Stoffa Waives CACLV Breach In "Best Interests" of County

Ross Marcus in the peanut gallery

When the Community Action Committee of the Lehigh Valley (CACLV) hired Northampton County Director of Human Services Ross Marcus, it breached several County contracts that prohibit hiring County Administrators for a year after their resignation. But on Thursday, Executive John Stoffa and CACLV Executive Director Alana Jennings executed amendments to those contracts under which the County waives what is characterized as a "technical breach" as in the "best interests of the residents of the County."

Under this waiver, CACLV agrees that Marcus will have any role in the negotiation of any contracts over the next year. In addition, CACLV warrants that Marcus played no role in the negotiation of any of its current contracts with Northampton County.

This revolving door ordinance, codified in the Administrative Code, is designed to prevent County employees from negotiating big contracts with a major vendor, and then going to work for them. It has happened. Many years ago, a fiscal officer convinced the County to switch pension advisers, after which he went to work for them. Similarly, a former public works director resigned for a job with an engineering firm that he recommended repeatedly for County work. The danger here is that the public employee will subordinate the best interests of the County to his own pecuniary interest.

In the case of CACLV, the area's major poverty fighting organization, contracts for County services existed long before Marcus worked there. He has previously worked in community (not economic) development in Allentown and as Executive Director of AIDSNET, a HIV coalition.

His temporary replacement is John Mehler, who's doing double duty as the Director of the Area Agency on Aging. Marcus has continued working for the County, without salary, guiding several initiatives through County Council last night.

At last night's meeting of Northampton County Council, the Chair of the Gracedale Advisory Board thanked  Marcus for his service to the county-owned nursing home.

LV Labor Council Makes Its Enorsements

This is from a mass email sent by LV Labor Council President Gregg Potter:

Good morning,

I want to thank the Labor Council COPE Committee for participating in our candidate interviews and endorsements. I reached out to both parties to encourage candidates to attend and we did achieve some success. In Northampton County, six Republicans and nine Democrats interviewed and in Lehigh County, one Republican and nine Democrats attended.

As you know, about one third of our membership are registered Republican and it is important to hear from both parties and Independents when available.

It is my intention to continue to reach out to both parties and attempt to find more common ground and build relationships and rapport. This will not occur over one election cycle but we will make every attempt to build this over future elections. We had the pleasure of hearing some very talented individuals on both side of the aisle and I believe we all walked away with some new found knowledge. All candidates were treated with respect and that is how this will continue to be. Below are the endorsed candidates:

Lehigh County Executive Tom Muller
Lehigh County Comm D2 Susan Wild
Lehigh County Comm D3 David Jones
Lehigh County Comm D4 Geoff Brace
Lehigh County Comm D5 Wes Barret

Allentown Mayor Ed Pawlowski
Allentown City Council Darryl Hendricks
Allentown City Council Joe Davis

Northampton County Executive John Callahan
Northampton County Council At Large Seats
Peg Ferraro
Tom O'Donnell
Jerry Seyfried
Ron Heckman
Christine Borso

Bethlehem City Council Bryan Callahan
Easton City Council James Eddinger

Lauer: Sue the Bastards!

Phil Lauer: Sue the Bastards! 

As you no doubt have heard, the rocket scientists in command at our Airport Authority want to sell Braden Airpark. They need the dough to pay off a $16 million judgment created as a result of their own mismanagement. Braden is losing money anyway, they say. But a group of pilots, along with every person running for anything in Northampton County, are outraged. They've even created a Save Braden Airpark Facebook page. The hell with the damn whales, we need more airports, damn it!

Northampton County Council instructed their lawyer, Phil Lauer, to research the County's options if the Airport Authority dares sell.

He prepared a legal memorandum for Council, outlining issues, background, applicable law and available remedies, telling them exactly what they want to hear.

Sue the bastards!

Now litigation by a County really should be brought by the Executive branch, not Council. So Executive John Stoffa's Solicitor, Danny Spengler, sitting by himself in a forlorn corner as he battled a cold, was asked what he thinks.

This is basically what he had to say:

Sue the bastards!  

Now if it were up to me, I'd keep Braden and get rid of the Airport Authority. Maybe put a hockey rink there. Everyone seems to think if we just put in some gazillion dollar customs station or sell more latte, all the airlines will stop here. Not gonna' happen. Ever. We're simply too close to major airports with much larger population centers to be profitable to airlines.

But I'm all for suing bastards.

Tonight, Council will vote to sue the bastards.

Marcus Hire: De Minimis Breach of Administrative Code

In order to prevent the revolving door we see so often between government officials and vendors who have contracts with them, Northampton County's Administrative Code bars vendors from hiring County employees who have had some say in the contract. There's a one-year waiting period. Human Services Director Ross Marcus had plenty of say over multiple County contracts with CACLV, a nonprofit agency whose hopeless mission is to eradicate poverty. But that's where he's heading, putting his new employer in breach of several contracts.

Though nobody disputes that this is a clear breach of contract, just about everyone agrees that the revolving door policy is aimed at something more nefarious, such as when a County employee snags a multimillion deal for some big vendor and then is hired away as a payoff. CACLV, in contrast, is the Lehigh Valley's only real poverty fighter. There's just no one else out there willing to do what this organization does for so little. And Marcus is leaving for this organization, not to enrich himself, but to help others. It's like going to the frickin' seminary.

Controller Steve Barron is no friend to Ross Marcus or the Stoffa Administration. He told Council's Finance Committee yesterday that they could pull the plug on funding for different CACLV operations, like the regional food bank. But even he warned that "The damage that would be done to Second Harvest would be catastrophic to those in need."

Barron suggested that some of CACLV's services to the County be bid out to serve as a "compensating control", a move that CACLV Executive Director Alan Jennings has suggested himself. I think the net result would be a lot of proposals with just one bid.

Anonymously, there have been off topic comments attacking Ross Marcus. Not so anonymously, the Fake Rev has stated that Marcus should try for a job at McDonald's. Perennial candidate Ron Shegda, whose mentally challenged sister was taken from him by Human Services, has incorrectly accused Stoffa employees of orchestrating the job, and is demanding Council to condemn it. These guys have an agenda, and 'tain't good government.

Those who are actually governing, instead of pursuing vendettas, seem unwilling to sanction Alan Jennings' CACLV.

Noting that CACLV "does so much good for the community," Council member Scott Parsons said "it's time to turn your head and walk away."

"We have better things to do," remarked Council member Bob Werner.

Council member Peg Ferraro stated that "something about it does not feel right," but seems unwilling to suggest any form of sanction. Prez John Cusick, whose approach to governance can be anal at times, is stuck on competitive bidding. But who is going to bid against CACLV, John?

The evil this provision of the Administrative Code was designed to prevent simply does not exist in this case. De minimis non curat lex. Translated, that means the law does not deal with bullshit.

Bechtel Sale Recommended to Norco Council

A different Bechtel building

Northampton County will vote tonight on the sale of its Bechtel Building, located on East Broad Street in Bethlehem, to prominent local attorney Justin McCarthy. It's a 29,000 sq ft facility, built in 1962, on 2.12 acres. It includes 95 parking places and was purchased by the County in 1993 for $763,000. Named after the first County Executive, it houses 70 human services workers.

Those workers will move next year into a centralized human services facility in Bethlehem Township for the County's 18,000 residents. But until it's built, Attorney McCarthy will allow them to remain in the Bethlehem facility.

McCarthy will be joined by former Council President Ann McHale, who will run her family insurance business at the site. She accompanied McCarthy to a Finance Committee hearing yesterday, and seems to be much happier now that she is done with politics. She even smiled at me. ... I think.

The County has been offered $1.575 million for the facility, which will go a long way to helping outfit the new centralized human services facility.

"Thank you for not moving to Hanover Township and staying in Bethlehem," said Council member Ken Kraft, who represents Bethlehem ... and Hanover Township. I think he was referring to the Hanover Township in Lehigh County.

The sale was unanimously recommended by Council's Finance Committee.

NorCo Conservation Proposes 30% Hike For Soil Erosion Plans

Back in the roaring 20s, the federal government was encouraging everyone to move West into the Great Plains, after clearing out pesky Native Americans and the bison who thundered. The Homestead Act guaranteed just enough land to keep someone poor. All the grass was uprooted and crops were planted because wheat was at an all-time high. But when the economy and wheat prices collapsed, so did the soil. It was blown around and around by the steady winds that roar through the plains. The result was dusters, black blizzards, that blinded people and scarred lungs. It roared for ten years. It still continues, from time to time, today.

The Dust Bowl

This problem was caused by our greed and bad government policy. But our willingness to adapt and admit we were wrong, along with some rare government ingenuity, prevented those dusters from getting worse and actually turned things around in some areas of the Great Plains. Conservation Districts were established by FDR so that farmers could band together and attack the dark storms with new types of grass, crop rotation and differing approaches to agriculture.

These days, conservation districts are scattered throughout the country. Northampton County started its own in '61, to promote conservation and prevent soil erosion.

So if you plan to build on anything more than an acre, and you plan to move soil around, you better have an Erosion and Sediment Pollution Control Plan, which will be reviewed.

Yesterday, District manager Bruce Pysher proposed increasing plan review fees by 30%, to bring them in line with other counties.

A one-acre residential lot will cost $200. But a commercial or industrial lot will cost you $1,200.

Pysher has also suggested an expedited review process for those in a hurry, as long as they're under 100 acres. That will cost three times the usual fee.

Pysher's proposals were unanimously recommended by Council's Finance committee yesterday, and will be voted on by the full Council tonight.

Blogger's Note: To those of you interested in leaning more about The Dust Bowl, I highly recommend The Worst Hard Time, by Timothy Egan, a history that reads like a novel.

Gracedale Seeks More Manpower For Growing Census

Dee Freeman with new Human Services Czar, John Mehler

It's been an interesting year for Northampton County-owned nursing home Gracedale. It blew through a year's budget in six months, but Administrator Dee Freeman predicted things would get better in the second half. He  might be proved right. Outgoing Human Services Director Ross Marcus told Council yesterday that, with a growing census, all sixteen wings will soon be open. That will be for the first time in 5-6 years. 

Marcus and Freeman have restructured personnel to meet the growing need for services, while attempting to reduce OT and the use of agency nursing services. They propose to eliminate 7 part-time nursing and 6 part-time LPN positions that have been vacant, along with a Risk Manager and Compliance Officer. But they will add a Registered Nurse Assessment Coordinator ($49,175 to ($73,149), five full-time LPNs (salary up to $45,026), ten full-time nursing attendants (salary up to $31,064), a unit clerk (up to $29,575) and a housekeeper (up to $28,880).

Council's Personnel Committee, headed by Ken Kraft, voted unanimously in favor of recommending the staffing increase to the full body of County Council tonight.

We Need Real Background Checks

Just last month, a mentally ill man in nearby Ross Township loaded a rented car with guns and ammo, and began firing away during a municipal meeting. Three dead were not enough. "I wish I killed more of them," he said as he was taken away.

Yesterday, a mentally deranged man who had all kinds of clearances was able to gun down a dozen people before he himself was stopped.

Anybody see a common theme here?

Bans on so-called assault weapons and magazine clips mean very little if we are arming lunatics. Even the most strident gun rights advocates tend to agree with me on this point.

Why Not Wind Gap?

When the magisterial realignment was first being considered, why wasn't Wind Gap on the chopping block? That's a question posed by some of my readers. When District Judge Adrianne Masut retired in late 2011, her District could have been abolished. But guess what? Nobody really knew she was stepping down, except a few that she wanted to know. When a District Judge retires, he or she sometimes has someone lined up to take over. Retirement news will be kept under wraps so that the favorite can make inroads and be a few steps ahead of the others.

District Judges Hawke and Marakovits Will Serve Full Term

Though the magisterial alignment adopted by the Pennsylvania Supreme Court will consolidate the two magisterial districts served by District Judges Diane Marakovits and Robert Hawke, both judges will be allowed to serve their full terms. I was under the impression that the consolidation would force a run-off, but that is inaccurate.

Not All DJs Voted in Magisterial Realignmnet

I told you Monday that the Northampton County Magisterial District Judges Association voted by a bare majority, 8-7, to endorse a proposed plan that abolishes the Bethlehem Township Magisterial District. I was informed that all district judges, or their proxies, voted. That is inaccurate.

I learned yesterday that, though the vote was by bare majority and secret ballot, not all District Judges participated or even designated proxies. I am also informed that some Senior District Judges, who still belong to the judge club, voted.

WGPA Sued For Defamation During Jim Gregory Show

WGPA Sunny 1100 AM is not so sunny today. Jolly Joe Timmer will not be so jolly.  As promised, Timmer has been sued for his despicable conduct in taking $3,000 from a mentally ill man and allowing him to trash perceived enemies for seven days on the air, until his comments sent him to state prison for 15 months.

Jim Gregory had just been released from jail after violating a Protection From Abuse Act Order. But Timmer took his money and encouraged him. He allowed him on the air, every day, for seven days. Videos of the show remained on the Internet, for the entire world to see, 24/7.

In his very first show, Gregory played several love songs to his ex, and spent his time bashing laws designed to prevent domestic violence. Things went downhill from there. It quickly deteriorated into a hatefest against Gregory's perceived enemies.

He repeatedly defamed me, his ex and her mother. Timmer was warned, but allowed it to continue. What most appalled me was when Gregory invaded the privacy of his ex' mother. He publicly disclosed very private information about her for the express purpose of humiliating her. And succeeded. I called her after one of the shows, and she was a wreck. A private person with no interest in politics, she was not used to this kind of exposure. When she called Timmer to ask that it stop, he humiliated her even more. Observing she has no money, Not-So-Jolly Joe called her a "nothing."

The very next day, Timmer's producer Budd Williams jumped on the pile in a late hit on this poor soul.

The hate continued until Gregory was jailed for a direct violation of the Protection From Abuse Act Order on the air, when he read a note to his ex, begging her to come back to him and making lewd suggestions.

With Gregory in jail, Tricia Mezzacappa took over with her own special brand of hate. .

Just so you know, Gregory did more than defame individuals. He also defended a child rapist and made snide remarks about Jews and the gay community.

Timmer eventually did take the shows off his video stream, but has yet to retract the vicious comments made or apologize for them.

But I'll bet he's kept Gregory's $3,000.

Attorney Rick Orloski, representing me, has kicked things off with a summons in Northampton County Court. I expect other suits from Gregory's ex and her mother. The suit has been filed against Timmer and his broadcasting company.

Gun Permit? I Don't Need No Steenkin' Gun Permit

Northampton County Sheriff Randy Miller is no longer being sued over his decision to revoke a license to carry firearms. He did that in March to a person who provided false references. This suit never identifies the not-so-secret Plaintiff, but it's pretty clear that it's West Easton's Tricia Mezzacappa. When she applied for her license to carry, she listed Executive John Stoffa and South Whitehall Attorney Rick Orloski as her o references. She despises Stoffa and regularly attacks Orloski, who prosecuted my libel case against her successfully. Neither would vouch for her.

Sheriff Miller, who lacked the resources to check these references in the time under which he must issue an application, ultimately revoked someone's license to carry. Now I suppose it's possible that two people could have submitted false references, but I doubt it.

This matter was listed for argument court last week, but the case has been dropped, without prejudice, at the request of the mysterious Plaintiff.

Tricia Mezzacappa is the person who filed the dismissal in the Civil Division. So unless she picked up a new job as a paralegal, I think it's safe to conclude that Mezzacappa's license to carry firearms has been revoked.

Thank God.

DA John Morganelli: Why Privatized Liquor Is Bad For Public Safety

Yesterday, Northampton County District Attorney John Morganelli, the Democratic nominee for attorney general in 2008 and a potential candidate for Pennsylvania Lt. Governor in 2014, held a Press Conference in the Capitol Rotunda to explain why Governor Corbett's plan to privatize liquor sales in Pennsylvania is bad for public safety. He was joined by Stephen Erni, Executive Director, Pennsylvania DUI Association, and Felicity DeBacco Erni, also of Pa. DUI Assn. Morganelli is a Past President of the Pennsylvania District Attorneys Association. Below are his remarks verbatim.

In the early morning hours of April 29, 2001, a 19 year old Christopher Mowad, with his blood alcohol level at twice the legal limit for an adult – lost control of his SUV at 83 miles per hour. It rolled over killing him and two 18 year old passengers. Earlier that evening, a 43 year old adult, Judith Clare McCloskey, allowed dozens and dozens of teenagers to consume alcoholic beverages in her basement at a party hosted by her two teenage daughters. Although she did not buy the alcohol for the teens, she did have knowledge that they were consuming alcohol in her basement and provided a safe haven for them to do so. Shortly after the investigation by police in that case, I directed that charges of Involuntary Manslaughter – 3 counts be lodged against Mrs. McCloskey in order to hold her criminally responsible for the deaths of the teenagers as a facilitator of underage teenage drinking. In the case that was deemed a “landmark” case by The Philadelphia Inquirer in its article of September 30, 2002, a jury of eleven women and one man found Mrs. McCloskey guilty of 3 counts of Manslaughter. She was subsequently sentenced to prison by a Northampton County judge. The case was the first of its kind in the nation to hold an adult criminally responsible for the deaths of teenagers who had consumed alcoholic beverages while under-aged with the help of an adult facilitator. The case was appealed to the Pennsylvania Supreme Court and was upheld and now is precedent in Pennsylvania.

Since that time, unfortunately, I have seen the devastating effects when you mix alcohol, teenagers and motor vehicles. Numerous organizations throughout Pennsylvania including but not limited to the Pennsylvania DUI Association, Mothers Against Drunk Driving, Students Against Drunk Driving, Alert Partnership and others have worked in conjunction with the Pennsylvania Liquor Control Board to work in communities to combat underage drinking in order to protect our teens.

Since that time, I have been vigilant in supporting public policy that punishes adult facilitators of underage drinking and restricts the ability of teenagers to obtain and possess alcohol. I come here today to speak out against Governor Tom Corbett’s proposed privatized liquor sales plan which, in my opinion, puts private business interests and their profits above the safety of our young people in Pennsylvania. At a time when we continue to struggle with a weak economy, it is mind boggling that one of Governor Corbett’s top priorities is to allow alcohol, including hard liquor to be more accessible and available to our young people which will clearly put them in harms way. His proposal is bad public policy and, quite frankly, risky public policy. His only rationale for this move as indicated by his spokesman is to give people “choice and convenience” and “flexibility” with respect to the purchase of alcohol. Governor Corbett, as a former Attorney General of this Commonwealth is at odds with many people in the law enforcement community, including the Pennsylvania FOP which opposed the plan in the last legislative session. The Pennsylvania Fraternal Police have opposed privatization efforts that included transfer of enforcement to local police who are not trained for said enforcement nor have resources to do so. Many people in law enforcement oppose an expansion of the availability of hard liquor and other alcohol which will ultimately allow easier access to under-aged drinkers. As was noted in their March 20, 2013 letter, the Pennsylvania FOP also recognizes that expanded access to alcohol throughout the Commonwealth threatens the safety of law enforcement officers and citizens. The U.S. Center for Disease Control has linked privatization of alcohol sales to an increase in per capita alcohol consumption. The U.S. Department of Justice has documented the clear connection between alcohol consumption rates and crime rates. In the State of Washington, in the months following privatization of liquor sales, the Association of Washington Cities reported a 63% increase in liquor thefts and a 30% increase in alcohol-related crimes near grocery stores and similar private vendors. The Center for Disease Control recommended against any further privatization of alcohol sales.

The Governor’s plan is not even revenue friendly in that it brings in revenue on a one time only basis and ignores the fact that liquor stores provide more than Five Hundred Million Dollar a year in taxes and profits to the state. Governor Corbett’s plan means an increase in drinking by our teenagers, more social problems linked to alcohol abuse including but not limited to crime, domestic violence and child abuse. Groups such as Students Against Drunk Driving, the Pennsylvania DUI Association, the NAACP and other organizations concerned with excessive and underage alcohol consumption all have opposed privatization in the past and for good reason.

In addition, Governor Corbett is not being transparent and honest with respect to the law enforcement impact. The Corbett Administration has assured that this transition to the private sector will be made safe by increases in law enforcement as well as alcohol treatment and prevention methods. Unfortunately, this sounds like another unfunded mandate that will not materialize.

In January of this year, more than 100 Tennessee sheriffs and police chiefs including Knoxville’s Chief David Rausch declared opposition to legislation that would allow the sale of wine in grocery stores. Rausch and several other law enforcement officers, part of a Tennessee law enforcement for strong alcohol laws coalition, declared at a legislative news conference that they see wine sales in groceries and supermarkets as weakening control over sales and causing an expansion of underage drinking. Rausch noted that at the present time sting operations with the State Alcoholic Commission and liquor agents currently run operations and rarely find state owned liquor stores doing anything wrong in the nature of selling to underage youths. He noted that convenient stores which now can only sell beer are much more likely to have clerks caught in sting operations. He noted that grocery stores often have under-aged clerks willing to “wink and nod” for sales to under-aged friends. Law enforcement officers noted that wine and other alcohol have higher alcohol content than beer and make it much more attractive to underage drinkers and for binge drinking.

Also, with privatization will come more advertising which will promote more drinking and increase under-aged drinking. In Eugene, Oregon, this year, the Eugene Prevention Coalition noted how high risk alcohol use was twice the national average largely due to stores advertising and promoting drinking and drinking games such as beer pong in order to tie them to alcohol sales.

Governor Corbett’s plan is a plan to fix something that is not broken. In the past years, the legislature has rejected several bills to privatize. These proposals threaten public safety and put more youth at risk.
As someone who has for the last 20 years attempted to do all that is possible to decrease the availability of alcohol to our teenagers, I am highly concerned that Governor Corbett’s plan, if adopted will do just the opposite. It will be much easier for teenagers to obtain all kinds of hard liquor due to lax enforcement and profit driven motives to sell more alcohol. Today, I ask our legislators to defeat Governor Corbett’s proposal which will put more of our young people at risk. The Governor’s business friends are doing just fine.

Mezzacappa Bounced Out of PFA Court Again

For the seventh time since last April, West Easton wing nut Tricia Mezzacappa has been unsuccessful in her attempt to obtain a Protection From Abuse Act Order (PFA) or restraining order against me. Senior Judge Lawrence Brenner denied her application after a brief hearing yesterday.

In her latest rant (you can see it here), Mezzacappa complains that I committed abuse by testifying against Jim Gregory (he's now her "significant other" and "boyfriend") and having him thrown in jail. She repeats the usual stalking and assault claims, this time stating she was "drugged and beaten, likely raped, and then subjected to further unwanted lewd and sexual contact" in August 2011.

The beating allegation is a new one. She claims I have contacted gun ranges and threatened to sue them if they allow her to patronize their establishments. That's news to me. She indicates I have told potential and current employers not to hire her. That's news to me, too. Yesterday, she noticed that ammo and personal items were missing from her house. "I know it was him," she claims.

I saw Mezzacappa, accompanied by a PFA clerk, heading to a courtroom yesterday, and immediately knew she was there to cause trouble. So I decided to go to court myself. Mezzacappa attempted to have me ejected, but learned it's not a star chamber.

She told Senior Judge Brenner that I am an ex-boyfriend, which was another revelation. After listening to her go on for a bit, Judge Benner told her he was denying her petition. She spun around and flew out of the courtroom, nearly bowling over a Deputy or two in the process.

"Did you feel the breeze?" remarked someone in the courtroom.

Roof Doctor To Make House Call to Archibald Johnston Mansion

Ryan Hall, with his proud Mom, is a member of Troop 317 and FHS Junior

Bill Berry is a former Bethlehem Township Commissioner interested in preserving the Archibald Johnston Mansion at Housenick Park. And he's even found a roof doctor willing to make a house call at no cost to anyone. That's what he told Commissioners at their September 16 meeting.

Barry, originally from Sullivan County, learned that a roofing consultant was used there to evaluate the County Courthouse's 20,000 sq ft slate roof. He was responsible for inspection, specifications and developing bid packages. The replacement cost about $500,000, with a $17,000 fee paid to the roof doctor.

Berry contacted Mark J. Sobeck Roofing Consulting, located in Wilkes-Barre. He is willing to make a similar evaluation of the mansion's 5,320 sq ft roof at no cost to the Township. Berry added that the Township Engineer could provide a similar bid for comparison.

Unanimously, Township Commissioners adopted the suggestion, and Manager Howard Kutzler has been directed to make contact.

Fred Clark warns stormwaters a "catastrophe for children"

In other business, Chetwin Terrace residents continued to complain about storm water run off on their properties. Wayne Kresge told Commissioners there was a foot of water in his back yard after the Labor Day weekend downpour. Frank Clark, who has lived at Chetwin Terrace for 57 years, called it an "ongoing problem" exacerbated by five new inlets from a bank, emptying into a playground next to the bike path. "It's a catastrophe for the children," he warned.

There will be no quick fix. "It's not going to be solved this week. It's not going to be solved next month," remarked Manager Kutzler. President Paul Weiss explained that property owners along the bike path have encroached on the Township right of way, which complicates things. Kutzler predicted that the problem would be addressed in the Spring. and expressed some frustration when Kresge complained about not seeing Township employees along the bike path for months at a time. "You're taking a shot at my staff," Kutzler told Kresge.

Finally, Commissioners heard from Troop 317 Boy Scout Ryan Hall, who is planning to install landscaping and a 20' flagpole at the FBTAA for future sluggers in Miller Heights. The entire cost of the project is $1,900, and hall is already well on his way to raising the money, thanks to a $1,000 dionation from United Way. He asked Commissioners to waive the $25 fee for a permit.

They refused. But that's only because Township Solicitor Jim Broughal offered to pay the fee himself.

Kutzler called it a "very worthy project."

Hall is a Junior at Freedom High School.  

A Possible Solution to District Judge Crisis

Pennsylvania's Supreme Court has approved a magisterial realignment that consolidates two districts in the northwestern tier of Northampton County. But it will force two sitting District Judges - Diane Marakovits and Robert Hawke - to square off in a run-off election. District Judges have proposed an alternative plan. This one eliminates the seat held by District Judge Joseph Barner, who plans to retire. But it greatly inconveniences Bethlehem Township, Colonial Regional and Upper Nazareth police. President Judge Stephen Baratta has suggested it is a gerrymander. But there's a possible solution in the works.

Diane Marakovits, who presides over one of the districts being consolidated, could simply move into Barner's district when he retires and assume his duties by temporary assignment while she establishes the residency required. Several sources close to District Judges report that Marakovits is considering that option, though she has not been contacted at this point. I will try to do so today.  

District Judge Taschner Resigns as President of Judges' Ass'n

District Judge Jackie Taschner has stepped down as President of the Northampton County Magisterial District Judges Association. She cites family obligations. Her District includes Tatamy as well as Palmer and ForksTownship.

Her decision comes after the Association voted, on August 20, to submit a new, controversial, redistricting proposal to the Supreme Court. Under a plan already approved by the Supreme Court, two magisterial districts in the northwestern corner of the County will be consolidated. This will force a run-off election between District Judges Diane Marakovits and Robert Hawke. Under the plan proposed by District Judges, Joseph Barner's seat in Bethlehem Township will instead be eliminated. Barner intends to retire, so a run-off election would be unnecessary.

Though the District Judge Plan avoids an election contest, it has been criticized by police chiefs, Hanover Township and State Senator Lisa Boscola as an exaltation of political considerations over the best interests of the public. President Judge Stephen Baratta told the Supreme Court it comes at "the expense of convenience, rationality and gerrymandering."

Judge Taschner also confirmed that the redistricting plan approved on August 20 was done by secret ballot. All fifteen District Judges either appeared personally or by proxy. Their new redistricting plan passed by a bare majority, 8-7.

Judge Taschner's duties will be assumed by District Judge Diane Marakovits, who currently serves as Vice President.

A Tale of Two Magisterial Re-Alignment Plans

On Friday, I told you about a plan by Northampton County's fifteen District Judges that tinkers with one already approved by the Pennsylvania Supreme Court. A realignment approved in June will consolidate two magisterial districts in the northwestern corner of the County, forcing incumbent District Judges Diane Marakovits and Robert Hawke to face each other in an election. In an effort to avoid an election, Hawke came up with an alternative plan that keeps keeps the northwestern districts intact, but eliminates the Bethlehem Township District over which Joseph Barner presides. Since he plans to retire, his district can be split up without forcing incumbents to face each other in an election. A majority of District Judges have sided with Hawke, but the local police chiefs affected are outraged, as evidenced by these excerpts of letters they sent to president Judge Stephen Baratta:

The Approved Plan: In response to a directive to eliminate one Magisterial District, then President Judge F.P. Kimberly McFadden established a committee. It included the Deputy Court Administrator who acts as liaison with District Judges; Judge Michael Koury, a District Judge himself for twelve years; Judge Craig Dally, a former State Representative with significant experience related to redistricting; and the late District Judge Gay Elwell, who served at the request of other District Judges.

Their goal was to provide a fair allocation of the workload among the different offices, while simultaneously providing citizens and police officers with rational and convenient boundary lines.

Their decision to consolidate two, contiguous districts in the northwestern corner of the County was recommended unanimously, approved by the judges, subjected to public scrutiny and then forwarded to the Supreme Court.

The District Judge Plan: A District Judge approached Pennsylvania Supreme Court Justice Ron Castille and asked if an alternative plan could be submitted that would avoid an election contest between the two District Judges whose districts were being consolidated. He agreed.

On August 20, the Northampton County Magisterial District Judges Association convened and approved an alternative plan that eliminates the District covering Bethlehem Township. The vote was a bare majority, 8 to 7. It was not approved by the judges. There was no public scrutiny, and a police chief was denied input.

It avoids an election between two incumbent District Justices by abolishing the Magisterial District for Bethlehem Township.

President Judge Baratta Opposes New Magisterial Realignment

In a letter to Chief Justice Ron Castille, President Judge Steve Baratta stands by the plan already approved. But he still submits the Magisterial Realignment Plan proposed by a bare majority of Magisterial District Judges Association. "[M]y opinion is not infallible," he concedes. "It may be that the political concerns of our [District Judges] in avoiding an election contest between sitting District Judges should be the most important consideration in any redistricting plan."

Baratta criticizes the plan proposed by District Judges because "it sets irrational and unreasonable boundaries that are not convenient for the public and law enforcement." He argues that the consolidation of the Magisterial Districts in the northwestern corner of Northampton County is the only fair solution, even though it has the unfortunate side effect of requiring a run-off election between District Judges Robert Hawke and Diane Marakovits. "[A]ny plan that would avoid the election run-off could only be achieved at the expense of convenience, rationality and gerrymandering."

According to an informative story in The Express Times, the Administrative Office of Pennsylvania Courts states it would be "unusual" to consider a second realignment plan. But Baratta's letter to Castille notes that the Chief Justice did agree to consider a revised plan.

Reporter Tom Shortell also reports that District Judge Jackie Taschner, which at least was the President of the Magisterial District Judges' Association, refused to provide a copy. That plan is a matter of public record, and was provided by the Court Administrator on Friday. You can review it here.

Here are some other documents I have obtained:

Letter from District Judge Jackie to PJ Baratta, indicating that magistrates adopted their own realignment plan.

Letter from Hanover Tp to PJ Baratta, suggesting district judge realignment is a gerrymander.

Letter from Bethlehem Tp Police Chief Dan Pancoast, objecting to the magisterial realignment because it threatens public safety.

Colonial Police Chief Roy Seiple notes District Judge Robert Hawke refused to provide copy of plan.

State Senator Lisa Boscola opposes elimination of Bethlehem Township magisterial district.

Letter From PJ Baratta to Chief Justice Castille, opposing the realignment plan in a rather clever way (He argues that maybe the Chief Justice thinks politics should trump the public interest).