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Nazareth, Pa., United States

Monday, March 29, 2010

Judge Franciosa Reverses Beth Tp Decision Against Work Release Center ... Again

Senior Judge Michael V. Franciosa has spoken. On Friday, he reversed a Bethlehem Township ZHB decision rejecting an Abe Atiyeh request for a 300-bed county treatment and work release center, located nearly a mile from the nearest home. He also approved the use. He has remanded for imposition of reasonable conditions of use.

I have not seen the decision, but the ruling was confirmed by Bethlehem Township's Zoning office.

More details will follow later.

Afternoon Update: I have seen Judge Franciosa's written opinion. He has REVERSED the ZHB, has APPROVED the special exception use and has REMANDED to the ZHB so they can impose reasonable conditions on the use that are rationally related to the health, safety and welfare of Bethlehem Tp residents.

Franciosa finds four instances in which the ZHB committed both errors of law and abuses of discretion. First, it attempted to force the County (through Atiyeh) to provide a very specific listing of the types of residents, well beyond what is required by the Ordinance. Second, it rejected the County's estimate that it would need 3 or 4 corrections officers on duty at all times.l based on the mistaken notion taht the staffing needs at a treatment facility are the same as at a prison. Third, the ZHB relied on traffic concerns based on testimony that they, themselves, had ordered stricken. Finally, their insistence on a lease with the County can be found nowhere in thew Ordinance.

31 comments:

Anonymous said...

Technically, he did not reverse them again, since the first decision was strictly a remand to the ZHB for more evidence.

Bernie O'Hare said...

I have seen the decision since I posted this blog. Judge Franciosa REVERSED the ZHB. He APPROVED the special exception. He REMANDED to the ZHB only so they can impose conditions on the use that are rationally reklated to the health, safety and welfare of Beth. Tp citizens.

Anonymous said...

Here we go again lets pay more rent insted of building.I thought northampton county was having tough financial times.

Anonymous said...

Ah, the legislator in the black robe strikes again.

Maybe O'Reilly will grab it and make that judge's life as fun as the ones that let the child molestors off the hook.

Bernie O'Hare said...

"Here we go again lets pay more rent insted of building.I thought northampton county was having tough financial times."

A storage shed is one thing. A 300-bed work release facility and treatment center is something else. I doubt Stoffa wants to spend the money right now to buy, although that is certainly an option.

And treating criminals, instead of warehousing them, is cost-effective. 67% of your county tax dollar pays for the back end of crime. Treatment centers that reduce recidivism will reduce county costs in the lng run.

Anonymous said...

If in four years the County prison is as full as it is today, will Stoffa admit this gift to campaign supporter Abe Atiyah was a failure?

Also when will Stoffa fess up to Council about the cost of the Leases. The lease with Atiyah and the lease with the treatment Company. There is big money in treatment which has not proven to reduce anything.

So, how much John? Hopefully the new county Council members will ask the real and tough questions that the Northampton County pussy cat Ron Angle can't seem to ask.

Enough bullshit Ohare, buddy or not.

Anonymous said...

Let's see... a Northampton County Judge ruling on a Northampton County project by overturning the decision of a local board. Sounds fishy to me. Nothing like seeing a conflict but not admitting it exists.

Anonymous said...

And no one mentions that the law firm representing Atiyeh, also is the solicitor for the Township. Talk about conflict.

Bernie O'Hare said...

You are suggesting that a Northampton County judge would be biased in favor of the County. That's certainly reasonable, and could have been raised as an issue. Apparently, the ZHB and Beth Tp had more confidence in the Court's fairness than you.

Anonymous said...

The Court tried to have an outside judge brought in to hear this case...the PA Supreme Ct said no. So they assigned it to Senior Judge Franciosa. The Court obviously recognized the potential conflict.

Bernie O'Hare said...

And just as obviously, the Pa. Supremes dismissed it as a cause for concern. Having said that, if any of the parties involved had registered an objection, I'm sure the Court would quickly recuse itself. You can't complain about bias now that the decision is in.

Anonymous said...

I think we need to hire a consultant to figure out what is best for this situation.

Then we need to form a committee about the consultant.

This smells of kick backs all day long.

This county has blowed alot of money and I am sick of it.

Anonymous said...

Thank you Judge Franciosa, finally the burbs start carrying their load.

Anonymous said...

The burbs been carrying the load since they came into existence. Who the hell you think pays for everything? The inner city drug dealers or the owners of rundown properties in KOZ areas?

Put your hand back in your pocket, nobody gots nuffin for you today.

Anonymous said...

Between Atiyah and the drug treatment company the payback will be flowing. As of today does County council have even the slightest idea of the terms of the lease or the terms of the treatment company.

Stoffa knows, Atiyah knows, the Treatment company knows, but not County Council.

How does the Northampton County pussy cat answer that? Screw the people everything this administration does is under cover and monitored by a clueless County Council.

Dave said...

Some recent developments with treatment. Past grads of the 6 month program are now being re-incarcerated at NCP. By judical order as opposed to the treatment teams policy..they are being sent thru the program all over again. This is not a good precedent as it rewards failure and keeps someone out of the program who may truly benefit. There is a long waiting list to get in as life on that block is much better than the rest of the jail. Policy was that if you graduated and then failed on the outside..you could not return to that community situation. The initial recidivism rate for the program is now going up instead of down as more grads hit the streets and more are reoffending.

Anonymous said...

Dave,

Very well said. Bernie I think what Dave said would be something you should look into. What he is saying is fact.

Be careful who you talk to for statistics on this however, as the numbers you may get will be spun to reflect in a positive light.

Dave said...

There is also still no d&a treatment program for the women at NCP and they may be the more receptive group to be targeting for rehab. Rumor also has it that an inordinate amount of the inmates in treatment are faking it. This is an inherent problem as how can anyone gauge intent in a program of this sort. You just say and do whatever they want until you hit the street and return to former ways and means.

Dave said...

At the start of the CEC program at NCP..the admin. was screening and choosing who they let into the program. At present the judges have taken over for the most part and are sentencing people to the program despite their personal issues or readiness to change. Do the program or do hard time..how would you respond?

Anonymous said...

It went from a "voluntary" program to a court ordered program. That tells me everything I need to know about the "program".

I can only guess this will be the same outfit that will be in the "treatment" center.

Anonymous said...

How about a program/center for chronic outlet pokers? They know they'll get a shock if they do it, but they still do it. If the druggies deserve this, why not everyone who chooses to do
something long known to be detrimental.

By now, everyone knows that drugs and booze are trouble. This is not a new phenomenon. There is ample, visible empirical evidence in every culture and subculture. Rock stars, athletes, artists, doctors, lawyers, soldiers, teachers, gang bangers. Whomever you identify with, there is no shortage of cause and effect "Use and you will end up in prison or dead" examples.

Quit making these people out to be victims. My way of saying it is much more callous than Dave's more critical analysis, but the message is the same: Give them a reason to think they don't have to toe the line, and they won't.

Anonymous said...

It is simple, if the prisons and jails were more harsh these people wouldn't want to come back. It is that simple.

Instead they get cable and they can by whatever they want from a commissary. They have it far to easy and there is no deterrent and they come back.

So here is a novel idea. Lets make a cushy "treatment" center for them and that will cure them. Great idea.

The only person benifiting from this bullsh+t idea is Atihya or however you spell it. I am sure he will be set for life after this deal. Maybe he can use some of the money on his offshore gambling scam.

Anonymous said...

The drug enforcement and rehabilitation system is broken and only serves as part of a larger system of wasted money and effort. Addiction and crime have gotten worse, not better. It's time to stand up and say no more of these schemes until the larger system is fixed.

Dave said...

Some facts..81 grads so far..program began last April..13 have returned to NCP for reoffending. No stats on reoffenders who might be in Lehigh jail or jailed out of the state or the area. 24 guys currently in the aftercare meetings on the outside.

Dave said...

Does appear that CEC is reevaluating the returning grads and advising the court as to who should be allowed to reenter the program for a second time. One and done is not CEC policy so these guys have more than one shot at redemption from addiction as far as the county is concerned.

Anonymous said...

Let's not forget the ones from the first couple groups that may still be up state. They can not be counted either.

Anonymous said...

This is a sweetheart deal between Stoffa, Atiyah and the Treatment providers.

The only evidence of this crap working is fom the Drug treatment advocacy groups. amazing ain't it.

Anonymous said...

Heard yesterday that this is being appealed to Commonwealth Court.

Bernie O'Hare said...

If that is so, it is in violation of the Sunshine Act. That decision can only be made during an open meeting. I presume you were talking to a Beth Tp ZHB member again.

Anonymous said...

Imagine this a county judge ruling on something the county wants adsomething the judges want sound a little fishey.B O ask your buddy stoffa whats going on at the work release facility,i hear if that rumor gets out nobody will want that center in their back yard.

Bernie O'Hare said...

You discovered Stoffa's deep, dark secret. He and the judges have conspired to use it to make soylent green.