Murray Raises $60,000 in Judicial Quest

John Stoffa for Sam Murray

Sam Murray is the Democratic nominee in the race for Northampton County judge. According to his pre-Election report, he raised only $60,000 to the $75,000 by his GOP opponent. But that's so only because Murray spent less of his own money.He spent $35,000 of his won money, while Republican Vic Scomillio threw in $46,000 of his own money.

His major contributors?

Trade unions - $2,750

Herb Litvin (Easton attorney) - $700

Lenny Mellon (Easton attorney and close friend) - $950

Ray Lahood (Easton attorney who got his start with Sam) - $850

Bob Nitchkey (Easton attorney  and close friend) - $600

Much of Murray's money - $10,125 - comes in the form of contributions of $250 or less. A lot of contributors are members of the local bar, who often give to both candidates, and that certainly is so here.  

By way of full disclosure, I contributed $75 to Sam's campaign.  

Dent: Obama Wrong to Veto Troop Pay

(Washington, D.C.) – Representative Charlie Dent (PA-15), Chairman of the House Appropriations Military Construction and Veterans Affairs Subcommittee, released the following statement regarding President Obama’s veto of the Fiscal Year 2016 National Defense Authorization Act (NDAA). The NDAA, which has been passed for 53 consecutive years, authorizes troop pay and sets the annual priorities and budget levels for the Department of Defense.

“I’m extremely disappointed by President Obama’s decision to veto the National Defense Authorization bill. Using our servicemembers as ammunition in a political fight is wrong.

Our men and women in uniform should not have to pay the penalty for the President’s political brinksmanship.  The NDAA is an important bill that has long enjoyed bipartisan support – something that unfortunately is becoming too rare in Washington.

This bill provided the President with the full amount of his requested funding for the military.  It met the needs of our service branches to maintain a robust defense posture and confront the ever-increasing threats we face around the world.

Instead of granting our men and women in uniform a 1.3% pay raise and providing them with financial security by establishing a new 401(k)-style retirement system for the 83% of service members with less than 20 years to build up a nest egg, the President’s veto will embolden our enemies and send a morale-deflating message to our troops actively engaged in war that their welfare and safety are less important than further expanding domestic spending and federal bureaucracies.

President Obama has made a regrettable decision with this veto.  It is my hope that both the House and Senate will vote to overturn his veto and salvage this well-constructed bill.”

Opinions Online, 10/24/15

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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Did Abe secure himself a zoning variance for the parking lot at Building 21 while he was making deals with the city, to park all of those tractor trailers there? Assuming they're for the show at the PPL Center. Guess there wasn't enough room in the AOW parking lot for all of them this time (BTW, wonder what the zoning is for tractor trailer parking there as well?)

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I have been following the election a bit. I got a robo call about Hayden Phillips wanting to turn Gracedale into a corporation. Is this true. I know there was a resolution that talked about studying a possible sale of the home again! Mr. Barron has my vote if that is the case. I am disappointed that Mr. Phillips would go down this road.

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There is a Northampton county judge whose home, when searched on ncpub.org (assessment records), comes up as "Unknown Owner." I can certainly understand the judge's concerns for privacy in the event of a hostile losing litigant, etc. He also has the house's image blurred out on Google Earth, but anyone can have Google do that for them easily.

I work in a position in the private sector where I am frequently threatened with violence from angry members of the public. I have had a gun pulled on me. God forbid one of them decides to meet me at my house one night. Why can't my house be listed as "Unknown Owner"? I've never seen any home listed like that other than this judge's.

County policy or handshake deal with the assessment folks?

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I recently received my annual "Per Capital" $10 tax bill. I'm curious how much is spent to collect this measly $10. Would not surprise me if $5 is spent to collect $10. What is the purpose of this tax anyway?

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Why is there NO Lehigh County Commissioners debate?

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While people will often claim that people who don't vote are doing a disservice to democracy I think that people who blindly vote straight party line are far worse.

Hank_Hill

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Bethlehem City Council did the right thing in approving the rezoning of Martin Tower. The merchants are whiners who claim they are not scared or competition but yet clearly do not want to compete. Council made a decision that will ultimately position Bethlehem to be competitive for new businesses. As a resident I want to know what is wrong with new retail development in Bethlehem? If Main Street offered something people would want, people would go there. But they offer crafts and foo foo. Yeah. Good luck.

Landfill Owner Dumps $95,600 Into Lower Saucon Race

Bethlehem Landfill in September

(Blogger's Note: This is an update from a story published earlier in the week.)

At a time when pay-to-play has caught the attention of federal authorities in Allentown and Reading, and has even raised eyebrows in Bethlehem, IESI Corporation has quietly dumped $95,600 into the Lower Saucon Township Council race, according to campaign finance reports on file at the Northampton County elections office. Its goal is to remove landfill opponents Priscilla M deLeon and David Willard, who currently sit on Council. It is supporting incumbent Tom Maxfield and challenger Sandra Yerger.

Who is IESI Corporation? It's the owner of the Bethlehem Landfill located in Lower Saucon Township. But how much longer it stays there is unclear. It will reach capacity sometime next year. If the state grants permission to stack garbage on top of 29 acres at its 201-acre site, it can remain operational for another six years. But what then? IESI has purchased 83 acres on the western side of its property, and wants to use 58 acres for garbage. Its problem? Zoning. That would have to change from residential to light industrial, and the current Council is no hurry to grant this wish. In an effort to get a more complaint Council, IESI has inserted itself in the electoral process.

Three Council seats are up this year. Two are held by Priscilla deLeon and Dave Willard, Democrats who have tended to be anti-landfill. The third Council seat is held by Republican Tom Maxfield, who has generally been supportive. If deLeon and Willard can be knocked off by a slate of pro-landfill Council members, IESI would be that much closer to an expansion.

Before the primary election, the landfill contributed a total of $40,000 to a political action committee (PAC) calling itself Responsible Solutions for Pennsylvania. This PAC supported a slate consisting of Maxfield and two other pro-landfill Republicans, Bill Ross and Sandra Yerger. It funded robo calls, live calls, five mail pieces and the creation of a web page. It also paid somewhere around $13,000 to a Philadelphia law firm (Obermayer, Rebmann, Maxwell and Hippel) who took care of filing the pre- and post-primary election reports.

Under Pennsylvania's campaign finance laws, corporate contributions are illegal. But these lawyers assured District Attorney John Morganelli that the usual ban on corporate contributions fell by the wayside because the contributions are "independent expenditures."

The Supreme Court's ruling in Citizen's United prevents any restriction on independent political spending. .

When the dust had settled on the primary, two of the three members of this slate had won. Sandra Yerger had 468 votes, and Maxfield garnered 441 votes. But Bill Ross, the third member of this slate only attracted 345 votes and lost out to Republican Donna Louder, who is anti landfill.

IESI spent $31.90 for every vote cast in support of the pro-landfill candidates.

deLeon (487 votes) and Willard (382 votes) captured the Democratic nod, along with Gary Gorman.(323 votes).

Now new campaign flyers are out, directly paid for by the landfill, promoting Yerger and Maxfield pro-landfill team. Campaign finance reports just filed in the elections office indicate that IESI has directly spent $55,100 for polling, research, canvassing door-to-door, and the purchase. It is using Mercury LLC, which bills itself as a "high-stakes public strategy firm" with "extensive must-win campaign experience."

As of the second Friday before election day, IESI has spent $95,600 in what increasingly appears to be an effort to buy an election. Whateverit spends between now and election day mist be reported in what are called 24-hour reports.

deLeon, Willard and Louder have formed their own bipartisan anti-landfill team. "We've spent hundreds," laughed deLeon. Their finance reports pale in comparison, and most of their small sums come from family and friends Whether this trio can win against vast amounts of corporate money remains to be seen in what appears to be a David v.Goliath race

deleon and Willard decided against teaming up with Democrat Gorman because his wife Cathy is the Township's Finance Director.

Jesus Christ Mulls Suit Against Northampton County

Our Holy Savior and Redeemer, Jesus Christ, was at the Northampton County Courthouse today. Donning a Burger King Crown and Marriott Hotel towel around his head, the Messiah immediately attracted followers in the form of Deputy Sheriffs as He made his way, Bible in hand, to the row offices. There, the Son of God announced His intentions to sue the County for harassment.

Though unclear exactly what County officials are currently doing to make life miserable for the Light of the World, this does mark the second time that secular authorities and the Christ have been at odds. Two thousand years ago, they crucified Him.

"He was very nice," gushed one row officer after the Chosen One promoted her to Civil Receptionist. But He left the Courthouse without actually filing a complaint, promising that that He'll be coming back when least expected.

Before leaving, He provided several Aramaic autographs that County officials pledged to sell to help pay for a proposed 4.5% increase in the salaries of non-union employees.

He refused to answer any questions about the Eagles this year. "I'm Jesus Christ, not Lombardi."

From Rosemont School To Assisted Living Facility?

Nimita Kapoor Atiyeh Under Cross-examination

At their October 21 meeting, Bethlehem's Zoning Hearing Board began hearing testimony on plans to convert the vacant Rosemont Elementary School, located at 815 Pennsylvania Avenue, into an assisted living center. Because the school is located in the middle of a residential community, a use variance is needed Close to 50 neighbors calling themselves the Rosemont Neighborhood Coalition packed into Town Hall to oppose Abe Atiyeh's latest plan. But Atiyeh, who was absent himself, unleashed his secret weapon at the hearing. That weapon is his attractive wife, Nimita Kapoor-Atiyeh.

As brash and divisive as Abe can sometimes be, his wife is the exact opposite. She testified under the guidance of prominent Bethlehem Attorney Jim Preston. Attorney Lawrence Fox, who is the Solicitor to the Zoning Hearing Board in Bethlehem Township, represents Objectors Wayne and Karen Achey. Fox actually complimented her work at two assisted living facilities she currently operates.

Current plans call for an adaptive re-use of the vacant school as a 75-bed facility, very much like the adaptive reuse of the old Hellertown High School into Saucon Valley Manor.

In opening remarks, Attorney Fox insisted that Atiyeh is really asking the Board to "re-write" the zoning ordinance, but is in "the wrong church and wrong pew." Preston briefly countered that he would prove the elements needed for a use variance. That requires proof that unique physical characteristics of the property prevent its use in the manner required under the zoning ordinance. The owner must prove a hardship and that the variance will still be harmonious with the surrounding neighborhood.

Kapoor-Atiyeh has considerable experience as an administrator at two assisted living facilities known as Whitehall Manor (215 beds) and Saucon Valley Manor (250 beds). She testified that demand his high and she has a waiting list at both facilities. Both facilities are licensed by the state.

At assisted living facilities, residents can come and go as they please, except for secured dementia residents. But she told zoners that very few of them travel on their own. Only three residents at each of her facilities have their own cars.

Asked about visitors, she responded there are "not enough." On weekdays, she told zoners that there are only one or two visitors per day at each of her facilities.

When questioned about dementia residents escaping, she told zoners that only has happened once in her 17 years as an Administrator. In August, a dementia resident got out in Hellertown and she told zoners that she ran down the street after him. He went to his nearby home, and she sat with him for four hours until he agreed to go back.

Atiyeh was also questioned about the noise from ambulances visiting the facility. She indicated that there are about five visits per week at each of her facilities, but the ambulances use no lights or sirens. "It's upsetting to the neighborhood and upsetting to the residents."

Garbage is removed twice per week from closed dumpsters. There is also a secured area for medical waste inside where medical waste is double bagged and sealed for inside pick up.

When questioned about possible hazards to children who wander onto the property, Atiyeh explained that her assisted living facilities would pose no danger because they have to be made secure against hazards for the older residents, who are on average 88 years old. She mentioned that a child did once visit her facility in Whitehall when his parents forgot to pick him up after school. "He sat in the lobby and ate ice cream until his grandparents came," she laughed.

Testimony in this case will continue at a later date. Karen Achey, a leader of Rosemont Neighborhood Coalition, said her group would have no objection to a church or Christian School at the site. But a proliferation of churches in that area is something that appeals to Atiyeh. "It's a wonderful location near churches where people can take their loved ones," she said.

Merciless Morganelli v. Bonecrusher Baratta

Bonecrusher Baratta with his cutman, Jill Cicero

One thing that really pisses me off during a public meeting is idiots in the peanut gallery who heckle or shout down other speakers. At yesterday's budget hearing, DA John Morganelli was taunted close to the end of an admittedly lengthy presentation about a disparity in wage increases for nonunion workers in next year's budget. I turned to tell this moron to knock it off, but changed my mind pretty quickly. It was our frickin' President Judge, Steve Baratta!  Having no desire to be sentenced to 20 years in the electric chair, which I probably deserve, I decided I really love the give and take of democracy. What I loved even more is that the District Attorney and President Judge were about to cross swords.

I had heard earlier in the day that battle lines were being drawn between Merciless Morganelli and Bonecrusher Baratta. These two guys are actually quite friendly. Baratta was Morganelli's First Assistant many moons ago. They both like to get to work early and can often be seen together early in the day, drinking coffee. But both are fearless advocates for their own departments, and tend to take no prisoners. So I loaded up on popcorn and waited for the show to begin.

In the DA's office, only 24 employees are left who don't belong to one or another of 11 different unions. Even the Detectives have their own union. Morganelli's 20 assistant DAs, two victim advocates and two secretaries are all that's left of nonunion employees in his department.

Earlier in the budget season, Executive John Brown met with Morganelli and asked him to limit his raises for these employees to just 2.5%. He was assured that all non-union employees would be getting the same raise. Wanting to be a team player, he agreed.

But that's not what happened. Nonunion judicial employees got a 4.5% raise instead of the 2.5% doled out to everyone else. Brown had apparently made the same request to Baratta, but the judge thought his nonunion workers deserve more.

When he spoke, Morganelli made clear that he thinks Judge Baratta's 4.5% request is "justifiable" and "understandable." But he was under the impression that "non-union employees were going to treated equally. ... I'm in favor of the 4.5% that the judge is asking, but I think it should be across the board." He warned Council that his assistant DAs could decide to unionize, as has happened in several other counties. He said there should be "consistency."

Morganelli's points were well made and he actually complimented Baratta for doing a better job of persuading Brown than he did.

Hayden Phillips has asked our new HR Director, Amy Trapp, to run the numbers on a 2.5% raise in Morganelli's office v. a 4.5% raise. He also wants a county-wide report on the difference.

"Why don't we just do 4.5% across the board?" asked Ken Kraft.

Brown stated that about 500 employees, 25% of the county workforce, are non-union. He warned that a 4.5% increase across the board would crate a "precedent" and "set an expectation." He said every percentage change in salary costs the County $1 million. So 4.5% across the board salary increase for non-union workers would cost $4.5 million, and in addition, would cost the County $2.5 million in benefits.

After Morganelli finished, he took off while President Judge Baratta had to sit and wait as Council went through several other departments. Recognizing that an independent branch of government should be given a little more deference, Lamont McClure asked Peg Ferraro to take the courts' budget ahead of when it was scheduled for review.

"I feel like the race started about an hour ago, and I'm just allowed to start running right now," he complained. Baratta explained that he made it clear to Brown that he wanted a 4.5% increase for his non-union staff, and Brown told him he could make his case to Council.

Baratta immediately went on the attack, claiming that Morgnelli just got a 4.5% wage increase for his secretaries in April. "Now they're also going to get 2.5, which will give them a seven per cent increase that the other non-union secretaries don't get. So I'm really not sure why it is that he takes offense to my coming here trying to protect my non-union employees." He went on to say that there is an "incredible salary compression" between nonunion and union employees. He said that Juvenile Center Supervisors, the equivalent of Lieutenants at the jail, have gone years without a raise. Unlike those Lieutenants, they must be college graduates and are start at about $38,000. A Lieutenant's starting salary is $48,000, according to Baratta. Union employees supervised by these Juvenile Center Supervisors make more money.

"It's not like we're being greedy or acting as though we're special," he said. "I think it's a little unfair of [Morganelli] to stand up here and try to take the high road and say we're being pigs about this."

I don't know what planet Judge Baratta was on when Morganelli was speaking, but it wasn't Earth. The DA only argued for consistency, and actually praised Baratta. For some reason, the PJ construed a request for parity as an objection.

He finished by saying he would be doing a disservice to his own staff if he failed to advocate on their behalf "for what I feel is a reasonable increase."

Judge Baratta has approximately 78 non-union employees. A 4.5% salary increase to non-union workers will cost the county $68,000.

Actually, the real problem here is not Morganelli or Baratta. It's a Human Relations Department that has failed to implement new pay scales on the basis of periodic salary studies In addition, it is an inexperienced administration that has been too willing to let union contracts be decided at arbitration instead of negotiating.. That's what causes the salary compression mentioned by Judge Baratta.

Still it was great fun to watch these guys go at it. I'd declare Merciless Morganelli the winner by decision. He kept his cool while Bonecrusher Baratta lost his. But if I see Baratta, I'll tell him he won and that Morganelli was very unfair. .

Brown Restores Hotel Tax Grants Process

NorCo DCED Director Diane Donaher's plan to seize control over nearly $500,000 in hotel tax grants, and hand them out as she sees fit, is officially dead. Executive John Brown told Council yesterday that he is restoring the normal hotel tax grants application process so that groups like State Theatre, Blue Valley Farm Show and Bach Choir could receive some funding to promote tourism. But because Donaher refused to take applications earlier this year, groups like Celtic Classic and the Kreidersville Covered Bridge are going to have a difficult time putting together applications on such short notice.

Council was completely unaware what she was planning until last week's budget hearing, when she went so far as to suggest that she might even hand the entire sum over to Andy Daub's Northampton County Historical Society, and let him decide where that money could be best spent. The top of Lamont McClure's head flew off when she said that, and it's still on it's way to Mars. Daub is a major GOP contributor, and McClure is a Democrat. .  .

Personally, i think she just threw that out there. The person she was really seeking to empower was herself.

Brown is shooting to have these grants voted on at the November 21 meeting. Thanks to Donaher's refusal to accept applications earlier this year, it's  unclear whether applications can be put together that quickly.

Exec Sez Healthcare Award Could Cost $1 Million

Though Northampton County is dragging its feet about producing a copy of the ruling, Director of Administration Luis Campos and Executive John Brown have both admitted that, earlier this month, they lost a major union grievance. It was filed by AFSCME Local 1435 over the Exec's unilateral decision to reduce health care benefits, starting this year. The arbitration award impacts about 650 Gracedale workers. At yesterday's budget hearing, Brown predicted this could cost the County about $1 million. Though that's a lot of money, it's a lot less than the $2.5 million figure I was initially provided.

Rumor Mill: Hailstone Leaving Allentown

Sara Hailstone, Allentown's DCED Director and Executive Director of the secretive NIZ board, is reportedly resigning. I have no additional details.

A Kinder, Gentler Bethlehem City Council Pushes Martin Tower Rezoning Forward

Jeff  Fegley

Although Bryan Callahan managed to make an ass out of himself by insulting merchants with inaccurate statements about City largess magnanimously bestowed upon them, it was still a kinder and gentler City Council who really, really listened, and said several times that they were really, really listening, when 68 people crammed into City Hall last night. Most were downtown and South side merchants, and were there to beg Council to think twice about a new mixed zoning concept at the 53-acre Martin Tower development, which could create up to 1.3 million sq ft in publicly subsidized retail to compete against stores that are already competing against the publicly subsidized Allentown NIZ. They are concerned about a third downtown that will drive them out of business. Council really, really listened and they were very nice to everyone who spoke. Then they voted 6-1 to move ahead with the re-zoning and worry about the details later.

Before Council said a word, they heard from a procession of 22 speakers, all of whom spoke against the re-zoning

When they were finished, Willie Reynolds (28% funded by CRIZ and TIF) apologized for his behavior at the last meeting and said he really, really doesn't want to see a third downtown or 1.3 million sq ft of retail. But he wants Martin Tower to come tumbling down and wants to move the rezoning forward. He said they could make text changes on the fly or sometime later. Mayor Bob Donchez (33% funded by CRIZ and TIF) told Willie he wanted to move forward, too, and mentioned "flexibility.". Mike Recchiuti (36% funded by CRIZ and TIF) was all for doing exactly what Willie wants. Lou Stellato (appointed) said he comes from small business, but "it's time to make a decision." Never mind what kind of decision. Cathy Reuscher (appointed) loses sleep over thorny questions like these and wished everyone could be at home watching Netflix. (Yes, she really said that). Adam Waldron (3% funded by CRIZ and TIF) had the feeling that something's "being jammed down our throats," but added he's new and then leaned heavily on Willie instead of following his own instincts. Eric Evans (12% funded by CRIZ and TIF) is a Council veteran and correctly suggested this matter be sent to a committee that would insist on seeing a plan and the developer behind that plan. he also pointed out that many West Bethlehem residents don't want to see a huge residential development there, either.

Eric Evans' motion to send the rezoning for review by a committee failed, after which Council voted 6-1 to send the rezoning proposal forward with the understanding that changes are coming.

Evans was the sole No Vote, although they say "Nay" in Bethlehem. It sounds more dignified, I guess. They wear suits, too. .
.
Though merchants would have preferred to see the ordinance killed or tabled, I think they were somewhat mollified by Council's promise to sharply reduce the amount of publicly subsidized retail and prevent the creation of a third downtown. So they started putting away the pitchforks and torches because it appeared Council was really, really listening. Really! .

This Morning Call photographer disrupts every meeting he attends
with thousands of pictures that interfere with the public's ability
to see what the hell is going on. 

Then Bryan Callahan (36% funded by CRIZ and TIF) spoke and fired everyone up again. He wasn't really, really listening. He was blowin' oil over some flyer someone stuck in his mailbox

It wasn't me.

He ripped into Bruce Haines for accepting a publicly subsidized loan below the usual interest rate at the Hotel Bethlehem.

Last time it was Willie going after Haines and this time it was Callahan.

I think it's safe to say they don't like him.

Incidentally, Callahan had his facts wrong. That loan pool was made up of private, not public funds. Haines paid the market interest rate. The loan's been paid.

After insulting Haines, Callahan went after all the merchants because the City paves Main Street and gives them nice lighting.  

He slammed merchants because the City chipped in and paid half the cost for new sidewalks for downtown merchants. Never mind that those sidewalks are about three or four times the size of a normal sidewalk.

He then ticked off public subsidies for the South side and went on to say that "government input is needed to start an economic engine."

I have a different view. If a project is good, it should need no jump starts from the government. If it is bad, no amount of public money is going to help.

By the time Callahan was finished, merchants had lit up their torches again. But because it was Bethlehem, they looked like Moravian stars.

I wonder what the hell was in that flyer that got him so stoked up.

Here's a summary of what some merchants and residents told Council before they decided to move forward with the Martin Tower rezoning,.

John Lustig

John Lustig, who recently was at the Zoning Hearing Board for his new, freshly made hot dog shop on New Street, wished he could have the Mayor pushing zoning changes for him when he stood before zoners.

Krisann Albanese, a message therapist, noted that Mayor Donchez was on City Council and voted for the zoning changes requested by developers Lew Ronca and Norton Herrick in 2006. "You're proposing to do over for him what was such a great idea then. ... I'm asking for a do-over."

Diane Holt (Appollo Grill) noted the Martin Tower project was misrepresented as "shovel ready" in the CRIZ application. "The developer doesn't have to speak. Our government is speaking for him."

Rod Holt (Appollo Grill) was told by two Planning Commissioners and one City Council member not to waste his breath because this is a "done deal." He asked why civil leaders are ignoring the business community. "One look at the campaign expense reports says it all."

Bruce Haines (Hotel Bethlehem). "What's needed is a change in ownership, not a change in zoning." Noting that Ronca never bothered to join LVEDC, he said "he's never been in the game."

Dana DeVito (Moravian Book Shop) "The developer should be asked to share his vision."

Peter Crownfield. (played ET) "If the developer made a bad decision, that's on him. ... [Council] needs to learn how to support people already in Bethlehem." He ended with, "I'll be right here."

Bruce Haines (Aardvark, aka the good Bruce). Since the CRIZ designation has increased the value at Martin Tower, why isn't the City seeking a reassessment?

Neville Gardner (Donegal Square) Lancaster selected blighted areas downtown for its CRIZ, while Bethlehem has allowed a select group of handpicked developers to decide where they want tax breaks.

Beall Fowler (gazillionaire) is reminded of someone who wanted municipal leaders to rezone woodland to agriculture. They agreed and two years later, he had a pig farm. He called Martin Tower rezoning "the commercial equivalent of a pig farm. It stinks up the entire community."

Dana Grubb (camera wizard) noted the links between elected city officials and campaign contributions.and asked, "Who will determine the future of Bethlehem, the community or special interests?"

Will Carpenter (retail development) has never seen rezoning happen "at the impetus of a Mayor and Planner." Council members who accept large contributions from CRIZ developers should recuse themselves to "avoid the appearance of impropriety."

Jeff Fegley (Brew Works) called the current CRIZ "a tax incentive on steroids," and called on Council to "create a fair CRIZ plan or end it altogether. Stop the pay to play guys. It exists."

Steve Antalics (male escort) said Council has a moral choice to "vote the will of the people who elected you or vote the will of developers."

Pay to Play, Landfill Style

IESI Corporation is the owner of the Bethlehem Landfill located in Lower Saucon Township. But how much longer it can stay there is unclear. At the rate things are going,  it will reach capacity sometime next year. If the state grants permission to stack garbage on top of 29 acres at its 201-acre site, it can remain operational for another six years. But what then? IESI has purchased 83 acres on the western side of its property, and wants to use 58 acres for garbage. Its problem?  Zoning. That would have to change from residential to light industrial, and the current Council is no hurry to grant this wish. In an effort to get a more complaint Council, IESI has inserted itself in the electoral process in a big way. In the primary race alone, the corporation has spent $40,000 to get what it wants.

Three Council seats are up this year. Two are held by Priscilla deLeon and Dave Willard, Democrats who have tended to be anti-landfill. The third Council seat is held by Republican Tom Maxfield, who has generally been supportive. If deLeon and Willard can be knocked off by a slate of pro-landfill Council members, IESI would be that much closer to an expansion.

Before the primary election, the landfill contributed a total of $40,000 to a political action committee (PAC) calling itself Responsible Solutions for Pennsylvania. The PAC supported a slate consisting of Maxfield and two other pro-landfill Republicans, Bill Ross and Sandra Yerger.. This money funded robo calls, live calls, five mail pieces and the creation of a web page that is no longer active. It also paid somewhere around $13,000 for a Philadelphia law firm  (Obermayer, Rebmann, Maxwell and Hippel) that took care of filing the pre- and post-primary election reports.

Under Pennsylvania's campaign finance laws, corporate contributions are illegal. But these lawyers assured District Attorney John Morganelli that the usual ban on corporate contributions fell by the wayside because the contributions are "independent expenditures."

The Supreme Court's ruling in Citizen's United prevents any restriction on independent political spending. .

When the dust had settled on the primary, two of the three members of this slate had won. Sandra Yerger had 468 votes, and Maxfield garnered 441 votes. But Bill Ross, the third member of this slate only attracted 345 votes and lost out to Republican Donna Louder, who is anti landfill.

IESI spent $31.90 for every vote cast in support of the pro-landfill candidates.

deLeon (487 votes) and Willard (382 votes) captured the Democratic nod, along with Gary Gorman.(323 votes).

Now new campaign signs are out, paid for by Responsible Solutions for Pennsylvania, promoting the Yerger and Maxfield pro-landfill team. deLeon, Willard and Louder have formed their own bipartisan anti-landfill team. deleon and Willard decided against teaming up with Democrat Gorman because his wife is the Township's Finance Director.

Will the landfill buy this election? Stay tuned.

Allentown City Council Race Now Includes Two Write-in Candidates

Lou Hershman with his grandson Cole

In response to an ongoing FBI investigation into pay-to-play at City Hall, two well known community activists, Rich Fegley (D), and Shane Fillman (R) have decided run their own write-in campaigns for City Council. Both are part of a bipartisan slate of candidates known as “Reform Allentown Now.” They include City Controller candidate Steven Ramos (R) and City Council candidate Lou Hershman (R). Their platform? Transparency and accountability in our local government.

Both candidates also pledge to work on a resign to run ordinance as well as term limit legislation to ensure that our elected public servants can devote adequate time to their official duties and that they can remain close to the people they represent. Fegley and Hershman, both known for their frequent insights at City Council meetings, will be watchdogs instead of the current crop of lapdogs.

Fegley is a founder and co-owner of Fegley's Brew Works, which has successful businesses in Allentown and Bethlehem. Hershman is a former city controller and Council member and founded the successful Hershman and Associates accounting firm. Fillman, known as the “Mayor of Old Allentown,” has served with the Old Allentown Preservation Association and Historic Architectural Review Board.

Pittsburgh Post Endorses Judge Giordano For Superior Court

You can read the endorsement here. I am more than a little astonished that Judge Giordano's opponent would think she is entitled to the job simply because she is a woman. If Judge Giordano suggested that he should be elected because he is male, he would rightly be branded a sexist. Perhaps she was just relaying what election experts tell her, but it's something that was better left unsaid. Incidentally, ten of the Superior Court's 14 judges are women.

DA: Bethlehem Contractor Fraudulently Lists Employees as Subcontractors

Kevin Lott, Carpenters Union

In what he believes to be the first ever criminal prosecution on a county level, District Attorney John Morganelli announced on Monday that he intends to charge Bethlehem construction firm Salukas and White with a scheme to defraud workers of decent wages and the government of taxes by deliberately misclassifying employees as subcontractors. He also plans to charge Mark White, a principal in that firm, with perjury and false swearing before a Northampton County Investigating Grand Jury.

Marganelli is acting on a recommendation of that Grand Jury, which heard testimony from employees and subcontractors who say that the firm paid close to a million dollars to two middlemen who would recruit day laborers and pay them in cash. Between 2001 and 2013, Salukas and White paid Tony's Drywall and Leauber Drywall  $884,254 to recruit and pay workers, in cash, far below the minimum wage standard in the construction industry. The middlemen took a ten per cent cut. According to Morganelli, this practice allows companies like Salukas and White "to compete unfairly against firms who play by the rules." It deprives the government of tax revenue. Even worse, it harms workers.

"This practice is going on right now with the same company,"  said Kevin Lott, business agent for LV Carpenters Union Local 600. "It's so refreshing to see somebody do something about it." Lott accused Salukas of "exploiting people" who will end up on welfare when they turn 65 because they will be unable to collect social security. "It's a shame on every level."

Morganelli also plans to make the Grand Jury's findings known to the IRS, Northampton County members of the state legislature, Governor Tom Wolf and Pa. Executive Deputy Secretary of Labor Robert V. O'Brien. .

Northampton County Drags Feet in Producing Arbitration Ruling

On October 13, I told you that an arbitrator has upheld a grievance on behalf of AFSCME Local 1435 over healthcare reductions unilaterally imposed by Northampton County Exec John Brown last year. This impacts about 650 Gracedale employees. That day, I also filed a Right-to-Know request, seeking a copy of the order or ruling. It was a perfunctory request for information to which the public is clearly entitled. I did not seek a copy of the underlying opinion, just the order itself. It likely is no more than two pages long.

Yesterday, the County invoked a 30 day extension until November 19, in which to respond to this request.

That's ridiculous, and is obviously intended to delay the public's right to know concerning a matter of vital importance to both employees and taxpayers. The deliberate foot-dragging concerning this information betrays a lack of transparency, which remains a hallmark of the John Brown administration.

Bethlehem Tp Comm'rs Ponder 37.6% Tax Hike

Craig Storrs

As I warned you on Monday, Bethlehem Township Commissioners began pondering a tax hike as high as 37.6% during the first of several budget hearings on October 19. Those hearings will continue every Monday night, starting at 5 pm, through November 2. A formal Budget for next year will be introduced on November 16, with adoption scheduled for December 21.Since 1993, there have only been two increases in the Township's millage rate.

I arrived at the tail end of the discussion, which was attended by about 15 residents. Martin W. Comer, a regular at Board meetings, noted that many seniors on fixed incomes are unable to afford this kind of increase. "Where do you think we're gonna' get the money from?" he asked. "I doubt very much we can eliminate it without cutting services," responded Tom Nolan. Craig Storrs, a Northampton County Criminal Division employee with a Master's Degree in Public Policy, called the budget "fiscally irresponsible" and asked how a 37.6% can be justified when employee raises are given across the board.

Manager Melissa Shafer thanked the public for their suggestions and invited them to call for one-on -one sessions with her to discuss ideas.on how to reduce spending.

In other business, Marty Zawarski agreed with Barry Roth's complaints about the recent dorm expansion at Northampton Community College, which almost doubled the number of students who live on campus. Roth  is concerned about the safety of students crossing Green Pond Road, where the dorms and parking are located, to the main campus. He chastised Commissioners for not insisting on a traffic study or demanding an overhead bridge. He noted that the lighting is poor in that area, and the treeline makes it impossible for drivers to see students until they are crossing the street.He added that students cross at different crosswalks, and should be limited to just one. he called the situation a "disaster waiting to happen," and also indicated that police are called to the area weekly because of loitering complaints.

"The community college has to step up and accept responsibility for the situation they created," agreed Zawarski, who added that "the trees could be gone tomorrow" if the college was interested in driver and pedestrian safety.

Commissioners also approved a planning module for sewage facilities at St. Luke's Anderson campus, and also agreed to permit Old Dominion Freight to commence redevelopment of a 43,000 sq ft distribution warehouse on Broadhead Road. Bethlehem Attorney Blake Marles told Commissioners that there will be only 100 trips to and from that site on a daily basis.

NorCo Deputy Sheriff Gretchen Kraemer to Join Beth Tp PD

Bethlehem Township may be pondering a tax hike, but Commissioners scored a major coup at their October 19 meeting. By a 4-0 vote, they accepted Chief Dan Pancoast's recommendation and appointed Northampton County Deputy Sheriff Gretchen Kraemer to their police force. Northampton County's loss, and it truly is a loss, will be Bethlehem Township's gain.

I don't have her curriculum vitae, but remember Gretchen back when she worked in the Criminal Division. Even miserable bastards like myself liked her, and I don't like anyone. We all knew she was going places, but her next career move shocked us all.

She became a Bethlehem City police officer, and probably would still be there today except for circumstances in her family life that required her to be a caregiver. Unable to work the shifts expected of new police officers, she was able to return to Northampton County, but this time as a Deputy Sheriff.

Whether it was courtroom security or manning the door, she performed her duties cheerfully and professionally.

She is one of the deputies whose quick thinking saved the life of my good friend, prominent Bethlehem Attorney Rich Schaedler. n 2013, he suddenly collapsed outside a courtroom. She was part of a team of ten deputies who would not give up, even though Rich's heart had stopped beating for seven minutes. They used CPR, first aid, oxygen administration and an AED (Automated External Defibrillator) until a faint heartbeat returned.

Like Lazarus, Schaedler had risen from the dead.

Though she's obviously an excellent Deputy, she told me she always loved police work. Once her family situation improved, she applied with Bethlehem Township's police department. Chief Pancoast called her his first choice, and told Commissioners she is "well qualified as a police officer."

She is married to Jason Rosati, a Lieutenant at the jail who was amazingly fired for insisting that corrections officers follow the uniform policy. His appeal to the Personnel Appeals Board is still pending. Though he had a hearing in July, his appeal has languished since then with no new date set by the Board.

Pay-to-Play Making Bethlehem Inroads

Just before Independence Day, federal agents descended upon Allentown City Hall with a search warrant and subpoena for information concerning numerous contracts with entities that just happened to be campaign contributors to Mayor Edwin Pawlowski. Just a week later, the same thing happened in Reading. Since that time, Reading's then City Council President, Francis Acosta, and prominent Lehigh Valley entrepreneur Ramzi Haddad have both pleaded guilty to public corruption in what appears to be a major investigation into illegal pay-to-play. Could the same thing happen in Bethlehem? Are special interests like the CRIZ and Martin Tower developers buying elections? An analysis of campaign finance reports filed in Bethlehem from 2013 to present indicate that crony capitalism, in which business interests and politicians co-opt each other, is making serious inroads.

Bethlehem Mayor Bob Donchez recently imposed a gift ban on all city employees to avoid even the appearance of impropriety. But roughly $1 out of every $3 contributed to his campaign, or 33%, comes from unions, developers, engineers and others who have a vested interest in the Bethlehem's CRIZ, TIF or other City-sponsored projects.

CRIZ participants Dennis Benner (Greenway Park), Lew Ronca and Norton Herrick (Martin Tower), J.G. Petrucci (Third St), Jeff Trainer (Sands Convention Center, Mike Perrucci (3rd St) and Majestic Realty's Ed Roski (LVIP) are all contributors. Is it coincidence that they, as one other developer puts it, "are controlling the cards and not letting anyone else at the table?"  

Their influence only begins with Donchez. It also extends to his political rival and opponent in the 2013 Mayoral race, City Council President J.William Reynolds. His finance reports show that 28% of his election funding comes from the same vested interests.

When major contributions from Ronca and Herrick were called into question at a recent City Council meeting concerning zoning changes at the Martin Tower site, Reynolds called on Donchez, who accepts the same kind of contributions himself, to vouch for his integrity.

A similar pattern exists among incumbent Council members Mike Recchiuti (36%), Bryan Callahan (31%, as well as incoming Council member Shawn Martell (25%).

Recchiuti defends the practice. "I am proud of the support I have received," he has stated. He insists that contributions from Martin Tower interests only make up 13% of his total fundraising. "As a City Councilman, I have always put the interests of the entire City of Bethlehem first, and will continue to do so for the remainder of my term."

But there's another group of Council members who are much more sensitive to accepting money from developers and related business interests that depend on government favoritism to succeed. Eric Evans (12%) and Adam Waldron (3%).have much smaller contributions from these special interests.

In January, they will be joined by two Council members who believe that putting the City's interests first should rule out accepting money from developers and engineers who are looking for CRIZ or NIZ tax breaks. Olga Negron and Michael Colon, elected from the Lehigh Valley's growing Latino community, relied on grass roots support and family instead of crony capitalists. While Negron has stated that she supports the CRIZ, "we do not want to provide a license for [developers] to destroy our city’s historic treasures or diminish the character of our charming neighborhoods." She is apparently referring to the Martin Tower development, one of the CRIZ projects.

Neither Negron nor Colon take office until January. Council is scheduled to vote on changes to Martin Tower zoning before then to make it more "flexible" and allow more retail. Historic downtown and South side merchants have spoken forcefully against this proposal. The decision will be made by a 7-person Council, two of whom were appointed. Three of these Council members indicated before a word was spoken at public hearings that they support rezoning at Martin Tower. Reynolds went so far as to interfere with a Planning Commission review in July.

According to Common Cause, Pennsylvania is one of only 11 states that impose no limits on campaign contributions. In 1992, then Governor Bob Casey called on the state legislature to "liberate the electoral process from the tyranny of the campaign dollar." Instead, individual campaigns in local races are often in excess of what can be contributed to someone running for the United States Senate.

Since there's no urgency to Martin Tower and three new Council members will take office in January, it makes sense to table this rezoning when Bethlehem City Council convenes this evening. Wait for seven people who were actually elected. But Recchiuti is unwilling to wait for the next Council. "I plan on doing my job until my term expires," he insisted. "I do not believe I would be serving those who voted for me by deferring tough decisions to the next council. I also believe it would be inherently unfair for this council to leave those tough decisions for the future inexperienced council members to make so early in their term."

My analysis of the campaign expenses of Mayor Bob Donchez and City Council is located here.

Rich Fegley Mounting Write-In Campaign For Allentown City Council

From Rich Fegley's Facebook Page: I can skip the nomination process and beat the Pawlowski PACs by running for City Council as a "write-in". 
I don't need (much) money to win. I need trust, integrity and votes from people in my community that want me to represent them at City Hall.
If City Council will not investigate Mayor Pawlowski now, I'm ready to step in and become a member of City Council where I can officially ask for an investigation.
I think Councilwoman Jeanette Eichenwald is waiting to officially ask for this investigation because she knows that no other member of Council would second her suggestion to investigate Pawlowski.
Are you expecting to vote this year? We need you to vote in Allentown.

Two other candidates who are worthy of your vote are Lou Hershman, the City's former Controller and an outspoken advocate for fiscal restraint; and Roger MacLean, the City's former police chief.

Fed Ed's backed candidates include Candida Affa and Jeff Glazier, who need to return the pay-to-play money they received from Pawlowski PACs, just as Hillary did.