type of attention" to land in the middle of nowhere.

I personally believe the County should add its voice to the municipalities expressing concern about the Bethlehem watershed. I see this as the single most pressing issue about the pipeline. Mineo completely disregarded that while making a pitch for rocks and boulders.

The Open Space Advisory Board is out of touch. Though I've just criticized Mineo for his lack of  perspective, I respect his zeal and knowledge. But to be effective, the Open Space Advisory Board needs members who are a bit more open-minded.

There are currently two vacancies.

Care to apply?

Tuesday, September 01, 2015

The Morning Call's Strata Ad

Regular readers of this blog know that this is no place to come for an "objective" accounting about anything. I really despise the notion that anyone can truly be objective. It's a logical impossibility. Sometimes, presenting both sides of a story is unfair because there may only be one side. But for any news source to have any credibility, it must make honesty, independence and accountability its primary goals. Increasingly, it appears that The Morning Call has abandoned those goals. Instead of journalism, it is becoming a content provider for its advertisers. That was very apparent in a weekend story about the Strata Flats above Shula's in downtown Allentown. That's the where crooner Jim Ochse was recently bodyslammed by Allentown's finest for daring to sing Ba-ba-ba-ba-Barbara Ann.

The Internet headline announces, "Few units left in newly opened Strata Flats in downtown Allentown." That certainly creates the impression that the place is selling out fast. That's the impression any landlord would want to create. But is it true?

Not according to blogger Michael Molovinsky. He spoke to a new tenant who told him he has hardly seen anyone else inside the place. He was not required to provide security and even had his rent pro-rated. Molovinsky even thinks that developer J.B. Reilly has brought furniture into some empty apartments to create the impression that they are occupied.

The only way to know whether this place is renting out so quickly is to see J.B. Reilly's books. I doubt those were provided.

Basically, what The Morning call did was provide free advertising for J.B. Reilly.

Was There a Riot at the Jail Last Week? Director Keen Sez No!

Last night, I received this anonymous comment: "Bernie, you really should consider a new story on NCP. John Brown's lack of funding leading to inadequate staffing which is leading to rolling lockdowns, which lead [sic] to a riot on a tier last week that forced the prison to move the inmates into a different part of the prison while they repair the damage from the riot. Just yesterday a prison guard was sent to the hospital after being burned by an inmate because Brown is allowing the prison to rot."

I will try to get some answers today.  I find this comment disturbing enough to publish, but need to caution readers that it might be inaccurate.

Updated 7:30 am: I have asked Corrections Director Dan Keen to tell me what happened at the jail, and will update this post if and when it is received. A reliable source from inside informs me that there was a fight on F tier last week, but it was unrelated to the move. Inmates were moved so contractors can come in and repair showers. A guard did get burned because inmates do not want to be locked in. Because of staff shortages, inmates were locked in most of the weekend. On Sunday they were allowed out until officer dinner time. Then they had to be locked in again because there were not enough officers to cover chow. The inmates got mad and threw scalding water on officer Goldfedder. This blog has been reporting staff shortages at the jail for over a year, and it appears that jail administrators are beginning to see negative consequences. Though the scalding incident has been reported in The Morning Call, administrators had no information at that time on what led up to it.

Updated 11:30 am: Dan, Keen, Northampton County's Corrections Director, was kind enough to update us all on what exactly is going on. Here's what he says. "Thank you for your inquiry and opportunity to provide factual information. On Monday August 24 at 8:30 PM in the F-Tier Housing unit we had a group of inmates fighting each other on what appeared to be over a card game. There was no damage to the unit. The incident is under investigation.

"On Thursday August 27th the inmates that were housed in the F-Tier unit were moved to another location due to scheduled maintenance of the showers.

"On Sunday August 30th there was an officer assaulted in B-4 housing unit and was admitted to a local hospital. He has since been released. We are pursuing criminal charges against the inmate and reviewing the incident."

Mayor Strye Removes Facebook Rant

To his credit, Nazareth Mayor Carl Strye has removed a Facebook rant aimed at unknown enemies who did something to aggravate him. Given what is going on in the borough,  I thought his comment only added fuel to a raging inferno. Although he has every right to vent and is human like the rest of us, I appreciate his willingness to tone things down. That is leadership.

Holy Shit! Centre County is Nuttier Than Northampton!

Next time you think Northampton or Lehigh County is going to hell in a handbag, take a gander at Centre County. District Attorney Stacy Parks Miller, who is already prosecuting half of the County, is suing everyone else for defamation. Her wrath includes defense lawyers, a judge, county commissioners, a county administrator, a former employee in her own office and various lawyers. In a lengthy complaint, she alleges what is essentially a conspiracy to humiliate her and destroy her reputation because of her tough stance on crime, which has embarrassed one commissioner and has led to drug charges against an attorney.

Miller, the first woman to be elected District Attorney in Centre County. She is also suing the county for releasing records that show a disturbing number of phone calls and text messages between county judges and prosecutors in her office.

What precipitated this mess was a fake bail order that Miller used as a ruse to fool a person under investigation for threatening to kill a prosecutor in her office. Miller was accused of forging a judge's name, which resulted in a grand jury investigation that exonerated her.

A number of judges are now unable to hear criminal cases, and Miller has brought Attorney Bruce Castor in as a special assistant DA. He also represents her in the defamation suit.

In the news conference below, she accused commissioners of embarking in a witch hunt against her, and she is also seeking that they be held criminally responsible.

"I hope you print my innocence with the same ferocity with which you printed their lies."

One of the things defense attorneys did was release her private phone number, which resulted in death threats and promises of sexual violence against her.

"Vote those bums out," she said at one point.


Voter Registration Drive in South Bethlehem


A voter registration drive will be mounted at South Bethlehem's Greenway on Saturday, September 12, between noon and 6 pm. You can also register to vote online.

Superior Court Rejects Gregory Appeal

At this time two years ago, my blog was all but hijacked by the cRaZy antics of Jim Gregory and his psycho sidekick, Tricia Mezzacappa. They introduced a host of stange peripheral characters. These included a wife beater, a convicted pedophile and some kook who thought he was in the IRA. Everyone was screaming, "Molon Labe!" Gregory was eventually carted away to state prison, where he's expected to max out in February. Yesterday, the Superior Court rejected his appeal from his criminal convictions in a 17-page opinion written by Senior Judge James Fitzgerald. I thought it might be helpful to summarize exactly what happened, to those of you who weren't playing along back in those days.

Jim Gregory has been in and out of the local limelight since 1985, when he was terminated as a Lower Saucon cop for neglect of duty and excessive meal breaks. Over the years, he's been a state house candidate, Bethlehem City Council President, Bethlehem Mayoral candidate and union activist. After a particularly zany period in which he tried to run down a Governor Rendell bus and hopped a fence outside of City Hall, he found employment in Northampton County. Incredibly, it was as a mental health caseworker. After years of relative quiet, he started getting wacky again in 2013.

In May 2013, Geregory's then girlfriend was granted a temporary Protection From Abuse Act order (PFA) based on allegations that Gregory had "kicked, strangled, and choked her, bit her wrist, pushed 'really hard' on her eye sockets, and prevented her from leaving their residence." He had also sent her multiple threatening text messages.

Before there could ever be a final hearing, Gregory was cited for indirect criminal contempt. Following a hearing on July 3, 2013, Judge Leonard Zito entered a final PFA Order, found Gregory in contempt, and placed him on six months of supervised probation. Gregory was unable to stop himself from making contact and was cited for contempt again on July 13, 2013. This time he got a sentence of six months in jail, but Judge Zito relented and paroled Gregory on August 2, 2103, thanks to the outstanding advocacy of Gary Asteak.

Unfortunately, Gary's good counsel was for naught. Gregory continued to contact his ex-girlfriend in various strange ways, and eventually found himself facing five additional charges of indirect criminal contempt. A fed-up Judge Zito sent him away for 15 to 30 months. Here's what Gregory did:
  • On July 13, 2013, while in the courtroom, he handed a note to his ex through his lawyer. "I loved you at hello,” he gushed as they carted him away,
  • On July 22, 2013, Gregory sent his ex a love note through an inmate. "I loved you at hello,” he gushed again.
  • On August 2, 2013, Gregory sent yet another love note through another inmate. "I loved you at hello.” 
  • On the day after his release from jail, he called her more than 20 times.
  • Gregory also read a message to his ex from his radio show. "I gave you everything you wanted except my heart," he told her. "I didn’t do that, I apologize. You deserve that. If you come back, you’ll get it."
I was a witness against Gregory because I recorded and transcribed that part of the radio show. I made what I believe was a verbatim transcript, and the Court accepted it. Judge Fitzgerald concluded that my testimony was sufficient to authenticate the transcript.

Judge Fitzgerald also quoted, with approval, this portion of Judge Zito's opinion:
[Gregory] had used his considerable intelligence and charm in a manipulative and arrogant manner. The Court rejected his attempt to deflect the blame for his comments during the radio show onto his alter ego. The Court also took a dim view of . . . [Gregory’s] attempt to circumvent the PFA through his fellow inmates.

At his sentencing, . . . [Gregory] handed the letter to [his ex's attorney] in person. The volitional nature of this act is not subject to question. With respect to the phone calls, the Court was entitled to reject . . . [Gregory’s] dubious claim that he had mistakenly dialed [his ex’s] number.

In addition, [his ex] testified that she had received at least twenty calls from the unidentified number later determined to belong to . . . [Gregory]. This volume of calls cannot be attributed to mistaken dialing. With respect to wrongful intent, we observe that . . . [Gregory] has attempted to trivialize his contemptuous conduct. The Court views his repeated transgressions with significantly less levity.

The precipitating event for the PFA was . . . [Gregory’s] unprovoked assault on [his ex]. . . . Thereafter, he continued to violate the letter and the spirit of the PFA. He used his radio show to entreat her to return to him. He enlisted his fellow inmates to write love letters to her. He telephoned her repeatedly from an unidentified number. He even handed her . . . attorney a letter during his sentencing for a prior contempt.
I should point out that the District Attorney's office plays no role in the prosecution of PFA contempt charges, and so advised the Court. Nevertheless, Gregory has had Mezzacappa publish several epistles blaming him. I've been warned to pack my bags, although I refuse to be intimidated by a woman beater.

The one person he refuses to blame is himself.

When he gets out in February, the question is how long will he stay out.

Incidentally, yesterday was also the last day in which Tricia Mezzacappa could seek a review of my defamation judgment against her.  If she has failed to do so, she needs to do one of two things: pay the judgment with interest and costs or hand over the deed to the house she fraudulently transferred to her mother. Failure to do so is just going to make things more expensive for her mother, who has been sued in federal court.

Monday, August 31, 2015

Why Is Nazareth Mayor Blowin' Oil?

Nazareth Mayor Carl Strye blocked me from his Facebook page some time ago for some reason. But a friend has sent me a rant Strye posted there yesterday, battling his foes with sports cliches. Someone better throw him up on a lift and find out why he's blowin' oil. Here's what he says.

There comes a time in ones life to throw up your arms and just give in. NOT ME! I am in it to win it. Throw what you want at me. There is always a bright light at the end of the tunnel and I know how to find it. I will not be intimidated or controlled! Take your best shot and most likely it will be your last.

I'm unsure exactly who his enemies are because he never names them. But he has made few friends among full time Nazareth police officers. He and Borough Council recently fired Adam Shimer, a military veteran and Nazareth resident, just days before his probation was set to expire. Officers from other police departments, many of whom know Shimer, consider him a good cop. They consider this termination "chickenshit" from a Mayor and Council intent on destroying good cops and replacing them with those who will do their bidding and let them know when the next gambling raid is coming and who is working undercover at the clubs.

I cover Hanover and Bethlehem Township for a local weekly. Elected officials there only get involved in police budgetary considerations. They leave police operations to the police. It's much different in Nazareth and many other small communities, where Mayors intercede in matters as minor as a parking ticket and many just happen to be involved in the social clubs.

Nazareth is currently facing three civil rights suits filed by current (Stephen Schleigh, Fred Lahovski) and former (Connie McGinniss) police officers. That alone should send off all kinds of warning signals that something is seriously amiss.

But that's not all.

A civil rights suit has also been been filed over the death of Timothy Nixon, who was battling mental illness and shot himself when part-time Officer Danny Troxell, a full-time wannabe and protege of Chief Thomas Trachta, barged into his apartment building.

Nazareth Police Department and Troxell were sued over the use of excessive force on a man who was repeatedly tased while handcuffed, inside of a police vehicle. That matter was settled prior to trial. (Hendricks v. Swan, et al., Eastern District of Pennsylvania, # 11-cv-7394).

Chief Thomas Trachta and Troxell unlawfully prosecuted three Borough residents for exercising their First Amendment rights by allegedly posting small postage stamp stickers urging the dismissal of Chief Trachta. Magisterial District Judge Jackie Taschner admonished Trachta that sometimes, “You have to suck it up, cupcake.”

Instead of doing that, Trachta next fired school crossing guard Karen Herbst because her husband dared run against Mayor Strye.

Officer Lahovski's complaint, which has survived a Motion to Dismiss, details a series of unlawful retaliatory actions taken by the Nazareth and Trachta. They show an utter disregard for the constitutional and legal rights of residents and some individuals within the Department. Officer Schleig's lawsuit is a mirror image, listing all kinds of retaliatory actions taken against him for union activity, including the refusal to provide a proper uniform.

Now Borough Council did order an investigation into its police department’s operations. But they rejected the report when it came back highly critical of them and the Chief. When I confronted Council over this study, they denied its existence twice during open meetings.

When Nazareth hired Randy Miller as Deputy Chief, I though things would improve. They've grown worse. Now it's a top heavy department with too many chiefs. Miller did nothing to stop the unnecessary termination of Officer Shimer while civil rights violator Troxelll is allowed to come and go as he pleases. He appears to have been brought aboard as a union buster, not a police officer.

Nazareth condones and ratifies violations of Constitutional and legal rights by certain officers and the Chief. They have hired lawyers to scour the sagebush and bayous of southern circuit courts to find opinions friendly to their view, which seems to be that the Constitution has no application in Nazareth. They will fail.

Now that Shimer has been shoved aside, the door is open for Trachta to insert Troxell as a full-time officer.

Against this backdrop, I find it astonishing that Strye is lashing out the way he is.

Very few people are willing to publicly criticize elected officials. Most keep their heads down, while others become sycophants who blow smoke up the asses of these officials, instead of being honest with them.

On Strye's page, one of his cheerleaders actually states, "A lion doesn't need the approval of sheep."

That comment betrays a rather condescending opinion towards the people that any elected officials is supposed to serve. I always thought of government officials as servants, not lions.

Wolves might be a more appropriate word.