Judge Throws Monkey Wrench in Bethlehem Landfill Expansion Plans

According to both the "Citizens for Responsible Development" (CRD) and their attorney, Gary Asteak, NorCo Judge Abe Kassis issued a ruling yesterday that, if it stands, will make a desired expansion of Bethlehem Landfill highly unlikely. According to both Asteak and CRD, Judge Kassis reinstated two conservation easements and a woodland easement that were adopted by the City of Bethlehem in 1994, when it owned the Bethlehem landfill. 

The conservation easements preserve 208 acres of landfill property for scenic and conservation purposes and specifically exclude landfills. The woodland easement, which applies to 8 acres, is intended to preserve undisturbed woodland. It was binding on both the City and future owners to preserve the Delaware and Lehigh Canal Heritage corridor as well as "the original character and scenic nature of the land."  

Judge Kassis concluded that Lower Saucon Tp, under a previous Council, violated the Donated or Dedicated Property Act when it rescinded these easements without first seeking approval from the Orphans Court. If this ruling stands, Bethlehem Landfill will be unable to expand into any areas protected by these easements. 

CRT applauded the ruling as "a crucial affirmation of the public’s rights and the legal protections created decades ago to preserve the character, ecology, and scenic integrity of this landscape.”

Bethlehem Landfill provides waste disposal services for five area counties, including Northampton and Lehigh. It has a 201-acre permit and was approved by DEP for a 40-acre expansion. It was cited last January for failing to control odors. 

There's Trouble in Wilson Boro's Dixieland

As many of you are aware, Northampton County Council voted recently to reject an ordinance that would have enabled a developer to finance the construction of his property with your money. In a narrow 5-4 vote, County Council denied a 20-year real estate tax break amounting to as much as $29 million to an out-of-town developer with no experience wnd who has already received handouts from the state. What's more, the developer wanted your money to provide housing for the wealthy - luxury apartments at the old Dixie Cup factory in Wilson Borough. But this is by no means over. Two of the Council members who voted No to this tax break - John Goffredo and John Brown - were defeated in November's election. A third No vote came from Council member Ron Heckman, who has opted to retire at the end of this year. The only Council members who voted against this tax break and who will remain on Council next year are Lori Vargo Heffner and Tom Giovanni. Next year's County Council might resurrect tis tax break even though it is highly likely that moeny is going to be tight.

The tax break in question is known as a TIF (tax increment financing). How does it work?

All properties, even the blighted Dixie Plant is assessed as having a certain value, and taxes are based on that assessment.

A developer who does not hold his hand out to the government for every penny he can grab, will see the assessment of the property increase as he develops and puts up apartments. The borough, school district and county will see increased tax revenue immediately, and that will continue for so long as apartments or other improvements are made.

A developer with a TIF is able to float a bond (tax-free, of course) based on the increased assessment anticipated. At the DIXIE, it's $29 million. When apartments are put up, the increased assessment is collected by all three taxing authorities, but it is not kept by them. They must fork the money over the county industrial development authority. This agency will administer the bond, no doubt for a tidy commission. This authority will use this money to pay down the debt on the bond, and for 20 years.

Basically, the government is financing and paying the debt service on a $29 million construction loan. I don't fault Skyline for taking advantage. I do fault the government for using your tax dollars.

One of the many things that troubles me about this tax break is that, once the $29 million bond is sold, Developer Bill Bartee (Skyline Investment) has put himself down for a $4 million "developer's fee." Consultant Claudia Robinson, who specializes in getting tax credits and public subsidies, is slated to pull down even more, $4.25 million. And Bartee's "exclusive" architect, CHASM, will collect a $6.75 million fee.  So, $15 million of the $29 million in increased assessment will be lining the pockets of a developer, a consultant who specializes in public cash grabs and an inflated architectural fee. The Borough, County and School District will just have to wait 20 years. 

Once the developer and his associates are paid, they have every incentive to walk away. 

Without question, Dixie is blighted. But that's mainly because the borough allowed it to get that way over a period of 40 years. During that time, only tepid efforts were made to enforce obvious code violations. A local magisterial district judge who would decide enforcement actions was allowed to store his race cars inside the building, 

At a time when people are struggling to pay rent and when many county employees are actually on food strops, a tax break for luxury apartments is the height of arrogance. It is a reward to borough that failed to enforce code and to an owner who failed to maintain the property. 

That former owner is WilsonPark, who is fronted by Joe Reibman on behalf of a number of estates. On June 24, 2024, WilsonPark conveyed the defunct and dilapidated Dixie Cup factory to Brain Bartee, front man for Skyline Investment Group Easton, for $11 million. But Reibman has received no money. He's instead holding an $11 million mortgage, and that becomes due only when the TIF Bond is floated or after 33 months, whichever comes later.  What's more, his mortgage has been subordinated to a $4 million mortgage used by Bartee to acquire the vacant LA Fitness building. On his webpage, Bartee boasts that he will convert the former LA Fitness into "130 hotel suites with 250 multifamily residences are planned that will feature 1920s-inspired art elegantly paired with modern amenities and exceptional service. Along with the introduction of approximately 163 permanent jobs, The Wilson will feature EV charging stations, a high staff-to-room ratio, and a suite of premium services. Guests will enjoy the personalized attention of a dedicated butler, doorman, concierge, chauffeur, and valet parking, all provided by a team of highly trained professionals committed to the highest standards of hospitality."

That should solve the affordability crisis. 

In the meantime, the real estate broker who arranged the deal between Bartee and Reibman has been stiffed. According to a complaint (see below) filed in Northampton County, the broker put several years into this project and is still owed $183,000. Reibman has ignored requests for payment. He'll be unable to ignore a complaint. 

Garibaldi Complaint For Broker Commission by BernieOHare

Sultana Hands Out Bar Room Darts at Christmas Tree Lighting

As hard as this might be to believe, Easton City Council member Taiba Sultana managed again this past weekend to demonstrate that the "CRAZY, CHAOTIC CRIMINAL" campaign signs that appeared briefly during her race for the state house were entirely warranted. I say this because of her antics on Saturday weekend during a Christmas tree lighting ceremony at 12th and Northampton in Easton

You may not have seen those "CRAZY, CHAOTIC CRIMINAL" campaign signs because Sultana's children defaced many of them and were in fact nabbed in the act of doing so by a state trooper. She filed a defamation action over those signs, but her case was tossed by President Judge Craig Dally.

Before I tell you about Saturday night, let's review her recent history. She is the Council member who was charged in 2023 with assaulting her own adult son. After being placed on ARD, Sultana claimed that the charges filed against her by Easton police were racially and politically motivated. Easton police responded by releasing the body cam footage on the day of her arrest. to demonstrate that officers acted professionally in response to a 911 call for help. She has been a divisive presence, claiming among other things that she is the only person on Easton City Council who cares about the brown and black community. This should be news to Kenny Brown, who is both black and brown. In a failed bid for the state house, she submitted a false nomination petition that included the forged signature of State Senator Lisa Boscola. (Her photographer husband, Nadeem Qayuum, both circulated and attested to the forged signature. Believe it or not, he is a NorCo Council member elect). Over 250 Eastonians in her district called on her to resign, claiming that "[s]he has brought more division in the City and has continuously been combative with her constituents. ... She seems more interested in making headlines addressing national and international business as a priority."

Just two weekends ago, at a Christmas parade in downtown Easton, she attempted unsuccessfully to have Big Easy Easton Band leader Jeremy Joseph charged with harassment for telling her what he thought of her tenure with the city. Easton police filed no charges because there were no threats or harassment. 

I thought that we all could take a Sultana siesta for the rest of the year. I was wrong. She struck again on Saturday night. That's when Easton West Ward's Community Initiative conducted its second annual tree-lighting ceremony at Paxinsosa Elementary, 12th & Northampton. Santa was there. Food vendors were there.  There were arts and crafts for the kids. No long speeches. Sultana decided to come and bring her own version of Christmas cheer. In utter disregard for people who drive on busy Northampton Street, she double-parked her van on what is probably Easton's busiest road and left it there for two hours until police came and started to run the plate. She took over a table that was intended for people to be able to sit down and eat. But she had free toys. "I loved giving out free toys to the kids as Christmas gifts; their smiles made my night," she recounted on her Facebook page. But event organizers soon began receiving complaints from parents about those "free toys." She was handing out bar room darts. No, Not terf darts. They were honest-to-goodness bar darts. No targets. Just bar darts.  

"You'll shoot your eye out!", parents were telling their kids.  

NorCo Council Adopts 2026 Budget With No Tax Hike

In his final days as a member of NorCo Council, Ron Heckman tried something he had never done before. He proposed a one-mill tax hike. Despite whatever he had been led to believe, his motion died for lack of a second. An amended budget that with a few exceptions is identical to Executive Lamont McClure's proposed spending plan, was adopted by a vote of 7 to 2. The amended budget was supported by Lori Vargo Heffner, Kelly Keegan, Jeff Corpora, Jeff Warren, Tom Giovanni, John Brown and Ron Heckman. Voting No were Ken Kraft and John Goffredo. 

The biggest amendment was for the Lehigh Valley Planning Commission. It was budgeted to receive $625,000 in McClure's proposal but wanted an additional $461,000.  Council President Vargo Heffner suggested that the county provide $365,000. This is less than the planning agency wanted but would make NorCo's contribution the same as Lehigh County's contribution. This amendment passed by a vote of 6 to 3, with Kelly Keegan, Ken Kraft and Jeff Warren being the dissenters. 

The discussion that preceded this vote was pretty much along the same lines as during the budget amendment hearing last week. Ken Kraft was strongly opposed, claiming that LVPC already has a huge surplus. 

Outgoing Exec McClure was pleased at the adoption of the budget. "“From the beginning, I promised to end the over-taxation of the people of Northampton County,” he said in a news release. “Eight straight years without a tax increase, and a tax cut that returned $25 million to our residents, shows that we kept that promise.” He added that, since 1961, NorCo has never gone eight years without a tax hike. 

Taiba Sultana Appeals Dismissal of Defamation Action

Over the weekend, Easton City Council member was highly offended by Big Easy Easton Brass Band leader Jeremy Joseph. She wanted to lead his band in the annual Easton Christmas parade, and he told her what he thought of her. She got out in front of the band anyway, but not before going to police to claim she had been harassed. And she also made sure that Lehigh Valley News was made aware of what had happened. She also posted about it on her personal and Council member Facebook page, falsely claiming she had been "threatened." Easton police yawned, stating there were no threats or harassment. She certainly defamed Johnson and placed him in a false light. But he has no intention of suing, saying that her punishment is "that she has to be her."

She has demonstrated once again "that she has to be her." Last month, President Judge Craig Dally rejected a defamation/false light claim she brought against a policitcal action committee that circulated campaign signs in her race for the state house, calling her "CRAZY, CHAOTIC CRIMINAL" According to Judge Dally, "[S]he has not established with clear and convincing evidence that the identified statements are actually false or that they were made with reckless disregard for the truth." In other words, she could very well be what I would call a wackadoodle.

Well, if there was any doubt in your mind about this, it should be gone with this latest news. On Tuesday, she appealed Judge Dally's decison to the Superior Court. She did this on her own, with no legal representation. Good luck with that!

NorCo Council Could Adopt a Tax Hike Tonight

Tonight, Northampton County Council is poised to adopt its budget for 2026. Executive Lamont McClure as proposed a $503.6 million spending plan, slightly less than the year before. As required under the Home Rule Charter, it is a balanced budget. It would require no tax increase. The 10.8 mill tax rate would remain the same, meaning that a home assessed at $75,000 would receive a county tax bill for $810. After a series of budget hearings, County Council has considered some minor changes. Its biggest amendment, an increase in funding for the Lehigh Valley Planning Commission, failed to garner five votes. That could happen tonight, but there is funding for it in available grant funds. So this should be an unusually short and sweet budget adoption meeting, right? Wrong. I am hearing rumors that a tax hike is in the works and that the 10.8 millage rate will be going up. There may even be five votes for it.

The reality is that county council is concerned that its rainy-day fund might be too low and that it might need more money to pay higher salaries. It might also need funds for a cash contribution to Gracedale. 

Two weeks ago, Council President Lori Vargo Heffner warned that a tax hike was on the horizon. It was not a question of "if," but "when." Given concerns about the budget that incoming Exec Tara Zrinski has raised, Council might be doing her a favor. I'm sure she'd hate to have to propose a tax hike in her first year as Exec, but an increase now might help her avoid one next year. And next year, the county should use AI for cost-savings measures to streamline operations and boost efficiency, especially at Gracedale. It should consider training caseworkers so they can work from home and still be productive, thus obviating the need for a new government building. Most importantly, a reassessment is beyond overdue. Though politically unpopular, this is the only way to achieve fairness in taxation. If and when a reassessment is completed, municipalities like Easton must adjust their millage rates in a way that is revenue neutral. 

ICE Masks: Is It Time to Outlaw Secret Police?

In Trump's dystopian Amerika, our police have become increasingly militarized, and our military have increasingly become police officers. What's more, we have masked ICE agents who prance around in unmarked tactical gear. It is more like 1930s Germany than 1950s America. They claim the masks are needed to prevent the safety and privacy of agents and their families. I rather think it is actually for the same reason that Nazi thugs liked to don swastika armbands - they think it makes them look cool. It is also harder to sue them for their illegal arrests and excessive use of force.

In Pennsylvania, the "No Secret Police: Unmask ICE" Act was introduced by State Senator Amanda Cappelletti back in July. She believes this practice erodes public trust in law enforcement and makes impersonations far more likely. She has eight co-sponsors, all of whom are Democrats. The bill generally requires law enforcement to wear clothing that identifies them as such, including their name, badge number and specific department. Masks are banned with certain exceptions for undercover work and public health. 

No Republican has agreed to sponsor the bill, so it will likely languish until next year, when I expect that the people are going to elect Democrats who will put leashes and muzzles on these out-of-control federal agents.

Neither LV Dem Senator (Nick Miller, Lisa Boscola) has co-sponsored the bill. They have their fingers in the air, waiting to see which way the wind blows. 

New Jersey is considering a similar bill, and California has actually passed a law that bans the masks