Playing Baseball For a Reason

My grandson is livin' the dream this Summer, playing basketball nearly every night at Cedar Beach, at least until football season beckons. I actually left my black bag there one night this week, filled with notes about different stories. When I returned for it hours later, it was still there. These are good kids.

But there's also good kids who volunteer to work with differently abled athletes at the Miracle league. And this weekend, a group Becahi baseball players participated in an All Star Tornament in Limeport, to raise money for cancer research.

Above you can see Joseph Giordano, Patrick Mengel and John Neupauer, along with coach Mike Grasso.

NorCo Democrats Largely Absent From Judge Smith's Induction

When Judge Edward G Smith was sworn in as the 96th judge ever appointed to the United States District Court for the Eastern District of Pennsylvania, it was a victory for the people of Northampton County. For the first time since Judge Franklin S. Van Antwerpen was on the bench, a federal judge will soon be sitting in Easton. But in what I can only regard as a petty display, Northampton County Democrats were conspicuous by their absence during the swearing-in ceremony.

None of the four Democrats on County Council bothered to appear for the ceremony. I also did not see District Attorney John Morganelli, State Representatives Bob Freeman or Steve Samuelson. I did not see Mayors Sal Panto or Bob Donchez or State Senator Lisa Boscola. I did see Controller Steve Barron, but that's about it for the Democrats.

This was a historic occasion that had nothing to do with partisan politics. Democratic judges and lawyers were there in force, but it was disheartening to see so few Democratic elected officials. I understand this Friday afternoon ceremony may have been a conflict for some, but so many were absent that it's hard to escape the conclusion that this was intentional.

With this partisan attitude and petty behavior, I can see why Democrats are losing power.

Not all that long ago, Democratic Council member Bob Werner ripped into Republican Hayden Phillips, claiming that Phillips had distorted open space purchases in Pen Argyl on a radio show. I listened to the tape, and Phillips was accurate. he distorted nothing. Werner has yet to apologize publicly for his public remarks.

Last Thursday, Democrat Ken Kraft ripped into Republican Mat Benol when he simply asked open space administrators to come back and explain the program in more detail. Kraft told Benol he should do this on his own time, like the rest of them. Later that night, however, he asked Lower Saucon officials to explain their open space referendum. Maybe he should do that on his own time.

Lamont McClure wants to engage in government by litigation, and though he's unable to convince four Council members to join him, he has already used Democrat Controller Steve Barron to file a suit.

The only Democrat on Council who has at least tried to govern is Scott Parsons. The rest are playing games.

Updated 1:15 pm: Democrats Deny Slight Intended. - I have spoken to and heard from several Democrats, who deny they intended to slight Judge Smith or make a partisan statement. County Council member called Smith a "great guy", but was tied up at work. Scott Parsons, as most of you know, works in a quarry. Some say Boib Werner was there, though I did not see him. Sal Panto said he received no invitation, and would have come had he known.

So I may have over-reacted here.

Judge Edward Smith: An Officer and A Gentleman

Judge Edward G. Smith was inducted as a Judge of the United States District Court in a stirring ceremony before an overflow crowd at the Northampton County Courthouse on Friday. So many people were crammed into historic Courtroom No. 1 that part of the 600-person audience was forced to watch on closed circuit TV in an adjoining courtroom. Judge Legrome D. Davis, Acting Chief Judge of the Eastern District of Pennsylvania, administered the oath of office to Judge Smith, as one of his three sons held the bible. He was robed by his father.

In addition to Senator Pat Toomey, the ceremony was attended by most of the Northampton and Lehigh County benches, along with many of the federal district court judges.

A Northampton County jurist since he was first elected in 2001, Judge Smith is a 27-year veteran of the United States Navy, where he currently serves as a Captain and as a military judge in the reserve component. His service took him to Iraq, where he was awarded the bronze star.

A Republican, Smith was nominated by President Barack Obama as Judge for the Eastern District of Pa. on August 1, 2013. He had the support of both of Pennsylvania's Senators, and was confirmed in a 69-31 vote on March 26, 2014. He was eventually serve in the federal courthouse in Easton. The Eastern District of Pennsylvania is one of the original 13 federal judicial districts created in 1789. Its first judge was appointed by George Washington. Smith is the 96th in what Judge Franklin S. Van Antwerpen called a "long line of black robes" over the past 220 years.

Unlike county judges, who are elected, appointments to the federal bench are for life.

Judge Van Antwerpen, the last Northampton County jurist to be selected to the federal bench in 1987, explained why. Though the vast majority of cases are heard in the state system; "[w]hen we need it, we have the independence of the federal system and its lifetime-tenured judges." He pointed out that it is the federal courts who struck down segregation and who have upheld the First Amendment rights to free speech against comments that the judges themselves found offensive. He called Smith both an "accomplished jurist" and a "true patriot" who "went to the Middle East at the risk of his own life."

President Judge Steve Baratta, who said Judge Smith will be"greatly missed in Northampton County," struggled to find what he called "Judge Smith stories." But the best he could come up with was someone having spotted him an a lawn tractor, in shirt and tie, cutting his grass.

The FBI, who does background checks on nominated federal jurists, was looking for Jude Smith stories, too. One Saturday morning, they knocked on the door of one of Smith's best friends, Attorney Joe Corpora. While Corpora's wife wondered what the FBI was doing at her door, Corpora came up with an embarrassing revelation about Judge Smith, and one he recorded on video.

Years ago, when Smith's and Corpora's children were much younger, Smith came dressed to his house dressed as Barney the Dinosaur and began singing "I love you."

"Do you know anything embarrassing?" asked the FBI.

"He doesn't sing or dance very well," answered Corpora.

Assistant District Attorney Abe Kassis, incoming president of the Northampton County Bar Association, called Smith an "officer and a gentleman" who "never forgot what it was like as a lawyer." He noted Judge Smith's unfailing courtesy to everyone before him, a hallmark of Northampton County judges. "He could sentence someone to 20 years in state prison and still have that Defendant thank him on the way out because he was so nice about it, " he joked.

"Believe half of what you heard," is what the modest Judge Smith told the audience after taking the oath. He thanked Attorney Ray DeRaymond, with whom he practiced for many years before becoming a judge. "He taught me everything I know," said Smith. He went on to say that everything good that has happened to him has been only because of the good people around him, from secretarial staff to the Sheriffs.

Smith is the grandson of Dr. George Smith, a south side Easton physician who also served as Mayor between 1960 and 1968.

Corbett Shunned by Millersville Grads

Considering the cuts he proposed to public education during his first two years in office, Governor Corbett should hav thought twice about appearing at a state college commencement. But he does look good in gown and cap. 

Source: http://m.lancasteronline.com/news/corbett-gets-silent-treatment-at-mu-graduation/article_e8573dba-f5a4-5115-b123-0c9938d2473b.html?mode=jqm

Northampton County To Help Buy A Golf Course

Do you think it's a good idea to spend $300,000 in Northampton County's open space fund to help complete the purchase of a failed golf course? Northampton County does. A sharply divided County Council voted, at their June 5 meeting to contribute $300,000 toward the $1.775 million purchase of developer Alex Patullo's now defunct Woodland Hills Golf Course, located in Lower Saucon Township. The remaining money will come from the township and state. That's $11,486 an acre. Instead of golf, visitors will use the land for hiking or bird-watching.

This purchase comes from an open space fund proposed by former Northampton County Executive John Stoffa in 2006. County Council then endorsed a half mill tax hike for a "pay as you go" plan that would preserve farmland, environmentally sensitive property and municipal parks.

Woodland Hills Golf Course

"To me, it's a no-brainer," exclaimed Open Space Chair Scott Parsons concerning the golf course purchase. "This is exactly what our open space is about." For the four members of Council who agreed with him, this purchase will ensure high water quality and reduce serious stormwater flooding along Lower Saucon and Easton Roads. But to four other Council members, the public's money is being wasted on a soft landing for a developer whose business plans went awry.

Earlier that week, Open Space Administrator Bryan Cope warned Northampton County Council's Open Space Committee that, unless it purchased and preserved the defunct golf course, Patullo could build a 50-lot subdivision at the site. He claimed plans have already been submitted.

Farmland Preservation Administrator Maria Bentzoni conceded that the property has been on the market for three years. But she said when a developer approaches her to offload some of his inventory, "I'd rather see it preserved."

A similar proposal is being considered in Lehigh County. Upper Saucon Township has been asked to purchase the development rights of the Locust Valley Golf Course for $2.2 million, or $18,000 an acre. But in Upper Saucon, the question will be submitted to the voters, who previously defeated a 1/4 mill tax hike for open space.

In Northampton County, developer Patullo has been delinquent on the tax bill at the golf course, which was scheduled for upset sale last year. The land is zoned  RA, or rural agricultural. But Lower Saucon Planning Commissioner Sandra Yerger told Council that three-acre residential lots are permitted.  Patullo had planned to convert the clubhouse into a tavern, but the Commonwealth Court denied a use variance in 2011. According to Yerger, he's now decided on establishing a religious retreat.

Yerger told Council that an already serious stormwater flooding problem, which was created in part by the golf course, will be exacerbated by the additional impervious coverage that comes with a residential development. But Seth Vaughn suggested that any new development could easily be required to come up with a stormwater mitigation plan as a condition of approval.

"We're not trying to bail out a golf course here; we're trying to prevent flooding," reasoned Lamont McClure.

But to Matt Benol, it is a flooding problem created by the developer. "When townships approve all these developments to go in, and then when everything starts to flood out, now it becomes a taxpayer issue or a property owner issue," he complained. "The current owner created this flooding issue."

Hayden Phillips made clear, earlier in the week, that he is philosophically opposed to spending money on open space at a time when the County is running a structural deficit. "We're not in a position to spend taxpayer money that's not covered by revenue," he reasoned. "We don't have the money."

Parsons and Ken Kraft both pointed out that this project is supported by local residents, who will be paying the lion's share of the cost. They both added there will be no maintenance costs to the county. The Township will allow the golf course to revert to its natural state and use the existing golf cartways as trails.

Yerger added that some of the land may be dedicated to stormwater mitigation.

By a 5-4 vote, The purchase was approved. It was supported by all the Democrats on Council (Kraft, Parsons, McClure and Werner) as well as Council President Peg Ferraro. It was opposed by Republicans Phillips, Vaughn, Benol and Glenn Geissinger.

Steep Slopes Purchases

Council also voted, 6-3, to purchase two conservation easements in what is called the Hexenkopf Slopes Significant Natural Areas, located in Williams Township. Seth Vaughn, who opposed the golf course purchase, supported these acquisitions.

Conservation easements are an agreement to never develop the land, made in exchange for a cash payment.

The first of these is the $86,868 purchase of a conservation easement for 18 acres owned by Kenneth and Barbara Morrow. That's $4,826 per acre in public money, with a County investment of $30,403.80. The Morrows will keep the remaining 2 acres and be surrounded by land that can never be developed.  That land, in turn, is surrounded by land that has already been preserved.

The second matter is the $265,000 purchase of a conservation easement for 57 wooded acres owned by James Koch. That's $4,656 per acre in public money, with a County investment of $92.887.20. This tract includes rocky outcroppings, but also includes agricultural lands and meadows.  

Bob Schmidt, Chair of the Williams Township Land Preservation Board, said both properties are "excellent candidates for preservation."

Bur not to Glenn Geissinger. Earlier that week, he pointed out that the Morrow property is already surrounded on three sides by preserved land, It is also steep slopes, with the occasional vernal pool, known to most of us as swampland.

"My concern is the fact that development of this land would be very difficult," Geissinger remarked.

Municipal Park Improvements

Far less controversial were municipal park improvements for Easton, Bethlehem Township, Moore Township and Bushkill Township.

Easton's Hugh Moore Park. - The County will pay half of the $450,000 cost for improvements that will include an improved entrance, 8' wide walking path, new playground, outdoor classroom, tree plantings and wayfinding signage. The other half is coming from the Hugh Moore Park Charitable Trust. This passed unanimously.

Easton's Nevin Park Fountain. - The County will pay $35,000 of the $146,400 cost for a new fountain to replace the original cast iron fountain that was erected in Easton's Centre Square in 1865 as a livestock watering site. This fountain was dismantled and move to Nevin Park in 1899 to make way for Easton's Civil War monument. During WWII, it was melted down to support the war effort. This fountain is the dream of Easton's College Hill Neighborhood Ass'n, which is contributing 25% of the cost. Benol voted No without explanation.

Bethlehem Tp Municipal Park Fitness Trail. - The County will pay half the $48,000 cost to replace 20 fitness stations at the 1.3 mile paved walking and running trail. Those fitness stations were first installed in 1992. Seth Vaughn called it a "great project". Ken Kraft was the sole No vote.

Moore Tp Community Park Improvements. - The County will pay half the $114,000 cost for the following: two dugouts to protect players during baseball games at McCandless Field ($28,897.50); a 2047' long, 4' wide walkway that parallels a roadway in the park ($40,136.25); completion of the perimeter trail by connecting parking lots with existing trail ($27,460.50); and double seal coating of the roadway ($18,000). Benol stated he has visited these fields regularly as a coach. This passed unanimously.

Bushkill Tp Ballas Tract Improvements at Kromer and Jacobsburg Roads. - The County will spend $137,336.00, or 35% of the cost to extend multi-use trails to Kromer Road. Open Space Administrator Bryan Cope has called Bushkill Tp a leader in the area of open space preservation. Scott Parsons noted this project is within walking distance of the IU 20 school. This money will also help fund a timber truss pavilion, gravel parking lot and add erosion and stormwater control enhancements. This measure passed unanimously.

Blogger's Note: I was not physically present at this meeting, but watched the video and prepared this report from that, as well as my previous report from the open space committee. 

NorCo's FT Controller Steve Barron, Hard at Work

Controller Steve Barron at the job ... at Menchie's

Northampton County's full-time Controller, Steve Barron, was spotted today at 3 pm, apparently auditing Menchie's forzen yogurt shop in Bethlehem, about seven miles west of the courthouse. Just last October, this $65,000 per year elected official was caught sneaking away in the middle of the work day to teach two classes at Northampton Community College. He eventually resigned the teaching job.

When he first ran for office, it is Barron himself who stressed the importance of having a full-time controller.

"I don't think the [county] budget can be managed effectively part time," he told a Morning Call reporter. "When I say full time, I will be there full time."

Now he's managing the full-time budget from Menchie's.

Who will run against Barron next year? I was with Ron Angle today, and asked him. He just smiled.

Seven of NorCo's 11 Unions have No Contract

In stark contrast to the shrinking organized labor force in the private sector, the opposite is happening in government. Northampton County Executive John Brown told County Council at their June 6 meeting that 76% of the workforce is organized labor. What really presents a headache is that there are 11 different bargaining units, each of which requires a contract.

One union contract expired in 2010, and no new contract is in force. Another six labor contracts expired at the end of last year. So at this time, there are eight bargaining units in need of a new contract.

Another two labor contracts are set to expire at the end of this year. The final will end at the end of 2015.

"That will be critical to what we look at from a budgeting perspective overall," said Brown.  

Liberty Says Musical Good-Bye to 624 Graduates

A lone bagpiper

Bethlehem has always loved music. It started with the Moravians. Then there was the Bach Choir. It continues today with ArtsQuest, Musikfest, and ... Liberty High School. Its world-famous Grenadier Band, known to most of us, is only the tip of the iceberg. At Liberty's June 5 graduation, held at Stabler Arena before a raucous crowd of over 4,000, the halls echoed with music. It was as much a musical production as a commencement. As trumpets blasted and bagpipes wailed, 624 students were awarded diplomas. "Life is like a dance," said class speaker Apoorva Mathur. "Every step back leads to a step forward."

Before the actual ceremony, a 60-piece orchestra, dressed in tuxedos and black gowns, serenaded anxious parents and siblings for nearly an hour. Led by Kevin Long, many of the same kinds of instruments which once entertained Colonial soldiers, now drew applause from their 21st Century successors. Suddenly, this orchestra was silenced by the fanfare of a squad of trumpeters, who appeared in a balcony above the main floor. They musically announced, not just the processional of dignitaries like Superintendent Joseph Roy and School Board President Michael Faccinetto, but The Liberty Scholar.

60-person orchestra

Victoria Renew Ricles, who achieved a seemingly impossible 4.88 GPA, was awarded on the floor, before the rest of the students made their way. She plans to attend Lehigh University this Fall, where she will study bio-medical engineering. Her long-range goal is to become a surgeon.

Then came the sound that strikes fear into other schools from all over the Lehigh Valley during football games. The bagpipe. Accompanied by 7 pipe drummers, 21 bagpipers marched and played their way throughout the arena, clearing a wide path for the graduates to follow.

Of course, the Star Spangled Banner was sung, and many in this festive crowd joined in. But then Principal Harrison Bailey III asked for a moment of silence in honor of Liberty alumni who passed away, as well as a student who unfortunately succumbed last month.

After that moment, a lone bagpiper, graduating senior Caleb Geinosky, began to play "Amazing Grace" from the balcony above. After a verse, the remaining bagpipers joined him.

That's not all. A choir performed, and the orchestra played The Armed Forces Medley after senior Emily Cecchini was honored with a Congressional appointment to the U.S. Naval Academy.

The enthusiasm was infectious. Superintendent Roy said his aunt nearly got arrested earlier this year for breaking through a police barrier in the Tournament of Roses Parade so she could take a "selfie" with the Grenadiers. Even his two year old daughter likes to shout, "Go Liberty." Roy thanked parents "for the honor of educating your children."

A touching moment came when Principal Bailey decided to honor a student for his spirit and enthusiasm, and chose Drew Donaher, son of Director of Student Services Dean Donaher. After his son awkwardly made his way to the stage, a visibly shaken Dean Donaher embraced his son.

Twenty-eight Liberty graduates were honored with the "Lamp of Knowledge" for maintaining straight "A" averages during their four years in high school. Eighty-eight students were honored for attaining an "A" average in their senior year. Students were also honored for a combined 68,000 hours of community service, well above what is required.

Student speaker Spencer Harlan called on fellow graduates to "always be childish" in the sense of keeping it simple and being genuine.

School Board President Faccinetto called on students to "find your passion. Find what inspires you." An example of this was provided by Superintended Roy, referring to his two older daughters. One of them is a writer while the other is a social worker for the homeless. "They found their passion," he said.

Originally known as Bethlehem High School, Liberty was built in 1922. Its graduates include Pro Football Hall of Famer Chuck Bednarik, District Attorney John Morganelli, and Bethlehem Mayors John Callahan and Bob Donchez.

The Christmas City Star must have twinkled a few extra times during this wonderful ceremony that represented everything that is right about Bethlehem and Liberty High School.

NorCo Council Meeting Tonight

Northampton County Council's meeting tonight should prove interesting. I am unsure whether all the open space requests will make it through their gauntlet. Hayden Phillips is pretty much opposed to most open space requests. Glenn Geissinger had concerns about an 18-acre steep slope tract in Williams Township. In addition, I am told that some church representatives, who have been burdened by recent assessment changes, will be there. But I'm missing the meeting.

Instead, I'll be covering Liberty High School's graduation tonight for The Bethlehem Press, along with photographer extraordinaire Dana Grubb. High school graduations are very important to this newspaper, and are the only events at which both a reporter and photographer are assigned. Dana Grubb is the best, so tonight, I'm on the "A" team.

If any of you have any good stories or insights about this year's graduating class from Liberty, please feel free to comment. I'd like to write as good a story as I can for these young men and women.

As for Northampton County Council, they are not off the hook. Every meeting is video-taped, and I will watch it and report back to you. A friend who will be there has also promised to send me a report, which I will publish if he has time to finish one.

Mancini Termination In Trouble

Jill Mancini is a former assistant Northampton County Solicitor. Unlike the other assistants, who were part-time and had their own practices, she was a full-time employee. But she was among the first to be fired when John Brown became the new Executive. She has sued in federal court, but also sought relief before the County's Personnel Appeals Board. That quasi-judicial body conducted two days of hearings, and just finished last night. A decision is imminent.

Northampton County has four kinds of employees: elected officials; "exempt" employees who serve at the pleasure of either the Executive or the Courts; "career service" employees who can only be fired for cause and after due process; and union employees who have rights under their bargaining agreements. The question before the Personnel Appeals Board is where Mancini fits. If she is exempt, she's out of luck and out of a job. But if she was a career service employee, then her termination is illegal.

By way of full disclosure, I should tell you I was not present for this hearing. I slipped over to Allentown's Cedar Beach to watch basketball after discovering that there would be no zoning hearing board meeting in Bethlehem. But sources who were there tell me the administration attempted to argue that Mancini was some sort of hybrid exempt and career service employee. The only problem with that argument is that no such hybrid exists, either in the Administrative Code or the Home Rule Charter.

A human resources employee who testified that Mancini was never told that she was career service was hoisted on her own petard. Apparently, she had sent Mancini emails telling her that she is, in fact, career service.

Since the testimony has concluded, I imagine the Personnel Appeals Board will soon decide this matter. It looks bad for the County.

The County was represented by outside counsel. Although the Administrative Code permits the Solicitor to do this, he must get permission from the Executive and County Council. I am unaware that this happened.

Bethlehem ZHB Has No Appeals For Second Time in a Year

Bethlehem's Zoning Hearing Board was scheduled to meet last night, and I arrived at Town Hall at the appointed hour. But aside from a zoning groupie named Warren who tells me loves the humor at zoning hearings, I was the only one there. Chairman Gus Loupos told me that there were no appeals and they had a rare night off. This could be a sign that Bethlehem's new zoning ordinance is working or that the real estate market is in the tank.

NorCo Council To Decide on Municipal Park Grants

Once the Nevin Park Fountain, this is called the beehive

Yesterday, I was critical of two open space proposals. But there are many more i like, especially park improvements. At tonight's meeting, Northampton County Council will consider municipal park grant requests from Easton, Bethlehem Tp, Moore Tp and Bushkill Tp. These requests sailed through the Open Space Committee on Tuesday. The funding comes from a half mill real estate tax approved nearly nine years ago for farmland preservation, environmentally sensitive land and parks.

Easton's Hugh Moore Park. - The County will pay half of the $450,000 cost for improvements that will include an improved entrance, 8' wide walking path, new playground, outdoor classroom, tree plantings and wayfinding signage. The other half is coming from the Hugh Moore Park Charitable Trust.

Easton's Nevin Park Fountain. - The County will pay $35,000 of the $146,400 cost for a new fountain to replace the original cast iron fountain that was erected in Easton's Centre Square in 1865 as a livestock watering site. This fountain was dismantled and move to Nevin Park in 1899 to make way for Easton's Civil War monument. During WWII, it was melted down to support the war effort. This fountain is the dream of Easton's College Hill Neighborhood Ass'n, which is contributing 25% of the cost.

Bethlehem Tp Municipal Park Fitness Trail. - The County will pay half the $48,000 cost to replace 20 fitness stations at the 1.3 mile paved walking and running trail. Those fitness stations were first installed in 1992.

Moore Tp Community Park Improvements. - The County will pay half the $114,000 cost for the following: two dugouts to protect players during baseball games at McCandless Field ($28,897.50); a 2047' long, 4' wide walkway that parallels a roadway in the park ($40,136.25); completion of the perimeter trail by connecting parking lots with existing trail ($27,460.50); and double seal coating of the roadway ($18,000).

Bushkill Tp Ballas Tract Improvements at Kromer and Jacobsburg Roads. - The County will spend $137,336.00, or 35% of the cost to extend multi-use trails to Kromer Road. Open Space Administrator Bryan Cope has called Bushkill Tp a leader in the area of open space preservation. This money will also help fund a timber truss pavilion, gravel parking lot and add erosion and stormwater control enhancements.

Nazareth Pool - That Blowed Up Good!

Because I live in Nazareth, I avoid writing about it. After bringing borough officials on board with the Sunshine Act, I've pretty much stayed away. Borough officials are very grateful. But I can't resist this.

Earlier this week, there was a groundbreaking for Nazareth's new pool, which will be built under the guidance of Spillman Farmer. But instead of dipping into the ground with shovels, someone in the Borough decided explosions were more appropriate.

I don't know whether it was dynamite or some kind of fireworks, but it blowed up good. Real good. I think Peg Ferraro jumped into the pool.

Mezzacappa's Argument For a New Trial

I've spent a lot of time since April Fool's Day, dealing with cRaZy lawsuits and appeals filed by Tumultuous Tricia Mezzacappa. Her April Fool's day suit was eventually dismissed because she refused to pay the filing fee, even after the court denied her attempt to have taxpayers subsidize her private vendetta. She's re-filed the complaint, but still hasn't paid the filing fee in the matter that was dismissed.

You can guess what's going to happen there.

In my defamation case against her, where a $67,140 verdict in my favor is now worth $67,890, she filed Post Trial Motions. She also filed an appeal, which was quashed by the Superior Court.

Her Post Trial Motions are a trip into Bizzaro world. She never filed a Brief. At oral argument last week, Judge Michael Koury said the only legitimate issue that she has not waived is her claim that she was never notified of the trial. He directed us both to file briefs.

Mezzacappa did so on Monday. She attached a copy of the Supreme Court's suspension of my law license. That'll show me.

She argues she was never notified of the non jury trial in March, even though a certified mail notice was sent to her, and returned "unclaimed." Snow storms disrupted her mail for an entire week in February, says she, and she only got limited mail for several weeks after because the postman slipped and fell on his ass when trying to deliver her mail.

She supposedly apologized, something I find very hard to believe. She then goes on to say that she positioned a chair at the edge of her porch, and duct-taped a make-shift mailbox, so her mailman could deliver to her without falling on his ass.

Then she fell on her ass.

Mezzacappa decided to place mats all over her porch, and shoveled not only her own property, but several adjacent properties as well, just to be safe.

And she took pictures.

Then two more people fell on their ass.

Though she tells the judge that she regularly receives certified mail, the post office "failed to make delivery, failed to leave pink slips, etc."

I see.

Interestingly, she never subpoenaed her mailman to back her up in court.

Maybe he fell on his ass.

Well, I did call the post office that delivers her mail. I learned they were there every day, even during the worst of the snow storms. But what about certified mail? I was told all I had to do was look at the numbers on the envelopes, feed them into USPS.com, and I'd learn whether delivery was attempted. They're called tracking numbers, and Mezzacappa probably should have thought about that before inventing her ass-falling story.

Guess what?

The certified mail notice of her December trial was delivered to her residence on November 27, 2013. She never bothered to get it, and the mail was returned "unclaimed."

The certified mail notice of her March trial was delivered to her residence on February 12, 2014. Like the previous notice, she never bothered to pick it up, and the notice was returned "unclaimed".

Mezzacappa basically attempted to mislead the court. While she can claim that the wind blew her notices away, or that I slipped in there and stole it without falling on my ass, it's pretty clear that she was being deceptive on the one issue that mattered to the court. She would have been better off claiming that the dog ate it.

Attorney Richard Orloski filed our Brief yesterday, and pointed all this out, minus the ass-falling. I can't imagine that Judge Koury is going to be too happy to learn that Mezzacappa tried to shnooker him. Unsworn false statements to authorities and all that. While you never know what is going to happen in a courtroom, she appears to be in bad shape, and may face other consequences for her attempt to mislead the Court.

In the meantime, she's persuaded Larry Otter to enter his appearance in the case where I'm suing her. But she filed the brief under her own name.

He must be on stand by.

New Guy Geissinger Questions Open Space Insanity

Is this really threatened by development?

Remember Glenn Geissinger? He's the Northampton County Council VP. For a time, he started every meeting by leading us in prayer, until I had a shit fit. Now Peg Ferraro reads some homogenized mumblings that mean nothing and to which no one listens. It gives all Council members a chance to pretend they are holy. But this story is not about the meaningless prayer. It is about Glenn Geissinger. Yesterday, very gently, he questioned what the hell we are doing by spending the public's money to buy steep slopes on land that has already been preserved on all sides.

Armed with the power point that lately has become the weapon of choice during presentations, Open Space Administrator Bryan Cope pitched a plan to spend $86,868 to buy 18 acres in Williams Township's Hexenkopf Slopes. That's $4,826 per acre, for those of you keeping track at home. The County's investment will be $30,403.80. Owners Kenneth and Barbara Morrow will keep the remaining 2 acres and be surrounded by land that can never be developed.  That land, in turn, is surrounded by land that has already been preserved, and that was Geissinger's problem.

Pointing out that he's new, Geissinger had some problem with preserving land that's surrounded on three sides by land that's already been preserved. And the land is steep slopes, with the occasional vernal pool, known to most of us as swampland.

"My concern is the fact that development of this land would be very difficult," Geissinger remarked.

D'you think?

Maria Bentzoni, the Farmland Preservation Administrator, responded with this, "In essence you're absolutely correct. But the opposite is true."

Huh?

She went on to argue that developers will be falling all over themselves to grab cliff land because the land all around it is preserved. I see.

I don't think so.

Scott Parsons told Geissinger this project has already been reviewed extensively by both the Open Space Advisory Board and Lehigh Valley Planning Commission.

That's somewhat inaccurate. Though the Lehigh Valley Planning Commission has a regional plan for the area, it does not get involved in conservation easements, at least not to my knowledge. And the Open Space Advisory Board is packed with open space enthusiasts who have yet to meet a swamp they didn't like.

This plan, to put it simply is ridiculous, At a time when the County is bleeding money and running a deficit, perhaps the stupidest thing it could do is blow taxpayer dollars on land that will never be developed. This is government insanity, made possible by a horde of open space special interests, who will pack county meetings to warn about radioactive shit while taxpayers are working their second job to pay for this lunacy.

Or golf courses. I'll tell you about that below.

Should We Use Open Space Money To Bail Out Golf Course Developer?

I'll give you open space

Do you think it's a good idea to spend $300,000 in Northampton County's open space fund to help complete the purchase of a failed golf course? Northampton County does. Altogether, government officials plan to pay developer Alex Patullo $1,775,000 to purchase the now defunct Woodland Hills Golf Course, located in Lower Saucon Township. That's $11,486 an acre. "To me, it's a no-brainer," exclaimed Open Space Chair Scott Parsons. "This is exactly what our open space is about." That's what bothers me. The public's money is being used to provide a soft landing for a developer whose business plans went awry. People who pay their real estate taxes on time will bail out a golf course developer who himself has been delinquent on his own tax bill. This purchase will just make his remaining lands, which include a clubhouse, all that more valuable.

Bryan Cope warned Northampton County Council's Open Space Committee yesterday that, unless it is purchased and preserved, Patullo plans to build a 50-lot subdivision at the site. He claimed plans have already been submitted. So basically, he is holding a gun to the county's head. But just how successful would he be?

One thing Cope neglected to point out is that the land is zoned RA, or rural agricultural. Now I have no idea how he was ever permitted to build a golf course there, but I do know that a 50-lot residential development is no agricultural use. He would need a use variance. The Commonwealth Court denied his attempt to get a use variance for the clubhouse in 2011. Neighbors, one of whom includes prominent Attorney Steve Goudsouzian, stopped Patullo from turning the clubhouse into some sort of tavern.

But other points made by Cope made more sense. He noted that the high water quality of the Saucon Creek was damaged by pollutants when the property was used as a golf course. Even more important, township officials are concerned that further development in this area will make the chronic flooding along Easton and Lower Saucon Roads even worse during storms.

Before this was a golf course, this was farmland. Good farmland. I know because my best friend from grade school grew up across the street, on another farm.

Spending $300,000 to help some tax delinquent developer make his banquet hall all that more exclusive is a waste of public money. The highest and best use of this property is as farmland, not some goofy bird-watching sanctuary. I have written before about our disappearing farmland, which has resulted in a disappearing farmer. Establishing a farm is one way to reverse that trend. The zoning is in place to keep greedy developers from exploiting the land.

So this request should be denied.

It's a no-brainer.

I called Ron Angle, the Northampton County Bulldog, last night to explain what was being planned. He was highly critically of most "environmentally sensitive land" projects during his years on Council. After laughing, he told me, "You can't breed two hound dogs and expect to get a collie."

I have no idea what that means, but it sounds good.

He also said, "The people got what they wanted."

I know what that means.

Dunkin' Donuts Gets Dunked in Bethlehem Tp

Zawarski and Shafer review Dunkin' Donuts plan

America may run on Donuts, but not in Bethlehem Township. A proposal for a 1,900 sq ft Dunkin' Donuts next to the Friendly Market on Freemansburg Avenue was panned by Commissioners at their June 2 meeting.

Franchisee Raj Saraswati, along with engineer Michael Jeitner, presented what is called a "sketch plan". That's an informal way of getting feedback before going through the costly planning process. Jeitner pointed out that, to establish a shop at that location, he's need either a use variance from the Zoning hearing Board because fast food establishments are prohibited at that location. He was curious whether Commissioners might be willing to add a zoning overlay tha
t would allow the use.

"My concern is safety," noted Commissioner Michael Hudak, who lives nearby and travels that route frequently. "The speed on that highway is out of control," he observed. Sharing that concern, Commissioner Phil Barnard added that he probably would be opposed to a change in the zoning ordinance.

It's unclear whether the project will continue.

In other business, Commissioners unanimously voted for a municipal pension reform bill that would affect new hires in the police department. This legislation, which is supported by both the Coalition for Sustainable communities and the Pa. Chamber of Commerce, would transform costly defined benefit pensions into a more modest combination of defined benefit and defined contribution. Township Manager Melissa Shafer reported that, if adopted, it would reduce the Township's annual contribution by 50%. Commissioner Pat Breslin called it a "good common sense approach" to the pension crisis.

But according to Shafer, "the odds of it passing are slim."

Commissioners also heard again from resident Barry Roth about the traffic snarls on William Penn Highway, near Route 33. Township engineer Brian Dillman suggested that the problem might be a traffic signal timing problem. "One or two signals may not be functioning the way they are intended," he speculated and proposed having the matter reviewed. Manager Shafer agreed to pursue that possibility.

As is becoming routine, Commissioners also devoted a good portion of the meeting to a discussion of Housenick Park.

President Marty Zawarski reported that he, along with Hudak and Shafer, recently toured a mansion bequeathed to the County at Louise Moore Park. Though that home has only been vacant for three years, is a stone building and is only half the size of the Archibald Johnston mansion, the County is spending $1.7 million to renovate. "We're going to easily spend twice what the County spent," complained Zawarski.

Although Janet Housenick bequeathed $2 million for park maintenance, Zawarski believes that money can only be used for the grounds. He questioned whether taxpayers would support a tax hike for mansion repairs.

Zawarski stated the Township is seeking proposals for facade repairs. "Get it out in the real world and see some real world numbers,"  he explained.

Finally, Commissioners talked about colors. Hudak likes yellow and blue, but other Commissioners aren't saying. Hudak believes that all Township equipment in both fire companies should have the same color scheme.

"Does the color really matter?" asked Barnard.

DA Slams Driver Licenses For Undocumented Immigrants

DA John Morganelli

Easton City Council and Mayor Sal Panto have unanimously adopted a nonbinding resolution calling for state legislation that will make it possible for undocumented immigrants to obtain driver licenses. Northampton County District Attorney John Morganelli called a news conference on June 2, calling on other municipalities to ignore what he calls a "bad public policy".

Calling the actions of Easton "misguided and uniformed," he chided its Council and Mayor for failing to seek input from the law enforcement community. He called it a "spur of the moment" decision that was passed without much thought.  "[T]he fact is that this kind of initiative is an invitation to terrorists and criminals to come to your jurisdiction," he elaborated.

Driver licenses for undocumented immigrants are currently only available in a handful of states. It started in New Mexico in 2009, but Governor Suzanna Martinez is leading an effort to repeal the law on the basis that it leads to fraud, human trafficking and organized crime. Seventy-two percent of New Mexico voters were opposed to this law in a 2010 survey. According to Morganelli, New Mexico has become a magnet for illegal immigrants who have moved there from as far away as China, just so they can get a driver license.

According to Easton Mayor Panto, many undocumented immigrants came here legally, but stayed after their visas expired. He added that the "vast majority" of them are "good people who work hard to provide for their family." But at his news conference, Morganelli noted the resolution Easton passed would grant driver licenses to the "vast majority" as well as criminals and terrorists.

Morganelli agreed that undocumented immigrants who came here as children might be entitled to relief. But that is a federal matter, not something for Easton City Council or even Northampton County, according to the DA.

"Local municipal government should not attempt to influence public policy in an area outside of their responsibility and which could have dire consequences and unintended results for law enforcement's responsibility to protect the public," he concluded.

Morganelli is a long-time opponent of what he calls illegal aliens. But at yesterday's news conference, he conceded their number is shrinking, primarily because of the economy.

Blogger's Note: As John knows, I have never shared his views concerning undocumented immigrants. I understand the concern about terrorists and real criminals, but I think even he would agree that most of them are here for economic reasons. Not having a driver's license means they are basically forced to drive illegally. This means that if there's an accident, there's no insurance. How does that help us? In addition, the children of undocumented immigrants who were born abroad should not be forced to suffer for their parents' sins. But I buy the "magnet" argument. And I'll also agree that the solution, if it ever comes at all, must come at the federal level. I'm not holding my breath.

Did We Just Swap 5 Jihadists For a Deserter?

That's what CNN is saying. Just when I think the Obama administration can't possibly be more idiotic, it proves me wrong.

Should We Give Driver's Licenses to Undocumented Immigrants?

Easton City Council thinks so, and adopted a resolution last week calling on state legislators to ease the current law. It did so in reaction to a group calling itself Fight For Drivers License. On their website, theu offer this justification: "We believe that driving represents not just access to the use of a car, but the right to use the roads in peace, get to our jobs, and bring food to our families' tables. It represents our ability to live with dignity." But one person is setting up a roadblock - Northampton County District Attorney John Morganelli. He has called for a news conference today so that he can expound on his reservations.

On Saturday, he shared his feelings on Facebook. "Last night, although well intentioned, a misguided and uninformed Easton City Council passed a resolution to allow illegal aliens to obtain valid Pennsylvania drivers licenses. These are people who intentionally entered the US illegally with no respect for our immigration laws and without permission from our government. Council should have asked for input from those of us in law enforcement who know that the terrorists who blew up the World Trade Center and killed thousands of Americans all used fraudulent drivers licenses to pass money, get on planes and give themselves cover from their criminal activities. States that in the past handed out drivers licenses to people illegally in the US saw an influx of thousands of foreign criminals to their states and many are now moving to repeal them like New Mexico. This is bad public policy and makes it easier for illegal foreign criminals to do us harm under the cover of a valid state issued drivers license."