NorCo's Budget Guru Warns Hotel Taxes Could Drop This Year

Ken Kraft with January's hotel tax grant applications

During a presentation about hotel taxes at NorCo Council's Finance Committee on May 18, Budget Administrator Doran Hamann warned against awarding tourism grants before knowing a little more about how much revenue is coming in from the hotels this year.

DiscoverLV, which gets 68.75% of the hotel tax, called Hamann after receiving its check for the month of March.

"Where's all our money?" asked President Mike Stershic.

"What do you mean? We sent you all we received."

Hamman told Stershic he'd look into the possibility that DiscoverLV was being shortchanged.

"Right now, through the first quarter of 2016, the revenue collected is only up 1.6% higher than it was in 215. Now you say, 'What's the problem? We're up 1.6%.' If you go back a year in time, for the first quarter of 2015, it was up 14%. When you go back another year, it was up 8%. ...

"By the time we get to the end of the year, that increase usually comes down. Well, you'd say it should go up in the summertime. For some reason, the revenues are more robust in the beginning of the year than at the end of the year. ...

"My concern is last year we were at 14% in the first quarter, but at the end of the year, we were only up 8 1/2%. It dropped from the first quarter to the fourth quarter. The previous year when it was eight per cent [in the first quarter], it was four per cent [at the end of the year].

"I'm just telling you what history has shown us. We're only up 1.6%. If we drop four per cent or five per cent, we're going to physically collect less hotel room rental tax revenue in 2016 than we did in 2015. Mike Stershic said, 'You're right Doran. It's basically stagnant out there.'" ...

Hamman cautioned against spending "all the money that we think we're gonna' get because, if we don't get it, we have to make some hard decisions about reducing the payouts to the individuals." He warned that, if hotel tax revenues drop 11% this year, the County will have a problem.

Hamman predicted that a $1 million grant to Steelstacks and PBS-39 should be completely paid in September or October.

Department of Community and Economic Development Director Diane Donaher, prior to her abrupt resignation, had told Council that there would be hotel tax money vailable for a second round of tourism grants this year. Hamann advised waiting to see whether revenues pick up.

Council President John Cusick stated that Council should avoid pledging any additional money to outside groups until next year.

Hotel Bethlehem Managing Partner Bruce Haines agreed with Hamman's assessment about hotel stays in the first quarter of this year. At the Hotel Bethlehem, they were up about one or two percent, but in the previous two years, the increases were much higher. Haines is unable to explain why the increases were so high during 2014 and 2015. But he disputed Hamman's view that rentals will drop below the first quarter as the year goes on. According to Haines, the fourth quarter is actually the busiest time at hotels in the Mid-Atlantic region, while first quarters are usually stagnant.

NorCo Council Ponders More Gracedale Staff, Despite 1Q Deficit

Northampton County Council is poised to add personnel costs at Gracedale, the county nursing home. The personnel committee yesterday accepted Executive John Brown's recommendation to add two full-time and three part-time housekeepers for the afternoon shift. Currently, there are no housekeepers on the afternoon shift. Deputy Administrator Cathy Allen told Council that the housekeepers would be used for "bigger projects."

In addition, Council's Personnel Committee accepted Brown's recommendation to increase the LPN per diem rate from $24 to $28 per hour in order to be competitive. LPNs in the per diem pool are limited to 950 hours per year.

Council President John Cusick questioned the wisdom of adding staff at Gracedale when the unaudited first quarter report shows that the nursing home is already $1.7 million in the red. Controller Steve Barron countered that it is only because Gracedale is waiting for reimbursements from Medicare and Medicaid.

Cusick also complained about per diem nurses being unionized. A teacher in New Jersey, he noted that substitute teachers in his district are never compelled to join a union. But Deputy Administrator Cathy Allen noted that the only reason the County was able to establish a per diem pool for LPNs is because AFSCME, the collective bargaining agent for most employees at Gracedale, agreed.

The full Council will vote on both of these measures tonight.

NorCo's Bloated DCED

Diane Donaher

When John Brown became Northampton County Executive in 2014, he refused to fill vacancies in departments like the Civil Division, Criminal Division or even at the jail. He wanted to be really sure these positions were needed. They were, and his delays resulted in serious backlogs in the row offices and lots of mandatory overtime at the jail. He created a manpower crisis that was complicated by delays built into the hiring process. While many county workers were struggling to keep their heads above water, Brown did not hesitate to pack the Department of Community and Economic Development with nine people, apparently believing this would create and retain jobs in the private sector. That never happened.

The problem with NorCo's DCED

John Orsini

What Brown has instead achieved is a bloated and top-heavy department that has repeatedly rebuffed Council requests for a report about what exactly it is doing to create or retain jobs. Director Diane Donaher did establish a loan and grants program for the smaller communities, but it's too soon to say whether that program is anything more than a facade to match the facade grants being offered.

Donaher became known for a rather imperious attitude. The most glaring example of this was the decision, which she apparently made on her own, to take control over nearly $500,000 in tourism grants awarded by Council each year. She knew better than the people's elected representatives, and even went so far as to contact grant recipients and tell them there would be no money.

When her grand plan became known, Council exploded. Brown quickly reversed her, although it was by then too late to award any grants last year. Brown assured Council that they, and not she, would have final say over hotel tax revenue.

Unfortunately, there are other examples of someone who seemed more focused on creating her own little fiefdom than in creating jobs or providing affordable housing. Like taking Bryan Cope out of Open Space, where he belongs. Or trying to take control over departments like the Conservation District, whose interests might at times be averse to hers  Or scheduling a private meeting of all the authorities for the purpose of hiring a consultant, in blatant violation of the Sunshine Act.

Enter Timmy Herrlinger, a John Brown crony

It's no surprise that Donaher has resigned. In fact, when Brown decided to bring Deputy Director Timmy Herrlinger on board, she was among the last to know. She found out when IT called her about his phone. The writing was on the wall.

Herrlinger is a John Brown pal. Soon after his hire, he placed a sign over his office saying, "Do Not Disturb unless you are bleeding." He was writing. Perhaps he's doing his memoirs. When people ask him about different matters, his stock answer is, "I'll check this out with my friend, John."

LVEDC Morphs From Whipping Boy to Breath of Fresh Air

While all of this was going on, Don Cunningham and the Lehigh Valley Economic Development Corporation (LVEDC) came into Northampton County recently like a breath of fresh air. For years, LVEDC has been Council's favorite whipping boy. Whether it has been Ron Angle or Wayne Grube, whether fair or unfair, LVEDC has always been blamed for driving development to Lehigh County. But after Cunningham's most recent report, I thought Bob Werner was wiping tears from his eyes. Cunningham presented a fact-driven speech demonstrating exactly what LVEDC has been doing over the past 18 months. He has even prepared brochures and videos to market the Slate Belt, Easton, Bethlehem and Northampton County.

The winds have shifted.

Brown himself seems uncertain whether he wants to continue with a bloated DCED department whose economic development function appears to be redundant with the work being performed by LVEDC. On May 11, he informed Council that his new Deputy Director Tim Herrlinger is now the Acting DCED Director, but has not increased his salary beyond the $72,623 at which he was hired, which is $3,000 more than Deputy Director Lori Szywensky was making when she left the County for Turning Point. Brown has not nominated Herrlinger as Donaher's successor.

While I have no idea what Brown is thinking, Council member Bob Werner has made pretty clear that he is disgusted by the County DCED. In his email to fellow Council members, he makes this specific complaint and request:

"[T]here has been little presence, if any, at our council or committee meetings and we have had little or no updates as to what has been accomplished or what the committee as a whole has done or is working on. I respectfully requested the Economic team 's presence at our May 5th council meeting.and no one showed. I am now requesting, with ample time in advance, to have all Economic team members at our next council meeting to respond [to] unanswered questions and concerns that still are open."

Enter John Orsini the Meanie

I told you about this on Monday and yesterday. This was more than NorCo DCED Specialist John Orsini could bear. At 9:19 am, during business hours, he posted this personal attack, which even includes Council::

As one who works within this "bloated department", I have to say that the "bloat" is non-existent. The department is a consolidation of past functions that have been brought under one roof, and in fact has the same number of people that it had before the consolidation. I've been hearing from Bernie's trolls since I joined the department over a year ago, and have never been subjected to such lies, attacks and gossip. Bernie's trolls all have plenty to say that is not based on fact, only on innuendo, rumor, and unsubstantiated claims from people in various levels of the county and the community, and some I suspect, who may sit on the very Council that governs this county.

If you're going to try to destroy someone's reputation, Bernie, at least meet that person face to face and form your own opinion. How many of us in DCED have you met? I walk past you every day in your pursuit of dirt. You don't know who I am or where I work. Why not? As an ex-lawyer, I'm sure you know that here in America, you're innocent until proven guilty.

The people of DCED are dedicated professionals who work hard every day to try and make the County a better place. If this is repulsive to some, then so be it. I would consider the source when reading this blog. So to all you anonymous cowards...IDENTIFY YOURSELVES AND BE KNOWN AS THE TROLLS THAT YOU ARE.

By the way, the only bloated thing around the county is Bernie...

(I will be surprised if you post this, in whole or in part, as it doesn't fit your style of character assassination)\

John Orsini, DCED Specialist

At about 10:30 am, while I was working on a title search, Orsini confronted me in the Recorder of Deed's Office. I took it out into the hallway, and when I told him he has a bloated and ineffective department, he began poking me and telling me that I should be trying to get him more money.

He then said he wanted to talk to me, but wanted me to agree that everything he says is confidential. I refused to give him confidentiality, but met him in a lounge so we could speak freely without disturbing others. But when I got him alone, he refused to tell me where he worked before coming to the county, how long he has worked here, or his salary. He said his comment was made from his smart phone at break time (9:15 am). He said he has flexible break times. My conversation in the lounge with him was at 10:40 am, and he said he was on break again. After the conversation was over, he came back to tell me, this time in the presence of others, that he understood why I hate government and that it must be tough to lose my law license.

Orsini is paid $46,017.30 per year, and has only been working for the county for a year. His LinkedIn page shows that he is a journeyman, never lasting very long in any one job.

And he won't be lasting that long at Northampton County. He confirmed he has given two week's notice, and may have helped himself out the door even sooner with his antics yesterday.

I hear there may be some slots open in Allentown.

Beitler Explains Lower Mac's Low Taxes

In an informative post, Lower Macungie Commissioner explains how real estate taxes work in Lower Macungie. Basically, if your home is assessed at or below $111,300, you pay nothing. By his estimation, this means that about 1,000 households are tax free. The millage rate for homes that are valued higher is just 0.50, which is the fifth lowest municipal millage rate.

Although this is a remarkable achievement, my criticism (Yes, I complain about everything!) is that taxpayers throughout the rest of the state, including Allentown, are subsidizing the Township's police coverage. The Township depends on Pennsylvania State Police. But Ron has an answer for that, too, based on a 2013 police study. "The 'bottom line' is largely unchanged from previous police services studies. Lower Macungie Township has a low crime rate and a relatively low demand for police service, in spite of significant population growth and proximity to Pennsylvania’s third largest city."

Bethlehem Tp Police To Try Body Cameras

Tp Manager Melissa Shafer Discusses cyber security. 

At a brief and sparsely-attended meeting on May 16, Bethlehem Township Commissioners approved a $5,755 payment to WatchGuard for the purchase of several body-worn cameras for the police department. Michael Hudak cautioned that only some officers will be equipped. "If it works out, we'll look at equipping them all," he said.

Under current law, police officers can record oral communications using a body cameras, but must tell citizens that they are being recorded when “reasonably practicable.” The devices are banned inside of a residence.

Pennsylvania State Police Commissioner Tyree Blocker recently told state lawmakers that he supports body cameras, but is waiting for them to untangle legal issues concerning their use before investing $2 million to equip troopers.

Closer to home, The Morning Call reports that Allentown police began testing body cameras in 2015. Lehigh University police have been using them for over a year, and Bethlehem Police Chief mark DiLuzio is concerned about privacy.

In other business, Commissioners accepted Manager Melissa Shafer's suggestion to hire CORE BTS, at a cost of about $9,800, "to try and hack us." This is called "penetration testing" and is a way for municipalities and businesses to improve cyber security and protect sensitive data about citizens.

"We would be foolish not to test our security periodically," said Mike Hudak.

Commissioners also voted to support a Public Works municipal aid agreement with Palmer Township, as well as an agreement to hire g PA Fire Recovery Services (PAFRS) to serve as the third party billing agency for the Township in connection with emergency response reimbursements from insurance companies. Hudak assured one concerned citizen that only insurance companies are billed. "Our taxpayers never pay even if the insurance company does not," he said.

All votes were unanimous among the four Commissioners present. Tom Nolan was absent.

Malissa Davis invites residents to monthly roundtable 

In her monthly report, Manager Melissa Shafer stated that action is being taken this year to address the flooding experienced by Chetwn Avenue residents during heavy downpours. Public Works will increase the size of the swale on the Chetwin Playground side of the Bike Path to allow for more water to flow behind the path. Additionally, Township workers will repave the bike path from Sheridan Drive to the bridge over Freemansburg Avenue, adding approximately four inches of paving material to aid in keeping stormwater off the residential properties on Chetwin Terrace. She estimates that paving will take place in late summer.

Bethlehem Township Police, on their active Facebook page, are warning residents about fake Craiglist rental properties. "Please remember, if asked to wire money, purchase Green Dot or Itunes cards, or anything of that nature for an Internet transaction, there is a good chance it is fraudulent," warn Township police.

As the meeting ended, Malissa Davis reminded residents of a monthly "Meet the Commissioners" meeting held on the fourth Sunday of every month at the community center between noon and 3 pm. "It's really nice," she said. "We sit around a big round table and there's coffee. It's just a discussion of things that are going on in the township."

Updated 5/17/16, 2:15 pm, to correct an error in the final paragraph. The "Meet the Commissioner" get-togethers are on the fourth Sunday each month, not the third as I erroneously reported.

Brown Gives Timmy Command of NorCo DCED

On May 5, NorCo DCED Director Diane Donaher resigned after a mixed record of success. She never provided Council with a single report on job production, except within her bloated office. Nobody weeped when she left. But their are questions about her successor.

On May 11, NorCo Exec John Brown advised Council that Deputy Director Timmy Herrlinger, about whom very little is known, is Acting Director. As anal as ever, President John Cusick wants to prepare a Resolution, in triplicate, conforming this temporary appointment. He wants to send Herrlinger through the gauntlet of Ken Kraft's Personnel Committee.

For his part, Ken Kraft thinks there's no need to confirm an Acting Director. This is all within the Executive's prerogative.

Finally, Bob Werner has made clear he won't be voting for anyone at DCED, Acting or otherwise, until the entire department comes to a meeting and justifies their existence on earth.

All of this is deliberation and really should be discussed at an open meeting instead of in cyber space, as my post below makes clear.

But since the cat's out of the bag, let's talk a little about Timmy.

According to his LinkedIn profile, he's proficient in Mandarin Chinese. You can even see him doing Gangman style in the video above. That's actually Korean, but his understanding is only "elementary." I've got to admit this still beats Diane Donaher's gig as a voice over artist. You never know when you're gonna' run into a bunch of commie bastards.

Herrlinger served as Executive Director of the LCCC Foundation for over seven years, and his main job there was raising money from private charitable sources. He was also a teacher and a gift officer at Lehigh University (nine years) and Moravian College (three years).

He was hired because he is a personal friend of Brown. Diane Donaher never knew he was coming until someone from IT called her to find out where his phone belonged.

At LCCC, he reportedly had trouble meeting deadlines.

He's got a string of bullshit certificates, but does have a Master's from Lehigh in "Instructional Technology," which is a fancy way of saying that he is skilled at power point presentations.

He's no economic or community development director. Not even close. But Brown has only named him as Acting Director, and Council really has no say at this point.

Updated 7:50 am

NorCo Council, Emails and the Sunshine Act

The following is an email I sent to all members of NorCo Council late yesterday:

Members of Council:

As most of you are aware, and as I am often reminded, I am a suspended lawyer unable to practice law. But I am a fervent believer of local government transparency and accountability. Your practice of engaging in regular email exchanges may run afoul of the Sunshine Act. I am alerting you to this possibility so that you do not cross the line. I am copying your own able Solicitor on this matter. To the extent he disagrees with me, I would urge you to disregard my rant.

In previous meetings, I have heard vague discussions about a daily email going out to Council, along with exchanges that were taking place online instead of at meetings. Late last week, I became aware of a series of emails exchanged over John Brown's appointment of an Acting Director of Community and Economic development. I have since filed a RTK, and the entire online conversation was produced immediately. Most of it is completely innocuous. But a few comments in these exchanges constitute deliberation. This can only occur in an open meeting.

Pennsylvania's Sunshine Act was adopted because "the right of the public to be present at all meetings of agencies and to witness the deliberation, policy formulation and decisionmaking of agencies is vital to the enhancement and proper functioning of the democratic process and that secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society." 65 Pa.C.S.A. § 702.

Bob Werner indicated in these email exchanges that he won't support an Acting Director Appointment. John Cusick stated he felt Council should approve the Acting Director by resolution. Ken Kraft said that such a vote would usurp the Executive's power to appoint an Acting Director. All of this is "deliberation."

The Sunshine Act defines "deliberation" as "discussion of agency business held for the purpose of making a decision." Id. § 703. The Act further provides, "Official action and deliberations by a quorum of the members of an agency shall take place at a meeting open to the public." Id. § 704.

I believe the practice of discussing Council business via a cyber back room crosses the line.

I do not believe that the discussion of the DCED Director, however, is a Sunshine Act violation.

The word "meeting," as defined in the Sunshine Act, requires a "prearranged gathering of a quorum." Id. § 703. This discussion appears to have been more spontaneous. Nevertheless, as more and more issues are discussed by a quorum in a cyber back room, they will in effect become prearranged gatherings of a quorum that violate both the spirit and letter of the law. I am asking you, therefore, to refrain from deliberating county issues online.

To be clear, there is absolutely nothing wrong with fact finding and sharing information of interest.

This issue did arise in Luzerne County in 2013, and the Pennsylvania NewsMedia Association reached the same conclusion as I. Council responded by posting all emails exchanged among them online.

I think that is overkill, and that most of you wish to follow the law.

Waiting For Godot: Governor Tom Wolf

Below are two emails sent to the LV delegation to the Pa. State House as well as Governor Tom Wolf, asking them to support reform proposals that many of you shared in Friday's post, entitled. "What Good Government Reforms Would You Make?" Wolf recently did suggest some vague reforms, but the fact remains that he presides over one of the most corrupt states in the country, and his actions contradict him. While giving lip service to strong campaign finance reform, he regularly supports candidates who engage on pay-to-play, like AG candidate Josh Shapiro. McTish's company is getting the benefit of his bribes through lucrative state contracts. And he only whispers when he calls for Kane to step down. In the meantime, top investigative journalist Brad Bumstead reports that Harrisburg lobbyists are beginning to worry who among them is wearing a wire.    .

Letter to Governor Wolf:

Dear Governor Wolf:

Recent news events make clear that Pennsylvania is infected by a culture of corruption having statewide impact. Like a plague, it has gone on to infect local governments as well. In the meantime, you have been sitting on the sidelines, acting more like a Governor Godot than the man who imposed a gift ban on Executive employees.

I am from the Lehigh Valley, where six people have already entered guilty pleas in a federal investigation of political corruption in Allentown. Four of them are former public officials. Government has been brought to its knees while a Mayor in denial defies an unanimous City Council resolution calling on him to resign.

In nearby Reading, the same federal investigation has resulted in guilty pleas by three people, including the President of City Council. Its Mayor was rejected by voters in recent election.

Harrisburg's former Mayor faces nearly 500 charges of theft, fraud and outright corruption.

A United States Congressman, Chaka Fattah, is on trial in Philadelphia for racketeering and public corruption. Those kinds of prosecutions are usually reserved to the mob and drug cartels.

State Treasurer Robert McCord, your former political political rival, has pleaded guilty to outright extortion. Governor Rendell's former Chief of Staff has entered a plea, amazingly, to stealing from the FBI. Six public officials in Philadelphia have been charged with accepting bribes. Five have pleaded guilty or no contest and have been allowed to keep their pensions.

Your own Attorney General whitewashed an investigation into political corruption at the Turnpike Commission, allowing eight people to escape with slaps on the wrist and excusing admitted criminal behavior by pay-to-players like Matt McTish, who continues to benefit from state contracts. This Attorney General faces charges of lying to a Grand Jury. The Democrat seeking to replace her, endorsed by you, is himself featured prominently in accepting contributions from the same characters already charged in various federal probes.

While you yourself have done everything you can to portray a squeaky clean image, you have enabled the corruption to continue by failing to take any steps to stop it.

In my blog, Lehigh Valley Ramblings, my readers and I have come up with a number of very specific suggestions at reform that needs to take place on the state level. I am asking you to use the power of your office to be a voice for reform. Whether it is requiring electronic filing of campaign finance reports by statewide candidates or banning the use of campaign finance funds for criminal defense, you need to again be the breath of fresh air who ran for office instead of someone who promotes corruption.

I will be more than happy to meet with you or a representative of your office to review these proposals. You can email me or call me at 610-533-7379.

Letter to LV Delegation to State House:

You are the LV delegation to the Pa. State House. As you know, Pennsylvania is infected by a culture of corruption that has extended to local government in Allentown. [Above] is a letter I have sent to the Governor on the need for reform. That includes a need for action and leadership by all of you.

This includes filing electronic campaign finance reports that can be viewed immediately instead of relying on paper reports that are only available months after the election. Some of you (Pete Schweyer, Marcia Hahn and Joe Emrick) file paper reports that are only available after the election. Two of you (Marcia Hahn and Joe Emrick) failed to file even paper reports in your county of residence until your transgression was brought to your attention.

In addition, you have used money donated to you to launder money to other candidates. Julie Harhart, Marcia Hahn and Joe Emrick, in their most recent report, laundered money to Zachary Mako through State Senator Mark Mustio.

I am asking you to draft legislation requiring that all finance reports be prepared electronically, and that you pledge in the meantime to file future reports electronically. I am also asking that you pledge that you will not use the money donated to your campaign to support other candidates.

I await your reply.

Thank you.

How NorCo Council Evades Sunshine Act

Late last week, NorCo Council member Bob Werner sent this email to his fellow members of Northampton County Council.

For the record, I am opposed to recommending a replacement as acting director [due] to the fact that there has been little presence, if any, at our council or committee meetings and we have had little or no updates as to what has been accomplished or what the committee as a whole has done or is working on.
I respectfully requested the Economic team 's presence at our May 5th council meeting.and no one showed.
I am now requesting , with ample time in advance, to have all Economic team members at our next council meeting to [respond to] unanswered questions and concerns that still are open.

Actually, Werner's comments are not "for the record" at all. They are instead the technological equivalent of the back room meeting. He is deliberating, which is defined as the "discussion of agency business for the purpose of making a decision," but is doing so behind closed doors.

Pennsylvania's Sunshine Act clearly requires that "official action and deliberations by a quorum of the members of an agency shall take place at a meeting open to the public."  

Instead of expressing his disdain for Northampton County's Department of Community and Economic Development in an open meeting, President John Cusick and other Council members are evading the law by conducting agency business via email. In fact, it could even be shielded from public disclosure under the Right to Know law as an "internal, predecisional deliberation."

Obviously, there is nothing improper about providing Council members with information or letting them know that you want a department to attend a meeting. Fact finding can also take place in private. But Werner's other points cross the line, and need to be said at an open meeting instead of through daily email chains in what certainly seem to be a pre-arranged cyber meetings.

When he was a member of council, Lamont McClure discouraged these cyber back rooms, out of the public eye. But Ken Kraft tells me that the new Council is ignoring this sage advice. During meetings, I have heard discussions of daily emails going back and forth. This practice may go on in Lehigh County as well.

It does result in short, pro forma meetings and very bad government.

Nazareth to Honor Three Officers Today.

This is National Police Week, and Nazareth Police Commissioner Randall Miller is using that occasion to rededicate the police memorial behind Borough Hall, 134 S. Main Street, in a ceremony starting at 10 am.

In addition, for the first time in many years, there will be an awards ceremony to honor officers for "outstanding acts and service to the community."

Officer Stephen Schleig will be honored for his quick action in administering an automated external defibrillator (AED) to Jeff Fogel in February 2015, after he went into cardiac arrest.

Officer Randy Pompei, a part-timer that Miller very much wants to come to Nazareth instead of Palmer Tp, is receiving two awards. The first is for saving the life of a woman who attempted to slit her throat. The second is for removing a woman from Madison Street Apartments during a fire, although this woman had already died.

Chief Thomas Trachta will also receive an award. I do not know the reason.

I have no idea whether Mayor Carl Strye, an accused felon, or Council member Larry Stoudt, who was charged by PSP with interfering with an investigation into the social clubs, will attend. Out of concern that they will be there and that I'd say something, I'll skip the ceremony. It would be unfair to the officers and their families to mar the ceremony by saying what needs to be said, over and over, until they resign. Until that happens, it makes no difference how many awards are bestowed.

Morning Call Notices McDonnell Case, Too

On May 5, I warned you that the federal investigation into political corruption in Allentown could be limited by the United States Supreme Court's decision in the McDonnell case, in which Virginia's then Governor accepted all kinds of gifts and loans in exchange for promoting a drug being pushed by a wealthy supporter. The Morning Call appears to have just reached the same conclusion.

Let me be clear. I expect the Supreme Court will reverse McDonnell's conviction. The ruling will impact how prosecutors prepare their charging documents. But he's going to be prosecuted.

Opinions Online, 5/14/16

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 sometimes highlight comments from throughout the week and re-publish them here. Please keep your comments brief, if possible.

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Trump is a snake oil salesman.

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NO EXCUSE FOR SVSD TAX INCREASE

There is no justification for raising Saucon Valley School District taxes. The answer to $3mil over budget problem is right there in the (4/27) Morning Call article. Take the $3mil out of the surplus fund of $14.4mil! Duh? That's what the surplus is for! Only use this surplus fund to prevent any future tax increases, giving the surplus back to the taxpayer from whom it was wrung by over taxation!

Raising taxes and compensations of teachers, administration and all personnel should have been a thing of the past since 2008. The average income of taxpayers is significantly less than the incomes of the teachers and administrators which they finance. An educated person would have known that after 2008 America would never be the America of post WWII again, that the wealth of the vast majority of our citizens would steadily decline for decades.

The long term answer to SVSD's over budget problem is to cut! The only way that will ever get done at SVSD, or any school, is to have external control over the budget by a taxpayer governing body which will make the necessary hard cuts needed year after year.

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Transgender Potties: So now the Obama regime says its perfectly fine to decide what gender you are, notwithstanding the genitals you were born with.

OK fine.

so as a born male, but as I consider myself female, it is perfectly fine to go to the Department of Commerce and apply for grants that are available for Women-controlled businesses and other benefits that I can apply for as a woman, since I consider myself one.

And if I don't get them because the Commerce Department says I'm male, I'm suing for discrimination. because the Department of Justice says I can be any sex I want to be.

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Your post this looks like you opened the sewers of Allentown.
I know you are not a trump person, but fed ed would have fit well the shakers in Washington.

I am glad I am on the down side of my life.

G. John Bryant, Jr.

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If I were applying for a job that requires a drivers license, should the potential employer obtain one for me? If the state of Pennsylvania passes laws that require certain checks if in the presence of children, shouldn't the individual pay for these out of pocket? All teachers were required to obtain at their own cost yet Bethlehem Township PA in shelling out the cost for their staffers. Why is that? Our so called government leaders need to stop spending tax dollars on themselves immediately!

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Local Speed Limits: "You may want to ask why speed limits are NOT being set to the 85th percentile free-flowing traffic speed. If they were, there would be no "speeders" and the roads would be safer.

If this makes sense, check out the National Motorists Association for good info."

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Bethlehem Tp Police State?: "With a budget of $5.3 Million, is/has Bethlehem Twp PA police department become a police state? That does not include the many state and federal grants available for them to obtain more tools/toys."

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Former NorCo Exec John Stoffa proposes a reform: "John Stoffa writes...an additional government reform I would suggest is a 6 year term from the President on down. An incumbent would have to be out of office for a two year period to be eligible to run again. Voting would occur in two year cycles. This would end career politicians and make it more difficult to co-opt or corrupt the system. This 6 year term would apply at all levels of government."

What Good Government Reforms Would You Make?

No one has seriously challenged my assertion, made Wednesday, that the entire Commonwealth of Pennsylvania is engulfed in a culture of corruption. It's everywhere. Nazareth (Mayor charged with felony theft), Allentown (Mayor named in political corruption investigation), and the state (Treasurer charged with extortion) are just a few of an increasing number of examples. A few local governments have adopted reforms, but they are pretty much meaningless unless the state government steps in with new laws that have a statewide impact.

On Wednesday, Lower Macungie Commissioner Ron Beitler offered a few ideas. I'll repeat them here, and add a few of my own. Please feel free to offer your own suggestions:

1. Term limits now and tweak the terms. Three four-year terms for State Reps. Two six-year terms for State Senators. A two-year term for State Reps is too short, They have to start campaigning for the next election virtually the day after they win.

2. Reduce the size of PA government so state rep districts to have 85,000 people within. This is small enough to maintain constituent services at the current level, but large enough to eliminate 52 positions entirely.

3. Eliminate pensions for elected officials. Salaries for a full-time state legislator should be adjusted to be the median for the district represented. It is a full time job, but not a career. Pensions are for career positions.

4. Enact Resign-to-run rules that would apply to any full time elected position that draws a taxpayer funded salary.

5. End gerrymandering by establishing independent commissions to do the redistricting.

6. Require all candidates for statewide office to file campaign finance reports electronically so the people know immediately how the campaign is being funded.

7. Ban the use of campaign funds for criminal defense.

8. Increase penalties for noncompliance with state campaign finance laws, and continue the requirement that a candidate pay for violations out of his own personal funds.

9. All local governments should be required to provide an Internet broadcast of every meeting. If it is too expensive, the government should be dissolved.

10. Enact State Rep. Bob Freeman's Bill Freeman's bill (H.B. 1745) to require candidates for the General Assembly to follow the same expense report requirements as candidates for statewide office. Currently, both General Assembly and statewide office candidates are required to file a report on the second Friday before an election, but only candidates for statewide office are required to report on or before the sixth Tuesday before the election.

11. Ban gifts of any kind, on a state and local level.

12. Require receipts for per diem payments.

13. Allow independent voters to participate in Primary Elections.

14. Ban local governments and school districts from attaching risky derivatives/"swaps" to their debt.

15. Ban candidates or elected officials from using campaign funds to make contributions to any other PAC or candidate committee to prevent the money laundering. .

America's Hidden Epidemic - Child Abuse

Child abuse is called our hidden epidemic. Every year, over 3.6 million referrals are made to child protection agencies. In 2014, state agencies reported that 1,580 children died as a result of abuse and neglect. This is a problem that county governments face every day.

In Northampton County, Children, Youth and Families (CYF) had 10 caseworkers in 2014 who handled 732 child abuse incidents, and ultimately determined that 65 of them needed action. In 2015, 14 caseworkers fielded 1,076 reports of child abuse in 2015, and took action in 134 of these matters.

Possible signs of child abuse or neglect include the following:

* Behavior changes such as fear, anxiety, depression, aggression or withdrawal, not wanting to go home, or appearing afraid of certain individuals
* Overly sexualized behavior or use of explicit sexual language that's inappropriate for the child's age
* Changes in sleeping patterns including frequent nightmares, difficulty falling asleep. Both may result in the child appearing tired or fatigued
* Changes in school performance and attendance, such as being unable to concentrate in class or frequent absences
* Eating habits that lead to extreme weight gain or loss
* Visible unexplained injuries such as burns, bruises, or broken bones
* Use of drugs or alcohol
* Trouble walking or sitting

If you want to report possible child abuse, you can call 1-800-932-0313.

Bethlehem's Planning Comm'n Streamlines Review Process

At their May 12, 2016 meeting, Bethlehem's Planning Commission adopted new rules designed to streamline the review process during hearings. Instead of hearing a presentation from the Staff, the applicant will first make its presentation so that the public knows exactly what is being proposed. After the presentation and hearing from staff, the public will be invited participate in the review.

In other business, Commissioners voted 4-0 to support plans providing for a three-story medical office building (41' high) for St. Luke's Hospital at 834-43 Eaton Avenue, located at the northeast intersection of 8th and Eaton Avenues.

Bryan Ritter, President of Jena Engineering, told Commissioners that he will demolish the old Bank of America building and two vacant homes and construct a 22,584 sq ft building with 91 parking places. The building design will be similar to what exists on the Anderson campus of St. Luke's Hospital. The facility will house OB-GYN, pediatrics and other medical arts offices.

The St. Luke's Center for Urology is across the street at the northwest corner of 8th and Eaton Avenues.

Updated 9:10 am: Below is the procedure, which will be explained at the beginning of every meeting:

"The applicant will have a chance to present their project to the Commission as their agenda item is called. Following that presentation, City staff will provide an overview of the City’s comments and a recommendation. Then the Planning Commission members will have an opportunity to direct questions related to the project to both the applicant and City staff.

"Following Planning Commission discussion, interested parties will have an opportunity to comment on or ask questions related to the project. All interested parties will be asked to give their name and address for the record. They shall also sign their name, address and email address on the sign-in sheet provided. [Name and address is a requirement of the Sunshine Act].

"We will adhere to a 5 minute time limit for each member of the public and each person will have one opportunity to speak. We ask that all comments be related to the project proposal under review and that all comments be related to the land use issues of the project. When there are a significant number of interested parties, we request that members of the public be concise in their testimony and avoid repeating previously made assertions.

"After all interested parties have had an opportunity to speak, the Planning Commission members will have a final opportunity to deliberate on the project. The review of the Planning Commission is based on the provisions of the Subdivision and Land Development Ordinance, the Zoning Ordinance and other municipal ordinances, as applicable. Decisions will be based on these applicable ordinances, the recommendations of the City’s professional staff, pertinent public comment and the public good."

I did not think of this yesterday, but would add a provision that would prevent the same person from addressing the Commission multiple times on the same subject.

Have Mercy on Matt McTish!

Matthew McTish, aka Donor #2 is the engineer who eluded prosecution in the Pa. Turnpike scandal, despite his admission that he had given a $4,000 travel voucher to a public official. The lead prosecutor in that matter, Laurel Brandstetter, now represents him in his guilty plea to political corruption in Allentown.

In the letter below, she attempts to portray a very active participant in bribery, and one who already dodged prosecution once, as an unwitting victim.

Below is her email to McTish's pals:

Dear [Sucker?]

I represent Matt McTish in the criminal case, which became public today. Your relationship with McTish, Kunkel and Associates is very important to Matt, which is why he asked that I contact you on his behalf.

Matt entered a guilty plea in federal district court on one count of conspiracy to commit bribery in connection with the FBI’s investigation into political corruption in Allentown and Reading.

Since Matt’s name first surfaced in the investigation, he has been coming to terms with his actions and taking responsibility for them. Matt participated solely out of concern that if he didn’t, his Firm would lose business to a firm that did.

I am limited in the details I can provide because this matter is the subject of an ongoing investigation.

Matt is committed to making things right. First, Matt is cooperating with authorities in their quest to rid corruption from the process for awarding government contracts. Second, with the help of outside experts, MKA has launched an aggressive ethics and compliance program.

Matt has stepped down as president. Matt’s brother, David McTish will now serve as president of MKA. John Ryan and Timothy Benner serve as Vice Presidents of the firm. Tim and John are long term employees of the firm and have served as leaders for many years. I have had the opportunity to work with David, John, and Tim for the past year and am thoroughly impressed with their accomplishments and leadership. Matt will remain with the firm to assist with the transition and assist private industry clients.

Matt understands that this news may raise questions for you and would like to make clear that his actions were personal decisions that he deeply regrets. Please do not hesitate to contact David, John, or Tim directly. They would be happy to meet with you and answer any questions that you may have.

I am also available if you have questions about the legal process. I can be contacted at my law firm. [email and phone redacted]

Laurel Brandstetter

Debt-Free Hanover Tp Gets Rave Review From Auditor

Certified Public Accountant Todd Bushta has completed his audit of Hanover Township's finances and informed Supervisors at their May 10 meeting that he was unable to find any instances of noncompliance with governmental accounting standards. He provided a He offered a clean and unqualified opinion.

He noted that the Township has no debt.

"I can't remember a time when we had no debt," marveled Chairman John N. Diacogiannis.

Township Manager Jay Finnigan reported that the Community Center and the Municipal Police Building at 248 Brodhead Road were both paid off seven years early, and that the Municipal Building and firetruck were paid off five years early.

"It would be easy to pat myself on the back,said Finnigan, "but it's really the work of an excellent staff."

That would include Public Works Director Vince Milite, who recently had speed signs installed on some heavily traveled roads. If the car is going too fast, the speed and "Slow down!" begin to flash. If the car is going t the right speed, the sign flashes, "Thank you."

He illustrated his point with a picture of a car obviously ignoring the 35 mph speed limit.

Though this looks exactly like the Township Manager's car, Finnigan swears he's innocent.

Judge Panella a Hit With NorCo Retirees

Dorothy, Dot and Maurice Dimmick made the Wills office a pleasure to visit. 

Twice every year, Northampton County retirees get together at Northampton Community Center for a delicious lunch. For this year's Spring lunch, which was attended by well over 200 retirees, Attorney Michael Corriere kicked things off with a discussion on wills, living wills and powers of attorney. But the main event was Superior Court Judge Jack Panella.

Judge Panella, for those of you who don't know, is something of a rock star to Northampton County workers. I found this out the hard way a few years ago when I met him to discuss his Sexual Violence Bench book, which he really wanted me to read for some reason.

As I sat there with my ham on rye, women shoved me aside as they fawned all over him. "I miss you so much," he'd say, and they'd giggle like schoolgirls as I pretended to read his book.Before long, half the courthouse was there, surrounding him.

One of them finally glanced at me, glared at the book and said, "Bernie, are you reading about sex crimes at lunch? You really are a pervert, you know?"

So I've been told.

Judge Jack Panella, NorCo rock star

Judge Panella, who was admitted at the same time as John Morganelli and Jay Leeson, went on to become Northampton County's Solicitor under Jerry Seyfried, a county judge and a Superior Court Judge. He's been on the bench now for 25 years. "Seems like yesterday," he said at lunch.

He brought another book, by the way. I let others have it.

Judge Panella told a few stories about his time on the bench and as a lawyer.

Northampton County's First Million Dollar Verdict

One of the cases he remembers as a law clerk fresh out of law school is the lawsuit that resulted when Debra LaForm was swept away by raging Bethlehem Tp stormwaters in 1977. She was sucked into a drainpipe that was only 18" in circumference, and her body was found later in Nancy Run Creek.

During the trial, after LaForm's mother had finished her emotional testimony, Bethlehem Township's lawyer asked her if her daughter could swim.

"You can tack $500,000 onto the verdict after that question," Judge Franciosa whispered to Panella.

The verdict, $1 million, was the largest verdict at that time, in Northampton County.

I would break that record the following year, but as a defense lawyer.

Lipstick and Blood

Another case he mentioned was one over which he presided as a trial judge. The Devon Guzman murder. She had been involved in a lesbian relationship with two women. One of those women, along with her jealous husband, decided to kill her. She was grabbed from behind and a knife plunged into one side of her throat and then cut away, nearly severing her head from her shoulders. She resisted and bit through one of the arms holding her down from behind, right through the shirt and into the skin.

After the murder, Guzman's body was left in a car at the Hugh Moore Park in Easton, to make it look like a suicide. The murderers went home and put their clothing in the washing machine instead of discarding their bloody garments.

As police became suspicious, they were able to link the blood in the washing machine to Guzman, and even found traces of the lipstick she was wearing. They also noticed the bitemark in the shirt.

District Attorney John Morganelli decided to call a doctor and ask if someone could bite through clothing and into another person's skin.

This doctor told him that was entirely possible, and the mentioned that, as luck would have it, he had just treated someone with that kind of bitemark. The doctor was served with a subpoena and it turned out that the person he treated was the jealous husband whose clothing had been found in the washing machine.

Panella brought a book about that murder, Lipstick and Blood. That's the one I let others take.

Can a Man marry His Son?

The final case Judge Panella discussed involves an elderly gay couple who had been together for decades, long before a gay lifestyle was approved. Unable to marry, one of the men, aged 60, adopted his 40 year old gay lover because they were unable to marry.

Fast forward 20 years, and gay marriage is now legal. But a father can't marry his son, so this gay couple sought to have the adoption annulled. A trial judge said No, so that case is now before a three-judge panel that includes Judge Panella.

Mis-de-wiener

After Judge Panella finished his remarks, Master of Ceremonies Gerald E "Jerry" Seyfried decided to tell his own story, involving Judge Zito. A couple in the Slate belt were having domestic difficulties because the husband was always cheating on his wife. So she decided to snip off his penis, like Lorena Bobbit. She had the scissors, but instead of snipping at the male organ, she decided to stab it off. But she missed and hit the guy's thigh instead.

Though she was charged with felony aggravated assault, Seyfried reported that Judge Zito reduced the charges because it was only a "misdewiener."

The audience groaned, and I think a few people started throwing things and the meeting quickly ended.

It was great to see a lot of old friends there, including former Council Clerk Frank Flisser, former Executive Glenn Reibman, former Council member and Director of Human Services Ron Heckman, Jerry's lovely wife Julie, Regina, Dorothy, Dot and Maurice, to name a few.

Pennsylvania Infected By Culture of Corruption

Two years ago, at a booth inside the Nazareth Diner, I had a meeting with a source who was upset over Attorney General Kathleen Kane's handling of a Grand Jury investigation into pay-to-play at the Pa. Turnpike Commission. Eight people, including a former State Senator and the ex-CEO of the Turnpike Commission had been charged, and Kane piously condemned these men for lining their pockets, but when the dust had finally settled, no one went to jail. They got slaps on the wrist. One of the participant was local engineer Matt McTish, but I ultimately decided against writing about it. Obviously, I made a mistake. I overlooked a culture of corruption that extends far beyond Allentown and Reading, and appears to have infected the entire state.

Let's back up a second and look at that Turnpike investigation. Consultants and contractors looking for work showered gifts on turnpike officials, including trips to Florida, golf outings, use of a Las Vegas condo and gist certificates. McTish admitted that he gave a $4,000 travel voucher to the Turnpike Commission CEO. Though he had "no reasonable explanation," he knew it wasn't "the right thing to do."

The turnpike commission investigation was finished by an Attorney General with ties to Ed Rendell. She even employs his former spokesperson. She didn't start it, and it was beginning to point in directions she did not want to go. So she cut sweetheart deals and ended the case before some of her supporters were dimed.

McTish not only got a free pass, but his firm continued to be awarded contracts by the state. He continued doing the wrong thing. His lawyer tried to paint him as a victim, but the facts reveal him as a willing participant in bribery who already had dodged one prosecution.

An example of this is his $5,000 contribution to AG Candidate Josh Shapiro a few months after his firm received a $1 million construction inspection services contract in Montgomery County. Why Shapiro accepted money from someone who admitted to bribery is a question that Republican nominee John Rafferty might want to ask.

Maybe McTish was buying insurance from another political hack. Whatever his motive, his luck has run out. The feds, unlike political prosecutors, don't play that game.

In recent days, they've been awful busy. On Friday, Governor Rendell's former Chief of Staff, John Estey, pleaded guilty to stealing $13,000 of $20,000 in sting money provided to him by the FBI. He donated the remaining $7,000 to then State Rep. Josh Shapiro ($2,500), State Rep. Dwight Evans ($1,000), State Sen. Vincent Hughes ($2,000), State Sen. Larry Farnese ($1,000) and State Sen. John Yudichak ($500). All either are or were Philadelphia politicians with deep ties to Ed Rendell and Dem party boss Marcel Groen.

One of these donees, Larry Farnese, has been indicted, too. On Tuesday, he was charged with misusing campaign funds in a vote-buying scheme to get himself elected to a ward leader position in Philly. The feds are obviously trying to roll him to name other people who have participated in a pay-to-play culture that was so apparent in the turnpike investigation that Kane ignored.

Evans is now running for the U.S. Congress, having beaten Chakah Fattah in the primary. Fattah is currently on trial for political corruption.

And Josh Shapiro, believe it or not, is the Democratic nominee for Attorney General.

He is connected to Estey and McTish and is an active participant in the pay-to-play culture that has gravitated out of Philly and extended its tentacles into Allentown and Reading.  But don't worry. He has an "integrity agenda."

Feds are doing their best to eradicate the rampant bribery and extortion going on between vendors like McTish and public officials like Pawlowski..This is a statewide problem, not just a local nightmare.

Getting closer to home, feds are reportedly looking at vacation stays by Fed Ed and his family at the Florida Keys home of Richard Somach, a partner in the Norris, McLaughlin law firm known as "Law Firm #4."

Jennifer Mann reportedly also spent time at Somach's Florida Keys home when she was a State Representative.

Neither Fed Ed nor Mann disclosed these vacations on their Statements of Financial Interests.

Also, in the first real sign of his involvement in this mess, NIZ developer J.B. Reilly also made his summer home in New Jersey available to Fed Ed. .

Instead of integrity agendas and other such bullshit, Pennsylvania needs to take a much harder line on campaign finances than it has ever done. But its legislative branch is a big part of the problem.

Updated 10:00 am: Does this culture of corruption include the rest of the Lehigh Valley? In Nazareth, we have a mayor charged with $8,000 in felony theft, and he and his Council think it's perfectly OK for him to stay in office. Bethlehem politicians are largely funded by CRIZ developers. In Easton, where its Mayor has used at least two false names to manipulate public opinion at lehifh Valley Live, we watch as the City forefeits $500,000 in billboard rent in a settlement with entrepreneur Abe Atiyeh. Only one Council member, Pete Melan, recuses himself. Decimated newspapers miss most of these stories, or purposely avoid writing about them for fear of losing access.

The McTish- Mann connection: - McTish was using former State Rep. and NIZ Queen Jennifer Mann as a "consultant" until the end of 2015, when he realized he as going tets-up. He also contributed $5,000 to Mann's dishonestly named "For the People" PAC. She also raked in $2,000 from Ramzi Haddad, who pleaded guilty to bribery.  she paid approximately that amount for lunches between January and March, and charged it to "For the People."

The Feds' Case Against Matthew McTish

Below is the federal information against Matthew MbTish, filed in connection with the pay-t-play investigation in Allentown and Reading. It proves that I was right whenI suggested that Donor #2 was Matt McTish. It also indicates that the federal government is perfectly willing to prosecute the vendors and firms who profited from pay-to-play.

The information also identifies Public official #5, whom I believe is former Managing Director Fran Dougherty.

We know that Fed Ed's defense is, "Blame it all on Fleck." Jack McMahon is no doubt deeding that bullshit to the dailies. But here's what we know:

*  Fed Ed personally requested contributions during meetings about pending engineering contract (Para. 15);
*  Fed Ed, at a meeting with McTish on May 27, 2014, promised to help McTish get more engineering work in exchange for continued donations to "Friends of Ed Pawlowski." (Para. 12)
* On August 8, 2014, after Fed Ed learned that McTish had agreed to become a yearly sponsor to his PAC, he stated, "Okay, now I have to get him work." (Para. 13).
* At a meeting with McTish on April 27, 2015, Fed Ed said he could get him more work, but wanted him to raise $21,600 for his federal race. (Para. 17).

Information - McTish by BernieOHare